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Minutes 03-27-07 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA MARCH 27, 2007 AT 6:30 P.M. PRESENT: Lee Wische, Chair Woodrow Hay, Vice Chair Jon Blehar Sergio Casaine William Cwynar Shirley Jaskiewicz Roger Saberson Sharon Grcevic, Alternate Jamila Alexander, Assistant City Attorney Mike Rumpf, Director, Planning and Zoning ABSENT: Matthew Barnes, Alternate 1. Call to Order and Pledge of Allegiance Chair Wische called the meeting to order at 6:31 p.m. followed by the Pledge of Allegiance to the Flag led by Chair Wische. 2. Introduction of the board Chair Wische introduced the members of the board. 3. Approval of Agenda Motion Mr. Cwynar moved to approve the agenda. Vice Chair Hay seconded the motion that unanimously passed. 4. Approval of Minutes Motion Vice Chair Hay moved to approve the minutes as presented. Ms. Jaskiewicz seconded the motion that unanimously passed. Assistant City Attorney Jamila Alexander administered the oath to all who would be testifying. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the February 27, 2007 Planning and Development Board meeting agenda items. 1 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Ed Breese, Principal Planner, announced the disposition of the following items: ~ Jerry's Cigar Lounge - approved by the City Commission ~ Estates of Heritage Club - approved by the City Commission Mr. Breese announced the Annual Board Dinner was scheduled for April. He requested the members RSVP if they have not already done so. 6. Old Business None 7. New Business A. Southern Dance Theatre Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Director Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Chair Wische read the request and indicated staff reviewed the item and recommended approval. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. There were no comments from the board on this item. Motion Mr. Cwynar moved approval of the request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Ms. Jaskiewicz seconded the motion that unanimously passed. B. Sausalito Groves Master Plan Modification 1. Project: Agent: Owner: Location: Sausalito Groves (MPMD-07-003) Sausalito Place Homeowners Association, Inc. Sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Description: Request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Chair Wische presented the request. David Kish, a resident of Sausalito, was present and agreed with the one staff condition of approval. Mr. Breese reviewed the request for the benefit of the public. Staff recommended approval due to the units backing up to the right-of-way. Chair Wische opened the public hearing. Robert Little, a resident of the Floral Drive development was present and objected to the request. The basis of his opposition was although the requested setbacks were not in his development, there were many ongoing issues with Sausalito that impacted his development. He prefaced his comments that the plans shown were not accurate and some amenities depicted were not installed. Mr. Little announced there were six Code Enforcement violations that pertained to this subdivision. The violations were for yard maintenance, and Sausalito does not maintain the easements, which are not visible to Sausalito but are visible to his development. Another issue pertained to the drainage ditch, which was not in compliance and which causes flooding in his development. Mr. Little provided copies of correspondence indicating the County acknowledged the flooding issues and was requesting the City's assistance with it. He requested the board should not approve anything related to the subdivision. Sausalito Place had already demonstrated they could not maintain their own property, and he thought they would not maintain this issue. He emphasized it is troublesome for his subdivision to constantly stay on Sausalito. There were no other public comments received and Chair Wische closed the floor. The members understood Mr. Little's point of view and collectively felt Mr. Little should pursue the issue with Code Enforcement and make the City Commission aware of the matter. Mr. Breese noted the Sausalito Place Homeowners Association President was in attendance and suggested the parties meet after the vote to discuss the issue further. Mr. Little was advised the minutes of the meeting would be forwarded to the City Commission and they would be aware of the problem. Motion Vice Chair Hay moved to approve the request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Ms. Jaskiewicz seconded the motion that passed 7-1, Mr. Blehar dissenting. 3 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 C. Knollwood P.U.D. Master Plan Modification Descri ption: Knollwood P.U.D. (MPMD 07-004) Julian Bryan, Julian Bryan and Associates, inc. DRHI, Inc. West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road. Request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. 1. Project: Agent: Owner: Location: Chair Wische presented this item and explained the request was recommended for approval based on it being a non-substantial use. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Breese explained the request was to reduce the requirements for screen roof enclosures and pools on perimeter lots. There was a 10 foot buffer easement to provide separation. It was noted the abutting property owners were notified. The site plan was reviewed and the existing rear yard setbacks for Nautica had a 25 foot setback with a 12 foot utility easement from the property line. Mr. Saberson asked whether there was a policy the setbacks would mirror the setbacks of the adjoining subdivision. Mr. Breese explained the setbacks would be compatible with the setback of the adjoining subdivision. Motion Mr. Cwynar moved to approve the request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Mr. Casaine seconded the motion that passed 7-1, Mr. Blehar dissenting. D. Dr. Mote's Physical Therapy Facility New Site Plan 1. Project: Dr. Mote's Physical Therapy Facility (NWSP 07-004) Jack Morgan, Morgan Properties Group, Inc. Mote Properties, LLC. Agent: Owner: 4 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Location: 3111 West Boynton Beach Boulevard, north side of Boynton Beach Boulevard between Bedding Barn on the east and Paz Plaza on the west. Request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601-acre parcel in a C-3 zoning district. Description: Chair Wische presented the request. Jack Morgan, Morgan Property Group, Inc. and agent for the project was present and agreed with all the conditions of approval. Mr. Breese reviewed the request as contained in the staff report. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. The cart enclosure for trash pickup at the rear of the property would accommodate a roll out cart, which would be rolled down the sidewalk on pick up days; a dumpster was not necessary. Motion Ms. Jaskiewicz moved to approve the request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601-acre parcel in a C-3 zoning district subject to all staff conditions. Vice Chair Hay seconded the motion that unanimously passed. E. Land Development Rewrite - Definitions and project update - This item was withdrawn and scheduled to April 24, 2007. Code Review 1. Project: Land Development Rewrite - Definitions and project update (CDRV 07-004) City-initiated Request to amend a portion of the Land Development Regulations Part III, Chapter 1, Article II. Definitions, to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Descri ption: Motion Mr. Cwynar moved to table the item to April 24, 2007, Mr. Casaine seconded the motion that unanimously passed. 5 Planning and Development Board Meeting Minutes Boynton Beach, Florida 8. Other March 27, 2007 None 9. Comments by members None 10. Adjournment There being no further business to discuss, the board properly adjourned at 7:00 p.m. (I ,{1IJ,~ a j~. . ail!} '. \__-llUJ-!1) In1.. i Catherine Ch -Guberma ~. Recording Secretary 040307 6 LDR RE-WRITE TABLE OF CONTENTS (Draft) DESCRIPTION PLANNED DATE Article II. Definitions Group 1 Table of Contents May - June 2007 Chapter 3. Zoning Arti cl e I. Overview Section 1. Definitions of Terms Section 2. Scope Section 3. Authority Section 4. Amendments to Zoning Section 5. Official Zoning Map Arti cl e II. General Provisions Section 1. Use Section 2. Density Section 3. Yards / Open Space Group 2 Section 4. Principal Buildings Section 5. Accessory Buildings June - July 2007 Section 6. Frontage Section 7. Relationship to Adopted Plans, Guidelines, or other Regulations Section 8. Temporary Buildings Section 9. Inclusionary Zoning Article III. Zoning Districts and Overlay Zones Section 1. Residential Districts Section 2. Commercial Districts Section 3. Industrial District Section 4. Planned Districts Section 5. Mixed-Use (Suburban) District Section 6. Mixed-Use (Urban) Districts Section 7. Miscellaneous Districts Section 8. Overlay Zones and Districts April 2, 2007 1 Article IV. Use Regulations Section 1. Operational Performance Standards Section 2. Hazardous / Toxic Waste and Substances Section 3. Use Matrix Group 2 (cont) Section 4. Notes and Restrictions Section 5. Permitted Uses June - July 2007 Section 6. Conditional Uses Section 7. Non-conforming Uses Section 8. Prohibited Uses Article V. Minimum Parking Requirements Section 1. Purpose and Intent Section 2. General Rules Section 3. Required Parking Calculations, By Use Section 4. Permanent Reservation of Spaces Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Section 1. Purpose and Intent Section 2. Location Standards for Parking Section 3. Parking Lot Design Section 4. Driveway Openings and Access Section 5. Fire Lanes Section 6. Loading Standards Section 7. Solid Waste Removal (Dumpster Location) Group 3 Section 8. Queuing and Stacking Section 9. Community Design Plan July - August 2007 Article VII. Lighting Standards Section 1. Purpose and Intent Section 2. Interior Lighting Standards Section 3. Required Exterior Lighting Section 4. Community Design Plan Article VIII. Utility and Infrastructure Design Standards Section 1. Purpose and Intent Section 2. Utilities Section 3. Sidewalks Section 4. Streets Section 5. Alleys Section 6. Bridges & Culverts Section 7. Drainage and Storm Water / Wastewater April 2, 2007 2 Section 8. Bicycle / Pedestrian Paths Group 3 (cont) Section 9. Easements July - August 2007 Chapter 4. Site Development Standards Article I. Environmental Protection Standards Section 1. Tree Preservation and Protection Section 2. Excavation and Fill Regulations Article II. Landscape Design and Buffering Standards Section 1. General Requirements Section 2. Particular Requirements Group 4 Section 3. Community Design Plan Section 4. Enforcement August - September 2007 Arti cl e III. Site Development Standards Section 1. Purpose & Intent Section 2. Applicability Section 3. Exemptions Section 4. Administration and Interpretation Section 5. Appeals (See "Variances") Section 6. General Exterior Design Section 7. Particular Exterior Design Section 8. Community Design Plan Article V. Supplemental Regulations Section 1. Accessory Structure Section 2. Buffer walls and Fences Section 3. Flagpoles Section 4. Helicopter Pads (aka Helistops) Section 5. Mobil Storage Containers (Pods) Group 5 Section 6. Satellite Dish Antennae Section 7. Swimming Pools and Spas September - October Section 8. Sidewalk Cafes 2007 Section 9. N on -Conforming Regulations Section 10. Wireless Communication Facilities Section 11. Sale of Used Merchandise Section 12. Exterior Display of Merchandise Section 13. Exterior Storage of Merchandise Section 14. Mailboxes April 2, 2007 3 Article IV. Sign Standards Section 1. General Section 2. Exemptions Section 3. Signs Allowed Section 4. Sign Program Section 5. Signs Prohibited Section 6. Community Design Plan Section 7. Non-conforming Group 6 Section 8. Variances Section 9. Off-premise signs October - November Article IX. Building, Housing, and Construction Standards 2007 Section 1. Purpose Section 2. Certificate of Occupancy / Completion Section 3. External Building Regulations Section 4. Building Standards Section 5. Flood Damage Prevention Standards Section 6. Housing Standards Section 7. Penalties Chapter 2. Land Development Process Arti cl e I. Overview Section 1. Pre-application Conference Section 2. Review Process, Generally Section 3. Development Orders Article II. Planning and Zoning Division Services Section 1. Annexation Group 7 Section 2. Land Use Amendment / Rezoning November - Section 3. Master Plan December 2007 Section 4. Master Site Plan (within Mixed Use Pod) Section 5. Site Plan Section 6. Conditional Use Section 7. Use Approval (Planned Developments) Section 8. Height Exception Section 9. Community Design Plan Appeal Section 10. Administrative Adjustments (staff only) Section 11. Variance to Zoning Code Section 12. Amendments to Zoning Code Section 13. Waivers Section 14. Abandonment and Vacation April 2, 2007 4 Arti cl e III. Engineering Division Services Section 1. Platting and Subdivision Review Section 2. Land Development Permit Section 3. Construction (Engineering) Plans Section 4. Rights-of-way Permit Section 5. Excavation and Grading Permit Article IV. Building Division Services Section 1. Clearing and Grubbing Permit Section 2. Building Permit Section 3. Irrigation Permit Section 4. Paving, Grading, and Drainage Permit Article V Surety Group 7 (cont) Section 1. Purpose November - Section 2. Applicability December 2007 Section 3. Types of Surety Section 4. Required Infrastructure Improvements Article VI. Occupational License Section 1. Special Events Article VII. Fees Section 1. Application Fees Section 2. Impact fees Section 3. Other fees Section 4. Payment Procedure Section 5. Credit Section 6. Land Donation Chapter 1. Planning Arti cl e 1. General Provisions Group 8 Section 1. In General Section 2. Purpose December 2007 - Section 3. Designation and Citation January 2008 Section 4. Catch Lines Section 5. Repeal Section 6. Severability Section 7. Penalties Section 8. Law Enforcement Education April 2, 2007 5 Section 9. Section 10. Article III. Section 1. Section 2. Section 3. Section 4. Section 5. Article IV. Section 1. Section 2. Section 3. Section 4. Article V. Ordinances not Affected by Regulation Ordinances; city laws and codification Relationship to Comprehensive Plan Authority Purpose and Intent Adoption Preemption Future Land Use Map (FLUM) Redevelopment Plans Federal Highway Community Corridor Redevelopment Plan Heart of Boynton Master Plans & Schematic Designs Ocean District Community Redevelopment Plan Boynton Beach Boulevard Corridor Plan Concurrency Management System Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Article VI. Authority Purpose and Intent Applicability Adopted Levels of Service Service Availability Administration Concurrency Certification - Overview Adequate Public Facilities (APF) Review Concurrency relationship with Development Orders Certification of concurrency / exemption upon request Decision Making and Administrative Bodies Section 1. Section 2. Section 3. City Commission Advisory Boards and Agencies Staff Article VII. Due Process and Quasi-Judicial Hearings Section 1. Section 2. Section 3. Overview Notice of Intent Appeals of Administrative Decisions Group 8 (cont) December 2007 - January 2008 April 2, 2007 S:\PlanninglZoning Code Update\LDR Rewrite\Part III\Chapters\Table ofContents\Final\TOC Timeline.doc 6 April 3, 2007 DEFINITIONS Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms should be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the supplemental definitions with these definitions, the specific definition for the specific applicable condition shall apply. The words, terms.....aRd phrases herein shall be defined as follovls ooless otherwise specified in this ordinanee. The '.vord "shall" is mandatory, the word "should" is preferred.....and the 'Nord "may" is permissive. The singular shall include the plaral and the present tense shall i1'l:ell:lde the futare tense and vice veFSa. 8eetio8 2. Rules of e08struetio8. In the construction of this Regulation, and of all ordinances, the follovling rules shaH be observed, unless the context clearly indieates otherwise: E. DEFINITIONS. 'Nhen used in this section, the f-ollowing terms shall have the f-ollo\\ing meanmgs. The follo'.ving words, terms and phrases, '",hen used in this subdivision, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: 2. Definitions. For the plHpose of this ordinance, the following defi1'l:itions shall apply: Section 2. Definitions. L\S used in this article, the follo'.vi1'l:g words and terms shall have the meaning ascribed thereto: Terms. ',1/ ords or phrases used in this article shall have the meaning they have in common usage and to gi'le this article its most reasonable application. Section 2. Definition..\ "planned unit development": .^~. Is land lHlder unified control, planned and developed as a whole in a single development operation of an approved programmed series of development operations for dwelling units and related uses and facilities; 2. Definition..\ "planned commereial development": a. Is land under unified control, planned and developed as a whole in a single de'/elopment operation or a programmed series of developmeflt operations for eommercial buildings and related uses and facilities; b. Provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; c. Is developed aecording to comprehensive and detailed plans for streets, utilities, lots, building sites, ete., and site plans, floor plans and elevations for all bl:lildings intended to 1 April 3, 2007 be loeated, constructed, used and related to ORe another, and detailed plans for other uses and impro'/emeRts on the land related to the buildiRgs; and d. Ineludes a prograffl for full provisioR, mainteaance, aBd operation of such areas, impro'iements, facilities and services fDr eommon use by the oecupants of the planned commercial development. B. DEFINITION. /\. "plar.ned iRdustrial development": 1. Is land under unified control, planned and developed as a whole in a single de'.'elopment operation or an approved prografflmed series of development operations fDr industrial buildings and related uses and facilities; 2. Provides fDr aB industrial district of efficient and harmonious desigR so arranged as to create an attractive project readily integrated v/ith and haviFlg no adverse effeet on adjoining or surrounding areas and developmems; 3. Is deyeloped according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other lises and improvements on the land related to the buildings; and 4. Includes a program for full provision, maintenance, and operation of sueh areas, impro'/ements, facilities and serviees for common use by the oceupants of the Pill, but will not be pro'/ided, operated or maintained at public expease. (1) For purposes of this subsection, the following definitions shall be applicable: }"1BANDONED 8ICN Sign v/hich no longer idemifies or advertises a bona fide aetivity, \-vhere the activity has been abandoned or does not possess a currem occapationallieense. ABUTTING PROPERTY - The condition of two (2) adjoining properties having a common property line or boundary. including cases where two (2) or more lots adjoin only on a comer or comers. See "Contiguous Lands." ACCESS - The principal or secondary means of ingress and egress to a lot from a dedicated publicly or privately dedicated right-of-way. ACCESS W ATERW A YS - A waterway which is developed or constructed for the purpose of providing access by water to lots within a subdivision. ACCESS WAY - A non-dedicated area. which is permitted for ingress or egress of vehicles or pedestrians. ACCESS. LEGAL - A dedicated and recorded right-of-way. or easement. excluding utility or drainage easements. affording perpetual ingress and egress from a subject property to a public thoroughfare. 2 April 3, 2007 ACCESSORY APARTMENT - Acccssery apartment. A habitable living unit added to or created within a single-family dwelling or its accessory structure, that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Specific design and parking requirements may apply, ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. Additional design recommendations and / or standards may be applied to the accessory building or structure. ACCESSORY USE - See "USE, ACCESSORY". }"CCESSORY USE Accessery use .^.. use incidental to, subordinate to, and subservient to the main use of the property. f..s defined in this section, an accessory use is a secondary use. ACRE - Land or water consisting of forty-three thousand five hundred sixty (43.560) square feet. ADDITION - Additien An expansion, extension, or increase in the usable space within a building or facility. ADEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in the concurrency regulations. Chapter 1.5. ADEQUATE SCREENING - To conceal from public view.. materials on private property.. with a physical screen structure made of one or more of the following: dense landscape material. metal, woodLor masonry. Said struetlH"e shall meet the requirements of the Standard Building Code. ADULT ENTERTAINMENT ESTABLISHMENT - An establishment that commercial enterprise whieh predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels, adult ef hotels, or the like with nude, bottomlessLOf topless entertainment or employees. .A...DVERTISINC STRUCTURE (SICNS) .^.. sign structlH"e erected or intended for advertising purposes, '.vith or vt'ithout advertisement display thereon, situated upon or attached to real property . AFFECTED PARTIES - Includes persons owning property or persons owning or operating a business within the boundaries of the City of Bovnton Beach whose development application or application for a permit or license is pending. AFFORDABILITY CONTROLS - Restrictions placed on Workforce Housing Units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. 3 April 3, 2007 AFFORDABILITY TERM - The time a workforce housing unit is required to remain affordable to income qualified buyers or renters. AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway. ALLEY - A right-of-way providing a secondary means of access and service to abutting property. .^~ right of 'Nay affording seeondary access to property. It is not intended or used for general traffic circulation. f,.LTER.A..TION Alteffltien f~ny ehange or modification in construction. AL TERA TION. ENVIRONMENTAL Y SENSITIVE LANDS - f~. .'\1teration: Any activity which results in the modification, variation or transformation of environmentally sensitive lands, including but not limited to placement of vehicles, structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, minerals or water. AL TERA TIONS, BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure. .A,.MU8EMENT f..RCADE .'\ commercial establishment: containing fOlK (1) or more video gai.'Bing, pinball, or similar player operated ai.'Busement devices, in any combination. ANCILLARY BUILDING OR STRUCTURE - See "ACCESSORY BUILDING OR STRUCTURE". f.. building or structlKe incidental to, subordinate to and sMbservient to the principal building or structlKe located on the premises. ANCILLARY USE - See "USE. ACCESSORY" .^.. use incidental to, subordinate to and subservient to the principal use of the premises. AND / OR - "And" may be read "or" and "or" may be read "and" ifthe sense requires it. l\NIM.A,.TED OR FLUTTERINC 8ICN .'\ sign which uses devices to generate moyement by either mechanical, electrical or natural methods. ANTENNA .'\ntenna - Any apparatus designed for the transmitting and / or receiving of electromagnetic waves, including but not limited to telephonic, radio or television communications. Types of elements include, but are not limited to omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. .^~ transmitting and/or receiyinc de'lice and/or relays used for personal'Nireless services that radiates or captures electromagnetic waves, includiag directional antennas, such as panel and micrmva'le dish antennas, aad omni directional antennas, sueh as whips, e~(Cludinc radar antennas, amateUf' radio antennas and satellite earth stations. ANTENNA ARRA Y - A single or grOUP of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device, such as a 4 April 3, 2007 mounting frame or mounting support structure, for the sole purpose of transmitting or receiving electromagnetic waves. ANTENNA ELEMENT - Any antenna or antenna array. ANTENNA SUPPORT STRUCTURE - A vertical proiection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point ofthe building by more than twenty (20) feet. Types of support structures include the following: GUYED- A style of antenna support structure consisting of a single truss assembly composed of sections with incorporated bracing. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. LATTICE- A tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars.. MONOPOLE- A style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections without gUY wires and the like or in the ground or on a building's roof. ANTENNA. COMBINED - An antenna or an antenna array designed and utilized to provide services for more than one (1 ) wireless provider for the same or similar type of services. ANTIQUE STORE or AUCTION HOUSE - See "MERCHANDISE, USED" The use of a building for the retail sale or auction of objects of ','alae such as quality antiques, art objeets, jewelry and the like, but not used merchandise generally. No outside storage or display shall be permitted in connection ,t'lith such uses. APARTMENT - See "DWELLING, MUL TI-F AMIL Y" /\. room or a suite of rooms oeeupied, or which is intended or designed to be occupied, as the home or residenee of one (1) individual, family or household, for housekeeping purposes. APARTMENT, EFFICIENCY - A dwelling residential unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. "A..PPLIC"A..NT See "De',eloper." APPLICANT - Generallv, an "applicant" is a property owner or person(s) or entity acting as an agent on behalf of the property owner, in a formal application for a development proposal. permit, or approval. For the purposes of determining Parks & Recreation impact fees, the term "applicant" is the person or entity applying, or required by the city code to apply for a building permit for the construction of three (3) or more dwelling units, or for the construction of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner. 5 April 3, 2007 }....PPROVED AfJfJr(T.'cd means approved by the develooment direetor or other authority having iurisdiction. ARCADE. AMUSEMENT - See "ENTERTAINMENT, INDOOR" ARCADE. PEDESTRIAN - A passage or walkway covered over by a succession of arches or vaults connecting two buildings or supported by stand-alone columns on one or both sides. It also more commonly describes a roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which are cantilevered from the exterior building wall to provide a covered walkway for the public along small shops, vendors and / or offices. A permanent, roof like structure opeN to the v;eather on one (1) or more sides, construeted of rigid materials, '..vhich is cantilevered from the building \vall, attached to and supported by the exterior building v;all or supported by freestanding columns or pillars. AREA OF SHALLOW FLOODING - See "FLOOD, AREA OF SHALLOW FLOODING". AREA OF SPECIAL FLOOD HAZARD - See "FLOOD, SPECIAL HAZARD AREA". ART. ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms ofthe visual arts conceived in any medium, material. or combination thereof. including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video proiections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event. functional furnishings, such as artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (1 ) reproductions or unlimited copies of original artwork, (2) art obiects, which are mass-produced, and (3) works that are decorative, ornamental. or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site. ART. BOOK. CRAFT. HOBBY. MUSIC. SPORTING GOOD. & TOY STORE - Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or other specific leisure activities, such as needlework and musical instruments but excluding the sale of ammunition or firearms as a principal use. Sporting goods 6 April 3,2007 stores may retail ammunition and / or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies. fabrics. patterns. yarns. and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. LA,.RTERI}.L RO}.D OR STREET LA.. route providing service v,41ich is relatiyely continuous and of relatiyely high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highw-ay is an arterial road, and e'/ery street shown or described as arterial according to the current or most recent funetional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. ARTIST OR PROFESSIONAL ARTIST - A practitioner in the visual arts. generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include. but are not limited to. income realized through the sole commission of artwork, frequent or consistent art exhibitions. placement of artwork in public institutions or museums. receipt of honors and awards. and training in the arts. ARTS COMMISSION means the - The advisory board established by the City Commission pursuant to Ordinance 01-64. LA,.THLETIC COMPETITIONS LA..ny amateur and professional cheerleading, dance and gymnastics e','ent, or any amateUI' or professional event, whieh involves physical contact between the participants, provided the event is a sporting event recognized as an Olympic sport by the United States Olympic Committee. AUTO / CAR WASH (POLISHING. WAXING. DETAILING) - Establishments providing for the cleaning of private automobiles. recreational vehicles (personal watercraft), or other light duty equipment through manual detailing and / or mechanical resources. AUTO / CAR WASH (SELF-SERVE BAY}- An establishment where washing. drying, polishing, or vacuuming of a passenger automobile or marine vessel is performed by the driver or the occupant. This use is not intended to serve a commercial or industrial fleet. AUTO DEALER. NEW - An establishment primarily engaged in retailing new automobiles. motorcycles. and light trucks: such as sport utility vehicles. passenger, and cargo vans. AUTO DEALER. USED - An establishment primarily engaged in retailing used automobiles. motorcycles. and light trucks: such as sport utility vehicles. passenger. and cargo vans. LA,.UTO PARTS SALES (RETLA,.IL) Sale of auto parts from a commercial establishment for installation and use off premises. AUTOMOBILE - An automobile.. ef motorcycle, or the like as defined by the rules ofthe Florida Department of Highway Safety and Motor Vehicles. 7 April 3, 2007 AUTOMOBILE RENTAL - An establishment Establishments primarily engaged in renting passenger new er-eki automobiles. which includes light trucks. sport utility vehicles. motorcycles, and passenger vans withoMt drivers on a short term basis. This term excludes those establishments engaged in paSSCl'l:ger car retail auto dealing and leasing (long-term basis) and taxi and limousine services (short-term basis). AUTOMOTIVE. MAJOR REPAIR - An establishment primarily engaged in minor automotive repair services as well as complete engine overhaul and / or replacement of internal parts of engines. Also included is the repair of any portion of the drive mechanism. body and fender work. upholstering. painting and customizing. AUTOMOTIVE. MINOR REPAIR Autematbe Repairs (l./iner). An establishment primarily engaged in minor automotive repair services such as oil change. lubrication. engine tune-up. carburetor repairs. tire mounting and balancing. and the replacement and / or repair of external parts of engines. Providing replacement or repairs to automotive tires, batteries, aeeessories. Includes lubricatiofl. oil chaflges. repairs to air cOFlditioning. non eflgiFle and exhaust related service and repairs. but not including eFlgine overhaul and/or replacement of internal parts of en?:ines, body and fender work. painting afld eustomizing. AUTOMOTIVE PARTS STORE - An establishment primarily engaged in the retail sales of new auto parts and accessories. Sale of auto parts from a commercial establishment for installation and use off-premises. }...UTOMOTIVE SERVICE ST}...TION The use ofa building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. AUTOMOTIVE WINDOW TINTING / STEREO INST ALLA TION / ALARMS - An establishment primarily engaged in tinting automotive vehicles. such as passenger cars. trucks. and vans. They may also include establishments that are primarily engaged in retailing and installing automotive accessories, such as stereos and alarm systems. AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same is so erected as to permit its being raised to a position flat against the building when not III use. 8 April 3, 2007 BAKERY. COMMERCIAL - An establishment primarily engaged in the manufacturing of bread and other bakery products. BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered. BANK AND FINANCIAL OFFICE- A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. BAR AND NIGHTCLUB - Any licensed premises that is devoted predominately or totally, to the serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult entertainment). The service of food may be incidental to the service of the aforementioned beverages, activities. and entertainment. These establishments are known as but are not limited to the following: bars. cigar bars. cabarets. cocktail lounges. comedy clubs. dance clubs, discotheques. night clubs, piano bars. pubs. and saloons. B.'\R OR COCKTAIL LOUNCE :\n establishment devoted primarily to the serving of beer, wine, or liquor, or any combination thereof, for on site consumption. The service offood shall be incidental to the service of alcoholic be'lerages. BASE FLOOD - See "FLOOD, BASE". BASE STATION (GROUND EQUIPMENT)- The electronic equipment utilized by the wireless providers for the transmission and reception of radio signals. BED AND BREAKFAST - A private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building, in conformance with the prescribed regulations as outlined in the Land Development Regulations. BEER. WINE. & LIQUOR STORE - An establishment primarily engaged in retailing packaged alcoholic beverages. such as ale. beer. wine. and liquor. They are limited to off-site consumption. Package liql:lor store is an establishment where aleoholic beverages are dispensed or sold in sealed containers for consumption off the premises. BENCHMARK - A relatively permanent material obiect, natural or artificial. bearing a marked point whose elevation above or below an adopted datum plane is known. BETTERMENT PLAN OR ALTERNATIVE COMPLIANCE- A proper landscape plan that demonstrates that an improvement or betterment of the environment can be accomplished over the existing site conditions if such landscape plan is carried out to its fullest. Such a plan is submitted and reviewed to meet or exceed the intent of the City's landscape regulations. 9 April 3, 2007 BEVERAGE MFG - An establishment primarily engaged in one or more of the following: (1) manufacturing soft drinks, tea, and coffee; (2) manufacturing ice; and (3) purifying and bottling water. Distilling and / or brewing is prohibited. BI CYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or noncommercial messages that refer to something other than the name, primary character.....and/or purpose of the establishment or business on the premises where the sign is located. BILLIf...RD Hf...LL .^.. commercial establishment containing more than t';/o (2) pool or billiard tables for the use of patrons. BLOCK - Includes Tier or Grouf) and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets, parks or other physical barriers and public space, having an assigned number, letter, or other name through which it may be identified. ,^.. parcel ofland surrounded by streets, \vaterv.'ays, railroad rights of way, parks or other public spae&.- BOARD - "Board": Board means any board appointed by the City, such as the Planning and Development Board. Board shall mean the plarJling and development board of the City of Boynton Beach. BOf\RDINC AND ROOM.INC HOUSE .^.. building other than hotel or motel pro'liding lodging and vt'here meals are or are not served for compensation. BOAT DEALER / RENTAL - An establishment primarilv engaged in (1) retailing new and / or used boats, (2) retailing new boats and selling replacement parts and accessories, (3), renting boats, or (4) a yacht brokerage business, including the display and temporary storage of boats on- site (customarily incidental to the principal use). A yacht broker that exclusively displays / stores boats off-site would be considered an office use. A boat dealer / rental excludes the repair or service of vessels on the premises BOAT REPAIR - A facility where boats are repaired, serviced, customized, or detailed. BOf...TEL Yachtel. BOL T THROW - Bolt threw is the The distance from the lock front surface to the farthest proiected point on the bolt or latch at the center line when subiected to end pressure. BO'VLINC ALLEY .^.. commercial establishment that de'lotes more than fifty percent (50%) of its gross floor area to bowling lanes, equipment and ancillary PMblic areas. 10 April 3, 2007 BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in-lieu of payments, donated land, or housing units for the purpose of providing Workforce Housing Units. BREAKPOINT TECHNOLOGY - The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole. BREAKA WAY WALL - Brcakawer' well a A wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation svstem. BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage-way for carrying traffic as defined in the Florida State Statues chapter 316 or other moving loads. BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to physically separate or screen a residential one use or property from a non-residential property another so as to visually shield or block noise, lights, or other nuisances. Finish on both sides of wall must be approved by the Director of Planning and Zoning. BUILDABLE AREA - Buildable area: "Buildable area" shall be defined to mean that That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected. BUILDING - All construction built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The '.vord "building" shall include the 'Nord "strueture" and anything constructed or ereeted v/hich requires permanent location on the ground or anything attached to sueh a building or structure. L\ building or strueture shall include, but not be limited to, all construction specified in Chapter 2 of the City's Land Development Regulations. BUILDINC means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, ehattel or property. 11 April 3, 2007 BUILDINC .A1RE'''1 The portion of a lot remaining after the required setbacks have been pro'lided. Buildings may be placed in any part of the building area, but limitations on the percentage of the lot which may be covered by buildings may require open space within the building area. BUILDING FACADE - That portion of the exterior elevations of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevations. Rat Roof Gable/hip roof Parapet Roof Mansard Roof BUILDING FRONT AGE - The main entrance side of a building or bay. BUILDING OFFICIAL - The official (or authorized representative) responsible for the interpretation and administration of the City's Building Code. The official in charge of the Building Division or his authorized representati'y'e. BUILDING SETBACK LINE - A line delineating the minimum required allowable distance between tfle each property line and the building. Front Setback Line Rear Setback Line Property Line Side Setback Line 12 April 3, 2007 BUILDING SITE - A portion or parcel ofland 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 / STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMA, whichever is highest, to the highest point ofthe roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features ofthe same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of Chapter 2, Section 4.F. of the Land Development Regulations, City of Boynton Beach Florida. Walls or retaining walls shall also be measured from the lowest adjacent property line to the to of the structure excluding column caps column capitals and other similar architectural items. To roof high point '\ \ \ To deckline when "\ parapet less than 5' \ \ \ " Midpoint between , eaves and ridge \ \ Midpoint between -, eaves and ridge \ I Mai. Height "I Flat Roof Mansard Roof Gable/hip roof Parapet Roof BUILDING, PRINCIPAL - A building wherein which is conducted the main or principal use of the lot on '.vhich said building is conducted situated. BULK STORf..CE, S"A..LE, OR DISTRIBUTION The receiving, transfer or storage of unpackaged goods or materials at a prem.ises, or the subsequent sale or transfer of such goods or materials from the premises in a packaged or unpackaged form. fJso, the storage, reeeiving or transfer of goods, commodities or materials in ooits '.vhich are larger than the units whieh are typically distributed or sold from the premises. Where bulk storage is not permitted, all goods, commodities or materials shall be pre paekaged '",hen received at the premises aFld shall be stored, sold and distributed in the same form, quantity and units as '",hen reeei',ed at the premises. BURCL.....R RESIST}..NT M".....TERIf..L Ihtrf!fflr resistant material means fram.ed glass or glass like materials that can 'Nithstand the impact of a five pound steel ball dropped from a height of f-ort)' (10) feet and five (5) impaets from a height often (10) feet concentrated within a five inch diameter area of the surface \vithout release from frame. Tested in accordance with UL 72 +9+2,. 13 April 3, 2007 BUS BENCH SICN .\ bench or seat with graphics, symbols and/or copy affixed against any slH"face. BUS SHELTER SICN Graphics, symbols and/or copy affixed to any smace of a public transit shelter. BUSINESS OFFICE f..ny commercial activity primarily conducted in an office, not iayolYing the sale of goods or commodities a'/ailable in an office and not dispensing personal services, and including such businesses as real estate brokers, inslH"anee offices, accountants, credit reporting ageneies, telephoae ansv.<ering services or any similar uses. BUSINESS OR PROFFESIONAL OFFICE - An establishment that conducts administrative and / or professional functions that serve internal operations and / or customers or clients, involving accounting, consulting, design, legal. research, scientific, technical. or other similar professional or administrative functions. BUSINESS TAX OCCUP......TIONl\L LICENSE - A tax levied for the privilege license to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of the City's of Boynton Beach Code of Ordinances. CALIPER - A point on a tree used as part of the accepted method of measurement of the thickness of a tree trunk, as defined in the Florida Grades and Standards Manual. The measurement is taken at 6 inches from the ground, unless trunk diameter measured six (6) inches from the ground is greater than 4 inches, in which case the measurement is taken at twelve (12) inches from the ground. CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, or sidewalk or building. CAPITAL IMPROVEMENTS ELEMENT QR {CIEl.- The capital improvements element of the comprehensive plan of the City eity. CARPET AND UPHOLSTERY CLEANING - An etablishment primarily engaged in cleaning and / or dyeing used rugS, carpets, and upholstery. 14 April 3, 2007 CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles. CAR - See "AUTOMOBILE". CAR RENTAL - See "AUTOMOBILE RENTAL". CAR WASH - See "AUTO / CAR WASH". CiA,.R WASH (AUTOMiA1TIC OR SELF SERVICE) .^.. building or area v/hich provides facilities for "'lashing and cleaning motor vehicles, which may use production line methods '.vith a conveyor, blo"'/er or other mechanical devices, and which may employ some hand labor. CATERER - An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles used to prepare and transport meals and/or snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Unless specifically provided for within these regulations, on site consumption and/or take-out service is not a permitted accessory use. CEMETERY - An establishment that is primarily engaged in operating site(s) or structure(s) reserved for the interment of human or animal remains. CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the city engineer, which mayor may not be the line midway between the existing or proposed right-of-way lines. CERTIFICATE OF CONFORMANCE - Certification issued by the Development Director or designee that a parceL building, and/or site improvements made non-conforming due to actions of a governmental entity, shall be deemed to conform upon the issuance of a Certificate of Conformity as outlined in the Land Development Regulations. CERTIFICATE OF OCCUPANCY - A statement signed by the city development director setting forth that a building or structure legally complies with the City of Boynton Beach Building and Zoning Codes and that the same may be used for the purposes stated therein. 15 April 3, 2007 CERTIFICATION OF CONCURRENCY - Shall eOl'lstitute proof Proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set forth in the Land Development Regulations Chapter 1.5, and shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires. CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. certified signed and sealed by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, accurate and in compliance with all applicable laws, rules and regulations. CH}'>u~CEABLE COpy SICN .^,. sign of permaneHt character, but \-'lith removable letters, words or numerals, indicating the names or persons associated '.vith, or events condueted upon, the premises upon which a sign is erected. This sign may be erected as a part of a freestanding stglr. CHECK CASHING - A person or business that for compensation engages, in whole or in part. in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This use does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. CHICKEE HUT - See "OPEN-AIR PA VILLION". CHILD - An unmarried person under the age of eighteen (18) years. CHILD CARE F f..CILITY Child carc facility .^,.n establishment that pro'y'ides eare, protection and supervision for ehildren on a regulai' basis aVfllY from. their prim.ary residence for less than t'.venty fOlK (21) hOlKs per day. The term does not include facilities operated in conjlH1ction '.vith an employment use or other principal acti',ity, where children are cai'ed for while pai'ents or custodians are occupied on the premises or in the immediate yicinity. CHURCH - Also known as a place of worship, is a building or group of buildings wherein persons regularly assemble for religious worship and related activities. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a church. CITY - The City of Boynton Beach, a municipality established in the County of Palm Beach, State of Florida to be a political corporation under the name of City of Boynton Beach pursuant to the laws of Florida. The City of Boynton Beach, Florida. CITY COMMISSION - City Council,l Commission. Whenever the words "City Commission" are used, they shall be construed to mean the City Commission of the City of Boynton Beach. CITY ENGINEER - A Florida licensed professional engineer in charge ofthe City ofBovnton Beach, Department of Public W orkslEngineering Division, and who acts as the administrative officer for the purposes of implementing the City's platting requirements. A Florida registered engineer in eharge of the Boynton Beaeh EngiFleering Di'y'ision. 16 April 3, 2007 CITY INPSECTO R - The person( s) designated bv a city administrator to inspect improvements. a business. or property for compliance with the City's regulations. City inspector: The eity forester or an',' person designated by the city manager to enf-orce the City's Code or Ordinanees provisions of this article. CITY STANDARDS - Standards adopted by resolutioFl by the City of Boynton Beach. CITY STREET SYSTEM - The City eity street system of each municipality consists consisting of all local roads within that mooicipality, and all collector roads inside the City of Bovnton Beach that mMflicipality, which are not in the State of Florida or Palm Beach County county road system. CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper. under contract or employment with the City of Boynton Beach. Florida in accordance with ~. 177.081 (1) Fla. Stat.. as amended from time to time. CLINIC .'\n establishment where patients, who are not lodged oyemight except for observation or emergency treatment, are admitted for examination and treatment by one (1) person or group of persons practieing any form of healing or health building services to individuals, ,-,<,hether such persons be medical doctors, ehiropractors, osteopaths, chiropodists, natlH"opaths, optometrists, dentists, '/eteriFlanans or any such profession, the practice of which is la'-'.Tul in the State of Florida. CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new clothing and clothing accessories merchandise from fixed point-of-sale locations. CLUB Buildings and facilities o',vned and operated by a corporation or association of persons for social or recreational purposes but not operated primarily for a profit or to render a service which is customarily earried on as a business. COASTAL HIGH HAZARD AREA - See "FLOOD. COASTAL HIGH HAZARD AREA" CODE 1958 - Cade 1958. Any reference herein to "Code 1958" shall be construed to mean the "Code of Ordinances, City of Boynton Beach, Florida," adopted October 20, 1958, by Ordinance Number 315, as from time to time amended and supplemented. Caffee hause. .^1n informal cafe or restaurant primarily offering eoffee, tea, and other non alcoholic beverages, and ','/here light refreshments and limited menu meals may also be sold. COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities with coin-operated or similar self-service laundry I dry cleaning equipment for customer use on the premises, contingent upon the floor area of such use is entirely enclosed. COLLECTOR ROAD OR STREET - See "STREET. COLLECTOR". -l1 route providing service which is of relati'/ely moderate average traffic yolume, moderately average trip length and moderately average operating speed. Such a route also colleets and distributes traffic between local roads or arterial roads and serves as a linkage bet\veen land access and mobility needs. .^1 17 April 3, 2007 street sho'.'fll or described as a collector accordiNg to the current or most recent functioflal classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is a collector street. COLLEGE. UNIVERSITY. SEMINARY - An establishment primarily engaged in furnishing academic courses and granting degrees at associate, baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent. COLOCA TION - The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment. COMBUSTIBLE SICN .^..ny sign or sign structure which will ignite or support flames and \'fhich has a to'.\' flaHle point. Prime examples of combustible signs '."ould be wood, non U .L. approved plastics, cloths, etc. COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles. COMMERCIAL ZONING DISTRICT - All C-I, C-2, C-3, C-4, CBD, and PCD zoning districts. COMMISSION The City Commission of the City of Boynton Beach, Florida. COMMUNITY FACILITIES - A governmental use established primarily for the benefit and service for the population of the community in which it is located. COMPLETEL Y ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided, and open for the accommodation of persons, goods" or vehicles. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by the Florida Statutes F.S. 163. COMPUTATION OF TIME- Computa#a!1 o/time. In computing any period of time prescribed or allowed by this Code or Regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. CONCEALED WIRELESS COMMUNICTION FACILITY - See "WIRELESS COMMUNICATION FACILITY". 18 April 3, 2007 CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or regulations. CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. CONCURRENCY EXEMPTION DETERMINATION - A written certification by the planning director that a development order or permit is exempt with respect to meeting the concurrency requirements for a particular public facility. CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is The reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification of concurrency expires. CONDITIONAL USE - See "USE, CONDITIONAL". CONDOMINIUM - See "PROPERTY OWNERS ASSOCIATION". CONSIGNMENT SHOP - See "MERCHANDISE, USED". CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data. CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility. Also see the Florida Statues in connection with annexation. CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground, and landscaping. CONVALESCENT HOME - See "GROUP HOME". CONVENIENCE STORE_- Convenicncc storc An establishment known as a convenience store or a food mart (except those with fuel pumps) is primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks. The term "convenience store" does not include a store which is solely or primarily a restaurant. A small store near a residential area that stocks food llnd general goods and is open all or most of the day and night. 19 April 3, 2007 CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. CONVERTED PAPER PRODUCT PROCESSING - An establishment primarily engaged in converting paper or paperboard without manufacturing paper or paperboard. This use is limited to cutting. stamping. folding. laminating. lining. coating. and treating of purchased paper. paperboard. foil. sheet. or film materials. COPYING. PRINTING. AND SIGN DESIGN - An establishment primarily engaged in providing photocopying. duplicating. blueprinting. office support and printing services (excluding commercial printing operations- see "PUBLISHING AND COMMERCIAL PRINTING"). This use also includes the preparation of temporary signs such as banners. pennants. or other signs constructed of non-rigid materials not intended for permanent display. CORNER - See "LOT" ~ COSMETICS. BEAUTY SUPPLY. AND PERFUME - An establishment primarily engaged in the retail sales of cosmetics. beauty supplies. perfumes. colognes. and the like. COS.METOLOCY A...~D BARBER SCHOOLS /\.n establishment primarily engaged in offering training in barbering, hair styling, or the cosmetic arts, sueh as makeup or skin care. These schools provide job speeific certification. COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required improvements, supervision, profit~ and overhead. COUNSELING - An establishment that provides professional advice and guidance for matters concerning but not limited to marriage and family. occupation and career. debt and finance. mental health. and substance abuse. This use excludes group counseling. administering medications. and in-patient or resident care. COUNTY - The words "the county" or "this county" shall mean the county of Palm Beach. COUNTY ROAD SYSTEM - The county road system consisting of each cOlmty eonsists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. COVERED \V...\LK\V...A1Y ...A...ND ...A1RC...A...DE SICN /\. sign '.,mch is perpendicular to the building faee and is suspended from, attached to, supported from or forms part of, a covered 'Nalk.vay and is rigid. CROSSWALK - That part of a roadway at an intersection included 'Nithin the eonneetions of the lateral lines of the side'.valks on opposite sides of the high\vay, measlH'ed from the ClH'DS or, in the absence of curbs, from the edges of the traversable roadway. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 20 April 3, 2007 CUL-DE-SAC - See "STREET". CURRENT STfA..>.~Df...RDS Documents, dra'.vings, specifications, details, laws, rules, regulations, ordinances and the like in effect ON the date an application or ameNded application, vmichever is later, is presented for consideration. CUST01\f FUR~ISHINCS Custom furnishinf!s. Home furniture and decorati'/e obieets built to a buyer's specifications. CUSTOMARY PLAQUE }" sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. CYBER CAFE C'ibcr c(:lfc. f" coffee house that provides patrons with computer terminals for bro'.vsin?: the Internet for a fee. DAIRY PRODUCTS MFG - An establishment that manufactures dairy products from raw milk. processed milk. and dairy substitutes. DAY CARE - An establishment that provides care. protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four (24) hours per day. The term does not include facilities operated in coni unction with an employment use or other principal activity. where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Df... Y SPf... D(:ly'sea. Spa faeilities that ha'/e no o'/ernight accommodations. bat off-er (an array of spa treatments administered by liceNsed and certified spa technicians) beauty. wellness and rela}mtion pro crams that may last from a f-ew minutes up to a full day. DAY & TRADE LABOR POOL (TEMPORARY HELP) - An establishment engaged in providing temporary day or manual labor service for the construction. maintenance. agricultural. or industrial trades. dBA - The total sound level of all noise as measured with a sound level measuring device using A-weighting network. The unit is decibel:based on a reference sound pressure of .0002 microbars. DEAD END STREET - See "STREET" }" street with only one outlet. DEED RESTRICTION - Each Workforce Housing Unit created under the Program shall be deed restricted for thirty (30) years. The Deed Restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. DEMOLITION - Any intentional dismantling, inteFltional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property. 21 April 3, 2007 DENSITY - The number of residential dwelling units permitted on a particular lot or within a proiect determined by dividing the applicable zoning district minimum lot size for one dwelling unit into the groSS acreage of said lot. Density is always expressed in terms of dwelling units per gross acre (d.u./g.ac.). "Ain existing or projeeted relationship betv/een numbers of dwelling ooits and land area. Maximum density 4.84 d.u,fg.ac Maximum density 9.68 d.u./g.ac Maximum density 80 d.u,fg.ac DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications. DEPiA..RTMENT STORE /\. retail establishment offering a wide variety ofmerehandise, and organized into departments, according to the type of merehandise sold. DEVELOPER - The owners of record executing the dedication required by s. 177.081, Fla. Stat., and applying for approval of a plat of a subdivision pursuant to this Chapter. i\ny individual, firm, association, syndieate, copartnership, corporation, trust or any other legal entity commencing proceedings ooder this ordinance. The term "deyeloper" includes the term "s1:1bdivider". DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, engaged retained by the developer. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities. commercial buildings, shopping centers, or industrial proiects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in ~. 380.04 Fla. Stat., pursuant to a development order or permit. Shall have the meaning given it in Section 380.01, Florida Statutes, pursuant to a development order or permit. DEVELOPMENT means any construction, or redevelopment, or structural alteration of any private or public building vv-ithin the limits of the City. DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building permit, or variance, as it relates to the Notice of Intent section of these regulations. 22 April 3, 2007 DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or permit including, but not limited to, a development agreement pursuant to Section 163.3220, Florida Statutes, or an agreement on a development order issued pursuant to Section 380.01 et seq., Florida Statutes. DEVELOPMENT AREA - Under the provisions of the Wireless Communication Facilities section of these regulations, it is the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework. equipment cabinets, ancillary structures and access ways. DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City Commission and issuance, in vmting, by the city attorney. DEVELOPMENT PERMIT - Any permit authorizingfefrequired improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting commencement of development as defined in Florida Statutes, Section 380.04, or any other official action or types of action by the city which, in the judgement of the city manager, would permit the use or development of land similar to any of the listed actions. DEVELOPMENT. ELIGIBLE - Under the Workforce Housing provisions ofthese regulations, an "eligible development" is a development at one location which includes at least ten (10) residential units for which site plan approval has been granted. DIET / NUTRITION CENTER - An establishment that conducts non-medical types of services to assist clients in attaining or maintaining a desired weight. The sale of weight reduction products, such as food supplements, may be an integral component of the program. These services typically include individual or group counseling, menu and exercise planning, and weight and body measurement monitoring. DIRECTIONAL SICNS (1) On premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach COlHlty, State of Florida or the United States Goyernment or agency thereof, for the direction or safety of the public. (3).^.. sign, notice.Lor symbol as to the time and place of regular civic meetings and religious services. DIRECTORY SICN /'J.. freestanding or flat sign listing only the name and/or use or loeation of more than one (1) business, acti';ity or profession conducted within a building, group of buildings or commercial center. DISTRIBUTOR - Distrifmter. Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the City of Boynton Beach. DISTRICT: {ZONINGt - See "ZONING DISTRICT" ,^..n-y certain designated described area of the City of Boynton Beach to which these regulations apply and within which the zoning regulations are lHliform. DOCTOR'S OFFICE - See "MEDICAL OR DENTAL OFFICE". 23 April 3, 2007 DOUBLE FACED SICN f.. sigH. with two (2) faces which Me back to back with no more than a forty five (15) degree angle bet'.veen the faees. DOUBLE-KEYED DEAD BOL T - Deubk /1iC}'cd dead bolt is a dead bolt lock actuated by a key from the inside and outside. DRIP LINE - Drip line: A vertical line running through the outermost part of the crown of a tree and extending to the ground, provided, hO':/ever, that the same shall not be less thall a ten foot diameter circle which is dravm from the center line of the trunk of a tree. DRIVE IN RESTAUR,A..NT LA.. restaurant v/hich includes facilities to serve food and beverage to patrons for consumption by patrons in automobiles on the premises. DRIVE THRU RESTLA..URf..NT f.. restaurant '.vhich includes facilities to serve food and beverages to patrons who are in their automobiles 'Nith the iH.tention of driving away from the property and eonswning their food and beverage elsewhere. DRIVEWAY-The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. DRIVEWAY. MAJOR DRIVE'V}.. Y - A main ingress or egress to a public street from the site of any development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any single hour including, but not limited to, a shopping center, multiple-family development, industrial park, hospital or any other use. DRUG STORE - See "PHARMACY & DRUG STORE". DRY CLEANER - An establishment that launders or dry cleans articles of clothing and garments, which are deposited on the premises directly by the customer. The laundering or cleaning of articles / garments may occur either on or off the premises. The business is small- scale and not intended to perform or function as a large-scale dry cleaning plant. 24 April 3, 2007 DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, wearing apparel. or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitations, solvents of the petroleum distillate type, and I or the chlorinated hydrocarbon type, and the processes incidental thereto. These establishments are typically not open to the general public and primarily cater to a commercial and I or industrial clientele. DWELLING - A living facility for one or more persons, such as a one-family house, an apartment or a condominium. DWELLING UNIT (D.U.) - A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents, hotels, motels, boarding houses, or boats. ,^.. house, apartment, building or any part thereof used primarily for human habitation and shall include bath and eulinary accommodations. 1. Single family d'Nelling: ,^.. buildiRg containiRg only one (1) single family d\velling unit. 2. Multiple family dwelling: ,^.. buildiRg containing 1\'10 (2) or more d':lelling units. D'VELLINC RESIDENTIAL UNIT (DU) ,^..n apartment. condominil:Hll, single family detached house, mobile home, single family attached house or multi family housing established for human habitation. DWELLING RESIDENTI;4-..L. MUL TI-FAMIL Y - A building containing three (3) or more dwelling units that cannot be classified as single-family attached. DWELLING RESIDENTI,A1L. SINGLE-FAMILY. ATTACHED - Two (2) or more one- family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. EASEMENT - Any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subiect to the right of use designated in the reservation ofthe servitude. Aft interest iR land granted fDr limited use purpose, but vt'hich does not convey title to real property. EASEMENT. LIMITED ACCESS KA1SEMENT - A strip of land which does not permit access except at authorized and controlled points. ECOSYSTEM - Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows. EGRESS - An exit. 25 April 3, 2007 ELECTRICAL EQUIPMENT. APPLIANCE & COMPONENT ASSEMBLY - An establishment that assembles products, finished parts, and materials which generate, distribute and use electrical power. ELECTRICAL SICN /\ sign or sign structure iN whieh integral electric '.'Iiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of the National Eleetrieal Code. ELECTRONICS AND APPLIANCE STORE - An establishment primarily engaged in retailing televisions, stereos, and other home / car electronic appliances. This use would include the retailing of cameras and other audio-visual equipment. The repair of this merchandise is incidental to the principal use (retail sales). ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the ground. ELIGIBLE OCCUPANT - Relative to the Workforce Housing Program contained in these regulations, it is a person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the City limits of Bovnton Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit. ENCRO}Jo.CH~fENT "Encroachment": Encroaehment is any protrusiON of a vehicle outside of a parking space, display area or accessv;ay into the lafldscaped area. There shall be no encroaclHneflt over or into any landscaped area. Wheel stops and/or cuts shall be placed at least t\yO (2) feet from the edge of sack landscaped area as well as two (2) feet from any preserved or planted tree. Where a wheel stop or curb is utilized, the paved area between the curb afld the end of the parking space may be omitted, providing it is lafldscaped in addition to the required landscaping as provided herein. ENDANGERED. THREATENED. AND RARE SPECIES OF SPECIAL CONCERN- Endangered, tm-eateRed and rare species and speeies of special coneern: Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: 1) U.S. Fish and Wildlife Service, 2) Florida Game and Fresh Water Fish Commission, 3) Florida Committee on Rare and Endangered Plants and Animals, 4) Florida Department of Agriculture, and 5) Treasure Coast Regional Planning Council. ENGINEER, RECISTERED- A person registered as a professional engineer in the State of Florida, in accordance with Chapter 471, Fla. Stat., who is good standing with the Florida Board of Professional Engineers. /... professional engiNeer registered by the State of Florida and trained in the field of eNgineering. ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make afl enlargement. 26 April 3, 2007 ENTERTAINMENT. INDOOR - An establishment primarily engaged in operating amusement arcades / parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, and the like. Arcades include any electric or electronic machines (i.e. pinbalL video games) which provide amusement. eniovment. or entertainment. ENTERTAINMENT. OUTDOOR - An establishment offering recreation, entertainment. or games of skill to the general public for a fee or charge wherein any portion of the activity occurs in the open. Typical uses include but are not limited to amusement and water parks, skateboarding, batting cages, miniature golf and driving ranges, tennis clubs, and other types of recreation and entertainment not otherwise defined. ENVIRONMENT ALL Y SENSITIVE LANDS - Environmentally sensitiye lands: Ecological sites (ecosites) representing high quality native Florida ecosystems. EQUIPMENT CABINET - Under the provisions of the Wireless Communication Facilities section of these regulations, it is any structure such as a cabinet. shelter, or pedestal used to exclusively contain radio or other equipment necessary for the transmission or reception of wireless communication signals. EQUIPMENT COMPOUND - The fenced area surrounding a wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the including cabinets, shelters, pedestals, and other similar structures. ERECT (8ICN8) To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs. ESSENTIAL SERVICES - Facilities owned and / or operated by a governmental entity or public service provider of essential services and infrastructure (including but not limited to gas, electricaL potable water, sanitary sewer) for the general public health, safety, convenience, and welfare. EXCAVATION OR EXCAVATING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials. EXEMPTION DETERMINATION See "CONCURRENCY EXEMPTION DETERMINA TION" }.. '.witten certification by the planning direetor that a development order or permit is exempt with respect to meeting the concurrency requirements for a partieular public facility. EXPRESSWAY - A street shown or described as such according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. EXTERIOR DISPLAY - The display Display of merchandise, as an accessory use in to a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building walls, in such a manner so as to allow for viewing or inspection of merchandise by customers. 27 Apri13,2007 EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and the like, outside of the walls of a building or within any area which is not fully enclosed by building walls, which is generally not for the purpose of allowing inspection or viewing by customers. EXTERMINATING AND PEST CONTROL - An establishment offering the control and elimination of insects. rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food; by poisoning. spraying. fumigating. trapping; or by any other recognized and legal pest elimination method. EXTERMINATION Ext-crminatien the control and eliminatioN of iNsects. rodents or other pests by eliminating their harborage places by removing or making inaeeessible materials that may serve as their food; by poisoning. spraying. fumigatin!Z. trapping; or by any other reeognized and legal pest elimination method. EXTR.A,.ORDINARY CONDITIONSExtraerdinar;v conditiens Subsequent to a hurricane, flood or other natural disaster. FAA - The F ederal Aviation Administration. F"A....BRIC.f.... TION The assembly or forming of goods using fimshed or semifinished materials, as opposed to the manufacture of primary materials. F"A....CINC OR SURF"A,.CE Shall mean the sUl"face ofthe sign upon, against or through 'Nhich the message is displayed or illustrated on the sign. F AMIL Y - One (1) or more persons occupying a single dwelling housekeeping unit and using common cooking facilities, provided that all such persons shall be related by blood, marriage or adoption, exeept that not more than one (1) person '.vho is not related as such shall also be permitted to reside in the same unit. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term. F AMIL Y DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use to any dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 district. FCC - The Federal Communications Commission. FEED LINES (ICEBRIDGE OR BRIDGE) - Cables used as the interconnecting media between the transmission/receiving base station and the antenna. FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device propelled by natural forces used for the purpose of attracting attention. 28 April 3, 2007 FILL OR FILLINC Placing material remoyed from another area on and/or off site. FITNESS.' HEf,.L TH CLUB Fitness/health cluh. .A~ commereial recreation and entertaiIlHlent facility or private club which has as a principal use a gymnasium, s\vimming pool or other sports facility and which may offer massages, '.vhirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use. FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the past three years. FIXED PROJECTION SICN A sign, other than a flat sign, which e~(tends outward f-or more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol, properly displayed in accordance with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate national, state, municipal, civic or church agency. The maximum allovfed is two (2) different flags per pole and only one (1) pole per lot or bay frontage. FLf,.SHINC SICN .^~ sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Do,:, Jones average sign 'Nhich is part of a permitted commercial sign. FLf,.T SICN A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported tm-oaghout its entire length by the faeade of the building and not extending aboye or beyond the building. FLOOD (FLOODING) - Flood or floedil1f! a A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. AREA OF SHALLOW FLOODING - Area of shalww fl-oedinf! - a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist. where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. BASE FLOOD Base fl-ood - a A flood having a one (1) per cent chance of being equalled or exceeded in any given year. COASTAL HIGH HAZARD AREA Ceastal hifb'1 haz-(;lr-d area - the The area subiect to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as zone VI-30, VE or V. FLOOD HAZARD BOUNDARY MAP (FHBM) Fwed haUlrd houmJan' ma13 (FHB},f) - aft An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been defined. 29 April 3, 2007 FLOOD INSURANCE RATE MAP (FIRM) F188d i1'lSblN11'lCC rate mal3 (FIR},!) - aft An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY F188d inSblffl1'lCe study - the The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. SPECIAL HAZARD AREA Arca 8f sl3ccial fJ.e8d haUlrd -laaEl Land in the floodplain subiect to a one (1) percent or greater chance of flooding in any given year. FLOODW A Y Fte8dwav - the The channel of a watercourse and the adiacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1 ) foot. FLOOR AREA RATIO (FAR) - A mathematical expression determined by dividing the gross floor area (GFA) ofa building by the area of the lot on which it is located. Gross Floor Area/Lot Area = FAR. Lot coverage Total Coverage FAR: .5..... Lot coverage Lot coverage 1/2 Coverage 1/4 Coverage ~ FAR = 1 , _--I ...IJjj ~ ~ ~ ~~ FAR = 2 FLOOR Alrn~A1' MINIMUM The area of the floor or floors measured from the eenterline of the exterior "valls to the eenterline of diyiding '.valls. The area for garages, roofed oyer sereened porches and utility rooms shall be eredited f-or fifty (50) percent offioor area. Open porehes and carports shall be credited with tV/enty fiye (25) percent of floor area. ~^..ccessory buildings shall not count as floor area ifnot accessible from the interior of the building. Not more than ten (10) pereent of any minimum floor area shall be eredited to screened in porches or breezeways. FLORIST - An establishment primarily engaged in retailing cut flowers, floral arrangements, and potted plants purchased from others. These establishments usually prepare the arrangements they sell. FOOD PROCESSING - An establishment primarily engaged in processing canned, pickled, and dried fruits, vegetables, specialty foods, snacks, and spices. 30 April 3,2007 FOOTWEAR & OTHER LEATHER PRODUCTS - An establishment primarily engaged in manufacturing and fabricating footwear and other leather products from purchased leather or leather substitutes (i.e.. fabric. plastics). FORTUNE TELLER I PSYCHIC Fortunc taller/psychic. Person who makes predictions about thc futlH"e tmol:lgh methods including astrology, palm reading, psychie abilities, crystal balls, tarot cards, or examining tea leaves. FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida. FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined by the Section 109.175, Florida Statutes, and which conforms to the definition of "family." FREEST~A1NDINC SICN .^~ monument or groood mOl:lfl.ted sign identifying the use of the property upon 'Nhich it is located. GrOlHld mounted signs may be supported by one or more poles, pro'.'ided that the bottom of the sign or cabiFlet is no more than 1\\'0 (2) feet abo',e grade and that the poles and complete length of the sign or cabinet are clad in the SaHle or like material, completely to the ground. }Jtematives to the claddiFlg requirement may be considered if the design of the sign conforms to the arehiteetlH"al design of the building(s). FRONTAGE STREET - See "STREET. MARGINAL ACCESS Marginal .\ccess Street." FROZEN FOOD - An establishment primarily engaged in processing and freezing fruit. iuices. vegetables. and specialty foods. such as dinners. entrees. and side dishes~ pizza; whipped toppings; and waffles. pancakes. and french toast. FUNCTIONAL CLASSIFICATION - The assignment of roads and streets into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural and urban categories. FUNCTIONALL Y DEPENDENT FACILITY - Functienall.,: dcvcndcnt facilitv - a A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. such as a docking or port facility necessary for the loading and unloading of cargo or passengers. shipbuilding. ship repair or seafood processing. The term does not include long-term storage. manufacture. sales or service facilities. FUNERAL HOME - An establishment engaged in preparing the dead for burial or interment and conducting funerals (i.e.. providing facilities for wakes. arranging transportation for the dead. selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. 31 April 3, 2007 FURNITURE MANUF ACTURINC Man1:1facturing of furniture, eabinets, ,;/OodeR vanities, household goods and ornaments from wood; also, fumitUi'e repair, refinishing and re upholstering. FURNITURE & HOME FURNISHING - An establishment that engages in the retail sales of furniture and related home accessories. FURNITURE PRODUCTS - An establishment that makes or repairs furniture and related articles, such as mattresses, window blinds, cabinets, and fixtures. The processes used in the manufacturing of furniture include the cutting, bending, molding, laminating, and assembly of such materials as wood, metal, glass, plastics, and rattan. This use also includes furniture repair, refinishing, and reupholstering. C}'..R}'..CE, PUBLIC Pt..R..T{lNC storage for motor ';ehicles. ,\ building or other struetUi'e which pro'/ides pai"king or GARBAGE Garba5tC a Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Ct..SOLINE DISPENSINC EST}..BLISHMENTS Commercial enterprise, including automotive service stations and conyenienee stores, which engage in the sale or other motor fuels to the public. GASOLINE STATION WITH CONVENIENCE STORE - An establishment engaged in retailing automotive fuels (i.e., diesel fuel, gasohol, gasoline), which may be in combination with convenience store or food mart items. These establishments can either be in a convenience store (i.e., food mart) setting or a gasoline station setting. It may include AUTOMOTIVE, MINOR REP AIR as an accessory use. GAZEBO - See "OPEN-AIR P A VILLION". GENDER - Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males. GENERAL DEVELOPMENT PLAN - Also known as the Comprehensive Plan, it is the official public document adopted by the City of Boynton Beach in accordance with Florida law, as a policy guide to present and future land use decisions. GEOGRAPHIC SEARCH AREA - An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless RF engineering. GLASS PRODUCTS - An establishment primarily engaged in processing (i.e. coating, laminating, tempering, shaping) purchased glass and/or glass products. 32 April 3, 2007 GOVERNING BODY - Means the City Commission of the City of Bovnton Beach. GOVERNMENT - Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service. COVER.~MENT 8ICN Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities. GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure. High Point \ \ \. \ II Fmished (;jade:\ \ \ \ \ GRADE SEP ARA TED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. GRADES & STANDARDS FOR NURSERY PLANTS - The Standards for Florida No.1 or better as given in "Grades and Standards for Nursery Plants" Part 1, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to time. GROCERY STORE - An establishment (generally known as a supermarket) is primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry, and those services customarily incidental to the principal use. GROSS FLOOR AREA (GFA) - The total floor area ofa building or a use occupying part ofa building, measured from centerlines of partitions and exterior of outside walls. Gross floor area shall include all floor area occupied by the main or principal use, plus any floor area occupied by accessory uses such as storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines and hallways. CROUND 8ICN ,^..ny sign, other thafl a pole sign, in 'Nhieh the entire bottom is in contact with or is close to the ground and is independent of any other struetlHe. 33 April 3, 2007 GROUNDWATER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels. GROUP HOME - A facility that provides short-term or long-term lodging for three (3) or more umelated individuals in dwelling units or sleeping rooms which operate primarily on a referral basis from state, county, or local social service agencies and / or self-help programs. These facilities may offer in addition to lodging accommodations, meals, resident support services, counseling, guidance and varying levels of medical care. The term "group home" includes but is not limited to nursing homes, adult congregate living facilities (ACLF), assisted living facilities (ALF), group care homes, community residential homes, recovery homes, and residential treatment facilities. The following are group homes defined by type: TYPE 1- A home of not more than six (6) residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides a living environment for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical. emotional. and social needs of the residents, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 2 - A home with no less than seven (7) or more than 14 residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical. emotional. and social needs of the residents, but which are not licensed by the Florida Department of Health and Rehabilitative Services. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 3 - A home with 15 or more residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical. emotional. and social needs of the residents. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 4 - A home for seven (7) or more individuals classified as participants in inmate release programs, battered women, runaway children, recovery homes, and residential treatment homes, which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical. emotional. and social needs of the residents. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. GUYED TOWER Guyed fewer - See "ANTENNA SUPPORT STRUCTURE".A telecom.munication tower that is supported, in "/hole or in part, by guy wires and gronnd anchors. GYM. FITNESS & HEALTH CLUB - An establishment primarily engaged in operating fitness and recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other 34 April 3, 2007 active physical fitness conditioning or recreational sports activities. such as swimming. skating. handball. racquet sports. and the like. CYMN.AASIUM .^~n establishment designed and equipped for the conduct of sports, exercise, leisrne time activities, or other customary and usual recreational aeti'.'ities and operated either f-or profit or not for profit. H,AALF'V}AY HOUSE Half,w:J)' ,1UJ1:lsc. /\. residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger soeiety. HANDOFF CANDIDATE - A wireless communication facility that receives call transference from another wireless facility. usuallv located in an adiacent first "tier" surrounding the initial wireless facility. HARDWARE STORE - An establishment primarily engaged in retailing a general line of new hardware items. such as tools and builders' hardware. HAZARDOUS MATERIAL - Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety and property. This term includes hazardous waste as defined in the Florida Statutes s. 103.703(21). HEALTH CLUB - See "GYM. FITNESS & HEALTH CLUB" - "Gymnasium." HEALTH & PERSONAL CARE (EYEGLASS. VITAMINS. HEARING-AIDS) - An establishment primarily engaged in the retail sales of convalescent supplies. eyeglasses. hearing aids. vitamins. and the like. HEICHT (SICN) The vertical dimension measured from the highest point of the sign to the mean surfaee grade surroooding the bottom of the sign. HOME IMPROVEMENT CENTER - An establishment primarily engaged in retailing a variety of new home repair and improvement materials and supplies. such as lumber. plumbing goods. electrical goods. tools. housewares. appliances. hardware. and lawn and garden supplies. with no one merchandise line predominating. The merchandise lines are normally arranged in separate departments. HOME OCCUPATION - The home business operation of an individual and / or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential uses. when such dwelling unit is the principal use of the property and all the applicable conditions of this Code can be affirmatively evidenced and complied with. <'''-fiY occupation in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing upon the premises, and no mechanical equipment used except such as is permissible f-or purely domestic or household purposes. HOSPIT AL - An establishment typically referred to as an institution (excluding MENTAL HEATH OR SUBSTANCE ABUSE CENTERS) that provides comprehensive. inpatient and outpatient healthcare. including typical emergency medical. surgical. diagnostic. rehabilitation 35 April 3, 2007 and treatment services, as well as other specialized services ranging from bariatrics to wound care. This use would also include accessory meeting / conference facilities, limited retail sales, and administrative offices. HOTEL - Hefet. A building or portion thereof containing fifty (50) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. HOTEL i\ny building containing prineipally sleeping rooms in which transient guests are lodged with or vt'ithout meals, with no provision made for cooking in any individual room or suite and ha-ving or not having one (1) or more dining rooms, restaurants or cafes as aeeessory uses. Such building would structurally and f-or purposes of saf-ety be obliged to conform to the laws of the hotel and restaurant commission (Division of Hotels and Restaurants of the Department of Business Regulation). HOTEL: APARTMENT - Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as hotel apartments shall have not more than one- third ofthe total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. HOTELS. BOUTIQUE - A smallluxurv hotel containing ten (10) to fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. HOTEL. EXTENDED STAY - Hetel. extended sur;. Any all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. HOTEL. TIMESHARE TIME SH.^~RING HG+Eb - The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year. The determination that a building, or part thereof, is a time sharing hotel shall be made without regard to the form of ownership of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of fee interest. 36 April 3, 2007 HOUSE EA YES - a A nonstructural portion of any building or structure extending beyond the vertical plane of the foundation. HOUSE TRAILER - (al) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, (b2) or a trailer or semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (al), but vmich is used instead, permanently or temporarily, for the advertising, sales, display or promotion of merchandise or services or for an-y other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. HOUSEHOLD - All all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household. ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in the manufacturing frozen desert products such as ice cream. yogurts. ices. sherbets. and other desserts (except bakery products). IDENTIFIC~A..TION 8ICN 11 non illuminated sign affixed to the rear ofa building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet,. ILLUMINf..TED 8ICN L^1ny sign which has characters, letters, figlHes, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. IMPACT FEE - A charge applied to new development to generate revenue for the construction or expansion of capital facilities located off-site that benefit the contributing development. A land development regulatory f~e charged to new development which creates a need for capital improvements. IMPf.:CT FEE Park and recreation facilities impact fee. 37 April 3, 2007 IMPACT FEE COORDINATOR The Director ofPadcs or the person designated to perform sueh funetions as designated lHlder this seetion. IMPROVEMENT - Includes, but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement required by the City. INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature. INCOME QUALIFIED HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household whose income is verified to be either Low Income or Moderate Income. INFESTATION - Infestation the The presence of insects, rodents or other pests (see "EXTERMINATION" . IN-FILL HOUSING - means Means new residential units on parcels less than 5 acres that are not part of an approved planned unit development as defined by the City of Boynton Beach land development regulations. INFORMATION & DATA PROCESSING - An establishment primarily involved in the compilation, storage, and maintenance of documents, records, and other types of information. On-site activities include but are not limited to the following: data entry, storage, conversion or analysis, subscription, and credit card transaction processing, telephone sales and order collection, mail order and catalog, and mailing list preparation. This use excludes the sale of computers, peripherals, hardware, or software. INGRESS - An entry. INSPECTOR - A city employee working as an inspector under the authority and direction of either the director of development, the director of public works, the director of utilities, the city engineer, or their designees. INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. INTERSECTION- See "STREET, INTERSECTION" See F.S. 316.003. INUNDATION - Moving, standing or ponded water which is a nuisance, hazard or health problem. INVESTIGATIVE SERVICE - An establishment primarily engaged in providing investigation and detective services. 38 April 3, 2007 IRRIGATION SYSTEM- A system of pipes or other conduits designed to transport and distribute water to all landscape plantings. JANITORIAL - An establishment primarily engaged in cleaning building interiors. interiors of transportation equipment (e.g.. aircraft. rail cars. ships). and/or windows. This use includes swimming pool maintenance and steam clean / pressure cleaning. JEWELRY. LUGGAGE & LEATHER GOODS - An establishment primarily engaged in retailing new jewelry (except costume jewelry)~ new silver and plated silverware~ new watches and clocks~ and new luggage with or without a general line of new leather goods and accessories. such as hats. gloves. handbags. ties. and belts. JEWELRY MFG - An establishment primarily engaged in one or more of the following: (1) manufacturing. fabricating, engraving. or etching jewelry or metal personal goods~ (2) stamping coins~ or (3) cutting. slabbing. tumbling. carving. engraving. polishing. or faceting precious or semiprecious stones and gems.. JUNKY ARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other metals and waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard. LAND DEVELOPMENT PERMIT - A permit issued by the City Engineer prior to commencement of construction of required improvements after final record plat approval by the City. LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the City that govern any aspect of the development redevelopment and improvement oflands lying in the jurisdiction of the City. and include but are not limited to zoning. subdivision. health. environmental. landscaping. parking or sign regulations. These regulations are amended from time to time as deemed necessary by the City. LANDSCAPE ARCHITECT - Professionally educated and licensed person who is authorized to prepare landscape plans, specifications and provide expert testimony in regards to site development and compliance with municipal landscape regulations. LANDSCAPE BARRIER - A landscape barrier is a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use such as overhead bay or service doors. automotive repair or the like. outdoor storage areas. parked vehicles. etc. The landscape barrier shall be comprised of a berm. buff-er '.vall and/or natural yegetation (as deemed appropriate by the city) consisting of yano1:1s trees species planted tip to tip in tVIO or more staggered rows. and shall include species such as Southern Red Cedar. Sil'/er Buttol1':lood. Dahoon Holh'. Blolly. Palatka Holly. Redbav. SV/eet Bay, Southern Coastal \Villow. Sweet .^..cacia. Spanish Stopper. Geiger Tree. Cherry Lamet YaupoR. Black IrOlrNood. Lancewood. Coff-ce Colubrina. Crab\vood, Vlild Lime. Willo'.'l Rustic. Torchwood. or other tree species found comparable by staff. Tree species selected shall be those with maximum density and minimum deciduOl:ls characteristics. Various sh.\:lb species Fangin?: in heic:hts from 30 inches to 36 inches when planted tip to tip shall include soecies such as Firebush. \Vax Myrtle. '.Vild Coffee. Florida Trema. Florida Privet. Marlberrv. Myrsine. Spiee'Nood. Necklace Pod. Tetrazigia. 39 April 3, 2007 or other species found comparable by staffwhieh when planted form a continuous visual screen when planted. LANDSCAPE BUFFER SCREEN - A continuous row of plant material and/or wall (or other durable barrier) placed, for example, where a vehicle use area abuts the adjoining rights- of-way and adjacent property. The materials 1ised to establish the landscape screen are defined under the respective sections below, and are planted to f-orm a continuous sereen of plant material within a maximum of one (1 ) year after time of plantim::. The hedge element shall be maintained at fOlK ( 1) feet, and the 'NaIl used in place of the hedce shall be no less than tm-ee (3) feet high and combined with a minimum OftWD hedge plants placed on the outside of the '.."all and spaced every 10 lineal feet. LANDSCAPE SCREEN - A landscape screen is a continuous row of plant material and/or wall (or other durable barrier) placed where the vehicle use area abuts the adjoining rights-of-way and adjacent property. The materials used to establish the landscape screen are defined under the respective sections below, and are planted to form a continuous screen of plant material within a maximum of one (1) year after time of planting. The hedge element shall be maintained at four (4) feet. and the wall used in place of the hedge shall be no less than three (3) feet high and combined with a minimum of two hedge plants placed on the outside of the wall and spaced every 10 lineal feet. 40 April 3, 2007 LANDSCAPED AREA - Lsmlsc(Jf1cri SFea. An area not occupied by any structures or impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations. Open space lH"ea not oeeuoied by any struetui"es or impervious surfaces, and landscaped with vegetative material and ground covers p1:lfsuant to the Boynton Beach Landscape Code. LANDSCAPING - "Landseaping": Any ofthe following or combination thereof: Materials such as, but not limited to. grass. ground covers. shrubs. vines. hedges. trees or palms. and other material such as rocks. pebbles. sand. walls or fences. and decorative paving materials approved by the development department and the planning and development board. LATTICE TOWER - See "ANTENNA SUPPORT STRUCTURE". LAWN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in the decorative and functional alteration. planting. and maintenance ofpropertv. This use excludes contractors who primarily use heavy equipment for tree trimming. grading. excavation. or the installation of irrigation systems. L\UNDRY .\ND DRY CLKA1NINC, SELF SERVICE .^.. business that provides home type washing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the premises. LEGAL ACCESS - See "ACCESS. LEGAL" i\. dedieated and recorded right of way, or easement, excll:lding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. LEGAL ENTITY - An entity that holds a certificate of authorization issued under Florida Statutes whether the entity is a corporation. partnership. association. or person practicing under a fictitious name. LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics ofthe public facility. LIMITED ACCESS - See "STREET, LIMITED ACCESS" ,^.. highway or free'.\'GY vffiich does not permit access except at cH:lthorized and controlled points. The acquisition of right of "vay f-or such high'.vays or free'.'/ays usually includes the acquisition of access rights thereto. l\ccess may also be limited through methods other than acquisition of access rights. LIMITED ACCESS EASEMENT - See "EASEMENT. LIMITED ACCESS" .^.. strip ofland which does not permit access except at authorized and controlled points. LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Listori His18rie StnJlctl;lrcs Includes all structures listed as eligible for designation in "The Citv ofBovnton Beach Historic Sites Survev" as prepared by Research Atlantica. Inc. September 1996. including ef any subsequent updates to that study. In the Mixed U so zoning distriets. the strueture may funetion as its intended use or be adapted to other allowed uses. pro'/ided the exterior of the struetme maintains its original architectural integrity. BOhvithstandiFll:: any modifications necessary to meet the requirements of the Americans with Disabilities Act C^..D.^..). 41 April 3, 2007 LITTORAL ZONE - That region of the shoreline beginning at the Ordinary High Water (OHW) mark and extending waterward to a maximum depth of minus three (-3) feet OHW. LIVE / WORK UNIT - Live/work ooit. A commercial unit with incidental residential accommodations occupying one (1) or more sleeping rooms or floors in a building primarily designed and used for commercial occupancy and providing the following: (1) adequate working space reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the unit: and (2) living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. LOADING SPACE - ,'\coommodations offthe Off-street accommodations for loading oote and unloading ffem trucks, in the form of one (1) or more truck berths located either within a building or in an open area on the same lot. LOCAL STREET - See "STREET, LOCAL" ,,\ street sho",m or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. LOCKSMITH - An establishment primarily engaged in the installation, accessory sales, repair, or adiusting service of mechanical or electronic locking devices, safes, and security vaults. LOGO - See "SIGN, LOGO" ,^.. symbol of a company or business. LOT - Includes Tract or Parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified. Is either: 1. .^.. 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, or 2. ,^.. tract ofland lHlder a ooity of title doc1.Hllent or a tract of land, either unsubdiyided or consisting of abuttiFlg lots of record which on the eff-cotive date of these regulations or any applicable subsequent amendment thereto, 42 April 3, 2007 'Nas in one o'Nnership, or 3. ,A, tract of land, which at the time of filing for a buildiFl:g permit is designated by its O'Nner or deyeloper as a tract all ofv.nieh is to be used, developed or built l:lpon as a ooit under one ownership. LOT AREA - The total area of a lot measured from included within lot lines. LOT CO VERA G E - The area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory structures including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures. That portion of the area of a lot, expressed as a percentage, oeeupied by all buildings or structures 'Nhich are roofed or otherwise covered and that extend more than thiee (3) feet above the surface ground level. LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot. - < LOT FRONT AGE - The property line adjacent to a public or private street; it is also the front property line. 43 April 3, 2007 LOT WIDTH - The distance between the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines. LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of intersection oftwo (2) or more streets. LOT1...INTERIOR - Any lot that is neither a comer lot nor a through lot. LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a comer lot, having both the front and rear property lines adjacent to a public street. LOT, WIDTH The distance bet'.veen the side lot lines measlli"ed at right angles to the lot depth at a point beh'/een the front and rear property lines. LOUVERS - LfJ1:r,lcrs means a A series of removable, fixed-slanted or movable slats. (Glass- louvered is descriptive of ialousies. Glass, wood or metal ialousies are considered to be louvers. Awning-type windows having sections more than twelve (12) inches in depth are not considered to be louvers). LOW INCOME HOUSEHOLD - Under the Workforce Housing Program provisions ofthese regulations, it is a household with a gross, combined income below 80% of the Palm Beach County Annual Median Household Income as defined by HUD. L UMBER STORES, BUILDINC M....A TERIALS STORES, l\... ~ LUMBER YARDS Sale ofh.rmber and other bl:lilding materials, induding cutting of finished lumber prodl:lcts to length or size for sale on premises. M....AJOR DRIVE~T""'AY }.. main ingress or egress to a public street from the site of any de'/elopment generating more than 1,000 vehicl:llar trips per 21 hOlli" day or more than 250 trips in 44 April 3, 2007 any single holM' including, but not limited to, a shopping oenter, multiple family development, industrial park, hospital or any other use. MAJOR REP"A"IRS They shall include complete engine overhaul and/or replacement of internal parts of engines. ..^..Jso included is repair of any portion of the driye mechanism, body and fender ....'ork, painting and customizing. M:\JOR THOROUCHF ARES municipalities. ",\ mam traffic artery cOIlflecting t';/o (2) or more MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public way. MANGROVE TREES - Mangrove trees: A "mangrove tree" is anv plant belonging to anv of the following species of mangroves: Rhizophora mangle. the red mangrove: Laguncularia racemosa. the white mangrove. and A vicennia nitida. the black mangrove. or Conocarouserectus. the green buttonwood. MANGROVE STAND - }.lanf!Yo','c stand - an assemblage of trees which contain one or more of the following species: black mangrove. red mangrove. white mangrove and buttonwood. MARINA. INCLUDING YACHT CLUB - A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, wet storage. and retail sales of marine supplies, and equipment, boats, motors and trailers, wet or dry storage, hauling, making minor repairs or alterations; the latter vAlile in 'Net or dry storage. Where possible, all repairs, especially major repairs, will be accomplished v/ithin an enclosed or three quarter enclosed building. Facilities must be provided at every marina to accommodate proper sanitary sewer and water connections as well as to maximize flushing of the impacted marine basin. MARINE ACCESSORIES - Retailing new and / or used outboard motors. boat trailers. marine supplies. parts. and accessories. Machine shops and / or the on-site installation of marine accessories are prohibited. MARTIAL ARTS. GYMNASTICS. AND DANCE STUDIO - An establishment primarily engaged in offering instruction in arts or recreation. including martial arts. gymnastics. and dance studios. MASTER PLAN - A drawing which shows the intended division of and improvements on one or more parcels filed in coni unction with a formal application for a rezoning to a planned zoning district real property. MASTER SITE PLAN (WITHIN A PID) - Master Site Plan. A Master Site Plan is the conceptual plan for the entire Mixed Use Pod within a Planned Industrial Development district (PID) which individual technical site plans and buildings as processed by staff the Technieal Review Com.mittee (TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein. 45 April 3, 2007 MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities. MATERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site. MEAN SEA LEVEL - A/can sca!c','c! the The average elevation ofthe sea for all stages ofthe tide. The term is synonymous with national geodetic vertical datum (NGVD). MEDIAN HOUSEHOLD INCOME (MHI) - Under the Workforce Housing Program provisions of these regulations, it is the Palm Beach County Median Household Income, adiusted for family size, as published by the Department of Housing and Urban Development (HUD). MEDICAL OR DENTAL IMAGING / TESTING - An establishment that is primarily engaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic Imagmg. MEDICAL OR DENTAL LABORATORY - An establishment that offers diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test commonly used in the healthcare industry. This use also includes dental laboratories, which are establishments primarily engaged in manufacturing dentures, crowns, bridges, and orthodontic appliances customized for individual application. MEDICAL OR DENTAL OFFICE -A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners ofthe healing arts for the examination and treatment of persons solely on an outpatient basis. This use excludes patients of ME NT AL HEALTH OR SUBSTANCE ABUSE CENTERS. MEDICAL EQUIPMENT & SUPPLIES - An establishment primarily engaged in manufacturing medical equipment and supplies. Examples of products made by these establishments are laboratory apparatus and furniture, surgical and medical instruments, and surgical appliances. MEDIC.\L OUTPATIENT F.\CILITY }.1cdical eutpaticntf-acility. f1n establishment where patients '.vho arc not lodged o'/ernight, but acre admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. MERCHANDISE. NEW (SUPERCENTER. DISCOUNT. DEPARTMENT. CLUB) - An establishment primarily engaged in retailing a wide range of the following new products with no one merchandise line predominating: apparel, furniture, appliances and home furnishings; and selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, iewelry, tOYS, and sporting goods. Clubs and Supercenters include perishable items. 46 April 3, 2007 MERCHANDISE. USED (ANTIQUE SHOP) - A1'ltitluc shefJs er Auctie1'l housc. An establishment primarily engaged in the retail sales of obiects of value, of which, are at least 50 years old and I or collectibles that are desirable due to rarity, condition, utility, or some other unique feature. :\ny premises used f-or the retail sale, trading: or auction of articles of ',vhieh eighty percent (80%) are over fifty (50) years old or have eolleetible value. .^..ntique shop or .'\uction house does not include "secondhand store" or auction of used merchandise. MERCHANDISE. USED (CONSIGNMENT . PAWNSHOP. THRIFT) - An establishment primarily engaged in the sale of used merchandise which includes one of the following: (1) secondhand sales of personal items resold through a broker (consignment); (2) loaning money on the security of pledges of personal property (pawnshop); or (3) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles, parts, or accessones. MET AL. FABRICATED PRODUCTS - An establishment primarily engaged in manufacturing one or more of the following: (1) prefabricated metal buildings, panels and sections; (2) structural metal products; and (3) metal plate work products. These establishments transform metal into intermediate or end products, other than machinery, computers, and electronics. Processes may include, stamping, bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as welding and assembling, used to ioin separate parts together. This use excludes drop forging. MICROW AVE DISH ANTENNA },licro-wtl)'c dish tll1ftmJ9tl - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. MILL '~lORK Manufacturing oflumber and wood patterns, stock and workings, including, but not limited to, manufactaring of\vooden flooring, shingles, doors, windows, frames, trusses, stairs and other fabricated structures; veneer, pl)"Nood and railings, \vood pallets and containers, wood buildings and turned or shaped '.'iood products. MINIMUM FLOOR AREA, MINIMUM The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed- over screened porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited with twenty-five (25) percent of floor area. Accessory buildings shall not count as floor area if not accessible from the interior of the building. Not more than ten (10) percent of any minimum floor area shall be credited to screened-in porches or breezeways. MININC Removal of materials from a site in quantities exceeding 'what is physically necessary to develop the site. Mining is prohibited in the City of Boynton Beach. MINOR REPAIRS They shall include engine tune up, carburetor repairs, ',vheel balancing and replaoement and/or repair of external parts of engines. MITI GA TI ON. W CF - Under the provisions of the Wireless Communication Facilities section of these regulations, it is a modification of an existing antenna support structure to increase the height or to improve its integrity, or to replace or remove one or several antenna support structure( s) located in proximity to a proposed new antenna support structure in order to 47 April 3, 2007 encourage compliance with this ordinance or improve aesthetics or functionality of the overall wireless network. MIXED USE DEVELOPMENT - },lixed use de';elolJment. .Ai.. combination of1\\'o (2) or more uses on a single parcel, tract or development pod. In the Mixed Use High Intensity Zoning District, this shall consist of a structure or series of structures containing retail office and residential uses arranged vertically. In the Mixed Use Low Intensity and Suburban Mixed Use Zoning Districts, mixed use can refer not only to uses within single buildings, but to differeat uses mixed in close proximity in a single deyelopment. The development of a single building or single parcel to contain two or more of the following types of uses: residential. retail/commercial. office or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel. provided that they are in close proximity, planned as a unified and complementary whole and functionally integrated to make the use of shared vehicular and pedestrian access and parking areas. MIXED USE DEVELOPMENT },lixcd use dn'elepment. The deyelopment of a sincle building or single parcel to contain two or more of the follo'Mng types of uses: residential. retail! commercial. office or institutional. Mixed uses may be combined yertically vrithin the SBfl'le building or placed side by side on the same parcel. provided that they are in close proximity, planned as a unified and complementary whole and functionally iategrated to make the use of shared vehicular and pedestrian access and parking areas. MIXED USE POD - I._Mixed Use Pod components and definition. a. For the purpose of this subsection, a Mixed Use Pod is defined as a A development project located entirely within a previously approved Planned Industrial Development (PID} which, when complete, will have all of the following uses: 1) Multi-family residential;._)) Commercial/retail; and 3) Office and professional. The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod is the aggregate of all land within the Pill designated for mixed use. MOBILE HOME - A manufactured detached, transportable, single family dwelling unit designed for long term occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit. MOBILE HOME SUBDIVISION fP ARK} - A subdivision ofland for the sale of mobile home lots. MODERATE INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household with a gross, combined income between 80% and 120% of the Palm Beach County Median Household Income (as defined bv the Florida Housing Finance Corporation). MONOPOLE TOWER - See "ANTENNA SUPPORT STRUCTURE, MONOPOLE". 48 April 3, 2007 MONOPOLE TOWER },!anepa!c fewer ,^.. teleeommooioation to'.ver eonsisting of a single pole or spire self supported by a permanent f{)oodation, constl1:leted ',vithout guy ',vires and groUfld anehors. MONUMENT SICN ^ freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low profile base or pedestal. MOTEL A building or groap of buildings v,'hich contains sleeping accommodations f{)r transient occupancy, and has individaal entrances to serve sueh sleeping units. No pro';isions shall be made f{)r cooking in any individual room. Motels may have one or more dining rooms, restalHants or lounges as aecessory uses. MOTEL .\fate!. A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as motel apartments shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. MOTOR VEHICLE - See "AUTOMOBILE". MOTOR VEHICLE SEATING & INTERIOR TRIM - An establishment primarily engaged in manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings. MOTOR VEHICLE. WRECKED - See "WRECKED MOTOR VEHICLE". MUL TIF ....1MIL Y D\\'ELLINC }.. building or other shelter that has been di';ided into separate units to house more than one (1) family. MUL TIPLE-POINT LOCK - J.1ulti!Jlc !Jail'll wck is Is a system of lever-operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally, by a cylinder-locked handle from the outside. MUNICIPALITY - The City of Boynton Beach, Florida. MURAL - Any mosaic, painting, or graphic art or combination thereof, which is professionally applied to a building. Such mural shall not contain any brand name, product name, abbreviation thereof, company or business name or logo, trademark or other commercial message. MUSEUM. HISTORICAL & CULTURAL - An institution that engages in the preservation and exhibition of obiects, sites, and natural wonders of historical, cultural, and I or educational value. 49 April 3, 2007 NATIONAL GEODETIC VERTICAL DATUM (NGVD) - ,Vational Jteodctic ....atical datum (NGVD) - a A vertical control used for establishing varying elevations within the floodplain. NATIVE FLORIDA ECOSYSTEMS - Native Florida Ecosystems: A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native speCIes. NEW CONSTRUCTION - ,Yew censtructiEJn - Structures structlH"es for which the "start of construction" commenced on or after the effective date of this article. NEWSRACK - }\kwsracks. Anv type of unmanned device located on f*lblie property utilized for the vending of free distribation of newspapers or new periodicals. NEWSSTAND - ."^kwsstana. A stall, booth, or store where newspapers and magazines are sold. NIGHTCLUB~ - Ilfight Club. See "BAR & NIGHTCLUB". .^.. facility operated as a commercial establishment in which eatil'lg and/or drinking takes plaee, VI here alcoholic be','erages are served and where the provision of entertainment is the primary aeti','ity. El'ltertainment includes music by a live musician or musicilHls, or any mechanical, eleetronic, or other means such as records, laserdiscs, audio, video, or other audio or audio visual means. Il'leluding acting, play performances, dancing, song and dance aets participated in by one or more employees, guests, customers or other person or persons. .^..n establishment that provides background masic, v:hich is clearly incidental and allovls for normal con',ersations levels, shall not be considered a night eltHT. NOVELTY. GIFT. SOUVENIR & MISCELLANEOUS - An establishment primarily engaged in retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations, and curios. This use would also include Christmas & holiday shops, tobacco & news stores, and the like. No used merchandise is sold at these establishments. NUMBER }lumbcr. A word importing the singular IRHIlber only may extend and be applied to several persol'lS and things as ',yell as to one person and thing. NURSERY SCHOOL ,A..ND/OR PRESCHOOL F,A..CILITIES and/or socializing center for children. See "DAY CARE". ,^.. supervised trail'ling NURSERY. GARDEN CENTER. & FARM SUPPL Y - An establishment primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. NURSING HOME OR CONV,A..LESCENT HOME - See "GROUP HOME" ,^.. residential facility ",'fhich is included under the definition of "nlH"sing home facility", "facility", or "related health care facility home" as set fort1l. in Chapter 400, Part I, Florida Statutes, except that this defil'lition shall apply to facilities of any capacity. 50 April 3, 2007 OATH - (.)mh. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" or "sworn" shall be equivalent to the words "affirm" and "affirmed." OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. OCCUPANT - Occu13anf - Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit. OCCUPATIONAL LICENSE - See "BUSINESS TAX" A license to operate a business, profcssion, occupation or other operation ,t'lithin the city limits, which is issl:led iFl accordance with Chapter 13 of the City of Boynton Beach Code of Ordinances. OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one or more ofthe following: (1) retailing new stationery, school supplies, and office supplies: (2) selling a combination of new office equipment, furniture, and supplies~ and (3) selling new office equipment, furniture, and supplies in combination with selling new computers. They exclude the sale of used merchandise. OFFICERS / AGENCIES - Officers, agencies. Wherever reference is made in this Code or Regulations to any officer or agency, such as "city manager," "the mayor," "the city clerk," "planning and development board," and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency. OFF PREMISES SICN /... sign adyertisiFlg an establishment, merchandise, service or entertainment, '.vhich is sold, produced, manl:lfactured and/or furnished, at a place other thaFl the property on which said sign is located. OFF -PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use. ON-PREMISES - At the place of business ofa particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises. ON PREMISES SICN ,,\ sign or sign device, indicating the business transacted, services rendered, goods sold or proffilCed on the premises, incll:lding the name of the busiFless, person, firm or corporation occupying the premises. Such sign shall be located where the use, for '.vhich the sign is identifying or advertising, is located. OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures. 51 April 3, 2007 OPEN-AIR PAVILION (GAZEBO. TIKI HUT. CHICKEE HUT) - A detached ancillary structure, open on all sides, with a roof of some type, used for recreation/entertaining purposes. OPENING - OJJcninf! is Is a section of wall into which a door or an operable window is installed. OR. AND - Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it. ORGANIZATION. CIVIC & FRATERNAL - A registered association of persons for the promotion of some lawful, non-profit common obiective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. ORNAMENTAL. CHINA. FINE EARTHENWARE. & POTTERY - An establishment primarily engaged in the manufacturing of earthenware, stoneware, and pottery products, such as dinnerware, art, and ornamental items. OUTFALL - A pipe which discharges treated storm water into waterways. OUT-PATIENT MENTAL HEALTH & SUBSTANCE ABUSE - An establishment with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and! or refer patients to more extensive treatment programs, if necessary. SuhstaRee ahuse eeRier, ..i\ facility used primarily for the treatment of indiyiduals for alcohol or drug abuse. OWNER - That person or legal entity reflected on the public records of Palm Beach County as the owner of real property upon which a structure has been completed. P}'..CKA..CE LIQUOR STORE Packsf!C li6l'biBr st-Gre. An establishment where alcoholic beverages are dispensed or sold in sealed containers for cons1:HIlption off the premises. PACKING & SHIPPING. TRUCKING. AND MOVING - An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. 52 April 3, 2007 PAINT. COATING & ADHESIVE - An establishment primarily engaged in the mixing and blending of pigments, solvents, and binders into paints and other coatings, such as stains, varnishes, lacquers, enamels, shellacs, and water repellant coatings for concrete and masonry. P}..INTED WALL SICN including the roof. }.. sign painted on any exterior surface ofthe building or strueture, PANEL .LA~l\1TENNA Panel antenna an array of antennas desig-ned to concentrate a radio signal in a particular area. PARAPET - The extension ofthe main walls of a building above the rooflevel, for the purpose of safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined herein, is intended to fully encircle/encompass the roof, not be one, or a series of smaller extensions above the roof line. }.. false front and/or wall extension above the roof line. P AR.A.PET SICN A sign plaeed eompletely OR tae face of a parapet. PARK - .LA.. park, An open space, reservation, playground, beach, recreation, center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation. PARK }.. public park within the city that is not o':med or operated by the couflty. PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or more parking stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units with a maximum of four parking stalls are exempted from this definition.) PARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, sufficient ia size designed to store one automobile, together with a driveway or drive aisle connecting the parking space with a street or alley and permitting ingress and egress of an automobile. P ARKING SPACE. TANDEM - Provisions within certain zoning districts allowing the +he placement of parking spaces one behind the other, so that the space nearest the drivewav, aisle, or street access serves as the only means of access to the other space. 53 April 3, 2007 P ARKINC STALL .^.. slH'faced area, enclosed or unenclosed, sufficient in size to store one ill vehicle automobile '.\'ith a minimum width of nine (9) feet and a minim1:llR length of eighteen (18) feeh PARKING STRUCTURE - A structure or portion thereof composed of one (1) or more levels of floor used for the parking of motor vehicles. A parking structure may be fully below grade or either partially or fully above grade with floors or levels being either open or enclosed. PARKING STRUCTURE. WRAPPED - Wrapped parking structure. A parking structure that is elweloped fully or partially wrapped with habitable or leaseable space to disguise the actual function of the structure. A fully wrapped parking structure is one in which the garage component, other than the access drive, cannot be seen from any elevation. A partially wrapped parking structure is one in which the garage component extends above the habitable or leaseable space and can be seen from one (1) or more elevations. P:\R..IGNC, T:\NDEM: The placement of parking spaces one behind the other, so that the space nearest the drive'.\'8.Y, aisle, or street access serves as the only means of access to the other spaee. P AS8ENCER C:\R RENT:\L Establishments primarily engaged in renting passenger new or old automobiles without dri'/ers on a short term basis. This term excludes those establishments engaged in passenger car retail leasing and taxi and limousine services. PARTIES IN INTEREST - Parties in intcrost All individuals, associations, partnerships, corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the owner, as executor, executrix, administrator, administratrix, trustee or guardian ofthe estate of the owner. P AWN SHOP - .^.. shop .."here money is lent in e)(Change fDr personal property left as security. See "MERCHANDISE, USED". PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a reference monument as outlined within these regulations. PE:\K SE.A..80N POPULATION The year ronnd population of the Q!y city, Palm Beach County, the development project, or other portion of the city or county, as the context may require, using the methodology set forth in the comprehensive plan support documents. PERIMETER The entire outer boundary of the sign, not including the supporting structlH'al members. 54 April 3, 2007 PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument which must consist of a metal rod having a minimum length of 18 inches and a minimum cross- section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum of 24 inches long. The PRM shall be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional survey and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.R.M.". The PRM shall also be detectable with conventional instruments for locating ferrous or magnetic obi ects. If the location of the "P .R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. PERMITTED USE - See "USE, PERMITTED". PERMITTEE - Under the Sidewalk Cafe provisions of these regulations, it shall be the lawful holder of a sidewalk cafe permit obtained pursuant to the terms and provisions of these regulations this artiele. PERSON - Any natural person, firm, co-partnership, association or corporation. PERSONAL CARE (BEAUTY. HAIR. NAILS - An establishment primarily engaged in one or more of the following: (1) providing hair care services: (2) providing nail care services: (3) providing facials or applying makeup (except permanent makeup): (3) tanning salons and the like: and (4) day spas, including accessory massage / aromatherapy. PERSONAL WIRELESS SERVICE - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996, as amended from time to time. PET CARE (BOARDING AND DA YCARE) - An establishment primarily engaged in the keeping of animals for short-term purposes (daycare) or for extended periods of time (boarding). This use excludes indoor / outdoor commercial kennels, animal shelters (dog pound), and breeders. PET CARE (GROOMING) - An establishment engaged in grooming and / or training pets. It excludes overnight boarding, pet sitting, and veterinary services. PET CARE (VETERINARY SERVICES) - An establishment of licensed veterinary practitioners that is primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals: and an establishment primarily engaged in providing testing services for licensed veterinary practitioners. This use excludes indoor / outdoor commercial kennels. PET STORE & SUPPLIES - An establishment primarily engaged in retailing pets, pet foods, and pet supplies. Pet grooming and veterinary services (excluding boarding) are permitted accessory uses. PHARMACEUTICAL & MEDICINE - An establishment primarily engaged in one or more of the following: (1 ) manufacturing biological and medicinal products: (2) processing (i.e., grading, 55 April 3, 2007 grinding, and milling) botanical drugs and herbs: (3) isolating active medicinal principals from botanical drugs and herbs: and (4) the collection, destruction, disposaL or other related processes. PHARMACY & DRUG STORE - An establishment primarily engaged in retailing prescription or nonprescription drugs and medicines. PHOTOGRAPHY STUDIO - An establishment also known as a portrait studios is primarily engaged in providing still, video, or digital photography services. PLA1CE8 OF }...88EMBL Y Buildings afld facilities on a lot or parcel of land specifically designed for assembly, '/lhich may include chlH'ches, temples, and other places of \vorship; theatres, auditoriums, conference centers, clubs, lodges, and fraternal organizations. PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified controL uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased development operations for commercial buildings and related uses and facilities in accordance with an approved master plan. Lafld ooder lillified control, planned and developed as a '""hole in a siagle development operation or a programmed series of de';elopment operations for commercial buildings and related uses and facilities; provides for a commercial district of efficient aad harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and de';elopments; is developed according to comprehensive and detailed plans f-or streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans f-or other uses and improvements on the land related to the buildings; and includes a program f-or full provision, maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified controL uniformly zoned, planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for industrial buildings and related uses and facilities, in accordance with an approved master plan. Land under unified control, planned and developed as a whole in a single development operation or an appro';ed programmed series of de'ielopment operations for industrial buildings and related uses and facilities; provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated '1Iith and having no ad';erse effect on adjoining or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc. and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and impro'iements on the land related to the buildings; and includes a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common t:lSe by the occupants of the PID, but '1Iill not be pro','ided, operated or maintained at public expense. PLANNED UNIT DEVELOPMENT (PUD) - Land under unified controL uniformly zoned, planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for dwelling units and accessory uses and facilities, in accordance with an approved master plan. Land under ooified control, planned and developed as u ,.."hole in a single de';elopment operation or an approved programmed series of de',elopment operations for dwelling units and related uses and facilities; iNcludes principal and accessory uses 56 April 3, 2007 and structures substantially related to the character of the de','elopment itself and the slHTounding area of which it is a part; is deyeloped according to comprehensive and detailed plans vA1ich include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single fam.ily homes intended to be located, eOl'lstrueted, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; ineludes a program for full proyision, maintenance and operation of stleh areas, improvements, facilities and unit de'lelopment, but will not be pro'lided, operated or mail'ltained at public expense. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the property to same is accompanied by and conditioned upon an approved master plan for the use and / or development of the property. PLASTIC PRODUCTS - An establishment primarily engaged in processing and fabricating new or recycled plastic resins into a variety of intermediate or final products, using such processes as molding and casting. PLAT - A map or delineated representation of the combining, or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with all requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include the terms "record plat", "replat", amended plat", or "revised plat". ,Ai map depicting the divisiol'l or subdiyision ofland into lots, blocks, parcels, tracts or other portions in accordance with Chapter 177, Florida Statutes, as amended. BOUNDARY - A map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in accordance with the requirements and procedures for a plat pursuant to Chapter 177, Fla. Stat. PLA.. T FINAL - A finished plat including all signatures required for recordation except those signifying approval by the City. _,Ai finished map of a subdi'lision aeemately showing all legal requirements of Chapter 177 F.S. and the requirements of this ordinance. PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans. PL...... T OF RECORD - A plat which conforms to the requirements of the applicable state laws and City codes, and is subsequently recorded in the Public Records of Palm Beach County, Florida. ,Ai recorded final plat. PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas- burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. POINT OF COMPOUND CURV A TUR- See "SURVEY DATA". 57 April 3, 2007 POINT OF CURVATURE- See "SURVEY DATA". POINT OF REVERSE CURVATURE- See "SURVEY DATA". POINT OF TANGENCY- See "SURVEY DATA". POLITICAL SICN political purposes. '^1 sign erected by a political candidate, group or agent thereof, for POST OFFICE - A government operated facility that provides mail delivery services. post office boxes. offices. vehicle storage areas. and sorting and distribution facilities for mail. POSTAL / MAIL CENTER - An establishment primarily engaged in providing packing / shipping services. mailbox rental and other postal and mailing services (except direct mail advertising) in coni unction with sales of related merchandise / supplies. PREMISES f1 pareel ofland eomprised of one (1) or more lots for which a site plan has been appro','ed, if required, by the appropriate governmental body. If site plan appro'fal is not required, the ':lord "premises," fDr the plKpose of these regulations, shall mean a pareel of land, with its appurtenances and buildings, comprised of one (l) or more lots having Uflity of use. PREMISES Premises A platted or unplatted lot or parcel ofland either occupied or unoccupied by any structure. PRESERV A TION - The perpetual maintenance of areas in their original state. PRINCIPAL USE - See "USE. PRINCIPAL". PRIVATE CLUB. LODCE. }...ND FR..\TER.~A.L ORCANIZ.\TION Pri'.'tl1c ChIBS. LedfCs and Fraternal Orgcmizatiens. '^1 facility used to house a registered non profit or not for profit soeial. sports or fraternal organization for the primary purpose of having private meetin~s for their membership. and may include the servin?: of meals and/or aleoholic be'ferages for the exclusi'le use of the m.embers and their guests. and '.vhere access to the general public is restrieted. PRIV.\ TE COMMUNITY ANTENN.A.. SYSTEM f1 system of equipment designed to receive and distribute te1e'lision and radio signals serving a minimum of ten (l 0) residential units in a condominium or nonprofit homeo\\ners' association. PROFESSIONAL OFFICE - See "BUSINESS OR PROFESSIONAL OFFICE". PROFESSIONAL SURVEYOR AND MAPPER - See "SURVEYOR AND MAPPER, PROFESSIONAL" PROFILE. LEAST VISUALLY OBTRUSIVE - The design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function. 58 April 3, 2007 PROHIBITED USE - "See USE, PROHIBITED". PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the State, operated under recorded maintenance and ownership agreements through which each owner of a portion of a development or subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subiect to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, common areas, and other similar properties. A property owners' association is considered to be a single entity for property ownership as it relates to platting. The term "property owners association" shall also be deemed to include a homeowners association, condominium association or cooperative (apartment) association, as defined in Chapter 71 L Fla. Stat., as amended, having a life tenure of not less than twenty (20) years: as well as a third party having an agreement with a condominium or cooperative association as permitted by Chapter 71 L Fla. Stat., as amended. An organization operated ooder recorded mainteFlance and ovmership agn~ements made up of e'/ery O'Nner of a portion of a subdi'/ision. Each o\.vner is automatically a voting member and subject to a prorated share of the common property maintenance costs. A property o'.vners' associatioB, as used in this ordinance, is synonymous with homeo'.vners' association and/or condominium association as defined in Chapter 711, Florida Statutes, 1971, as amended. PRM - See "PERMANENT REFERENCE MONUMENT". PUBLIC AGENCY - Any government or governmental agency, board, commission, authority or public body of Palm Beach County, the State of Florida, or of the United States government, or any legally constituted governmental subdivision or special district. PUBLIC ART FUND - means a - A separate, interest bearing account set UP by the City to receive monies for the Art in Public Places Program. PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and roads, for which levels of service have been established in the comprehensive plan. PUBLIC HALL Public hall - aiW Any halL corridor or passageway not within the exclusive control of one family. PUBLIC RICHT OF 'V}.. Y The land which is dedicated for pedestrian or automoti'/e traffie or which is dedicated for access to utilities and is, or is intended to be, permanently open for these ase5-; PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. Every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposes to provide \-vater or se'.ver service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or cable TV service to the public for eompensation. 59 April 3, 2007 PUBLISHING AND COMMERCIAL PRINTING - An establishment known as a publisher or commercial printer is engaged in the publishing and / or printing of newspapers. magazines. books. other periodicals. as well as directory. mailing list. and software publishing and print products. Print products may include stationery. business forms and other materials. The processes used in printing or reproduction may include a variety of methods used to transfer an image from a plate. screen. film. computer file. or other medium to paper. plastics. metaL textile articles. or wood. Support activities include data imaging. platemaking services. and bookbinding. PYLON SICN }~ sign that is mounted on a freestanding pole(s) or other freestanding SMpport so that the bottom edge of the sigH face is six f-eet or more above gTade. RADIO & TV BROADCASTING - An establishment primarily engaged in operating broadcast studios and facilities for over-the-air or satellite delivery of radio and television programs. RADIO FREQUENCY EMISSIONS - Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground. antenna support structure. building. or other vertical projection. READER BOARD SIGN - See "SIGN. CHANGEABLE COPY Changeable Copy Sign." REAL EST A TE BUSINESS - An establishment primarily engaged in the renting or leasing of real estate to others: managing real estate for others; selling. buying. or renting real estate for others; and providing other real estate related services. such as appraisal services. REAL EST"A..TE SICN "'\ny sign erected by an O'.'In:er, or his agent, adyertising the real property upon which the sign is located as for rent or sale. Sueh sign shall not include rooming house signs. REAL PROPERTY - The portion ofthe land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. RECLAMATION - The filling, backfilling, restructuring, reshaping and/ or revegetation within and around a land excavation or filling area to a safe and aesthetic condition. RECREATION AND ENTERTAINMENT. OUTDOOR - Rocroatien and cntcrt-aimncnt. au1deer. An outdoor area which is principally used for active or passive recreation. and which is operated on a for-profit basis. Such uses include tennis centers and swimming pools. RECREATIONAL FACILITY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use. RECREATIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. 60 April 3, 2007 REFERENCE POINT - Any defined position that is or can be established in relation to another defined position. REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of these regulations. they are the alterations Alterations made to a building within any twelve month period. including. but not limited to. changes to the facade of a building. changes to the interior of a building. increases or decreases in the floor area of a building and changes to exterior improvements (in. eonnection '.vith the '^1rt in Public Plaees PrOgrlHFl ). REMOV,A..L Removal: "Removal of trees" also inel1:ldes any intentional or neldicent act which will cause a tree to decline and die within a period of three (3) years inc1udin.g. but not limited to. such damage inflieted upon the root system of a tree by the operation of hea'l'i maehinery~ the change of the natural grade above the root system of a tree or Mound the tI1H1k of a tree~ and damage from iniurv or from fire inflicted on trees which results in or permits inf-eetions or pest infestations. RENTAL / LEASING. INDUSTRIAL & COMMERCIAL EQUIP - An establishment primarily engaged in renting or leasing commercial-type and industrial-type machinery and equipment. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. RENTALS. RECREATIONAL (BICYCLES. CANOES. PERSONAL WATERCRAFT)- An establishment primarily engaged in renting recreational goods. such as bicycles. canoes. mopeds. skis. beach chairs. beach umbrellas. and the like. This use excludes the rental of boats and large marine vessels / accessories. REPAIR / MAINTENANCE. INDUSTRIAL AND COMMERCIAL EQUIPMENT - An establishment primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. This use excludes iunk. salvage. and tow yards. REPAIR / MAINTENANCE. PERSONAL AND HOUSEHOLD GOODS- An establishment primarily engaged in repairing and servicing personal or household-type goods. such as garments (tailors & dressmakers)~ watches~ iewelry~ musical instruments~ bicycles and other fitness equipment; and including but not limited to: (1) reupholstering furniture~ (2) refinishing furniture~ and (3) repairing and restoring furniture. REPAIR. RENTAL. & MAINTENANCE OF HOME / GARDEN TOOLS - An establishment primarily engaged in the repair. rental/leasing. or maintenance / servicing of home and garden equipment. without retailing new home and garden equipment. such as lawnmowers. handheld power tools. edgers. leaf-blowers. and trimmers. REPAIR. RENTAL. & MAINTENANCE OF OFFICE. HOME EQUIP - An establishment primarily engaged in the repair. rental/leasing. or maintenance / servicing of office machinery and related equipment. such as computers. office furniture. duplicating machines (i.e.. copiers). or facsimile machines. REPLACEMENT - See "MITIGATION". RESEARCH & DEVELOPMENT. SCIENTIFIC / TECHNOLOGICAL - An establishment engaged in conducting original investigation undertaken on a systematic basis to gain new 61 April 3, 2007 knowledge (research) and/or the application of research [mdings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development). RESIDENT POPULo4.TION The year round population ofthe city, Palm Beach County, the development project, or other portion of the city or COlHlty, as the context may require, using the methodology set forth in the oomprehensive plan support docl:HTlents. RESIDENTIAL ZONING DISTRICT - All R-1AAA, R-1AAB, R-1AA, R-1A, R-1, R-2 and R-3 zoning districts, and those planned unit developments where the predominant land use on the approved master plan is residential. RESTAURANT - An establishment engaged in preparing, selling, and / or serving food and beverage items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthly gross revenue. Aft establishment with an on site commercial kitchen where food and drink are prepared and served, and are consumed primarily at tables on site. A restaurant may serve alcoholic beverages as u secondary acti'/ity. RESTAURANT. TAKE-OUT - An Establishment engaged in preparing and selling food and beverage items for consumption off the premises, via pick-up, carry-out, or delivery. Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthly gross revenue. RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing ofW orkforce Housing Units created under the Workforce Housing Program. The term ofthe Restrictive Covenant and Agreement is thirty (30) years. RE T }.IL The sale of goods only to household conSlHllers, or office or prof-cssional equipment and supplies, for use in offices or any other sale in the form of personal property. REZONING - The legal process by which changes are made to the boundary or boundaries ofa zoning district( s) or where a new boundary or boundaries are established for a zoning district( s). This process is ImovlIl herein as a district boundary change. RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies. A strip ofland dedicated or deeded in perpetuity to the public or a property ovmers association. RICHT OF '''.04. Y shall mean land in which the state, the Florida Deoartment ofTransoortation, Palm Beach COlHltv or the City of Boynton Beach owns or has an agreement de'/oted to or reqNired for use as a transportation facility or street. RO;\D~l;\ Y That portion of a highway improved, designed or ordinarily Nsed for vehicular travel, ex elusive ofthe berm. or shoulder. In the event a highway inc1Ndes two or more separate 62 April 3, 2007 roadways, the term "road'.'lay" as used herein refers to any sueh roadway separately, but not to all such roadways collectively. ROOF SICN ,^.. sign erected upon or above a roof of a building, or above or partially above a parapet of a building. ROOFLINE Re&jlinc - The overall ridge line ofthe structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building. RUBBER PRODUCTS - An establishment primarily engaged in the processing and fabricating of natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products, excluding tire and inner tube manufacturing, retreading, and rubber reclaiming. RUBBISH - R'blbhish - all All combustible and noncombustible waste except garbage. RUNOFF - Precipitation discharge into waterways. The water that flows off the surface of the land without sinking into the soil is called surface runoff. Water that enters the soil before reaching waterways is called groundwater runoff or seepage flow from groundwater. SAFETY SIGN I WARNING SIGN - See "SIGN, SAFETY" A D.O.T. approved sign erected to identify a special safety or '.'/aming message relating to that particular loeation or area. SALE OF COODS Sale, rental or leasing of goods. SAND DUNES - &md d'blncs - naturally Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SATELLITE EARTH STATION - A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated ground equipment and cabinets. SCHOOL. OTHER - An establishment primarily engaged in offering training in business and computer skills, cosmetology, management, and the like. This use may also include establishments primarily engaged in offering an array of short duration courses and seminars. SCHOOL. PRIMARY AND SECONDARY - A public, private, or parochial school offering instruction at the elementary, lunior, or high school level in the branches ofleaming and study required to be taught in schools within the State. SCHOOL. TECHNICAL & TRADE - An establishment primarily engaged in offering job or career vocational or technical courses. The curriculums offered by these schools are highly structured and specialized and lead to job-specific certification. SECURITY SERVICES - An establishment primarily engaged in (1) the installation and monitoring home / business alarm systems: (2) guard and patrol services: and / or (3) picking up and delivering money, receipts, or other valuable items with personnel and equipment to protect such properties while in transit. 63 April 3, 2007 SELF SERVICE STOR}..CE FACILITY (MINI ~T f..REHOUSES) .\n enclosed storage facility of a commercial nat1:H"e containing independent, fully enclosed bays whieh are leased to persons exclusively for dead storage oftheir household goods, personal property, or records for commercial businesses. Except as otherwise allo\ved by Section 11.0 Self Service Storage Facilities (Mini warehouses) of the Zoning Code, storage. bays shall not be used to manufactlH'e, fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of aflY kind; or conduct any other commercial or industrial activity on the site. The term "Self Service Storage Facilities" includes the following: Limited access self storage facilities, which ha';e limited access points from the exterior of the building to interior halls that serve individual storage bays; and, multi access self storage facilities, '.vhich have multiple access points from the exterior of the building to individual bays and may haye one access point for each storage bay. SELF SUPPORT I L}.. TTICE TOWER Self support/tattice tfnrer .\ telecommlHlication tower that is construeted without guy wires and crmmd anchors. SETBACK A line running a certain distance back from and parallel to the base, front, side or rear property line ",mieh provided the separation wherein no building, structure or portion thereof shall be permitted, erected, constructed or placed unless specifically permitted by the Code. SEWER / SEPTIC & WASTE MGMT CLEANING - An establishment primarily engaged in (1) pumping (i.e., cleaning) septic tanks and cesspools and/or (2) renting and/or servicing portable toilets. This use also includes establishments primarily engaged in providing waste management services such as sewer, catch basin, and grease trap cleaning. SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies. SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user. SHEL TER - Shelter. A facility, which is not a hotel or moteL used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless. SHOOTING RANGE. INDOOR - The commercial use of a building or structure for archery and / or the discharging of firearms for the purposes of marksmanship, recreation, or temporary competitions. .^.. facility designed or used for shooting at targets with rifles, pistols, arro'.\', or shotguns, and which is completely enclosed within a building or structure. SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit. SHRUBS "Shrubs": Sh..-ub shall meafl a bushy, '.voody plant, usualh with several permanent stems, and usualh not oyer ten (10) feet hieh at its maturity. 64 April 3, 2007 SIDEWALK - shall mean that That portion of the right-of-way which is located between the curbline or the lateral line of a street and adiacent property line and which is intended for use by pedestrians. SIDEW ALK CAFE - Chairs and tables temporarily placed within the sidewalk area that directly abut a business operating as a RESTAURANT shall mean the placing, locating, or permitting of the placing and locating of chairs and tables withiN the sidewalk area adiacent to a business licensed to operate as a restamant or a nightclub as defined in the Code. 8IDE'V}1LK OR 8,41ND\\'ICH 8ICN LA.. moveable sign Not secmed or attached to the groood. SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane. SIGHTSEEING & SCENIC TOURS- A business office for an operation that utilizes transportation equipment to provide recreation and entertainment. The activity is local in nature, usually involving a same-day return to the point of departure. 8ICN Every billboard, ground sign, ','1all sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, avming and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the business or other interests of any person or entity when placed out of doors in view of the general public. SIGN - Sign,- Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed, placed, attached, painted, erected, fastened, manufactured or displayed in any manner whatsoever for the purpose of informing of or advertising about the nature, type or quality of goods, services or activities available; or to advertise the name of any firm, corporation business or any other enterprise, or its nature, type or quality of goods, services or activities; or to attract to or identify any of the aforementioned or by its nature, act to draw attention to a business. ~ sign shall be classified and shall conform to the requirements set f-orth in this chapter. ABANDONED - Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current occupational license. ADVERTISING STRUCTURE - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property . ANIMATED OR FL UTTERING - A sign which uses devices to generate movement by either mechanical, electrical or natural methods. 65 BLADE- A small, pedestrian oriented sign that proiects perpendicular from the building or is hung beneath a canopy/covered walkway. BUS BENCH - A bench or seat with graphics, symbols and/or copy affixed against any surface. BUS SHELTER - Graphics, symbols and/or copy affixed to any surface of a public transit shelter. CHANGEABLE COPY - A sign of permanent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises upon which a sign is erected. This sign may be erected as a part of a freestanding sign. COMBUSTIBLE - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non- D.L. approved plastics, cloths, etc. April 3, 2007 66 COVERED W ALKW A Y AND ARCADE SIGN - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid. DIRECTIONAL - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or safety ofthe public. (3) A sign, notice.....or symbol as to the time and place of regular civic meetings and religious services. DIRECTORY - A freestanding or flat sign listing only the name and/or use or location of more than one (1) business, activity or profession conducted within a building, group of buildings or commercial center. DOOR - See "SIGN, WINDOW". DOUBLE FACED - A sign with two (2) faces which are back to back with no more than a forty-five (45) degree angle between the faces. ELECTRICAL - A sign or sign structure in which integral electric wiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of the National Electrical Code. April 3, 2007 67 FIXED PROJECTION SIGN- A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLASHING - A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones average sign which is part of a permitted commercial sign. FLAT - A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported throughout its entire length by the facade of the building and not extending above or beyond the building. April 3, 2007 68 FREESTANDING - A monument or ground-mounted sign identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s). GOVERNMENT - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities. GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure. IDENTIFICATION - A non-illuminated sign affixed to the rear of a building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet. ILLUMINATED - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. April 3, 2007 69 MONUMENT - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal. OFF -PREMISES - A sign advertising an establishment, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the property on which said sign is located. ON-PREMISES - A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located. PlUNTED \\'LA,.LL L^," sign painted on any exterior surfaee of the building or struetlH"e, including the roof. PARAPET - A sign placed completely on the face of a parapet. . PERIMETER - The entire outer boundary of the sign, not including the supporting structural members. CUSTOMARY PLAQUE. (CUSTOMARY) - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. April 3, 2007 70 POLITICAL SICN A sign erected by a political candidate, group or agent thereof, for political purposes. PROJECTING - A sign attached to. and proiecting at a right angle from. a building face or wall and maintained wholly on private property. PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade. REAL ESTATE SIGN- Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. ROOF - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building. SAFETY .' WAR.~INC SICN - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or area. SIDEWALK OR SANDWICH SIGN - A moveable sign not secured or attached to the ground. April 3, 2007 71 SNIPE - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter. SPECIAL EVENT - A sign which carries a message regarding a special event or function which is of general interest to the community and sponsored by a not-for-profit civic, religious, school or governmental organization. TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign identifying a business location. TEMPORARY CONSTRUCTION - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days after the building permit has been finalized. VEHICULAR - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or industrial establishments. WALL - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself. WARNING - See "SIGN, SAFETY". April 3, 2007 72 April 3, 2007 WINDOW I DOOR 8ICN - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication. YARD SIGN - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot. such as "Home Security", "Beware of Dog", or "Keep off the Grass". SIGN, AREA ()F - The area enclosed by the perimeter of the sign including all background material, panel, trim and color that differentiates the sign from the building, structure or object to which the sign is attached. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the area is the sum of the areas of the smallest . contiguous rectangles containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs are calculated as single faced until there is more than a forty- five (45) degree angle between faces. SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs and connect to an existing sign circuit. SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs. SIGN FACE - The part of the sign that is or can be used for advertisingpUl"poses. Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the SIgn. SIGN. ERECT-To build, construct, attach, hang, place, suspend or affix~, and shall also include the painting of signs. SIGN. HEIGHT-The vertical dimension measured from the highest point ofthe sign to the mean surface grade surrounding the bottom of the sign. 73 April 3, 2007 SIGN. LOGO - A symbol of a company or business. SINGLE-KEYED DEAD DOLT - Sinm ke'y'ed dead belt is a A lock bolt which does not have a spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn from the interior and when proiected becomes locked against return by end pressure. SITE PLA1N FOR BUILDINC PERM:ITTINC Dra','/ings showing the location of the proposed building or struetlHe and of e','ery existing building or struetlHe on the site or lot and other documents required by the direetor of deyelopment. SITE PLAN FOR DEVELOPMENT OR REDEVELOPMENT The deyelopment plan for one or more lots submitted in complianee vlith Chapter 1 including, b1:l-1: not limited to, requirements of Section 7 therein. SKf1 TINC RINK }~ commercial establishment that provides facilities for partieipant ice or roller skating '.vhich is completely enclosed within a building or structlHe. SKY EXPOSURE PLANE - Sky EXl'J8S'blre Plane. A "sky exposure plane" is an imaginary inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations, used for determining maximum building heights and setbacks. Adjacent to street s - Base height at street level - Horizontal distance - Vertical distance - Setback Rear and side SNIPE SICN /\. sign of a temporary natlHe which is mounted to stakes or other objeets, ','Ihich is utilized to advertise or display matter. SOAP & TOILETRY - An establishment primarily engaged in the mixing, blending, and packaging of cosmetics, soaps, and other cleaning compounds. 74 April 3, 2007 SOUP KITCHEN &nm kitchen. .LA.. faeilitv proyiding free or very low eost meals or distributing free or yery low oost. pre packaged foodstuffs to the public as part of a charitable aeti':ity, program or organization. SPECIAL EVENT - Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street. sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies anv public area or building and preempts use by the general public. A special event shall include but not be limited to City co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand openings, promotions, and other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment. are exempt from obtaining a Special Event permit, however, applicant must still obtain the proper Building Permit. SPECIAL EVENT HANDBOOK - A publication issued by the City ofBovnton Beach entitled "Special Event Handbook" which sets forth procedures for the application process and City requirements for special event activities. SPECI:'1L EVENT SICN }.. sign v:hich carries a message regarding a special event or function 'Nhich is of general interest to the community and sponsored by a not for profit ciyic, religious, school or gO'iernmental organization. SPECL\L MOBILE EQUIPMENT Vehicles defined as such by Section 316.003, Florida Statutes. SPECIAL TY FOOD STORE - An establishment primarily engaged in retailing specialized lines of food. These types of stores include various markets (Meat. Fish, Seafood, Fruit, and Vegetable), Baked goods, Confectionarv and nut stores, and Health / Gourmet food stores. SPECIMEN TREE Specimen tree: A "speeimen tree" shall mean a tree 'Nhieh has been determined by the iudgment of the city inspector to be of high value beoause of its type, size, age or other professional criteria, and has been so designated and that desicnation has been officially made and promulgated as part of the official records of the City of Bo'mton Beach. SPORTING GOODS AND TOYS - An establishment primarilv engaged in manufacturing sporting goods, fitness equipment, toys, and the like. STANDARDS. CURRENT - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date all complete application or amended application, whichever is later, is submitted presented for consideration. ST ART OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), -The date a building permit is issued, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the 75 April 3, 2007 pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. ST A TE - &/:ffle.;. The words "the state" or "this state" shall be construed to mean the State of Florida. STATE HOUSING INITATIVES PARTNERSHIP ACT - Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq., Florida Statutes, and Chapter 91-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference. STATE PLANE COORDINATE - The system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the surface ofthe earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose ofthe use ofthis system, the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate proiection and zone designation shall be indicated and included in any description using the Florid State Plane Coordinate System. STATE ROAD - Any highway designated as a state-maintained road by the Department of Transportation. STATE STAND}~RDS See "Department of Transportation State Standards." STEAL TH FACILITY Stealth faoilitv - See "WIRELESS COMMUNICA nONS FACILITY, CONCEALED". .'\ny telecommunieatioFls facility \vhieh is designed to blend into the slHTounding environment and which is incoroorated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities inelude, but are not limited to, architeeturally screened roof mounted antennas, antennas integrated into arehiteetural elements, and telecommlHlieation and/or personal wireless serviees towers designed to look like light poles, power poles, clock to'.\'ers, or trees. STONE CUTTING & FINISHING - An establishment primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. This use also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. STORAGE CONTAINER. TEMPORARY - An obiect that is designed and constructed by the manufacturer thereof for the primarv purpose of storing and / or transporting items or goods which may be used for storage purposes in lieu of storage within a principal or accessorv building. Also included are operable or inoperable vehicles used for the purposes as described herein. 76 April 3, 2007 STOR}...CE OF HOUSEHOLD COODS The storage of goods by individual households of their household possessions, and excluding storage of inflammable, explosi';e, toxic or hazardous materials. STORAGE. BOATS / MOTOR / RECREATIONAL VEHICLES - An outdoor storage facility for the temporary storage of boats. motor. or recreational vehicles. as a principal use. This use excludes iunk yards. salvage. or tow yards. STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement by same or similar goods or products. STORAGE. SELF -SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited- access and multi-access facilities. STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the city engineer. STORMW A TER - The flow of water which results from a rainfall event. STREET - Includes any access way such as a street. road. lane. highway. avenue. boulevard. alley. parkway. viaduct. circle. court. terrace. place. or cul-de-sac. and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets. whether improved or unimproved. but shall not include those access ways such as easements and rights-of- way intended solely for limited utility purposes. such as for electric power lines. gas lines. telephone lines. water lines. drainage and sanitary sewers. and easements for ingress and egress. "^'.. public or private strip of land which affords a prineipal means of aocess to abutting property. The word street is synonymous with road, avenue, boulevard, laRe, place. STREET means that portion of a right of \Va',' improved. designed or ordinarily used f-or vehicular traffic or parking. ARTERIAL - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, and as well as every street shown or described as ~arteriaI: according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. l\ route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, generally higher operating speed, and high mobility importance. In addition, all United States Rl:lffibered higlr.vays shall be arterial roads. STREET, COLLECTOR - A route providing service which is of relatively moderate average traffic volume. moderately average trip length and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial 77 roads and serves as a linkage between land access and mobility needs. A street shown or described as a "collector" street according to the current or most recent functional classification system contained in the City of Bovnton Beach Comprehensive Plan, as adopted and amended. f.. route pro';iding service which is of relatively moderate average traffic yolume, moderately average trip length, afld moderately average operating speed. These routes also collect and distribute traffic bet',veen local roads or arterial roads and serve as a linkage bet\veen land access afld mobility Reeds. CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round. /\ circular turnaround on a local street with only one outlet. DK\D END .'\ street with only one outlet. LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights. LOCAL STREET -- A street shown or described as a "local" street according to the current or most recent functional classification system contained in the City of Bovnton Beach Comprehensive Plan, as adopted and amended. .^.. street sho\'/Il or described as such according to the current or most recent functional classification contained in the City of BOyntOfl Beach Comprehensive Plan, as adopted and amended. MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities. STREET, MARGINAL ACCESS - A street.. parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street. STREET, PRIVATE - Any street not dedicated to the public. April 3, 2007 78 April 3, 2007 STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission. STREET FRONTAGE - The property line adjacent to a public or private street. STREET. INTERSECTION - The point of crossing or meeting of two (2) or more streets. STREET, LOC.A...L A route providing service 'lfflieh is of relatiyely 10','1 average traffic volume, short average trip length or minimal tm-ough traffie movements, and high land access :fur abutting property. STREET, MINOR See "Local Street." STRIKE PLATE - Strike lJffltc is Is a metal plate designed to receive and hold a proiected bolt. STRUCTUIU...L TRIM: Shall mean the molding, battens, cappings, nailing strips, lattieing and platf-orms 'Nhich are attached to the sign structrne. STRUCTURE - Any building or improvement, fDr which a eertificate of occllpaney is required, constructed upon real property located within the municipal limits of the city. SUBDIVISION - Land divided into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division ofland: and includes establishment of new streets and alleys, additions, and re- subdivisions: and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. The division of a parcel of land into two (2) or more lots or pareels, either by plat into lots illd blocks or by metes and bounds description, for the plH'pose of trillS fer of o'.'mership or development or, if a nevI street is involved, by division of a parcel of lilld. SUBSTANTIAL. SUBST ,A..NTIAL IMPROVEMENT - Substantial. Substantial !mfJI'(:r:cmcnt Any repair, reconstruction, or improvement of a structure or site, the cost of which equals or exceeds fifty (50) per cent of the value of the structure as established by the most recent Palm Beach County ad valorem tax bill, either (1 ) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part ofthe building commences, whether or not that alteration affects the external dimensions ofthe structure. .^..ny repair, reconstruction or improvement of a structrne, the eost ofwhieh equals or exceeds fifty (50) per cellt of the market value of the struetrne before the improvement or repair is started, or if the structrne has been damaged illd is being restored, bef-ore the dam:age occurred. Substantial improvement occrns when the first alteration of illY \vall, ceiling, floor or other structrnal part of the building commenees, whether or not that alteration affects the external dimensions of the struetrne. The term does not include illY project for impro'/ement of a structrne to comply with existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. SUBSTt...~CE ;\BUSE CENTER Substancc abusc ccnta. ,\ facility used vrimarily for the treatment of individuals f-or aleohol or druc abuse. 79 April 3, 2007 SUPPLIED FACILITES - SU1JfJlicd facilities Facilities paid for, furnished or provided by, or under the control of, the owner or operator. SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached thereto. SURFACE WATERS - All waterways and associated wetlands that hold or transport water on or over the ground. SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or legal location by viewing and applying direct measurement of features on or near the earth's surface using field or image methods; further defined as follows according to the type of data obtained, the methods and instruments used, and the purpose( s) to be served: AS-BUlL T - A survey performed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated; also known as a Record Survey. BOUNDARY - A survey, the primary purpose of which is to document the perimeters, or anyone of them, of a parcel or tract of land by establishing or re-establishing comers, monuments, and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting. CONDOMINIUM - A survey performed pursuant to Chapter 718, Fla. Stat.; includes a Boundary Survey. CONSTRUCTION LAYOUT - The measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions. CONTROL - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping. DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompany the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to either a government comer, a recorded comer, or some other well-established survey point. HYDROGRAPHIC - A survey having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom; directions and force of current heights and time of water stages; and location of fixed obiects for survey and navigation purposes. MEAN HIGH WATER LINE - A survey to document the mean high water line as defined in Part II, Chapter 177, Fla. Stat. 80 April 3, 2007 QUANTITY - A survey to obtain measurements of quantity. RECORD - A survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated: also known as an As-Built Survey. SPECIFIC OR SPECIAL PURPOSE - A survey performed for a purpose other than the purposes detailed in the other types of surveys defined within these regulations. TOPOGRAPHIC - A survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations. SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of the unified property or the subdivision and any parts thereof. POINT OF COMPOUND CURVATURE (PC) - "P.C.C.," means the point where two circular curves have a common point of tangency, the curves lying on the same side of the common tangent. POINT OF CURVATURE (PC) - "P.C.," means the point where a tangent circular curve begins. POINT OF REVERSE CURVATURE (PRC) - "P.RC.," means the point where two circular curves have a common point oftangency, the curves lying on opposite side of the common tangent. POINT OF TANGENCY (PT) - "P.T.," means the point where a tangent curve ends and becomes tangent. SURVEY MONUMENT - An artificial or natural obiect that is permanent or semi-permanent, and used or presumed to occupy any real property corner, point on a boundary line, or reference point. A survey marker must: (1) be composed of a durable material; (2) have a minimum length of 18 inches: (3) have a minimum cross-section area of material of 0.2 square inches: (4) be identified with a durable marker or cap bearing either the Florida registration number ofthe professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable: (5) be detectable with conventional instruments for locating ferrous or magnetic obiects. If the location of the monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. SURVEYOR AND MAPPER. PROFESSIONAL - A surveyor and mapper registered under Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Surveyors and Mappers.A surveyor registered in Florida. SWIMMING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or recreational purposes. 81 April 3, 2007 T ANDEM PARKING - See "P ARKlNG, TANDEM" The placement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or street access serves as the only means of access to the other space. TAXI. LIMO. CHARTER BUS - An establishment primarily engaged in the use of motor vehicles offered to the public for the purpose of carrying or transporting passengers for a fixed charge, fee, or hourly rate. This use excludes Automobile Rental. TECHNIC.\L REVIEW COMMITTEE (TRC) /\. committee consisting of the director of development, the fire chief, the police chief, the director of utilities, the director of public works, the city engineer, the recreation and parks director, and the director of planning and zoning, or their duly authorized representatives. TECHNICAL SITE PLAN - Technical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with an approved Master Site Plan for a Mixed Use Pod within a Planned Industrial Development district (PID) Chapter 4, Section 7, (.^... through G.) and Section 8. Prior to approval ofthe Master Site Plan, technical site plans may be reviewed by the City Commission, for re'lie'.v and approval of'.vai'ler requests for flexibility of development regulations. Such plans shall meet the regulations for technical site plans and shall specifically list in the tabular data those specific elements of the plan reql:1iring 'Naiver approval. TELECOMMUNICATION TOWER Tclccammunication kTlrcr See "ANTENNA SUPPORT STRUCTURE". .^.. guyed, monooole or self support/lattice tovier, constructed as a free standing structure, containing one or more antermas used in the provision of personal wireless services, excluding radar towers, amateur radio supoort structures licensed by the FCC, private home use of satellite dishes and tele'lision antennas and satellite earth stations installed in accordance with applicable codes. TEMPOR.'\RY BUSINESS IDENTIFIC.AATION SICN A non permanent, on premise sign identifying a busiaess location. TEMPOR.'\RY CONSTRUCTION SICN .^.. sign identifying the o\vners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed \vithin ten (10) days after the building permit has been finalized. TEMPORARY EMPLOYMENT AGENCY - An establishment primarily engaged in supplying workers (administrative, professional. sales) for limited periods of time to supplement the work force of the client. The individuals provided are employees of the temporary employment agency. However, these establishments do not provide on-site training or direct supervision of their employees at the clients' workplace. TEMPORARY HOUSING - Tenmorar,: hausinf! all',' Any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to 82 April 3, 2007 another structure or to any utility system for more than thirty (30) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article. TENSE Tense. Words used in the present or past tense iNclude the futlH'e as ""ell as the present or past. TESTING LABORATORY - An establishment primarily engaged in performing laboratory analysis of natural resources and manufactured materials. The scientific analysis is generally performed for an outside customer to support the work of that customer. TEXTILE PRODUCTS - An establishment primarily engaged in fabricating apparel, clothing accessories, and canvas goods from purchased fabric and materials. THEATER - Theater. A building or outdoor structure expressly designed to seat persons viewing the presentation of plays, operas, music concerts, motion pictures, etc. THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boynton Beach. THRIFT STORE - See "MERCHANDISE, USED". TIME SH<\RINC HOTEL The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance '.'lith a fixed time schedule on a periodically recurring basis extending for more than one year. The determination that a building, or part thereof, is a time sharing hotel shall be made without regard to the f{)fm of ownership of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of f-ee interest. TOWER - See "ANTENNA SUPPORT STRUCTURE". TOWING. MOTOR VEHICLE - An establishment primarily engaged in towing light or heavY motor vehicles, both local and long distance. These establishments may provide incidental services, such as the temporary storage of towed vehicles and emergency road repair services. This use excludes iunk and salvage yards. TR..\FFIC Pedestrians, ridden or herded animals, and '"ehicles, streetears and other conveyanees either single or together .."hile using any street or high'.vay for purposes of travel. TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices (M.U.T.C.D.), excluding any mechanical or electrical device such as traffic lights. TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed. 83 April 3, 2007 TRAFFIC IMP ACT ANALYSIS - A traffic statement prepared by a registered professional engineer competent in traffic engineering !:!lli!.registered in the State of Florida, submitted as part of the application for site plan, rezoning, or other application in compliance with local, County, or State review requirements for appropriate review of traffic impacts. Such analysis should address at a minimum, daily and peak hour movements, turn lanes required, signalizatioN, capacity of the street system and interior drive\\'ay lengths. TRAILER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. TRAVEL AGENCY - An establishment primarily engaged in acting as agents in selling travel, tour, and accommodation services to the general public and commercial clients. TREES "Trees": Any self supporting woody pereflflial plant whieh has a tl1:lflk diameter of tlHee (3) inches or more '.vb.en measll{"ed at a point fOll{" and ONe half (1 1/2) feet above ground level and \vhich normally attaiNS an overall hei~ht of at least ten (10) feet at maturity usuali'{ ',vith one main stem or tn.mk and many branehes. It may appear to have several stems or trunks as in several varieties of oak. ,AJl mangrove trees shall be included herelHlder, which are four (1) feet or more in height. TRUCKINC, TR,'\...~SFER,ORM.OVINC OPER:\TION ,Ai usewheretrueking, transf-erof goods or the moving of goods or property is the principal use, and where the use in',oi'les the use of such ',ehicles as are referred to in Section 11 3(a) of the City of Boynton Beach Ordinances. TRUCKS, BUSES, F:\RM EQUIPM.ENT, OR F.A1RM Mf1CHINERY STO~\CE, PAR..IG.NC, S,A1LE, RENT,A1L OR LEASINC The keeping of any trucks, buses, farm equipment, construction machinery or other yehicles referred to in Section 11 3(a) of the City of Boynton Beach Code of Ordinances on a premises for any length of time, f-or purposes other than the ongoing service or repair of the vehicle, ongoing deliveries requiring the vehicle, ONgoing maintenance or construction projeots, or where the operator of the vehicle is registered at a licensed hotel or motel and the vehicle is parked on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the keeping of such '.'ehicles on the premises only for the amolHlt of time that the yehicle is being serviced or repaired, or is making deliveries. Ongoing maintenance or construction projects shall include overnight parking on the premises for the duration of s110h a project on the premises, during '.vhioh the '.'ehiele is aotually used. This definition shall not be construed to prohibit the parking of such ',ehieles as a customary accessory use to a lawful principal use where the ','ehicle is owned or operated by the ovmer oft1:1e principal use, where the vehicle is necessary f-or the operation ofthe principal use, and where the parking of such ',ehicles is not prohibited elsewhere in the City of Boynton Beach Codes and Regulations. TUXEDO. FORMAL WEAR. COSTUME RENTAL - An establishment primarily engaged in renting clothing, such as formal wear, costumes (e.g., theatrical), or other clothing (except laundered uniforms and work apparel). 84 April 3, 2007 UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that a-let, lots or parcel(s) ofland shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. URBl\N L~ l\JD USE The use ofland for other than agrieultural, open spaoe, conservation or preservation uses, iFleluding uses \Wiieh are clearly aeeessory and subordiFlate to these uses. USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. USE, ACCESSORY - A use that is customarily incidental to the principal use and so neeessary or commonly to be expeeted that it car.not be supposed that these regulations intended to pre'/ent it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. USE, CONDITIONAL - A use that, because of special requirements or characteristics, may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity wmlld not be appropriate generally, or without restriction, throughout a zoning classification or district. Sueh uses however, if controlled as to area, loeation, number or relation to the neighborhood, would promote public appearaflce, comfort, convenience, general \velfare, good order, health, morals, prosperity and safety of the oity. Suoh uses may be allowed in a zoning elassification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations. USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot. +he primary purpose for which land or building is used as permitted by the applicable zoning district. USE. PERMITTED - A use permitted in a zoning district, without the need for special administrative review and approval, upon satisfaction ofthe standards and requirements of this ordnance. USE. PROHIBITED - A use not permitted in a zoning district. USED MERCH,A1NDISE Merchandise '.vhieh has been pre'/iously o'NIled by another consmner or other end user prior to being stocked or sold on the premises. UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service. UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for use by household users for moving household goods, and specifically excluding truck-tractors or semi-trailers. VARIANCE - Relieffrom certain requirements ofthe regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar to the 85 April 3, 2007 property and not the result of the actions of the applicant. and when literal enforcement of this Code would result in unnecessary and undue hardship. A procedure by '.vhich an applicant m.ay request modification ofthe requirements set forth herein tmder specific conditions which do not nullify the intent and purposes of this ordinance. VEHICUL'\R SICN .A~ sign or sign structure attached or affixed in any mar.ner in or to any wheeled vehicle for the purpose of adyertising that business to '.vhich the sign refers, excluding such signs attached or affixed to public transportation vehieles for business adyertising purposes when such vehicles belong to a fully licensed pMblic transportation com.pany. "A~ vehicle shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of com.m.ercial or industrial establishments. VIDEOS. GAMES & DVD RENTAL - An establishment primarily engaged in renting pre- recorded video tapes and discs for home electronic equipment for entertainment purposes. This use excludes adult entertainment. VINES "Vines": Plants which normally reql:lire support to reach mature f-oFm.. WALL SICN surface itself. /\. sign containing copy, graphics, symbols and/or letters placed on the \vall WAREHOUSING - An establishment engaged in operating facilities to store general merchandise. refrigerated goods. and other warehouse products for distribution. They do not sell on-site. the goods they handle. WARNING SIGN - See "SIGN. SAFETY". WATER SYSTEM, CENTRAL - A supply of water to serve more than one user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances. WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one user. W A TERW A Y - Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, watercourse, etc. WCF - See "WIRELESS COMMUNICATION FACILITY". WETLANDS - Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or those areas where vegetation is dominated by submerged and transitional species of plants listed in Florida i\dministratiye Code Rule 17 3.022. 'VHIP ANTENNi\ Whi1J antenna ^ cylindrical antenna that transmits signals in 360 degrees. '~THOLES.A..LE Sale of goods to consumers other than household conSl::lfFlers or to business and professional offices for use in such offices. For the purposes of these regulations, a ,..lholesale 86 April 3, 2007 establishment shall be defined as an establishment '.vhere more than fifty (50) per cent of the value of goods sold on or from the premises are sold at 'Nholesale prices to customers or users other than household consumers. WHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to retailers or other businesses, excluding sales to household customers. "'INDO'" " DOOR 8ICN Any sign which is painted on, applied to, attaehed to, hanging in or projeeted upon or within, the exterior or interior of a building glass area, induding doors. For clarification purposes, signs in this definition incll:lde, but are not limited to, any identifieation, message, symbol, insignia, visual representation, logo type or any other f{)rm of communication. WIRELESS COMMUNICATION FACILITY (WCF) - Any manned or unmanned location for the transmission and/or reception of radio frequency signals. or other wireless communications, and usually consisting of an antenna or group of antennas. transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new. mitigated, or existing antenna support structures. public antenna support structures. replacement antenna support structures, colocation on existing antenna support structures, attached wireless communications facilities. concealed wireless communication facilities. and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio. amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV /HDTV broadcasting transmission facilities. A TT ACHED - An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure. together with transmission cables. and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site. (See also FREESTANDING). CONCEALED - Also known as "stealth" or "camouflaged" , means a type of WCF, ancillary structure, or WCF equipment compound, that is not readily identifiable as such. and is designed to be aesthetically compatible with existing and proposed building( s) and uses on a site. There are two types of concealed WCFs, namely, Attached and Freestandinf!. They are further described as follows: Attached - Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Freestandinf! - Concealed WCFs usually have a secondary, obvious function which may be. but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard. flagpole with or without a flag. or tree. (SEE ALSO NON- CONCEALED). 87 April 3, 2007 FREESTANDING - Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless communication facility includes, but is not limited to the following: guyed, lattice, or monopole antenna support structures. (See also ATTACHED). NON-CONCEALED - A wireless communication facility that is readily identifiable as such and can be either freestanding or attached (See also CONCEALED). WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCSt specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging). WORK fJI construetion for all facilities and features. WOOD PRODUCTS - An establishment primarily engaged in processing and fabricating purchased wood and / or wood parts into a variety of intermediate or final products. This use excludes pulp mills, wood preserving, pressure treating, and / or drying. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is Income Qualified in which the rent or mortgage payments (including principal, interest taxes, insurance and homeowner association fees) does not exceed 35% of the gross income of households that are classified as low or moderate income households. WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - Wade-manlike state of mainff:nance and repair - ffi In compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities. "'1U1PPED P}..~~NC STRUCTURE. /... parking structure that is enveloped with habitable or leaseable space to disguise the actual function of the structure. /\. fullY'.\Tapped parking structur~ is one in which the garage component, other than the aeeess drive, cannot be seen from any elevation. ,^.. partially '-'.Tapped parking structure is one in which the garage component extends above the habitable or leaseable space and eaR be seen from ORe (1) or more ele'/ations. WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10 50 of the in the City of Boynton Beach Code of Ordinances. XERISCAPE - A set of landscape design and maintenance principles that promote good horticultural practice and the efficient use of water. The term Xeriscape is a registered trademark of the National Xeriscape Council and means water conservation through the use of drought tolerant landscaping or appropriate plant materials that do not require special attention and require little supplemental water to survive. Xeriscape designs do not resemble desert landscape but reflect the lush traditional appearance of Florida gardens. f.. landscaped treatment that substantially reduces irrigation demands by appropriate plant selection. y,\CHTEL ,^.. marina or doekage off-ering onshore o'lernight accommodations. 88 YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein. YARD AREA - Yard area: "Yard area" shall mean the front side and rear yard areas as established and required under the eomprehensive zoning code and the zoning district requirements as applicable thereto. YARD SICN f.. temporary sign, not to exceed four (1) square feet, '.'.'hich identifies a safety feature related to the partieular lot. ZONING CODE - That portion or section of the Land Development Regulations that establishes or regulates, including but not limited to permitted or conditional uses, minimum lot standards and site regulations, building heights, accessory uses and structures, and non-conforming lots and uses. Chapters 2 and 2.5 of the Land Deyelopment Regulations as adopted by the City Commission. ZONING DISTRICT - Any certain designated deseribed area ofthe City of Boynton Beach to which these regulations apply and within which the zoning regulations are generally uniform. (Ord. No. 95 21, ~ 1,8 15 95; Ord. No. 96 28, ~ 1,1 16 96; Ord. No. 96 19, ~ 4, I 21 97; Ord. No. 97 01, ~ 1,2 18 97; Ord. No. 98 01, ~ 1,1 20 98; Ord. No. 98 31, ~ 1,8 1 98; Ord. No. 99 21, ~ 1,9 7 99; Ord. No. 00 55, ~ 2,10 1700; Ord. No. 00 77, ~ 2, I 2 01; Ord. No. 01 15, ~ 2, 87 OI;Ord.No.Ol 50, ~2, 121 01; Ord.No. 02 010, ~2,3 19 02;Ord.No.02 033, H21,8 20 02; Ord. No. 03 OlD, ~ 2,1 1 03; Ord. No. 03 016, ~ 2, 5 20 03; Ord. No. 03 018, SS 1 3,63 03; Ord. No. 03 031, ~ 2, 6 17 03; Ord. No. 03 062, ~ 2, 12 16 03; Ord. No. 01 079, ~ 2, lD 19 {)4j S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 Planning\Final\Article II Definitions (graphics).doc April 3, 2007 89 NEW BUSINESS 7.A.l HEALING HEART VETERINARY (SPTE 07-005) SITE PLAN TIME EXTENSION TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-030 Chair and Members Planning and Development Board ... \ ':> -/ '. ~ ~I,.../ Michael Rumpf {;~.. Director of Planning and Zoning Kathleen Zeitler i(2/ Planner April 17, 2007 Healing Heart/White Elk LLC (SPTE 07-005) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION White Elk Enterprises, LLC Nancy Keller, Managing Member of White Elk Enterprises, LLC 226 SE 23rd Avenue (see Location Map - Exhibit "AfT) Office Commercial (OC) Office and Professional Commercial (C-1) No change proposed No change proposed Veterinary Clinic 8,541 square feet (0.19 acre) SE 23rd Avenue right-of-way, and farther north, medical offices zoned C-1; Single-family residence zoned R-1AA; Medical office zoned C-1; and, Medical office zoned C-1. Page 2 Healing HearUWhite Elk SPTE 07-005 BACKGROUND Ms. Nancy Keller of White Elk Enterprises, LLC is requesting a one (l)-year site plan time extension for the Major Site Plan Modification Development Order (MSPM 06-001) for the Healing Heart Veterinary Clinic, which was approved by the City Commission on March 21, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration date of this site plan would be extended to March 21, 2008. The subject property consists of a 0.19 acre developed lot zoned Office and Professional Commercial (C-1) located on the south side of SE 23rd Avenue (see Exhibit "A" - Location Map). According to the original site plan staff report, the proposed project was approved for a major site plan modification (MSPM 06-001) for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic, which is a permitted use in the C-1 zoning district (see Exhibit "B" - Approved Site Plan). ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, and prior to being amended on January 2,2007 (Ord. 06-097) extending the approval period to 18 months, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 9, 2007, approximately 12 days prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C" - Justification Statement), the applicant explains that she has encountered delays between the architect and builder in preparation of the construction drawings due to corrections and revisions. To date, the applicant has not submitted a building permit application. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On January 9, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2007. If a building permit for this project is not obtained by the end of 2007, a recommended condition of site plan time extension approval will require the applicant to obtain a revised traffic concurrency determination with an updated project build out date to coincide with the site plan time extension schedule. The site plan time extension is still subject to the original 24 conditions of the major site plan modification approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Healing Heart Veterinary Clinic major site plan modification development order (MSPM 06-001). If this request for extension were approved, the expiration of this site plan would be extended to March 21, 2008. All outstanding conditions of approval from the major site plan modification approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or required by the City Commission, shall be documented accordingly in the Conditions of Approval (see Exhibit "D" - Conditions of Approval). S:\Planning\SHARED\WP\PROJECTS\Healing Heart White Elk\SPTE 07-005\Staff Report.doc Exhibit "A" - 226 SE 23rd Avenue Location Map ~ SE25TH-AVE f- (f) f- (f) ..- w (f) . 210 105 I o 210 420 630 N 8~~eet w+" s ~~~.......,..,..,.,....,.--.......... EXHIBIT . .. S,E 1 ST STREET ( i~~ )" \ ~~~ \ ( Ria ) , r-'-j( ilig ) ! f ~ III :i &> ! E j~ e~1 ) &>, I ,,-,,J . 1 ~, 1 . ... - ........ . I'" 0> ::j m ;g . z 11{ rllffll u :~~gs $l (J) (ilii8 II LOT 7 ~~&> ! U~ .I ( ) :L . r- 71.. ~&> o ) ) is ) ~ Ill; ; ~ ') ) ) to \ -~ - - -"f'" r;'~....--....................~~-~ (~-"~,~v----',-v----"------"----')" ) i mllllmlll/II! = '~~ i II III II ! II. 114111! ) (~,'. 'jllllllnll!!l'l ~ )( f,',' ~!!i l:)l(.,! 1,1,1111 .'111. I "J 1l~61l!1. ~ J) Illl! i,I.IIIIII!11 ~ ;:: ., . I .~ . ( ~!~:f di~;iIM ) I, I~ ) ( 'j II I J ) ( ~~,tu Ii Ila'B~1; ) I, !,:) ( ~~,n, I j =) , ) ( h~:i jJil~m:n (,,", -', .l,)'( (( II ii~' I ' ~ II ',),) hh! "IB.a ~~I~ai I f '!'lll'illlllll ~.~.~ ( I I J ( "" f,_,,-,._,._,,_,_,,~,, ,_,' _,',_'_'_ _"'_~'" ~.,_.."- '--"'-- ~"-' ~"'-fc> v ~ ~~ ~ ;~~ ji, ..~ ~! ~. ~~ gi 0 5S ~Oft ~~ -I ....l ~ HEALING HEART WHITE ELK llC >. . . < ~~ VffiRINARY CLINIC ,', ., . ~ ~j ~ 2 22& SOUTHEAST 23'" AvtNUE ~o BOYNTON BfAQi. flORIDA ~ ~ III!/ ill I_ EXHIBIT C April 6, 2007 To Department of Development Planning and Zoning Division: I am writing this letter, asking for a one year extension oft 'site' plan approval on my : property: 226 S.E. 23m Ave. Boynton Beach, Fl. , PCN: 08-43-45-33-04-000-008 I am planning on renovating my property, 23rd ave., the delays encountered have been between the Architect (Merrill Romanik) and the Builder. My Impact fee was applied for and the check was written on August 18, 2006. The final revisions of the construction drawings were finally delivered to the Builder who at this time is going through them cautiously and carefully for the final approval. To date, all the changes and mistakes on the drawings have been corrected and revised according to the Archetect. My apologies for the delay. I am excited and quite anxious about this new adventure / renovation for my new clinic! Thank you, hopefully every thing is now in order. If you need to ask me any questions, please call me at: 561-5478277 Again Thank you. S2Z' ~c:J j!JL Nanc Keller /' 'Healing Heart' / 'White Elk Inc' 208 N.E. 3rd Street Boynton Beach, Fl. 33435 EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Healing Heart / White Elk File number: SPTE 07-005 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of Approval. Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT 2. If the building permit for the project is not issued by the end of 2007 (traffic concurrency build-out year), the applicant shall be required to submit a revised traffic concurrency approval from Palm Beach County (with an updated build-out year of 2008) prior to the issuance of the building permit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Healing Heart\SPTE\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Healing Heart/White Elk LLC APPLICANT'S AGENT: Nancy Keller, White Elk LLC APPLICANT'S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until March 21, 2008, for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic on a 0.106 acre parcel in a C-1 zoning district. LOCATION OF PROPERTY: 226 SE 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk, 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop,Order Form-2001-Revised ,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Healing Heart/White Elk LLC Nancy Keller, White Elk LLC APPLICANT'S AGENT: APPLICANT'S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until March 21, 2008, for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic on a 0.106 acre parcel in a C-1 zoning district. LOCATION OF PROPERTY: 226 SE 23rd Avenue DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J :\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop,Order Form-2001-Revised,doc