§ 11.2. Definitions.

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

Access. The principal means of ingress and egress to abutting property from a publicly dedicated right-of-way.

Accessory building. A subordinate building or structure on the same lot with the principal or main building, or the part of the main building occupied by or devoted exclusively to an accessory use.

Accessory use. A use customarily incidental and subordinate to the principal use or building located on the same lot as the principal use or building.

Alley. 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.

Alterations. Any modification, addition, or change in construction or type of occupancy, or change and arrangement in the structural parts of a building; any enlargement of a building, whether by extending a side or by increasing in height; or the moving from one location to another.

Apartment. A room or a suite of rooms occupied, which is intended or designed to be occupied, as the home or residence of one individual, family or household, for housekeeping purposes.

Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals or property.

Building area. That portion of a lot or parcel, exclusive of required yard setback areas, where structures may be erected.

Building, height of. The vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building, principal. A building in which is conducted the main or principal use of the lot on which it is located.

Clinic. An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by one or more physicians, dentists or similar professions.

Density. Existing and/or proposed amount of dwelling units on a specific land area, usually expressed in terms of the number of dwelling units per net acre.

District. 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.

Duplex. A building designed to accommodate two families living independently of each other. The building will have two addresses and two kitchens.

Dwelling. Any building, or portion thereof, which is designed or used exclusively by one family.

Dwelling, single-family. A building designed for and used exclusively by one family.

Easement. Any strip of land created by the subdivider or granted by the owner, for public or private utilities, drainage, or any other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation.

Essential services. The erection, construction, alteration or maintenance by public utilities or departments of underground or overhead gas, electrical, telephone transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire and police emergency call boxes, traffic signals, hydrants, streetlights and other similar equipment and accessories in connection therewith, but not including buildings.

Family. An individual, or two or more persons related by blood, marriage, or adoption occupying a dwelling unit and including not more than one roomer or boarder, or not more than four nonrelated individuals maintaining a household not for profit whereby common usage is made of culinary facilities.

Floor area. The sum of the total gross areas of all the floors of a building measured from the exterior walls.

Garage apartment. An accessory or subordinate building not attached to the main building which contains living facilities for not more than one family and has an enclosed area for the storage of at least one auto.

Garage, private. An accessory building or an accessory portion of the principal building designed or used solely for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. A carport would be considered a private garage.

Grades, finished. The completed surfaces of lawns, walks, drives and roads brought to grades as shown on official plans or designs.

Home occupation. An accessory use of a service or business which is conducted within the home primarily by members of the family thereof. Not more than one person who is not a member of the family may assist with the home occupation and the equipment use in conjunction with this enterprise may be of any type normally found within a home. The use of equipment may not cause any vibrations beyond the property line or emit sounds or noises not normally associated with a residence. In no case will alterations or changes be made to the exterior of the house which change the character thereof.

Lot. A lot is either:

(1)

A lot of record as part of a land subdivision, recorded in the office of the clerk of the circuit court of Palm Beach County, and existing on the effective date of these regulations, or any applicable subsequent amendment thereto;

(2)

A tract of land under a unity of title document or a tract of land, either unsubdivided or consisting of abutting lots or record, which, on the effective date of these regulations or any applicable subsequent amendment thereto, was in one ownership; or

(3)

A tract of land which at the time of filing for a building permit is designated by its owner or developer as a tract all of which is to be used, developed or built upon as a unit under one ownership.

Lot, corner. Either a lot bounded entirely by streets or a lot which is at the intersection of two contiguous streets provided the angle of intersection is not more than 135 degrees.

Lot coverage. That portion of the area of the lot expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three feet above the surface ground level.

Lot, double frontage. A lot which extends between and has frontage on two streets which are nonintersecting at this property.

Lot, interior. A lot which abuts other lots and not streets.

Lot of record. A parcel of land or lot which is part of a subdivision recorded in the official records of Palm Beach County on or before the effective date of this ordinance.

Lot, width of. The width of a lot measured either at the front lot line or street line or, in the case of lots on a curvilinear street, measured at the front yard setback line.

Nonconforming lot. A lot, parcel or tract of land existing at the time of passage of this ordinance that does not meet the minimum requirements of area, width or depth.

Nonconforming use. A building, structure or use of land existing at time of passage of this ordinance which does not conform to the use requirements of the district in which it is located.

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

Parking space. A defined area, enclosed or unenclosed, sufficient in size to store one automobile, exclusive of the area used for ingress and egress or the driveway connecting it to a public way.

Professional offices. The conduct of business in any of the following related categories: Architectural, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments and any similar type business.

Right-of-way. 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.

Setback line. A line parallel to a lot line which is a specific distance in each district in which no structures or buildings may be erected.

Sign. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trademarks or [trade] names or combination thereof, by which anything is made known, any banner, flag, pennant or other attention getting device which is visible from a public right-of-way and is used to designate a firm, individual, association, profession, business, commodity or product.

Storage, open. The safekeeping of any goods or products in an unoccupied space open to the sky, either fenced or unfenced, for a period of 72 hours or longer or for continuous replacement by same or similar goods or products.

Street. A strip of land, whether under public or private ownership, which provides the principal means of access to individual properties.

Street line. The legal line of demarcation between a street and abutting land.

Street, marginal access. A street which is parallel to and adjacent to a major street and which has as its principal purpose providing local traffic service to abutting properties and reducing traffic conflicts with the major street. This street may also be called a frontage road.

Structure. Anything constructed or erected, the use of which requires the attachment to or location with something on the ground.

Variance. A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship. The granting of a variance shall not confer on the applicant any greater benefit than is enjoyed by similar properties within the same district.

Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of the yard shall be construed as the minimum horizontal distance between the lot line and the building line.

Yard, front. A yard extending across the front of a lot between the side lot lines and measured between the front line of the lot and the nearest point of the main building or land use.

Yard, rear. A yard extending across the rear of a lot between the side lot lines and measured between the rear line of the lot and the nearest point of the main building or land use.

Yard, side. Side yards are situated between the sides of a building and side lot lines and extend from front yard to rear yard. Any lot line not a front line or rear line shall be deemed a side yard line.

(Ord. No. 50, § 1, 12-2-1982; Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)