For the purpose of this chapter, certain terms and words are hereby defined. Where indicated, or reasonably appropriate, words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the words "used for" shall include the meaning "designed for"; words or phrases identified parenthetically or referenced in these definitions shall be synonymous with the preceding word or phrase or referenced word or phrase; and the word "shall" is mandatory and not directory; the definitions being as follows:

ACCESS WALKWAY. The part of a dock that connects a waterfront property owner's lot or lot of record or seawall to a terminus.

ACCESSORY EQUIPMENT. Any piece of equipment, the height of which does not exceed five (5) feet above the height of the slab of the structure to which it is accessory (as defined in Section 151.003), that is constructed, installed or maintained on any lot or lot of record for the purpose or purposes or providing air conditioning, emergency electrical power or swimming pool/spa pumping, filtration or heating.

ACCESSORY USE or BUILDINGS or STRUCTURES. A subordinate use or building or structure incident to and located upon the same lot occupied by the permitted use or principal building or structure. However, a building permit to construct a dock that is accessory to a single-family residence may be issued prior to the issuance of the building permit for the construction of the associated principal single-family residence. No such dock may be enlarged or modified, other than demolished, prior to the issuance of a building permit for the principal residence.

ACOE.Army Corps of Engineers. All applications for docks within the Town must adhere to ACOE regulations and a permit from ACOE is required prior to the issuance of a building permit by the Town.

ACRE. An area or parcel of land containing forty-three thousand five hundred sixty (43,560) square feet.

ALLEY. A facility which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

AWNING. An accessory structure which is attached to another structure, supported by an open framework and is covered by flexible material.

BANK OR FINANCIAL INSTITUTION. Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges and brokers, and other similar uses; excluding check cashing stores.

BASEMENT (CELLAR). That portion of a building the ceiling of which is at or less than four and one-half (4½) feet above grade. For the purpose of this definition, the ceiling of a BASEMENT (CELLAR) shall be considered as the finished floor level of the floor immediately above the BASEMENT. The exterior wall or exterior faces of supporting columns of a BASEMENT of a building shall be set back from all property lines as required for the building.

BASEMENT, SUB-(CELLAR, SUB-). A facility which is located underground and within the projected confines of the outer walls of the main building properly located above ground level except for supplemental parking or underground parking facilities which may be located under required yards if allowed and approved as a Special Exception Use (see Section 151.565).

BATHYMETRIC SURVEY. The measurement and recording of water depth at various places in a body of water as conducted by a properly certified and/or licensed hydrographer through the use of properly calibrated echo-sounding equipment. (Depth measurements taken by "manual" soundings must be accompanied by a sworn affidavit from the hydrographer stating the reason(s) that manual soundings were substituted.)

BEACH HOUSE. A special exception use and building in Zoning Districts R1A and R1B only; having a floor, walls and a roof, which may contain a bathroom, a kitchen and other rooms but which may not have or contain sleeping rooms and which may not be used as a dwelling or rental unit. No BEACH HOUSE may be constructed unless the construction of such BEACH HOUSE is in conjunction with the construction of an associated single family dwelling; or unless a habitable single family dwelling already exists on that portion of the lot lying west of South Ocean Boulevard (State Highway A-1-A). A BEACH HOUSE may not be used by any person for any purpose unless and/or until a Certificate of Occupancy has been issued for an associated single family dwelling, which is located on the same lot or lot of record. Additionally, if the associated single family dwelling becomes uninhabitable, is abandoned or ceases to exist for any reason, whatsoever, any and all use of the subject BEACH HOUSE shall be strictly prohibited unless and/or until a Certificate of Occupancy is issued for a subsequently constructed or rehabilitated single family dwelling. BEACH HOUSES are for the use of the property owner, invited family members and bona fide non-paying guests. Accordingly, a BEACH HOUSE may not be rented or utilized as a guest house under any circumstances, whatsoever. For additional beach house regulations, see Sections 151.053, 151.054, 151.093 and 151.094.

BEACH SHELTER. An accessory (or special exception) use and building not containing a floor, walls or bathroom facilities, located on the beach of the Atlantic Ocean within the Town. Beach Shelters may not exceed a total square footage of five hundred (500) square feet. For additional beach shelter regulations, see specific zoning District regulations pertaining to beach shelters. For additional beach shelter regulations, see the zoning District within which beach shelters are permissible.

BOATHOUSE. A use and building prohibited in all zoning districts of the town. Boathouses are typically located over or adjacent to water designed, used or intended to be used, in whole or in part, to provide a boat or water vessel with overhead cover or protection from the elements.

BOATLIFT. A mechanism for lifting boats, vessels, and other large watercraft from the water, or between water on different elevations, but which hoists the boat, vessel, or watercraft on separate beams or posts and not one (1) single flat surface or platform. The following diagram illustrates a boatlift consisting of separate beams or posts:

Diagram of a Conventional Boatlift

BUILDING. See STRUCTURE.

BUILDING, HEIGHT OF. The vertical distance measured from the grade, as defined in this chapter, to the bottom of the highest top chord of the roof framing member where it intersects the plane of the outside face of the exterior wall for pitched roofs. For flat roofs the measurement is to the point where the ceiling meets the exterior wall. Certain exceptions may be allowed to height regulations—see specific zoning district regulations.

BUILDING LINE or AREA. The line or area beyond which a building or any portion thereof shall not extend, except as expressly allowed herein.

BUILDING, OVERALL HEIGHT OF. Includes the height of building, as defined, plus the vertical distance from the height of building to the highest point of the building's roof system.

CABANA (POOL-HOUSE). An accessory (or special exception) use and building used in connection and associated with outdoor pools, providing enclosed space for showering or changing clothes, minimal indoor congregation space, and only recreational cooking and/or bar facilities, but no sleeping rooms. Cabanas (Pool-Houses) may not exceed a total square footage of five hundred (500) square feet. For additional Cabana (pool house) regulations, see the zoning District within which Cabanas (Pool-Houses) are permissible.

CHILD CARE CENTER. A structure or facility or portion thereof for the care of children or minors on a temporary or part-time basis while separated from their parents or guardians.

CLUB, HEALTH/FITNESS (GYM). A place of business with facilities and equipment for exercising and improving physical fitness that ordinarily requires membership in order to utilize or patronize the facility. Such facilities may include the types of services which are normally and customarily accessory to such principal use.

CLUB, PRIVATE. Buildings and/or facilities, not open or available to the general public, owned and operated by a person, firm, corporation or association of persons for social and/or recreational purposes only for members and their bona fide guests and which may render, as an accessory use, services which are customarily carried on as a business. A PRIVATE CLUB may provide as an accessory use, temporary, not permanent sleeping accommodations for its bonafide members and such member's sponsored guests; such sleeping accommodations shall be conclusively considered permanent if the sole residence of an occupant, or if identified by an occupant as an address on a driver's license, vehicle registration, domicile declaration or voter registration.

COMMERCIAL USE. Use of land or structure(s) thereon, or portion thereof, for the purpose of conducting business including the provision of goods and/or services, not otherwise identified under the definition of other generic uses to the general public or segments thereof. For the purpose of this definition, time-sharing, motel and/or hotel uses and occupancy of residential properties for periods of less than three (3) months more frequently than three (3) times per calendar year shall be considered COMMERCIAL USES.

COMMON OPEN SPACE. That area of a development site which is unencumbered by buildings, other structures, driveways for vehicular access, or automobile parking areas and storage. This area shall include all yard areas as well as those other open land areas located within the planned unit development site.

DEP. Department (State) of Environmental Protection. All applications for docks within the Town must adhere to DEP regulations and a permit from DEP is required prior to the issuance of a building permit by the Town.

DINING ROOM. Any building or part thereof, or any room or part thereof, in which food is dispensed or served for profit or gratis to a restricted and limited clientele consisting of tenants and residents of the same premises and their bona fide guests.

DOCK. An accessory structure either floating and/or built on piling over the water which is designed or used primarily to provide dockage for and access to one (1) or more boats or water vessels. Necessary service such as water and other utilities are considered a part of a DOCK. No cooking, sleeping or business activity or facilities shall be permitted or conducted on a DOCK. However, a building permit to construct a DOCK that is accessory to a single-family residence may be issued prior to the issuance of the building permit for the construction of the associated principal single-family residence. No such DOCK may be enlarged or modified, other than demolished, prior to the issuance of a building permit for the principal residence.

DOLPHIN. A group of piles (or pilings) driven close together and bound together to form a single structure suitable for mooring water borne vessels. A dolphin shall not be larger than or be comprised of more than three (3) sixteen (16) inch diameter piles.

DUNE WALKOVER. An elevated accessory structure, which shall be approved and permitted by the Florida Department of Environmental Protection (DEP), used to traverse the beach dune system. Such structures shall be accessory structures and must be painted or maintained, in a neutral or natural color in order to minimize visual impact and shall be constructed as close to the ground as permitted by DEP. The walkover surface shall not exceed five (5) feet in width and shall not be elevated more than necessary above the surrounding grade to follow the natural undulation of the dune. Railings shall not extend more than four (4) feet above the walkover surface. DUNE WALKOVERS shall be constructed from pressure treated lumber or similar material and may not be covered or enclosed in any manner, whatsoever. DUNE WALKOVERS may be lighted if per-mitted by Florida Department of Environmental Protections (DEP) so long as such lighting cannot be seen from the road right-of-way or the beach. Additionally, any and all lighting shall be installed at deck level, shall be shielded and shall comply with the requirements for dock lighting, as set forth in this chapter and/or as specified by DEP, whichever is more restrictive. Lighting shall not exceed one (1) light per ten (10) linear feet.

DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, campers, mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tents, tourist homes or courts, or the like.

DWELLING UNIT. A room or group of rooms designated and used exclusively as separate living quarters by a single family.

DWELLING, MULTIPLE or MULTI-FAMILY. Commonly known as an apartment house. A building or portion thereof designed as a residence for three (3) or more families living independently of each other, having individual dwelling units with each unit having cooking facilities and containing a living room and one (1) or more bedrooms.

DWELLING, SINGLE-FAMILY. A detached building designed for and used exclusively as living quarters by one (1) family.

DWELLING, TOWNHOUSE. An attached building not over two (2) stories in height which is designed for or occupied exclusively by one (1) individual or family and attached to two (2) or more other buildings of similar design and in which each dwelling unit is separated from adjacent dwelling units by party walls extending vertically from the ground upward through the roof in a manner so that there shall be no inter-connection of or overlapping between any part of individual dwelling unit walls, floors, roofs, basements, or other portions of the building structure and in which each dwelling unit shall have separate and individual sewer, water, and public utilities connections. TOWNHOUSES may or may not be located on land belonging exclusively to the individual dwelling unit owner.

DWELLING, TWO-FAMILY. A building designed for two (2) families living independently of each other.

EMERGENCY SHELTER. Any residence, dwelling, building or other place providing, for a period not to exceed a maximum stay of thirty (30) days per person, room, board, protection, preplacement screening, or counseling for three (3) or more abused children, abused adults, or similar persons not related to the owner of the premises by law, blood, marriage or adoption; provided that such services shall not include intensive treatment or therapy.

ESSENTIAL SERVICES. Public utility or franchise utility facilities, excluding service lines, related to the water, sanitary sewer, storm drainage, solid waste, telephone, cable television, gas, electrical and the like collection or distribution systems serving the Town but not including buildings housing employees; or public safety facilities such as fire and/or police stations or facilities.

FAMILY. An individual, or two (2) or more persons related by legal adoption, blood or marriage, or a group of not more than three (3) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

FIRE PIT. An accessory structure consisting of a pit dug into the ground or made from stones, masonry, firebrick, etc. for keeping a fire used for decoration, lighting, cooking or warmth that shall not exceed eight (8) feet in any horizontal dimension and shall not exceed three (3) feet in height above the surface upon which it is constructed or eight (8) feet above the surrounding grade, whichever is less. FIRE PITS may be fueled by propane or natural gas. Around each FIRE PIT a clear area, no less than ten (10) feet measured in any direction, must be maintained free from vegetation and other items or materials which may pose a safety or fire hazard. All fire pits must comply with all applicable Fire Codes for such use.

FLOOR AREA TOTAL. The sum of the gross horizontal area of all of the floors of a building, except a basement or a subbasement as defined, measured from the exterior faces of exterior walls and/or supporting columns.

FRONTAGE. All of the property on one (1) side of a street or place between two (2) intersecting streets or places measured along the lines of the street or place, or if the street or place is a dead end, then all of the property abutting on one (1) side between an intersecting street or place and the dead end of the street or place.

GARAGE, MULTI-USE. Any accessory structure or portion of a main structure, used exclusively by the residential and/or commercial property owner, guests, customers, tenants and other invitees for the parking of motor vehicles, provided that no portion of the parking garage may be licensed or leased to offsite users. Multi-Use Garages are only permitted as an accessory use in zoning District R-C2 or as part of a PUD.

GARAGE, RESIDENTIAL. A portion of a main structure or a structure accessory thereto providing and used exclusively for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. This definition specifically excludes any accessory structure meeting the definition of "guest house (with or without garage)" as defined in this chapter.

GATE. For purposes of compliance with driveway entry gate regulations in the R1-D, R1-E, R1-F, R3-A, and RC-1 zoning Districts, the following illustrations are representative examples of Code compliant gate styles:

GRADE (ZERO DATUM). The elevation established by the Town for the crown of the nearest street at its highest elevation abutting the property; or the base flood elevation of the subject property expressed in terms of NAVD in accordance with the most current Flood Insurance Rate Map promulgated by the Federal Emergency Management Agency (FEMA), whichever is higher. The grade, as defined above, is further defined as the zero datum for a lot.

GREENSPACE. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, trees, or palms) and nonliving landscape material (such as rocks, pebbles, sand, mulch, or landscaping water features). Swimming pools, spas, pool decks and patios, pedestrian paths, sidewalks, and vehicular use areas and driveways are NOT considered GREENSPACE, regardless of the type of material used in their construction.

GROCERY STORE. A retail shop that primarily sells food. Grocery stores offer non-perishable foods that are packaged in bottles, boxes, and cans; as well as bakeries, butchers, delis, and fresh produce.

GROUP CARE HOME. Any dwelling, building or other place occupied by five (5) or more persons including staff, whether operated for profit or not, which provides, for a period exceeding twenty-four (24) hours, one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, who require such services. Such personal services, in addition to housing and food services, may include but not be limited to personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security and other related services, but not including medical services.

GUEST HOUSE (WITH OR WITHOUT GARAGE). An accessory use and building which may contain a kitchen or cooking facilities, but which may only be used for the occupancy of bona fide, non-paying guests of the owner or owners of the main building or bona fide members of the family or servants and/or the storage of motor vehicles if such facilities are so provided.

HABITABLE SPACE. Space in or on a structure for living, sleeping, eating, cooking or recreation. Bathrooms, toilet compartments, closets, halls, storage rooms, machinery rooms, mechanical equipment rooms, utility space, and similar areas are not considered HABITABLE SPACE.

HEALTH/FITNESS CLUB (GYM). A place that houses exercise equipment for the purpose of physical exercise, and may also offer whole-body wellness regimens such as yoga, saunas and pilates.

HEIGHT. See BUILDING, HEIGHT OF.

HIGHWAY A1A. (OCEAN BOULEVARD). State Highway A1A as the same is designed and laid out by the state within the Town.

HOTEL. A building or structure designed, kept, used, maintained, advertised or held out to the public to be a place where temporary, not permanent, sleeping accommodations are supplied for pay to transient guests and in which ten (10) or more dwelling units without individual cooking facilities are furnished for the accommodation of such guests. Such sleeping accommodations/dwelling units shall be conclusively considered permanent if the sole residence of an occupant, or if identified by an occupant as an address on a driver's license, vehicle registration, domicile declaration or voter registration.

HOUSEBOAT. Any boat, ship or water vessel in Town (1) which is used solely as a residence; or (2) which is represented as or to be a legal residence; or (3) which is used primarily as a residence for a minimum of twenty-one (21) days during any thirty (30) day period and this residential use is to the preclusion of the use of the vessel as a means of transportation; or (4) which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property including, but not limited to, each entity used as a residence or similar facility or entity represented as such. Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a houseboat.

INTENSITY OF USE. The height, number of stories, size and bulk of a building or buildings or the use or uses contained therein or on a lot in relation to the dimensions and character of the lot on which the building or buildings or use or uses are located.

LAKE HOUSE. A special exception use and building in Zoning District R1-A only; having a floor, walls and a roof, which may contain a bathroom, a kitchen and other rooms but which may not have or contain sleeping rooms and which may not be used as a dwelling or rental unit located on the west side of Highway A1A in the R1-A Zoning District of the Town. No LAKE HOUSE may be constructed unless the construction of such LAKE HOUSE is in conjunction with the construction of an associated single family dwelling; or unless a habitable single family dwelling already exists on that portion of the lot lying east of South Ocean Boulevard (State Highway A-1-A). A LAKE HOUSE may not be used by any person for any purpose unless and/or until a Certificate of Occupancy has been issued for an associated single family dwelling, which is located on the same lot or lot of record. Additionally, if the associated single family dwelling becomes uninhabitable, is abandoned or ceases to exist for any reason, whatsoever, any and all use of the subject LAKE HOUSE shall be strictly prohibited unless and/or until a Certificate of Occupancy is issued for a subsequently constructed or rehabilitated single family dwelling. LAKE HOUSES are for the use of the property owner, invited family members and bona fide non-paying guests. Accordingly, a LAKE HOUSE may not be rented or utilized as a guest house under any circumstances, whatsoever. For additional lake house regulations, see Sections 151.052, 151.053 and 151.054.

LAKE SHELTER. An accessory (or special exception) use and building in zoning District R1-A only; not containing a floor, walls or bathroom facilities, located on the west side of Highway A1A. Lake Shelters may not exceed a total square footage of five hundred (500) square feet. For additional lake shelter regulations, see specific zoning District regulations pertaining to lake shelters at Sections 151.052, 151.053 and 151.054.

LANDSCAPING REQUIRED. Required landscaping shall consist of those plantings required by this or any other ordinance, including beautification strips, hedges, trees, planted ground cover, sodded and grassed areas and planted floral installations, all of which must be composed of natural plantings only as distinguished from artificial manufactured planting reproductions.

LOT. A parcel of land occupied or intended for occupancy by a main building together with its accessory buildings; including the open space required under this chapter. For the purpose of this chapter, the word LOT shall be taken to mean any number of contiguous lots, lots of record or portions thereof, all in one ownership (unity of ownership), not separated by a street or public way, upon which one (1) or more main structures for a single use are expected or are to be erected and shall be taken to include the meaning of and words PLOT and TRACT.

LOT OF RECORD. A parcel of land as originally subdivided or subsequently resubdivided and properly recorded as a lot within a subdivision or plat of record among the official records Palm Beach County, Florida.

LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection.

LOT COVERAGE. That percentage of the lot area covered or occupied by the buildings or any part of the buildings.

LOT DEPTH. The depth of a lot is the distance measured in the mean direction of the sidelines of the lot from the midpoint of the front line to the midpoint of the opposite mean rear line of the lot.

LOT, INTERIOR. A lot other than a corner lot having frontage on only one (1) street.

LOT LINES. The lines bounding a lot as established by ownership.

LOT, THROUGH. An interior lot having frontage on two (2) streets, other than a corner lot.

LOT WIDTH. The width of a lot is the distance measured along the front building line between the side lot lines of a lot.

MAIN (PRINCIPAL OR PREDOMINANT) USE AND/OR BUILDING. The MAIN USE is the scheduled permitted use conducted upon a lot; the MAIN BUILDING is the building in which is conducted the main use of the lot on which it is situated.

MARIJUANA. All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. Marijuana includes any strain of cannabis or marijuana, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."

MEDICAL MARIJUANA TREATMENT CENTER. Any facility licensed by the Florida Department of Health to acquire, cultivate, possess, process (including but not limited to development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, store, or administer marijuana, products containing marijuana, related supplies, or educational materials, as authorized by state law. A medical marijuana treatment center may include retail sales or dispensing of marijuana. A facility which provides only retail sales or dispensing of marijuana shall not be classified as a medical marijuana treatment center under this chapter. Also may be referred to as a "medical marijuana treatment facility" or "dispensing organization" or other similar term recognized by state law. Medical marijuana treatment centers are permitted uses confined to the C3 Commercial District.

MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY. A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product, and does not allow on-site consumption of marijuana. A medical marijuana treatment center shall not be construed to be a medical marijuana treatment center dispensing facility. Medical marijuana treatment center dispensing facilities are not permitted anywhere within the boundaries of the Town.

MUNICIPAL STRUCTURES. Municipally owned and/or operated structures used for public purposes such as, but not limited to, administrative offices, recreational buildings, police and/or fire stations, and other public safety facilities.

MUNICIPALLY OWNED or OPERATED. When used, this term refers to the municipality of the Town.

NONCONFORMING BUILDING AND/OR STRUCTURE. A building and/or structure lawfully in existence at the effective date of this chapter that does not conform to the regulations contained in the chapter for the zoning District in which the building and/or structure is situated.

NONCONFORMING USE. A building, lot or parcel of land occupied by a use that does not conform to the regulations of the use District in which it is situated.

OFFICE, BUSINESS OR PROFESSIONAL. An establishment providing executive, management, and professional services to the public, including, but not limited to, the following: advertising services, business offices of private companies, business offices of utility companies, public or nonprofit agencies, trade associations, and employment offices; excluding day labor and labor pool services; professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning, and similar professions; property and financial management, real estate; secretarial and telecommunication services; and travel agencies. This definition does not include offices for the treatment of animals on the premises nor does it include Medical or Dental Offices.

OFFICE, MEDICAL OR DENTAL. A facility providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (who are also known as health care practitioners), or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as others, including, but not limited to, technicians and assistants who are acting under the supervision and control of a licensed health care practitioner.

OFFICE, VETERINARY. A facility providing services to the public for the health care of domestic pets and the temporary boarding of same during the active treatment of acute injury or illness.

OPEN SPACE. That area of a lot which is unencumbered by buildings, other structures, driveways or automobile parking areas, except for garden walls and fences as provided herein.

PARKING LOT, PUBLIC or PRIVATE. An open area or parcel of land used as an accessory use for the storage or parking of motor or other vehicles of transportation or recreation to provide off-street parking, either for profit or gratis, for commercial or residential uses, other than a single-family.

PARKING, REQUIRED. Those parking facilities determined as the minimum facilities necessary to comply with this chapter.

PARKING, SUPPLEMENTAL. Those parking facilities provided as a special exception and which are in addition to required parking.

PERSONAL WATERCRAFT LIFT. A dock accessory structure of a conventional design that generally consists of separate beams or rails supported by pilings, used for lifting personal watercraft from the water, or between water on different elevations, but which hoists the personal watercraft on separate beams or posts and not one (1) single flat surface or platform. See also BOATLIFT.

PETS, DOMESTIC. Shall mean animals, including dogs, cats, fowl, fishes, or reptiles, kept as part of and subordinate to a residential use. Poultry, hoofed animals of any type, predatory animals such as lions, tigers, bears, ocelots, pumas, and the like, or any animal which is normally raised to provide food for people shall not be considered to be household pets.

PIER, FISHING. An accessory use and structure built on pilings over water, no part of which is used for any boat or watercraft or for dockage and which is designed and used primarily to provide a terminus for fishing and for no other recreational use. No cooking, sleeping, business activity or facilities or other use shall be permitted or conducted on a fishing pier.

PILE(S)/PILING(S). A wood, metal or concrete pole driven into the bottom of a body of water to which vessels may be moored or used to support a pier.

PLACE OF ASSEMBLY. A building, portion of a building or other site in or at which facilities are provided for civic, fraternal, educational, political, religious, cultural or social purposes.

PLATFORM. An accessory structure to a dock that is appended to the dock's edge, and which provides an additional single flat surface to a dock, and which shall only be used for storage of personal watercraft. The following diagram illustrates a dock structure containing a single flat surface or platform:

Diagram of a Platform

POOL-HOUSE. See CABANA.

RECREATIONAL COOKING. Cooking facilities on a scale smaller than that found in a full kitchen; not intended to accommodate full kitchen service, but only to facilitate limited refrigeration and limited food preparation via microwave ovens or other small countertop appliances.

RESIDENTIAL USE. Use of land or structure(s) thereon, or portion thereof, for residential occupancy of a permanent or semi-permanent nature with an intended occupancy period, by any one (1) individual or family, with or without bona fide non-paying guests, of not less than three (3) months; except that residential uses or structures may be occupied by any one (1) individual or family for periods of less than three (3) months not more frequently than three (3) times per calendar year; and except that this definition does not include occupancy of a transient nature such as in hotel, motel, or time-sharing uses.

RESTAURANT. Every building or part thereof and all accessory buildings used in connection therewith or any place or location, kept, used, or maintained as, advertised as, or held out to the public to be a place where meals or foodstuffs are prepared and/or served, either gratuitously or for profits to the general public.

RETAINING WALL. A wall used for supporting soil laterally so that soil can be retained at different levels on the wall's backside and front, for the primary purposes of flood and erosion protection. The terms "new construction" and "substantial improvement" as used throughout the zoning code for retaining walls shall be defined in accordance with the Town's Floodplain Management Ordinance or with National Flood Insurance Program (NFIP) guidance as promulgated by the Federal Emergency Management Agency (FEMA), whichever is most current.

RIGHT-OF-WAY LINE. See STREET LINE.

SCHOOL, ACADEMIC. A structure or structures, or portions thereof, used for instructing one (1) or more persons, either children or adults, in either general or specialized education and including accessory uses such as administrative offices, physical education facilities and group housing facilities for student or staff, provided, however, that instruction received by children or adults in their place of residence shall not constitute a school.

SCHOOL, PROFESSIONAL OR STUDIO TYPE. A structure or structures, or portion thereof, designed and used for the business of instructing one (1) or more persons, either children or adults, in a specialized subject such as voice, language, dancing or modeling.

SERVICE STATION. A building or lot where goods and services generally required in the normal operation and maintenance of motor vehicles are sold or performed; body work or painting may not be rendered. Motor vehicles may be washed and/or waxed manually but not by machine.

SETBACK. The horizontal distance between the furthest horizontal projections of buildings or between the furthest horizontal projection of a building and a street or alley or between the furthest horizontal projection of a building and the lot lines on which it is located, as appropriate.

SITE SCREENED FROM PRIVATE VIEW. Site screened from private view shall mean and include screening by permanent and maintained landscaping, garden walls, buildings and/or structures, or any combination of them, so as not to be visible from any other lot or lot of record including its existing development or development which may be established in accordance with development regulations then existing.

SITE SCREENED FROM PUBLIC VIEW. Site screened from public view shall mean and include screening by permanent and maintained landscaping, garden walls, buildings and/or structures, or any combination of them, so as not to be visible from any existing finished ground, vehicle or pedestrian level of any street, road alley, or public property.

SPECIAL EXCEPTION. A use which may be allowed within a zoning District subject to the provisions and the procedures of this chapter applicable thereto.

STATUE and/or SCULPTURE. An object which is fashioned, shaped and formed by hand or machine into a work of art, including but not limited to contemporary, modern, classical and/or abstract design, and that may or may not be a likeness of a person or thing.

STORY. That portion of a building included between the surface of any floor area and the surface of the next floor above, or if there be no floor above, then the space between such floor and the ceiling next above. In computing the height of a building, a basement shall be considered to be one-half (½) story and a sub-basement shall not be considered to be a story.

STREET. A facility, either public or private, which affords the primary access to abutting property and is intended for general traffic circulation. A STREET includes the entire area between street lines (right-of-way lines).

STREET LINE (Right-of-way line). The line between the street as laid out and abutting property.

STRUCTURE (Building). Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having permanent location on the land. This definition includes free standing flag poles, flag staffs, and/or other devices, whether set in sand, concrete or other substance, whose customary intended purpose is to fly, hang or display flags. This definition specifically excludes flag poles or flag staffs less than eight (8) feet in length that are mounted to a vertical exterior wall of a principal structure or accessory building. See subsection 151.561(F) for flag pole regulations.

STRUCTURE, PRINCIPAL. A main and foremost building or structure located on a lot or lot of record and in which is conducted the main and foremost use of the lot on which the building or structure is situated.

STRUCTURAL ALTERATIONS. Any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the rearrangement of any interior partitions affecting more than fifty (50) percent of the floor area of the building.

TERMINUS. The part of a dock or pier, including dock or pier fingers, that is connected to and generally wider than the access walkway, and which designed to secure and load or unload a vessel or conduct other water dependent activities.

TERMINAL PLATFORM. See TERMINUS.

TIME-SHARING. The use of a dwelling unit under which the exclusive right of use or occupancy of the unit circulates among various occupants in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule.

TOBACCONIST. A retail use that primarily sells cigars and pipe tobacco. A Tobacconist may also sell cigar and tobacco accessories such as humidors, lighters and pipes. A tobacconist may also sell cigarettes. A tobacconist is not a vape shop and may not sell e-cigarettes and/or vapor generating electronic devices and/or accessories used for vaping.

TOWN. The Town of Manalapan, Palm Beach County, Florida.

USE, PRINCIPAL. A main and foremost use of improved or unimproved property, the use established on the property and which may be within or without any building or buildings on the property.

VACANT LAND. Any lot or parcel of land which is completely open, has no actual use associated with or upon it and is not utilized as the required yard areas for any adjoining uses.

VAPE SHOP. A store that sells and/or advertises the sale of e-cigarettes and/or vapor generating electronic devices and/or accessories used for vaping.

VAPING. The act of inhaling or exhaling vapor produced by a vapor generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance.

VAPOR GENERATING ELECTRONIC DEVICE. Any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance, including, but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of a solution or other substance intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.

VARIANCE. A modification from the literal interpretation of the provisions, other than those provisions relating to use requirements, subject to the procedures governing variances as established by the Town.

WATERWAY/CHANNEL (NAVIGABLE). An expanse or strait of water having a depth at mean low water (MLW) no less than four and one half (4½) feet across the entire width of said expanse or strait, measured from seawall to seawall, shore to shore, or as bounded by the four and one half (4½) foot depth limits from one (1) side of such expanse or strait to the other, whichever is greater.

YARD. An open space on the same lot with a building or buildings, the space unoccupied or unobstructed by structures from the ground level upward, except by trees or shrubbery or as otherwise provided herein. The term YARD may also apply to that area of the lot required to remain in open space by percentage of lot coverage regulations contained in this chapter in addition to the required front, required side or required rear yard open spaces.

YARD, FRONT. A yard across the full width of the lot, extending from the front building line to the front street line of the lot.

YARD, SIDE. An open unoccupied space on the same lot with a building between the building line and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard is required.

YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building. In the case of corner lots, the REAR YARD shall be the yard opposite the front street line of the lot.

ZERO DATUM. See GRADE.

('81 Code, § 2.10) (Ord. 97, passed 4-26-76; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 148, passed 5-26-87; Am. Ord. 173, passed 5-23-95; Am. Ord. 182, passed 11-17-98; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 229, passed 6-22-04; Am. Ord. 230, passed 6-22-04; Am. Ord. 237, passed 12-13-04; Am. Ord. 247, passed 5-24-05; Am. Ord. 268, passed 2-27-07; Am. Ord. 286, passed 5-26-09; Am. Ord. 294, passed 8-4-10; Am. Ord. 329, passed 2-24-15; Am. Ord. 344, passed 2-23-16; Am. Ord. 356, passed 9-26-17; Am. Ord. 366, passed 4-23-19; Am. Ord. 367, passed 6-20-19; Am. Ord. 368, passed 9-24-19; Am. Ord. 370, passed 7-28-20; Am. Ord. 376, passed 5-25-21; Am. Ord. 378, passed 7-23-21; Am. Ord. 380, passed 10-12-21; Am. Am. Ord. 385, passed 4-26-22)