§ 16-277. Terms defined.

For the purpose of this chapter, the following words and phrases shall have the meanings herein set forth:

Accessory building or structure: A subordinate building or structure on the same plot with, or a part of, the main building, which is occupied by or devoted to an accessory use.

Accessory use: A use naturally and customarily incidental to, subordinate to, and subservient to the main use of the premises.

Action plan: A program of transportation improvements designed at a minimum to accommodate the net traffic impact of development to the extent that the regional road network lacks the available capacity to provide for the net traffic impact. The action plan shall provide substantiation in the form of engineering studies or other data acceptable to the county to demonstrate to the satisfaction of the county the anticipated effect of the proposed program of improvements and/or innovations; shall provide for a source of funding for the improvements and/or innovations; and shall provide for monitoring of the program to ensure implementation.

Adult: A person who has attained the age of at least eighteen (18) years.

Adult book store/adult novelty store/adult video store: An establishment having at least twenty (20) percent of the gross floor area of the establishment devoted to adult material, which constitutes a substantial or significant portion of its stock in trade.

Adult dancing establishment: An establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

Adult domination/submission parlor: An establishment specializing in bondage, sadomasochism, humiliating activities or other similar activities which depicts, describes or relates to the "specified sexual activities" or "specified anatomical areas," as defined below.

Adult material: One (1) or more of the following, regardless of whether it is new or used:

(a)

Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations; recordings or other audio materials; and anatomically correct 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 as defined below; or

(b)

Anatomically correct instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult mini motion picture theater: An enclosed building (with at least one (1) theatre style seating or viewing booth) regularly used for presenting adult material, for observation by patrons therein, which material may not be exposed to minors under F.S. Ch. 847. The viewing or adult "booth" referenced in this definition is defined as a small enclosed or partitioned area inside the theater designed or used for the viewing of adult material by one (1) or more persons, which is accessible to all persons, regardless of whether a fee is charged for access. A "booth" shall not include a foyer through which a person can enter or exit the establishment, or a rest room.

Adult motel: A hotel, motel, boarding house or rooming house or other place of temporary lodging presenting adult material by means of closed circuit television, for observation by patrons therein.

Adult motion picture theater or adult theater: An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting adult material for observation by patrons therein, which activity may not be exposed to minors under F.S. Ch. 847, and with no booths. An adult theater with at least one (1) booth shall be considered an adult mini motion picture theater.

Affected party: "Affected party" or "adversely affected party" means may person who will suffer an adverse effect to a legally recognizable interest if the city's comprehensive plan requirements and land development regulations are not properly applied to a land development application. The interest, which may be shared in common generally with other members of the community, must be definite and must exceed in degree the general interest in community good shared by all persons. The city commission shall determine the status of any person in question.

Alter: Any act of or action changing the size, shape, character, occupancy or use of a building, structure, accessory building or structure.

Amateur radio antenna: Shall include wires or metal rods used in the transmittal or receiving of electromagnetic signals by federally licensed amateur radio operators, located outside a building.

Amateur radio antenna support structure: Shall mean any structure, mast, pole, tripod or tower located outside a building, upon which an antenna is directly supported.

Amusement centers: Any business or use in which a majority of the gross income is derived from amusement or leisure-time activities or in which more than twenty (20) percent of the gross floor area of any business or use is devoted to amusement or leisure-time activities. Amusement centers include but are not limited to bowling alleys, skating rinks, billiard parlors, movie theaters, game rooms, miniature golf courses and other similar uses.

Antique: An object having special value or significance because of its age, made in a former period of at least forty (40) years ago. Such objects may include but are not limited to furniture, tableware, art, handicrafts, artifacts, linens, rugs, jewelry, curios, and vintage clothing and accessories.

Arcade: A covered pedestrian passageway along a street frontage or between buildings, unenclosed on at least one (1) side, or a continuous passageway parallel and open to a street, open space, building, usually covered by a canopy or permanent roofing, and accessible and open to the public.

Automatic amusement center means an establishment with more than twenty (20) automatic amusement games.

Automatic amusement games: Any machine or device activated by paying or depositing a coin or token and when operated is used as a game of skill, test, contest, instruction or entertainment; it does not include machines designed primarily to play music nor automatic merchandise vendors or coin-operated service devices with no game features operated to procure or receive merchandise.

Automobile. Any vehicle designed for carrying ten (10) passengers or less, that is used for the transportation of persons, and has a gross weight of less than ten thousand (10,000) pounds, but excludes motorcycles and vehicles used to carry passengers for a fee.

Automobile repair, major. General automobile repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning; which can be accomplished entirely within an enclosed structure.

Automobile repair, minor. Simple automotive repair which can be accomplished entirely within an enclosed structure, including but not limited to minor motor tune-up and repair, quick service automotive parts, oil change, brakes and interior cleaning, upholstering, tire repair and replacement and muffler installation, but not including any operations listed under automobile repair, major or automobile, wrecking or salvaging, or any other operation similar thereto.

Automobile, wrecking or salvaging. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, dumping or recycling of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Awning: A rooflike cover which is supported entirely from the exterior wall of a building and composed of a nonrigid material except for the supporting framework.

Banquet hall: A facility where food and drink may be served for parties, wedding receptions, and other similar private social events, and which does not have a cover charge, door charge, required contribution, or one (1) time membership fee which is paid at the door.

Bar: As defined in chapter 3, article I, section 3-8 of City Code.

Board: The planning and zoning board of the city.

Building: Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Buildings, completely enclosed: A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Carnival: A temporary use of land, buildings, or structures for the purposes of providing or locating facilities for commercial entertainment and participatory amusement activities that are open to the public, including multiple games and rides, and includes, without the generality of the foregoing, an itinerant circus or midway, but does not include an amusement park or other use where such facilities are located or made available for such a use by the general public for more than fourteen (14) days per year.

Carports: A covered parking facility not completely enclosed by walls and doors.

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.

City: The City of Sunrise, Florida.

Closing: The final steps of the transaction of a real estate sale, at which the time consideration is paid, the mortgage is secured, or the deed is delivered or placed into escrow.

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, restaurants, other institutions operated as a business.

Commercial vehicles: Any vehicle designed, intended or used for transportation of people, goods, or things other than private passenger vehicles and trailers for private nonprofit transport of goods and boats.

Commission: The governing body of the City of Sunrise.

Common area shall mean a room or designated area within a building or complex of buildings zoned for multifamily residential use served by shared or public parking areas, which is reserved for the exclusive use of the residents of the building or complex and their invited guests, and is an accessory use to the primarily residential use of such buildings.

Community care facility (special residential facility, Category 3): Adult congregate living facilities, nursing homes, community residential homes with more than fourteen (14) residents, convalescent homes and similar facilities.

Community residential home (special residential facility, Category 2): A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: Children, the aged, physically disabled, handicapped, developmentally disabled, and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood.

Compact deferral area: The geographic area which is a two (2) mile band having a centerline which is coincident with the centerline of the congested link, extending parallel to the congested link for a distance of one-half (½) mile beyond each end point of the congested link.

Comprehensive plan: The 1989 Sunrise Comprehensive Plan as may be amended and that meets the requirements of Sections 163.3177 and 163.3178, Florida Statutes.

Convenience store: A store which sells selected groceries, take-out meals and other retail products. The emphasis is on items needed for daily consumption with fast service.

Day care center: Any facility which provides for the care of children other than a family day care home.

Day care center, adult: Any nonresidential facility which provides for the care of elderly and/or functionally impaired adults in a protective setting for a portion of the 24-hour day.

Day care center, child: Any facility which provides for the care of children other than a family day care home, including pre-kindergarten education.

Defined vehicular entryway: The portion of an internal collector drive which is clearly articulated and designed to identify the main entrance to the project and is configured as a square or boulevard or some other distinctive space created by trees, masonry walls, building and/or special paving.

Density, gross: The number of dwelling units permitted or to be developed, divided by the number of acres within the plot limits including the internal roads and accessory uses and structures.

Department: The Director of the City of Sunrise Department of Community Development or his or her designee.

Development permit: Any building permit required by the building code, development authorization letter, plat approval, site plan, rezoning, special exception or variance necessary for a building permit, or other action having the effect of permitted development.

District: A portion of the city within which certain uniform regulations and requirements of various combinations thereof apply to the improvements of use made or to be made of the land under the provisions of this zoning ordinance.

Drug store: Any place, licensed under Chapter 465, Florida Statutes, where drugs and medicines are prepared, dispensed or compounded.

Dwelling: Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one (1) or more persons, permanently or temporarily, continuously or transiently.

Dwelling, single-family: A dwelling containing one (1) dwelling unit; also, a group home as defined elsewhere in this article.

Dwelling, two-family: A dwelling containing two (2) dwelling units.

Dwelling, multiple: A dwelling containing three (3) or more dwelling units; does not include townhouse.

Dwelling unit: A house, apartment, condominium unit, trailer, group of rooms, or single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen and bathroom facilities for the exclusive use of the occupants.

Dwelling unit, new: A dwelling unit which has not previously been occupied as a residence, or a rental apartment which has been converted to a condominium and which has not been occupied as a residence since its conversion.

Efficiency apartment: An apartment of not more than one (1) habitable room, with kitchen and bathroom facilities.

Encounter studio/modeling studio: An establishment offering nude or semi-nude encounter/modeling sessions, sessions between opposite or same sex adult individuals, nude dance/photo sessions, or sexual consultations, which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

Encroachment:

(a)

Parking encroachment is defined as any protrusion of a vehicle outside of a park space, display area or accessway into a landscape area.

(b)

Building encroachment shall be defined as any unauthorized infringement or intrusion of a primary or accessory building or structure, or appurtenances thereto, into the required yards set forth in this ordinance.

Entrance feature: That element of elegantly distinctive architectural design located at the main entryway leading to the internal collector drive which clearly identifies and distinguishes the project.

Extended stay hotel: A hotel that limits guests to a minimum continuous stay of thirty (30) days and a maximum continuous stay of six (6) months with no renewals permitted. Access may be through exterior entrances to individual units.

External pedestrian circulation: An area in which pedestrians are able to access a public entrance to a commercial area in which there are parking lots, or roadways immediately adjacent to a sidewalk or pedestrian walkway.

Facade: The face of a building or structure. The term "facade" includes the area of the building between the principal building corners from the ground to the roofline. The face of the building includes, but is not limited to, such other surfaces such as awnings and parapets.

Family: One (1) person or a group of two (2) or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.

Family day care home: An HRS-licensed facility in a dwelling serving no more than five (5) unrelated children during school hours and ten (10) children during non-school hours.

Floor area: Where a specific minimum floor area is required in the zoning ordinance 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 unless otherwise provided in this instance.

Floor area for dwelling units: Where a specific minimum floor area is required in this chapter 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 unless otherwise provided in this instance.

Floor area ratio (FAR): The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot.

Food, take out, retail: See Restaurant, take out.

Food truck: A mobile food dispensing vehicle, vehicle-mounted public food service establishment, self-propelled or otherwise moveable from place to place, including hot dog carts.

Furnishings: Fixed and free standing materials necessary for the operation of an outdoor restaurant such as tables, chairs, umbrellas, awnings, barriers, planters, heaters, fans, water misters, or any other object placed in the outdoor restaurant area for the purpose of attending to customers or visually enhancing the outdoor area.

Garage, community: A building or part thereof, used for indoor parking of self-propelled private passenger vehicles for use of residents in the vicinity and providing only incidental services for such vehicles as are parked therein.

Garage, private: An accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.

Gasoline station: Any building or land used for retail sale and dispensing of automobile motor fuel.

Grocery store: A store selling primarily retail food products with any other retail products being accessory thereto.

Gross acres or gross area: The total area of a parcel including submerged lands within a platted lot.

Gross floor area (GFA): The floor area measured from the exterior faces of the exterior walls, the exterior faces of supporting exterior columns for any floor not enclosed by exterior walls, the center line of any party wall separating two (2) buildings, or as measured from the exterior face of a projection, the area of which is included in this definition; including, common corridors, trash rooms, common lobbies, and common rest rooms. This definition does not include elevators, stairwells, meter rooms, required parking spaces within a parking garage, balconies and ancillary power equipment rooms.

Group home (special residential facility, Category 1): A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services which provides a living environment for six (6) or less unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: Children, the aged, physically disabled, handicapped, developmentally disabled and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood.

Health club: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms and lockers. Open to members and guests on a membership basis and not the public at large paying a daily admission fee.

Health spa: A commercial establishment (as a resort) providing facilities devoted to health and fitness, such a mineral baths, facials, mud wraps and massage by a licensed professional, etc.

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 the roof peak, or ridge for gable, hip and gambrel roofs. Height shall exclude chimneys, cupolas, architectural treatments, elevator shafts, stair towers, any other structures not intended for occupancy, and the like. The established grade, unless otherwise indicated in this instance, shall mean the level of the crown of the street serving the building.

Helicopter: An aircraft supported in the air by horizontal rotors turning on an approximate vertical central axis.

Heliport: A level area, including any part of a building, that has been designated to be used for the takeoff and landing of helicopters. The term heliport as used in section 16-32 of the City Code shall be synonymous with the term "helistops," as that term is defined by the Federal Aviation Administration and the Florida Department of Transportation.

Hotel: A building or part thereof in which sleeping accommodations are offered to the public on a basis primarily transient in nature, for use by the occupants and in which access to the sleeping rooms is through an inside lobby or office.

Indoor recreation: A permanent structure containing facilities for recreational activities, such as tennis, platform games, swimming, exercise, handball, and similar activities.

Internal collector drive: The primary access drive or private roadway which allows direct access to and from the public roadway and provides internal circulation to secondary vehicular drives.

Internal pedestrian circulation: An area in which pedestrians are able to access a public entrance to a commercial area in which there are no parking lots, or roadways immediately adjacent to a public entrance of a restaurant.

Irrigation/sprinkler system: A system of piping and sprinkler heads, its use being to convey rust-free water to all landscaped areas.

Kennel: Any place or premises where four (4) or more dogs over four (4) months of age are kept.

Land: The earth, water and air above, below or on the surface, including improvements or structures located on or in and customarily regarded as land.

Land use: Development that has occurred on the land; the development that may be proposed on the land, or the use that is permitted or permissible on the land under the county land use plan, a certified land use plan, land development regulations, as the context may indicate.

Landscaping: Landscaping shall consist of any of the following or combination thereof: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees and palms; and other material such as rocks, pebbles, sand, woodchips, walls or fences or curbing, but excluding paving.

Landscaping, low level: Plant species consisting of groundcovers or shrubs as shown on the approved plant list. Low level landscaping does not include lawn grass.

Landscaping, mid level: Plant species planted and maintained at a height at least six (6) inches greater than the low level landscaping adjacent to it and consisting of shrubs as shown on the approved plant list.

Landscaping, upper level: Plant species planted and maintained at a height at least six (6) inches greater than the mid level landscaping adjacent to it and consisting of shrubs as shown on the approved plant list.

Local roadways: All roadways located within the City of Sunrise excluding arterial and limited access/controlled roadways per the Broward County Trafficways Plan as amended from time to time.

Lot: See "Plot."

Marijuana: Any strain of cannabis or marijuana, in any form, that is authorized by state law to be dispensed or sold in the State of Florida for use by qualified users as defined by Florida Statutes. Also referred to as "medical marijuana."

Massage establishment: Any place of business or establishment wherein all or any one (1) or more of the following names, subjects and methods of treatment are administered or practiced: Body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrisage, rubbing, effleurage, or tapotement. However, nothing in this definition or the code provisions related to "regulated uses" as defined herein, shall be construed as applying to State of Florida licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, occupational therapists, physical therapists, midwives, practical nurses, agents, servants or employees in licensed hospitals, nursing homes or other licensed medical institutions, physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment under the supervision of the licensee. Also, the term "massage establishment" shall not apply to any massage establishment wherein at least fifty (50) percent of the employees on duty full time during the hours that the establishment is open for business are State of Florida licensed massage therapists or other licensed professionals listed in the preceding sentence.

Medical marijuana dispensary: A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product, and does not allow on-site consumption of marijuana.

Mini-warehouse: A storage facility containing separate storage spaces which may [be] of varying sizes and are available for lease or rental by individuals.

Mobile home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained herein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal manufactured home construction and safety standards.

Motel: A building or part thereof in which sleeping and/or living accommodations are offered to the public primarily on a short term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.

Motor vehicle: A self-propelled, motor-powered vehicle that travels on roads rather than on water, in the air or on rails.

Net acres or net area: The area covered by the property excluding road easements and rights-of-way, if any.

Nightclub shall mean any commercial establishment which is determined to be a nightclub by application of the factors set forth in this definition. If a commercial establishment could reasonably be classified as either a nightclub or some different use, it shall be deemed a nightclub for purposes of this Code. In determining whether an establishment is a nightclub, the following factors shall be considered:

(1)

If the establishment charges a cover charge, door charge, required contribution, or one (1) time membership fee which is paid at the door or has a minimum drink requirement, then the establishment is a nightclub.

(2)

If none of the factors listed in subsection (1) above are present, then if four (4) of the following conditions exist, then the establishment is a nightclub:

a.

The establishment has a dance floor or other open area used by patrons for dancing or for viewing of entertainment (such dance floor or open space may be established by the removal or rearrangement of furniture or tables).

b.

The hours of operations during which the use is open to the public include time between 1:00 a.m. and 8:00 a.m.

c.

The maximum capacity for the establishment as set by the building and fire officials through fire, building, structure, and other relevant regulatory considerations is two hundred (200) or more persons. [The fact that the facility may restrict its capacity to some number shall not prevent the building official from applying Code provisions that determine a different and increased capacity. The building and fire officials may use various Codes for this purpose (i.e., fire code provisions)];

d.

Alcohol is sold and consumed on the premises of the establishment at any time.

e.

Advertisements for the establishment describe specific entertainment events or engagements (e.g. "House Party Saturday Night"; "DJ Alex Saturday night"; "Rock Band tonight"); or

f.

The establishment features a platform or musical staging area used in connection with performances or entertainment. The presence of karaoke machines shall not be deemed entertainment for the purpose of this subsection. The presence of live entertainment provided by one (1) person, not utilizing pre-recorded music, incidental to a restaurant or bar shall not be deemed entertainment for the purpose of this subsection.

(3)

Banquet halls, places of public assembly, and amusement centers shall not be deemed nightclubs.

Nonconforming structures: A structure or portion thereof, existing at the effective date of this ordinance, or any amendment hereto, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this ordinance for a new use, and/or which does not conform to all of the regulations applicable to the district in which it is located.

Nonconforming use: The use of the land or a structure or premises, existing at the effective date of this ordinance, or any amendment hereto, for any purpose not permitted for a new use in the district in which the land is located.

Nude entertainment establishment: Any establishment which does or does not offer alcoholic beverages for sale or consumption but does feature male or female entertainers, performing partially clothed or completely nude, displayed in a setting, section, stage or cubicle within a business, which has as its principal or incidental purpose the offering of performances for viewing by adults, which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

Outdoor restaurant: An ancillary use to a restaurant building in which food preparation occurs inside the building.

Outdoor restaurant seating area: The area designated for dining within the linear frontage of the property of the restaurant outside of the building.

Parapet: A vertical false front or wall extension above the roof line.

Person: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity, including the manager, lessee, agency, officer, or employee or any of the foregoing.

Place of public assembly shall mean an area where individuals assemble, whether publicly or privately owned and maintained. Includes, but is not limited to, public assembly buildings such as auditoriums, fraternal lodges, community centers, clubhouses, and theaters; and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

Plat: Plat shall mean a map or delineated representation of a tract or parcel of land showing the designation of such land as lot(s), block(s), parcel(s), tract(s) of other portions thereof, however the same may be designated and which, if approved, will be submitted for recing [recording] in the plat book of the public recs [records] of Broward County, Florida.

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 ordinance.

Plot, corner: A plot of which at least two (2) adjacent sides abut for their full length upon a street provided that such two (2) sides intersect at an interior angle of not more than one hundred thirty-five (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 one hundred thirty-five (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 in the street line nearest to the point of intersection of the tangents herein described.

Plot coverage: That percentage of the plot area covered or occupied by buildings or roofed portions of structures, including porches. Unless otherwise specifically set forth, shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over shall not be included when computing coverage.

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 right-of-way. On a corner plot the shorter of the two (2) front plot 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 (5) feet of the same length, both such lines shall be considered to be front plot lines for the purpose of determining required street yard depth. In the case of a through lot, the street line on which the house fronts.

Plot line, rear: The plot lines opposite and most distant from the plot line. In the case of a triangular or gore-shaped lot, wherein the two (2) side plot lines coverage in the rear, the rear plot line shall be considered to be a line ten (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.

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.

Portico: A porch or walkway with a roof supported by columns, often leading to the entrance of a building.

Purchaser: Any natural person who purchases or who may purchase one (1) or more dwelling units or real property for the construction of one (1) or more dwelling units.

Regulated use or adult entertainment establishment includes, but is not limited to, the following:

(a)

Adult bookstore/adult novelty store/adult video store;

(b)

Adult dancing establishment;

(c)

Adult domination/submission parlor;

(d)

Adult motel;

(e)

Adult motion picture theater;

(f)

Encounter studio/modeling studio;

(g)

Massage establishment;

(h)

Nude entertainment establishment; and

(i)

Any bookstore, video store, motion picture theater, motel/hotel, dancing establishment, massage establishment, or photo or modeling studio (a) that includes the word "adult" in its name; or (b) where an employee, operator, or owner exposes his or her specified anatomical area for viewing by patrons; or (c) that may not be exposed to minors under F.S. Ch. 847, shall be considered a regulated use.

Remodeling, redecorating or refinishing: Any change, removal, replacement or addition to walls, floors, ceilings, floor load, bearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Restaurant: Any establishment in which food and beverages are prepared primarily to be consumed on site.

Restaurant, fast food: An establishment where the principal business is the sale of premade food or quickly prepared food, packaged in a ready to consume state and generally served in a disposable container or wrapping. Food and beverages may be consumed inside the restaurant or may be served to customers in a motor vehicle.

Restaurant, outdoor: See Outdoor restaurant.

Restaurant, stand alone: Any establishment in which food is prepared primarily to be consumed on site and the entire footprint of the building and its required off-street parking are separate and apart from any other commercial property.

Restaurant, take out: An establishment which primarily sells food for consumption off the premises, which has limited customer waiting areas, and which does not make available public restrooms or other service amenities, such as handicapped accessible seating or children's high chairs.

Retail store: Any building used, designed, or constructed for display and sale of merchandise at retail to the general public.

Retail store, large: A retail store equal to or exceeding one hundred thousand (100,000) square feet in size, operated by a single entity.

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.

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.

Sale: The execution of any document which in any way commits or provides for a purchaser to purchase any real property including, but not limited to, a contract for sale and purchase.

School, adult education: An establishment that provides organized educational programs for adults, such as college classes, language classes, and other similar programs.

School, instructional: A premises or site upon which a business offers instruction for art, driving, gymnastics, martial arts, dance, modeling, tutoring (during non-school hours) or any other similar skill activities.

School, K through 12th grade: Elementary, middle or high school.

School, vocational: An establishment that provides organized educational programs, including GED programs, which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree.

Secondary access drive: An entry other than the main vehicular entryway which may be from a public roadway or a private drive and can generally be shown to be an additional means for ingress to, and egress from, the master-planned parcel.

Secondary entry: An entry used primarily for service access to or from the site.

Secondary vehicular drive: The driveway that collects vehicles from individual building sites or parking areas and connects to the internal collector drive.

Secondhand: Objects and clothing of the modern period that have been previously used or worn.

Seller: Any developer, builder or real estate broker or sales associate, as defined in F.S. § 475.01, or any successor provision thereto, or any other person acting on behalf of or as the agent for a developer, builder, or real estate broker or sales associate, who undertakes to sell any new dwelling unit.

Shopping center: A cohesive commercial development designed to include one (1) or more retail stores, but which may also feature office, restaurant, and personal service uses, approved pursuant to a master plan or site plan.

Shopping center, large: A cohesive commercial development designed to include one (1) or more retail stores, but which may also feature office, restaurant, and personal service uses, approved pursuant to a master plan or site plan, and located within a structure or structures equal to or exceeding fifty thousand (50,000) gross square feet in size. Includes large retail stores.

Shopping center, regional: A commercial development, designed to include multiple retail stores, that exceeds five hundred thousand (500,000) square feet of gross leasable area.

Single-family, zero lot line: A building designed and used as one (1) dwelling unit, provided such building is not attached to other such buildings or is attached only by such incidental structures such as garden walls and small storage buildings, and provided also that one (1) wall of such building is located at or near the side lot line and the opposite wall is sufficiently set back from the opposite side lot line to create usable outdoor space.

Solid waste: As defined in section 12-1 City Code of ordinances.

Solid waste management facility: Any hazardous waste facility, landfill, materials recovery facility, recovered materials processing facility, solid waste disposal facility; borrow pit reclamation area, compost area, transfer station, volume reduction plant, waste tire processing or collection area, or other facility, the purpose of which is recovery, disposal, recycling, depositing, processing or storage of solid waste and fill material.

Special event: As defined in section 16-278.

Specified anatomical areas:

(a)

Less than completely and opaquely covered:

(1)

Human genitals and pubic region; or

(2)

Cleavage of the human buttocks; or

(3)

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, including the areola; this definition shall include the entire lower portion of the human 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; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

(a)

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(b)

Acts of human analingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy; or

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

(d)

Excretory functions as part of or in connection with the activities set forth in subsections (a)—(c).

Street: A public thoroughfare which affects principal means of access to abutting property, including the distance between the applicable right-of-way lines.

Structure: Anything constructed or erected which requires location on the ground or attached to something having location on the ground.

Swale: Areas between finished paved right-of-way and property lines.

Through-lots: Lots which have both their front and rear yard abutting a public or private street, excluding any residential lot where the rear yard abuts a wall of six (6) or more feet in height.

Townhouse or villa: Single-family attached dwellings whereby the dwellings have a common or party wall.

Trafficway: A roadway shown on the Broward County Trafficways Plan as may be amended from time to time.

Transfer station: An intermediate destination for solid waste.

Trees: A self-supporting, woody plant, which has a trunk diameter of at least two (2) inches or more or a circumference of over four (4) inches when measured five (5) feet above planting.

Urgent care center: A facility that delivers ambulatory medical care outside of a hospital emergency department on a walk-in basis without a scheduled appointment, which may operate up to twenty-four (24) hours per day.

Use: The purpose for which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is arranged, occupied or utilized, and the term "use" includes the use of water surfaces and land under water to the extent covered by zoning districts.

Variance: A deviation from the applicable development regulation which is authorized and approved by the commission after it finds that the literal application of the provisions of the regulation would cause unnecessary hardship or practical difficulty in the use or development of a specific plot or building, because of the size, shape and/or location of the land or structure.

Vehicle: A device, as a piece of mechanized equipment, for the transporting of goods, passengers or equipment.

Vested rights: Rights which have so completely and definitely accrued to or settled in a person, to the extent that it is right and equitable that government should recognize and protect, as being lawful in themselves, and settled accruing to then current law. See also Subsection 5-181(n) of the 1989 Broward County Land Development Code.

Warehouse: A storage facility with no individual units.

Waterway: A canal, ditch, pond, lake or other depression in the earth created for the convenience or storage of natural, pumped or excess stormwater runoff.

Yard: A space on the same plot with a structure or use, upon and unobstructed from the ground to the sky except by encroachments specifically permitted in the zoning ordinances. Yard measurement shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective plot lines.

Yard, front: A yard existing 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 the nearest line of the main building.

Yard, required: Shall mean the minimum yard required by the zoning regulations. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

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, street: A yard contiguous to a street, including the rights-of-way thereof.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-G, § 2, 10-14-97; Ord. No. 402-97-I, § 6, 10-28-97; Ord. No. 402-98-B, § 13, 6-9-98; Ord. No. 402-98-C, § 4, 6-25-98; Ord. No. 402-99-H, § 4, 8-10-99; Ord. No. 402-00-B, § 2, 4-11-00; Ord. No. 402-01-A, § 3, 4-10-01; Ord. No. 402-01-C, § 3, 5-8-01; Ord. No. 402-01-F, § 6, 8-14-01; Ord. No. 76-04-B, § 10, 6-22-04; Ord. No. 402-05-D, § 4, 10-11-05; Ord. No. 402-05-F, § 3, 12-13-05; Ord. No. 402-06-B, § 2, 7-25-06; Ord. No. 402-07-C, § 13, 6-27-07; Ord. No. 402-07-D, § 11, 12-11-07; Ord. No. 153-08-A, § 9, 1-22-08; Ord. No. 153-09-A, § 7, 1-24-09; Ord. No. 402-09-E, § 4, 5-12-09; Ord. No. 402-09-G, § 11, 1-24-09; Ord. No. 402-09-G, § 10, 11-24-09; Ord. No. 402-09-H, § 6, 11-24-09; Ord. No. 402-10-C, § 32, 6-22-10;; Ord. No. 402-10-E, § 4, 8-10-10; Ord. No. 402-10-F, § 7, 10-12-10; Ord. No. 402-10-G, § 5, 10-12-10; Ord. No. 402-12-A, § 6, 2-28-12; Ord. No. 402-12-E, § 9, 4-10-12; Ord. No. 402-12-H, § 4, 6-26-12; Ord. No. 402-13-C, § 10, 5-14-13; Ord. No. 402-13-D, § 6, 6-11-13; Ord. No. 402-13-G, § 13, 11-12-13; Ord. No. 402-14-C, § 2, 2-11-14; Ord. No. 402-14-H, § 2, 4-8-14; Ord. No. 76-16-A, § 4, 1-12-16; Ord. No. 402-16-A, § 15, 1-12-16; Ord. No. 402-17-A, § 8, 2-28-17; Ord. No. 402-18-C, § 6, 7-10-18)