HomeMy WebLinkAboutOrdinance_13-14_10/09/2014 ORDINANCE NO. 13 -14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE I. IN GENERAL. BY UPDATING AND REVISING THE LIST
OF DEFINITIONS FOR TERMS CONTAINED IN THE VILLAGE'S
ZONING ORDINANCE; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUB - SECTION OF CHAPTER 78. ZONING.
SHALL REMAIN 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 OTHER PURPOSES.
WHEREAS, recent amendments and revisions to the Village's zoning code necessitates
the update and revision of the list of definitions for terms contained therein; and
WHEREAS, the revised definitions as set forth in this ordinance serve to further
augment and implement 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, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 : Chapter 78. Zoning. 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
Sec. 78 -1. Title.
Sec. 78 -2. Purpose.
Sec. 78 -3. Jurisdiction.
Sec. 78-4. Definitions.
Sec. 78 -5. Effect on existing easements, covenants and agreements; conflicting regWations.
Sec. 78 -6. Enforcement officer; violations; penalties.
Sec. 78 -7. Unity of title declaration.
Secs. 78- 8- 78 -30. Reserved.
1
Sec. 78 -1. Title.
This chapter shall be known as the "Official Zoning Ordinance of the Village of
Tequesta, Florida."
Sec. 78 -2. Purpose.
The purpose of this chapter is to implement the village comprehensive
development plan adopted in conformance with the applicable local government
comprehensive planning requirements of the state, and the promotion of the health,
safety, morals, and general welfare of the present and future residents of the village, by:
(1) Giving effect to the goals, objectives, and plan recommendations 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 regulations which protect and promote the public health,
safety, morals, and general welfare of the people by providing standards to
control the amount of open space and impervious surfaces within a
development, and to control the intensity of development in areas of
sensitive natural resources or natural features in order to reduce or
eliminate adverse environmental impacts.
(4) Controlling and regulating the growth of the village concentrating
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 restricting the location and use of buildings, structures, and
land for residential, commercial, and other uses.
(6) Lessening the danger and congestion of traffic on the streets and
highways.
(7) Securing safety from fire, panic, flood, and other dangers.
(8) Providing adequate privacy, light and air.
(9) Protecting the tax base by facilitating cost - effective development and the
most appropriate use of land within the village.
(10) Conserving the values of property throughout the village.
(11) Preventing the overcrowding of land, and protecting landowners
from adverse impacts on adjoining developments.
Sec. 78 -3. Jurisdiction.
The rules, regulations, and requirements contained in this chapter apply to all
properties and lands within the corporate limits of the village, as they exist now or as they
may be legally altered.
Sec. 784. Definitions.
The following words, terms and phrases, when used in this chapter
otherwise specified. shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning. All words used in the present
tense include the future; all words in the singular number include the plural and the plural
2
the singular. The word "building" includes the word "structure." The word "shall" is
mandatory. The word "person" includes a firm, corporation or municipal corporation as
well as a natural person. The word "map" shall mean the official zoning map of the
village. The term "council' shall mean the Council of the Village of Tequesta and the
word "village" shall mean the Village of Tequesta, a municipal corporation of the State of
Florida. The word "used" shall be deemed to include the words "arranged, designed or
intended to be used," and the word 'occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Abutting means having a common border with, or being separated from such
common border by, an alley or easement.
Access means the principal means of ingress and egress to property from a
publicly dedicated right-of-way.
Accessory structure means a detached, subordinate structure, the use of which is
clearly 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 principal structure or use. ccessoiv
strucW& also means an attached screen enclosure, tvnicallv associated with S�uimmin�
Accessory use means a use customarily incident and accessory to the principal use
of land or building located on the same lot.
Acre, gross, means a tract of land consisting of 43,560 square feet. As it relates to
density, it is the quotient of the total number of dwelling units divided by the overall size
of a site in acres.
Acreage means that land lying within the village limits which has not been
subdivided according to the records on file in the office of the clerk of the circuit court in
and for the county.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common loadbearing wall
other than a firewall. Any walled and roofed addition which is connected by a firewall or
is separated by independent perimeter loadbearing walls is new construction.
Adjacent means that which lies near or close to, not widely separated or
necessarily touching.
Adjoining means that which is joined or united, actually touching.
Adult congregate living facility (ACLF) means an establishment, institution,
building, residence, private home, boardinghouse, home for the elderly, or other place,
having some or all of the characteristics of homes for the elderly, or other place, whether
operated for profit or not, which through its operation provides one or more personal
services for four or more persons not related by blood or marriage to the owner or
operator, for a period exceeding 24 hours. Personal 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 care from appropriate
sources. This term shall also include extended care facilities. See also section 78 -224 for
further definition of ACLF.
3
> ,
adveAisementr, ekhibitiei4 t. or- viewing of 7 books, magazines, films,
7 displays, 1 or- by-an
emphasis that aeeents mWe or- female 1
purpose of this definffion the Lerm 11 11 shall inelu& a" pefsen who is defined as an
Advertising structure means any structure installed for advertising purposes, with
or without any advertisement display thereon, situated upon or attached to real property,
upon which any poster, bill, printing, painting, device or other advertisement of any kind
whatsoever may be placed, posted, painted, tacked, nailed, or otherwise fastened, 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 not over 20 feet in width and is
not intended for general traffic circulation.
Alteration means any modifications, additions, deletions, or change in
construction, or change and arrangement in the structural parts of a building, whether by
extending a side or by increasing or decreasing in height, or the moving from one
location to another.
Amusement device, coin- operated or token - operated, means any amusement
machine or device operated by means of insertion of a coin, token, or similar object for
the purpose of amusement or skill, or for the playing of which 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 - operated mechanical musical devices.
Anchor store /tenant means the largest retail establishment or major tenant within
a shopping center, which draws customers, and thereby generates business for
surrounding stores or tenants.
Antenna m om any exterior device used for transmitting and receiving, mounte
in the Around. on a tower . alternative tower structure, building or structure and used in
communications that radiate or capture electromm -edc waves, digital signals. analog
signals, radio frequencies (excluding radar signals), wireless telecommunications signals
or er communication signals. Antennas may or may not be of stealth design. This
definition does not include over - the -air recen_ lion devices which deliver television
broadcast signals, direct broadcast signals, direct broadcast satellite services or
ultichannel multinoint distribution services, as defined and regulated by 47 CFR
1 4 00. as amended. The definition also does not include satellite dishes as defined
section78 -442.
4
(3) Broadcast receiving antenna means an outside antenna used for the
reception of signals transmitted by stations licensed by the Federal
Communications Commission in the Radio Broadcast Services, including
AM, FM, TV and shortwave.
(4' GemmunWfiens — owenna means an euWde antema u sed for- &e
sash stageas:
(5) Community antenna system means a satellite television antenna system or
broadcast receiving antenna system designed and installed in such a
manner so as to receive television and radio signals for the
noncommercial, not - for -profit distribution to private residences solely
within the R -2 and R -3 zoning districts.
elevai ien.
(7) SatekWe mkvision ansennasystem means a system ef equipment designed
"tale- Asiea- dish" or "tale- n dise
Apartment means any building or portion thereof which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied, as the home or residence of
two or more families living independently of each other with their own separate cooking
facilities in a building designed with separate entrances for each unit.
Apartment, efficiency, means 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 this 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.
Arcade.
(1) Game/video arcade means any establishment, room, place or business
location in which there are available to the public more than three coin -
operated or token - operated amusement devices which are coin- operated or
token - operated or where a fee is charged for the operation of such devices.
(2) Structural arcade means a permanently roofed arched covered continuous
area or passageway at ground level, open to a street, plaza, open space or
building, which is accessible and open to the public at all time.
Area, minimum building, means the total of all roofed or undercover area of the
principal building.
good insumme mte nW (FULM) Y,;M base flood depths fiem one to thm fee4 whefe a
5
iadetermimW, and when veleeity flow may be wAdent.
Automobile sales (leasing). See Motor vehicle dealer.
Automotive repair establishment.
(1) Major repair means a retail sales and service establishment which
provides for the painting, repainting, or retouching and/or major
mechanical repairs and adjustments of motor vehicles such as engine
overhauls, transmission overhauls, and the like which usually require more
than one working day for service. No outdoor sales, repair or service work
shall 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 roadway shall be permitted.
(2) Minor 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 repair, engine tune -ups, oil changes, lubrications, front end
alignments, and the like. No outdoor sales, repair or service work shall be
allowed. Repair services of a major nature, including but not limited to
engine overhauls, transmission overhauls, or body work, shall be
prohibited. Outdoor storage or display of vehicles, parts, equipment or
tires shall be prohibited. The service or repair of trucks or other similar
vehicles which exceed a one -ton rated capacity shall be prohibited. No
body damaged vehicle or vehicle components exposed to view from a
public roadway shall be permitted.
(3) Paint or body 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 otherwise entirely
supported from a building, so constructed and erected as to permit its being readily and
easily moved within a few minutes time to close an opening, or rolled or folded back to a
position flat against the building or a cantilevered projection thereof, or which is
detachable.
Bakery means an establishment engaged solely in the retail sale directly to the
consumer of products such as breads, cakes, pies, pastries, etc., which are based or
produced and sold on- premises.
Bar means a building, or portion of a building, wherein alcoholic beverages aze
sold by the drink and consumed on the premises. May also be referred to as a lounge.
Base flood means the geed having a one pement Ae—Aneep Wf being equEded e
nov .,.,s the i.e;,.i,+ .,i.,...o .,, o sea level e +tea +
r by the 100 yeaF good.
Basement means the portion of a building having its floor subgrade (below ground
level) on all sides , the ceiling of which is entirely below
ground level made or less than four feet six inches above ground leve gee. The
basement is not considered a part of any living area and shall not be used as living area
6
Any portion of a basement that is below ground level dal -g¢ade shall not be
considered as part of the overall building height/story; however, that portion of any
basement which exceeds ground level made shall be used in calculating the
overall building height.
Beach means the zone of unconsolidated material that extends landward from the
mean low -water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of
storm waves. "Beach" is alternatively termed "shore."
Bed and breakfast.
tlie- leeatiell e€ means a small hotel providing food
services and rooms for shortterm letting. It is not intended as a large strip motel or urban
luxury hotel, but rather as a small town inn ef the kind argesee all ever- the
eel.
Bedroom means a room other than a kitchen, dining room, living room, bathroom,
or closet, which is marketed, designed, 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 boundary lines 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 books,
magazines and accessory supplies.
Breakaway wall and frangible wall mean a partition independent of supporting
structural 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 shall fail in a manner such that it breaks up into components
which minimiz the potential for damage to life or adjacent property. It shall be a
characteristic 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
structures, or two separate portions of the same structure.
Buildable area means the portion of a lot remaining after required setbacks have
been provided.
Building means a single structure which is permanently affixed to the land, 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 row of apartments with individual entrances, or an
apartment house, a single store or a row of stores (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. See Accessory building.
Building ee&, s4we minimum. See State minimum buik*ng
Building detached means a building having no party walls in common with
another building.
Building, elevated See Elevated building.
7
Building front means that exterior wall of a building which faces a front lot line of
the lot.
Building, height of, means the vertical distance measured from the existing
average elevation of the highest adjacent grade, at the base of the building to the highest
point of the building or roof. Height shall be measured to the highest point of the
following:
(1) The coping of a flat roof;
(2) The average height level between the eaves and roof ridge or peak with
gable, hip, or gambrel roofs;
(3) Deck lines on a mansard roof,
(4) For a roof with equipment which exceeds more than four feet above the
highest point of the roof. Stairways, elevator penthouses, and accessory
operating equipment enclosed within the roofline are excluded, as are
screens to conceal facilities on the roof provided that the screen is not
under roof and is less than ten feet in height.
Building line means a line on a lot, generally, but not necessarily, parallel to a lot
line or road right -of -way line, located a sufficient distance therefrom to provide the
minim yards required by this chapter. The building line delimits the area in which
buildings are permitted subject to all applicable provisions of this chapter.
Building, nonconforming, means a legally existing building which fails to comply
with the regulations (for height, number of stories, size, area, yards, location, and use) set
forth in this chapter applicable to the district in which such building is located.
Building official means the officer or other designated authority, or a duly
authorized representative, charged with the administration and enforcement of the Florida
Building Code, within the Village of Teauesta Chat peFsen who is appeiRted by the -Allage
land and building mgulations of the v4lage.
Building permit means an official document or certificate issued by the building
official which authorizes performance of specific activities that are determined to be
o=Iiant with the Florida Building Code ---s the doeum few- eera—fieate issued by
Building, principal, means a building in which is conducted, 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 parcel of land considered as a unit, devoted to a
certain use or occupied by a building or group of buildings that are united by a common
interest or use, and the customary accessories and open spaces belonging to the same.
Building support structure means any structure which supports 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 structures, and their
relationships to each other and to open areas and lot lines.
Business service means an establishment primarily engaged in rendering services
to other business establishments on a fee or contract basis not involving the sale of any
8
goods or commodities available on the premises and not dispensing a personal or
professional service. Such establishments include such activities as real estate, insuran
accounting or bookkeeping, financial institution, management or consulting, or other
similar uses.
Canopy means a roof -like structure made of any material which projects from the
wall of a building and overhangs a public way.
Carport means space for the housing or storage of motor vehicles and enclosed on
not more than two sides by walls.
Carwash means a building, structure, or portion thereof containing facilities for
washing automobiles, which may utilize production line methods with a chain conveyor
or other method of moving the vehicles along, utilizing the automatic, semiautomatic, or
manual application of cleaner, brushes, rinse water, wax, heat, air, or steam.
Certificate of occupancy means official certification that a building or structure
promises conforms to provisions of the Florida Building Code and this chapter (and the
building 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/ house of worship means a building, structure, or premises wherein
persons regularly assemble for religious worship which is specifically designed and used
only for such purpose and is maintained and controlled by a religious body organized to
sustain public worship.
Clinic means a facility including a health care facility, medical or dental office
where patients, who are not lodged overnight, are admitted for e and treatment
by one person or a group of persons licensed by the state as a physician, dentist,
chiropractor, therapist or other similar health related profession.
Club means buildings or facilities owned or operated by a person for a social,
educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit
or to render a service which is customarily carried on as a business.
Coastal barrier island means geological surface features of islands within the
village above mean sea level.
Coastal building zone means the land area between the seasonal high -water line
of the Atlantic Ocean and the waters of the Intracoastal Waterway.
warge, sWfm waves, or- other- p"etable weather eoaMoas as established by the W"
1 1 9 wave 4.*—Aqh Aff. The mm is designated on
FMM as zone vi 30
Coastal sand dune preservation means the preservation of coastal beach and its
vegetation line through the protection of beach sand dunes from removal, alteration or
disturbance in any manner whatsoever. TMs is aeeempfished in the AH&ge by Pal
No. 72 12, and the eemUwfien eoa#el line established by the state bumem of beaehes
9
vAlage AH .
Commercial building means a building used only for a commercial use.
Commercial dock means a dock or pier which is used to produce income and
which includes any dock or pier not described in this section as a private dock.
Commercial use means an establishment which supplies commodities and
services to the general public, including retail consumer goods and professional, business
and personal services.
Commercial vehicle means any vehicle of any nature which is used or designed or
intended to be used for hire or in e furtherance of commerce, work, or for profit. Any
vehicle that has commercial lettering, markings or advertising shall be considered to be a
commercial vehicle unless the lettering, markings or advertising is on a removable or
concealable sign which is removed or concealed when the vehicle is narked.
Common area means the total area not designed for rental to tenants and which is
available for common use by all tenants or groups of tenants and their invitees, including
such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped
areas, public restrooms, truck and service facilities, etc.
Compatible use means a use which is capable of existing in harmony with other
uses situated in its immediate vicinity.
Comprehensive development plan means the composite 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 state local government comprehensive planning requirements.
Construction means the building of or substantial improvement to any structure or
the cleaning, filling, or excavation of any land. It shall also mean any alterations in the
size or use of any existing structure or the appearance of any land. When appropriate to
the context, the term "construction" refers to the act of construction or the result of
construction.
Construction, new. See New construction.
Construction, start of See Start of construction.
Contiguous. Lands are contiguous if they actually adjoin each other and share a
common boundary for a distance of at least 50 percent of the length of such common
boundary. Lands separated by water bodies, streets, alleys, roadways, or other 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 other.
Convenience store means a retail establishment which is usually open for
extended daily hours of business (12 to 24 hours), is usually located as a single entity or
in a strip building configuration along arterial roadways, 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 brands 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 use, and may be developed
with facilities for the dispensing and sale of vehicular fuels, but with no sale or
installation of tires, batteries or similar accessories. If such establishment is combined
10
with such fuel sales and dispensing, it shall be regulated as a full - service fuel station and
there shall be stringent limitations and controls placed upon the nature, size, delivery,
storage, location and type of such fuel sales or dispensing facilities, in order to provide
maximum possible protection to adjacent properties, and it must meet the specific zoning
requirements of a full- service fuel station.
Corner lot. See Lot, corner.
Cornice means the horizontal projecting part of the roof crowning the wall of a
building, or the juncture which connects a vertical wall to the horizontal portion of the
roof at the roofline.
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 walkway.
Curb level means the level of the established curb in front of such building
measured at the center of such front. Where no curb elevation has been established, the
mean elevation of the finished lot grade immediately adjacent to a building shall be
considered the curb level.
Day care facility means facilities for up to five persons and located within single -
family residential districts as required by state statute.
Dedication means the transfer of property interests from private to public
ownership for a public purpose. The transfer may be of fee - simple interest or of a less
than fee interest, including an easement.
Density means the relationship between the number of existing or proposed
amount of dwelling units on a specific land area, usually expressed in terms of the
number of dwelling units per gross acre.
Development means the division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation, or enlargement
of any buildings, any use or change in use of any buildings or land, any extension of any
use of land or any clearing, grading, or other movement of land, or any manmade change
to improved or unimproved real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or
permanent storage of materials for which permission may be required pursuant to this
chapter.
District means a contiguous area of land for which there are uniform regulations
governing the use of buildings and premises, density of development, yard requirements,
and height limitations.
Dock means a fixed or floating structure, including moorings, on or over
submerged lands, used for the nuroose of berthing buoyant vessels or for fishing.
swimming, or viewing the waterway , er for- a fin
pefied.
Drainage means the removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of runoff to minimis
erosion and sedimentation during and after development and includes the means
necessary for water supply preservation or prevention or alleviation of flooding.
11
Drive -in or drive- through facility means an establishment which by design,
physical facilities, service, or packaging procedures encourages or permits customers to
receive services or obtain goods while remaining in their motor vehicles.
Driveway means that space specifically designated and reserved 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
appearance of having two fronts.
Dune means a mound or ridge of loose sediment, usually sand - sized, deposited by
natural or artificial means, which lies landward of the beach.
Duplex means a single -story or two -story building designed to accommodate two
families living independently of each other. The building will have two addresses,
kitchens, and electric and water meters.
Dwelling means any building or structure designed exclusively for residential
occupancy. It shall be deemed and construed to include both the main portion of such
structure and all projections thereof, such as windows, bays, exterior chimneys, covered
porches, or porticoes, including any garages or carports incorporated within or forming a
part thereof, but shall not include the eaves of such structures, 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- family occupancy, but it does not include a hotel, club, motel,
boardinghouse or lodging house, or automobile, house trailer, or recreation vehicle,
whether such trailer or vehicle is mobile or located in a stationary fashion on blocks or
other foundation.
Dwelling, attached means one which is joined to another dwelling at one or more
sides by a party wall.
Dwelling detached, means one which is entirely surrounded by open space on the
same lot.
Dwelling, group, means a group of two or more one - family, two- family, or
multiple dwellings occupying a lot in one ownership and having any yard in common.
Dwelling, multiple, means a building or portion thereof used for occupancy by
three or more families in separate independent units, providing permanent provisions for
living, sleeping, cooking, eating and sanitation. The term includes condominiums,
apartments, group homes and row houses, but excludes townhouses.
Dwelling, row, means a row 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.
Dwelling, single-family, means a building designed for or occupied exclusively by
one family.
Dwelling, two-family. See Duplex.
Dwelling unit means one or more rooms in a residential building or residential
portion of a building, which are arranged, designed, used or intended for family purposes
and which include lawful cooking space and lawful 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
specified purpose of any designated part of his property.
Efficiency unit. See Apartment, efficiency.
12
Elevated building means a went building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls,
pilings, columns (posts and piers), shear walls, or breakaway walls. Elevated buildings
do not have basements.
Elevation means:
(1) The vertical distance above or below a fixed reference level; or
(2) A flat scale drawing of the front, rear, or side of a building or structure.
Eminent domain means the authority of the village or other government agency to
take, or to authorize the taking of, private property for public use, with just compensation
to the owner.
Engineer, registered (civil), means a professional engineer registered by the state.
Enlargement and to enlarge. An enlargement is an addition to the floor area of an
existing building, 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
enlargement.
Erect means to build, construct, attach, hang, place, suspend, or affix, and shall
also include the attachment of wall signs.
Erosion means the detachment and movement of soil or rock fragments by water,
wind, and/or gravity.
Establishment means an economic unit, generally at a single physical location,
where business is conducted or services are offered.
Facing and surface mean the surface of the sign upon, against, or through which
the message is displayed or illustrated on the sign.
Family means one or more persons related or unrelated by blood, marriage,
adoption or guardianship, occupying a
dwelling unit and living as a single housekeeping unit in a dwelling.
Financial institution means establishments such as, but not limited to, banks and
trust companies, credit agencies, investment companies, brokers and dealers of securities
and commodities, security and commodity exchanges and brokers, and other similar uses.
Flea 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 indoor /outdoor events,
i.e., cultural events, arts and crafts fairs or bazaars and charitable events.
Flood and flooding mean a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any
source.
Reed, base. See Basefleed,
issued by the Federal E-mer-gemy Management Ageney, where the beundafies of the
areas of speeial flood hazard have been defined as zone A.
13
Reed, 100 year-, means the highes4 level ef fleeding thA e3a the aveFage, is WWIY
.,
Peedplain and fleedpmne area mean a land area adjeining a river-, stream
fleedplain 63at, on the > •, &at has
awas that must be msenved in eEder- to disehar-ge the base flood without eumWafiyely
reasing the water- suF&ee elevation more dwa one feet.
Floor area See Net floor area, Gross floor area, Gross leasable area, Ground
floor area.
Foster care facility means a licensed (i.e., by the state department of health and
rehabilitative services) residential unit, otherwise meeting the requirements of this
chapter, where a family 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 exceed. 1.01 persons per room,
excluding bathrooms, kitchens and utility rooms.
Frangible wall. See Breakaway wall.
Frontage means all the property 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 place, or if the dedicated public street or place is dead- ended,
then all of the property abutting on one side between an intersecting 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 only means of access.
Full - service fuel station means a retail establishment which primarily sells,
dispenses and installs automotive fuels and lubricants and products. Such establishments
may include the sale of typical convenience store items, but must sell and install tires,
batteries, lubricants, similar accessories and products, and perform minor repair work 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 deceased for burial
and the display of the deceased and ceremonies connected therewith before burial or
cremation.
Garage means a building or portion thereof other than a private or storage garage,
designed or used for equipping, servicing, repairing, or storing motor -driven vehicles
internally and enclosed within the building.
Garage apartment means an accessory building which contains living facilities
for not more than one family, and a private garage for one or more automobiles.
Garage, parking, means a building or portion of a building, or area beneath a
building or structure, except those described as a private garage, 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 permitted 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
lubricants only, with no sale or installation of tires, batteries or similar accessories. A
gasoline station is not a full - service fuel station or a convenience store. (For additional
reference, see also Full - service fuel station).
General service and repair means a service establishment which provides for the
op-off of household items to be repaired oz otherwise serviced such as comuter
servicing, cellular teleohone repair or vacuum cleaner repair. The term does not include
service or repair of major appliances, lawnmowers or other similar small engine items.
Governmental use means public land areas and facilities which are utilized for
daily administration and operation of government business which house personnel,
records, 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 finished ground level
adjoining the building at all exterior walls.
Grade, highest adjacent. See Highest adjacent grade.
Greenhouse means an enclosed building, permanent or portable, which is used for
the growth of small plants.
Gross acre. See Acre, gross.
Gross floor area means the sum of the total areas taken on a horizontal plane of a
floor or several floors of a building measured between the outside face of the exterior
walls, exclusive of areas open and unobstructed to the sky. Gross floor area is used by the
village for determining valuation for the issuance of a building permit.
Gross leasable area (GLA) means the total floor area designed for tenant
occupancy and exclusive use, including basements, mezzanines, and upper floors, if any,
expressed in square feet and measured from the centerline of joint partitions 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 includes all areas less common areas (see Common area).
Ground coverage. See Lot coverage.
Ground floor area means the square foot area of a building within its largest
outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior
stairways, secondary stairways, and drive- through teller lanes or walk -up windows of
financial institutions only. Ground floor area is the total area used by the village in
determining the percentage of lot coverage.
Group home means a dwelling unit licensed by the state department of health and
rehabilitative services which provides a living environment for six or fewer residents,
which may be unrelated, who function as a family living unit, including such supervision
and care with supportive staff necessary to meet physical, emotional and social needs of
the residents.
Health care facility or medical or dental office means providing health care
services to the public by physicians, dentists, chiropractors, osteopaths, physical
therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also
15
known as health care practitioners) or others who are duly licensed to practice their
respective medical or dental profession in the State of Florida, as well as others, including
but not limited to technicians and assistants, who are acting under the supervision and
control of a licensed health care practitioner.
Height of building or structure. See Building, height of.
Highest adjacent grade means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure, if the finished grade is
level. If the finished grade is not entirely level, the grade shall be determined by
averaging the elevation of the ground at 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 abutting property, primarily designed for through traffic, on a
continuous route, and not having access control (example: U.S. #1).
Hospital means a facility licensed by the state providing primary health services
and medical or surgical care to persons, primarily inpatients suffering from illness,
disease, injury, deformity, other abnormal physical or mental conditions, chemical or
substance dependency or abuse, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities and training facilities.
Hotel means any building principally containing sleeping rooms in which
transient guests are lodged with or without meals, with no provisions made for cooking in
any individual room or suite. Such facility may have one or more dining rooms,
restaurants or cafes as accessory uses. Such facility also would, structurally, and for
purposes of safety, be obliged to conform to the laws of the state regulating hotels.
Housing conditions includes conditions as follows:
(1) Standard condition means a residential structure meeting all minimum
standards for basic equipment and facilities as set forth in the Standard
Housing Code, latest adopted edition.
(2) Substandard condition means a residential structure which does not meet
all minim standards for basic equipment and facilities as set forth in the
Standard Housing Code, latest adopted edition, and where the costs of
rehabilitation, renovation or code compliance are valued at less than 50
percent of the assessed value of the structure.
(3) In need of replacement means a residential structure which does not meet
all minimum standards for basic equipment and facilities as set forth in the
Standard Housing Code, latest adopted edition, and where the costs of
rehabilitation, renovation or code compliance are valued at greater than 50
percent of the assessed value of the structure.
Housing effleW. See Budding offleiah
Illuminated sign means any sign which has characters, letters, figures, designs or
outline illuminated by electric lights, or from a remote position.
Impervious surface. Impervious surfaces are those which do not absorb water.
They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of
concrete or asphalt.
Improvement means any building, structure, place, work of art, or other object
constituting a physical betterment of real property, or any part of such betterment.
Improvement, substantial. See Substantial improvement.
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 existing in harmony with
other uses situated in its immediate vicinity.
Indoor amusement means establishments engaged in providing entertainment
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- school, 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 establishment in
which such common kitchen is located.
Landscape plan means plans and - drawings showing the location of buildings.;
esWa% tranwdaton, or environmental systems. and the a fo
Placement of site amenities. accessibility components. Ply -- ings and other
-- - - - -- tangible
— - -- -- -- - _ - -- - - -- -,
;obiects. Plans shall include installation details for Plant materials, soil amendments.!
mulches, edging and other similar materials. Plans shall be numbered. dated. North
arrow indicated, scaled. - and sealed by an gpyropdately licensed PrAsslomW where
by Florida Statutes Chanter 481. Part H.
development.
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 of ny combination of hying Plants (such m aw .i
b o land landsQ= malgdal such
e o s
n ot r landsope gmund c"v r, In no pWjW1
iji materials exceed 10% of the landscaped area.'
even, 7 f hedges, palms; and nonliving dumble
material eemmenly used in the landseape, seeh 7 ! reeks, pebbles,
17
mWei% s" walls or > benehes, fountains,
Laundromat means an establishment providing washing, drying or dry cleaning
machines on the premises for rental (self service) use to the general public for family
laundering or dry cleaning purposes.
Laundry means a mWI Weser service establishment which provides for the
drop -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 specifically no
machines or equipment available for self - service directly by the consumer.
Loading space, off-street, means an off-street loading space not less than 12 feet
wide and 50 feet long, and having a minim vertical clearance height of 14 feet,
exclusive of access aisles and drives, for the shortterm parking of a vehicle while loading
or unloading merchandise or materials.
Lot means a parcel of land occupied or to be occupied by one main building or
buildings and their accessory buildings with such open and parking spaces as may be
required by provisions of this chapter, and having their principal frontage upon a public
or private street.
Lot area means the area contained within the boundary lines of a lot.
Lot, building, means land occupied or to be occupied by a building and its
accessory buildings, or by a dwelling group and its accessory buildings, together with
such open spaces 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 situated, and having its principal frontage on a street or on such other means of
access as may be determined in accordance with the provisions of the law to be adequate
as a condition of the issuance of a building permit for a building on such land.
Lot, corner, means a lot abutting two or more streets at their intersection.
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 which are roofed or are
otherwise covered, exclusive of its eaves, and any portion of such building covered by a
roof which qualifies as open space or any covered terrace, balcony, breezeway or porch
or portion thereof not included in the floor area of a building shall be included in lot
coverage. For example, a lot containing 10,000 square feet has principal and accessory
buildings planned or existing whose ground -floor area (footprint) is 2,500 square feet;
thus lot coverage is 25 percent. Unscreened patios or swimming pools shall not be
considered in computing lot coverage. Screened -in pools or patios shall be considered in
computing lot coverage, but shall be computed as only 50 percent of their actual
coverage.
Lot depth means the mean horizontal distance between the front 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 minim lot depth of 200 feet, existing on
that portion of a lot where the foundation for primary or accessory structures is to be
constructed, is required before building permits will be issued in the R -3 district. Lot
depth is defined as the mean horizontal distance between the front lot line and the rear lot
line of a lot measured within the lot boundaries. The term "primary or accessory
structure" shall not include walls, paved parking or decorative features. The
18
determination of minim lot depth shall not include submerged lands, conservation
easement areas, protected wetlands, or similar environmentally protected areas.
Accessory structures not exceeding ten feet in height may be constructed on lots with less
than the minim lot depth, with approval of the village council.
Lot frontage. The front of a lot shall be construed to be the portion nearest the
street. For the purposes of determining yard requirements on corner lots and through lots,
all sides of a lot adjacent to streets shall be considered frontage, and yards shall be
provided as indicated under Yards in this section.
Lot, interior, means a lot other than a corner lot.
Lot line means a line bounding a lot which divides one lot from another or from a
street or any other public or private space.
Lot line, rear, means that lot line which is parallel to and most distant from the
front lot line of the lot. In the case of an irregular, triangular, or gore - shaped lot, a line 20
feet in length, entirely within the lot, parallel to and at the maximum possible distance
from the front line shall be considered to be the rear lot line. In the case of lots which
have frontage on more than one road or street, the rear lot line shall be opposite the lot
line along which the lot takes access to a street.
Lot line, side, means any lot line other than a front or rear lot line.
Lot line, street, in the case of a lot abutting only one street, means the street line
separating such lot from such street. In the case of a double frontage lot, each street line
separating such lot from a street shall be considered to be the front lot line, except where
the rear yard requirement is greater than the front yard requirement in which case one of
two opposing yards shall be a rear yard.
Lot of record means a part of the land subdivision, the map of which has been
recorded in the office of the clerk of the court of the county.
Lot split means the subdivision of a single lot or parcel of land into two lots or
parcels.
Lot, through, means a lot, other than a comer lot, having frontage on more than
one street.
Lot width means the mean horizontal distance between the side lot line measured
at right angles to those side lot lines at the building line. Where there is only one side lot
line, lot width shall be measured between such lot line and the opposite lot line or future
right -of -way line.
Lounge means a building, or portion of a building, wherein alcoholic beverages
are sold by the drink and consumed on the premises. May also be referred to as a bar.
Main building. See Building, principal.
Major structure. See Structure, major.
Maneuvering space means the unobstructed area needed for a truck to back in a
single movement directly from the access street into a loading space, the depth of which
is measured perpendicular to and from the front of the loading space to the curb side of
the most remote traffic lane in the access street.
Manufactured home means a structure, transportable in one or more sections,
which is i t feet or more in width and greater than 400 square feet, and which is built
on a permanence chassis and is designed for use to with or without a
permanent foundation when axtached connected to the required utilities. 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 be improved property. The term does not
include a "recreational vehicle" or "nark trailer."
Manufactured housing. See Manufactured home.
Map, flood imwwfwe rate. See Flood imuranee m4e map 64W7
Map, official zoning. See Official zoning map.
Marina facilities includes facilities for wet storage and the docking of pleasure
crafts for residential purposes. Marina facilities may include a marina, boat dock and
yacht club. The yacht club may provide a restaurant, lounge, ships chandler and other
club facilities as an accessory use to the marina, boat dock or yacht club facility. Marina
facilities are allowed only as special exception in R -2 and R -3 multiple- family dwelling
districts, for properties within such zones which are contiguous to the Intracoastal
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 elbow, 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 chemical or herbal preparation.
Mean high water means the average height of the high waters over a 19 -year
period, or, for shorter periods of observation, the average height of the high waters after
corrections are applied to eliminate known variations and to produce the result of the
equivalent of a mean 19 -year value. Alternatively, mean high water may mean the
average height of the high waters as established and accepted by the U.S. Army Corps of
Engineers.
Mean high -water line means the intersection of the tidal plane of mean high water
with the shore or canal edge,.
19- year - per-ied.
Mean low water means the average height of the low waters over a 19 -year
period, or, for shorter periods of observation, the average height of the low waters after
corrections are applied to eliminate known variations and to produce the result of the
equivalent of a mean 19 -year value. Alternatively, mean low water may mean the average
height of the low waters as established and accepted by the U.S. Army Corps of
Engineers.
Mean water level line means the intersection of the tidal plane of mean low water
with the shore or canal edge
Mean sea level (MR) 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, independently owned brewery that produces limited
quantities of specialized beers for consumption on the premises, or for sale in packages
for later consumption off the 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 corridors, stairs, closets, thickness of walls, columns or other
20
features, exclusive of areas open and unobstructed to the sky, and not include garages,
carports, open porches, open breezeways, or store rooms, or screened -in porches, or
basements.
Minor structure. See Structure, minor.
Mixed -use district. 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 pedestrian and the automobile equitably; areas
providing parks and plazas for informal social activity and recreation; areas in which
private buildings form a clear edge between the public and the private realms; and places
where civic buildings and squares reinforce the identity of the neighborhood.
Mixed -use zoning means zoning which permits a combination of usually separated
uses within a single development.
Mobile home. See Manufactured home.
M,oepWg p9ft means a post pillar-, piHft or- Aske used for- the purpose e
be#hing buoyant vessels either- tem"w&ily or- indefinitely, fef a finke pefied6 Whether- or-
not used in eenjunefien YA4h a desk.
Motel means a building or group of buildings which contain sleeping
accommodations for transient occupancy, and which has individual entrances 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 dining
rooms, restaurants or cafes as accessory uses.
Motor home. See Recreational vehicle.
Motor vehicle dealer means the use of any building, land area or other premises
for the display and sale of new passenger motor vehicles, including repair facilities, rental
facilities and the carrying of stock for replacement parts, tires, batteries and automotive
accessories. The sale of used motor vehicles shall only be permitted as an accessory use
to new motor vehicle dealerships. The sale or rental of used motor vehicles as the
principal primary purpose or function for which any building, land area or premises is
utilized is prohibited. A motor vehicle dealer must be in possession of a state department
of motor vehicles franchised motor vehicle dealer license.
Multiple family dwelling. See Dwelling, multiple.
Museum means a nonprofit noncommercial establishment operated as a repository
or a collection of nature, scientific, or literary curiosities or objects of interest or works of
art, not including the regular sale or distribution of the objects collected.
National Geodetic Vertical Datum (NGVD), ears a geodetic datum network
eswbli*W by the National Oceanic and Atmospheric Administration (LOAM and
eauently referred to as the 1929 Mean Sea Level Datum, as adiusted as- eerree - ten
1929, is a veFfieal eentm! netwer-kased as a mfemnw for- establishing varying elevafiens
vAd3in the- fleedplain.
Net floor area means the area actually occupied, not including accessory
unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet
rooms, mechanical areas, or other similar features.
New construction means structures for which the start of construction commenced
on or after the effective date of the ordinance from which this chapter is derived.
21
Nonconforming use means any building, structure, or land lawfully occupied by a
use at the effective date of the ordinance from which this chapter is derived or at the
effective date of an amendment thereto which does not conform after the passage of such
ordinance or amendment with the use requirements of the district in which it is situated.
Nonhabitable major structure. See Structure, nonhabitable major.
Nuisance means the use of property or course of conduct that interferes with the
legal rights of others which shall cause damage, annoyance, or inconvenience, or tend to
injure the health, safety, or morals of village residents.
Nursery means an enterprise, establishment, or portion 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 electric lawnmowers and farm implements) directly
related to their care and maintenance. The accessory items normally sold include items
such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and
shovels.
Nursing, convalescent extended care facilities means a building, or a group of
buildings, 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
require hospital attention, or for three or more persons requiring further institutional care
after being discharged from a hospital, other than a mental hospital.
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
proprietors.
Official zoning map means the graphic document bearing the official seal and
signature of the village, which depicts the geographic location of zoning districts, is
formally adopted as a part of this chapter, and is referred to as the Village of Tequesta
Official Zoning Map.
Off - street parking means the minim off-street, on -site parking of vehicles
which shall be provided under the appropriate terms of this chapter.
1 00 yewfleed See RoetA 1 00 yew.
100 em s m eans a nj.., m sident h,,.... eam _,.thw _stor.,,---- .,r�4�
On -site means located on the lot in question, except in the context of on -site
detention, when the term means within the boundaries of the development site as a whole.
Open space means that part of a lot, including courts or yards, 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
include space located and treated to enhance the amenity of the development by
providing landscaping and/or screening for the benefit of the occupants or neighboring
areas. Open space may include water surfaces that comprise not more than ten percent of
total open space; however, required parking shall not be
computed as required open space.
22
Open storage. See Storage, open.
Outbuilding means a separate building or accessory structure not physically
connected to the principal building.
Outdoor sale means the selling of any goods, material, merchandise, or vehicles,
for more than 24 hours, in an area open to the sky and/or visible from adjacent properties
or rights -of -way.
Outparcel means a tract of land of any size or dimension which is not included in
a land development proposal or site plan and is specifically indicated as such on the
proposal or plan.
Parking lot means an off-street facility used for the storage or parking of motor
vehicles to provide an accessory service to a commercial, industrial, or residential use.
Party wall means a wall used or adapted for joint service between two buildings
or units.
Performance guarantee means a financial guarantee to ensure that all
improvements, facilities, or work required by this chapter will be completed in
compliance with this chapter, other regulations, and the approved plans and specifications
of a development.
Personal services means establishments primarily engaged in providing services
that involve the care of a person or his appearance. Such services may include, but are not
necessarily limited to, beauty parlors, shops or salons, barbershops, massage parlors,
personal training and fitness studi os. or any similar use that does not involve the sale of
any retail product.
Pier s W have the same meaning as "dock." ,
fishing, on or- evw submerged laa&, whieh is used p4mafily for or viewft
Place of assembly means a building, portion of a building or other site in or at
which facilities are provided for civic, fraternal, educational, political, religious, cultural
or social purposes. As set forth more fully in article VI, schedule of district regulations,
division 2, schedule of use regulations, places of assembly are generally permissible
throughout the village pursuant to the following table:
Places of Ass ly Table
Use Building R -1 A R -1 R -2 R -3 IC-1 IC-2 C -3 MU R/OP
Capacity Sq. Ft.
A IPlaces of assembly Max. 750 sq. ft. SE SE P P P' P' P' I P' SE
B Places of assembly Max. 1,500 sq. ft. SE SE SE SE SE' P' P' P' SE
C Places of assembly IMin. 1,515 sq. ft. I SE ISE ISE SE SE' SE' SE' SE' SE
P— Permitted uses. SE— Special Exception Uses.
Notes:
1. Place of assembly shall be within a separate, freestanding building in C -1,
C -2, C -3 and MU zoning districts.
Planned mixed -use development (PMUD) means a unified development process
that permits a mixture of land uses to develop in a creative, vital and diverse way.
Residential, commercial and public buildings and facilities are the primary uses in this
development approach. Neighborhood identity is emphasized in mixed -use areas and
23
responsible use of the environment and natural features is required. All modes of traffic,
including vehicular, pedestrian, and bicycle, are integrated into 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 negotiated with the village to provide optimum development flexibility in mixed -
use areas.
Plat means a map, plan or layout of the village, section or subdivision indicating
the location and boundaries of individual properties.
Plot means a parcel of ground containing more than one lot upon which a building
and its accessory buildings have been or may be erected.
Porch, open, means a roofed open structure projecting from the outside wall of a
building without window sash or any other form of permanent enclosure.
Premises means land and all buildings and structures thereon.
Pre - school facility means an educational center or establishment, including
kindergarten, which provides primarily instruction, supplemented by daytime care, for
four or more children between the ages of two and seven years, and which operates on a
regular basis.
Principal building. See Building, principal.
Principal use. See Use, principal.
Private dock means a dock or pier which is used for the private leisure purposes
of the residents of a single - family or multifamily dwelling unit located on a contiguous
riparian parcel and does not produce income.
Private garage. See Garage. private.
Professional office means the office of a person engaged in any occupation,
vocation, or calling, not purely commercial, mechanical, or agricultural, in which a
professed knowledge or skill in some department of science 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
does not include voter' offices nor does
it include health care facility or medical or dental offices.
Professional service means the conduct of business in any of the following related
categories: architectural, engineering, planning, law, medicine (including health care
facilities and medical or dental offices), music, art, interior design, dentistry, accounting,
insurance, real estate, finance and securities investments and any similar type business.
This definition does not include ve offices
Public agency means any government or governmental agency, board,
commission, authority or public body of the village, the county, the state, or the United
States government, or any legally constituted district.
Public buildings and facilities means any building held, used, or controlled
exclusively for public purposes by any department or branch of government, federal,
state, county or municipal, without reference to the ownership of the building or land
24
upon which it is situated. Ms definition includes "publicly owned community
s » '
Public improvement means any improvement, facility, or service, together with
customary improvements and appurtenances thereto, necessary to provide for public
needs, such as vehicular and pedestrian circulation systems, storm sewers, flood control
improvements, water 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 or privately owned utility, such as, but not
limited to, storm drainage, sanitary sewers, electric power, water service, gas service, and
telephone lines, whether underground or overhead.
Railroad right -of -way means a strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading platforms, train
sheds, warehouses, car or locomotive shops, or car yards.
Railway station. Most pedestrian pocket ordinances provide a reserved site for the
location of a railway station under "Transportation Building." These are buildings for
passenger mobilization, and food services, and premises for the repair, assembly or
fabrication of artifacts may also be allowed as complementary functions within the same
structure. It is not intended as a plastic terminal building of the kind found in most
suburban bus stations but as a permanent structure that dignifies our existence.
Recorded lot. See Lot of record.
Recreational vehicle means a vehicular type unit primarily designed for
recreational, camping, or travel use, which either has its own motive power or is mounted
on or drawn by another vehicle. The basic entities are travel trailers, camping trailers,
truck camper, —b uses and motor homes, boats boat trailers, nrivate motor coaches, van
conversions, nark trailers. fifth wheel trailers and all - terrain vehicles (ATVs).
Recreation/open space use means any privately or publicly owned passive or
active park, playground, 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 alteration, extension, enlargement or renovation of
50 percent or more of an existing development or project.
Redevelopment, minor, means alteration, extension, enlargement or renovation of
less than 50 percent of an existing development or project.
Rehabilitation facility means a private State of Florida licensed facility that
provides rehabilitation care for patients who are eighteen years of age or older. The
primary purpose of a rehabilitation facility is to provide treatment for drug and alcohol
addiction and eating disorders; however, the rehabilitation facility must be a dual
diagnostic facility staffed and equipped to provide treatment for co- occurring disorders.
Rehabilitation facilities may also provide programs that promote health, wellness and
overall lifestyle enhancements for their residents. Rehabilitation facilities must provide a
structured residential living environment which includes the following features: 24 -hour
on -site security; 24 -hour patient supervision by licensed nursing staff; and quality of life
services such as swimming pools, garden areas, sport- courts, exterior patios or sitting
25
areas, community living areas, meditation areas, fitness rooms, libraries, recreation
rooms, televisions, on -site food preparation, and telephone and internet service.
Rehabilitation facilities must provide rehabilitation care by means of short-term care
treatment and extended care treatment as needed, and may also provide follow -up
treatment and outpatient treatment to current residential patients of the Rehabilitation
facility, as well as a limited number of non- residential patients who have, at a minimum,
successfully completed short-term care treatment at the Rehabilitation facility.
Rehabilitation facilities shall not offer any services for individuals with a history of
violent behavior or threats to the public health, safety and welfare or the health, safety
and welfare of other patients. The following definitions apply to the definition of
rehabilitation facility:
(1) Rehabilitation care means diagnosis and treatment for drug and alcohol
addiction disorders, eating disorders and physical, behavioral, 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 rehabilitation
facility patient require emergency or medical detoxification, this must be
completed at an off -site facility prior to beginning rehabilitation care.
(2) Private means privately owned and funded 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 treatment of federally or state funded patients. Private
also means that the Rehabilitation facility shall not accept third party
payments or reimbursements from health maintenance organizations or
from pre - negotiated in- network insurance plans for patient care. Partial
payments from out -of- network insurance plans may be accepted by the
Rehabilitation facility for patient care so long as such partial payments are
not a pre - negotiated reduced amount meant to constitute full payment for
Rehabilitation care.
(3) Short -term care means a program designed for a minim residential stay
of 30 calendar days.
(4) Extended care treatment means an additional 30 to 60 calendar day stay in
residential treatment after completing the initial short-term care residential
treatment program.
(5) Follow -up treatment means a program designed for an additional one
week stay in residential treatment, subsequent to the previous completion
of the Short-term care or Extended care treatment program, and must
occur at the same facility where Short-term care or Extended care
treatment was received. Follow -up treatment is for those patients who
need additional structured follow -up treatment that does not require the
clinical intensity of the Short term or Extended care treatment program.
At any given time, Follow -up treatment shall not account for more than
ten percent (10 %) 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 restrictions regarding the
26
duration of the care, the location of the treatment or the number of
participating patients.
(6) Outpatient treatment means a regimen of treatment that may include any
or all of the following services: group counseling, individual counseling,
relapse prevention counseling, and educational lectures. Outpatient
treatment may be offered at the following levels: "Day or Night with
Community Housing" which provides a minimum of 25 hours of services
per patient per week; "Day or Night" which provides 12 -24 hours of
services per patient per week, "Intensive Outpatient" which provides 9 -11
hours of services per patient per week; and "Outpatient" which provides
less than 9 hours of services per patient per week. At any given time,
Outpatient treatment may only be provided to a maximum number of non-
residential patients equivalent to five percent (5 0 /6) of the Rehabilitation
facility's current Short term care, Extended care and residential Follow -up
treatment clientele. Outpatient treatment services can also be provided to
the Rehabilitation facility's patients who are currently receiving Short -
term care, Extended care or residential Follow -up treatment, 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(i)(16).
(7) Emergency or medical detoxification means the elimination of toxins such
as alcohol or controlled substances from the body of individuals who
require acute care and/or may have serious health risks as a result of their
substance abuse. Medical or emergency detoxification is performed under
the direct supervision of medical doctors and medical support staff, and
may include the administration of medication or tranquilizers in order to
ease the withdrawal process. Emergency or medical detoxification is a
prohibited use in a Rehabilitation Facility.
Residence. See Dwelling.
Residential use means use of land or structures thereon, or a portion thereof, as a
dwelling place for one or more families or households, including residential rehabilitation
facilities in the MU mixed -use district, but not otherwise including occupancy of a
transient nature such as hotels, motels, 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 prohibits or limits development to a greater (lesser) extent or
by means of more (less) detailed specifications.
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 restaurants, fast food restaurants, carryout restaurants and drive -in restaurants. A
cafeteria shall be deemed a restaurant for purposes 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 whose
design and method of operation includes any of the following:
27
a. Patrons place their order at their table from an individual hand -held
menu, which displays or describes the food and beverages
available to them.
b. Preparation, service and consumption of food and beverages takes
place within a completely enclosed building Qr, adjacent outside
table dining areas, meemmedafing at lea 80 pement of the
c. Outside table dining is permitted in areas permanently designated
for such use, and 9MI not eyweed 20 pereent of the esWb1ishmeB '
pefmiaed seating , shall be in keeping with the exterior
architectural theme of the building and landscape theme of the
prenu�'ses. and in no way shall permit the consumption of food or
beverages within automobiles. Outside table dining areas shall
comply with all applicable fire and accessibility codes. Outside
table seats shall be included in parking and lot coverage
calculations. For restaurants that are part of a shopping center
excluding W mendent ouWarcels), outdoor seating located on or
iacent to any walkway shall not exceed 20% of the restaurant's
permitted seating capacity; and outdoor seating located in a
mmon area shall not exceed 30% of the restaurant's permitted
so-ting capacity.
d. Food and beverages are regularly served 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 foods, frozen desserts, or beverages to the customer in a ready -to-
consume state for consumption either within the restaurant building or
adiacent outdoor table dining area, or for carryout with consumption off
the premises, and whose design or principal method of operation includes
any of the following characteristics:
a. Food and beverages are ordered from a limited menu posted in
sign form within the primary food service building or on the
premises.
b. Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
c. The consumption of foods, frozen desserts, or beverages within a
motor vehicle parked upon the premises,
is posted as being
prohibited and such prohibition is strictly enforced by the
restaurateur.
d. The kitchen 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
permitted seating capacity and whose design, method of operation or any
portion of whose business includes any of the following characteristics:
28
a. Food and beverages are ordered from a limited menu posted in
sign form within the primary food service building or on the
premises.
b. Foods, frozen desserts, or beverages may be served directly to the
customer in a motor vehicle 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, frozen desserts, or beverages within a
motor vehicle parked upon the premises, or at other facilities on
the premises outside the restaurant building, is permitted.
d. The kitchen is in excess of 50 percent of the total floor area.
A restaurant which provides drive -in facilities of any kind in connection
with regular restaurant activities shall be deemed a drive -in restaurant for
purposes of this chapter.
(4) Carryout restaurant means any establishment whose principal business is
the sale of foods, frozen desserts, or beverages to the customer in a ready -
to- consume state, and whose design or method of operation includes any
of the following characteristics:
a. Food and beverages are ordered from a limited menu posted in
sign form within the primary food service building or on the
premises.
b. Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
c. The consumption of foods, frozen desserts, 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 prohibition is strictly enforced by the
restaurateur.
d. The kitchen is in excess of 50 percent of the total floor area.
Retail sales and service means the selling of goods in small quantities directly to
the consumer in establishments which provide a service or offer a product to the general
public. This includes a pharmacy which means a retail establishment primarily offering
goods for retail sale on -site dispensing of prescription drugs, non - prescription drugs or
both. A retail pharmacy may also 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 local (village) serving in nature.
Large scale retail sales and services are tenant areas or individually owned
units in excess of 5, 34W square feet.
(2) Small scale retail sales and service means retail and/or service uses that
are local (village) serving in nature as opposed to large scale retail sales
and services which are regional serving in nature. Small scale retail sales
and services shall not exceed 5�� -3-,8A square feet in gross leasable area
for each tenant area or individually owned unit.
29
Retail sales area means the area in square feet devoted exclusively to the sale or
display of goods or commodities.
Right -of -way means a street, alley or other thoroughfare or easement, whether
physically accessible or not, which has been permanently established or dedicated for the
passage of persons or vehicles. Title to this land remains with the public or private
agency until the need no longer exists.
Roadside stand means an area and/or structure, located abutting but not within
any right -of -way or easement, with no space for customers within the structure itself, for
the display and sale of goods and commodities.
Sand dame means Hatutully eep- afleas of sand in r-idges or- moun
School means a place for systematic instruction in any branch or branches of
knowledge.
Seasonal high -water line means the line formed by the intersection of the rising
shore and the elevation of 150 percent of the local mean tidal range above mean high
water.
Self-service laundry. See Laundromat.
Setback means the horizontal distance between the front line, side line, or rear line
of the building site to the front, side or rear of the building or structure respectively.
Setback shall be measured perpendicular to and parallel with property or right -of -way
lines, except for properties abutting Country Club Drive, wherein setbacks shall be
measured perpendicular to and parallel with property or the reduced right -of -way line, as
measured from the point of intersection with the 15 -foot restrictive easement applicable
to Country Club Drive.
Setback; centerline. See Street centerline setback.
sales.
Shopping center means a group of architecturally unified commercial
establishments, otherwise allowed by this chapter, built on a site which is planned,
developed, owned and managed as an operating unit related in its location, size and type
of shops to the trade area that the unit services.
Sign means any advertisement, announcement, direction, or communication
produced in whole or in part by the construction, erection, 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 printed, lettered, pictured, figured, or colored material on any
building, structure, or surface. Signs placed or erected by governmental agencies or
nonprofit civic associations for a public purpose in the public interest shall not be
included in this definition, nor shall this include signs which are a part of the architectural
design of a building. Every sign, ground sign, wall sign, roof sign, illuminated sign,
projecting sign, temporary sign, and street clock which shall include any announcement,
declaration, demonstration, display, illustration or insignia 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-family.
30
Site plan means a graphic and textural presentation of a developmental proposal
in accordance with the appropriate sections of this chapter.
Special exception means a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety,
welfare, morals, order, comfort, convenience, appearance, prosperity, or the general
welfare of the district and the community. Such uses may be permitted in such zoning
district as special exceptions, only if specific provision for such special exceptions is
made in this chapter.
Start of construction,
and means the date of i nuance of a building Hermit for new construction and substantial
movements to existing structures, &e building peFM4 was issueEh provided the actual
start of construction, repair, reconstruction, rehabilitatim addition placement, or other
improvement was within 180 days of the date of the issuance pe>ate. The actual start
of construction means either the first placement of permanent construction of a buildin
swaetue (including a manufactured home) on a site, such as the pouring of slabs or
footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does 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 structure.
Storage, open, means the safekeeping of any goods or products in an unoccupied
space open to the sky for eventual removal not expected within 72 hours, or for
continuous replacement by same or similar goods or products.
Story means that portion of a building included between the upper surface of any
floor and the upper surface of the floor or roof next above, or if there is no floor above it:,
the space between the floor and the ceiling above it.
Street means any public or private thoroughfare which affords the principal means
of access to abutting property. It may be designated on the map as a street, avenue,
boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise.
Street centerline means the line midway between the street right -of -way lines of
the surveyed and platted centerline of a street, which may or may not be the line midway
between the existing right -of -way lines or pavement.
Street centerline setback means the minim distance measured from the street
centerline required for the preservation of existing right -of -way and future right -of -way
expansion.
Street intersection. See Intersection.
Street line means the line between the street and abutting property, also referred to
as right -of -way line.
Street tree means landscape plantings located along or within rights -of -way,
which are conducive to the aesthetics and safety of the right -of -way.
31
Structural alteration means any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any substantial change
in the roof or in the exterior walls, excepting such repairs or replacements as may be
required for the safety of the building.
Structural trim means the molding, battens, capping, nailing strips, latticing, 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 storage tank, or other manmade facility or
infrastructure, or that which is built or constructed; or an edifice or building of any kind
or any piece of work artificially built up or composed of parts joined together in some
definite manner. This includes but is not limited to platforms, radio towers, sheds, storage
bins, tents and display signs. Fences and walls of less than three feet in height and
walkways and other landscaping elements such as birdbaths, fountains and like items of
less than three feet in height, flagpoles, lampposts, basketball backboards, statues and
mailboxes shall not be considered as structures.
Structure, accessory. See Accessory structure.
Structure, major, includes but is not limited to residential buildings, commercial,
institutional, industrial, and other construction having the potential for substantial impact
on coastal zones.
Structure, minor, includes but is not limited to pile- supported elevated dune and
beach walkover structures; beach access ramps and walkways; stairways; pile- supported,
elevated viewing platforms, gazebos, and boardwalks; lifeguard support stands; public
and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis
courts, handball courts, racquetball courts, and other uncovered paved areas; earth
retaining walls; and sand fences, privacy fences, ornamental walls, ornamental garden
structures, aviaries, and other ornamental construction. It shall be a characteristic of
minor structures that they are considered to be expendable under design wind, wave, and
storm forces.
Structure, nonhabitable major, includes but is not limited to swimming pools;
parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other
water retention structures; water and sewage treatment plants; electrical power plants,
transmission and distribution lines, transformer pads, vaults and substations; roads,
bridges, streets, and highways; and underground storage tanks.
Subdivision means the division of a parcel of land into three or more lots or
parcels either by plat into lots and blocks or by metes and bounds description for the
purpose of transfer of ownership or development, or, if a new street is involved, any
division of a parcel of land. A lot split shall not, for purposes of this chapter, be
considered a subdivision. However, if a property becomes the subject of a lot split
subsequent to the adoption of the ordinance from which this 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 waters of the state
waterward of the mean high- water line.
Substantial improvement means any repair, reconstruction, rehabilitation. addition
or other improvement of a building or structure, the cost of which equals or exceeds 50
percent of the market assessed value of the b '1 or structure as established by the
32
before the improvement rr re started�
or- (H) the structure has incurred "substantial damage," any repairs are considered
stantial improvement regardless of the actual repair work performed. been damaged
. The term does
not, however, include any project for improvement of a b_u�'� stFwWm required to
e
eemply existing health, sanitary, or safety code ' mlations identified by the
wilding official and that are the mh9m speeifieafiens Whieh an soW necessary to
ewe safe living conditions, or any alteration of a ori structure provided the
alteration will not preclude the structure's continued designation as a "historic structure"
L term is defined at section 78 -832
or- the state iawater-y of hister-ir. plases.
Swimming pool means any structure designed for swimming, wading or other
aquatic recreational purposes, capable 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 exceed two feet above average finished grade.
Temporary use. See Use, temporary.
Terrace means an open porch without a permanent roof.
Theater means a building, or part of a building, devoted to showing motion
pictures, or for dramatic, musical or live performances.
Three-foot mean low -water line means the line formed by the intersection of a
plane three feet below the tidal plane of mean low water with the shore.
Timeshare means the use of any residential dwelling unit under which the
exclusive right of use, occupancy or possession of such unit circulates among various
occupants in accordance with a fixed time schedule on a periodically occurring basis for a
period of time established by such schedule.
Townhouse means a single - family dwelling constructed in a series or group of
attached units with property lines separating each unit.
Trailer means a separate vehicle, not driven or propelled by its own power, but
drawn by some independent power, to include any portable or movable structure or
vehicle including trailers designed for living quarters, offices, storage, or for moving or
hauling freight, equipment, animals, or merchandise of any kind, including boats, boat
trailers, swamp buggies, half- trucks and the like.
Travel trailer and -..' vehi ''° me s any vehicle or structure
designed and constructed in such manner as will permit occupancy thereof as sleeping
quarters for one or more persons, and so 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 structures shall have a body width not exceeding eight
feet, and a body length not exceeding 45 feet
igM does Fet eyweed 4,500 petmds, er- may be of my weight pmvided the body length
Trim. See Structural trim.
Two-family dwelling. See Duplex.
Use means the purpose or activity for which land or any building thereon is
designed, arranged, or intended, or for which it is occupied or maintained.
33
Use, accessory, means a use which:
(1) Is subordinate to and serves a principal structure or a principal use;
(2) Is subordinate in area, extent, and purpose to the principal structure or use
served;
(3) Is located on the same lot as the principal structure or use served except as
otherwise expressly authorized by provisions of this chapter; and
(4) Is customarily incidental to the principal structure or use.
Use, principal, means the specific primary purpose or function for which land is
used.
Use, temporary, means a use which is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time. Such uses do not
involve the construction or alteration of any permanent structure.
Variance means a variation from the district requirements of this chapter which is
granted by the zoning board of adjustment, where such variance will not be contrary to
the public interest and where, owing to conditions peculiar to the physical characteristics
of that particular property and not the result of the actions of the owner, agent, or
applicant, a literal enforcement of this chapter would result in unnecessary and undue
hardship.
Vehicle means any self - propelled conveyance designed for and used for the
purpose of transporting or moving persons, animals, freight, merchandise, or any
substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters, and
recreational vehicles.
(1) New motor vehicle means a motor vehicle, the equitable or legal title to
which has never been transferred by a manufacturer, distributor, importer
or dealer to an ultimate purchaser.
(2) Used motor vehicle means a motor vehicle, the equitable or legal title to
which has been transferred by a manufacturer, distributor, importer or
dealer to an ultimate purchaser.
Video sales and rental means commercial establishments engaged in the sale and
rental of video equipment, tapes and accessories for home entertainment.
Wall, breakaway. See Breakaway wall.
Warehouse means a building used primarily for the storage of goods and
materials.
means the straight line distame &em the point at whieh the eenteAiae of the deek e .'
intermets the mean high water- 1' d te the neanst peW on the mean low waWF
line of the opposite she � %-
34
MLWL
•' �' Intersection of
,g Centerline Dock with
• Mean I'Iigh Water Line
• MIIWL
Wholesale means the sale of goods or commodities usually in bulk or large
quantities and usually at a lower cost to a retailer for resale. Such sales activity takes
place in establishments or places of business primarily engaged in selling merchandise to
retailers, to industrial, commercial, institutional, or professional 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 members and guests for the purpose of furthering their interest in
small sailing or mechanically propelled vessels used for pleasure cruises or racing.
Yard means the unoccupied and unobstructed open spaces on the same lot with
the main building which extend from the ground upward.
(1) Front yard means the open space extending the full width of the lot, the
depth of which is the minimum horizontal distance between the front lot
line and the nearest line of the main building.
(2) Rear yard means the open space extending the full width of the lot, the
depth of which is the minimum horizontal distance between the rear lot
line and the nearest line of the main building.
(3) Side yard means the open space between the main building and the side
lot line, extending from the front yard to the rear yard, the width of which
is the horizontal distance from the nearest point 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 planned unit development in which a building is sited on one or more lot lines
with no yard. Conceivably, three of the four sides 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 land and buildings are permitted
and certain others are prohibited, yards, and other open spaces are required, lot areas,
building height limits, and other requirements are established, all of the foregoing being
identical for the zone in which they apply (see also District).
Zoning ordinance refers to the Village of Tequesta, Florida, Comprehensive
Zoning Ordinance printed in this chapter, further known by short title as the Official
Zoning Ordinance of the Village of Tequesta, Florida
Sec. 78-5. Effect on existing easements, covenants and agreements; conflicting regulations.
35
It is not intended by this chapter to interfere with nor abrogate nor annul any
easements, covenants or other agreements between parties; provided, however, that
where this chapter imposes a greater restriction of any kind upon the use of buildings or
premises, or upon the height of buildings, or requires larger open spaces than are imposed
or required by other ordinances, rules, or regulations, or by easements, covenants, or
agreements, the provisions of this chapter shall control.
Sec. 78-6. Enforcement officer; violations; penalties.
Enforcement officer. The village manager or his designate is hereby authorized
and directed to enforce this chapter.
(a) Violations, penalties.
(1) Violation of the provisions of this chapter or failure to comply with
any of its requirements (including violation of conditions and
safeguards established in connection with grants of variances or
special exceptions), shall constitute a violation. Alleged violations
may be cured by the village pursuant to the provisions of the
Village Code of Ordinances at chapter 2, administration, article IV,
code enforcement.
(2) The owner or tenant of any building, structure, premises, or part
thereof and any architect, building contractor, 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 shall be unlawful for any person to destroy, 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 shall 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 shall have the right to apply to the
circuit court of the county to enjoin and restrain any person
violating any provision of this chapter; and to request all necessary
and appropriate temporary and permanent injunctions as are
necessary to prevent or remedy the violation.
Sec. 78 -7. Unity of title declaration.
(a) Where it reasonably appears that a certain proposed use of property, as set forth in
an application fora evelonment order or for building permit, may subsequently
be changed by the sale or transfer of a portion of such property and that such
change would negate the application of zoning requirements relating to the
proposed use, the village shall require the property owner to execute a unity of
title declaration as a condition precedent to the approval of the site plan or the
issuance of a building permit for the proposed use. The unity of title declaration
shall apply to all the property necessary for the proposed use, and shall declare
36
that no portion of such property shall be sold or transferred by the owner or
successors in interest apart from the whole.
(b) In the event of a sale or transfer in contravention of a unity of title declaration, no
building permit will be issued for any portion of the property contained in the
unity of title declaration. The declaration shall remain in effect until a release 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 issuance of a
building permit.
Sees. 78- 8- 78 -30. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4 : Should 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 decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6 : This Ordinance shall become effective immediately upon passage.
37
Upon Second Reading this day 9th of October, the foregoing Ordinance was offered by Council
Member Okun who moved its adoption. The motion was seconded by Council Member
D'Ambra and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan Yes
Vice -Mayor Vince Arena Yes
Council Member Steve Okun Yes
Council Member Tom Paterno Yes
Council Member Frank D'Ambra Yes
The Mayor thereupon declared the Ordinance duly passed and adopted this 9th day of October,
2014.
MAYOR OF TEQUESTA
Bail B ennan
ATTEST:
NGE
Lori McWilliams, MMC cn: C �� - i.m=
Village Clerk
38