For the purpose of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:

The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word shall is mandatory, the word may is permissive.

The words used or occupied include the words intended, designed, or arranged to be used or occupied.

The word land includes the word water unless the context clearly requires otherwise.

The word lot includes the words plot, parcel, or tract.

The word structure includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

The words time share dwelling unit and plan shall be as now or hereafter defined in Definitions of Section 718.103(19) and (20) and Section 721.05(1), (7), (14) and (15), Florida Statutes.

For definitions related to docks, marinas and water-dependent facilities, refer to chapter 82, waterways, and section 82-50, definitions.

(Ord. No. O-12-18, § 1, 1-28-19)

A use, building or structure, or part of a building or structure which:

(1)

Is subordinate to and serves the primary building or structure or primary use;

(2)

Is subordinate in area, extent, or purpose to the primary building or structure or primary use served;

(3)

Contributes to the comfort, convenience, or necessity of occupants of the primary building or primary use; and

(4)

Is located on the same zoning lot/building site as the primary building or structure or primary use served, with the exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.

(Ord. No. O-07-00, § 1, 10-16-00; Ord. No. O-12-18, § 1, 1-28-19)

For the purpose of calculating the number of dwelling units permitted on a given parcel of land, an acre shall be deemed to contain 43,560 square feet.

An alley is a roadway which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.

An awning is a device for providing shade, may be either temporary or permanent, is attached to the principal building, is supported by an open framework, and is covered by cloth or other approved material.

a.

See Dwelling, multiple.

b.

Efficiency apartment, a dwelling unit consisting of one (1) room, other than a bathroom, providing cooking facilities.

A boarding house and/or rooming house is a building used to provide lodging for compensation, whether or not meals are offered or served therein, where the building or any part of the building is occupied or is intended by the landlord to be occupied by more guests, customers or clients that the building or part of the building is designed for and/or permitted to contain, whether or not by means of providing artificially divided areas or sections or individual beds within such building or part of the building, or by providing sleeping quarters in rooms that were not designed as or meant to be used as rooms for sleeping (bedrooms). Any building that exceeds the maximum permitted occupancy requirements provided in the Town's Code of Ordinances or any other code adopted by the Town of Palm Beach Shores shall be presumed to be a Rooming/Boarding house and in violation of any applicable code that prohibits same. The term "building" is meant to include, but not be limited to single-family structures, hotels and motels, apartments, condominiums and other multi-family structures.

(Ord. No. O-9-06, § 2, 3-19-07)

A building is any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the function of a building but does not include screened enclosures not having a roof impervious to weather.

The front building line, rear building line, side building lines, and outer side building line shall be the lines adjacent to and parallel to the lot or plot lines similarly designated. The building lines shall demark the front, rear, and side setbacks from the plot lines.

A building site is that lot or parcel of land occupied or intended for occupancy by a building or buildings, and the surrounding yards, which boundaries are established by ownership.

In Zoning District A, the height of a building is the vertical distance measured from the finished first floor elevation to the highest point of the structure, provided certain roof structures, as set out in the regulations for Zoning District A may exceed the height limit. In all other zoning districts, the height of a building is the vertical distance measured from the building grade elevation to the highest point of the roof, provided certain roof structures, as set out in the regulations for particular zoning districts may exceed the height limit.

(Ord. No. 205, § 1, 3-12-84; Ord. No. 218, § 1, 12-9-85; Ord. No. O-1-05, § 1, 6-20-05; Ord. No. O-6-08, § 1, 8-18-08; Ord. No. O-14-08, §§ 1, 2, 1-26-09; Ord. No. O-15-19, § 1, 6-17-19)

For the purpose of this Zoning Code, private club shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit, and to which there is no unrestricted public access or use. The term private club shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

A working chimney is a structure or part of a structure erected in or on a building, containing a flue or flues and extending above the roof to convey smoke and other volatile matter from a stove, hearth or fireplace where fuel is burned.

(Ord. No. O-1-05, § 1, 6-20-05)

Coverage of a lot by buildings is that percentage of lot area that is or may be covered or occupied by buildings, including accessory buildings and garages, under this Zoning Code. For the purposes of calculation, coverage of a lot by buildings includes the area lying within the building perimeter established by the exterior side of the exterior walls of all floors of the building, and also includes balconies which project beyond the exterior side of the exterior walls of all floors of the building; any of which, if projected downward vertically, would touch the ground; subject to district specific calculation requirements as set forth within individual zoning district regulations in the Town Zoning Ordinance.

(See also the definition of "Floor area total" at Pf. 2.23.)

(a)

Examples. The following exemplify the measurement of specific floor layouts or areas which shall be considered as lot coverage under this definition, subject to district specific calculation requirements as set forth within individual zoning district regulations in the Town Zoning Ordinance. These examples are not intended to set forth the only area measurements which may be included pursuant to the definition hereinabove:

(1)

A paved exterior entrance on the first floor with a covered roof, such as a front porch;

(2)

An exterior entrance directly below and covered by a second floor interior space;

(3)

An area of an upper floor or balcony cantilevered beyond the vertical face of an exterior wall of the first floor; and

(4)

An "enclosed courtyard" area.

(See Pf. 2.20.1. for definition of "enclosed courtyard.")

(b)

Recreation area. The recreation area delineated on the Official Zoning Map for zoning District D shall not be included in the calculation of lot area in determining the permissible maximum percentage of lot coverage pursuant to the above-referenced definition.

(Ord. No. O-02-04, § 1, 5-24-04; Ord. No. O-1-05, § 1, 6-20-05)

A dwelling generally is to be considered as any building or part thereof designed exclusively for residential occupancy and having cooking and sanitary facilities; provided this definition shall not include hotels, motels, motor lodges, boarding or rooming houses, or mobile homes or trailers. A dwelling unit is a room or rooms connected together constituting a separate, independent housekeeping establishment for a single family, for owner occupancy, or for rental or lease to a single family and physically separated from other dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen; provided, this definition shall not include units in hotels, motels, motor lodges, boarding or rooming houses, or mobile homes or trailers.

(Ord. No. O-9-10, § 1, 11-15-10)

A single-family dwelling is a detached building designed for occupancy by one family and containing only one dwelling unit.

A duplex or two-family dwelling is a detached building designed for occupancy by two (2) families living independently of each other and containing only two (2) dwelling units.

A multiple-family dwelling is a building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and containing three (3) or more dwelling units.

For purposes of determining whether a lot is in multiple-family use, or whether multiple-family structures may be erected thereon, the following considerations shall apply:

a.

Multiple-family dwelling use may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.

b.

Any multiple-dwellings in which units are available for rental to transient guests for periods of less than one week shall be considered as a hotel or motel as the case may be.

Any strip of land or portion of a lot created by a subdivider or granted by the owner for essential services such as specified or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner subject to the right of use designated in the reservation of the servitude.

Erection of permanent structures on easements for public utilities is generally prohibited. In determining easement use, "permanent structure" shall mean and include buildings and shall include poured concrete walkways, permanent paving systems and/or any similar objects which would prevent or interfere with the free right or opportunity to use or make use of essential services, but shall not include movable/temporary paving systems such as paver stones, unit paving, etc. and/or hedges, fences, or walls conforming to all regulations set forth at Pf. 9.2 Limitations at Appendix A of the Town's Zoning Ordinance.

(Ord. No. 0-01-99, § 1, 2-15-99)

An enclosed courtyard is an area of a lot not occupied by buildings, structures or covered by roofing, but which is substantially surrounded on its sides by vertical walls or other enclosure structures, including doors, greater than six (6) feet in height.

(Ord. No. O-02-04, § 1, 5-24-04)

Essential services are public utility facilities related to water, gas, electric, garbage pick-up, sanitary sewer, storm drainage, and solid waste collection systems serving the Town or public safety facilities such as fire and/or police stations.

A family is one (1) or more persons who are either related or unrelated by blood, marriage or adoption; and who also occupy a single dwelling unit and have chosen to reside as a member of an independent residence. Each "family" as defined herein is subject in all instances to the occupancy restrictions of article IX of the Town's Building Code set forth at chapter 14. The term "family" does not include the occupants of a "hotel," "motel," or any other living arrangements within a building or facility which is being utilized for the transient occupancy of its inhabitants or the occupants of a vacation rental registered and operated in accordance with sections 18-52—18-58 of the Town Code.

(Ord. No. O-9-10, § 2, 11-15-10; Ord. No. O-1-24, § 1, 4-22-24)

Any artificially constructed barrier of any material or combination of materials constructed along the full length of any or all property line(s), or within the property for the purpose of protection or confinement or as a boundary or for the purpose of blocking part of the property from view or access. Hedges, plants, shrubs or foliage shall not constitute a fence under this definition. Any such barrier made of concrete block, masonry or similar material is considered to be a wall: see definition Pf. 2.37.1 below.

(Ord. No. O-2-18, § 1, 8-20-18)

An open mesh fence made entirely of wire woven in squares with vertical supports.

(Ord. No. O-2-18, § 1, 8-20-18)

A fence constructed of vertical wood strips or material similar in appearance.

(Ord. No. O-2-18, § 1, 8-20-18)

Floor area total is the sum of the gross horizontal area of all of the floor areas of a building including enclosed courtyards, accessory buildings and garages and shall be measured from the exterior side of the finished exterior walls and/or supporting columns unless specific measurement criteria is otherwise provided for at the various specific district regulations in this zoning ordinance. Open areas in the upper floors designated for enclosed courtyards, elevator shafts, atria, and stairwells shall also be as considered as floor area for the purposes of making this calculation for the upper floors, unless specific measurement criteria are otherwise provided for at various specific district regulations in this zoning ordinance.

(Ord. No. O-02-04, § 1, 5-24-04; Ord. No. O-17-07, § 1, 9-17-07)

The shortest property line adjacent to a public street; it is also the front property line.

A private garage is an accessory structure used by the occupants of the principal building for the storage of automotive vehicles. A private garage attached to or a part of the principal building is to be considered a part of the principal building; a detached private garage is to be considered an accessory building. Private garages are permitted in any zoning district. No business, occupation, or service for profit may be conducted in any private garage.

Dwelling units (multiple family, duplex, time share, etc.) or commercial structures of any kind, whatsoever, including, but not limited to, motels and hotels, used to provide a living environment for seven (7) or more unrelated persons living together as a family unit or its functional equivalent shall be deemed "group home facilities or group homes." Group homes shall include but are not limited to community residential homes, convalescent homes, halfway houses, nursing homes, assisted living facilities, rehabilitation centers or residences and shall specifically include any facility, including motels, hotels and apartment houses, utilized to provide living quarters for a group of seven (7) or more unrelated persons affiliated with off-site treatment facilities.

(Ord. No. 0-07-99, § 1, 5-17-99; Ord. No. O-1-05, § 1, 6-20-05)

Hedge Any growth of vegetation which forms or is cut to form a continuous unbroken, solid visual screen or barrier. Certain hedge material may be allowed to grow into a tree (i.e., ficus, hibiscus, etc.); however, when any plant material is shaped or formed into a continuous unbroken, solid, visual screen or barrier, it shall be deemed a hedge.

(Ord. No. 0-12-97, § 1, 10-20-97)

A hotel is a building or other structure kept, used, maintained, advertised as, or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants; in which twenty-five (25) or more rooms are furnished for the accommodation of such guests; and having or not having one or more dining rooms, restaurants, or cafes where meals or lunches are served to such transient or permanent guests; with sleeping accommodations and dining rooms, restaurants or cafes, if existing, being located in the same building or buildings. (See also, Motel.)

Editor's note— Pf. 2.28, Hotel or motel room, was repealed by § 1 of Ord. No. 266, adopted Dec. 11, 1989.

A lot or lot of record is a parcel of land as originally, or subsequently subdivided, recorded, and numbered as a lot in County records, and the dimensions and location of which is shown on the Official Town map. Such lot shall have frontage on a public street.

A corner lot is a lot having its front lot line abutting one street and one side lot line abutting another street.

Lot depth is the depth of a lot as the distance is measured in the mean direction of the sidelines of the lot from the midpoint of the front lot line to the midpoint of the rear lot line.

The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

An interior lot is a lot having only the front lot line abutting a street.

Lot lines are the lines bounding a lot as shown on the Town map. The building site is represented by the lines bounding a lot, as established by ownership. The front lot line is the line separating the lot from the Town property on both sides of all streets. The side lot line is that line separating one lot from another lot. The outer side lot line is the line separating a lot from the Town property on corner lots and is essentially at right angles to the front lot line. The rear lot line is the line separating two (2) abutting lots, being more or less parallel to the front line. The rear lot line is also that line bounding the limits of lots at the bulkhead on Lake Drive lots and at the U.S. Government easement on Inlet Way lots. The line on the Official Zoning Map designating the easterly limit of the usable building site area for those lots bordering on the Atlantic Ocean is described on the map as the rear building site line; this line is not a property boundary line but is a designated line chosen to determine the building site area in the same manner as a rear lot line in other zoning districts.

Editor's note— Ord. No. O-12-18, § 1, adopted Jan. 28, 2019, repealed § Pf. 2.34, which pertained to marina and derived from the original Code.

A motel is a building or buildings having less than twenty-five (25) guest rooms which is used, maintained and advertised as having sleeping accommodations to rent for transient guests and having off-street automobile parking spaces adjacent to such accommodations. (See also, Hotel.)

An activity or combination of activities of chief importance on the zoning lot/building site. The main purposes for which the land or structures are intended, designed or ordinarily used. A zoning lot may have more than one (1) primary use. See also accessory use or structure.

(Ord. No. O-12-18, § 1, 1-28-19)

The street line is the line demarking the separation of the paved streets from the abutting Town property on both sides of all streets.

A structural alteration is any change in a structure such as supporting members, bearing walls, columns, beams, or girders.

A vertical structure made of concrete block, masonry or other similar material which may or may not have a foundation and may or may not be stuccoed and painted and which forms a physical barrier.

(Ord. No. O-2-18, § 1, 8-20-18)

A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the ground level of the graded lot upward; provided, however, that fences, walls, hedges, other shrubbery, and pool screen enclosures not having a roof impervious to weather may be allowed so long as they are constructed or placed in accordance with Pf. 9.2. Limitations, or Pf. 12.3. Swimming Pool, Pool Equipment and Pool Screen Enclosure Installation, of this Zoning Ordinance. Other permanent yard accessories, ornaments, statuary, barbeques and lawn furniture may be permitted within the yard so long as such accessories are not placed within three feet of the edge of any pavement, otherwise meet the requirements of the Town Zoning Ordinance and so long as they do not exceed twenty (20) percent of the required yard coverage, except that pool screen enclosures may exceed this percentage of the required yard coverage when necessary to fully cover a pool and decking installed in conformance with Pf. 12.3. Swimming Pool, Pool Equipment and Pool Screen Enclosure Installation.

(Ord. No. 205, § 1, 3-12-84; Ord. No. 336, § 1, 10-21-96; Ord. No. O-02-03, § 1, 9-15-03; Ord. No. O-2-10, § 1, 8-16-10)

A yard extending across the full width of the plot and extending from the front lot line to the front building line.

A yard extending the full width of the plot and extending from the rear lot line to the rear building line.

A yard extending from the front building line to the rear building line and from the side lot line (or outer side lot line) to the side building line on both sides of the building site.

(Ord. No. 185, § 1, 6-14-82; Ord. No. 201, § 1, 8-8-83; Ord. No. 0-08-97, § 1, 6-16-97)