§ 39-313. Limitations of uses.  


Latest version.
  • (a)

    Accessory dwellings. Accessory dwellings shall be permitted only for caretaker or security quarters for the property where the dwelling is located, subject to the availability and allocation of reserve units in accordance with the Future Unincorporated Area Land Use Element. Except as specified for self-storage warehouses in subsection (t) of this section, each dwelling unit shall not exceed one thousand five hundred (1,500) square feet in gross floor area, shall not be less than four hundred (400) square feet in gross floor area, and shall not exceed fifty percent (50%) of the gross floor area of the building where the unit is located, whichever is less. Such dwelling units shall be located within the building to which the dwelling is accessory, on an upper story of the building.

    (b)

    Auto repair garages. Any building used for automobile repair, including paint and body shops, and any storage area for vehicles being or to be repaired, shall be located at least fifty (50) feet from any residentially-zoned property and shall be screened from the residentially-zoned property by a fence or hedge as specified in section 39-307(e)(8). Any outside areas used for repairs shall be considered additional work bays which shall be delineated on the approved site plan and which shall require the appropriate amount of offstreet parking.

    (c)

    Automobile, truck and recreational vehicle salvage or wrecking yards; junkyards.

    (1)

    The minimum plot size for any salvage or wrecking yard or junkyard shall be one net acre.

    (2)

    All operations, activities, display and storage, with the exception of an office building or other enclosed building, shall be completely surrounded by an opaque wall at least six (6) feet in height, with openings only for ingress and egress of pedestrians and vehicles. Such openings shall be equipped with opaque or translucent gates the same height as the wall.

    (3)

    No salvaged vehicles or parts, or any other scrap or salvaged materials shall be stored in such a manner that exceeds the height of the enclosing wall.

    (4)

    Required off-street parking shall be maintained on the exterior of any area used for salvage operations, display or storage of parts, vehicles or scrap or salvaged materials and shall comply with all requirements of Article XII, "Off-street Parking and Loading" of this Chapter.

    (5)

    No salvage or wrecking yard or other junkyard shall be located within three hundred (300) feet of any residentially-zoned district.

    (6)

    All existing salvage or wrecking yards shall comply with all requirements of this article within two (2) years of the effective date of this article. All existing junkyards shall comply with the requirements of this article by December 31, 2002.

    (d)

    Boarding or breeding kennels. Boarding or breeding kennels shall not be permitted on any plot which is contiguous to any residentially-zoned district, or which is separated only by a street, alley, canal, or railroad right-of-way.

    (e)

    Clothing donation bins. Clothing donation bins shall be permitted only in compliance with the provisions of this chapter, including the following requirements:

    (1)

    The charitable organization operating the clothing donation bin has obtained a valid permit from Broward County;

    (2)

    One (1) clothing donation bin shall be permitted on a single plot;

    (3)

    There shall be a one thousand (1,000) foot separation between clothing donation bins. Such separation shall be measured by following a straight line between the point of each clothing donation bin closest to the other clothing donation bin; and

    (4)

    All other conditions of this chapter for clothing donation bins are satisfied and there is continuing compliance with the provisions of this chapter.

    (f)

    Equipment rental and sales, commercial and contractors'. Any plot upon which an equipment rental business is located, which requires outside storage or display of contractors' equipment or tools, shall be at least three hundred (300) feet from any residentially-zoned district.

    (g)

    Fireworks, explosives, firearms, and ammunition manufacturing, storage, or distribution. Any plot upon which a facility for the manufacture, storage, or distribution of fireworks, explosives, firearms, and ammunition is located shall not be within two thousand (2,000) feet of any residentially-zoned district. The minimum plot size for any such use shall be five (5) acres.

    (h)

    Medical waste incineration or sterilization. Medical waste incinerators or sterilization facilities shall not be located within five hundred (500) feet of any residentially-zoned district.

    (i)

    Mobile collection centers.

    (1)

    No mobile collection center shall be closer than one hundred (100) feet from any residentially zoned plot, nor closer than fifty (50) feet from any street.

    (2)

    The minimum length of any trailer shall be twenty (20) feet and no trailer shall exceed forty (40) feet in length.

    (3)

    Only one (1) trailer shall be located on a single plot.

    (4)

    One (1) sign shall be permitted, mounted on the outside of the trailer. The sign may state the name of the business, address, telephone number and hours of operation.

    (5)

    All mobile collection centers, with the exception of mechanical depositories, shall be staffed by at least one (1) employee during hours of operation.

    (6)

    There shall be a one thousand (1,000) foot separation between mobile collection centers. Such separation shall be measured by following a straight line between the points of each mobile collection center closest to each other.

    (j)

    Mobile food units.

    (1)

    Mobile food units, other than those limited to the preparation and sale of frankfurters, shall be permitted to remain on private property for the purpose of selling food products for a maximum of one (1) hour, and shall not return to the same location more than three (3) times in any twelve (12) hour period. Persons in compliance with all requirements of this subsection may make sales from mobile food units temporarily stationary on a street to occupants of abutting property, providing no impediment or hazard to vehicular or pedestrian traffic is created.

    (2)

    Mobile food units limited to the preparation and sale of frankfurters may be permitted on private property, with the written authorization of the property owner. Such units may not remain at one location for more than eight (8) consecutive hours. Only one (1) unit shall be permitted on any individual plot.

    (3)

    The owner of a mobile food unit, or mobile food unit limited to the preparation and sale of frankfurters, shall obtain a certificate of use, which shall be renewable on an annual basis. At the time of application for the certificate of use, and for each subsequent renewal, the applicant shall submit proof of general liability insurance coverage in the minimum amount of $300,000.00 which includes product liability coverage.

    (k)

    Offices and showrooms. Offices and showrooms shall be permitted only as an accessory use. Office and showroom space shall not exceed fifty percent (50%) of the gross floor area of the principal use. All office and showroom space shall be within the principal building.

    (l)

    Parts stores, vehicles and boats. All storage and display of parts in M-1 districts shall be inside a building. No vehicle parts salvage operations shall be permitted except in a salvage or wrecking yard.

    (m)

    Penal institutions. Penal institutions shall not be located within two thousand five hundred (2,500) feet of any residentially-zoned district.

    (n)

    Quarries. Quarries shall only be permitted in an area designated as "Mining" on the Future Unincorporated Area Land Use Element Map Series.

    (o)

    Recycling facilities. Recycling facilities, except auto salvage yards, shall be located at least five hundred (500) feet from any residentially-zoned district and at least two hundred (200) feet from any business-zoned district. All materials stored, handled, or repackaged on the premises shall either be in containers or stored within a building.

    (p)

    Restaurants.

    (1)

    Restaurants shall only be permitted as an accessory use to an industrial complex and shall be located within the principal building on the premises occupying not more than ten (10) percent of the gross floor area.

    (2)

    Such accessory uses shall comply with separation requirements specified in Article XI, "Alcoholic Beverage and Adult Entertainment Establishments" of this Chapter, if applicable, except that the separation between alcoholic beverage establishments in industrial districts shall not be less than one thousand (1,000) feet.

    (3)

    Outside play areas for children shall not be permitted.

    (q)

    Sanitation companies. Plots occupied by a sanitation company storing dumpsters or other waste containers and sanitation vehicles shall not be located closer than five hundred (500) feet from any residentially-zoned district. All dumpsters, waste containers, and sanitation vehicles shall be emptied prior to storage on the plot.

    (r)

    Swimming pool chemicals . All swimming pool chemicals, including pre-packaged chemicals, except bulk quantities of sodium hypochlorite, shall be dispensed and stored within a structure or enclosure approved by the Department.

    (s)

    Trade or vocational schools. Trade or vocational schools involving vehicle or equipment repair instruction shall be on a plot which is at least two hundred (200) feet from any residentially-zoned district.

    (t)

    Veterinary hospitals. Veterinary hospitals shall not be permitted on any plot which is contiguous to a residentially-zoned district or which is separated from a residentially-zoned district only by a street, alley, or canal.

    (u)

    Warehouses, self-storage.

    (1)

    Self-storage warehouses shall only be used for self-service storage. No businesses shall be permitted to operate from, or be licensed at, the facility. No personal activities, such as, but not limited to, hobbies, arts and crafts, woodworking, repair, restoration, or maintenance of vehicles, machinery or equipment, etc. shall be permitted.

    (2)

    Outside storage areas for boats, vehicles, etc. shall be located on the interior of the facility, not visible from any adjacent property or street.

    (3)

    Building height shall not exceed fifty (50) feet.

    (4)

    Storage bay doors on any perimeter building shall not face any abutting property located in a residentially-zoned district.

    (5)

    One accessory dwelling unit shall be permitted, subject to the availability and allocation of a reserve unit as provided in the Future Unincorporated Area Land Use Element. Such dwelling unit shall not exceed one thousand five hundred (1,500) square feet in floor area, and shall not be less than four hundred (400) square feet in floor area.

(Ord. No. 1999-24, § 2, 5-11-99; Ord. No. 2000-36, § 41, 8-22-00; Ord. No. 2004-11, § 3, 6-22-04; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 14, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2014-19, § 4, 6-10-14)