HomeMy WebLinkAboutDocumentation_Regular_Tab 09_10/09/2014 VILLAGE CLERN
AGENDA ITEM TRAN ADENDA ITEM PREVIOUSLY
DISTRIBUTED - 9/11/14
Meeting Date: Meeting Type: Reguiar Ordinance #: 13-14
' 1/14
Consent Agenda: No Resolution #: N/A
Originating Department: Attorney
ORDINANCE 13-14, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNC#L OF THE
ViLLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTlCLE I. IN
GENERAL. BY UPDATING AND REVISING THE LlST OF DEFINITIONS FOR TERMS CONTAINED
IN THE VILLAGE'S ZONING ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB-SECTION OF CHAPTER 78. ZONtNG, SHALL REMAIM IN FULL FORCE AND E�FECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROViDING AN EFFECTIVE DATE; AND FOR OTH.ER PURPOSES.
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Account #: Amount of this item: �
Current Budgeted Amou�t Availab{e: Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
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De artment Head , o
P Submitted by Legal
Finance Director
Reviewed for Financiai Sufficiency ❑
No Financial Impact
A#torn.ey: (fior legal sufficiency)
Viflage Manager: �_....--->
Submit fior Council Discussion: /[]�
Approve ltem: ❑ l
Deny ltem:� �
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rorm Amended: 7112/12
ORDINANCE NO. 13-14
AN ORDINANCE OF THE VII,LAGE COUNCIL OF TSE VII�LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZOl�TING. AT
ARTICLE L IN GENERAL. BY UPDATIl�iG AND REVISING THE LIST
OF DEFII�TITIONS F4R TERMS CONTAINED IN TSE VII,LAGE'S
ZONII�TG URDINANCE; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUB-SECTION OF CRAP7T.R �g. ZpN�TG,
SHALI. REMAIl�i IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR 01'HER PURPOSES.
WHEREAS, recent amendments and. revisions to the Village's zoning code necessitates
the update and revision o€the list of definihons for terms contained therein; and
WAEREAS, the revised definitions as set forth in t�is ordinance serve to further
augment and 'unplement such zoning code revisions; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta�
NOW,1'�REFORE, BE IT ORDAIIVED BY TH� VII.LAGE COUNCII. OF TH�
VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLURIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoni.ng. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In general; by updating and revising the list of definitions for
terms contained in the village's zoning ordinance; providing that Chapter 78, Article I. shall
hereafter read as follows:
ARTICLE I. IN GENERAL
y Sec. 78-1. Tifle. --_----�---- --------- ----
Sec. '78-2. Purpose.
Sec. 78-3. Jurisdiction.
Sec. 78-4. Definitions.
Sec. 78-5. Effect on existing easements. covenants and a�xeeme�s: conflicting re ations.
Sec. 78-6. Enforcement officer: violations: penalties.
Sec. 78-7. Unity of title declaration.
Secs. 7&8-78-30. Reserved.
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Sec. 7&1. Title.
This chapter shali be known as the "Official Zoning Ordinance of the Village of
Tequesta, Florida."
Sec. 78-2. Parpose.
The purpose of tvis chapter is to implement the village comprehensive
development plan adopteci in conformance v�►x� the applica.ble local government
comprehensive planning r�uirements uf the state, and the promotion of the health,
safety, morals, and general welfaze of the present and future residents of the village, bY:
(1) Giving efferct to the goals, objectives, and plan recommenda�ions of the
village comprehensive development plan.
(2} Dividing the village into districts according to the use of land and
buildings, the intensity of such use {including bulk and height), and
surrounding open space.
(3) Establishing reguiations which protect and promote the public health,
safety, morals, and general welfare of the p�ple by providing standard.s to
control the amount of open space and impervious surFaces within a
development, and to control the intensity af development in areas of
sensitive natural resources or natural features in order to reduce or
eliminate adverse envuomnentat impacts.
(4} Controlling and regulating the growth of the village conc�ntrating
development in areas where adequate community facilities can. be
provided, and limiting development in areas where these facilities are not
and should not be provided.
(5) Regulating and restrictinS the location and � of buildings, structures, and
land for residential, commercial, and other uses.
(� Lessening the danger and congestion of tra�c on the streets and
lughways.
(7) Securing safety from fire, panic, flood, and other daugers.
(8) Providing adecluate Pnva�Y� li�ht and air.
(9) Protecting the tax base by facilitating cost-effective development and the
most appropriste use of land within the village.
(10} Conserving the values of properiy thmughout the village.
(11) Preventing the overcrowding of land, and. protecting landowners
from adverse impa�cts on adjoining developments.
Sec. 78-3. Jurisdiction.
The rules, regulations, and requirements contained in this chapter appiy to all
properties and lands within the corporate limits of the village, as they exist now or �s they
may be legally altered.
Sec. 78-4. DeSnitiona
The following words, terms and phrases, when used in this chapter�
otherwise snec'fied. shall �a,ve the meanings ascribed to them in this section, except
where the context clearly indic�tes a d,if�erent meaning. All words used in the present
tense include the firture; a11 words in the singular number include the plural and the plural
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the singular. The word "building" includes the word "structure." The word "shall" is
mandatory. The word "person" includes a firm, corpora�ion or municipal corporation as
well as a natural person. The word "map" sl�all mean the official zoning map of th+e
village. The teim "council" shall mean the Covnc�il of the Village of Tequesta and the
word "village" sha11 mean the Village of Tequesta, a municipal corporation of the State of
Fiorida The word "used" shall be deemed to include the words "arranged, designed or
intended to be uss�,'� and the word "occupied" shall be deemed to include the words
�►arranged, desigaed or intended to be occupied." Any word or term not iu�erprEted or
defined by this section shall be used with a meaning of common or standazci ufiilization
Ahutting means having a common border with, or being separated from such
common barder by, an alley or easemen#.
Access means the princi�l me�s of ingress and egress to property from a
publicly dedicated right-of-way.
Accessory structure means a detached, subordinate structure, the ux of wluch is
cleazly incidental and related to that of the principal structure or use of the land, and
which is located on the same lot as that of the priacipal structure or use. ��
�l1CtuFe 81SO meatls an Stt9ched �n enclnc�n�± tvn;�A11 essoc'g with 'mmin�
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Accessory use means a use customarily incident and accessory to tt� princi�l use
of land or building located on the same lot.
Acre, grass, means a tract of land consisting of 43,560 square fcet. As it relates to
density, it is the quotient of tl�e total number of dwelling units divided by the overall size
of a site in acres.
Acreage means that land lying within the viliage limits which has not been
subdivided according to the r�ords on file in the office of the clerk of the circuit court in
and for the county.
Addition (to wt existing buildin� means any walled and roofed expansion to the
perimeter of a building in which t1�e addition is connected by a common loadb�ring wall
other than a firewall. Any walled and roofed addition which is connected by a firewall or
is separa,ted by independent perimeter loadbearing walls is new construction.
Adjace»t means that wlrich lies near or close to, not widely separated or
necessarily touching.
Adjoining means that wluch is joined or united, actually touching.
Adult congregate diving facility (ACI.� means an establishment, institution,
building, residence, private hame, boardinghouse, home for the elderly, or other place,
having some or all of the chara�eristics of homes for the elderly, or other place, whether
operated for profit or not, which through its operatian provides one or more personal
services for four or more persons not relat� by blood or mazriage to the owner or
operator, for a period exceeding 24 hours. Personai services are in addition to housing
and food service and include but are not limited to facilities which meet the physical,
recreational, emotional, and social life needs of the residents of the facility, personal
assistance with bathing, dressing, housekeeping, supervision, eating, and supervision of
self-administered medication, and assistance in securing health caze from appmpziate
sources. This term shall also include extended care facilities. See also section 78-224 for
definition of ACLF.
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Adverti.ring structure means any struetine installed for ad.vertising purposes, with
or without any advertisement display thereon, situated upon or �ltached to real proPerly,
upon which any poster, bill, printing, painting, device or other advertisement of any kind
whatsoever may be placed, posted, painted, tacked, nailed, or otherwise faste�aed, affixed,
or displayed; provided, however, that such term shall not include buildings.
Alley means a dedicated public right-of-way other than. a street which provides
only a secondary means of access to abutting property, is no# over 20 feet in width and is
not intended for general tra�ic circulation,
Alteration means any modifications, additions, deletions, or change in
construction, or c�ange and airangemern in the structural parts of a building, whether by
extending a side or by increasing or decreasing in height, or the maving from one
location to another.
Amusement device, coin-operated or token-operatec� means aay amusement
machine or device operat�i by means of insertion of a coin, token, or similaz object for
the purpose of amusennent or skill, or for the playing of wluch a fee is charged. This
definition does not include vending machines which do not incorporate gaming,
amusement or skilled features, nor does this definition include any coin-operated or
token-aperated mechanical musical devices.
Anchor store/tenant means the largest retail establishment or ma.jor tenant within
a shoPPing center, wtuch draws customers, and theteby generates business for
sutrounding stores or tenants.
Antenna means anv exteriar device used for transui� and reseivin� maunted
e gro � d o� a t�wer. al��„ative t�wer structure buil_ding nr siru cti�re and nce� in
' ns that i� or canture electromaQaeti.c wavec_ c�i�itAl signals. anatog
SlffiSiS is�.l0 �Te[1 11eIICle4 texcludin�raAar cismalgl__wir�lQCg tpleYx�mm�micafir�nc cismal
��er communicaxion si�nals Antennas mav or mav�not be of stealth desi� This
�.efinition does not include over-the �r rec�nttion device which deliver television
at sisnals. direc� broadcas� si al.. direct broadc ct sat elite services or
ffi�chanael multinoint distiribution services. as defined and re�ulated bv 47 CF13
'on
�tion78-442.
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(3) Broadcast receiving antenna means an outside antenna used for the
reception of signais transmitted by stations licensed by the Federal
Communications Commission in the Radio Broadcast Services, including
AM, FM,1'Y and shortwave.
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(5) Corrimunity antenrta system means a satellite television aatenna system or
broadcast receiving antenna system desigaed and install� in sucb a
manner so as to ieceive television and radio signals for the
noncommercial, not for-profit distribution to private residences solely
within the R 2 and R 3 zoning districts.
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Apartment means any building or portion ther+eof wluch is designed, built, rented,
leased, let or hired out to be occupied, or which is ocxupied, as the home or residence of
two or more families living independentlp of each other with their own separate cooking
facilities in a building designed with separate entrances for each unit
Apartment, efJ'iciency, mesns a dwelling unit consisting of one or two rooms,
other than a bathroom, providing cooking facilities.
Appeal means a request for a review of the village's interpretation of any
provision of tlus chapter, a request for a variance or a means for obtaining review of a
decision, determination, order, or failure to act pursuant to the terms of this chapter.
�4rcade.
(1) Game/video arcade me.aas any establishment, room, place or business
loca�ion in which there are available to the public more than three coin
operated or token-operated amus�ment devices which are coin-operated or
token-operated or where a fee is charged for the aperation of such devices.
(2) Structural arcade means a permanently roofed azched cavered cominuous
area ar passageway at ground level, open ta a street, plaza, open space or
building, which is accessible and open to the public at all time.
Area, minimum buildin,� means the total of all roofed or undercover area of the
pri.ncipal building.
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Automobile sales (leasin�. See Motor vehicle dealer. �
Automotive repair establishment.
(1) Major repair means a retail sales and service establishment which
pmvides for the paintin�, repainting, or retouching aad/or major
mechanical repairs and adjustments of motor vehicles such as engine
overhauls, transmission overhauls, and the like which usually require more
than one workin� day for service. No outdoor sales, repair or service work
sha11 be allowed. Outdoor storage or display of vehicles, parts, equipment
or tires shall be prohibited. No body damaged vehicle or vehicle
components exposed to view from a public madway sha11 be permitted.
(2) �nor repair means a retail sales and service establishment which shall
include only those repairs able to be effected within one working day,
such as brake rep�air, engine tu�-ups, oil changes, lubrications, front end
alignments, and. the like. No outdoor sales, repair or service work sha11 be
allowed. Repair services of a major nature, including but not limited to
engine overbauls, transmission overhauls, or body work, shall be
prolubited. Outdoor storage or display of vehicles, parts, equipment or
tires shall be prohibit�. The service or repair of tcucks or other similar
vehicles wluch exceed a one-ton rated capacity sha11 be prohiibited. No
body damaged vehicle or vehicle components exposed to view from a
public roadway shali be permitted.
(3) Paint or bvdy shop means a building or other structure used for painting,
repainting, or retouching and/or major nonmechanical repairs and
adjustments of motor vehicles.
Awning means any movable roof-like structure cantilevered or othernvise entirely
supported from a building, so construct� aad erected as to peimit its being readily and
easily moved within a few minutes time to close an opening, or mlled or folded back to a
position flat against the building or a can.tilevered projection thereof, or wluch is
detachable.
Bakery means an establishment eagaged solely in the retai3 sale dimctly to the
consumer of products such as breads, cakes, pies, pastries, et�., which aze based or
produ�ed and sold on-premises.
�ar means a buildin�. or nortion of a buildin� where� alcohoL� beverages are
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d bv the dri�k and consumed on the mi_ ., M v icn he ref�ced to ac a ln�m�e_
Basement means �he nortion of a buildin� havin� it4 floar subgtade tbelow �round
levell on all sides the ceiling of which is entirely beiow
sround level �e or less than four feet six inches above m�und level g�e. The
basement is not considered a part of any living azea and shall not be used as living area.
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Any partion of a basement that is below ramund level shall not be
considered as part of the overall building heighdstory; however, that portion of any
basement which exce.eds ��md level shall be useci in calculating the
overall building height.
Beach means the zone of unconsolidated material that extends landwazd fmm the
mean low-water line to the place where there is marked chan.ge in material or
physiogiaphic form, or to the li.ne of permanent vegetation, usuatly the effeetive limit of
storm waves. "Beacb." is alternatively termed "shore."
Bed m�d brealEfast � •a •+ �
�he�eeetie�� � a sma11 hotel " " providing food
services and roams for shortterm letting. It is not intended as a large slrip motel or ur�n
luxury hotel, but rather as a small town inn
ee�at�•
Bedroom means a room other than a kitchen, dining room, living room, bathroom,
or closet, which is marketed, desigaed, or otherwise likely to function primarily for
sleeping.
Block means a tract of land bounded by streets, or by a combination of streets and
public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shorelines of
waterways, or corporate t�undary Iines of the village.
Board of adjustment means the village board of adjustment as set forth under the
terms of this chapter.
Bookstore means an establishment engaged in the retail sale of new boaks,
magazines and accessory supplies.
BreaJFciwrry wall and frongible wall mean a partition independent of supporting
structival members that will withstand design wind forces, but which will fail under
hydrodynamic, wave, and run-up forces associated with the design storm surge. Under
such conditions, the wall sha11 fail in a manner such thst it breaks up into components
which minimize the potential for damage to life or adjacent property. It shall be a
chua�teristic of a breakaway or frangible wall that it shall have a horizontal design
loading resistance of no less than ten and no more than 20 pounds per foot
Breezeway means a roofed, open sided passageway connecting �two separate
sttvctures, or two separate portions of the s�e shvcture.
Buildable area means the portion of a lot rema�n;ng after reqnired setbacks have
been provided.
Building means a single structure wluch is permanently affixed to the iand, and
has one or more floors and a room. A building may, for example, consist of a one-family
residence, a series of townhouses, a mw of apartments with individual entrances, ar an
apartment house, a single store or a row of stc�res (depending on location of lot lines), or
any structure built for support, shelter, or enclosure for any occupancy or storage.
Carports and garages which are not an integral part of the main building will be
considered accessory buildings.
Building, accessory. S� �iccessory building.
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Buildi»g, detachec� means a building having no party walls in common with
another building.
Buiddin� elevated Se� Elevated building.
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Building front means that exterior wall of a building which face� a front lot line of
the lot
Building, height of, means the vertical distance meas�red from the existing
average eleva�ion of the highest adjacent grade, at the � of the building to the lughest
point of the building or roof. Height shall be measured to the lughest pourt of the
following:
(1} The coping of a flat mof;
(2} The average height level between the eaves and mof ridge or peak with
gable, hip, or gambrei roofs;
(3) Deck lines on a mansard roof;
(4) For a roof with equipment which exceeds more than four feet above the
lughest point of the roof. Stairways, elev�tor �nthouses, and accessory
operating equipment enclosed within the roofline are excluded, as aze
screens to conceal facilities on the roof provided that the screen is not
under roof and is less than ten feet in height.
Buitding line means a line on a lot, generally, but not necessarily, parallel to a lot
line or road right-af-way line, located a su�cient distance thetefrom to provide the
minimum yazds required by ttris chapter. The building line delimits the area in which
buildings are permitted subject to all applicable provisions of t}us chapter.
Buildin� nonconforntin� means a legally existing building w}uch fails to comply
with the regulations (for height, number of stories, size, area, yards, location, and us�} xt
forth in this chapter applicable to the district in which such building is located.
Building official meaas e afficer or other desi�authoritv. or a duiv
orized reoresenta#ive. c �e� wi� the arimin 'stra�ion and enforcement f the Florida
$uil in� Code.�with_in the Villa�e nf Teauesta
Building permit an offic'�al document or certificate i�.sued bv the buildin¢
_ cial which autttorL.es nerformance of snecific activities that aze determined to be
liat�t vvith the Ftnrida Buil �n� Code
Buildin� principal, means a building in which is canducted, or in which is
intended to be conducted, the main or principal use of the lot on which it is located.
Building site means a portion or pazcel of land considered as a unit, devoted to a
certain use or occupied by a building or group of buildings th�t are united. by a common
interest or use, and the custnmary accessories and open spaces belonging to the same.
Building support smieture means any struct�u�e wlrich supparts floor, wall or
column loads, and transmits them to the foundation The term shall include beams, grade
beams, or joists, and includes the lowest horizontal structural member exclusive of piles,
columns, or footings.
Bulk is a term used to describe the size of buildings or other stivchu�es, and their
relationships to each other and to open areas and lot Iines.
Business service means an establishment primarily engaged in reiidering services
to other business establishments on a fee or contract basis not involving the sale of any
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goods or commvdities avaiiable on the premi,ses and not dispensing a personal or
professional service. Such establishments include such activities as real estate, insurance,
accounting or bookkeeping, financial institution, management or consulting, or other
similar uses.
Cazopy means a roof-like structure made of any mgterial which projects from the
wall of a building and overhangs a public way.
Crupr�rt means space for the housing or storage of mo#or vehicles and enclosed on
not more th� two sides by walls.
Carwash means a building, strncture, or portion thereof containing facilities for
washing autamobiles, which may utilize prod.uction line methods with a chain conveyor
or other method of moving tb.e velricles along, utilizing the automatic, semiautomatic, or
manual applicati.on of cleaner, brushes, rinse water, wax, heat, air, or steam.
Certificate of occupancy means official certification that a buildine or �tr�u�e
�ses conforms to provisions of the Florida Build.in� Code and this chapter {�-�he
�1�-eede} and may be used or occupied. Such a certificate is granted for new
construction or for alteration or additions to existing structures. Unless such a certificate
is issued, a structure cannot be occupied.
Church/� � of worship means a building, structure, or prewises wherein
persons regulazly assemble for religious worship which is specifically desigaed and used
oaly for such purpose and is maintained and co�trolled by a religious body organized to
sustain public worship.
Clinic means a facility including a health care faciliiy, medical or dental offce
where patieuts, who are �at lodged overnight, are admitted for �amination and treatment
by one person or a group of persons litxnsed by the state as a physician, dentist,
chiropractor, therapist or other similaz health related profession
Club means buildings or facilities owned. or opeTated by a person for a social,
educational, fiaternal, civic, religious, or recrea.tionat purpose, but not primazily for profit
or to render a s�vice which is customarily cazried on as a business.
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Coastad barrier island meaas geological surface featin�es of islands within the
village above mean sea level.
Coastal building zone meaus the land area. between the seasonal. high water line
of the Atlantic Ocean and the waters of the Intracoastat Watetway.
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Coastal smrd dune preservation means the preservation of coasta,l. beach and its
vegetation line through the protection of beach sand duaes from removai, alteistion or
disturbance in any manner whatsoever.
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�'ag�a�ee:
Commercial building means a building used only for a aommercial use.
Commercial dock means a dock or pier which is used to pmduc� income and
which includes any dock or pier not described in this section as a private dock.
Commercial use mesns an establishment w}uch supplies commodities and
services to the general public, including retail consumer goods and professiona�, business
and personaI services.
Commercial vehicle means any vehicle of any nature which is useci or des�saed or
�ended to used for hire or in the fi�rrh�� of c� rnercp. work, or for profit �
velucle that has co�nerci�l lett�*+n�_ �s rkLQS or a�vertiQin ah91t be c� q der t� be a
Vehi_cl� �ec.g the le ttPrin m rkin Or advertLi�¢ is on S removal?iP or
s�n�ealable sign wlich is remove� or conc al_e� when he vehicle is �*ke�,
Comnzon area means the total area not designed for rental to tenants and wbich is
available for common use by all tenants or groups of tenants and their invitees, including
such areas as pazking lots and their appurtenances, lobbies, malls, sidewalks, landscaped
aress, Public restroams, truck aud service facilities, etc.
Compatihle use means a use wluch is capable of existing in haimony with other
uses situated in its immediate vicinity.
Co»eprehensive development plan means the compasite of the village
comprehensive development plan, all accompanying maps, charts, and explanatory
material adopted by the village council, and all amendments thereto, all in accordance
with the applicable s#ate locai government comprehensive planning requirements.
Construction means the building of or substantial improvemeut to any structure or
the cleaning, filling, or excavation of any land. It sball also mean any alterations in the
size or use of any existing siruc,�tuc�e or the appearance of any land. When appropriate to
the eontext, the teim "eonshuction" refers to the act of eonstruction or the result of
conshuction.
Constructior� rrew See New corrstruction.
Cvnstructior� start o, f. See Start of corisiruction.
Contiguous Lands are contiguous if they actually adjoin each other and share a
common boundary for a distance af at least 50 percent of the length of such common
boundary. I.ands separated by water bodies, streets, alleys, madwa.ys, or othex rights-of-
way, or lands which share less than a 50 percent common boundary, do not adjoin, and
therefore shall not be considered as lying contiguous to each ather.
Corivenietrce store means a retail establishment which is usually open far
extended daily hours of busiaess (12 to 24 hours), is usually located as a single entity or
in a strip building configuration along arterial raadways, is normally a self-service
facility not dependent upon comparison shopping and by its manner of display and
merchandising usually sells a limited selection of items and braads of prepackaged or
prepared foods, ready-to-eat foods, snacks, gum, candy, beverages, dairy products or
sundries, all of which are frequently purchased for immediate ux, and ma.y be developed
with facilities for the dispensing and sale of vehiculat fuels, but with no sale or
installation of tires, batteries or similar accessories. If su�ch establishment is combined
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with such fuel sales and dispensing, it sh�11 be regulated as a full-�rvice fuel station and
there shall be stringent limitations and comrols placed. upan the nature, size, delivery,
storage, location and type of such fuel sales ar dispensing facilities, in order to provide
maximum pos�ible prot�ction to adjacent properties, and it must meet the spe�ific zoning
requiremeats of a full-service fiiel station.
Corner lot. See Lot, corner.
Cornice means the horizontal projecting part of the mof crowning the wa11 of a
building, or the jimcture wluch connects a vertical wall to the horizontal portion of the
roof at the rvafline.
Court means an open, unoccupied space on the same lot, and fully enclosed. on at
least three adjacent sides by walls of the buildings.
Coverage, ground See Lot coverage.
Curb cut means an indentation or depression through or into a raised curb forming
a driveway or wallcway.
Curb level means �he level of the established curb in front of such building
measured st the cen.ter of such front. Where no curb elevation has been established, the
mean elevati.on of the finished lot grade immediately ad.jacent to a building shall be
considered the curb level.
Day care facility means facilities for up to five gersons and Iocated within single-
faanily residential districts as required by state statute.
Dedication means the transfer af property intere.sts from private to public
ownership for a pnblic purpose. The tzansfer may be of fee-simple interest or of a less
than fee u�terest, including an easement.
I3ertsity means the relationship between the number of existing or proposed
amount of dwelling units on a sp�ific land area, usually expressed in terms of the
number of dw+elling units per gross acre.
Development means the division of a parcel of land i�to two ar more parcels, the
consttuction, rec�nstruction, c�nversion, stavctural attera�ion, relocation, or enlargement
of any buiidings, any use or chaage in use of any buildin.gs or land, any extension of any
�se af iand or any ciearing, grading, or other movement of land, or any manmade change
to impmv� or unimproved real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, Paving, excavating, drilling oPeratians, or
permanent storage of materials for which permission may be required pursuant to this
chapter.
District means a contiguous area of land for wlnch there are uniform regulations
governing the use of buildings and premises, density of development, yard r�uirements,
and height limitations.
Dock means a fixed or floating structure, including moorings, on or over
�ubm.er�ed lands. used for the nuriwse of berthine ' buovan� vesse . or for fishin�_
s�immin�. or vie�v'� the waterwav
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Drainage means the removal of surface water or groundwater from Iand by
drains, grading, or other means. Drainage includes the control of runoff to minimize
erosion and sedimentation durin.g and after development and in.cludes the means
necessary for water supply preservation or prevention or alleviation of flooding.
11
Drive-in or drive-through facility means aa establishment which by design,
physical facitities, service, or Packaging Procedure.s encourages or peimits customers to
receive services or obtain goods while remaining in their motor vehicles.
Driveway means th�t space specifically desigoa.ted and reseived on the site for the
movement of vehicles from one site to another or from a site to a public street.
Dual front means a building designed or constructed so as to present the
app�rance of having two fronts.
Dune means a mowid or ridge of Ioose s�diment, usually sand sized, deposited by
natural or artificial mesns, which lies laudward of the beach
Duplex means a singte-story or two-story building desigaed to accommodate two
faznilies living independently of each other. The building will bave two addresses,
kitchens, and eleetric and water meters.
Dwelling means any building or structure designed exclusively for residential
occupancy. It shall be deemed and construed to include both � main portion of such
structure and all projections thereo� such as windows, bays, exterior chimneys, covered
porches, or porticoes, including any garage.s or car��orts incorporated within or formi.ng a
part thereof, but shall not include the eave.s of such structiu�es, or any open patio, or any
uncovered porch, stoop or steps. A dwelling may be designed and built for the use of one-
family or multiple-f�nily occupancy, but it does not include a hotel, club, motel,
boardinghouse or lodging house, or automobile, house trailer, or recreation vehicle,
whether such hailer or velucle is mobile or loc�ted in a stationaty fashion on blocks or
other foundation.
Dwellin� attache� means one wlrich is joined to another dwelling at one or more
sides by a garty wall.
Dwellin� detached means one wluch is entirely surmunded by open space on the
same lot
Dwedling, group, means a group of two or more one-family, two-family, or
muttiple dwellings occupyi.ng a lot in one ownership and having any yazd in common
Dwelling, multiple, means a building or portion thereof used for occupancy by
three or more families in separate indeP�� �� P���S P��ent provisions for
living, sleeping, c�oking, eating and sanitation. The t�m includes condominiums,
apartments, group homes and row houses, but excludes townhouses.
Dwellin� row, mea.ns a mw of attached or semiattached one-family dwellings or
two-family dwellings, containing a total of three or more dwelling units, or a building in
such a row.
Dwellin� single family, means a building designed for or occupied exclusively by
one family.
Dwellin� two-fmnily. See �}uplex.
Dwelling unit means one or more rooms in a residential building or residential
partion of a building, which are azranged, designed, used or intended for family purposes
and wluch include lawful cooking space and iawful sanitary facilities reserved for the use
of the single-family occupants thereof.
Easement means authorization by a property owner of the use by another and for a
spe,cified purpose of any designated part of his pmperty.
E,�''iciency unit. See Apartment, ef}'iciency.
12
Elevated building means a�ea� building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter wa11s,
Pilings, columns (posts and giers), shear walls, or breakaway walls. �levatsd buildings
� not h�ve basements.
Elevation means:
(i) The vertical distance above or beiow a fixed reference level; or
(2) A fl�t scale drawing of the froirt, rear, or side of a building or str�act�ue.
Eminerrt domain means the authoriiy of the village or other gov�rnment agency to
take, or to authorize the tal�ing o� private property for public vse, with just compensation
to the owaer.
Engineer, registered (civil}, means a pmfessional engineer registered by the state.
Enlargement and to enlarge. An enlargement is an addition to the floor area. of an
existing buildi.ng, 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. To enlarge is to make an
enlargemen�
Erect means to build, const�vct, attach, hang, place, suspend, or a�x, and shall
also include the attachment of wall signs.
Erosion means the de�chment and movement of soil or rock fragments by water,
wind, and/or gta.vity.
Establishmeret means an economic unit, generally �t a single physical Iocation,
where business is conducted or services are offered.
Facing and surfcrce mean the sutf'ace of the sign upon, against, or t]usough w�ich
the message is displayed or illustrated on the siga
Family means one or more persons related or wnrelated by blood, mazriage,
adoption or guardianship, occupying a
dwelling unit and living as a single housekeeping unit in a dwelling.
Financial institution means establishments such as, bu# not limited to, banks and
t�vst companies, credit agencies, investment campanies, brokers and dealers of securities
and commodities, security aad commodity exchanges and brokers, and other similar uses.
F7ea market means an occasional or periodic sales activity held within a building,
structure, or open area. where groups of individual sellers offer goods, new and used, for
sale to the public, not to include private garage sales or special indaor/outdoor events,
i.e., cultural events, arts and crai�s fairs or bazaars and charitable events.
Flood and floading mean a general and temporary condition of partial or complete
inundation of normally dry land. areas from:
(1) The overIlow of inland or tidal waters.
(2) The unusual and rapid accumulation or nmoff of surface waters from any
source.
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Floor area See Net floor Qrea, Gross floor are� Gross leasabde area, Ground
ftoor area.
Foster care facility means a licensed (i.e., by the state department of health and
rehabilitative s�rvices) residential unit, othervvise mee�ing the requirements of this
chapter, where a fami�y living environment is provided for individuals unrelated by blood.
or legally to the householder. The total number of residents within the facility, including
permanent occupants and foster care occupants, shall not exaBed 1.01 persons per mom,
excluding batt�moms, kitchens and utility rooms.
Frangible wall. See Breakaway wall.
Frontage means all the properiy on one side of a dedicated public street or place
between two intersecting dedicated public streets or places measured along the line of the
dedicated public street or pla�ce, or if the dedicated public sireet or place is de�d-ended,
then a11 of the property abutting on one side between an intersectiag dedicated public
street or place and the dead-end of the dedicated public street or place. The term also
includes dedicated ingress-egress easements when used for the on�y means of access.
Full-service fued startion means a retail establishme� which primarily sells,
dispenses and installs autamotive fuels and lubricants and products. Such establishme�s
ma.y include the sale of typical convenience store items, but must sell and install tires,
bgtteries, lubricants, similar accessories and produ�ts, and perform minor repair wark and
services in order to maintain. its definition, classification, and regulation as a full-service
fuel station.
Funeral home means a building used for the preparation of the de+ceased for burial
and the display of the deceased and ceremonies conn� therewith before burial or
cremation
Garage means a building or porti.on thereaf other than a private or storage garage,
designed or used for equipping, servicing, repairing, or storing motor-driven vehicles
intemally �d enclosed within the building.
Garage apartment means an accessory buildi.ng w}uch contains living facilities
for not more than one family, and a private garage for one or more automobiles.
Garage, parlEin� means a building or portion of a building, or area beneath a
buildin� or structure, except those described as a private gazage, used for the parking only
of automotive vehicles.
14
Garage, private means a building or space used as an accessory to or a part of a
main building peimitted in any residence district, and providing for the storage of motor
vehicles and in which no business, occupation or service for profit is in any way
conducted.
Gas station means a retail establishment which sells automotive fuels, oils and
lubricaats only, with no sale or installation of tires, lratteries or similar accessories. A
gasoline station is not a full-service fuel station or a convenience store. (For add.itional
reference, see also Futl-service f�rel station).
General service a�td revair meanc a cervicp �tAl,l;chment .,y��i �nrovides for th e
_ n-off of household i _ to be ren�„e� or otherwise serviceci. such as com�
Se�vicin� ce1lL�ei telBDhoIIe rensiir nr vacuum �leBII�t TeDait Th term does a�t ;ncl �d�
s�rvice or renair of maior aun i�ces lawmm�werc nr n her cimilar cmal �p�e i
Governmental u�e means public land azeas and facilities which are utilized for
daily adminis�tion �nd operation of governmen.t business wlv.ch house personnel,
recards, equipment and the like belonging to the local, county, state, or federal
government, or special district or agency.
Grade means a reference plane representing the average finish� ground level
adjoining the building at all exterior walls.
Grade, highest adjacent. See Highest udjacent grade.
Greenhouse means an enclosed building, permanent or partable, which is used for
the growth of small plants.
Gross acre. See �icre, gross.
Gross floor area means the sum of the total areas taken on a horizontal plane of a
floor or several floors of a buitding measured between the outside face of the exterior
walls, exclusive of areas open and uaobstructed to the sky. G2oss fl�r mea is used by the
village for determining valuation for the issuance of a building permit
Gross leasable area (GLA) means the total floor area desigaed for tenaut
occupancy and exclusive use, including basements, me�an;nes, and upper floors, if any,
expressed in squaze feet and measured fram the centerline of joint parkitions and from
outside wall faces. GLA is all that area on which the tenants pay rent; it is the area
producing income, and is the square footage amount used. by the village for determining
required parking area. GLA includeg all are�as iess common areas (see Common area).
Ground coverage. See Lot coverage.
Grvurrd floor area means the square foat azea of a building within its largest
outside dimensions, exclusive of open po�hes, breezeways, teaaces, garages, exterior
stairways, secondary stairvvays, and drive-through teller lanes or walk up windows of
financial institutions only. Crrouad floor area. is the total area used by the village in
determining the percentage of Iot coverage.
Group home means a dwelling unit licensed by the state depa�ctment of health and
rehabilitative services which provides a living environmelrt for six or fewer residents,
which may be unrelated, who functi.on as a fa�uly living unit, inciuding such supervision
and care with supportive staff necessary to meet physical, emotionat and social needs of
the residents.
Health care facility or rnedical or dental o,�tce means providing health care
service.s to the public by physicians, dentists, chiropractors, osteopaths, physical
therapists, n��rses, acupuncturists, podiatrists, optometrists, psycluatrists, (who are also
15
known as health care pra�itioners) or others who are duly licensed to practice their
respective medical or dental profession in the St�e of Florida, as well as others, including
but not limited to technicians and assistants, who are acting under the supervision aad
cantrol of a licensed health care practitioner.
Height of building or structure. See Buildin� height of.
Highest adjacent grade means the highest natural elevation of the ground surface,
prior to construction, next ta the proposed walls of a struciure, if the finished grade is
level. If the finished grade is not entireiy level, the grade shall be determined by
averagin.g the elevation of the ground a# each face of the building, or as otherwise
determined by the building official.
Highway means a major arterial roadway or thoroughfare with intersections at
grade and direct access to abuarn8 P�P�Y, P�Y designed for through traffic, on a
continuous route, and not having access control {example: U.S. #1).
�Iospital means a facility licensed by the state providing primazy health services
and medicat or sucgical care to Persons, primarilY inpatiients su�ering from illness,
disease, injury, deformity, other abnormal physical or mental conditions, chemical or
substance dependency or abuse, and including, as an integcat part of the institution,
related facilities such as laboratories, outpatient facilities and txaining facilities.
Hotel means any building principally containing sleeping nooms in which
transient guests are lodged with or without meals, with no provisions made £or cooking in
any individual room or suite. Such facility may have one or more dining rooms,
restauraats or cafes as acxessory uses. Such facility also would, struc,�turally, and for
purposss of safety, be oblig�. to conform to the laws of tlie state regulating hotels.
Housing conditio»s includes conditions as follows:
(1} Standard condition means a residential stnu�ture meeting atl mini.mum
staudards for basic equipment and facilities as set forth in the Standard
Housing Code, latest adopted edition
(2) Substandard corldition means a residential structure which does not meet
all mi.nimum standards for basic equipment and facilities as set forth in the
Standazd Housing Code, latest adopted �ition, and where the costs of
reh�bilitation, renovation or code compliance are valued at less than SQ
percent of the assessed value of the structure.
{3) In need of replacement means a residential structure which does not meet
all minimum stan.dards for basic equipment and facilities as set forth in the
Staudard Housing Code, latest adopted edition, �nd where the costs of
rehabilitation, renovation or code compliance are val�d at greater than SQ
percent of the assessed value of the structure.
Illuminated sign means any sign wluch has characters, letters, figures, designs or
outiine illuminated by electric lights, or from a remote position
Impervious surface. Impenrious surfaces are those which do not absorb wa.ter.
They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of
concrete or asphalt
Improvement means any building, structure, piace, work of art, or other object
constitu�ing a physical betterment of real properiy, or any part of such betterment
Improvement, substantial. See Substantial fmprovement.
16
Incombustible material means any material which will not ignite at or below a
temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that
temperature.
Incompatible use means a use which is incapable of e�sting in hannony with
other uses situated in its immediate vicinity.
Indoor amusement means establishments engaged in providing enfiertainment
indoors for a fee or admission charge, including such activities as bowling, pool,
billiards, or arcades which feature coin-operated or token-operated devices, such as
pinball and video games, with three or more devices.
Indoor storage means the keeping of any goods, materials, merchandise or
supplies as an accessory use to any retail, office, or service use. Any retail, ofFice, or
service use shall not devote more than 35 percent of its gross floor area to indoor storage.
Institutional use means a nonprofit corporation or a nonprofit establishment for
public use.
Intent means the objective toward which any section of this chapter strives or for
which it exists.
Intersection means any street or public way or court which joins another at an
angle, whether or not it crosses the other.
Kindergarten, pre-schoal, means a school designed to provide daytime care or
instruction for four or more children from ages two to five years, and operated on a
regular basis for the purpose of serving as an orientation for school by accustoming them
to a new social environment through varied experiences planned to develop manipulative
skills, motor coordination, and social awareness.
Kitchen means a space used or designed to be used for the preparation of food.
Kitchen, central, means a common space used or designed to be used for the
preparation of a large quantity of food to the tenant population of the esta.blishrnent in
which such common kitchen is located.
Landscape plan means lans and drawin�s showin� the location of buildin�s
structures nedestrian trans nortation or environmental svstems and the detail for
placement of site amenities accessibilitv comnonents nlantin�s and other tan�ible
obiects. Plans shall include installation details for nlant materials soil amendments
mulches. ed�in� and other similar materials Plans sha11 be numbered dated North
arrow indicated scaled and sealed bv an annronriatelv licensed nrofessional where
reouired bv Florida Statutes Chanter 481. Part II. �*°;�°� �U°*�� +� °�^�° ;�� *��
� , .
Landscape strip means a strip of land along the perimeter of the site containing
trees, barriers, ground cover and/or other plant material.
Landscaping shall consist of anv combination of livin� nlants (such as grass.
�round cover_ shrubs. vines. hed�es, or treesl and non-livin� landscat�e material (such as
rocks. nebbles, sand. mulch��e�ees: or decorative vaving materialsl. Non-livin�
lan�scane material shall not be used as maior landscane eround cover In no case shall
these materials exceed 10% of the landscaned area
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17
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Afl;T1Taa 'fAT iTA�.1/ta�n1 �� -'� - 1 •� �� e..s i'� �..f. .t ..L '* -- �
Laundromat means . an est�tblishment Providing washing, drying or drY cleaning
machines on the premisss for rental (self servicel use to the general public for family
laundering or dry cleaning purposes,
Laundry means a�-se�es-ea� service establishment which provides for the
dmp-off of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or
repaired with no machines or equipment for the dyeing of same, and sp�cifically no
machines or equipment available for self-service directly by the consumer.
Loading spnce, o,,�`'-street, means an off-�treet loading space not less than 12 feet
wide and 50 feet lang, and having a minimtun vertical clearance height of 14 feet,
exclusive of access aisles and drives, for the shortterm pazking of a vehicle wlule Ioading
or unloading merchandise or materials.
Lot means a parcel of land occupied or to be occupied by one main building or
buildi.ngs and their accessory buildings with such open an.d parking spaces as may be
required. by provisions of this chapter, and having their principal frontage upon a public
or pr�.vate �
Lot area means the area contained within the bouadary lines of a lot
Lot, building, m�ns land oc.�upied or to be occupied by a building and its
a,ccessary buildings, or by a dwelling grouP and its accessory buildings, together with
such apen s�ces as are required under the provisions of this chapter, having not less than
the minimum area and width required by this chapter for a lot in the district in which such
land is sitaated, and having its priacipai frontage on a street or on such other means of
access as maY be d�e�ined In accordance with the provisions of the law to be adequate
as a condition of the issuaace of a building permit for a building on such l�d.
Lot, corner, means a lot abutting two or more streets at their inteisection
Lot coverage means that portion of the area of a lot, plot, or building site,
expressed as a percentage, occupied by all buildings or structures wluch are roofed or are
otherwise covered, exclusive of its eaves, and any portion of such building covered by a
mof which qualifies as open spr�ce or any covered tezrace, balcony, breezeway or porch
or portion thereof not included in the floor atea of a building shall be iucluded in iot
coverage. For example, a lot containi.ng 10,000 square feet has principal and accessory
buildings planned or existing whase ground-floor area (footprint) is 2,500 squaze feet;
thus lat coverage is 25 perceat Unscreened patios or swimming pools sha11 not be
considered in computing lat coverage. Screened-in pools or patios sl�all be considered in
computing Iot coverage, but shall be computed as only 50 percent of their actual
coverage.
Lot depth mesns the me�n horizontal distanc� between the froat lot line and the
rear lot line of a lot measured within the lot boundaries. For the R 3 zoning district only,
the definition for lot depth is as follows: A minimum Io# depth of 20Q feet, existing on
tha.t portion of a lot where the foundation for primary or accessory strucfiues is to be
constructed, is required before building permits will be issued in the R 3 disfric�t. Lot
depth is defined as the mean horizontal distance between the front lot line and the rear lot
line of a lot meas�u�ed within tb.e lot boundaries. The terna "primary ar accsssory
struc�ttue" sha11 not include walls, pa.ved parking or decorative features. The
1$
d��termin�tion of minimum lot depth shatl not include submerged l�ds, conservatian
eas�ment areas, protected wetlands, or similar environmentally protected areas.
Accessory structures not exceeding ten f�t in height may be constructed on lots with less
than the minimum lot depth, with approval af the village council.
Lot frontage. The front af a lot shall be construed to be the portion neazest the
street. For the purposes of detennining ygrd requirements on corner lots and through lots,
a11 sides of a lot adjacent to streets sha11 be considered frontage, and yards shall be
provided as indicated under Yards in this section.
Lot, interior, means a lot other t� a corner Iot
Lot line means a line bounding a tot which divides one lot from another or from a
street or any other public or private spac�.
Lot line, rear, means that lot li.ne which is parallel to and most distant from the
front lot line of the lot. In the case of an in�egular, triangular, or gore-shaped. lot, a line 20
feet in lengfih, entirely within the lot, pazallel to and at the maximum possible distance
from the front line shall be considered to be the re�ar lot line. In the case of Iots which
have front�ge on more than one road or s�lxeet, the rear lot line sha11 be opposite the Iot
line aiong which the lot takes access to a street.
Lot line, side, means any lot iine other tl� a frout or rear lot line.
Lot line, street, in the case of a Iot abutting only one street, means the street line
separating such lot from such street. In the case of a double frantage lo#, each street line
separating such lot from a stree# shall be considered to be the fro� Iot line, except where
the rear yazd requirement is greater than the front yard requiremeat in which case one of
two opposing yards shall be a rear yard.
Lot of record means a part of the laad subdivision, the map of which has been
rec;orded in the office of the clerk of the court of the couaty.
Lot split means the subdivision of a single lot or parcel of land into two lots or
parcels.
Lot, througl� means a lot, other than a corner lot, having frontage on more than
one sireet,
Lot width means the mean horizontal distance between the side lot line measured
at right angles to thos� side lot lines at the building line. R�here there is only one side lot
line, lot width shall be meas�d t�tween. such lot line � the opposite lot line or future
right-of-way line.
Lounge m�ns a building, or portion of a buitding, wherein alcoholic beverages
are sold by the drink and consumed on the premises. Mav alsa be referred to , a bar.
Main building. S� Building, prirecipal.
Major structure. See SYruciure, major.
Maneuvering space means the unobstcucted area needed for a t�uck to back in a
single movement directly from the access street into a loa�din� space, the depth of which
is measured perpendicular to and from the front of the laading space to the curb side of
the most remote traffic lane in the access street.
Manufactured home means a siructure, transportable in one or more sections,
which is e�igh,t feet or more in width and greater than 400 sauare feet and wluch is built
on a permanen chassis and � desigaed o� �e-� with or without a
permanent foundation when attached connec#ed to the required urilities. The term also
includes trailers, travel trailers, and similar transportable structures placed. on a site for
19
180 consecutive days or longer and intended to � impmved property. e term does no
' 1 P a"recreational ve ici " or "nark trai]_er."
Manufactured housing. See Manufactured home.
,
, .
Map, o,,�`'rciad zoning. See O�cial zoning map.
Marirla facilities includes facilities for wet storage and the docking of pl�re
crafts for residential purpases. Marina facilities may inciude a marina, boat dock and
yacht club. The yacht ciub may provide a res#aurant, loimge, ships chandler and other
club facilities as an accessory use to the marina, baat dock or yacht club facility. Marina
faciiities are allowed only as special exception in R 2 and R 3 multipl�family dwelling
districts, for properties within such zones which are contiguous to the Intcacoastal
Waterway, subject to the regulations and restrictions of the zoning district and the
requirements for special exceptions.
Marquee. See Canopy.
Massage means the manipulation of the superficial tissue of the human body with
the hand, foot, arm, or eibow, whether or not such manipulation is aided by hydrotherapy
or thermal therapy, or any electrical or mechanical device, or the application to the
human body of a chemicat or herbai preparation
Mean high water me�s the avezage height of the lrigh waters over a 19-ye.ar
period, or, for shorter periods of observation, the average height of the high waters atter
con�ections �re applied to eliminate known variations and. to produce the resutt of the
equivalent of a mean 19-year value. Alternatively, mean high water may mean the
average height of the lugh waters as established and accepted by the U.S. Asmy Corps of
Engineers.
Mean high-woter line means the intersection of the tidal plane of inean high water
with the shore ar canat edse.
��:e�
Mean law water means the average height of the low vvaters over a 19-year
perio+d, or, for shorter periods of observation, the average height of the low waters after
con�ctions are agplied to eliminate known variations and to produce the result of the
equivalelrt of a mean 19-year value. Alternatively, mean low water may mean the average
height of the low waters as established and accept� by the U.S. Army Corps of
Engineers.
Mean water level line means the inters�ction of the tidal plane of ineaa low water
with the shore or c edge.
Mean sea level (�LSL) means the National Geodetic Vertical Datum (NGVD) of
1929, or other datum, to which base flood elevations shown on the flood insurance rate
maP (FIRM) are referenced.
Microbrewery means a small, independentiy owned brewery that produces limited
quantities of specialiaed beers for consumption on the premises, or for sale in packages
for later consumption offthe premises. 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.
Minimum living area means the area within the outside perimeter of the exterior
walls with no deduction for cx�rridors, stairs, closets, thickness of walls, columns or other
20
feat�ues, exclusive of areas open and unobstructed #o the sky, and not include garages,
ca�ports, open porches, open breezeways, or store rooms, or screened-in porches, or
basements.
�nor structure. See Structure, minor.
M'�aced-use disirict. Mixed-use districts are urban or suburban areas physically
understood and limited in size where there are residences, shops, workplaces, and places
in which streets serve the needs of the pedesirian and the automobile equitably; areas
pmviding parlcs and plazas for informal social activity and recreation; azeas in which
private buildings form a cle�r edge between the pubiic and the private realms; and pia�es
where civic buildings and �uares reinforce the identity of the aeighborhood.
M'rxed-use zoning means zoni.ng which permi.ts a combination of usually separated
uses within a single development.
Mobile home. See Manufoctured home.
�.,Le e.� F .N.
� �
-e� , ..:1.... «.7e� 1 � � S+ j .i A.�1. _
a
Motel means a building � or group of buildings which cozrtain sleeping
accommodations for transient occupancy, and which has individual entrance.s from
outside the building to serve each such sleeping unit No provisions shall be made for the
cooking in any individual room or suite of rooms. Motels may have one or more din.ing
rooms, restaurants or cafes as accessory us�s.
Mator home. See Recrer�tiortal veh�cle.
Motor vehicle dealer means the use of any building, land azea or other premises
for the display and sale of new passenger motor velucles, including repair facilities, rental
facilities and the carrying of stock for replacement parts, tires, batteries and sutomotive
accessories. The sale of ussd motor ve}ucles shall onty be permitted. as an accessory use
to new motor vehicle dealerships. The sale or rentai of used motor vehicles as the
principal primary p�rpos� or fimction for which any building, laad area or premises is
utilized is prohibited. A motor vehicle dea€er must be in possession of a state department
of motor vehicles franchised motor vehicle dealer license.
Mulhpte family dwelling Sce Dwelling, mulh'ple.
1lfuseum means a no�profit noncommercial establishment operated as a repository
or a collection of nature, scientific, ar literaty curiosities or ob}ects of interest or works of
azt, noi including the reguiar sale or distribution of tt� objects collected.
National Geodetic Yertical Datltm (N�T�D), me�� a��c datvm network
Jitshed bv the National Oceaai� aad Atmosnheric A in stration (NOAA) and
uentiv referred to as the 1929 Mean S� Lev_el Datu� as adiusted es-eer�eete�
�
��ee�.
Net floor area mea�ns the area actually occupied, not including a�ccessory
unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toiie�t
rooms, mechanical azeas, or other similar features.
New construction means siructures for which the start of constrnction commen.ced
on or after ths effe�tive date of the ordinance from which this chapter is derived.
21
Nortconforming use means any building, slruc#iu�e, or land lawfully occupied by a
use at the effective date of the ordinance from wluch this chapter is derived or at the
effective date of an amendment thereto which does not conform after the passage of such
ordinaace or amendment with the use requirements of the district in which it is situated.
Nonhabitable major structure. See Structure, nonhabitable major.
Nuisance meaa�s the use af property or caurse of conduct that interferes with the
legal rights of otbers which shall c�use damage, annoyance, or inconvenience, or tend to
injure the health, safety, or morals of village residents.
Nursery means an enterprise, establishment, or portian thereof which conducts the
retail or wholesale sale of plants grown on the site, as well as accessory items (but not
power equipment such as gas or eleetric lawnmowers and farm impleme�ts) directly
related to their care and main.tenance. The accessory items normally sold include items
such as c1aY Po�, Po� soil, fertilizers, insecticides, hanging baskets, rakes, and
shovels.
Nursing, corivalescent extended care facidities means a building, or a group of
buildsngs, where for compensation pursuant to the previous arrangement, care is offered
or provided. for three or more persons suffering from illness, other than a contagious
disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to
r�uire haspital attention, or for three or more persons requiri.ng further institutional care
after being discharged fram a hospital, other than a mental haspital.
Occupancy pertains to and is the purpose for which a building is used or intended
to be used. A change of occupancy is not intended to include a change of tenants or
P�Pnetors.
O,,�icial zoning map means #he graphic document bearing the official seal and
signature of the village, which depicts the geograpluc iocation of zoning districts, is
formally adopted as a part of this chapter, and is refened to as the Village of Tequesta
Official Zoning Map.
Of,�`=street parking means the minimum off-s[reet, on site parking of vehicles
which shall be provided under the appmpriate terms of thi.s chapter.
�
� •
On site means }�ated. on the lot in question, except in the context of on-site
detention, when the term means within tbe boundaties of the development site as a whole.
Open space means that part of a lot, including courts or yazds, which is open and
unobstructed and is available for entry and use from its lowest level to the sky, and is
available for entry and use by the occupants of the buildings on the premises and may
includ.e space located and treated to enhance the amenity of the development by
providing landscaping and/or screening for the beeaefit of the occupants or neighboring
areas. Open space may include water surfaces that comprise not more than ten percent of
total apen space; however, , required parking shall not be
computed as required open space.
22
Open storage. See Storage, op�n.
Outbuilding means a separa,te building or accessory structure not physically
connected to the principal building.
Outdoor sale means the selling of any govds, material, merchandise, or vehicles,
for more than 24 hours, in an area open to the sky andlor visible from adjacent properties
or rights-Qf-way.
Quiparcel means a tract of land of any size or dimension wlrich is not included in
a land development proposal or site plan and is specifically indicated as such on the
proposal or plan.
P�king lot means an off-street facility used for the storage or parking of motor
vehicles ta provide an accessory service to a commercial, industrial, or residential use.
�arty wcrll means a wall used or adapted. for joint service between two buildings
or units.
Perf'ormarrce guarantee means a financial guazantee to ensure that a11
improvements, f�cilities, or work required by t�is chapter will be completed in
compliance with this chapter, other regulations, and the approved plans and specifications
of a development.
Personal servaces means establishments primarily engaged in providing services
that involve the care of a person or his appeatance. Such services may include, but are not
necessarily limited to, beauty parlors, shops or salons, barbershops, massage parlors,
�sonal in� �d fitness ��s_ or any sim%lar use tl�ax does not involve the sale of
any retail product.
Pier shall have the same mPA*±;n� as "dock"
- - �
�se, •�. � � �.;..
__ .._ .. . __ , , , , , , �-, ---
Pla�e of assembly means a building, portion of a building or other site in or at
wluch facilihes are provided for civic, fraternal, educational, political, religious, culturai
or social puzposes. As set forth more fully in article VI, schedule of district regulations,
division 2, schedule af use regulations, pla�ces af assembly are generally permissible
throughout the village pursuaat to the following table:
Places of Assembl Tabie
Use Building R-lA R I R Z R 3 C-1 C-2 C-3 MU R/OP
Capacity Sq. Ft.
A Places of assembly Max. 750 sq. ft. SE SE P p p P p p' SE
B Places of assembly Max.1,50t} sq. ft. SE SE SE SE SE P p p� SE
C Places of assembly Min. 1,515 sq. ft. SE SE SE SE SE SE SE SE SE
P�'ermitted uses. SF,�pecial Exception Uses.
Notes:
1. Piace of assembly shall be within a separate, freestanding building in C-1,
G2, C-3 and MIJ zoning districts.
Plmmed mixed-use development (PMUD) means a unified development process
tl�t � a mixture of land uses to develop in a creati.ve, vital and diverse way.
Residential, commercial and public buildings and facilities aze the primary uses in this
development approach. Neighborhood identity is emphasized in mixed-use areas and
23
responsible use of the environment and natural feahmes is required All modes of tra�c,
including vehicular, pedestrian, and bicycle, are integrated in.to and connect various uses.
The mix and intensity of uses and the property development standards (with the
exception of building height which is limited to a maximum six stories or 84 feet) can be
fully negotiat� with the village to pmyide optimum development flex�bility in mixed
use areas.
Plat means a map, plau or layout of the village, sectioa or subdivision indic�ting
the location and bounaaries of individual properti�.
Plot means a parcel of ground containing mo� than one lot upon wlrich a building
and its accessory buildings have been or may be erected.
Porch, open, meaas a roofed open structure pmjecting from the ouYside wa11 of a
building without window sash or any other form of penn�anent enclosure.
Premises means land and a11 buildings and struct�u�es thereon
Pre-school focility means an educational center or establishment, including
kindergarten, which provide.s primarily instruction, supplemented by daytime care, far
four or more children between the ages of two and seven years, and which operates on a
regular �basis.
Principal building. See Buildin� prirrcipal.
Prirrcipal use. See Use, principal.
�
�
�ae�eat�e�
Private dock means a dock or pier which is used for the private leisure purpa►ses
of the residents of a singie-�amily or multi�amily dwelling unit located on a contiguous
riparian parcel and does aot pmduce income.
�ate garage. See Carrave nr�to.
Professional o,�ece means the oi�'ice of a person engaged in any occ�tion,
vocation, or calling, not purely commercial, mechanicai, or agricultural, in which a
professed kaowledge or skill in some department of �;ience or learning is used by its
practical application to the affairs of others, either advising or guiding them in serving
their interest or welfare through the practice of an art founded thereon. This definition
do� not include � offices nor does
it include health care facility or medical or dental affices.
Professional service means the conduct of bvsiness in any of the followiag related.
categories: architectural, engineering, planning, law, medicine (including health care
facilities and medical or dental offices), music, art, interior design, dentistry, accounting,
insuraace, real estate, finance and securities investments and. any similar type business.
This definition does not include n�' office.s
�•
Public agency means any government or governmental agency, board,
commission, authority or public body of the viltage, the county, the sta�e, or the Uniterl.
States government, or any legally constituted district.
Public buildings and facilities means any building heid, used, or controlled
elcclusively for public purposes by any department or branch of governme�t, federal,
state, couaiy or municipal, without reference to the ownership of the building or land
24
upon which it is situated. ' defiaition includes "oubLclv own co m�irtv
1 �� --
Public improve»tent means any improvement, faciliiy, or service, together with
custommy impmvements and appurt,enances thereto, necessary to pmvide for public
needs, such as vehicular and pedestrian circulation systems, storm sewers, flood. control
improvements, w�ter supply and distribution facilities, sanitary sewage disposal and
treatment, and public utility and energy services.
Public use means the use of any land, water, or building by a public agency for
the general public.
Public utility includes any publicly ar privately owned utility, such as, but not
limited to, storm dra,inage, sanitary sewers, eleetric power, water service, gas service, and
telephone lines, whether underground or overhead.
Raidroad right-of-way means a strip of land with tracks and auxiliary facitities for
tra,ck operation, but not including freight depots or stations, lo�ding platforms, train
sheds, warehouses, caz or locomotive shops, or car yazds.
Railway station Most pedeskrian pocket oniiriances provide a reserved site for the
location of a railway sttttion under "Transportation Building." These are buildings for
pass�nger mobilization, and food services, and premises for the repair, assembly or
fabrication of artifacts ma.y also be allowed as complementary fuactions within the same
struct�re. It is not intended as a plastic tezminal building of the kind found in most
suburban bus stations but as a permanent structure that dignifies our existence.
Recarded lot. See �ot of record.
Recreational vehicle means a vehicular type unit primarily desigaed for
recreational, camping, or travel use, wluch either has its own motive power or is mounted
an or drawn by another velricle. The basic entities are travel trailer�, camping irailer��
truck campers� � ea� motor home� boats,__�at tsailers_ rniwate motor coaches.
i tr�ers fLftt� wheel trailers and atl-teaain vehicles (ATVs).
Recreation/open space use means any privately or publicly owned �ssive or
active P� P�Y��� golf course, access easement, beach, parkway, or other
recreation areas and open space as well as areas designated as such in the recreation/open
space zoning district.
Redevelopment, major, means alteiation, extension, enlargement or renovation of
50 percent or more of an e�cisting development or pmject.
Redevelopment, minor, means alteration, extension, enlargemeat or renovation of
less t�: 50 percent of an existing development or project.
Rehabilitation facility means a private State of Florida licensed facility that
provides rehabilitation care for �ti.ent� who are eighteen years of age or older. The
pri.mary purpas�e of a rehabilita�ion facility is to provide treatmeat for drug and alcohol
addiction and eating disorders; however, the rehabilitation facility must be a dual
diagnostic facility sta£fed and equipp�i to pravide treatment for co-occurring disorders.
Rehabilitation facilities may also provide programs that promote health, wellness and
overall lifestyle enhaacements for their residents. Rehabilitation facilities must provide a
structured residential living environment which includes the following features: 24ho�r
on-site security; 24-hour patient supervision by licensed nursing staff; and quality of life
services such as swimming pools, garden aress, sport-cour�s, exterior patios ur sitting
25
areas, community living areas, meditation areas, fitness rooms, librazies, recre�tion
rooms, televisions, on site food preparation, aad telephone and internet service.
Rehabilitation facilities must provide rehabilitaf.ion csre by means of short teim c�re
treatment and extended care treatment as needed, and may also provide follaw up
treaiment an.d outpatient ireatrnent to curreat residentia� patieats of the Rehabilitation
facility, as well as a limited number of non-residential patients who ha.ve, at a minimum:,
successfully completed short terna care treatment at the Rehabilitation facility.
Rehabilitation facilities shall not offer any services for individuaL� with a history of
violent behavior or threats to the public health, safeiy and welfare or the health, safety
and welfaze of other patiems. The following definitions apply to the definition. of
rehabilitation facility:
(1) Rehabilitation care means diagnosis and treatment for drug and aiccx�hoi
addiction disorders, eating disorders and physical, behavirnal, mental or
emotional issues that are directly attributed to those disorders.
Rehabilitation care does not include emergency or medical detoxification,
which is specifically considered a prohibited use. Should a rehabiiitation
facility patiem require emergency or medical detoxification, this must be
completed a# an off-site facility prior to beginning rehabilitation care.
(2) Private m�s privately owned and fimded with no use of state or federal
(including Medicare or Medicaid) funds for the operation of the facility,
the treatment of patients, or research work that would require the
acceptance and treatinent of federally or state funded patients. Private
also means that the Rehabilitataion facility shall not accept third pariy
payments or reunbursements from health maintenance organizations or
from pre-negotiated in aetwork insurance plans for patient care. Partial
payments from out-�of-network in��nce plans may be accepted by the
Rehabilitation facility for pa�ient care so long as such partial payments are
not a pre-negotiated reduced amount meant to constit�rte full payment for
Rehabilitation care.
(3) Short-ter►n care means a program desigaed for a minimum residential stay
of 30 calendar days.
(4) Fxtended care treatment means an additionat 30 to 60 caiendar day stay in
re�idential treatment after completing the initial short teim ca�e residential
tre�ment Pmgram-
(5} Follaw-up treatmerit means a program designed for an additional one
week stay in residential treatment, subsequent to the previous completion
of the Short term care or E�ended care treatment program, and must
occur at the same facility where Shart-term care or Extended care
heafiment was received. Follow up ttc�.tment is for those patients who
ne�d additional structured follow up treatment that does not require the
clinical ixrtensity of the Short tenm or Extended care �eat program.
At any given time, Follow up treatment shall not account for more than
ten percent (10'�0) of the Rehabilitation facility's patient clientele. Follow-
up treatment can also be in the form of electronic correspondence or tele-
conferencing, and in such cases has no limit or rest�ictions regarding the
26
dv�ation of the care, the location of the trealment or the number of
P��iP�B P�ents.
(6) Quipotient treatment means a regimen of treatment that may include any
or all of the following service.s: group counseling, individual cow�seling,
relapse prevention counseling, and educational lecbu�es. Out�atien#
toeatment m�y be offered at the following levels: `�ay or Night with
Community Housing" wluch provides a minimum of 25 hours of service.s
per patient per week; "Day or Nigh�' which provides 12 24 hours of
services per patient per week, "Intensive OutpatienY' which provides 9-11
houts of services per patieirt per week; and "Oulpabent" which provides
less than 9 hours of services per patient per week. At any given time,
Out�tient treatment may only be pmvided to a maximum number of non
residential patients equivalent to five percent (5%) of the Rehabilitation
facility's cunent Short term care, Extended care and residential Follow up
treatment clientele. Outpatieat ireatment services can a� be provided to
the Rehabilitation facility's �tients who are cuirently r�eiving Short
term care, Extended caze or residential Follow up t�eatnnent, and in such
cases the number of participating patients is only limited. by the
Rehabilitation facility's residential occupancy limits as set forth at Sec.
78-180(ix 16).
(� Emergency or medical detox�cation means the elimination of toxins such
as alcohol or controlled substances fro�n the body of individuals who
require acute care and/or ma.y have serious heatth risks as a result of their
substance abuse. Medical or emergen.cy detoxification is performed uader
the direct supervisioa af inedical doctors and medic�l support sta�ff, and
may include the administration of inedication or tranquilizers in order to
ease the withdrawai process. Emergency or medical detoxi.ficafiion is a
prohibited use in a Rehabilitation Facility.
Residence. See Dwelling.
Residentiat use means use of land or stcvctures thereon, or a portion thereo� as a
dwelling place for one or more families or households, including residentisl rehabilitatian
facilities in the M[7 mixed-use district, but not otherwise including oc�upancy of a
tc�nsient nature such as hoteLs, matels, or timesharing rentals.
Restaurant. See Retail food establishment.
Restrictive, more (less). A regulation imposed by this chapter is more (less)
restrictive than another if it prnlribits or limits develapme�rt to a greater (lesser) exteat or
by means of more (Iess) detailed specifica�ions.
Retail food establishment means any fixed or mobile place or facility at or in
which food or beverage is offered or prepared for retail sale or for service. The definition
includes restauiaats, fast food restauraats, carryout restauraats and drive-in restaivants. A
cafeteria shait be deemed a r�staurant for purpos�s of this chapter.
(1) Restaurant means an establishment whose primary business is the sale of
food and beverages to patrons for consumption on the premises and whox
desiga and method of operation inciudes any of the following:
27
a, Patrons pla.ce their order at t�ir table from an individuai hand held
menu, which displays or describes the food and beverages
available to them.
b. Preparation, service and consumption of food and b�verages takes
place within a completely enclosed building ad.ia+cent outside
table 'ttin� area.�_ ..a.,� .,. �e..�..- o(� r „�,,;�� , . , + ,.� +i.a
�
c. Outside table dining is peimitted in areas permaaently designated
for such use, and �
', shall be in keeping with the exterior
architectural theme of the building �.d 1��QsAne them of th
� and in no way sha11 permit the consumption of food or
beverages within automobiles. i�t4i�ie table dinine areas shal
lv with all aimlicable fire and acc essib'Ltv codes. Outside
tab dinin� � shall � inch�ded '��rking and lot cover�QP
'ons For restaurants that are nart of a sho�L� center
(exci ��in ind�dent o rt�rcelel o,t�_M 'n¢ loca�d. on or
ad.iacent to 812v av chall nnt�exce� 2(l�/n n�e rectau�,nt'S
�t�ed s�a�in� canacitv: and outdoor seating lo in a
mman � hail nt3t exc�ed 3il��o of t�+� test$L�*�t's �ezmitt?�
seatin� ca�aciiv.
d. Food and beverages aze regularly serve.d. to patrons while seated at
their table by an employee of the establishment
(2) Fast food restaurant means any establishment whose principal business is
sale of faods, frozen desserts, or beverages to the customer in a ready-ta-
conswne state for consumption either within the restatuant building �
outdoor table di.nin� area. or for carryout with consumption off
the prrem�ses, and whose design or principal method of operation includes
any of the following characteristics:
a Food and beverages are ordered from a lim.ited menu posted in
si.gn form within the primary faod service buiiding or on the
�1ri1SC5.
b. Foods, frazen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other dispasable containers.
c. The consumption of foods, frozen desserts, or beverages within a
motor vehicle parked upon the
is posted as being
pr�lubited and such prohibition is strictly enforced by the
restau�caxeur.
d. The idtchen is in excess of 50 percent of the total floor area.
(3) Drive-in restaurant means any establishment where provision is made on
the premises for the sale of foods, frozen desserts or beverages to the
consumer in automobiles or primarily within a completely enclosed
building accommodating at least 90 percent of the establishment's
permitt� seatin� capacity and whose design, method of operation or any
portion of whose business includes any of the follovving characteristics:
28
a Food �nd beverages are ordered from a limited meau post� in
sign form within the primazy food xrv�ice building or on the
Premises.
b. Foods, frozen desserts, or beverages may be served directly to the
customer in a motor velucle either by a carhop or by other means
which eliminate the need for the customer to exit the motor
vehicle.
c. The consumption of foods, fmtiea desserts, or beverages within a
motor vehicle parked upoa the premises, or at other facilities on
the gremise.s autside the restaurant building, is permitted.
d. The kitchen is in exc�ss of 50 percent of the total floor area.
A restaurant which provides drive-in facilities of any kind in conneckion
with regular restaur�t activities sha1l be deemed a drive-in restaurant for
purposes of this chapter.
(4) Carryout restaurant means any estabiishment whose principal business is
the sale of foods, firozen desserts, or l�verages to the customer in a ready-
to-consume state, and whose design or method of operation includes any
of the following characteristics:
a. Foai and treverages aze ordered from a limited menu posted in
sign form within the primary food service building or on the
premises.
b. Foods, frazen dess�rts, or beverages are usually served in edible
containers or in paper, plastic, or o#her disposable containers.
c. The consumption of foods, frozen desser�s, or beverages within a
motor vehicle parked upon the premises, or at other facilities on
the premises outside the restaurant building, is posted as being
prohibited and such pmhibition is strictly enforced by the
resta.urateur.
d. The kitchen is in excess of 50 percent of the total floor area.
Retail sales and service means the selling of g�ds ia sma11 quantities directly to
the consumer in establishmen#s which pmvide a service or offer a product to the general
public. This includes a phatmacy wluch means a r�etail establishment primazily offering
goods for retail sale on-site dispensing of prescription dn�gs, nrnrprescription drugs or
both. A retail ph�rmacy may aiso offer accessory services such as photo processing,
eyeglass care, etc.
{1} Large scale retail sales and services means retail and/or service uses that
are regional. (beyond village limits} serving in nature as opposed to small
scale retail sales and services which are iocal (village) serving in nature.
Large scale retail sales and services are tenant areas or individually owned
units in excess of ��A9-square feet.
(2} Small scale retaril sales m�d service means retail and/or service uses thax
are local (village) serving in nature as opposed to large scale retail sales
and services which are regional serving in nature. Sma11 scale retail sales
and seivices shall not exc�d ��-588 square feet in gross leasable area
for each tenan# area ar individually owned unit
29
Retail sales area means the area in square feet devoted e�cclusively to the sale or
display of goods or commodities.
Right-of-way means a sheet, alley or other thoroughfare ar easement, wh�her
physically acce.s,sible or aot, wluch has been permanently established or dedicated for ihe
passage of persons or vehicl�. Tide to this land remains with the public or privaxe
agency until the need no Ionger exists.
Roadside stand means an area and/or structure, loca�l abutting but not within
any right-of-way or easement, with no space for customers within the shucture it�el� for
the display and sale of goods and commodities.
School means a glace for systematic instruction in any branch or branches of
kaowledge.
Seasonal high-water line means the line formed by the inters�ction of the rising
shore and the elevation of I54 percent of the local mean tidal ra�ge above meaa iug�
water.
Setf,service l� Se.e Laundromat.
Setback means the horizontal distance between the front line, side line, or rear line
of the building site to the front, side or reaz of the building or structure respectively.
Setback shali 1� measured perpendicular to and parallel with property or right-of-way
lines, except for pmperties abutting Country Glub Drive, wherein setbacks shall be
measured perpendicular to and parallel with pmperty or the reduced right-of-way line, as
measured from the point of intersection with the 15-foot restrictive easement applica.ble
to Country Club Drive.
Setbacl� centerline. See Street centerline setback.
, , .
Shopping center means a group of architectiu�ally unified commercial
establishments, otherwise allowed by this chapter, built on a site which is p�anned,
developed, owned and managed as an opeisting unit related in its locati.on, size and type
of shops to the trade area that the unit services.
Sign means any advertisement, annauncement, direciion, or communication
produced ia whole or in part by the consh�uction, ere�tion, affixing, or placing of a
structure on any land or water or on any other structure, produced by attaching on or
posting or placing any prin.ted, lettered, pictured, figured, or calored material on any
building, s�kructure, or surfac�. Signs placed or erected by governmental agencies ar
nonprofit civic associations for a public purpase in the public interest shall not be
included in this definition, nor shall this include signs which �re a part of the archi#e�al
design of a building. Every siga, ground sign, wall sign, rvof sign, illuminated sign,
proje�ting sign, temporary sign, �d sirest clock wluch shall include any affiouncement,
declaration, demonstration, display, illustration or insigaia used to advertise or promote
the interests of any person, when the same is placed in view of the general public, is
included in this definition.
Single family dwelling. See Dwelling, single famidy.
30
Site plan means a graphic and textural presenta.tion of a developmentat proposat
in accordance with the appropriate sections of this cha.pter.
Special exception means a use that would not be agpropriate generally or without
restniction throughout the zoning district, but which, if confrolled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety,
welfaze, morais, order, comfort, convenience, appearance, ProsPenfiY� or the general
welfare of the disirict and the community. Such uses may be permitted in such zoning
district as special exceptions, oaly if specific provision for such special �ceptions is
made in this chapter.
Start of corlstructio
�
ea� means the date Qf issuance of a bui �nQ �� for new c�s tn�ct�on and seibstantiat
DtovelriCIItS t9 istina strnefi,rea piOVi(�. '� �Chi81
start of construction, repair, reconsiruction, �abilitation additio� nlaceme�t or �
improvement was within 180 da.ys of the �ke of the issuance �e�e. The actual start
o construction means either the first placement of permanent construction of a bw�
�(including a manufactured home} on a site, such as the pauring of slabs or
footiags, �e installation of piles, � construction of columns, or aay work beyond the
stage of excavation or the placemeat of a man.� home on a fouadation. Peimanent
conshuction does not include land preparation, such as cleazing, grading and filling; nor
does it include the installation of str�ts and/or walkways; nor d�s it include excavation
for a basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main struct�ue.
ra ^^•,.,�., __.�._...,.++,. a�e ..�..���.+.. ..�� e � cc� �f�
� Ywavwaaa� w
Storage, oper� means the safekeeping of any goods or products in an unoccupied
space open to the sky for eventual removal aot expected within 72 hours, or for
continuous replacement by same or similaz goods or products.
Story meazis that portion of a building included between the upper surface of any
floor and the upper surface of the floor or mof next above, or if there is no floor above it,
the spa�e between the floor and the ceiling above it
Street means any public or private tharoughfare which affords the principal means
of access to abutting properly. It may be designated on the map as a street, avenue,
boulev�rd, drive, place, court, road, tenace, way, circle, lane, wallc, path or otherwise.
Sireet csnterline means the line midway beiween the street right-of-wa.y lines of
the surveyed and platted centerline of a street, which may or may not be the line midway
between the exis�ting right-of-way lines or �vemen#.
Street centerline setback means the minimum distance measwred from the street
centerline required. for the preservation of existing right-of-way and firture right-of-way
expansion.
SYreet intersectior�. See Intersection.
Street line me�ns the line between the street �d abutting property, also refen+�. to
as right-of-way 1ine.
Street iree means landscape plantings located along or withia rights-of-way,
which are conducive to the aesthetics and safety of the right-of-way.
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SmicturaX alteraiion means any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any substantiai change
in the roof or in the exterior walls, excepting such repairs or replacem� as m�.y be
requir�. for the safety of the building.
Stiwctural trim means the molding, battens, c,a�ping, nailing strips, iatti.cing, and
platforms which are attached to the sign structure.
Structure means a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid stora�e tank, or other manmade facility or
infrastivcture, or that which is built or constzuct�d; or an edifice or building of any kind
or any pi�e of work aztificiall.y built up or composed of parts joined together in some
definite manner. This includes but is not li.mited. to platforms, radio towers, sheds, storage
bins, tents and clisplay signs. Fences and walls of less than t�ree feet in heig�t and
walkways and ather Iandscaping elements such as bird.baths, fountains and like items of
less than three feet in height, flagpoles, lampposts, basketball backboazds, statues and
mailboxes shall not be considered as structutes.
Structure, accessory. See Accessory structure.
Structure, major, includes but is aot limited to resideatial buildings, commerciai,
institutional, industrial, and other constivction ha.ving the potentisi for substantial imp�t
oa coastal zones.
Structure, minor, includ.es but is not limited to pile-supported elevated dune and
beach walkover struc�tures; beach access ramps and walkwa.ys, s�tairwaYs; Pile-supported,
elevated viewing platfomns, gazebos, and boardwallcs; lifeguard support stands; public
and private baYhhouses; sidewalks, driveways, Parking areas, shuffleboard courts, tennis
courts, handball couits, racquetball courts, and other uncovered paved areas; earth
retaining walls; and sand fences, privacy fences, ornamental walls, ornamentat garden
structures, aviaries, and other ornamental construction. It shall be a characteristic of
minor strvctures that they are considered to be exgendable under design wind, wave, and
storm forces.
Structune, nonhabitable major, include.s but is not lim.ited to swi.mming pools;
P�� g��� PiPe�� Pt�; ���, Iakes, ditches, drainage struct�ues, and other
water retention struciures; water and sewage trea�ent plants; electrical power plants,
transmission �d distribution lines, transformer pads, vaults and substa.tions; roads,
bridges, streets, aad }ughways; and underground storage tanks.
Subdivision means the division of a pazcel af land imo three or more lots or
parcels either by pia�t into lots and blocks or by metes and bounds description for the
purpose of transfer of owneiship or development, or, if a new street is imolved, any
division of a parcel of land. A lot split shall not, for purpases of this chapter, be
considered a subdivision. However, if a property becomes the subject of a lot split
subsequent to the adopti.on of the ordinance from which tUi.s chapter is derived, any
subsequent lot split involving the same parcel or parcels of land shall be subject to the
subdivision requirements set forth in chapter 66.
Submerged land means land lying in or below the public waxers of the state
waterward of the mean high-waxer line.
Substantial' iniprove»terlt me�.s any repair, reconstivction, rehabilitation. addi�ion
or � improvement of a�� struciure, the cost of wluch equals or exceeds 50
percent of the � a�e�e� value of #he � structure
32
before the improvement or r�nair is staited�
;--er�-}-�€ the stru�ccture has ' "substantial dama�e " anv renairs are consi
substantial ' vement ess of the actual 'r work nerformed. �ee�aage�
. The teim d�s
not, however, include any project for improvement of a'�dl 'in s�e required to
� ee� existinS hea�th, s�itazy, or safety code violations identified bv the
�ldut� offcisl and that aze �e inim necess�y to
� e�s�e safe living conditions, or aay alterati.on of a�i_'�.'.� slructure �mvidsd the
A�.�LehOn WL11 IIOt 'DICC111de he ctn�cfirep'a rnntirnfExi deeionutint� a� o'�,.atnri� etn,.Yf„rp�
as th.�t t�*�+ is defined at section '18-832
Swimming pool means any strueture desigaed for swimming, wadin.g or other
aqua.tic recreational piuposes, capa.ble of containing a body of water 18 inches or more in
depth and 40 square feet or more of water surface area, and with the top edge of the pool
not to exc�ed two feet above average finished grade.
Temporary use. See Use, tem�rary.
Terroce means an open porch withaut a permanent roof.
Theater meaas a building, or part of a building, devoted to showing motion
pictures, or for dram.atic, musical or live performances.
Three foot mean low water line me�ts the iine formed by the intersection of a
plane three feet below the tidai plaae of inean low wafer with the shore.
Timeshare means the use of any re.sidential dwelling unit under which the
exclusive right of use, occupancy or possession of such unit circulates among various
occupants in accordance with a fix�. time schedule on a periodically occurring basis for a
period of time established by swch schedule.
Townhouse means a single-family dwelling constructed in a series or group of
attached units with property line.s separating each unit.
Trailer means a separate vehicle, not driven or propelled by its own power, but
drawn by some independent power, to includ.e any portable or movable structute or
vehicle including ttail.ers design�d. for living quarters, offices, storage, or for moving or
hauling freight, equipment, animais, or merchandise of any kind, including boats, boat
trailers, swamp buggies, half-trucks and the like.
Travel trailer �.�n any vehicle or structure
designed and constructed in such manner as will permit occupancy ther�f as sleeping
quarters for one or more persons, and � designed that it is or may be mounted on wheels
and used as a conveyance on streets or highways, propelled or drawn by its own or other
motive power. Such vehicles or stnLCtures sha11 have a body width not exceeding eight
feet, and v lenQth not � 'n� 45 feet
� ,
Trim. See Structural trim.
Two family dwellmg. Se.e Duplex.
Flse means t�he purpose or activity for which land or any building thereon is
designed, arranged, ar intended, or for which it is occupied or main.n#ained.
33
Use, accessory, means a use which:
(l� Is subordinate to and serves a principal struct�ure or a principal use;
(2) Is subordinate in area, extent, and purpose �bo the princi�l shvcture or use
served;
(3) Is located on the same lot as the principal structin+e or use served �c�pt as
otherwise �pressly authorized by provisions of this chapt,er; and
(4} Is custc�marily incidental to the principal stzucture or u�.
Use, principal, means the specific primary purpose or funotion for which land is
used.
�Tse, teniporary, means a use which is established for a fixed period of time with
ths inte�nt ta discontinue such use upon the expira�kion of su�ch time. Such uses do not
involve the construction or alteration of any permanent struct�n�e.
Yariance means a variation from the district requirements of this chapter which is
grant�d. by the zoning board. of adjustment, where such variance will not be contrary to
the public in�terest and where, owing fio conditions peculiar to the physical chara�teristics
of that particular properly and not the result of the a:ctions of the owner, agent, or
applicant, a literal enforcement of ttus chapter would result in unnecessary and undue
hardship.
Yehicle means any self-propelled conveyance designed for and used for the
P�'Pose of transporcing or moving persons, animals, freight, merchandise, or any
substance, and shall include passenger cats, trucks, buses, motorcycles, and �ote�s, and
recreational vehicles.
(1) New motor vehicle mean.s a motor vehicle, the equitable or legal titie to
which has never been transferred by a manufact�irer, distributor, importer
or dealer to an ultimate purchaser.
(2} Used motor vehicle means a motor vehicle, the equitable or legal title to
wlrich has been transfened by a manufa�cturer, distributor, importer or
dealer to an ultimate purc�aser.
Vdeo sales and rentad means commercial establishments engaged in the sale and
rental of videa equipment, ta�es and accessories for home e��rtainment.
Wall, breakaway. See Breakaway wall.
N'arehouse means a building used primatily for the storage of goods and
materials.
� ,.,. �a ,.,. ,. o��o��.� ���-
34
��r 1 �M
�� I�� ���� � � •
• . = 1 �
� �� `����T�.�.
,� ; � � • • , . . . . .
� . . . . �� , • .
• • � � • � . �
' � ' ' ' " ' ' Int�rBecLion of
, . . . �� '. . . . : .
,,, , C�nfsrl�ne Dock w�Lh
`� � Mean IIi h '
. . • � .. . . '
� � Weter L�ne
� • ' •• ! .
.�.�....�.+""�' � � ••�,�„� � � �,,,�� .........� • .
. . . . . � . ...�.�
- hfIIWL
Wholesale means the sate of goods or connmodities usually in bulk or large
quantities and usually at a lower cost to a retailer for resa,te. Such sales activity takes
pla��cee in establishmeats or plac�.s of business primarily engaged in selling mer+chaudise to
retailers, to induslrial, commercial, institutional, or professianal business users, or to
other wholesalers, or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
Yacht club means a building or other facility, including dockage, used for the
organized gathering of inembers and guests for the purpose of furthering their interest in
small sailing oz mechanically propelled vessels used for pleasure cnuses or racing.
Yard means the unoccupied. and unobsfavcted open s�ces on the same lot wrth
the main buildin�g wluch extend from the ground upward.
(1) Front yard means the open space exiending the fiill width of the lot, the
depth of which is the minimum horizontal distance beiween the front lot
line and the nearest line of the main building.
(2) Rear yord means the open space extending the full width af the lot, the
depth of wluch is the minimum horizo�tal distance between the rear lot
line and the nearest line of the main building.
{3) Side ya�rd means the open space between the main building and the side
lo# line, extending from the from yazd to the reaz yazd, the width of which
is the horizontal distance from #he nearest poi�t of the side lot line to the
nearest point of the main building.
Zero lot line means a development approach allowable only as part of an
approved plaim� unit developmeat in wbich a building is sited on one or more lot lines
with no yatd. Conceivably, thr� of the four sitles of the building could be on the lot
lines. The intent is to allow more flexibility in site design and to increase the amount of
usable open. space on the lot.
Zone means the area within which certain uses of laad and buildings ate permitted
and certain others are prohi`bited, yards, and other open spaces are recluired, lot areas,
buildin.g height limits, and other requirements aze established, all of the foregoing being
identical for the zone in wluch they apply (see also District).
Zoning ordir�ance refers to the Village of Te.questa, Florida, Comprehensive
Zoning Chdinan.ce printed in this chapter, finther known by short tifle as the Official
Zoni.ng Ordinance of the Villa�e of Tequesta, Florida.
Sec. 78 5. Effect on ezisting ea�ements, covenants and agreements; conflictiug regula�ians.
35
It is not intended by this chapter to interfere with nor abrogate nor annul any
easements, covenants or other agneements bet�ween parties; provided, however, that
where this chapter imposes a greater restriction of any kind upcm the use of buildings or
Premises, or upon the height of buildings, or requires larger open spaces than are impos�d.
or required by other ordinances, rules, or regulations, or by easements, covenants, or
agreements, the provisions of this chapter shall control.
Sec. 7&6. Enforcement officer; violationa; penaltiee.
Enforcement o,�''icer. The village manager or his designate is hereby autl�.orized
and directed to enforce this chapter.
(a) Violations; perralties
(1) Violation of the provisions of this chapter or failure to comply with
any of its requirements (including violation of conditions and
saffeguards established in coimection with grants af variances or
speciai exceptions), shall canstitute a violation. Alleged violations
may be c� by the village pursuant to the provisions of the
Village Code of Ordinances at chapter 2, adminis�arion, article IV,
code enforcement.
(2) The owner or tenant of any building, structure, premises, or pazt
thereof and any arclritect, building wntraCtor, agent, or other
person who commits, participates in, assists in, or maintains such
violation may each be found guilty of a separate offense and suffer
the penalties provided by law.
(3) It sha11 be unlawful far any person to desh�oy, move, remove, or
deface or obscure any sign or notice erected or posted pursuant to
the requirements of this chapter or chapter 2, administration, article
IV, code enforcement.
(4) Nothing contained in this section sha11 prevent the village or any
aggrieved or interested person from taking any other lawful action
necessary to prevent or remedy any violation The village or any
aggrieved or interested person sh�ll ha.ve the right to apply to the
einuit court of the county to enjoin and re,strain eny person
violating any provision of this chapter; and to request all necessary
and appropriate temporary and permaaent injunctions as are
necessary to prevent or remedy the violation
Sec. 7&7. Unity of title declaration.
(a} Where it reasonably app�ars that a certain proposed use of properiy, as set forth in
an applic,�tion for a elcrome�t or��r or for a building permit, may subsequently
be chaaged by the sale or transfer of a portion of such pmperly and that such
change would negate the applicatioa of zonin$ requirements relating to the
P�Posed use, the village shall require the properiy owner to exec�rte a unity of
tifle declaration as a conditian precedent to the approval of the site plan or the
issuance of a building permit for the proposed. use. The unity of title declaration
sha11 apply to a11 the properiy ne,cessaty for the proposed use, and sha11 declare
36
that no portion of such property sha11 be sold or transfen�ed by the owner or
successors in interest apart fmm the whole.
(b) In the event of a sale or transfer in contravention of a unity of title declmation, no
building permit will be issued for any portion of the property contained in the
unity of titte declara.tion. The declaration shall remain in effect until a relesse of
unity of title declaration is executed by the village.
(c) The unity of title declaration shall be filed at the expense of the owner in the
public records of the county. Proof of such filing shall precede the issuazice of a
building permit
Secs. 7&8--7&30. R�erved.
S� n 2: Each and every other section and sub�ctian of Chapter 78. Zoning, shall
remain in fiill force and effect as previously enacted.
�ion 3: All Ord,inances or � of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Shoutd any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such de�ision shall not ai�ect the validity of the remainder of this Ordinaace.
S�tion 5: Specific authority is hereby granted to codify this Ordinance.
S, ectian 6: This Ordinance shall become effective immediately upon passage.
37