ARTICLE II. 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.

   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 corner or corners.

   ACCESS - The principal or secondary means of ingress and egress to a lot from a dedicated public or private right-of-way.

   ACCESS WATERWAYS - 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.

   ACCESSORY 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. See “Flood, Accessory Structure.”

   ACCESSORY GARDEN - See "Garden."

   ACCESSORY USE - See "Use, Accessory."

   ACRE - Land or water consisting of forty-three thousand, five hundred sixty (43,560) square feet.

   ACTIVE USES - Resident-only serving amenities such as lounges, gyms, common rooms, and recreational spaces. This also includes entrances to individual dwelling units that incorporate features such as porches, stoops, landings, or foundation plantings within the adjacent pedestrian zone active area.

   ADDITION - 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.

   ADEQUATE SCREENING - To conceal from public view, materials on private property, with a physical screen made of one (1) or more of the following: dense landscape material, metal, wood, or masonry.

   ADULT CONGREGATE LIVING FACILITY (ACLF) - See "Group Home."

   ADULT ENTERTAINMENT - An establishment that 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 hotels, or the like with nude, bottomless, or topless entertainment or employees.

   AFFECTED PARTIES - Includes persons owning property or persons owning or operating a business within the boundaries of the city 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.

   AFFORDABILITY TERM - The time a workforce housing unit is required to remain affordable to income qualified buyers or renters.

   AGRICULTURAL STRUCTURES - Structures, such as coldframes, greenhouses, hoophouses, or shadehouses that are used to grow plants and commonly associated with accessory gardens and "community gardens". For clarification, agricultural structures are not considered sheds and storage structures and are regulated differently. See Chapter 3, Article V, Section 3.Y. for the provisions regarding agricultural structures.

   AGRICULTURE - See "Garden."

   AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway.

   ALCOHOLIC BEVERAGE ESTABLISHMENT - Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the state for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the city in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed or offered for sale or consumption on the premises.

   ALLEY - A right-of-way providing a secondary means of access and service to abutting property. It is not intended or used for general traffic circulation.

   ALTERATION

      1.   BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure.

      2.   ENVIRONMENTALLY SENSITIVE LANDS - 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.

      3.   HISTORIC PRESERVATION - See "Historic Preservation, Alteration."

   AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player-operated amusement machines, in any combination. This definition specifically incorporates those machines described in F.S. § 849.161. See "Entertainment, Indoor."

   ANCILLARY BUILDING OR STRUCTURE - See "Accessory Building or Structure."

   ANCILLARY USE - See "Use, Accessory."

   AND/OR - "And" may be read "or" and "or" may be read "and" if the sense requires it.

   ANTENNA - See "Wireless Communication Facility (WCF), Antenna."

   ANTENNA ARRAY - See "Wireless Communication Facility (WCF), Antenna Array."

   ANTENNA ELEMENT - See "Wireless Communication Facility (WCF), Antenna Element."

   ANTENNA SUPPORT STRUCTURE - See "Wireless Communication Facility (WCF), Antenna Support Structure."

   ANTIQUE STORE or AUCTION HOUSE - See "Merchandise, Used."

   APARTMENT - See "Dwelling, Multi-family."

   APARTMENT, EFFICIENCY - A type of dwelling unit containing no more than one (1) habitable room to be used for living, cooking, eating, and sleeping. Each efficiency apartment must have a bathroom.

   APPLICANT - Generally, 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 and 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 (1) or more dwelling units within a development of three (3) or more units. Applicant is synonymous with owner.

   ARCADE, AMUSEMENT - See "Entertainment, Indoor."

   ARCADE, PEDESTRIAN - A passage or walkway covered over by a succession of arches or vaults connecting two (2) buildings or supported by stand-alone columns on one (1) 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.

   ART STUDIO - Work space for one (1) or more artists or artisans, including the accessory sale of art produced on the premises and related art instruction. This use excludes tattooing and body art.

   ART, ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the 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 projections, 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: reproductions or unlimited copies of original artwork; art objects, which are mass-produced; and 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 primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters), camping equipment, boats, trailers and recreational vehicles; or 6) toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED AUTO DEALER. This use excludes any merchandise that would be classified as adult entertainment.

   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 CAMPUS - Various principal and accessory components of the art creation process, including art production, education, residences for the artists and/or students, and display space, concentrated within two (2) or more buildings within a single geographic area.

   ARTS COMMISSION - The advisory board established by the City Commission pursuant to Ordinance 01-64.

   ASSISTED LIVING FACILITY (ALF) - See "Group Home."

   AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger and cargo vans and sport utility vehicles. Typical broker activities include but are not limited to the following: researching and locating a desired vehicle or buyer; price negotiations; processing the transaction, including securing the necessary financing; and arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site vehicle inventories. If a vehicle is temporarily stored on-site during the transaction, the vehicle must be stored indoors.

   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. Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process.

   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 OR USED - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new or used automobiles, mopeds, scooters, and motorcycles (with engines in excess of one hundred fifty (150) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Although it is common for dealers operations to rely upon the exterior display of vehicles and on-site transactions, given limited land availability, redevelopment and economic development initiatives, including concerns for visual impacts along main roadway corridors, the City’s regulations limit the size and types of auto sales businesses, by restricting them to the indoor storage and display of vehicles, while accommodating those businesses that can operate using electronic sales resources and that are not dependent upon on-site visitation and sales.

   AUTOMOBILE - An automobile, motorcycle, or the like as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.

   AUTOMOBILE RENTAL - An establishment primarily engaged in renting new automobiles, which includes light trucks, sport utility vehicles, motorcycles, and passenger vans. This term excludes those establishments engaged in 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 - An establishment primarily engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, battery replacement, carburetor repairs, tire mounting and balancing, and the replacement and/or repair of external parts of engines.

   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.

   AUTOMOTIVE WINDOW TINTING/STEREO INSTALLATION/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 in use.

   BAKERY, COMMERCIAL - See “Kitchen, Commercial.”

   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 - See "Sign, Banner."

   BANQUET HALL - An establishment available to host private social and business events. The hall may or may not include a kitchen to prepare food for events held at the establishment. Private functions can include, but are not limited to, banquets, weddings, anniversaries, and other similar celebrations.

   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, discothèques, night clubs, piano bars, pubs, and saloons. Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process.

   BASE FLOOD - See "Flood, Base Flood."

   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.

   BENCHMARK - A relatively permanent material object, 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.

   BEVERAGE MFG - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of non-alcoholic beverage products.

   BICYCLE 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.

   BICYCLE RACK - A stationary stand which supports a minimum of five (5) bicycles by its frame and to which a user can lock the bicycle and one (1) wheel simultaneously with a security U-shaped lock.

   BILLBOARD - See "Sign, Billboard."

   BLOCK - Includes Tier or Group 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.

   BOARD - Board means any board appointed by the city, such as the Planning and Development Board. Also, see "Historic Preservation, Board."

   BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or used boats, retailing new boats and selling replacement parts and accessories, renting boats, or 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, or customized.

   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.

   BOYNTON BEACH REGISTER OF HISTORIC PLACES - See "Historic Preservation."

   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 (5%) 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.

   BREWERY - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is open to the public.

   BREWPUB - A restaurant (as defined by this section) that manufactures a maximum of 1,500 barrels of beer per year which is consumed on-site. This use does not include any distribution of beer.

   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 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 property from a non-residential property 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.

   BUILD-TO LINE - A line delineating the maximum allowable distance that a building may be constructed from a property line. In instances where a build-to line is required, the space between the building and property line is typically referred to as the "reduced building setback" area. No building may be constructed outside the reduced building setback area when the zoning code stipulates multiple build-to lines.

   BUILDABLE AREA - That portion of a site exclusive of the required yard areas on which a structure or building improvements may be erected.

   BUILDING - All construction built for support, enclosure, shelter or protection. Also see "Historic Preservation, Building(s)."

   BUILDING FAÇADE - 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.

   BUILDING FRONTAGE - 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.

   BUILDING SETBACK LINE - A line delineating the minimum required distance between each property line and the building.

   BUILDING SITE - A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

   BUILDING/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, whichever is highest, to the highest point of the 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 of the 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 the Land Development Regulations. Walls or retaining walls shall also be measured from the lowest adjacent property line to the top of the structure excluding column caps, column capitals and other similar architectural items.

   BUILDING, PRINCIPAL - A building wherein the main or principal use of the lot is conducted.

   BUSINESS OR PROFESSIONAL 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 RECEIPT - A tax levied for the privilege to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with the city's 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 six (6) inches from the ground, unless trunk diameter measured six (6) inches from the ground is greater than four (4) inches, in which case the measurement is taken at twelve (12) inches from the ground.

   CALL CENTER - An establishment primarily engaged in providing customer service, support, or information in a centralized office environment, and whose typical activities include receiving (inbound) or transmitting (outbound) telephone calls, facsimiles, or internet communications (e.g., live chat, instant messaging, email).

   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.

   CAPITAL IMPROVEMENTS ELEMENT (CIE) - The capital improvements element of the Comprehensive Plan of the city.

   CAR - See "Automobile."

   CAR RENTAL - See "Automobile Rental."

   CAR WASH - See "Auto/Car Wash."

   CARPET AND UPHOLSTERY CLEANING - An establishment primarily engaged in cleaning and/or dyeing used rugs, carpets, and upholstery.

   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.

   CATERER - See “Kitchen, Commercial.”

   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 may or may not be the line midway between the existing or proposed right-of-way lines.

   CERTIFICATE OF APPROPRIATENESS - See "Historic Preservation."

   CERTIFICATE OF CONFORMANCE - Certification issued by the Development Director or designee that a parcel, building, and/or site improvements made nonconforming 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 ECONOMIC HARDSHIP - See "Historic Preservation."

   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.

   CERTIFICATION OF CONCURRENCY - 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 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. 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.

   CERTIFIED LOCAL GOVERNMENT (CLG) - See "Historic Preservation."

   CHANGEABLE COPY SIGN - 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.

   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 or CHIKI HUT - (a.k.a. Tiki Hut) - A type of "open-air structure" that is specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials, constructed by the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical, plumbing, or other non-wood features into its construction. This type of structure is specifically defined pursuant to the review and approval consistent with Florida Law.

   CHILD - An unmarried person under the age of eighteen (18) years.

   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.

   CITY 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 of the City of Boynton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer for the purposes of implementing the city's platting requirements.

   CITY INSPECTOR - The person(s) designated by a city administrator to inspect improvements, a business, or property for compliance with the city's regulations.

   CITY STANDARDS - Standards adopted by the City of Boynton Beach.

   CITY STREET SYSTEM - The city street system consisting of all local roads and all collector roads inside the City of Boynton Beach which are not in the State of Florida or Palm Beach 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 F.S. § 177.081(1), as amended from time to time.

   CIVIC & FRATERNAL CLUB/ORGANIZATION - A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. This use and/or establishment is primarily comprised of the office function of the organization supporting administrative and business affairs, document storage and maintenance, and meeting facilities for members and guests.

   CLEANING SUPPLY STORE (SWIMMING POOLS, JANITORIAL) - An establishment primarily engaged in the retail sales of supplies, materials, chemicals, and other specialized lines of merchandise for the cleaning of swimming pools and other household items (interior and exterior) and janitorial businesses.

   CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new clothing and clothing accessories merchandise from fixed point-of-sale locations.

   COASTAL CONSTRUCTION CONTROL LINE - See "Flood, Coastal Construction Control Line."

   COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model.

   COMMERCIAL ZONING DISTRICT - Whenever the words "commercial district" or "commercial zoning district" are used, they are construed to include any or all of the following zoning districts: C-1 office and professional commercial; C-2 neighborhood commercial; C-3 community commercial; C-4 general commercial; CBD central business district; and PCD planned commercial development.

   CODE 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.

   COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities with coin-operated or similar self-service laundry/dry cleaning equipment for customer use on the premises, contingent upon the floor area of such use is entirely enclosed.

   COLLECTOR STREET - See "Street, Collector."

   COLLEGE, SEMINARY, UNIVERSITY - 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.

   COLOCATION - 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.

   COMMERCIAL FRONTAGE - The portion of the ground floor of a building which contains commercial uses fronting specific rights-of-way.

   COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles.

   COMMERCIAL USES - Uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices.

   COMMERCIAL ZONING DISTRICT - All C-1, C-2, C-3, C-4, CBD, and PCD zoning districts. Whenever the words "commercial district" or "commercial zoning district" are used, they are construed to include any or all of the following zoning districts: C-1 office and professional commercial; C-2 neighborhood commercial; C-3 community commercial; C-4 general commercial; CBD central business district; and PCD planned commercial development.

   COMMUNITY GARDEN - See "Garden."

   COMMUNITY SUPPORTED AGRICULTURE (CSA) - A form of food production and distribution where a group of individuals pledge to support and provide capital to a farm thereby sharing the risks and benefits of food production. Typically, members or "share-holders" (e.g., individuals, businesses, restaurants) of the CSA pledge in advance to cover the anticipated costs of the farm operation and in return, receive shares in the farm's yield throughout the growing season. See "Garden."

   COMPACT DEVELOPMENT - A development or development pattern consisting of a varied mix of land uses, including but not limited to residential, commercial, office, and public/civic spaces. The central characteristic of compact development is discouraging urban sprawl and reducing the number of vehicular miles traveled by accommodating living, employment, shopping, entertainment, recreation, and outdoor gathering areas, all of which are located within walking distance of each other. Typical design elements include minimal building setbacks, wide pedestrian areas and public spaces, a grid pattern street network with short and interconnected block and alley lengths, and innovative/flexible approaches to off-street parking requirements. Emphasis is placed on the proximity and access of a subject development to public transit and alternate modes of transportation, with priority given to creating safe and pleasant pedestrian/bicycle circulation patterns and linkages.

   COMPLETELY 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.

   COMPOSTING - A controlled biological reduction of organic wastes to humus.

   COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by the Florida Statutes.

   COMPUTATION OF 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 COMMUNICATION FACILITY - See "Wireless Communication Facility."

   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 - 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 Statutes 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. This establishment is limited to the office and administrative function of a contractor. This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically used in providing services by the contractor, and not commonly used for general transportation purposes on a day-to-day basis by employees. Such storage and operation is allowed at a contractor’s workshop (See “Contractor's Workshop”).

   CONTRACTOR'S WORKSHOP - The functions of a contractor establishment, including the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage. This may also include the administrative function of a contractor.

   CONTRIBUTING PROPERTY - See "Historic Preservation."

   CONVALESCENT HOME - See "Group Home."

   CONVENIENCE STORE - 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.

   CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. Whenever the words “conventional district” or “conventional zoning district” are used, they are construed to exclude any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU-L1 mixed use-low intensity 1; MU-L2 mixed use-low intensity 2; MU-L3 mixed use-low intensity 3; MU-4 mixed use; MU-H mixed use-high intensity; and PID planned industrial development.

   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.

   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, therapy, 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 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 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.

   CREMATORIUM - An establishment containing properly installed, certified apparatus used in the act of cremation.

   CROSSWALK - Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

   CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way abutting the property or otherwise approved by the City Engineer.

   CUL-DE-SAC - See "Street, Cul-de-sac."

   DAIRY PRODUCTS MFG - See “Food Processing/Manufacturing.”

   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 conjunction 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.

   DAY SPA - Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few 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, Cul-de-sac."

   DEED RESTRICTION - All for sale workforce housing units created under the Workforce Housing Program shall be deed restricted for fifteen (15) years, recurring. All rental workforce units created under the program shall be deed restricted for fifteen (15) years, non-recurring. 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, destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Also see "Historic Preservation, Demolition."

   DENSITY - The number of residential dwelling units permitted on a particular lot or within a project determined by dividing the applicable zoning district minimum lot size for one (1) 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.).

   DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications.

   DESIGN GUIDELINES HANDBOOK - See "Historic Preservation."

   DEVELOPER - The owners of record executing the dedication required by F.S. § 177.081, and applying for approval of a plat of a subdivision pursuant to this chapter.

   DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, 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 projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit. See “Flood, Development.”

   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.

   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 F.S. § 163.3220, or an agreement on a development order issued pursuant to F.S. §§ 380.01 et seq.

   DEVELOPMENT AREA - Under the provisions of the wireless communication facilities (WCF) section of these Regulations, it is the area occupied by a WCF 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.

   DEVELOPMENT PERMIT - Any permit authorizing required improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting commencement of development as defined in F.S. § 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.

   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.

   DISTILLERY - See “Brewery.”

   DISTRIBUTOR - Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the city.

   DISTRICT, PLANNED ZONING - See "Planned Zoning District."

   DISTRICT, COMMERCIAL ZONING - See "Commercial Zoning District."

   DISTRICT, HISTORIC - See "Historic Preservation."

   DISTRICT, INDUSTRIAL ZONING - See "Industrial Zoning District."

   DISTRICT, MISCELLANEOUS ZONING - See "Miscellaneous Zoning District."

   DISTRICT, MIXED USE ZONING - See "Mixed Use Zoning District."

   DISTRICT, RESIDENTIAL ZONING - See "Residential Zoning District."

   DISTRICT, ZONING - See "Zoning District."

   DOCTOR'S OFFICE - See "Medical or Dental Office."

   DRIP LINE - A vertical line running through the outermost part of the crown of a tree and extending to the ground.

   DRIVEWAY, MINOR - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. A minor driveway is one that serves an average daily traffic (ADT) volume of not more than five hundred (500) vehicles (trips) per day. Location and driveway width is set forth in the Engineering Design Handbook and Construction Standards.

   DRIVEWAY, INTERMEDIATE - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. An intermediate driveway is one that serves an average daily traffic (ADT) volume greater than five hundred (500) vehicles (trips) per day, but not more that two thousand (2,000) vehicles (trips) per day. Location and driveway width is set forth in the Engineering Design Handbook and Construction Standards.

   DRIVEWAY, MAJOR - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. A major driveway is one that serves an average daily traffic (ADT) volume in excess of two thousand (2,000) vehicles (trips) per day. Location and driveway width is set forth in the Engineering Design Handbook and Construction Standards.

   DRUG STORE - See "Pharmacy & Drug Store."

   DRY CLEANER - An establishment that dry cleans or launders articles of clothing and garments that are deposited on the premises directly by the customer. The cleaning and/or laundering of articles of clothing/ garments may occur either on or off the premises. The business is small-scale and not intended to perform as a dry cleaning plant.

   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/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/or industrial clientele.

   DUPLEX - See "Dwelling, Two-family (Duplex)."

   DWELLING - A building or portion thereof used exclusively for residential occupancy or habitation, but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and the like.

   DWELLING, MULTI-FAMILY - A building, typically referred to as an apartment or condominium, containing three (3) or more dwelling units, all of which share a common vestibule. Resident support services intended to meet the basic physical, emotional, and social needs of the residents such as custodial care or support with activities of daily living (ADL) are prohibited. Licensing or certifications from the Florida Department of Health are not required.

   DWELLING, SINGLE-FAMILY (DETACHED) - A detached building or modular structure containing one (1) dwelling unit entirely surrounded by open space and not attached to another dwelling unit's foundation or roof or joined at one (1) or more sides by a tenant separation (party) wall or walls.

   DWELLING, TWO-FAMILY (DUPLEX) - A detached building containing two (2) dwelling units, both of which share a common tenant separation (party) wall, and each unit has direct access to the outside.

   DWELLING UNIT (DU) - A residential unit comprised of one (1) or more habitable rooms connected together, providing complete, independent, living facilities for a single family, and which includes permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of determining impact fees, the term "residential unit" shall be considered an apartment, condominium, single-family detached house, mobile home, single-family attached house, or multi-family housing established for human habitation.

   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, subject to the right of use designated in the reservation of the servitude.

   EASEMENT, LIMITED ACCESS - A strip of land which does not permit access except at authorized and controlled points.

   ECONOMIC HARDSHIP - See "Historic District."

   ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows.

   EGRESS - An exit.

   EFFECT - See "Historic District."

   EFFICIENCY - See "Apartment, Efficiency."

   ELECTRIC VEHICLE (EV) - Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose.

   ELECTRIC VEHICLE (EV) CHARGING LEVELS - Three levels of battery charging are generally as follows:

      LEVEL 1 - Considered slow charging. It requires a 15 or 20 amp breaker on a 120-volt Alternating Current (AC) circuit and standard outlet. This level of charging can fully recharge a Battery Electric Vehicle (BEV) between eight (8) and thirty-two (32) hours;

      LEVEL 2 - Considered medium charging. It requires a 40 amp to 100 amp breaker on a 240-volt circuit. This level of charging can fully recharge a BEV between 4 and 6 hours; and

      LEVEL 3 - Considered fast or rapid charging (a.k.a. "DC fast charge"). It requires a 60 amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Charging time ranges from 25 minutes to 40 minutes.

   ELECTRIC VEHICLE (EV) CHARGING STATION - A public or private parking space located together with a battery charging station that permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

      PUBLIC - A publicly accessible EV charging station is either 1) publicly owned or publicly available (e.g., public library or City Hall lot) or 2) privately owned and publicly available (e.g., shopping center, non-reserved parking in multi-family developments, etc.).

      PRIVATE - An EV charging station that is either 1) privately owned and has restricted access (e.g., single- family home, multi-family parking) or 2) publicly owned and has restricted access to the general public (e.g., fleet vehicle parking for police).

   ELECTRICAL EQUIPMENT, APPLIANCE & COMPONENT ASSEMBLY - An establishment that assembles products, finished parts, and materials which generate, distribute and use electrical power.

   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).

   ELIGIBLE OCCUPANT - Relative to the Workforce Housing Program contained in these Regulations, it is a person who meets income requirements of the program. Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit.

   ENDANGERED, THREATENED, AND RARE SPECIES OF SPECIAL CONCERN - Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: U.S. Fish and Wildlife Service; Florida Game and Fresh Water Fish Commission; Florida Committee on Rare and Endangered Plants and Animals; Florida Department of Agriculture; and Treasure Coast Regional Planning Council.

   ENGINEER - A person registered as a professional engineer in the State of Florida, in accordance with F.S. Chapter 471, who is in good standing with the Florida Board of Professional Engineers.

   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.

   ENTERTAINMENT, INDOOR - An establishment primarily engaged in operating amusement arcades/parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, playground and play centers, and the like. Arcades include any electric or electronic machines (i.e. pinball, video games) which provide amusement, enjoyment, or entertainment, and must comply with F.S. Chapter 849. See "Amusement Arcade."

   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.

   ENVIRONMENTALLY SENSITIVE 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.

   ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This includes, but is not necessarily limited to, infrastructure and facilities intended to support a limited service area of the city, such as lift stations, district energy plants, and power substations. This use excludes wireless communication facilities (WCF), as defined in the Land Development Regulations, Chapter 3, Article V, Section 13.

   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 Determination."

   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 of merchandise, as an accessory use 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.

   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.

   FAA - The Federal Aviation Administration.

   FAMILY - One (1) or more persons occupying a single dwelling unit and using common cooking facilities. 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.

   FAMILY 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.

   FARM - See "Garden."

   FARM STAND - A temporary sales table or kiosk that is used for the retail sales of fruits, vegetables, nuts, or herbs in connection with a community garden.

   FCC - The Federal Communications Commission.

   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

   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.

   FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the past three (3) years.

   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.

   FLOOD (FLOODING) - 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. For purposes of Chapter 4, Article X, Flood Prevention Requirements:

      1.   ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used only for parking and storage that is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. Note this only applies to Chapter 4, Article X.

      2.   ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

      3.   ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

      4.   BASE FLOOD - A flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "one hundred (100) year flood" or the "one percent (1%) annual chance flood."

      5.   BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

      6.   BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides.

      7.   BREAKAWAY WALL - 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 system.

      8.   COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a one hundred (100)-year storm surge, storm waves or other predictable weather conditions.

      9.   COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30. VE, or V.

      10.   DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding in any year; or 2) area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

      11.   DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet.

      12.   DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Note this only applies to Chapter 4, Article X.

      13.   ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

      14.   EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which the "start of construction" commenced before January 3, 1979.

      15.   FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

      16.   FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area within a floodplain subject to a one percent (1%) or greater chance of flooding in any year; and/or 2) the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

      17.   FLOOD INSURANCE RATE MAP (FIRM) - 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.

      18.   FLOOD INSURANCE STUDY - 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.

      19.   FLOODPLAIN ADMINISTRATOR - The office or position designated and charged with the administration and enforcement of this chapter (may be referred to as the Floodplain Manager).

      20.   FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities.

      21.   HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

      22.   HISTORIC STRUCTURE - Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

      23.   LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

         a.   LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

         b.   LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

         c.   LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

         d.   CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

      24.   LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

      25.   MARKET VALUE - As used in Chapter 4, Article X, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value (in kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

      26.   NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article X, and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after January 3, 1979 and includes any subsequent improvements to such structures.

      27.   SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

      28.   SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1, A30, AE, A99, AH, V1, V30, VE or V.

      29.   SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred.

      30.   SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, or 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 of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

      31.   WATERCOURSE - For the purposes of Chapter 4 Article X, a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

   FLOOR AREA RATIO (FAR) - A mathematical expression determined by dividing the gross floor area (GFA) of a building by the area of the lot on which it is located. Gross floor area/lot area = FAR.

   FLORIDA BUILDING CODE (FBC) - The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code. Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

   FLORIDA MASTER SITE FILE - See "Historic Preservation."

   FLORIDA-FRIENDLY LANDSCAPING - The principles of Florida-Friendly Landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscape include planning and design, soil analysis, the use of solid waste compost, practical use of turf, and proper maintenance. The following definitions shall also apply:

      1.   AQUASCAPE - The planting of aquatic and wetland plants in the enhancement, restoration, or creation of freshwater, estuarine, or marine systems.

      2.   AUTOMATIC CONTROLLER - An electronic device, capable of automated operation of valve stations to set the time, duration and frequency of a water application based upon soil moisture probes.

      3.   BEST MANAGEMENT PRACTICES - Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. See “Biointensive Integrated Pest Management.”

      4.   COMMERCIAL FERTILIZER APPLICATOR - Any person who applies fertilizer on turf and/or landscape plants in the city in exchange for money, goods, services or other valuable consideration.

      5.   CONSTANT PRESSURE/FLOW CONTROL - A device that maintains a constant flow, pressure, or both.

      6.   EMITTER - This term primarily refers to devices used in microirrigation systems.

      7.   FERTILIZE, FERTILIZING, OR FERTILIZATION - The act of applying fertilizer or fertilizer product to turf, specialized turf, or landscape plant.

      8.   FERTILIZER - Any substance or mixture of substances, except pesticide/fertilizer mixtures such as “weed and feed” products, that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment or provides other corrective measures to the soil.

      9.   FILTER - A device in irrigation distribution systems that separates sediment or other foreign matter.

      10.   GROUND COVER - Low growing plants, other than turf grass, used to cover the soil and form a continuous, low mass of foliage.

      11.   GUARANTEED ANALYSIS - The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

      12.   HARDSCAPE - Impervious areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation.

      13.   HIGH WATER USE PLANTS - Plants that require irrigation to provide supplemental water on a regular basis throughout the year, or are so identified by a regulatory agency having jurisdiction. When placed in a naturally high water table area appropriate to the plant such that irrigation is not required, such plants shall not be considered high water use for the purposes of the Florida-Friendly standards.

      14.   HYDROZONE - A distinct grouping of plants with similar water needs and climatic requirements.

      15.   INFILTRATION RATE - The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

      16.   INTEGRATED PEST MANAGEMENT (IPM) - An effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use current comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage by the most economical means, and with the least possible hazard to people, property, and the environment.

      17.   IRRIGATED LANDSCAPE AREA - All outdoor areas that require a permanent irrigation system.

      18.   IRRIGATION SYSTEM - A constructed watering system designed to transport and distribute water to plants.

      19.   IRRIGATION ZONE - A grouping of sprinkler heads or microirrigation emitters operated simultaneously by the control of one (1) valve.

      20.   LANDSCAPED AREA - The entire parcel: less the building footprint, driveways, hardscape and other impervious areas, such as decks, patios, and non-porous areas. Water features are included in the calculation of the landscaped area.

      21.   LOW-FLOW POINT APPLICATORS - Irrigation applicators with output less than sixty (60) gallons per hour (gph).

      22.   LOW MAINTENANCE ZONE - An area with a minimum of six (6) feet in width, adjacent to water courses, which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

      23.   LOW WATER USE PLANTS - Permanent plants that do not need supplemental water beyond natural rainfall, or are so identified by a regulatory agency having jurisdiction not needing irrigation to survive.

      24.   MICROCLIMATE - The climate of a specific area in the landscape that has substantially differing sun exposure, temperature, or wind than surrounding areas or the area as a whole, resulting in different needs and requirements.

      25.   MICROIRRIGATION (LOW VOLUME) - The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously referred to as trickle irrigation, low volume, or low flow irrigation.

      26.   MODERATE WATER USE PLANTS - Plants that need supplemental water during seasonal dry periods.

      27.   MOISTURE SENSING DEVICE OR SOIL MOISTURE SENSOR - A device to indicate soil moisture in the root zone for the purpose of controlling an irrigation system based on the actual needs of the plant.

      28.   MULCH - Non-living, organic, or synthetic materials customarily used in landscape design to retard erosion and retain moisture.

      29.   NATIVE VEGETATION - Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in: Wunderlin, R. P. 1998. Guide to the Vascular Plants of Florida. University Press of Florida, Gainesville.

      30.   NON-COMMERCIAL APPLICATOR - Any person that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Non-commercial applicators shall include but not be limited to owners and managers of public lands, schools, parks, religious institutions, utilities, and any residential properties maintained in condominium and/or common ownership.

      31.   PASTURE - Land used for livestock grazing that is managed to provide feed value.

      32.   PLANT BED - A grouping of trees, shrubs, ground covers, perennials or annuals growing together in a defined area devoid of turfgrass, normally using mulch around the plants.

      33.   PLANT COMMUNITIES - An association of plants that are dominated by one (1) or more prominent species, or a characteristic physical attribute.

      34.   POINT OF CONNECTION (POC) - The location where an irrigation system is connected to a water supply.

      35.   POP-UP SPRAYS - Spray heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.

      36.   PRESSURE TANK - A pressurized holding tank for irrigation water.

      37.   PROHIBITED APPLICATION PERIOD - The time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of the City of Boynton Beach issued by the National Weather Service, or if heavy rain is likely.

      38.   PUMP CYCLING - Irrigation pump coming on and shutting off frequently during operation of irrigation systems.

      39.   RAIN SENSOR DEVICE - A low voltage electrical or mechanical component placed in the circuitry of an automatic irrigation system that is designed to turn oft a sprinkler controller when precipitation has reached a pre-set quantity. Required by law (F.S. § 373.62) on all automatic irrigation systems since 1991.

      40.   SITE APPROPRIATE PLANT - A plant that after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial supplements such as irrigation.

      41.   “SLOW RELEASE,” “CONTROLLED RELEASE,” “TIMED RELEASE,” “SLOWLY AVAILABLE” or “WATER INSOLUBLE NITROGEN” - Nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

      42.   SOD OR LAWN - A piece of turf-covered soil held together by the roots of the turf.

      43.   SOIL MOISTURE SENSOR - See “Moisture Sensing Device.”

      44.   SOIL TEXTURE - The classification of soil based on the percentage of sand, silt, and clay in the soil.

      45.   TURF (TURFGRASS) - A mat layer of monocotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Paspalum, St. Augustine, and Zoysia.

      46.   VALVE - A device used to control the flow of water in the irrigation system.

      47.   WATER USE ZONE - See “Hydrozone.”

   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, confections, and spices. This industrial use may include a subordinate commercial component (i.e., tasting room, retail and facility tours) that is open to the public.

   FOOD PROCESSING/MANUFACTURING - An establishment primarily engaged in processing, manufacturing, and packaging food for consumption off-site.

   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, PALM READER, OR PSYCHIC - An establishment that primarily offers opinions or interpretations of a person's personal character; foretelling of the future; or advice based upon astrology, numerology, card, or tea reading, clairvoyance, crystal gazing, palmistry, phrenology, and the like.

   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 Florida Statutes, and which conforms to the definition of "family."

   FRONTAGE STREET - See "Street, Marginal Access."

   FROZEN FOOD - See “Food Processing/Manufacturing.”

   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.

   FUNERAL HOME - An establishment engaged in preparing the dead (including pets) 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.

   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.

   GARBAGE - Animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

   GARDEN - A planned outdoor space on a lot that is set aside for the cultivation and harvest of fruits, vegetables, nuts, or herbs for human consumption, limited to those foods requiring only a superficial washing prior to consumption. A garden is categorized as follows:

      1.   ACCESSORY GARDEN - A garden used in connection with, subordinate to, and on the same lot as a lawful principal use, such as a "dwelling" (e.g., single-family, duplex) or "restaurant" establishment.

      2.   COMMUNITY GARDEN - A principal use, which may include community supported agriculture (CSA), consisting of an area managed and maintained by an individual, group, or business establishment, with the intent to grow and harvest food. Accessory retail sales may be allowed on-site where located in commercial and mixed use districts, and if in conjunction with a temporary activity approved through the city's special events approval process.

   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 repair" as an accessory use.

   GAZEBO - See "Open-air Structure."

   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.

   GHOST KITCHEN - See “Restaurant, Take-out.”

   GLASS AND MIRROR - An establishment primarily engaged in the cutting and beveling of flat glass and mirror. The establishment may also sell, install, or repair windows, screens, acrylics, and other types of glass products.

   GLASS PRODUCTS - An establishment primarily engaged in processing (i.e. coating, laminating, tempering, shaping) purchased glass and/or glass products.

   GOVERNING BODY - Means the City Commission of the City of Boynton Beach.

   GOVERNMENT - A principal or accessory use that provides both essential and non-essential services/infrastructure to promote the health, safety, and general welfare of the public. For clarification, this use does not include wireless communication facilities, "Schools," or "Social Service Agencies." The five (5) categories of governmental uses are as follows:

      1.   MUNICIPAL OFFICE/EMERGENCY/CIVIC FACILITIES - A municipal use such as an administrative office, public safety station or substation, civic center, library, recreational centers, and other similar uses that are typically accessed by the public, including public parking facilities.

      2.   MUNICIPAL UTILITY/SUPPORT FACILITIES - A municipal use such as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, and maintenance/storage facility that provides an essential utility or support service without direct access to the facility by the public.

      3.   NON-MUNICIPAL OFFICE FACILITIES - A non-municipal governmental or quasi-public use, excluding a "Post Office," which typically functions in a regulatory capacity and directly serves the public, such as administrative offices (e.g.. employment, health, public assistance, etc.), motor vehicle registration and licensing services, and judicial buildings.

      4.   NON-MUNICIPAL UTILITY/SUPPORT FACILITIES - A non-municipal governmental or quasi-public use that provides essential utility and support services and infrastructure to the public such as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, maintenance/storage facility, or bus/train station.

      5.   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.

   GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure.

   GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one (1) 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 I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to time.

   GREENWAY - A protected corridor of open space that is managed for conservation, recreation, transportation, or a combination thereof; and which may serve to protect natural habitats while providing a connection or linkage to important nodes, such as neighborhoods, parks, and other places of interest.

   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 of a building or a use occupying part of a 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.

   GROUNDWATER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels.

   GROUP HOME - A facility that provides lodging for individuals in dwelling units or sleeping rooms which, with the possible exceptions of a Type 3 Group Homes, operate primarily on a referral basis from state, county, or local social service agencies and/or self-help programs. All group homes, unless specifically exempt by Florida Statutes, are licensed by the State of Florida, except that drug and alcohol treatment homes (a/k/a recovery residence) shall be certified by the Florida Association of Recovery Residences (FARR) or, if not certified by FARR, may apply for consideration through the City’s Reasonable Accommodation process, as set forth in Part III, Chapter 2, Article II, Section 4 of the City’s Code of Ordinances. The different types of group homes are distinguished by size and/or the extent of support services provided. Group Homes offer lodging and meals along with either limited or comprehensive resident support services that meet the basic physical, emotional, and social needs of the residents. Such limited services may include counseling, basic medical care, support with activities of daily living (ADL), and transportation to off-site service providers. Services at a Type 1 or Type 2 Group Home are typically provided by a single individual including, but not limited to, a caretaker/overseer, counselor, house manager, nurse, or therapist. Such homes operate as the equivalent of a family unit sharing kitchen and living amenities of the home, through daily interactions or coordinating responsibilities, and exist compatibly within the surrounding neighborhood. The term “group home” includes but is not limited to adult congregate living facilities (ACLF), assisted living facilities (ALF), group care homes, community residential homes, and recovery homes. The following additional descriptions further define the three different types of group homes:

      1.   TYPE 1 - A group home of not more than two (2) residents per bedroom, up to a maximum of ten (10), including a caretaker or overseer, which provides limited support services on-site. The services are typically delivered by a single individual including but not limited to a caretaker/overseer, counselor, house manager, nurse or therapist. Such services may include, for example, counseling, basic medical care, assistance with activities of daily living (ADL), and transportation to off-site service providers. Such homes operate as the equivalent of a family unit, with shared kitchen and living amenities of the home, and existed comparability within the surrounding neighborhood.

      2.   TYPE 2 - A group home or facility with no more than fourteen (14) residents. A Type 2 Group Home provides limited support services on-site, generally provided by a single individual including but not limited to a caretaker/overseer, counselor, house manager, nurse or therapist. Such limited services may include for example, counseling, basic-medical care, assistance with activities of daily living (ADL), and transportation to off-site service providers. Such homes operate as the equivalent of a family unit, sharing kitchen and living amenities of the home, daily interaction and coordination, and existing compatibility within the surrounding neighborhood. This category of group home includes a Community Residential Home as defined and licensed by the State of Florida.

      3.   TYPE 3 - A group home without a limit on the number of residents, and that principally provides long-term lodging for unrelated persons in individual sleeping rooms or dwelling units with private or shared kitchen and bathing facilities along with other common amenities to meet the medical, social, and recreational needs of the residents. These facilities are licensed by the Florida Department of Health. This category of group homes provides lodging accommodations and comprehensive, on-site personal services represents a larger, more self-sufficient facility than a Type 1, or Type 2 Group Home. However, such facilities would not include 24-hour, on-site, skilled nursing services, except as allowed in a combination facility as described below. To support the principle of continuum of care, this type accommodates a range of facilities from independent to assisted living facilities, or the combination of such facilities with a nursing home and/or memory care facility as long as the nursing home or memory care represents 40% or less of the total bed count of the facility. The term “group home” includes but is not limited to assisted living facilities (ALF), and excludes facilities that provide short-term accommodations in conjunction with a specific medical or mental service (see the use category Medical Care or Testing (In-patient)). See the Zoning Matrix and Notes for additional provisions and standards.

   GUYED TOWER - See "Wireless Communication Facility (WCF), Antenna Support Structure."

   GYM, FITNESS & HEALTH CLUB - An establishment primarily engaged in operating fitness and recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, handball, racquet sports, and the like.

   HALFWAY HOUSE - See "Group Home, Type 4."

   HANDOFF CANDIDATE - A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent 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.

   HEALTH CLUB - See "Gym, Fitness & Health Club."

   HEALTH & PERSONAL CARE (EYEGLASS, MEDICAL SUPPLIES, HEARING-AIDS) - An establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing aids, nutritional products, and the like.

   HISTORIC PRESERVATION - Any definition set forth in 36 C.F.R. Part 60 (the then-current Code of Federal Regulation, as may be amended from time to time) shall be included in the definition for such term (and shall control to the extent there is a conflict of meaning), or as an additional definition, if such term is not otherwise defined:

      1.   ALTERATION - Any construction or change of a resource.

      2.   BOARD - The Boynton Beach Historic Resources Preservation Board (HRPB).

      3.   BOYNTON BEACH REGISTER OF HISTORIC PLACES - An official listing maintained by the city of all historic properties and historic districts so designated by these Regulations.

      4.   BUILDING(S) - A construction, such as a house, garage, church, or hotel, created principally to shelter any form of human activity.

      5.   CERTIFICATE OF APPROPRIATENESS - A document evidencing approval by the Board or the city staff for work proposed by an applicant.

      6.   CERTIFICATE OF ECONOMIC HARDSHIP - A document evidencing approval by the Board of an application for economic hardship as that term is defined in these Regulations.

      7.   CERTIFIED LOCAL GOVERNMENT (CLG) - A local government approved by the Florida Department of State, Division of Historical Resources, to perform certain historic preservation functions.

      8.   CONTRIBUTING PROPERTY - A property that contributes to the historic significance of a historic district by location, design, setting, materials, workmanship, feeling, and association and thus adds to the district's sense of time, place, and historical development.

      9.   DEMOLITION - Any act or process that partially or totally destroys a resource.

      10.   DESIGN GUIDELINES HANDBOOK - Document utilized by the city which illustrates examples of design features, historic styles and treatment options which preserve the historical, cultural and architectural character of a historic district or property.

      11.   DISTRICT - (see "Historic District" below).

      12.   ECONOMIC HARDSHIP - An onerous, extreme and exceptional economic burden that would be placed upon a property owner by the denial of an application for a certificate of appropriateness or by the imposition of conditions placed on the granting of such certificate.

      13.   EFFECT - A change in the quality of the historical, architectural, archeological or cultural significance of a property or district, or in the characteristics that qualify the property or district as historically important.

      14.   FLORIDA MASTER SITE FILE - An archive and database of all known archaeological and historical sites and districts recorded within the State of Florida that is maintained by the Florida Department of State Division of Historical Resources and is organized alphabetically by county and numerically, as recorded.

      15.   HISTORIC DISTRICT - A geographically definable area designated by the City Commission as possessing a significant concentration, linkage, or continuity of properties united historically or aesthetically by plan or physical development.

      16.   HISTORIC PROPERTIES - Those properties designated by the City Commission as being of historical, cultural, architectural or archaeological importance.

      17.   NATIONAL REGISTER OF HISTORIC PLACES - The official federal list of historic districts, sites, buildings, structures, and objects significant in American history, architecture, landscape architecture, engineering, archaeology, and culture. Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as each may be amended from time to time, and maintained by the U.S. Department of the Interior.

      18.   NON-CONTRIBUTING PROPERTY - A classification applied to a property within a historic district signifying that it does not contribute to the qualities that give the historic district cultural, historical, architectural, or archaeological significance as embodied in the criteria for designation of a district, but which because of its location within a district should follow the review procedures required by these Regulations.

      19.   OBJECT - A primarily artistic item closely linked to the history of the property. Said item is typically relatively small in scale and simply constructed, such as a statue, milepost, statuary, or fountain.

      20.   PROPERTY - Area of land containing a single historic resource or a group of resources, which may include any of a building, site, structure, object, or district.

      21.   RECONSTRUCTION - The process of reproducing by new construction the exact form and detail of a demolished property as it appeared at a certain point in time.

      22.   REHABILITATION - The process of repairing or altering a property so that an efficient, sustainable and appropriate contemporary use is achieved, while preserving those significant historical, architectural, or cultural features which establish the character of the property.

      23.   RELOCATION - Any change of the location of a building, structure or object from its present setting to another setting.

      24.   RESOURCE - A building, site, structure, object, or district that reflects historical, archaeological, or cultural significance.

      25.   RESTORATION - The process of accurately recovering the form and details of a property as it appeared at a particular period of time, which may involve the removal of later additions or alterations, or the replacement of missing features.

      26.   SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - A federal document set forth in 36 C.F.R. 67, as amended from time to time, which provides guidance on the sensitive rehabilitation of a historic property.

      27.   SETTING - The physical environment of a property, including all landscape elements.

      28.   SITE - The location of an event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure.

      29.   STRUCTURE(S) - A combination of materials to form a construction, generally used to distinguish from buildings those functional constructions made for purposes other than creating human shelter. (For example, a bridge, wall, fence, pond).

   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 (1) merchandise line predominating. The merchandise lines are normally arranged in separate departments.

   HOME-BASED BUSINESS - An occupation, profession, activity or use that is a secondary and incidental use of a residential property, and is conducted on the property with activity and intensity similar to the activity and intensity of a home where no home-based business is conducted, and without having a negative impact on the residential character and architectural aesthetics of the neighborhood.

   HOSPITAL - An establishment typically referred to as an institution (excluding Group Homes) that provides comprehensive, inpatient and outpatient healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation 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 - A building or portion thereof offering temporary lodging of transient guests, with access to the guest rooms through the inside lobby, and accessory uses that may include conference facilities, restaurants, bars, and recreation, fitness amenities, and retail.

   HOTEL, CONDOMINIUM (“CONDO HOTEL”) - A building with individually owned condominium units intended to be made a part of the hotel inventory to be rented to the public and operated by hotel management.

   HOUSE EAVES - A non-structural portion of any building or structure extending beyond the vertical plane of the foundation.

   HOUSE TRAILER - (1) 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, (2) 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 (1).

   HOUSEHOLD - 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 - See “Food Processing/Manufacturing.”

   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.

   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.

   INDOOR ATHLETIC INSTRUCTION/TRAINING - An establishment primarily engaged in offering athletic instruction or training, including martial arts, gymnastics, cheerleading, batting/golfing, and dance studios, and other similar types of uses having the same characteristics and special needs as confirmed by staff.

   INDUSTRIAL ZONING DISTRICT - Whenever the words "industrial district" or "industrial zoning district" are used, they are construed to include any or all of the following zoning districts: M-1 industrial; and PID planned industrial development.

   INFESTATION - The presence of insects, rodents or other pests (see "Extermination").

   IN-FILL HOUSING - New residential units on parcels less than five (5) acres that are not part of an approved planned unit development as defined by the City of Boynton Beach Land Development Regulations.

   INFORMATION AND 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 Development Department but not appearing on the Palm Beach County tax rolls as an improvement to real property.

   INTERIOR DECORATOR STUDIO - A commercial establishment from where professional home interior decorating services are provided. This business may provide cloth, wallpaper, paint samples and the like, as part of the design services, but not on-site sales of furniture or other home furnishings.

   INTERSECTION - See "Street, Intersection."

   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.

   IRRIGATION SYSTEM - A system of pipes or other conduits designed to transport and distribute water to all landscape plantings.

   JANITORIAL AND GENERAL CLEANING - An establishment primarily engaged in cleaning building interiors and exteriors (e.g. driveways, roof tiles, patios, etc.); interiors of transportation equipment (e.g., aircraft, rail cars, ships); and/or windows. This use also includes pressure cleaning services. See "Cleaning Supply Store" for the retail sales of materials, supplies, chemicals, and specialized lines of merchandise associated with a "janitorial and general cleaning" establishment.

   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 (1) 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.

   JUNKYARD - 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.

   KITCHEN, COMMERCIAL - An establishment where one or more foodservice operators prepare and store food in bulk to be delivered and/or served at an off-site location.

   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 of lands 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.

   LANDSCAPE BUFFER - 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.

   LANDSCAPE DEBRIS STOCKPILING - The temporary storage of vegetative debris such as grass, tree or shrub branches or stumps, or other common landscaping materials generated and/or collected by commercial landscaping maintenance services for use in recycling processes involving energy production, soil enhancements or mulch for example.

   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 (2) hedge plants placed on the outside of the wall and spaced every ten (10) lineal feet.

   LANDSCAPED AREA - An area not occupied by any structures or impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations.

   LANDSCAPING - Any of the 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 "Wireless Communication Facility (WCF), Antenna Support Structure."

   LAWN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in the decorative and functional alteration, planting, and maintenance of property. This use excludes contractors who primarily use heavy equipment for tree trimming, grading, excavation, or the installation of irrigation systems.

   LEGAL ACCESS - See "Access, Legal."

   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 of the public facility.

   LIMITED ACCESS - See "Street, Limited Access."

   LIMITED ACCESS EASEMENT - See "Easement, Limited Access."

   LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Includes all structures listed as eligible for designation in "The City of Boynton Beach Historic Sites Survey" as prepared by Research Atlantica, Inc, September 1996, including any subsequent updates.

   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 - 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 - Off-street accommodations for loading and unloading 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."

   LOCKSMITH - An establishment primarily engaged in the installation, accessory sales, repair, or adjusting service of mechanical or electronic locking devices, safes, and security vaults.

   LOGO - See "Sign, Logo."

   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.

   LOT AREA - The total area of a lot measured from lot lines.

   LOT COVERAGE - 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 (2) buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures.

   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 FRONTAGE - The property line adjacent to a public or private street; it is also the front property line.

   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 of two (2) or more streets.

   LOT, INTERIOR - Any lot that is neither a corner lot nor a through lot.

   LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.

   LOW INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household with a gross, combined income between sixty percent (60%) and eighty percent (80%) of the Area Median Income (AMI) for Palm Beach County, published annually by the Department of Housing and Urban Development (HUD).

   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 - A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa, the white mangrove; and Avicennia nitida, the black mangrove; or Conocarpus erectus, the green buttonwood.

   MANGROVE STAND - An assemblage of trees which contain one (1) or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood.

   MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy.

   MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed for non-transient living or sleeping purposes.

   MANUFACTURER'S REPRESENTATIVE - An establishment primarily engaged in providing customer service to the public on behalf of a manufacturer in an office-type of setting, primarily through pre-arranged appointments. The business owner typically markets the product line to the customer through the use of catalogues, brochures, or samples, and takes product orders, and relays product orders to the manufacturer. Inventory for point-of-purchase sales shall not be allowed. Individual items may be shipped directly to the representative for pickup by the customer; however, large items or bulk goods are shipped directly to the customer, because the business use is deemed to be an office rather than a retail, warehouse, or distribution operation.

   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. 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.

   MASTER PLAN - A drawing which shows the intended division of and improvements on one (1) or more parcels filed in conjunction with a formal application for a rezoning to a planned zoning district.

   MASTER SITE PLAN (WITHIN A PID) - 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 are to be consistent.

   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.

   MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program provisions of these regulations, it is the City of Boynton Beach Median Household Income, as determined by the most recent 5-year estimate of the U.S. Census Bureau American Community Survey.

   MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which operates 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations from professional medical staff (e.g. skilled nursing services), requiring overnight stays for a short or long term period of time, and are based on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include but are not limited to:

      1.   Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 397;

      2.   Mental health treatment facilities licensed pursuant to F.S. Chapter 394;

      3.   Urgent care centers (24-hour);

      4.   Inpatient testing services such as sleep disorder centers;

      5.   Birth centers licensed pursuant to F.S. § 383.305;

      6.   Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV;

      7.   Eating disorder treatment centers; and

      8.   Nursing homes, physical rehabilitation centers, and memory care facilities (i.e. dementia/Alzheimer’s care facilities), licensed pursuant to F.S. Chapter 400.

   MEDICAL OR DENTAL IMAGING/TESTING/SUPPORT SERVICES (OUT-PATIENT) - An establishment that is primarily engaged in providing analytic, diagnostic, or other support services through, in part, on-site interaction with patients and customers, including the collection of body fluids and other clinical specimen, as well as the necessary diagnostic images. Analysis of images, fluids, or other clinical specimen may occur on-site or off-site or diagnostic services.

   MEDICAL OR DENTAL LABORATORY - An establishment that offers diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA, 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. The fluids and other clinical specimens tested are customarily collected by others (see “Medical or Dental Imaging/Testing/Support Services” use), and the use does not involve on-site patient visits.

   MEDICAL OR DENTAL OFFICE (OUT-PATIENT) - A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis including intensive out-patient treatment. Images, body fluids or other clinical specimens and information may be collected and analyzed on-site or off-site (see “Medical or Dental Imaging/Testing/Support Services” use and “Medical or Dental Laboratory”).

   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.

   MEDICAL MARIJUANA DISPENSARY. A facility, operated by a Medical Marijuana Treatment Center (MMTC) in accordance with the Florida Department of Health as a medical marijuana dispensing facility that dispenses medical marijuana to qualified patients or caregivers. A medical marijuana dispensing facility does not prepare, transfer, cultivate or process any form of marijuana or marijuana product.

   MENTAL HEALTH AND SUBSTANCE ABUSE - See “Medical Care or Testing (In-patient).”

   MERCHANDISE, NEW (SUPERCENTER, DISCOUNT, DEPARTMENT, CLUB) - An establishment primarily engaged in retailing a wide range of the following new products with no one (1) merchandise line predominating: apparel, furniture, appliances and home furnishings; and selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, jewelry, toys, and sporting goods. Clubs and supercenters include perishable items.

   MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOPS AND BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of value, of which, are at least fifty (50) years old and/or collectibles that are desirable due to rarity, condition, utility, or some other unique feature, or an establishment that principally sells furniture and household furnishings under a consignment arrangement.

   MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of used merchandise, such as a clothing. "Merchandise used (other)" may also include either of the following types of establishments: (1) loaning money on the security of pledges of personal property (pawnshop); or (2) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles or parts.

   METAL, FABRICATED PRODUCTS - An establishment primarily engaged in manufacturing one (1) 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 join separate parts together. This use excludes drop forging.

   MICRO-BREWERY - An establishment which combines on-site food service and manufacturing, and distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of three thousand (3,000) barrels (or ninety-three thousand (93,000) gallons) of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the public.

   MICRO-DISTILLERY - See “Micro-Brewery.”

   MICROWAVE DISH ANTENNA - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

   MICRO-WINERY - See “Micro-Brewery.”

   MINIMUM FLOOR AREA - 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 percent (50%) of floor area. Open porches and carports shall be credited with twenty-five (25%) of floor area. Accessory buildings shall not count as floor area if not accessible from the interior of the building. Not more than ten percent (10%) of any minimum floor area shall be credited to screened-in porches or breezeways.

   MISCELLANEOUS ZONING DISTRICT - Whenever the words "miscellaneous district" or "miscellaneous zoning district" are used, they are construed to include any or all of the following zoning districts: REC recreation; and PU public usage.

   MITIGATION, WCF - See "Wireless Communication Facilities."

   MIXED USE BUILDING - A building that contains a mix of residential and non-residential uses. See also "Mixed Use Development."

   MIXED USE DEVELOPMENT - The development of a single building or single parcel to contain two (2) 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 POD - A development project located entirely within a previously approved planned industrial development (PID) which, when complete, will have all of the following uses: multi-family residential; commercial/retail; and 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 PID designated for mixed use.

   MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU-1 Mixed Use - 1; MU-2 Mixed Use - 2; MU-3 Mixed Use - 3; MU-4 Mixed Use - 4; and MU-C Mixed Use Core.

   MOBILE HOME - See "Manufactured Home."

   MOBILE HOME PARK - A subdivision of land for the sale of lots for manufactured homes.

   MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of these Regulations shall not apply to mobile caterers or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments. For the purposes of implementing and interpreting the mobile vendor ordinance, the following definitions shall apply:

      1.   ADULTERATED - The condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it injurious to health.

      2.   APPROVED MANNER - Method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation.

      3.   APPROVED SOURCE - A licensed food processing establishment considered satisfactory by the Health Director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption.

      4.   ASSEMBLY - A concentration of three (3) or more MVU’s coordinated by a single applicant intended to contribute to the vitality of publicly-accessible spaces and community activities. Events of this type are required to obtain a Special Event Permit.

      5.   COMMISSARY - A food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors.

      6.   CORROSION RESISTANT MATERIAL - A material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment.

      7.   EASILY CLEANABLE - Surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

      8.   FOOD - Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

      9.   FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling or vending of food.

      10.   FOOD VENDOR - Any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot.

      11.   LABEL - A display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law.

      12.   LIQUID WASTE - Fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice.

      13.   MERCHANDISE - Items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, small appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media.

      14.   MISLABELED AND MISBRANDED - The presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 1-101.15 or which violates any applicable federal, state or local labeling requirements.

      15.   PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness.

      16.   PERMIT - A site specific license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending.

      17.   POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) value of 0.85 or less.

      18.   PUBLIC WAYS - Include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access.

      19.   SAFE TEMPERATURES - As applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero (0) degrees Fahrenheit (minus seventeen (-17) degrees Celsius) or below for frozen food storage.

      20.   SANITIZE - Effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation as being effective in destroying microorganisms including pathogens.

      21.   SERVICES - Personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment.

      22.   SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one (1)-time, one (1)-person use and then discarded.

      23.   UTENSIL - Any implement used in the storage, preparation, transportation or serving of food.

      24.   VEHICLE - Every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn.

      25.   WHOLESOME - In sound condition, clean, free from adulteration and otherwise suitable for use as human food.

   MODERATE INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the Area Median Income (AMI) for Palm Beach County, published annually by the Department of Housing and Urban Development (HUD).

   MONOPOLE TOWER - See "Wireless Communication Facility (WCF), Antenna Support Structure."

   MOTEL - A building or group of buildings providing lodging accommodations for transient guests, with guest rooms accessed individually from parking areas or external walkways.

   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."

   MULTI-FAMILY DWELLING - See "Dwelling, Multi-family."

   MULTIPLE-VENDOR MARKET - An indoor use that is primarily engaged in the sale of new or used merchandise or a combination thereof, and such use accommodates more than one (1) individual, vendor, tenant, or business within a building. Each individual, vendor, tenant, or business occupies sales areas, typically by using stalls, tables, booths, platforms, racks, or other temporary tenant separation methods, the sum of which constitutes a single establishment. This classification does not include the sale of secondhand motor vehicles or parts, and excludes garage sales, rummage sales, and special events.

   MUNICIPALITY - The City of Boynton Beach, Florida.

   MURAL - A work of art that is hand-painted image, hand-tiled mosaic, carved or etched masonry, digitally printed image or digitally display system on the exterior surfaces of a building or site. Such mural is not a sign and shall not contain any advertising or other commercial message with brand name, product name, abbreviation thereof, company or business name or logo, hashtag, trademark or brand imagery.

   MUSEUM - An institution that engages in the preservation and exhibition of objects, sites, and natural wonders of historical, cultural, and/or educational value.

   NATIONAL REGISTER OF HISTORIC PLACES - See "Historic Preservation."

   NATIVE FLORIDA ECOSYSTEMS - A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native species.

   NEWSRACK - Any type of unmanned device located on public property utilized for the vending of newspapers or new periodicals.

   NEWSSTAND - A stall, booth, or store where newspapers and magazines are sold.

   NIGHTCLUBS - See "Bar & Nightclub."

   NON-CONTRIBUTING PROPERTY - See "Historic Preservation."

   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.

   NUDITY - The exposing to public view of the human male or female genitals, pubic area, cleavage of the human buttocks, or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple).

   NURSERY SCHOOL - See "Day Care."

   NURSERY, GARDEN CENTER, & FARM SUPPLY - 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 - See "Group Home."

   OATH - 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."

   OBJECT - See "Historic Preservation."

   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 - The individual, individuals, or entity in actual possession of a premises.

   OCCUPATIONAL LICENSE - See "Business Tax."

   OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one (1) or more of the 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 - 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 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 of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises.

   OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures.

   OPEN-AIR STRUCTURE (GAZEBO, TIKI HUT, CHICKEE HUT) - A detached ancillary structure, open on all sides, with a roof of some type, used for recreation/entertaining purposes. Such structures shall include but not be limited to gazebos; tiki, chickee or chiki huts; tea houses; or other like pavilions.

   OR, AND - "Or" may be read "and," and "and" may be read "or" if the sense requires it.

   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 stormwater into waterways.

   OWNER - Any individual, agent, firm, association, organization, partnership, trust, corporation, or any other legal entity that owns or holds title to real property as reflected on the public records of Palm Beach County, including a contract purchaser who has consent from such owner(s).

   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. Accessory to this use includes the rental of moving trucks, trailers and related equipment and accessories.

   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.

   PARAPET - The extension of the main walls of a building above the roof level, 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 (1), or a series of smaller extensions above the roof line.

   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. For the purposes of determining impact fees, the term "park" is considered a public park within the city that is not owned or operated by Palm Beach County.

   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 (4) parking stalls are exempted from this definition.)

   PARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, designed to store one (1) 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.

   PARKING SPACE, TANDEM - Provisions within certain zoning districts allowing the placement of parking spaces one (1) 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.

   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 - A parking structure that is 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.

   PARTIAL NUDITY - The exposing to public view of the human male or female cleavage of the human buttocks or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple) with less than a full opaque covering; or the depiction of covered human male genitals in a discernibly turgid state.

   PARTIES IN INTEREST - 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, administrative, trustee or guardian of the estate of the owner.

   PAWN SHOP - See "Merchandise, Used."

   PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a reference monument as outlined within these Regulations.

   PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument which must consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area of material of two-tenths (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 twelve and one-quarter (12.25) square inches and a minimum of twenty-four (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 objects. 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 café provisions of these regulations, it shall be the lawful holder of a sidewalk café permit obtained pursuant to the terms and provisions of these Regulations.

   PERSON - Any natural person, firm, co-partnership, association or corporation.

   PERSONAL CARE (BEAUTY, HAIR, NAILS) - An establishment primarily providing one (1) or more of the following services and/or facilities: 1) hair care; 2) nail care; 3) facials or application of makeup; 4) tanning salons; 5) day spas, including accessory massage/aromatherapy; and 6) body piercing and tattooing.

   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.

   PERVIOUS PAVEMENT - A pavement system that consists of a sustainable design which allows for percolation of rainfall.

   PET CARE (BOARDING AND DAYCARE) - 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 (1) or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading, 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 a variety of prescription and non-prescription drugs and medicines, and medical and surgical supplies. A "drug store" would be an establishment that combines a "pharmacy" with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessment (e.g., vaccinations, minor examinations, etc.).

   PHOTOGRAPHY STUDIO - An establishment, also known as a portrait studio, that is primarily engaged in providing still, video, or digital photography services.

   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.

   PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly zoned, planned, approved and developed as 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.

   PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformly zoned, planned, approved and developed as 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.

   PLANNED ZONING DISTRICT - A zoning district in which the zoning is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU-1 Mixed Use - 1; MU-2 Mixed Use - 2; MU-3 Mixed Use - 3; MU-4 Mixed Use - 4; MU-C Mixed Use Core; and PID planned industrial development.

   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 F.S. Chapter 177, and may include the terms "record plat", "replat", "amended plat", or "revised plat."

      1.   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 F.S. Chapter 177.

      2.   FINAL - A finished plat including all signatures required for recordation except those signifying approval by the city.

      3.   PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans.

      4.   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.

   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 CURVATUR - See "Survey Data."

   POINT OF CURVATURE - See "Survey Data."

   POINT OF REVERSE CURVATURE - See "Survey Data."

   POINT OF TANGENCY - See "Survey Data."

   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 conjunction with sales of related merchandise/supplies.

   PREMISES - A platted or unplatted lot or parcel of land either occupied or unoccupied by any structure.

   PRESERVATION - The perpetual maintenance of areas in their original state.

   PRINCIPAL USE - See "Use, Principal."

   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.

   PROHIBITED USE - See "Use, Prohibited."

   PROPERTY - See "Historic Preservation."

   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 subject 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 F.S. Chapter 711, 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 F.S. Chapter 711, 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 - A separate, interest bearing account set up 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 - Any hall, corridor or passageway not within the exclusive control of one (1) family.

   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.

   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.

   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."

   REAL ESTATE 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 PROPERTY - The portion of the 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.

   RECONSTRUCTION - See "Historic Preservation."

   RECREATION AND ENTERTAINMENT, OUTDOOR - 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.

   RECREATION AND PARKS DEPARTMENT 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 any public area or building and preempts use by the general public. A special event shall include, but not be limited to, City 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 Special Sales Event Approval (ref. Part III, Ch. 2, V. 4) and applicable building permit.

   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.

   REFERENCE POINT - Any defined position that is or can be established in relation to another defined position.

   REGISTER OF HISTORIC PLACES - See "Historic Preservation."

   RELOCATION - See "Historic Preservation."

   REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of these Regulations, they are the alterations made to a building within any twelve (12) month period, including, but not limited to, changes to the façade 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.

   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 junk, 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; jewelry; 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 knowledge (research) and/or the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development).

   RESIDENTIAL UNIT - See "Dwelling Unit (D.U.)."

   RESIDENTIAL ZONING DISTRICT - Whenever the words "residential district" or "residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family residential; IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development.

   RESOURCE - See "Historic Preservation."

   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 fifty-one percent (51%) of its monthly gross revenue.

   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 fifty-one percent (51%) of its monthly gross revenue.

   RESTORATION - "Historic Preservation."

   RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Workforce Housing Program. The term of the restrictive covenant and agreement is fifteen (15) years, recurring, for sale units and fifteen (15) years for rental units, non-recurring.

   REZONING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s).

   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.

   ROOFLINE - The overall ridge line of the 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 - All combustible and non-combustible 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/WARNING SIGN - See "Sign, Safety."

   SAND DUNES - 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.

   SCALE - The relationship of a building or structure to its surroundings with regard to its size, height, bulk, and/or intensity.

   SCHOOL, INDUSTRIAL & TRADE - An establishment providing instruction and practical training in mechanical, construction and industrial occupations such as auto repair, masonry, machinery operation/repair, metal fabrication, welding and others.

   SCHOOL, PRIMARY AND SECONDARY - A public, private, or parochial school offering instruction at the elementary, junior, or high school level in the branches of learning and study required to be taught in schools within the state.

   SCHOOL, PROFESSIONAL & TECHNICAL - An establishment, other than a college, providing specific job training to be pursued as a career including art, cosmetology, business, computers, fashion design, or other such programs, and which is conducted entirely within an enclosed building.

   SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - See "Historic Preservation."

   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.

   SETTING - See "Historic Preservation."

   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.

   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.

   SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit.

   SHOWROOM WAREHOUSE, (SINGLE PRODUCT LINE) - Showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances, flooring, mattresses, recreational vehicles or the like. Those establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement stores and warehouse clubs in that they do not sell a wide range and mix of merchandise.

   SIDEWALK - That portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by pedestrians.

   SIDEWALK CAFÉ - Chairs and tables temporarily placed within the sidewalk area that directly abut a business operating as a "Restaurant".

   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.

   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.

      1.   "A" FRAME - A moveable sign not secured or attached to the ground.

      2.   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.

      3.   ADVERTISING STRUCTURE - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property.

      4.   ANIMATED OR FLUTTERING - A sign which uses devices to generate movement by either mechanical, electrical or natural methods.

      5.   AWNING VALANCE - A sign of permanent nature, which is incorporated into, affixed, or painted onto the valance of a permanent awning.

      6.   BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or non-commercial 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.

      7.   BLADE - A small, pedestrian oriented sign that projects perpendicular from the building or is hung beneath a canopy/covered walkway.

      8.   BUS BENCH - A bench or seat with graphics, symbols and/or copy affixed against any surface.

      9.   BUS SHELTER - See "Sign, Transit Shelter."

      10.   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.

      11.   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-U.L. approved plastics, cloths, etc.

      12.   CONSTRUCTION - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period.

      13.   COVERED WALKWAY AND ARCADE - 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.

      14.   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 of the public. (3) A sign, notice, or symbol as to the time and place of regular civic meetings and religious services.

      15.   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.

      16.   DOOR - See "Sign, Window."

      17.   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.

      18.   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.

      19.   ERECT - To build, construct, attach, hang, place, suspend or affix a sign.

      20.   FIXED PROJECTION - A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the façade of any building and is rigidly affixed thereto.

      21.   FLASHING - A sign, 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.

      22.   FLAT - A sign erected parallel to, and extending not more than eighteen (18) inches from, the façade of any building to which it is attached and supported throughout its entire length by the façade of the building and not extending above or beyond the building.

      23.   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 (1) 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).

      24.   GOVERNMENT - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities.

      25.   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.

      26.   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.

      27.   IMPRESSION - Any symbol and/or lettering that is struck into a masonry or stuccoed wall.

      28.   LOGO - A symbol of a company or business.

      29.   MENU BOARD - A sign of permanent nature, which is used in association with a drive-through facility.

      30.   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.

      31.   MURAL - See "Mural."

      32.   OFF-PREMISES - A sign advertising an establishment, organization, residential development, merchandise, service, or entertainment, which is sold, produced, manufactured, located, and/or furnished, at a place other than the property on which such sign is located. A sign located within a public or private right-of-way is considered an off-premises sign.

      33.   ON-PREMISES - A sign located on-site that advertises an establishment, organization, residential development, merchandise, service, or entertainment, which is sold, produced, manufactured, located, and/or furnished. Such sign shall be located where the use, for which the sign is identifying or advertising, is located.

      34.   PARAPET - A sign placed completely on the face of a parapet.

      35.   PERIMETER - The entire outer boundary of the sign, not including the supporting structural members.

      36.   PERMANENT - A sign constructed of durable materials and intended to exist or display for the duration of time that the establishment, organization, or occupant is located on the premises.

      37.   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.

      38.   POLITICAL - A sign erected by a political candidate, group or agent thereof, for political purposes.

      39.   PROJECTING - A sign attached to, and projecting at a right angle from, a building face or wall and maintained wholly on private property.

      40.   PYLON - 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 (6) feet or more above grade.

      41.   REAL ESTATE - Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale.

      42.   REAR DOOR BUSINESS IDENTIFICATION PLAQUE - 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.

      43.   ROOF - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building.

      44.   SAFETY - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or area.

      45.   SEASONAL SALES EVENT - A temporary sign used in association with a seasonal sales event.

      46.   SNIPE - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter.

      47.   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.

      48.   SPECIAL TEMPORARY SALES EVENT - A temporary sign used in association with a special temporary sales event.

      49.   TEMPORARY - A sign not intended or designed for permanent display.

      50.   TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign identifying a business location.

      51.   TRANSIT SHELTER - Graphics, symbols and/or copy affixed to any surface of a public transit shelter.

      52.   VEHICLE DISPLAY - 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.

      53.   WALL - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself.

      54.   WARNING - See "Sign, Safety."

      55.   WINDOW - 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.

      56.   YARD - 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 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 COPY - Any combination of letters, numbers, graphics, or the like which are intended to inform, direct, or otherwise transmit information.

   SIGN FACE - Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

   SIGN HEIGHT - The height of a freestanding sign shall be measured from the base of the sign at ground level (at typical grade) to the top of the highest component of the sign. "Typical" grade shall generally mean the average grade that would exclude variations in grade, such as for berms or landscaping. In instances where typical grade cannot reasonably be determined, the base elevation shall be the elevation of the vehicle use area, at the nearest point from the proposed location for the sign.

   SITE - See "Historic Preservation."

   SKY EXPOSURE 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.

   SMALL WIND ENERGY SYSTEM (SWES) - A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which is intended to primarily reduce on-site consumption of utility power and/or to serve an educational purpose. The total height is measured at the tip of the blade or the highest piece of equipment attached thereto. In case of building-mounted towers, the height of the tower includes the height of the building on which it is mounted. For clarification, any SWES that is affixed to a building shall comply with the maximum height and minimum setbacks required for an at-grade tower.

   SOAP & TOILETRY - An establishment primarily engaged in the mixing, blending, and packaging of cosmetics, soaps, and other cleaning compounds.

   SOCIAL SERVICE AGENCY - A non-regulatory public or private not-for-profit establishment providing a combination of support services, resources, and activities, including counseling (except for drug and alcohol addiction), education, training and referral; and soliciting funds to be used for these and related services. Also includes establishments with community improvement and neighborhood development functions. Excludes establishments providing overnight accommodations, medical clinics dispensing prescription medications, and on-site food preparation and consumption; on-site food distribution is permitted only if part of the establishment's service mix and not its main objective.

   SPECIAL EVENT HANDBOOK - A publication issued by the City of Boynton Beach entitled “Special Event Handbook” which sets forth procedures for the application process and City requirements for Special Event activities.

   SPECIALTY 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, confectionary and nut stores, and health/gourmet food stores.

   SPECIMEN TREE - A tree which has been determined by the judgment of the Director of Planning and Zoning or designee to be of high value because of its type, size, age or other arboricultural criteria, and has been so designated and promulgated as part of the official records of the city.

   SPORTING GOODS AND TOYS - An establishment primarily 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 complete application or amended application, whichever is later, is submitted for consideration.

   STANDARDS FOR REHABILITATION - See "Historic Preservation."

   START OF CONSTRUCTION - The date a building permit is issued for new construction and substantial improvements, 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 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. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

   STATE - The words "the state" or "this state" shall be construed to mean the State of Florida.

   STATE HOUSING INITIATIVES PARTNERSHIP ACT - For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," F.S. §§ 420.907 et seq., and Chapter 9I-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 of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose of the use of this 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 projection 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.

   STATION AREA - A geographic area established for planning and regulatory purposes, and which is characterized by "Compact Development" within a one-half (½) mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the "Transit Core." See "Transit Core." The Station Area of a one-half (½) mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri- Rail Coastal Link service on the FEC Corridor, coincides with the Downtown Transit-Oriented Development District (TODD).

   STEALTH FACILITY - See "Wireless Communications Facility, Concealed."

   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 object that is designed and constructed by the manufacturer thereof for the primary purpose of storing and/or transporting items or goods which may be used for storage purposes in lieu of storage within a principal or accessory building. Also included are operable or inoperable vehicles used for the purposes as described herein.

   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 junk 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. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing, and moving of personal items, as well as the rental of moving vehicles, trailers and related accessories.

   STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three (3)-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.

   STORMWATER - 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.

      1.   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, as well as every street shown or described as "arterial" according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended.

      2.   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 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 Boynton Beach Comprehensive Plan, as adopted and amended.

      3.   CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round.

      4.   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.

      5.   LOCAL - A street shown or described as a "local" street according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended.

      6.   MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities.

      7.   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.

      8.   PRIVATE - Any street not dedicated to the public.

      9.   PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission.

   STREETSCAPE - The sum of the man-made and planted features that create the character of a public space. Streetscape features may be located within and abutting the right-of-way. Streetscape features include street trees and plantings; street furniture such as benches, street lights, signs, kiosks, gazebos, trash receptacles, bicycle racks, railings and fences, fountains, planters, memorials, public telephones, and bollards; sidewalks; median strips and islands; public art; banners and flags; signs and awnings; and similar publicly visible features.

   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.

   STRUCTURE - Any building or improvement constructed upon real property located within the municipal limits of the city. Also see "Historic Preservation, Structure(s)."

   SUBDIVISION - Land divided into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; 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.

   SUPPLIED 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.

   SURROUNDING BUILDINGS - See "Historic Preservation."

   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:

      1.   AS-BUILT - 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.

      2.   BOUNDARY - A survey, the primary purpose of which is to document the perimeters, or any one (1) of them, of a parcel or tract of land by establishing or re-establishing corners, monuments, and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting.

      3.   CONDOMINIUM - A survey performed pursuant to F.S. Chapter 718; includes a boundary survey.

      4.   CONSTRUCTION LAYOUT - The measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions.

      5.   CONTROL - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping.

      6.   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 corner, a recorded corner, or some other well-established survey point.

      7.   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 (1) 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 objects for survey and navigation purposes.

      8.   MEAN HIGH WATER LINE - A survey to document the mean high water line as defined in F.S. Part II, Chapter 177.

      9.   QUANTITY - A survey to obtain measurements of quantity.

      10.   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.

      11.   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.

      12.   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.

      1.   POINT OF COMPOUND CURVATURE (PC) - "P.C.C.," means the point where two (2) circular curves have a common point of tangency, the curves lying on the same side of the common tangent.

      2.   POINT OF CURVATURE (PC) - "P.C.," means the point where a tangent circular curve begins.

      3.   POINT OF REVERSE CURVATURE (PRC) - "P.R.C.," means the point where two (2) circular curves have a common point of tangency, the curves lying on opposite side of the common tangent.

      4.   POINT OF TANGENCY (PT) - "P.T.," means the point where a tangent curve ends and becomes tangent.

   SURVEY MONUMENT - An artificial or natural object 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 eighteen (18) inches; (3) have a minimum cross-section area of material of two-tenths (0.2) square inches; (4) be identified with a durable marker or cap bearing either the Florida registration number of the 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 objects. 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 F.S. Chapter 472, 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.

   TANDEM PARKING - See "Parking, Tandem."

   TAP-ROOM - A bar (as defined by this section) that manufactures a maximum of one thousand five hundred (1,500) barrels (or forty-six thousand five hundred (46,500) gallons) of alcohol per year which is consumed on-site. This use does not include any distribution.

   TASTING ROOM - Commercial floor area of a food or beverage manufacturing establishment where the public is allowed and encouraged to purchase, taste, and/or consume the products produced on or off-site. The zoning regulations may contain conditions applicable to tasting rooms with respect to location, size, hours of operation, and the like, in order to maintain the ancillary relationship with the principal use and compatibility with surrounding properties and zoning district.

   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.

   TECHNICAL SITE PLAN - Technical site plans are development plans for one (1) or more lots submitted in compliance with an approved Master Site Plan for a mixed use pod within a planned industrial development district (PID).

   TELECOMMUNICATION TOWER - See "Antenna Support Structure."

   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 - Any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to 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.

   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 - 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."

   TILE AND CARPET - An establishment primarily engaged in the retail sales and installation of finished flooring products, such as ceramic tile, natural stone and marble, carpet, hardwood, cork, laminate, and vinyl.

   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 junk and salvage yards.

   TOWNHOME - A type of dwelling unit that is designed for or occupied by no more than one (1) family or household. Each dwelling unit has the following: 1) direct means of access to the outside; 2) tenant separation (party) walls designed and constructed in accordance with the Florida Building Code; and 3) fee simple ownership of the lot occupied by that unit.

   TOWNHOUSE - A dwelling comprised of at least three (3) attached townhomes.

   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.

   TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a registered professional engineer competent in traffic engineering, 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.

   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.

   TRANSIT CORE - The first one-quarter (1/4) mile radius, or approximately one hundred twenty-five (125) acres around a transit station characterized by the most intense/dense development and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations.

   TRANSIT-ORIENTED DEVELOPMENT (TOD) - A component of "Compact Development" characterized by moderate to high intensity and density, mixed use development within one-half mile of a transit stop or station designed to maximize walking trips and access to transit and the various uses within the area devoted to "Compact Development."

   TRAVEL AGENCY - An establishment primarily engaged in acting as agents in selling travel, tour, and accommodation services to the general public and commercial clients.

   TUTORING AND TESTING CENTER - An establishment primarily engaged in providing remedial teaching or instructional services to pupils on a contractual and limited basis. This classification also includes centers where scholastic or professional tests are administered and assessed.

   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).

   UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that lots or parcel(s) of land 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.

   URBAN AGRICULTURE - See "Garden."

   USABLE OPEN SPACE - Active or passive space designed as: 1) public spaces for the purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestrian areas, etc. This area may also include public art easements; and/or 2) private space for the use primarily of the residents/occupants of the property, such as park space, gardens, courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards, patios, or the like, of individual unit owners.

   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. 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.

   USE, NONCONFORMING - A nonconforming use is a use which lawfully occupied a building or land prior to the adoption of the ordinance or any amendment thereto, which has been lawfully continued, and that no longer conforms to the uses permitted in the site's current zoning district, due to changes in the code or its application to the site.

   USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot.

   USE, PERMITTED - A use permitted in a zoning district, without the need for special administrative review and approval, upon satisfaction of the standards and requirements of these Regulations.

   USE, PROHIBITED - A use not permitted in a zoning district.

   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 - Relief from certain requirements of the regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar to the 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.

   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.

   WAREHOUSE, INTERNET SALES - A warehouse-type of establishment that stores, packs, or ships merchandise that is sold primarily over the internet, and wherein customer visits occur infrequently. The business may have an accessory showroom area and/or auction activity; however, any such space dedicated to a showroom shall not exceed twenty percent (20%) of the gross floor area, and any auction activity is restricted to weekends only.

   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 (1) 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 (1) user.

   WATERWAY - 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.

   WHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to retailers or other businesses, excluding sales to household customers.

   WINDMILL, AERATION - A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the function of an aeration windmill to create or generate electric power, either for use or sale, on or off-site.

   WINERY - See “Brewery.”

   WIRELESS COMMUNICATION FACILITY (WCF) - Any manned or unmanned equipment used 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, co-location 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.

      1.   ANTENNA - 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.

      2.   ANTENNA ARRAY - 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 mounting frame or mounting support structure, for the sole purpose of transmitting or receiving electromagnetic waves.

      3.   ANTENNA ELEMENT - Any antenna or antenna array.

      4.   ANTENNA SUPPORT STRUCTURE - A vertical projection 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 of the building by more than twenty (20) feet. Types of support structures include the following:

         a.   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.

         b.   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.

         c.   MONOPOLE - A style of freestanding antenna support structure consisting of a single shaft usually composed of two (2) or more hollow sections without guy wires and the like or in the ground or on a building's roof.

      5.   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.

      6.   ATTACHED - 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").

      7.   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 (2) types of concealed WCFs, namely, attached and freestanding. They are further described as follows:

         a.   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.

         b.   FREESTANDING - 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").

      8.   CO-LOCATION - 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.

      9.   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").

      10.   MITIGATION - A modification of an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one (1) or several antenna support structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with these Regulations or improve aesthetics or functionality of the overall wireless network.

      11.   NON-CONCEALED - A wireless communication facility that is readily identifiable as such and can be either freestanding or attached (See also "Concealed").

      12.   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.

   WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), 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).

   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 thirty percent (30%) of the gross income of households that are classified as low or moderate income households.

   WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - In compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities.

   WORKSHOP - See "Contractor's Workshop."

   WRECKED MOTOR VEHICLE - A motor vehicle defined as such 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.

   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 - The front, side and rear yard areas as established and required under the zoning code and the zoning district requirements as applicable thereto.

   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 nonconforming lots and uses.

   ZONING DISTRICT - Any certain designated area of the city to which these regulations apply and within which the zoning regulations are generally uniform.

   ZONING DISTRICT, COMMERCIAL - See "Commercial Zoning District."

   ZONING DISTRICT, CONVENTIONAL - See "Conventional Zoning District."

   ZONING DISTRICT, INDUSTRIAL - See "Industrial Zoning District."

   ZONING DISTRICT, MISCELLANEOUS - See "Miscellaneous Zoning District."

   ZONING DISTRICT, MIXED USE - See "Mixed Use Zoning District."

   ZONING DISTRICT, PLANNED - See "Planned Zoning District."

   ZONING DISTRICT, RESIDENTIAL - See "Residential Zoning District."

(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-017, passed 6-7-11; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 11-020, passed 9-20-11; Am. Ord. 11-023, passed 10-4-11; Am. Ord. 11-028, passed 10-18-11; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-008, passed 5-15-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 13-027, passed 10-1-13; Am. Ord. 13-029, passed 11-19-13; Am. Ord. 15-002, passed 3-17-15; Am. Ord. 15-003, passed 3-17-15; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 15-015, passed 6-16-15; Am. Ord. 15-019, passed 8-18-15; Am. Ord. 16-010, passed 7-5-16; Am. Ord. 16-011, passed 7-5-16; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-014, passed 7-18-17; Am. Ord. 17-020, passed 9-19-17; Am. Ord. 17-023, passed 9-19-17; Am. Ord. 17-029, passed 9-19-17; Am. Ord. 17-031, passed 11-7-17; Am. Ord. 18-013, 7-17-18; Am. Ord. 19-018, passed 7-2-19; Am. Ord. 19-030, passed 10-1-19; Am. Ord. 20-001, passed 1-7-20; Am. Ord. 20-004, passed 3-3-20; Am. Ord. 21-026, passed 11-16-21; Am. Ord. 21-032, passed 1-4-22; Am. Ord. 22-004, passed 2-15-22; Am. Ord. 22-006, passed 3-1-22; Am. Ord. 22-018, passed 11-14-22; Am. Ord. 23-024, passed 12-19-23)