This chapter shall be construed liberally to effectuate its purposes. The following rules of construction apply to the text of this chapter except when the context clearly requires otherwise:

(a)

The particular shall control the general.

(b)

In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.

(c)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)

A "building" or "structure" includes any part thereof.

(f)

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

(g)

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(h)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either… or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3)

"Either…or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(i)

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 220, § 200.1, 5-20-86)

[When used in this chapter, the following terms or conjugations and variations thereof shall have the meanings herein described to them.]

Abandonment. The cessation or discontinuance of use or activity for a period of six (6) months excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

Access. Means of ingress and egress to a property.

Accessory structure. A subordinate structure detached from but located on the same lot as the principal structure which is accessory to that of the principal structure. Accessory structure shall not mean or include the permanent installation of the following prohibited structures which are listed for emphasis and clarity:

(1)

Storage containers, shipping or cargo containers, portable on-demand storage (PODS) containers, or any other container that can be delivered to or picked up from the site by a motorized vehicle (or trailer attached to a motorized vehicle), regardless of whether said container is tied down, placed on a poured slab, includes interior electrical or plumbing, or which is physically modified to have a sloped roof. These structures may only be used temporarily for certain purposes, provided permitting is received in accordance with section 26-57 of the Village Code.

Accessory use. A use subordinate to, and on the same lot as, a principal use.

Administrative official. The village manager, or a designee authorized to enforce, interpret or administer the regulations of this chapter.

Adult day care center. A facility that provides, for less than twenty-four (24) hours per day, care services to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to, providing a protective and non-institutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On-site supportive and optional services provided at an adult day care center may include, but are not limited to, speech, occupational, and physical therapy; legal consultation, consumer education; and referrals for follow-up services. Overnight stay or overnight care is not permitted. Adult day care centers shall be licensed, constructed and operated in conformance with all applicable local, state and federal laws including, but not limited to, F.S. chs. 400, 408 and 429. Hours of operation shall be between 7:00 a.m. and 7:00 p.m.

Alteration. Any change, addition or modification in construction or occupancy of an existing structure.

Amenities. Recreational or aesthetic features of a development.

Amusement arcade. A place of business having at least ten (10) or more amusement games or machines which operate by means of the insertion of a coin, paper money, token, or similar object and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, specifically excluding cash and alcoholic beverages, provided that the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed seventy-five cents ($0.75) on any game played including, but not limited to, pinball machines, video games, or other similar player-operated amusement devices for public use. This definition shall not be construed to include the use or possession of video poker games or other game or machine that can be construed as a gambling device under Florida law. Furthermore, the use or operation of slot machines or other gambling devices as defined in F.S. § 849.16, is strictly prohibited in the village.

Animal hospital or veterinarian's clinic. A facility established to provide examination, diagnostic, health maintenance services and/or boarding services for household animals. This facility may not be used solely for the boarding of animals.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission of reception of electromagnetic waves external to or attached to the exterior of any building. See chapter 19.5 for regulation of satellite dish-type antennae.

Applicant. The owner of record, the agent pursuant to an agent's agreement acceptable to the village attorney of the mortgagor in the case of bankruptcy. For the purposes of adequate public school facilities, applicant shall mean approved agent or contract purchaser seeking a site-specific development order or any amendment thereto.

Aquifer. A geological unit in which porous and permeable conditions exist and thus are capable of yielding usable amounts of water.

Aquifer recharge area. An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.

Assisted living facility (ALF). A system of housing consisting of private, semi-private, or group dwelling units for adults fifty-five (55) years and older. An ALF is designed to provide a variety of assistance for those individuals who are not sufficiently incapacitated to require skilled or full-time nursing care. An ALF will provide a congregate dining facility for residents; offer assistance with daily activities of living on an as-needed basis (i.e., bathing, dressing, eating, and walking); offer assistance in taking medications; arrange for health care services; provide health monitoring; and provide access to exercise equipment and amenities like pools, spas and clubhouses.

Automotive and/or watercraft repair and/or service. An establishment which provides the repair of automobiles, trucks, motorcycles, water craft and similar vehicles, including complete engine overhaul and/or replacement of internal parts of engines. Also included is the repair of any portion of the drive mechanism, body and/or fender work, painting and customizing.

Automotive service station. Premises used primarily for retail sale of gasoline or other motor fuels with or without accessory uses such as: the sale of lubricants, accessories or supplies; the lubrication of motor vehicles; the repair of motor vehicles; or the sale of convenience or impulse purchase items. Mechanical repairs are allowed only within a completely enclosed structure.

Bar and/or cocktail lounge. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and from which minors are excluded. Bars and/or cocktail lounges may have live entertainment only by special exception in the CG and MXS zoning districts. This term shall not include bona-fide restaurants or nightclubs. (See definitions for restaurant, and nightclub.)

Bedroom. A room primarily designed and used for sleeping purposes.

Birthing center. A publicly or privately owned facility, place or institution constructed, renovated, leased or otherwise established where non-emergency births are planned to occur away from the mother's usual residence following a documented period of prenatal care for a normal uncomplicated pregnancy which has been determined to be low risk through a formal risk scoring examination. Care provided in a birthing center shall be provided by a licensed physician or certified nurse midwife, or a licensed midwife. Services provided in a birthing center shall be limited in the following manner:

(a)

Surgical services shall be limited to those normally performed during uncomplicated childbirth, such as episiotomy and repair, and shall not include operative obstetrics or caesarean sections;

(b)

Labor shall not be inhibited, stimulated or augmented with chemical agents during the first or second stage of labor;

(c)

Systemic analgesia may be administered and local anesthesia for pudendal block and episiotomy repair may be performed. General and conducted anesthesia shall not be administered at birthing centers;

(d)

Patients shall not remain in the facility in excess of twenty-four (24) hours; and

(e)

Hospitals are excluded from the definition of a birthing center.

Brewery. A duly-licensed establishment primarily engaged in the production of beer and other fermented malt beverages for sale on premises and in packages for later consumption of premises via retail carryout, or through distribution and may include accessory uses such as a tasting room, retail area, demonstration area, education and training facilities, and other uses incidental to the brewing business that may be open and accessible to the public. A brewery may also, in conjunction with the sale of beer for consumption on the premises, sell wine by the glass or carafe for consumption on the premises.

Brewpub. An establishment where food, beer and malt beverages are duly-licensed to be made and sold on the premises and where fifty (50) percent or more of the beer produced on site is sold and/or consumed on site. A brewpub may also, in conjunction with the sale of beer for consumption on the premises, sell wine by the glass or carafe for consumption on the premises.

Building area. The portion of a lot remaining after the required yard setbacks have been met.

Building. Structure for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything having a permanent location on the ground. Signs are regulated by chapter 20.

Building line. The closest point of construction to the property line.

Building height. The vertical distance measured in feet from the average finished grade of all exterior corners of the building to the bottom of the bottom chord of the roof framing member where it intersects the plane of the outside face of the exterior wall for pitched roofs; and for flat roofs the measurement is to the top of the roof decking.

Building height—Maximum. The maximum building height shall be measured from a point as determined for the building height, as defined herein, plus the vertical distance from that building height point to the highest point of the building's roof system. The maximum building height shall mean the maximum allowable building height set forth in the zoning code for the applicable zoning district subject to the following general exceptions:

(a)

The maximum allowable building height of a pitched roof building, or part of a building covered by a pitched roof, shall be the allowable maximum building height as set forth in the applicable zoning district plus forty (40) percent of that height as measured in a vertical distance from the building height point to the highest point of the building's roof system;

(b)

Parapet walls may extend above the maximum allowable building height for the applicable zoning district for flat roofs by five (5) feet subject also to subsection 26-73(c)(9); and

(c)

Restroom structures, pool decks, rooftop amenities, and other surfaces for recreational activities subject to section 26-95(4)(b)4.

(d)

Structures for the housing of elevators, stairways, skylights, or similar facilities, vertical radio antennae, television reception antennae except dish type, church steeples, and chimneys may be erected no more than forty (40) percent above the measured building height of the building on which such structures are located except that all such structures, equipment and facilities located upon the roof area shall not cover in the aggregate a roof area greater than ten (10) percent of the ground floor area of such building or structure and shall be subject also to subsection 26-73(c)(9).

Building, principal. A building in which the primary allowed use on the property is conducted.

Building setback line. The minimum allowable distance between the property line and the face of a structure. (See Yard.)

Build-to-zone. Within the MXS district, the build-to-zone is parallel to the street frontage and is measured from the edge of pavement on the applicable street. A portion of a building's facade that faces that frontage must be placed within the specified build-to-zone as depicted in figures 1 and 2 of section 26-95.

Capacity projects. For the purposes of adequate public school facilities, new school construction, or any project that adds necessary improvements to accommodate additional permanent student stations or core facilities needed for the educational program of each type of school based on the requirements of state requirements for educational facilities.

Car wash (automatic or self-service). A facility for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and which may employ some hand labor.

Carport. A structure with roof which is open on one (1) or more sides for the storage of one (1) or more vehicles.

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes.

Child day care center. A building or structure, other than a residence, where care, protection and supervision for children age twelve (12) and under are provided on a regular schedule.

Certificate of occupancy. A document issued by the building official indicating that a building or structure legally complies with the village's adopted building codes and granting authority to occupy said building or structure.

Certificate of substantial completion. A document that may be issued by the building official upon satisfactory completion of a building, structural, electrical, gas, mechanical or plumbing system. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as a shell building, prior to the issuance of a certificate of occupancy.

Church or place of religious worship. A building in which people regularly congregate to participate in or hold religious services of any denomination, related meetings and other activities.

Clinic. A facility providing health care services to the public who are not admitted overnight by physicians, dentists, chiropractors, surgeons, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (all of whom are known herein as health care practitioners), or others who are duly licensed and recognized 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. The uses of "office, medical/dental" and "office, business or professional ie., dentists, physicians" are also considered as a "clinic" pursuant to this definition and for the purpose of being subject to further regulations for "clinics" as set forth at section 26-71.

Code. The Royal Palm Beach Code of Ordinances.

Common property line. The divisional boundary of one (1) lot from another.

Community residential home. See definition Chapter 419, F.S.

Comprehensive plan. The official public document adopted by the Village Council of Royal Palm Beach, pursuant to Chapter 163, F.S., as a guide to present and future land use decisions.

Concurrency service area (CSA). The specific geographic unit within a school district in which school concurrency is applied and measured.

Concurrency service area level of service standards. The maximum acceptable percentage of school utilization, as identified in the school concurrency agreement, determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school.

Consistency. For the purposes of adequate public school facilities, the condition of not being in conflict with and in furtherance of the goals, objectives, and policies of the comprehensive plan and the school concurrency agreement.

Continuing care facility (CCF). A facility for adults fifty-five (55) years and older which may offer a combination of independent living, assisted living, and memory care for the purpose of promoting an aging in place concept where individuals can move from one facility to another depending on their personal care needs without having to relocate.

Convenience store. A retail establishment five thousand (5,000) square feet or less in size offering for sale prepackaged food products, household items and other goods commonly associated with the same.

Core facilities. For the purposes of adequate public school facilities, the media center, cafeteria, toilet facilities, and circulation space of an education plant.

Department. The department charged with the administration of planning and zoning for the Village of Royal Palm Beach.

Development. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development order. Any order granting, denying, or granting with conditions an application for development permit as defined in section 163.3164(7), Florida Statutes.

Director. The official charged with the administration of the department and these regulations.

Drive-through restaurant. A facility equipped to sell food and beverages to patrons in automobiles for take out who place orders through a window or remote transmission device. See definition of Restaurant for more detail.

Dwelling unit. One (1) or more rooms physically arranged so as to create an independent housekeeping residence for occupancy by one (1) family only, as such term is defined hereinbelow. Such unit must have separate toilet(s) and sleeping facilities and is allowed only one (1) kitchen facility per unit. All dwelling units, regardless of the nature or composition of the family's occupants, are subject to the maximum occupancy restrictions set forth at section 26-64. See also definition of "dwelling unit" at section 6-187.

(a)

Dwelling, single-family, detached. A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot.

(b)

Dwelling, duplex. A building containing two (2) separate dwelling units completely separated by a one (1) hour fire rated wall.

(c)

Dwelling, multifamily. A building or portion thereof used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.

Enclosed completely. Located within exterior or party walls having a permanent floor and roof, with or without windows, entrance and/or exit doors.

Enlargement. An increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. Family. 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 maximum occupancy restrictions of the zoning code set forth at section 26-64. The term "family" does not include the occupants of a "hotel", "motel", "rooming house" or any other living arrangements within a building or facility which is being utilized for the transient occupancy of its inhabitants.

Family. 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 maximum occupancy restrictions of the zoning code set forth at section 26-64. The term "family" does not include the occupants of a "hotel", "motel", "rooming house" or any other living arrangements within a building or facility which is being utilized for the transient occupancy of its inhabitants.

Family child care home. A private residence where care, protection and supervision are provided for a fee, at least twice a week to no more than six (6) children at one (1) time, including children of the adult provider.

Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Floor area, minimum. The total amount of required enclosed horizontal living area as measured from the external faces of the exterior walls of a detached dwelling or the centerline of a party wall separating two (2) attached dwelling units, excluding porches, patios and garages. Vehicular garages shall not be included in determining gross floor area except as set forth in section 26-64 of this chapter.

Floor-area-ratio (FAR). FAR expresses the relationship between the amount of gross floor area permitted in a building (or buildings) and the area of the lot on which the building stands. It is obtained by dividing the gross floor area of a building by the total area of the lot and is usually expressed as a decimal fraction (for example, 0.5 or 1.0).

Florida Inventory of School Houses (FISH). The report of the capacity of existing facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program. In Palm Beach County, permanent capacity does not include the use of relocatables unless they meet the standards for longterm use pursuant to section 235.061, Florida Statutes.

Funeral home. A building designed to allow for the preparation, visitations, rites and ceremonies preceding and accompanying burial. Funeral homes with crematories are allowed only by special exception in the limited industrial (IL) and general industrial (IG) zoning districts.

Garage, detached private. A detached building, identified by the manufacturer or design professional as a garage, and not less than ten (10) feet by twenty (20) feet in size, as measured from the interior, capable of and used for indoor parking of private automobiles for use by the occupants of the principal/primary structure.

Garage, private. An attached or detached accessory building used for the parking or storage of automobiles of the occupants of the main building. A carport is considered a private garage. A private garage may not be used for commercial purposes.

Golf course. An area designed for the play of golf.

Green market. A temporary, outdoor gathering of vendors for the purpose of selling fresh, unprocessed fruit and vegetables, flowers, plants, shrubbery, and arts and crafts along with the sale of consumable items such as coffee, bread and prepared food on a retail basis.

Ground floor. The floor of a building which is located not more than two (2) feet below nor more than six (6) feet above finished grade adjacent to the exterior wall.

Home occupation. An accessory use of a dwelling unit for gainful employment: a) which is clearly incidental and subordinate to the use of the dwelling unit as a residence; b) which is carried on solely within the main dwelling (except for incidental business activities which may occur at the property); c) which does not alter or change the exterior character or appearances of the dwelling in any manner which is inconsistent with the residential character and architectural aesthetics of the neighborhood; d) which generates no traffic greater than allowed for similarly-zoned residential dwellings; and e) where no stock in trade nor commodity is sold outside the residential dwelling.

Hotel. A public lodging establishment licensed by the State of Florida which offers transient or permanent lodging accommodations to the general public, and may provide additional services, such as restaurants, meeting rooms and recreation facilities.

Household pet. Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds and rodents.

Impervious area. Any surface incapable of being penetrated by water under normal circumstances, including such surfaces as roofs, areas paved or covered with concrete, asphalt, or similar materials, etc.

Independent living facility (ILF). A community consisting of individual dwelling units either detached or attached for adults fifty-five (55) years and older; and which provides a kitchen and bathroom within each dwelling unit. A variety of services are provided to the residents in ILFs in order to promote the independent living concept, and typically include: basic housekeeping; laundry services; transportation to appointments and errands; activities; social programs; and access to exercise equipment and amenities like pools, spas, and clubhouses.

Integrated care center. An integrated care center shall provide medical office uses and a hospital based off-campus emergency department associated with a Florida licensed hospital that is physically separate and off campus from the main hospital emergency department but is under the same license of the associated hospital. The medical office uses within an integrated care center may include services such as physicians' offices, clinics, ambulatory surgery, outpatient services, diagnostic imaging, laboratory facilities, physical therapy and offices for medical practitioners. The hospital based off-campus emergency department element of the integrated care center is intended to provide comprehensive emergency services consistent with the main hospital, including but not limited to, diagnostic imaging, lab services, an on-site physician twenty-four (24) hours seven (7) days of the week, a minimum of fifteen (15) patient treatment bays, and on-site dispensing of prescription drugs, nonprescription drugs or both for the duration of a patient's stay and upon patient discharge, but not after the patient is discharged.

Jewelry store. A shop engaged in the retail sale of primarily new merchandise and some used merchandise; and which may include the crafting of jewelry that is then sold at retail on the premises having been fashioned from precious metals primarily purchased on site for this purpose in accordance with state law.

Kennel. An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

Level of service (LOS). An indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility or service based on and related to the operational characteristics of the public facility or service. For the purposes of adequate public school facilities, level of service shall mean the measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA); e.g., a facility with one thousand (1,000) students and a FISH capacity of nine hundred seventy (970), has a LOS of one hundred three (103) percent, also referred to as the utilization of a facility.

Live entertainment. One (1) or more of any of the following, performed live by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: musical act; theatrical act, including a play, revue, or stand-up comedy; dance; magic act; disc jockey; or similar activity.

Lodges, fraternal and service organizations. Buildings or facilities owned or operated by a corporation, association, person or persons for a fraternal, social, civic, educational or recreational purpose but not primarily for profit or to render a service which is customarily carried on as a business.

Lot frontage. The property boundary adjacent to a nonlimited access street of highest classification; where property is adjacent to two (2) or more streets of equal classification, frontage shall be the shortest property line adjacent to the street. Lot frontage is also the front property line.

Lot width. The horizontal distance between the side lot lines measured along the front building setback line of the lot as determined by the prescribed front yard setback requirement of the zoning district.

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, sale, 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 as defined in F.S. § 381.986. Marijuana includes any strain of marijuana or cannabis, 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 dispensing facility. A retail facility established by a licensed "medical marijuana treatment center," 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, marijuana products, or related supplies. A medical marijuana treatment center shall not be construed to be a medical marijuana treatment center dispensing facility.

Medical marijuana treatment center. A 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, or administer marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers as authorized by state law. A facility which provides only retail sales or dispensing of marijuana shall not be classified as a medical marijuana treatment center under this chapter, but shall be classified as a medical marijuana treatment center dispensing facility.

Memory care facility (MCF). A facility providing full-time convalescent or chronic care, or both, to persons who by reason of advanced age, chronic illness, functional impairment or infirmity, are unable to care for themselves. This health care institution shall specialize in skilled nursing care including the supervision of the care of every patient by a physician; the full-time employment of at least one registered nurse; the maintenance of medical and patient records; 24-hour medical care; group dining; shared living and bathing spaces; and assistance with activities of daily living (i.e., bathing, dressing, eating and walking). This use does not include rehabilitation facilities that provide emergency or medical detoxification, or that diagnose or treat drug and alcohol addiction disorders, eating disorders, and physical, behavioral, mental or emotional issues that are directly attributed to those disorders.

Microbrewery. A duly-licensed establishment, not exceeding twenty thousand (20,000) square feet in gross floor area, primarily engaged in the production of beer and other fermented malt beverages for sale on premises and in packages for later consumption off premises via retail carryout, or through distribution and may include accessory uses such as a tasting room, restaurant, retail area, demonstration area, education and training facilities, and other uses incidental to the brewing business that may be open and accessible to the public. A microbrewery may also, in conjunction with the sale of beer for consumption on the premises, sell wine by the glass or carafe for consumption on the premises.

Motel. A building or group of buildings which contains sleeping accommodations for transient occupancy, and has individual entrances from outside the building to serve each sleeping unit. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses.

Municipalities. A general-purpose local government entity created by the State Legislature and governed by Cp. [Ch.] 166, Florida Statutes. For the purposes of adequate public school facilities, municipalities means all municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to section 163.3180, Florida Statutes.

Nightclub. A commercial use which is determined to be a nightclub by application of the factors set forth in this definition. If a commercial use could reasonably be classified as either a nightclub or some different use, it shall be deemed a nightclub for purposes of this Code. For example, a use operating as a bar, cocktail lounge or restaurant during some hours of the day, but operating as a nightclub during other hours of the day, shall be deemed a nightclub. In determining whether an establishment is a nightclub, the following factors shall be considered:

(a)

If the establishment charges a cover charge, door charge, required contribution, or one (1) time membership fee which is paid at the door, or has a minimum drink requirement, without a special event permit approved by the village in place, then the establishment is a nightclub; or

(b)

If none of the factors listed in subsection (a) above are present, and no special event permit has been approved by the village, then if four (4) of the following conditions exist, the establishment is a nightclub:

1.

The establishment has a dance floor or other open area used by patrons for dancing or for viewing of entertainment, or used for a band, orchestra or other live entertainment act (such dance floor or open space may be established by the removal or rearrangement of furniture or tables);

2.

The establishment is open to the public anytime between 12:00 a.m. and 7:00 a.m. on any day of the week;

3.

The maximum capacity for the establishment as set by the fire officials through fire, building, structure, and other relevant laws and ordinances, is one hundred fifty (150) or more persons. The fact that the establishment may restrict its capacity to some lesser number shall not prevent the building or fire officials from determining a different and increased capacity;

4.

Alcohol is sold and consumed on the premises of the establishment at any time;

5.

Advertisements for the establishment describe specific entertainment events or engagements (e.g., "House Party Saturday Night"; "DJ Saturday Night"; "Live Music Tonight");

6.

The establishment features a platform or musical staging area used in connection with performances or entertainment.

Nonconforming lots, buildings and uses. (See section 26-41.)

Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Open space, common. Any open space area which is owned and maintained by a cooperative, homeowners' association, condominium association or any other similar association and available and accessible at all times to all members of such associations.

Park and ride facility. An off-street, private or public parking facility which is used principally for access to a regional transportation system. These facilities shall be subject to the dimensional criteria established in section 23-50, Design standards, of the Village Code of Ordinances.

Parking area. The total improved area devoted to the parking and maneuvering of vehicles.

Parking lot. An off-street, private or public area constructed at grade which is used for the temporary parking of automobiles, motorcycles and trucks. The term, "parking lot", shall include access aisles, ramps, maneuvering areas, and all other vehicle use areas.

Patio homes. A single-family, detached dwelling unit which can be planned to accommodate cluster development with sheltered private outdoor living areas for each home; designed with one (1) continuous, windowless zero-lot-lined wall or staggered zero-lot-lined walls, consistent with the provisions of the patio home section of the Royal Palm Beach Zoning Code. Patio home lots shall be conveyed in fee single [simple]. Patio homes are also known as zero-lot-lined homes.

Personal services. An establishment engaged in the provision of frequent or recurrent services of a personal nature: or the provision of informational, instructional, personal improvement or similar professional services which may involve limited accessory retail sale of products. Those personal services allowed in the MXD zoning district are only those specifically set forth at subsections 26-93(2)(c) and (3)(c). Those personal services allowed in the MXS zoning district are only those specifically set forth at subsections 26-95(2) and (3). Personal services allowed in other zoning districts are those that are listed as permitted or special exception uses in each individual zoning district.

Pervious area. A surface which does not impede the penetration of water. Ground floor area occupied by recreation facilities will be credited toward calculating the total required pervious area in a zoning district.

Pet training. Daytime training services for pets, including structured obedience and behavioral programs, using positive reinforcement techniques, with no overnight boarding or kenneling.

Planned commercial development. A land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved development plan to accommodate more than one (1) commercial use.

Planned commercial/residential development. A land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved development plan to accommodate more than one (1) commercial use and at least one (1) residential dwelling unit type. The residential component shall follow all rules and regulations regarding PUDs as set forth at section 26-74, except that only one (1) dwelling unit type is required for the planned commercial/residential development, unless a mix of unit types is required by the zoning district in which the planned development is located.

Planned industrial development (PID). A land area under unified control designed and planned to be developed in a single operation or by a series of scheduled phases according to an officially approved master plan to accommodate two (2) or more industrial uses in the limited industrial (IL) district or in the general industrial (IG) district.

Plat. A subdivision plan of real property which has been subdivided into lots, blocks, plots or parcels.

Plat of record. A plat that conforms to the requirements of existing state plat laws and has been accepted and numbered, as to plat book and page by the clerk of the circuit court of Palm Beach County, Florida, and being in conformance with such state laws.

Plat preliminary. A copy of the proposed plat for review and discussion purposes in sufficient form to readily compare the proposed plat with the master land use plan and construction plans.

Premises. Any lot, area or tract of land in part or in total, whether used in connection with building or not.

Principal/primary structure. A structure or combination of structures of chief importance or function on a lot or parcel. In general, the primary use of the lot or parcel is carried out in a primary structure. The difference between a primary and accessory structure is determined by comparing the size, placement, and similarity of design, use of common building materials and the orientation of the structures on a lot or parcel. See also accessory structure.

Proposed new residential development. Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site-specific development order on a specific parcel of property.

Residential development. A building, or many buildings or dwelling units, or portion of a building or land used primarily for human habitation and for the purposes of adequate public school facilities, it shall mean any development that is comprised, in whole or in part, of dwelling units for permanent human habitation.

Restaurant. A commercial use engaged primarily in the service of food and nonalcoholic beverages, where the sale or service of alcoholic beverages is incidental to the sale and service of food and nonalcoholic beverages, and meets all of the following criteria:

(a)

A restaurant must, during all hours of operation, continually offer food service consisting of full course meals. Full course meals shall include a salad or vegetable, entrée and beverage. Customers shall generally be able to order any item on the applicable menu during all hours of operation;

(b)

A restaurant must, during all hours of operation, continually have full kitchen facilities, equipment, supplies, and preparation staff capable of preparing and serving full course meals for the full occupant load of its establishment;

(c)

Any restaurant granted an alcoholic beverage license must receive at least one-half (½) of its gross proceeds from the sale of food and not alcoholic beverages. Additionally, no restaurant shall be permitted to sell alcohol beverages for off-premises consumption or to operate a package store at the same location;

(d)

Restaurants may have live entertainment only by special exception use approval in the CG zoning district; and

(e)

The term restaurant shall not include bar and/or cocktail lounge, or nightclub. (See definitions for Bar and/or cocktail lounge, and Nightclub.)

Retail sales, MXD. Those establishments providing general retail sales, or similar establishments which are specifically set forth at subsections 26-93(2c) and (3)(c), and which do not exceed twenty thousand (20,000) square feet of floor area for any single use, and which do not include a drive-through facility.

Retail sales, MXS. Those establishments providing general retail sales, or similar establishments which are specifically set forth at subsections 26-95(2) and (3) and which do not exceed twenty thousand (20,000) square feet of floor area for any single use, and which do not include a drive-through facility.

Rooftop amenities. Recreational or aesthetic private open space constructed on rooftops that provide recreation amenities for building occupants such as, but not limited to, gardens, observation decks, swimming pools, event space, clubhouse and reception space, game rooms, and multipurpose courts.

School concurrency agreement. For purposes of adequate public school facilities, the interlocal agreement among the Palm Beach County Board of County Commissioners, the municipalities of Palm Beach County, and the Palm Beach County School Board which was recorded in the Official Records Book 12272, Page 973, Public Records, Palm Beach County, Florida.

School district. The School District for Palm Beach County created and existing pursuant to section 4, article IX of the State Constitution.

School district five-year capital facilities plan. The School District of Palm Beach County Five-Year Work Plan and Capital Budget as authorized by section 235.185, Florida Statutes.

School district six-year capital improvement plan. A table of expenditures and revenues detailing how the School District of Palm Beach County shall achieve and maintain the LOS for public school facilities.

Screened. Substantially concealed from view by a structure or other means including, without limitation, buildings, fences, walls, hedges, and other landscaping material, or any combination thereof. Height shall be sufficient to screen the object in question, up to a maximum height of six (6) feet and shall be a minimum of seventy-five (75) percent opaque.

Screened enclosure. A structure, typically attached to the principal structure, utilized to completely enclose a nonair-conditioned living space, consisting of a rigid frame with a screen and/or a solid roof covering screen walls, for the primary purpose of exclusion of insects. Screening utilized shall be a material that allows for a minimum of fifty (50) percent light and fifty (50) percent air circulation

Self-service storage facilities (SSSF). (See section 26-67.)

Senior housing facility (SHF). Any facility for adults fifty-five (55) [years] and older which may offer residence, services, meals, and/or skilled nursing care to senior residents, and may include one (1) or more of the following facility types: independent living, assisted living, and continuing care facility. This use does not include rehabilitation facilities that provide emergency or medical detoxification, or that diagnose or treat drug and alcohol addiction disorders, eating disorders, and physical, behavioral, mental or emotional issues that are directly attributed to those disorders.

Shed. A small, not greater than one hundred fifty (150) square feet, freestanding, single-story accessory structure designed without electricity or plumbing and used to store lawn, garden, pool or other household equipment.

Site-specific development order. A development order issued by the Village of Royal Palm Beach which establishes the density or maximum density and which approves a specific plan of development on a lot or lots pursuant to an application by or on behalf of an owner or contract purchaser, including applications initiated by the Village of Royal Palm Beach. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site-specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, building permits, and any "development of regional impact" development order as defined in section 380.06, Florida Statutes. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site-specific development order shall be considered a site-specific development order if, when taken together, they meet the definition of a site-specific development order.

Swimming pool. Any confined body of water, located either above or below the existing finished grade of the site, exceeding one hundred fifty (150) square feet in surface area, and two (2) feet in depth, designed, used or intended to be used for swimming or bathing purposes.

Taproom/tasting room. A room that is ancillary to the production of beer at a brewery, microbrewery, and brewpub where the public can purchase and/or consume alcoholic beverages as licensed and regulated by the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.

Telecommunications tower; antenna. A guyed, monopole, or self-supporting structure, whether freestanding or attached to another structure, containing one (1) or more antennas or the antenna itself, intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular telephone or similar forms of electronic communication, excepting:

(a)

An electric utilities use of ancillary electronic communications used in conjunction with the distribution and maintenance of electric service to monitor and manage the operation of devices such as, but not limited to, switches, capacitor banks, and automated meter reading;

(b)

Satellite dish-type antennae (see chapter 19.5 for definition and regulation);

(c)

Antennae associated with or utilized by the Village of Royal Palm Beach for the provision of municipal services; and

(d)

Completely screened rooftop-mounted panel antennae provided such antennae are architecturally compatible with the building on which they are mounted (as approved by AARC) and otherwise conform to the criteria for rooftop-mounted equipment as set forth in the applicable building code.

Transparency. The amount of transparent window glass or other openings in a building's facade along a street frontage, relative to the overall surface area of the facade. This ratio is expressed as a percentage and is calculated separately for the ground story of a facade and for each upper story.

Type of school. Schools in the same categories of education; i.e., elementary, middle, or high school.

Vehicle auction sales. The sale of vehicles where the method of sale is conducted by a licensed auctioneer during which time multiple bidders compete through a bidding process to acquire vehicles exclusive of any presale time for preparation and viewing of the vehicles for sale and any post bidding close out time for preparation of all documentation necessary for transfer/sale of the vehicles.

Veterinary oncology center, no overnight stay. A facility established to provide examination, diagnostic, and cancer treatment services for domesticated animals kept for pleasure rather than for commercial purposes. Treatment services may include, but is not limited to, surgery, chemotherapy, radiation therapy, immunotherapy, or palliative care. The facility may not be used for overnight boarding.

Warehouse. An enclosed structure specially designed for the storage of certain goods and merchandise.

Wetland. An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Work. All required site preparation, including clearing, and construction as shown on approved construction documents for all facilities and features of any kind which are required and related to the process of construction in accordance with these regulations.

Xeriscape. A combination of landscaping features and techniques that in aggregate reduce the demand for and the consumption of water for the purpose of irrigation.

Yard. A required open space clear from the ground upward, except as may be specifically provided in this Code.

(Ord. No. 220, § 200.2, 5-20-86; Ord. No. 260, § 1, 4-17-89; Ord. No. 331, § 2(Exh. A), 12-20-89; Ord. No. 342, § 2, 6-21-90; Ord. No. 416, § 2, 9-19-91; Ord. No. 507, § 1, 10-3-96; Ord. No. 565, § 1, 2-18-99; Ord. No. 639, § 3, 6-20-02; Ord. No. 688, § 1, 4-15-04; Ord. No. 702, § 1, 3-3-05; Ord. No. 828, § 1, 11-19-09; Ord. No. 830, § 1, 3-18-10; Ord. No. 832, § 1, 4-15-10; Ord. No. 841, § 1, 12-16-10; Ord. No. 861, § 1, 3-15-12; Ord. No. 895, § 1, 2-6-14; Ord. No. 905, § 1, 7-16-15; Ord. No. 947, § 1, 2-2-17; Ord. No. 948, § 1, 2-2-17; Ord. No. 959, § 1, 8-17-17; Ord. No. 967, § 1, 5-17-18; Ord. No. 976, § 1, 10-4-18; Ord. No. 1001, § 1, 8-20-20; Ord. No. 1019, § 1, 8-19-21; Ord. No. 1022, § 2, 2-17-22; Ord. No. 1027, § 1, 12-15-22; Ord. No. 1018, § 1, 4-20-23; Ord. No. 1043, § 1, 3-21-24; Ord. No. 1052, § 1, 12-19-24; Ord. No. 1064, § 1, 10-16-25)