§ 39-4. Terms defined.
Accessory Building or Structure: A separate, subordinate building or structure devoted to an accessory use on the same plot with a building which is occupied by, or devoted to a principal use.
(Ord. No. 96-17, § 1, 5-28-96)
Accessory Use: A use naturally and customarily incidental to, subordinate to, and subservient to the main use of the premises.
Acre, net: 43,560 square feet of contiguous, private property under the same ownership.
(Ord. No. 96-17, § 1, 5-28-96)
Adult Arcade: A place or establishment operated for commercial gain that invites or allows the public to view adult material, which may or may not include adult booths. For the purposes of this code, "Adult Arcade" is included within the definition of "Adult Theater."
(Ord. No. 1999-44, § 1, 8-24-99)
Adult bookstore: An establishment having forty percent (40%) or more of its gross income derived from the sale or rental of adult material or twenty-five percent (25%) or more of the individual items publicly displayed in the establishment as the stock-in-trade books, magazines, periodicals, or other printed matter, which are distinguished or characterized by their emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas." This definition shall not include printed material such as textbooks and medical journals where the depiction of specified anatomical areas is associated with educational or medical purposes.
(Ord. No. 77-48, § 1.02, 9-16-77; Ord. No. 93-3, § 1.01, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13)
Adult Booth: A small enclosed or partitioned area inside an adult entertainment establishment that is:
(1)
Designed or used for the viewing of adult material by one or more persons; and
(2)
Accessible to all persons, regardless of whether a fee is charged for access.
The term "Adult Booth" includes, but is not limited to, a "peep show" booth or other booth used to view adult material. The term "Adult Booth" does not include a foyer through which a person can enter or exit the establishment or a rest room.
(Ord. No. 1999-44, § 1, 8-24-99)
Adult Dancing Establishment: An establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.
(Ord. No. 1999-44, § 1, 8-24-99)
Adult Day Care Center: An establishment which provides day care and activities for adolescents or adults who require supervision due to physical or mental limitations.
(Ord. No. 1999-23, § 1, 5-11-99)
Adult Entertainment Establishment: An adult arcade, adult theater, adult bookstore, adult motel, adult dancing establishment, encounter studio or other establishment other than a private residence, where an employee, operator, owner, customer, member or patron exposes any of his or her specified anatomical areas for viewing by other patrons, or where adult material is provided to customers, patrons or members, including, but not limited to, massage establishment, whether or not licensed pursuant to Chapter 480, F.S., tanning salons, modeling studios or lingerie studios. For the purposes of this code, alcoholic beverage establishments providing adult entertainment shall be included in the definition of "adult entertainment establishment." This definition shall not include educational centers, where the exposure of specified anatomical areas is associated with a curriculum or program.
(Ord. No. 1999-44, § 1, 8-24-99)
Adult Material: One or more of the following, regardless of whether it is new or used:
(1)
Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations; recordings or other audio matter; and novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or
(2)
Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(Ord. No. 1999-44, § 1, 8-24-99)
Adult Motel: A hotel, motel or other public lodging establishment that includes the word "adult" in the name it uses or otherwise advertises the presentation of adult material.
Adult Nightclub: Any establishment which provides food or beverage for consumption on the premises and which features live adult entertainment exposing "Specified Anatomical Areas" for observation by patrons therein.
(Ord. No. 77-48, § 1.08, 9-16-77; Ord. No. 78-33, § 1(1.08), 6-27-78; Ord. No. 85-17, § 1, 3-15-85; Ord. No. 93-3, § 1.05, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Adult Theater: A place or establishment, other than a private residence, that consists of an enclosed building, or portion thereof, or an open-air area used for viewing of adult material. "Adult arcades" and establishments having adult booths are considered to be "adult theaters."
(Ord. No. 77-48, § 1.04, 9-16-77; Ord. No. 93-3, § 1.03, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Adult video store: An adult entertainment establishment that offers adult films or video materials for sale or rent for commercial gain, for viewing off of the premises, unless the establishment demonstrates that the adult material is accessible only by employees and that the gross income from the sale or rental of adult material comprises less than forty percent (40%) of the gross income from the sale or rental of goods or services at the establishment, or that the individual items of adult material offered for sale or rental comprise less than twenty-five percent (25%) of the individual items publicly displayed in the establishment as stock-in-trade and are not accessible to minors in the establishment.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13)
Agricultural uses: The cultivation of crops, groves, thoroughbred and pleasure horse ranches, including horse boarding, private game preserves, fish breeding areas, tree and plant nurseries, cattle ranches, and other similar activities.
(Ord. No. 2000-36, § 1, 8-22-00)
Alcoholic Beverage: For the purpose of this code, the term "alcoholic beverage" shall mean and include any beverage containing more than 1 percent of alcohol by weight.
(Ord. No. 78-33, § 1(1.15), 6-27-78; Ord. No. 93-3, § 1.14, 1-26-93)
Alcoholic beverage establishment: Any bar, lounge, saloon, bottle club, nightclub, private club, package store or any place or premises, other than a private residence or a fast-food or full service restaurant as defined in section 39-221 of this code, where alcoholic beverages are sold or dispensed for consumption by customers, patrons or members on or off of the premises, and not in conjunction with a meal. Establishments which provide only snack foods or prepackaged foods incidental to consumption of alcoholic beverages on the premises shall be considered alcoholic beverage establishments.
(Ord. No. 1999-44, § 1, 8-24-99)
Alley: A public thoroughfare or way, not more than 30 feet in width, and which normally provides a secondary means of access to abutting property.
Alter: "Alter," "altered," or "alteration" shall mean any change in size, occupancy, or use of a building or structure; any repair or modification to a nonconforming building, structure, or use; the erection or placement of any sign; the addition, removal, or modification of any paving or landscaping.
(Ord. No. 93-44, § 3, 11-23-94; Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2015-36 , § 1, 9-10-15)
Animal care facility: A shelter that provides temporary housing and care for seized, stray, and surrendered dogs and cats for the purpose of pet adoption, return to owner or field, or release to rescue, or a clinic that provides sterilization services for owned and unowned dogs and cats.
(Ord. No. 2015-36 , § 1, 9-10-15)
Antenna: A transmitting and/or receiving device and/or relays used for personal wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.
(Ord. No. 1998-35, § 3, 10-13-98)
Apartment, Efficiency: A dwelling unit in a multiple dwelling, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
Art Gallery: A room or building where paintings, pieces of sculpture and other works of art or aesthetic objects are exhibited, or exhibited and sold.
(Ord. No. 84-69, § 1, 9-14-84)
Arterial: A street having that meaning given in § 334.03(1), F.S. (Arterials in Broward County are shown on the Broward County Trafficways Plan.)
(Ord. No. 1999-39, § 1, 6-22-99)
Auditorium: A building or complex of buildings that has facilities for cultural, entertainment, recreational, athletic and convention activities or performances.
(Ord. No. 84-69, § 1, 9-14-84)
Automobile Repair: General repair, rebuilding or reconditioning of engines for motor vehicles.
(Ord. No. 2000-36, § 1, 8-22-00)
Automobile Paint and Body Shop: Incidental body or fender work, other minor body repairs, painting replacement of body parts, collision service, including body, frame or fender straightening or repair, overall painting or paint shop.
(Ord. No. 2000-36, § 1, 8-22-00)
Automobile Wrecking: The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Bar, Lounge or Saloon: Any place devoted primarily to the retailing and consumption on the premises of malt, vinous or other alcoholic beverages not in conjunction with meals or with food prepared on the premises.
(Ord. No. 1999-44, § 1, 8-24-99)
Bed and Breakfast: A building or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with meals, and which also serves as residence of the operator.
(Ord. No. 96-17, § 1, 5-28-96)
Bottle club: Any business or private club which does not hold a State of Florida license for the sale of alcoholic beverages, but which permits its members, patrons or customers to bring or store their own bottles containing alcoholic beverages for consumption on the premises.
(Ord. No. 1999-44, § 1, 8-24-99)
Building: Any structure having a roof and used or built for the shelter or enclosure of persons, animals, or property of any kind. The word "building" shall include the word "structure."
(Ord. No. 96-17, § 1, 5-28-96; Ord. No. 2016-30 , § 2, 10-25-16)
Carports: A private garage not completely enclosed by walls and doors.
Cash-Only Facility: Any clinic, facility, office, or pharmacy that prescribes or dispenses controlled substances listed in Schedule II, Schedule III, or Schedule IV in Section 893.03, Florida Statutes, as amended, and that does not accept medical insurance. A Cash-Only Facility shall be deemed a Pain Management Clinic under Section 39-243.
(2012-09, § 1, 2-28-12)
Certificate of Use: A document issued by the zoning official, after approval of inspections of the premises by Broward County code enforcement officers, officially authorizing buildings, structures or uses consistent with the terms of the zoning code and any other applicable codes and statutes.
(Ord. No. 93-44, § 3, 11-23-93)
Change of occupancy: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
(Ord. No. 2014-19, § 1, 6-10-14)
Charitable organization: An organization determined by the Federal Internal Revenue Service to be a tax-exempt organization, pursuant to Subsection 501(c)(3) of the Internal Revenue Code, that is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose.
(Ord. No. 2014-19, § 1, 6-10-14)
Child Care Center: A place for the day care and instruction of children not remaining overnight.
(Ord. No. 96-17, § 1, 5-28-96)
Civic Center: A building or complex of buildings that house governmental offices and services, which may include cultural, recreational, athletic, convention, and entertainment facilities, owned or operated by a governmental agency.
(Ord. No. 84-69, § 1, 9-14-84; Ord. No. 2014-19, § 1, 6-10-14)
Clothing donation bin: A receptacle or container made of metal or other fire-resistant material designed or intended for the collection and temporary storage of donated clothing.
(Ord. No. 2014-19, § 1, 6-10-14)
Club, Private: Shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, night clubs or other institutions operated as a business.
Code enforcement officer: Any code inspector, code enforcement officer, law enforcement officer, building official, building inspector, fire inspector, zoning inspector, or other person authorized by the County Administrator.
(Ord. No. 93-44, § 3, 11-23-93; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30 , § 2, 10-25-16)
Collocation: The use of a single support structure and/or site by more than one wireless communication provider.
(Ord. No. 1998-35, § 3, 10-13-98)
Combined Parking: An off-street parking facility originally designed, approved and permitted as a single site plan, but which was subsequently subdivided and sold to two or more persons as separate plots.
(Ord. No. 2000-36, § 1, 8-22-00)
Commercial equestrian operations: Commercial riding stables and riding instruction, livery stables, horse training, breeding or boarding facilities.
(Ord. No. 1997-13, § 1, 3-11-97)
Commercial purpose: A purpose that is intended to result in the making of a profit or monetary gain.
(Ord. No. 2012-10, § 1, 2-28-12)
Commercial transaction: Any transaction or activity undertaken by or on behalf of a person or company for a commercial purpose.
(Ord. No. 2012-10, § 1, 2-28-12)
Commercial vehicle: Any vehicle designed, intended, or used for transportation of people, goods, or things, other than private passenger vehicles and recreational vehicles. The term "commercial vehicle" shall include, but is not limited to, the following:
(1)
Semitrailer: All two- or more wheeled vehicles designed to be coupled to and drawn by a motor vehicle.
(2)
Truck: A motor vehicle designed with or modified to contain a bed, platform, cabinet, rack or other equipment for the purpose of carrying items or things or performing commercial activities and weighing 4000 pounds or more. This term includes, but is not limited to, wreckers, tow trucks, dump trucks, utility or service vehicles, and moving vans.
(3)
Truck-tractor: A motor vehicle having four or more wheels and equipped with a fifth wheel for the purpose of drawing a semitrailer.
(4)
Bus: Any vehicle designed or modified for transportation of 10 or more people in seats permanently placed in the vehicle.
(5)
Business vehicle: Any vehicle upon which a business name is displayed. This term includes, but is not limited to, taxis, limousines, ambulances, and vans, but excludes police and security vehicles which are providing security services to the area where the vehicle is parked.
(Ord. No. 90-12, § 8, 6-26-90; Ord. No. 2013-04, § 2, 2-12-13)
Commission or County Commission: The Board of County Commissioners of Broward County.
(Ord. No. 2013-04, § 2, 2-12-13)
Common Open Space: Any area designated on a recorded plat or approved site development plan, not including private or public streets, for joint use by the residents of the development as parking, drives, service areas, tennis courts, recreational buildings, preservation of natural areas, landscaping, drainage areas, and water areas.
(Ord. No. 96-17, § 1, 5-28-96)
Common Party Wall: A solid wall, without any openings, which separates two (2) dwelling units, with no open space between the two (2) units.
(Ord. No. 96-17, § 1, 5-28-96)
Community Residential Facility: A residential building or buildings designed or altered to provide housing, food service, and personal services to persons unrelated to the owner or manager of the facility, and which is licensed by the State of Florida or other government agency for such purposes.
(Ord. No. 96-17, § 1, 5-28-96)
Completely enclosed building: A building separated on all sides from adjacent open space, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
(Ord. No. 2018-06 , § 2, 1-23-18)
Conditional use: A use that is allowed in a particular zoning district, provided certain conditions are met.
(Ord. No. 2018-06 , § 2, 1-23-18)
Contiguous: Directly adjoining; immediately adjacent to; contiguous plots have at least one side of each plot which touches one side of the other plot or plots with no separator between the plots such as a public right-of-way, canal, river, or railroad.
(Ord. No. 95-30, § 20, 11-28-95)
Convalescent Home: An institution for the care of persons recovering physical or mental health and strength after sickness or debility.
(Ord. No. 84-69, § 1, 9-14-84)
Convention Center: A building or complex of buildings designed and arranged to provide a room or rooms for the assembly of groups or organizations for meetings, training seminars, etc., and which may include a public lodging establishment.
(Ord. No. 1999-44, § 1, 8-24-99)
Court Facilities: A room, building or complex of buildings where judicial business is conducted.
(Ord. No. 84-69, § 1, 9-14-84)
Coverage: The percentage of the plot area covered or occupied by buildings or roofed structures or portions thereof. Shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over shall not be included in computing coverage.
Cultural Center: A building or complex of buildings where activities relating to historical, educational, artistic, theatrical, musical or similar interests are performed, conducted or held.
(Ord. No. 84-69, § 1, 9-14-84)
Density: The maximum number of dwelling units permitted on one (1) net acre of property.
(Ord. No. 96-17, § 1, 5-28-96; Ord. No. 2013-04, § 2, 2-12-13)
Department: The Environmental Protection and Growth Management Department, or successor agency.
(Ord. No. 2013-04, § 2, 2-12-13)
Editor's note— Ord. No. 2013-04, § 1, adopted Feb. 12, 2013, changed each instance of "Department of Urban Planning and Redevelopment" throughout this chapter with "Department" which is defined in this section as the Environmental Protection and Growth Management Department.
Developed: Land or water upon which a permitted building, structure, other improvement or use has been constructed or established, excluding solely underground utilities, pipes, wires, cable, culverts, conduits or other similar underground improvements and excluding structure bearing overhead power transmission lines that carry at least five hundred kilovolts (500 KV) of electrical power, provided such lands contain no other buildings or structures.
(Ord. No. 95-30, § 20, 11-28-95; Ord. No. 1999-45, § 8, 8-24-99)
Dinner theater: A full service restaurant within which live theatrical performances are provided on a stage to persons seated at tables and consuming food and beverages during the performances.
(Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2018-06 , § 2, 1-23-18)
Director: The Director of the Planning and Development Management Division, or successor agency.
(Ord. No. 2018-06 , § 2, 1-23-18)
Display: An arrangement of goods reflecting the occupation or business, wares or other objects used or sold on the premises, for the purpose of bringing the subject thereof to the attention of others without the use of a sign.
(Ord. No. 1998-27, § 1, 9-8-98)
District: A portion of the territory of Broward County within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this code.
Division: The Planning and Development Management Division, or successor agency.
(Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2014-19, § 1, 6-10-14; Ord. No. 2018-06 , § 2, 1-23-18)
Donation bin: A receptacle or container designed or intended for the collection and temporary storage of donated items other than clothing.
(Ord. No. 2014-19, § 1, 6-10-14)
Drive-Through Facility: Any place or premises used for the sale or dispensing of products or services to patrons who enter upon the premises in automobiles and purchase products or services through a window or door without leaving their vehicle.
(Ord. No. 96-17, § 1, 5-28-96; Ord. No. 2000-36, § 1, 8-22-00)
Dumpster: A watertight container constructed of impervious material and provided with a cover or covers of like material which is intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials. This term shall not include containers having a maximum capacity of forty (40) gallons or less.
(Ord. No. 95-22, § 1, 6-6-95)
Dwelling: Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.
Dwelling, Detached: A single dwelling unit physically detached from other buildings, dwelling units or structures.
(Eff. 8-27-79)
Dwelling, Group: A building, or part thereof, in which several unrelated persons or families permanently reside, but in which individual cooking facilities are not provided for the persons or families. "Group dwelling" may include a rooming house, fraternity house, sorority house, convent, monastery, or private club in which one (1) or more members have a permanent residence. "Group dwelling" shall not be deemed to include a hotel, motel, tourist home, or trailer camp.
(Ord. No. 2013-04, § 2, 2-12-13)
Dwelling, Multiple-Family: A residential building on a plot, consisting of three (3) or more dwelling units, having at least three (3) common party walls with adjacent dwelling units, except for end or corner units.
(Ord. No. 96-17, § 1, 5-28-96; Ord. No. 2000-36, § 1, 8-22-00)
Dwelling, One-Family: A building with one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for cooking, and including a room or rooms for living, sleeping and eating, and having all areas within the building accessible from the interior of the building. One-family dwellings shall not include group homes, adult congregate living facilities, rooming or boarding houses, or dormitory, fraternity or sorority buildings or facilities.
(Ord. No. 91-3, § 4, 1-21-91)
Dwelling, Two-Family: A building containing two one-family dwellings within a single building. Two-family dwellings shall not include group homes, adult congregate living facilities, rooming or boarding houses, or dormitory, fraternity or sorority buildings or facilities.
(Ord. No. 91-3, § 4, 1-21-91)
Dwelling unit: A room or group of rooms not less than 400 square feet in total floor area, which include a kitchen and sanitary facilities designed to provide complete, long-term living accommodations for one family, with no access to adjoining dwelling units.
(Ord. No. 1997-13, § 1, 3-11-97)
Dwelling Unit, Adult Congregate Living Facility: One room or connected rooms, with kitchen and bathroom facilities, which have access from a common area and constitute a separate independent housekeeping establishment.
Educational Center or School: A premises or site upon which facilities of public or private primary or secondary schools, vocational and technical schools, colleges, and universities licensed by the Florida Department of Education are located, including the areas of buildings, campus open space, dormitories, recreational facilities, and parking.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2016-04 , § 1, 1-26-16)
Emergency Temporary Housing: Temporary living accommodations for individuals or families, whose homes are made uninhabitable by an emergency or a major disaster, that meet the physical accessibility needs of the occupants and include services such as electric, gas, water, and wastewater, and have access to food preparation and bath facilities, so as to allow for occupancy for an extended period of time; generally, up to eighteen (18) months.
(Ord. No. 2016-04 , § 1, 1-26-16)
Emergency Temporary Housing Unit: A manufactured dwelling, prefabricated dwelling, camping trailer, truck camper, motor home, park trailer, or travel trailer, including a fifth-wheel travel trailer.
(Ord. No. 2016-04 , § 1, 1-26-16)
Employment agency, day labor: An establishment which secures primarily temporary employment for persons who assemble at and are transported from the establishment, in the construction trades, property maintenance or unskilled labor fields.
(Ord. No. 1999-23, § 1, 5-11-99)
Encounter Studio: All establishments offering nude encounter sessions between persons, nude dance encounter sessions, or any establishment, other than an adult nightclub, where private nude performances are offered.
(Ord. No. 77-48, § 1.11, 9-16-77; Ord. No. 93-3, § 1.10, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Environmentally Sensitive Lands: Those lands defined as environmentally sensitive in the 1989 Broward County Land Use Plan.
(Ord. No. 2000-03, § 1, 1-25-00; Ord. No. 2013-04, § 2, 2-12-13)
Erected: Built, constructed, reconstructed or moved on or upon any property.
(Ord. No. 1999-45, § 8, 8-24-99)
Escort or Dating Service: An establishment where customers, patrons or members are provided with an escort or companion on a short-term basis, or which arranges for social meetings between two or more people.
(Ord. No. 1999-44, § 1, 8-24-99)
Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, transformer substations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
(Eff. 9-12-75)
Established Grade: The average elevation of the streets abutting the plot.
(Ord. No. 96-17, § 1, 5-28-96)
Family: Any number of persons living together as a single housekeeping unit, whether legally related to each other or not. The persons constituting a family may also include gratuitous guests and domestic servants, but shall not include paying guests.
(Ord. No. 91-3, § 4, 1-29-91)
Family Day Care Home: An occupied residence in which child day care is regularly provided for no more than five preschool children from more than one unrelated family and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed 10.
(Ord. No. 86-16, § 1, 3-11-86)
Farm: The land, buildings, support facilities, machinery, and other appurtenances used in the production of farm and aquaculture products when such land is classified as agricultural pursuant to Section 193.461, Florida Statutes, or has been determined to be a farm pursuant to a determination by the Environmental Protection and Growth Management Department, or successor agency, or a final order of a hearing officer in accordance with Section 5-45 of the Broward County Code of Ordinances. For purposes of this Code, a Medical Marijuana Treatment Center shall not be deemed a farm.
(Ord. No. 2000-18, § 1, 5-22-01; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06 , § 2, 1-23-18)
Farm building or structure: Any building or structure located on a plot classified as a farm, which is used to house or store farm products or materials and equipment necessary to farm operations. A farm structure shall also include fences, walls and hedges along the plot line of a farm.
(Ord. No. 2000-18, § 1, 5-22-01)
Farm operation: All conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production or marketing of farm products.
(Ord. No. 2000-18, § 1, 5-22-01)
Farm product: Any plant, as defined in Section 581.011, Florida Statutes, or any animal, except household pets, useful to humans, including any product derived therefrom; the cultivation of crops and groves; thoroughbred and pleasure horse ranches, including horse boarding; private game preserves; fish breeding areas; tree and plant nurseries; cattle ranches; and other similar activities involving livestock or poultry.
(Ord. No. 2000-18, § 1, 5-22-01; Ord. No. 2013-04, § 2, 2-12-13)
Fire Protection Facilities: A building or complex of buildings that house the offices and services of an organized body of people trained and employed to extinguish fires.
(Ord. No. 84-69, § 1, 9-14-84)
Fireworks: Those combustible or explosive items defined in Section 791.01(4)(a), F.S. which are prohibited for sale at retail.
(Ord. No. 2004-11, § 1, 6-22-04)
First Floor Level: The lowest habitable floor area of a building. This definition shall not include parking garages or floor areas devoted exclusively to mechanical equipment used to energize, heat, cool, or otherwise service the building in which it is located.
(Ord. No. 96-17, § 1, 5-28-96)
Floor Area:
(1)
Where a specified minimum floor area is required in this zoning code for a dwelling, "floor area" shall mean the total gross area within the external perimeter of the exterior enclosing walls, including Florida rooms, sun rooms, and utility rooms, which are fully enclosed and directly accessible from the interior of the dwelling, but excluding other utility rooms, unenclosed porches, terraces, or breezeways, and carports or garages.
(2)
For nonresidential buildings, floor area shall include the total floor area within the exterior enclosing walls, including interior partitions and tenant separation walls. The floor area of upper mezzanines, lofts, and second stories shall be included, provided the ceiling height of such areas is at least seven (7) feet.
(Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2016-04 , § 1, 1-26-16)
Fold-out Shelter: A portable shelter designed to be transported in solid panels or sections for on-site assembly. Fold-out shelters do not have wheels.
(Ord. No. 2016-04 , § 1, 1-26-16)
Food Service Establishment: Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches, salads and other food intended for individual service. The term does not include private homes where food is prepared or served for individual family consumption.
(Ord. No. 82-44, § 1, 8-13-82)
Friction or lap dancing: The use by an employee, whether clothed or partially or totally nude, of a part of the employee's body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of an employee by a person while at the establishment. It shall be considered a "friction or lap dance" regardless of whether the touch or touching occurs while the employee is displaying or exposing a specified anatomical area. It shall also be considered a "friction or lap dance" regardless of whether the touch or touching is direct or through a medium.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13)
Frontage of a Building: Shall mean the side or wall of a building approximately parallel and nearest to a street.
Frontage of Property: Shall mean the plot line which abuts a street or separates the plot from a street.
Garage, Private: An accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.
Governmental Administration: A building or complex of buildings that house the administrative offices of any department, commission, district, authority, board, independent agency or instrumentality of the United States, the State of Florida, county, incorporated or unincorporated municipality, or any other governmental unit.
(Ord. No. 84-69, § 1, 9-14-84)
Grouped Buildings: Two or more buildings for dwelling purposes erected or placed on the same plot.
(Ord. No. 80-92, § 2, 10-17-80)
Guyed tower: A wireless communication tower that is supported, in whole or in part, by guy wires and ground anchors.
(Ord. No. 1998-35, § 3, 10-13-98)
Habitable room area: The total floor area of a dwelling unit excluding closets, bathrooms, garages, utility rooms, storage areas, and rooms not accessible from the interior of the dwelling unit.
(Ord. No. 1997-13, § 1, 3-11-97)
Hazardous Substances: Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any person handling or using or otherwise dealing with such material or substances.
Health Clinic: A public or private facility, which staff includes state-licensed physicians and nurses, which provides health-related services or treatment designed to prevent medical problems, maintain a healthful condition, or restore an individual to a condition of health.
(Ord. No. 84-69, § 1, 9-14-84)
Hearing Officer: A member of the Florida Bar who shall conduct hearings in accordance with the provisions of this Chapter.
(Ord. No. 2005-17, § 2, 6-28-05)
Height of Building: The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
Holiday Wayside Stand: A temporary outside sales location for the retail sale of holiday items associated with the particular holiday for which the location is established, and not associated with or part of any existing use on the plot upon which it is located.
(Ord. No. 96-17, § 1, 5-28-96)
Home Office: An office designed for and operated as a business location in a dwelling unit, and carried on by persons residing in the dwelling unit involving only written correspondence, phones, computers, or other common office equipment, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Home offices shall preclude any business operation which requires or permits customers or patrons to visit the dwelling.
(Ord. No. 96-17, § 1, 5-28-96)
Homeowners' association: An incorporated, nonprofit organization operating in a residential cluster, townhouse cluster, or planned unit development (PUD) under recorded agreements through which each lot owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance costs levied against the association by the County; and each owner or tenant has the right to use the common property.
(Eff. 8-27-79; Ord. No. 2013-04, § 2, 2-12-13)
Hospital: An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.
(Ord. No. 84-69, § 1, 9-14-84)
Hotel: A public lodging establishment where access to the rooms is primarily through an inside lobby.
(Ord. No. 1999-44, § 1, 8-24-99)
Household Pet: An animal kept for pleasure, rather than for utility, by a family, within the family's dwelling unit or on the same plot as the family's dwelling unit. The term shall include one (1) non-breeding Vietnamese pot-bellied pig on a plot of land which is at least 35,000 square feet.
(Ord. No. 1997-13, § 1, 3-11-97; Ord. No. 1998-28, § 1, 9-28-98)
Impervious: Any nonorganic material which prohibits penetration by liquids or other soluble materials.
(Ord. No. 95-22, § 1, 6-6-95)
Industrially zoned property: Any land or water area which has a zoning district classification of M-1, M-2, M-3, or M-4 under this code.
(Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2013-04, § 2, 2-12-13)
Junkyard: Place, structure or lot where junk, waste, discarded salvage, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold or exchanged, baled, packed, disassembled or handled, including auto wrecking yards, used lumber yards, housewrecking yards and yards or places for storage or handling of salvaged house wrecking and structural steel materials. This definition shall not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household good and appliances. nor shall it apply to the processing of used, discarded or salvaged materials as part of manufacturing operations.
Kennel: Any place or premises where dogs or cats are boarded or bred for commercial gain.
(Ord. No. 1999-45, § 8, 8-24-99)
Kitchen: A room or area within a building used primarily for providing food storage and food preparation which contains at least a sink, refrigerator and conventional gas or electric cooking facilities.
(Ord. No. 86-27, § 1, 6-24-86)
Land, Platted: Any land recorded by plat in the Official Records of Broward County, Florida.
(Ord. No. 2013-04, § 2, 2-12-13)
Land, Unplatted: Any land or part thereof not recorded by plat in the Official Records of Broward County, Florida.
(Ord. No. 2013-04, § 2, 2-12-13)
Library: A building or room in which literary, musical, artistic or reference materials, such as books, manuscripts, recordings, films, paintings, etc., are kept for public use.
(Ord. No. 84-69, § 1, 9-14-84)
Livestock : Grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ruminants, ostriches, emus, and rheas.
(Ord. No. 2000-18, § 1, 5-22-01; Ord. No. 2013-04, § 2, 2-12-13)
Local Planning Agency (LPA): The entity as defined in Subsection 5-115(b) of the Broward County Code of Ordinances.
(Ord. No. 2013-04, § 2, 2-12-13)
Lot: A parcel or tract of land designated and identified as a single unit of area in a subdivision plat recorded in the Official Records of Broward County, Florida.
(Ord. No. 2013-04, § 2, 2-12-13)
Manufactured Dwelling: A housing unit constructed to the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD) and displaying a red certification label on the exterior of each transportable section. Manufactured dwellings are dwellings built in the controlled environment of a manufacturing plant and transported in one (1) or more sections on a permanent chassis.
(Ord. No. 2016-04 , § 1, 1-26-16)
Massage establishment: Any shop, parlor, establishment, or place of business wherein all or any one (1) or more of the following named subjects and methods of treatments are administered or practiced:
(1)
Oil rubs; salt glows; hot or cold packs; all kinds of baths, including steam rooms, cabinet baths, and sitz baths; colon irrigations; and body massage, either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy) and by applying such movements as striking, friction, rolling, vibration, kneading, cupping, or rubbing.
(2)
Nothing in this code shall be construed as applying to State of Florida licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists' assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or as an accessory use to fitness centers or gymnasiums, or their agents, servants or employees acting in the course of such agency, service or employment.
(Ord. No. 78-33, § 2(1.09), 6-27-78; Ord. No. 93-3, § 1.08, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06 , § 2, 1-23-18)
Medical Marijuana Treatment Center ("MMTC"): A facility, including its contractual agents, that meets the requirements of Section 381.986, Florida Statutes, and Chapter 64-4, Florida Administrative Code, and that has applied to and been authorized by the Florida Department of Health to cultivate, process, transport, and dispense marijuana. There are three (3) types of MMTCs:
(1)
Cultivation Facility: An indoor area designated in the MMTC's place of business to be used for cultivation of marijuana.
(2)
Processing Facility: An indoor area designated in the MMTC's place of business to be used for processing of marijuana.
(3)
Dispensing Facility: An indoor area designated in the MMTC's place of business where marijuana is dispensed at retail.
(Ord. No. 2018-06 , § 2, 1-23-18)
Microwave Dish Antenna: A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.
(Ord. No. 1998-35, § 3, 10-13-98)
Mobile Collection Center: A trailer or mechanical depository used for the collection and temporary storage of aluminum cans or other aluminum products, paper or clothing material.
(Ord. No. 86-35, § 1, 8-26-86)
Mobile food unit: Any vehicle-mounted food service establishment, except a mobile food unit limited to the preparation and sale of frankfurters, which is self-propelled or otherwise movable from place to place, meeting all applicable requirements of the Florida Administrative Code, Chapter 61C-4.0161, and the Broward County Code of Ordinances, and which does not remain in one (1) location for more than one (1) hour.
(Ord. No. 82-44, § 1, 8-13-82; Ord. No. 2013-04, § 2, 2-12-13)
Mobile food unit limited to the preparation and sale of frankfurters: A vehicle-mounted food service establishment, except a mobile food unit, which is self-propelled or otherwise movable from place to place and which use is limited to the preparation and sale of frankfurters and related condiments, which meets all applicable requirements of the Florida Administrative Code, Chapter 61C-4.0161, and the Broward County Code of Ordinances, and does not remain in any one (1) location for more than eight (8) hours or overnight.
(Ord. No. 82-44, § 1, 8-13-82; Ord. No. 2013-04, § 2, 2-12-13)
Modeling and lingerie studio: An establishment which offers persons the opportunity to photograph models who are clothed in lingerie or which offers encounter sessions with models who are clothed in lingerie.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13)
Monopole Tower: A wireless communication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors.
(Ord. No. 1998-35, § 3, 10-13-98)
Mooring Pilings: Any appliance used to secure a vessel, other than to a pier or dock, which is not carried aboard such vessel as regular equipment when under way.
(Ord. No. 88-17, § 1, 4-26-88; Ord. No. 96-17, § 1, 5-28-96)
Motel: A public lodging establishment where access to the individual units is primarily from the exterior of the building, and parking facilities for use of guests are near their quarters.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2016-04 , § 1, 1-26-16)
Municipal Services District: The unincorporated area of Broward County.
(Ord. No. 2016-04 , § 1, 1-26-16)
Museum: A building or room devoted to the procurement, care, study or display of antiques, objects of historical, scientific or cultural interests, or other objects of lasting interest or value.
(Ord. No. 84-69, § 1, 9-14-84)
Neighborhood:
(1)
A contiguous group of buildings and uses separated from other groups of buildings and uses by boundaries such as waterways, major arterials, expressways, or municipal boundaries; or
(2)
A contiguous group of buildings and uses, the occupants or owners of which are part of an established homeowners' or business owners' association.
(Ord. No. 1999-39, § 1, 6-22-99; Ord. No. 2013-04, § 2, 2-12-13)
Nightclub: A restaurant, dining room, bar or other similar establishment providing food and beverage for consumption on the premises wherein floor shows or other forms of live entertainment by persons are provided for guests not necessarily during food or beverage consumption on the premises.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2000-36, § 1, 8-22-00)
Noncommercial speech: Speech not intended to facilitate a commercial transaction or purpose.
(Ord. No. 2012-10, § 1, 2-28-12)
Noncommercial speech activity: An activity occurring in conjunction with and related to noncommercial speech.
(Ord. No. 2012-10, § 1, 2-28-12)
Nonconforming Structure: A structure or portion thereof, legally existing at the effective date of this code, or any amendments thereto, which does not comply with dimensional requirements such as setbacks, heights, buffers, plot coverage, amount of off-street parking, etc. and which may or may not be used for a nonconforming use.
(Ord. No. 2000-36, § 1, 8-22-00)
Nonconforming Uses: The use of a structure or premises, existing at the effective date of this code, or any amendment thereto, for any purpose not permitted for a new use in the district in which it is located.
Nonprofit Neighborhood Social and Recreational Facility: A building or plot of land devoted entirely to providing social activities and services only for the residents, and their guests, of the subdivision or neighborhood where the building or plot is located.
(Ord. No. 1997-13, § 1, 3-11-97)
Nonresidential zoning districts: All zoning districts except A-1, A-2, E-1, E-2, Rural Estates, Rural Ranches, residential PUD, residential PDD, R-1B, R-1C, R-1P, D-1, R-2, R-2P, RD-4 to RD-10, R-3, R-3U, R-5 RM-5 to RM-25, T-1, R-1T, RS-2 to RS-6.
(Ord. No. 1998-35, § 3, 10-13-98; Ord. No. 1999-39, § 1, 6-22-99; Ord. No. 2000-36, § 1, 8-22-00)
Not-for-Profit Corporation: A corporation of which no part of the corporate income is distributable to its members, directors or officers as defined by Chapter 617, F.S.
(Ord. No. 84-69, § 1, 9-14-84)
Nursing Home: An establishment, which staff includes state-licensed physicians and nurses, where nursing care, personal care, or custodial care is provided to three or more unrelated persons who are unable to care for themselves properly by reason of illness, physical infirmity or advanced age, and is licensed pursuant to state law.
(Ord. No. 84-69, § 1, 9-14-84)
Occupied: The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.
Off-street Parking: The temporary, transient storage of operable private passenger vehicles used for personal transportation, while their operators are engaged in other activities, in an area designated for such purposes, not on a street or other thoroughfare. It shall not include storage of new or used cars for sale, service, rental or any other purpose than specified above.
(Ord. No. 96-17, § 1, 5-28-96)
Opaque: Any nontranslucent, nontransparent, nonliving material which provides a visual barrier from one side to the other.
(Ord. No. 95-22, § 1, 6-6-95)
Open Area: A portion of the total site, lot or parcel not including the area covered by buildings and structures.
(Eff. 8-27-79)
Outdoor Event: A carnival, circus, concert, or festival shall be classified as an outdoor event if it has mechanical rides or amplified music or sounds. Commercial promotions, shows, sales, and other similar types of events providing entertainment or food service shall also be classified as outdoor events. Advertised events held outdoors involving mechanical rides, amplified music or sounds, or food service shall also be classified as outdoor events.
(Ord. No. 1997-52, § 1, 12-9-97; Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2016-04 , § 1, 1-26-16)
Owner-Builder: The owner of single-family or two-family residential property, when the owner is acting as the contractor for improvement(s) to the single-family or two-family residence and the owner is providing direct, onsite supervision of all work performed to the residence by contractor(s) appropriately licensed pursuant to Chapter 9 of the Broward County Code of Ordinances or Chapter 489, Florida Statutes. To be classified as an owner-builder, the single-family or two-family residence must be improved for use by the owner and no portion of the single-family or two-family residence may be sold or leased by the owner for one (1) year after completion of the improvement(s), as evidenced by a final inspection of the building permit(s).
(Ord. No. 2016-04 , § 1, 1-26-16)
Package store: An establishment where the sale of alcoholic beverages in containers for consumption off the premises is the predominant purpose of the establishment.
(Ord. No. 1999-44, § 1, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13)
Pain Management Clinic: Any clinic, facility, or office that is required to be registered with the Florida Department of Health pursuant to Section 458.3265 or 459.0137, Florida Statutes, as amended. A Pain Management Clinic shall also include a Cash-Only Facility, as that term is defined in this section.
(Ord. No. 2011-09, § 2, 5-24-11; 2012-09, § 1, 2-28-12)
Panel Antenna: An array of antennas designed to concentrate a radio signal in a particular area.
(Ord. No. 1998-35, § 3, 10-13-98)
Person: Any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, or any combination thereof, or other entity.
(Ord. No. 78-33, § 1(1.12), 6-27-78; Ord. No. 93-3, § 1.11, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Place of Worship: A building, or part thereof, designed and arranged for religious services, on land held in fee simple ownership or on a long-term lease, a minimum of five (5) years duration, by a chartered religious organization, which utilizes the building for regular, continuing religious services.
(Ord. No. 1999-44, § 1, 8-24-99)
Plot: Land occupied or to be occupied by a building or use, and their accessory buildings and accessory uses, together with such yards and open spaces as are required by this code. A plot may consist of one, or more, or portions of a platted lot and/or unplatted land.
Plot, Corner: A corner plot is a plot of which at least 2 adjacent sides abut for their full length upon a street, provided that such 2 sides intersect at an interior angle of not more than 135 degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.
Plot, Interior: A plot other than a corner plot.
Plot, Through: A plot abutting on two streets, not at their intersection, if any, which may be either a corner or interior plot.
Plot Depth: The mean horizontal distance between the front and rear plot lines.
Plot Width: The horizontal distance between the side plot lines at the depth of the required front yard.
Plot Line, Front: The line dividing a plot from a street or base building line, whichever will result in a lesser depth of plot. On a corner plot the shorter of the two front lines as above defined shall be considered to be the front plot line for the purposes of determining required plot width and required front yard depth. On a corner plot where both front plot lines as above defined are equal or within five feet of the same length, both such lines shall be considered to be front plot lines for the purposes of determining required street yard depth. On through lots, both front plot lines as above defined shall be considered to be front plot lines for the purpose of determining required yards.
Plot Line, Rear: The plot line opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot wherein the 2 side plot lines converge in the rear, the rear plot line shall be considered to be a line 10 feet in length within the plot parallel to and at the maximum distance from the front plot line.
Plot Line, Side: Any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a side street plot line. A side plot line separating a plot from another plot or plots is called an interior or side plot line.
Plot Line, Street or Alley: A plot line separating the plot from a street or alley.
Police Protection Facilities: A building or complex of buildings that house the offices and services of a state, county or municipal police force responsible for keeping public order.
(Ord. No. 84-69, § 1, 9-14-84)
Porch: A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.
Poultry: Any chickens, turkeys, ducks, geese, peafowl, or guinea fowl.
(Ord. No. 2016-04 , § 1, 1-26-16)
Prefabricated Dwelling: A unit that is factory-built or built on-site from modular parts and does not have wheels.
(Ord. No. 2016-04 , § 1, 1-26-16)
Principal building: A building occupied by and devoted to a permitted principal use.
(Ord. No. 1998-31, § 1, 9-8-98)
Private Performance: The display or exposure of a specified anatomical area at an adult entertainment establishment for a person other than another employee while the person is in an area within the establishment not accessible during such display or performance to other persons in the establishment, or while the person is in an area in which the person is screened or partitioned during such display from the view of other persons within the establishment.
(Ord. No. 1999-44, § 1, 8-24-99)
Private property: All lands and water areas owned by other than a municipality, county, state or federal government or any of its subdivisions.
(Ord. No. 1999-45, § 8, 8-24-99)
Property owner: The person or entity holding title to real property as indicated on the current tax roll of Broward County, unless the Planning and Development Management Division, or successor agency, has actual knowledge that a person or entity other than the person or entity shown on the tax roll is the actual owner.
(Ord. No. 1999-45, § 8, 8-24-99; Ord. No. 2005-17, § 2, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15 , § 1, 4-10-18)
Public or Private Facility: Means 1 or more dwelling units in a single structure on a single lot or parcel of record, regularly occupied by no more than 16 related or unrelated minors or adult persons and operated by public service agency or private care agency in accordance with section 39-185 of this code. This definition shall not include adult congregate living facilities.
(Ord. No. 80-92, § 1, 10-17-80; Ord. No. 86-27, § 1, 6-24-86)
Public lodging establishment: Any group of rooms or dwelling units within a single building, or on a single plot of record held in single ownership, which are rented to transient guests more than three (3) times in a calendar year; which are advertised to the public as a place regularly rented to transient guests; which are required to maintain a guest register and post room rates in each room or dwelling unit rented; and which must be inspected and licensed by the Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation in accordance with Chapter 509, Florida Statutes.
(Ord. No. 1997-13, § 1, 3-11-97; Ord. No. 2013-04, § 2, 2-12-13)
Public property: All streets, canals, waterways, lands, and improvements owned by a governmental agency including, but not limited to, rights-of-way, but excluding the campus of any institution of the State university system.
(Ord. No. 1999-45, § 8, 8-24-99)
Pyrotechnical items: Those items not defined as "fireworks" pursuant to Subsections 791.01(4)(b) and (c), Florida Statutes, which are permitted to be sold at retail stores in accordance with the provisions of this code.
(Ord. No. 2004-11, § 1, 6-22-04; Ord. No. 2013-04, § 2, 2-12-13)
Quarry: A place where natural materials or deposits are excavated for use as building materials, road materials, land fill, etc. at a different location. The excavation of materials for use on the premises where the excavation occurs shall not be included in this definition.
(Ord. No. 1997-13, § 1, 3-11-97)
Rafting: "Rafting," as used in this code, shall mean the intentional lashing or tying of two or more vessels side by side, amidships, for more than 2 hours while one of the vessels is docked at, moored or tied up to any private dock, seawall, wharf, mooring or dolphin pole.
(Ord. No. 88-17, § 1, 4-26-88)
Recreational vehicle: "Recreational vehicle," as used in this code, shall mean one (1) of the following:
(1)
Camping trailer: A vehicular, portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the site, providing temporary living quarters for recreational, camping, or travel use.
(2)
Truck camper: A truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use.
(3)
Motor home: A vehicular unit which does not exceed the length and width limitations provided in Section 316.515, Florida Statutes, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.
(4)
Park trailer: A transportable unit in a travel trailer park which has a body width not exceeding twelve (12) feet, is built on a single chassis, and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimensions and including any bay window that extends to the floor line, does not exceed five hundred (500) square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest the drawbar and coupling mechanism) to the exterior of the rear body (at the opposite end of the body), including any protrusions.
(5)
Off-road vehicle: A motorized vehicle designed and intended solely for recreational activities and not as a means of transportation on public streets.
(6)
Travel trailer, including fifth-wheel travel trailer: A vehicular, portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than eight and one-half (8.5) feet and an overall body length of no more than forty (40) feet when factory-equipped for the road.
(Ord. No. 87-32, § 1, 6-23-87; Ord. No. 90-12, § 8, 6-26-90; Ord. No. 2000-36, § 1, 8-22-00; Ord. No. 2013-04, § 2, 2-12-13)
Recycling facility: A place, other than an auto wrecking or auto salvage yard, where used or discarded materials are sorted, dismantled, baled or packaged, and subsequently either sold or processed for use as new materials or products.
(Ord. No. 2000-36, § 1, 8-22-00)
Region: A broad geographical area encompassing at least several contiguous neighborhoods, municipalities, or a combination of either or both.
(Ord. No. 1999-39, § 1, 6-22-99)
Rehabilitation Center: A public or private facility which provides specialized services or treatment designed to restore an individual to a condition of health or useful and constructive activity.
(Ord. No. 84-69, § 1, 9-14-84)
Remodeling, redecorating, or refinishing: Any change, removal, replacement, or addition to walls, floors, ceiling and roof surfaces, or coverings which do not support any beams, ceilings, floor loads, bearing partitions, columns, exterior walls, stairways, roofs, or other structural elements of a building or structure.
(Ord. No. 2013-04, § 2, 2-12-13)
Residence: A building, or part thereof, designed and used as the primary dwelling place for a person or persons, containing living, sleeping, kitchen and sanitary facilities.
(Eff. 12-4-78; Ord. No. 2000-36, § 1, 8-22-00)
Residentially Zoned District: A-1, A-2, E-1, E-2, D-1, Rural Estates, Rural Ranches, RD-4 through RD-10, RS-2 through RS-6, RM-5 through RM-25, R-1B, R-1C, R-1P, R-2P, R-2, R-3, R-5, T-1, R-1T, shall constitute residentially zoned districts in the unincorporated areas of Broward County, as well as any district in any municipality which permits residences as a principal use.
(Ord. No. 78-33, § 1(1.13), 6-22-78; Ord. No. 90-12, § 8, 6-26-90; Ord. No. 93-3, § 1.12, 1-26-93; Ord. No. 1998-27, § 1, 9-8-98; Ord. No. 1999-39, § 1, 6-22-99; Ord. No. 2000-36, § 1, 8-22-00)
Resort: A public lodging establishment which provides recreational facilities and entertainment for guests. This term shall also include facilities which provide physical or psychological therapeutic services in conjunction with recreation and entertainment.
(Ord. No. 1999-44, § 1, 8-24-99)
Restaurant: A building or room, not operated as a dining room in connection with a hotel, where food is prepared and served for paid consumption on the premises.
(Ord. No. 2013-04, § 2, 2-12-13)
Retail store: A commercial establishment for the sale of merchandise directly to the ultimate consumer.
(Ord. No. 1999-23, § 1, 5-11-99)
Roof Line: The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof.
(Ord. No. 1998-27, § 1, 9-8-98; Ord. No. 2012-22, § 1, 6-26-12)
Rooftop Photovoltaic Solar System: A system which uses one (1) or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface or rack-mounted on a flat roof, to convert sunlight into electricity.
(Ord. No. 2012-22, § 1, 6-26-12)
Room: An unsubdivided portion of the interior of a building, having a floor area of eighty (80) square feet or more, intended or adapted for living, sleeping, working or storage purposes.
(Ord. No. 2000-36, § 1, 8-22-00)
Self-Support/Lattice Tower: A wireless communication tower that is constructed without guy wires and ground anchors.
(Ord. No. 1998-35, § 3, 10-13-98)
Service Station: Any building or land used for retail sales and dispensing of automobile fuels and oils. A service station may furnish convenience products, supplies, equipment and automobile repair services, including tires, to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.
(Eff. 10-9-78; Ord. No. 2000-36, § 1, 8-22-00)
Setback: The minimum distance between a plot line and any part of any building or structure on the plot.
(Ord. No. 96-17, § 1, 5-28-96)
Shopping Center: A group of 3 or more individual tenant spaces in a nonresidential building, each of which share at least one common wall with another unit.
(Ord. No. 1999-23, § 1, 5-11-99)
Shopping Center Outparcel: A commercial building, which provides its own required parking, landscaping and pervious areas, which is contiguous on at least two sides to a shopping center.
(Ord. No. 1999-23, § 1, 5-11-99)
Side Yard, Street: A yard extending between a front and rear yard which directly abuts a street.
(Ord. No. 96-17, § 1, 5-28-96)
Editor's note— Ord. No. 1998-27, § 1, adopted Sept. 8, 1998, repealed definitions relating to signs ( Signs — Signs, Wall ). New definitions pertaining to signs were enacted as section 39-51 of this Code.
Specified Anatomical Areas:
(1)
Less than completely and opaquely covered:
a.
Human genitals and pubic region;
b.
Cleavage of the human buttocks;
c.
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; this definition shall include the entire lower portion of the female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed; or
(2)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. No. 77-48, § 1(1.07), 9-16-77; Ord. No. 85-17, § 1, 3-15-85; Ord. No. 93-3, § 1.06, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Specified Sexual Activities:
(1)
Human genitals in a state of sexual stimulation or arousal or tumescence;
(2)
Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy;
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts;
(4)
Excretionary functions as part of or in connection with the activities set forth in subsections (1), (2), and (3); or
(5)
Friction or lap dancing.
(Ord. No. 93-3, § 1.07, 1-26-93; Ord. No. 1999-44, § 1, 8-24-99)
Stealth Facility: Any wireless communication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and wireless communication and/or personal wireless services towers designed to look like light poles, power poles or trees.
(Ord. No. 1998-35, § 3, 10-13-98)
Story: A habitable area of a building horizontally enclosed by the exterior walls of the building, with a vertical clearance between the floor and ceiling of at least seven and one-half (7½) feet. Any upper story which does not exceed two-thirds of the area of the first floor level shall not be considered a story except for determining the height of the building. For the purposes of determining the height of a building, a story shall be considered to be every ten (10) feet of building height above first floor level measured from the exterior elevation. For purposes of determining the height of a structure other than a building, a story shall be each ten (10) feet in height of the structure above the established grade.
(Ord. No. 96-17, § 1, 5-28-96; Ord. No. 1998-27, § 9-8-98)
Street: A public thoroughfare or any other vehicular accessway recorded in the public records of Broward County, Florida, for the sole purpose of providing access to and from abutting properties, and which is at least fifty (50) feet in total width.
(Ord. No. 96-17, § 1, 5-28-96)
Street Line: Shall mean the right-of-way line of a street or the base building line, whichever will provide for a greater width of street.
Structural Alteration: Any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.
Structure: Anything built or constructed, which requires location on the ground or which is attached to something having a location on the ground.
(Ord. No. 2013-04, § 2, 2-12-13)
Temporary living quarters and seasonal or temporary living quarters: As used herein shall, in reference to recreational vehicles placed in recreational vehicle parks, relate to the period of time the recreational vehicle is occupied as a living quarter during each year and not to the period of time it is located in the recreational vehicle park. During the time the recreational vehicle is not occupied as temporary or seasonal quarters it may be stored and tied down, as required by code, on the recreational vehicle site. The affixing of a recreational vehicle to the ground, by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms and similar appurtenances by way of removable attaching devices shall not render the recreational vehicle a permanent part of the recreational vehicle site.
(Ord. No. 2000-36, § 1, 8-22-00)
Temporary wayside stand: Any portable facility, other than a mobile food unit or mobile food unit limited to the preparation and sale of frankfurters, such as a vehicle, table, bin, awning, canopy, booth, bench, or any other type of display area situated on, or adjacent to, a public or private street or road right-of-way whereupon there are no sanitary facilities or off-street parking facilities as required by the Florida Building Code and the Broward County Code of Ordinances, and which portable facility is utilized for the purpose of selling, offering for sale, or dispensing any item to the general public.
(Ord. No. 82-44, § 1, 8-13-82; Ord. No. 2013-04, § 2, 2-12-13)
Tent: Any structure or enclosure, the roof of which and/or one half or more of the sides, are silk, cotton, canvas, fabric or light material.
Timeshare: A building consisting of three (3) or more individual dwelling units, where each dwelling unit is purchased, owned or sold to more than one owner on the basis of a specified amount of time that the unit can be occupied by each owner.
(Ord. No. 96-17, § 1, 5-28-96)
Townhouse: A one-family dwelling constructed as part of a series or group of attached dwellings with a common party wall or fire separation wall connecting each dwelling unit and with a property line running through the center of the common party wall or fire separation wall. Dwellings attached only by an open breezeway; or other unroofed wall or fence are not included in this definition.
(Ord. No. 96-17, § 1, 5-28-96)
Trailer: A manufactured structure inspected, approved and licensed by the State of Florida Department of Motor Vehicles, constructed so as to permit occupancy thereof as sleeping or living quarters, or use for storage or conveyance for tools, equipment or machinery on a construction site, and so designed that it is or may be mounted on wheels and conveyed on highways and streets, propelled or drawn by other motive power from one location to another.
(Ord. No. 87-33, § 1, 6-23-87)
Translucent: Any material which allows the passage of light, but does not permit a clear view of any object or person.
(Ord. No. 96-17, § 1, 5-28-96)
Transportation facilities: Transportation facilities shall include airports, heliports, shipping docks, railroad or bus terminals and all other such facilities which provide for mass public transportation or freight services.
(Ord. No. 1999-24, § 1, 5-11-99)
Use: The purpose of which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained.
Use (v.): "Use" or "used" shall mean the establishment of a new use, or any expansion or change of an existing use, of a building, structure or part thereof, or of any land or water area.
(Ord. No. 93-44, § 3, 11-23-93)
Use of Land: Includes use of water surfaces and land under water to be the extent covered by zoning districts, and over which Broward County has jurisdiction.
Use, Nonresidential: Any use other than a residential use.
(Ord. No. 2000-36, § 1, 8-22-00)
Use, Principal or Main: The primary use of the plot as distinguished from secondary or accessory uses. There may be more than one principal or main use on a plot.
Use, Residential: A use which constitutes the occupancy of a building for dwelling purposes, either permanently or temporarily, except for hotels, motels, timeshares, or other public lodging establishments.
(Ord. No. 2000-36, § 1, 8-22-00)
Variance: A modification of, or deviation from, the regulation of the zoning code which is authorized and approved by the hearing officer after the hearing officer finds that the literal application of the provisions of the code would cause unnecessary hardship or practical difficulty in the use or development of a specific plot or building.
(Ord. No. 2005-17, § 2, 6-28-05)
Vessel: Shall mean every kind, type and description of boat, ship, watercraft or airboat, used or capable of being used as a means of transportation on water, other than seaplanes.
(Eff. 12-4-78)
Waterway: A stream, canal or body of water, dedicated to public use, publicly owned, or used and available for public travel by boats, not including privately owned bodies of water or drainage ditches.
Wayside Stand: A structure designed and used for the sale or display of farm products produced on the premises on which said structure is located.
(Ord. No. 82-44, § 1, 8-13-82)
Whip Antenna: A cylindrical antenna that transmits signals in 360 degrees.
(Ord. No. 1998-35, § 3, 10-13-98)
Wholesale store: A commercial establishment primarily for the sale of merchandise directly to the ultimate consumer, but which also provides for the resale of new merchandise to other commercial enterprises as an accessory use.
(Ord. No. 1999-23, § 1, 5-11-99)
Wildlife Pets: Shall include only those animals that have been designated as endangered species, threatened species, or species of special concern by the State of Florida or federal government. This definition shall not include any dangerous or poisonous animal of the reptile or amphibian species.
(Ord. No. 81-7, § 1, 2-13-81)
Wireless Communication Facility: An antenna, stealth facility or wireless communication tower.
(Ord. No. 1998-35, § 3, 10-13-98)
Wireless Communication Tower: A guyed, monopole or self-support/lattice tower, constructed as a free-standing structure, containing one or more antennas, used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the Federal Communications Commission (FCC), private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes.
(Ord. No. 1998-35, § 3, 10-13-98)
Yard: A space on the same plot with a structure or use, open and unobstructed from the ground to the sky, except by encroachments specifically permitted in the zoning code. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective plot lines.
(Ord. No. 2013-04, § 2, 2-12-13)
Yard, Front: A yard extending across the full width of the plot between the front plot line and the nearest line of the main use or main building on the plot.
Yard, Rear: A yard extending across the full width of the plot between the rear plot line and nearest line of the main building.
Yard, Required: "Required yard," as used in this code, shall mean the minimum yard required by the zoning code. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.
(Ord. No. 2013-04, § 2, 2-12-13)
Yard, Side: A yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building or use on the plot. The width of a side yard shall be the shortest distance between the side plot line and the nearest use or building on the plot.
Yard Sale: The sale of a residential occupant's personal or household belongings to the public from the occupant's residence, either inside or outside of the building.
(Ord. No. 96-17, § 1, 5-28-96)
Zoning Code or Code: The zoning regulations set forth in Chapter 39 of the Broward County Code of Ordinances.
(Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06 , § 2, 1-23-18)
Zoning official: The director of the Planning and Development Management Division, or successor agency, or designee.
(Ord. No. 93-44, § 3, 11-23-93; Ord. No. 2005-17, § 2, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06 , § 2, 1-23-18)