Certain uses may be harmonious under special conditions and in specific locations within a zoning district, but may not be appropriate under the general conditions of the zoning district regulations as stated. These uses are set forth in this article subject to specific limitations intended to protect the health, safety, and welfare of adjacent properties, contribute to the community as a whole, comply with the policies and objectives of the Broward County Land Use Plan, and provide flexibility of design.

(Ord. No. 96-16, § 2, 5-28-96)

The permitted conditional uses listed in this article shall not be subject to waiver of any provision of this article by the hearing officer or Board of County Commissioners.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 2005-17, § 10, 6-28-05)

Home-based business. Home-based business, as defined in Section 39-4, shall be permitted in all residential zoning districts subject to the following limitations:

(a)

Commercial vehicles associated with the home-based business in all residential districts, except A-1 and A-2, shall be subject to Section 39-275(7). Commercial vehicles in A-1 and A-2 districts shall be subject to Section 39-245(3)(d).

(b)

Employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

(c)

Required parking related to the business activities of the home-based business must comply with the required parking of the principal residential use of the property, as required by Chapter 39, Article XII, Offstreet Parking and Loading, Broward County Code of Ordinances. The need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted.

(d)

Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces (including grass) at the residence.

(e)

Parking or storage of heavy equipment at the home-based business that is visible from the street or neighboring property is prohibited, unless otherwise permitted by the zoning district and permitted principal residential use of the property pursuant to Chapter 39, Article XII, Offstreet Parking and Loading, Broward County Code of Ordinances. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery.

(f)

External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

(g)

The home-based business may not conduct retail transactions at a structure on the same plat other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(h)

The activities of the home-based business are secondary to the property's use as a residential dwelling.

(i)

All business activities must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

(j)

All business activities must comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

(k)

The application of this section does not supersede:

(1)

Any current or future declaration including, but not limited to, a declaration of condominium adopted pursuant to Chapter 718, Florida Statutes, cooperative document adopted pursuant to Chapter 719, Florida Statutes, or declaration of covenant adopted pursuant to Chapter 720, Florida Statutes; or

(2)

Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in Section 509.013(4)(a)1, Florida Statutes, that are not otherwise preempted under Chapter 509, Florida Statutes.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 1998-31, § 2, 9-8-98; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2022-18, § 2, 4-27-22)

Permits for certain outdoor events may be issued subject to compliance with this section. The following outdoor events may be permitted in the zoning districts designated:

(1)

Minimum site requirements. All outdoor events shall require a minimum of one net acre of open space with not less than two hundred (200) feet of street frontage on a public street having a right-of-way width of at least seventy (70) feet.

(2)

Setbacks. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from any residentially zoned plot, nor closer than one hundred (100) feet from a public or private street line, and not less than three hundred (300) feet from any privately owned property in agricultural, estate, and rural districts.

(3)

Access. Vehicular access onto any plot used for an outdoor event shall be from a public street which provides the minimum required street frontage specified above. No vehicular traffic shall be allowed ingress to or from the plot through any other residential street.

(4)

Parking. Offstreet parking shall comply with requirements of Article XII insofar as the amount of spaces required, minimum parking space size, and minimum aisle widths. All parking spaces may be on an unpaved surface. Temporary barriers, guides, signs, and other temporary markings shall be erected and placed around and within the parking area to facilitate safe and efficient vehicular traffic flow on site.

(5)

Lighting. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties and away from any street or other vehicular use area.

(6)

Temporary structures, exhibits, and mechanical riding devices. Temporary structures, exhibits, and mechanical riding devices shall be permitted in conjunction with outdoor events subject to permit and inspection requirements of all applicable county and state agencies. No temporary structure shall be used for living quarters. All such structures, exhibits, and mechanical riding devices shall be removed from the premises within seven (7) days after the conclusion of the event.

(7)

Signs. Installation or erection and maintenance of permitted signs shall be subject to compliance with Article VI, "Signs," of this Code.

(8)

Frequency and duration. No outdoor event shall be permitted for a period of time exceeding seven (7) consecutive days. No more than two (2) of each category of outdoor event permits shall be issued on any plot during a calendar year. Hours of operation of any event shall be limited to 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to midnight on Friday and Saturday.

(9)

Liability insurance. Before any permit for an outdoor event is issued, the applicant must provide a certificate showing proof of a public premises liability and product liability insurance policy that provides coverage in the amount of three hundred thousand dollars ($300,000.00). The policy must name Broward County as an additional insured and must be issued by an insurance company authorized by the Florida Department of Insurance to do business in the State of Florida. The policy must be approved by the Broward County Risk Management Division prior to issuance of any outdoor event permit.

(10)

Performance bond. Before any permit for an outdoor event is issued, a performance bond or similar security acceptable to the county and naming Broward County as beneficiary in the sum of one thousand dollars ($1,000.00), shall be executed by the applicant, as principal, and a surety company authorized to do business in the State of Florida and on the list of the United States Treasury. Such security must be approved by the Office of the County Attorney, and shall be in effect for the duration of the outdoor event and for six (6) months subsequent to the end of the event. The security shall be released at the conclusion of the six-month time period upon submittal of an affidavit from the applicant that all conditions of the security have been met. The conditions of such security shall be that:

a.

The applicant shall comply fully with all the provisions of the Broward County Code of Ordinances and all other applicable county, state or federal laws regarding the sale of goods as permitted;

b.

The applicant will pay all judgments rendered against said applicant for any violation of said laws; and

c.

The applicant will pay all judgments and costs that may be recovered against said applicant by any persons for damage from any misrepresentation or deceptive practice during the transacting of such business.

(11)

Plans. A plan, drawn to scale, shall be submitted to the Division, at the time of permit application indicating the following:

a.

Plot dimensions;

b.

Adjoining streets and points of access to the plot;

c.

Location of all activities and temporary structures and setbacks from plot lines;

d.

Location and use of any permanent buildings and uses existing on the plot;

e.

Location and amount of existing offstreet parking areas, proposed temporary additional offstreet parking areas and aisles, including dimensions, location of traffic markings, and signs.

(12)

Permit applications. A permit application shall be submitted to the Division, at least thirty (30) days prior to the outdoor event. The permit application shall include the following:

a.

The name and address of the applicant;

b.

The address and legal description of the plot where the event will be held;

c.

The date or dates of the event;

d.

The type of event and sponsor, if any;

e.

The plan required by subsection (11) above;

f.

An executed performance bond as required in sub-section (10) above;

g.

Proof of insurance as required in subsection (9) above;

h.

Notarized authorization of all property owners of record or their authorized agent, for use of the property for the outdoor event;

i.

A notarized affidavit of proof of posting the notice sign required by Section 39-238(16) herein; and

j.

The applicable processing and inspection fee, in accordance with the fee schedule in effect.

(13)

Agency reviews. Prior to issuance of a permit for an outdoor event, the following agencies shall review and approve the event in accordance with applicable statutes, ordinances, and codes, including the regulations of:

a.

Broward County Traffic Engineering Division;

b.

Broward County Risk Management Division;

c.

Broward County Highway Construction and Engineering Division;

d.

Florida Department of Health, if approval is required;

e.

Florida Department of Agriculture and Consumer Services (if food service is to be provided), if approval is required;

f.

Broward Sheriff's Office, Department of Fire Rescue;

g.

Broward County Urban Planning Division;

h.

Broward Sheriff's Office; and

i.

Broward County Resilient Environment Department.

(14)

Permit issuance. Within twenty (20) days subsequent to filing of the application, Broward County shall review the application, inspect the plot, and either issue or reject the permit. Reasons for rejection shall be in writing to the applicant. If the application and plot are in compliance with this section and any other applicable code, statute or ordinance, the zoning official, or designee, shall issue the permit upon payment by the applicant of a cleanup deposit in the amount of two hundred fifty dollars ($250.00) to Broward County to guarantee site restoration. The permit must be posted on the plot for the duration of the outdoor event.

(15)

Site restoration. The permit holder shall be responsible for restoring the plot to its original condition within seven (7) days after the end of the outdoor event. Failure to restore the site to its original condition shall result in forfeiture of the cleanup deposit to the county. The cleanup deposit shall be used for restoration of the location.

(16)

Posting of notice. The applicant must post a sign of sufficient size at least thirty (30) days prior to the beginning date of the outdoor event in a visible location on each street frontage to inform the public of the dates and nature of the outdoor event which will be held on the property.

(17)

Not-for-profit corporations holding events on their own property.

a.

Not-for profit corporations which abut or are adjacent to agricultural, estate, and rural districts which hold outdoor events on their own property shall be subject to all of the requirements set forth above, except the requirements for obtaining a performance bond (subsection (10)) and a cleanup deposit (subsection (14)). However the not-for-profit corporation shall be responsible for restoring the plot to its original condition within seven (7) days after the end of the outdoor event.

b.

Not-for-profit corporations which abut or are adjacent to other residentially zoned districts which hold outdoor events on their own property shall be subject to the following requirements:

1)

The property shall consist of a minimum of one net acre of open space with not less than two hundred (200) feet of street frontage on a public street having a right-of-way width of at least fifty (50) feet.

2)

No mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from any residentially zoned plot. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from a public or private street line.

3)

The not-for-profit corporation shall comply with the following provisions of Section 39-238: access (subsection (3)), parking (subsection (4)), lighting (subsection (5)), temporary structures (subsection (6)), signs (subsection (7)), frequency and duration (subsection (8)), liability insurance (subsection (9)), plans (subsection (11)), permit applications (subsection (12)), agency reviews (subsection (13)), permit issuance (subsection (14)) except for the requirement for a clean up deposit, site restoration (subsection (15)), and posting of notice (subsection (16)) provisions of Section 39-238 of the Broward County Zoning Code.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 1997-52, § 2, 12-9-97; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 10, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, §§ 1, 3, 4-10-18; Ord. No. 2020-34, § 1, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22)

(1)

Permits for holiday wayside stands may be issued for the following holidays for the maximum time periods specified:

An application, signed by the applicant, for a holiday wayside stand permit shall be filed with the zoning official, or designee, at least thirty (30) days prior to commencement of the sales period for Halloween and Christmas, and at least sixty (60) days prior to commencement of the sales period for Independence Day and New Year's Day. The application shall contain the following:

(a)

The notarized signature of the applicant;

(b)

The names and permanent addresses of all persons responsible for the management or supervision of the holiday wayside stand; the local address of such person or persons while engaged in such business; the capacity in which such person will act (that is, whether as proprietor, agent or otherwise);

(c)

The name and address of the person, firm or corporation for whose account the business will be conducted, if any; and if a corporation, under the laws of that state in which it is incorporated and the name and address of its registered agent in the State of Florida; and the federal employer's identification number (EIN) or social security number of the business owner;

(d)

The exact address and legal description of the property where the holiday wayside stand will be located;

(e)

Proof of a State of Florida sales tax number;

(f)

For vendors of pyrotechnical items who are required to register with the Division of the State Fire Marshal of the Department of Financial Services under Chapter 791, Florida Statutes, proof of a completed registration form. Proof of actual registration shall be submitted prior to permit issuance;

(g)

Written, notarized permission from all owners of record of the property, or authorized agent of the owner, where the holiday wayside stand will be located;

(h)

Proof of a public premises liability insurance policy that provides coverage in the amount of three hundred thousand dollars ($300,000.00) at each sales location, naming Broward County as an additional insured, and is issued by an insurance company authorized by the Florida Department of Insurance to do business in the State of Florida. The policy must be approved by the Risk Management Division;

(i)

A performance bond or similar security acceptable to the county naming Broward County as beneficiary in the sum of one thousand dollars ($1,000.00) executed by the applicant, as principal, and a surety company authorized to do business in the State of Florida and on the list of the United States Treasury. Such security shall be approved by the Office of the County Attorney, and shall be in effect for the duration of the sales period and for six (6) months subsequent to the end of the sales period. The security shall be released at the conclusion of the six-month time period upon submittal of an affidavit from the applicant that all conditions of the security have been met. The conditions of such security shall be that:

1.

The applicant shall comply fully with all the provisions of the Broward County Code of Ordinances and all other applicable county, state, or federal laws regarding the sale of goods as permitted;

2.

The applicant will pay all judgments rendered against said applicant for any violation of said laws; and

3.

The applicant will pay all judgments and costs that may be recovered against the applicant by any persons for damage from any misrepresentation or deceptive practice during the transacting of such business.

(j)

Not-for-profit corporations having holiday wayside stands on their own property. Not-for-profit corporations which have holiday wayside stands on their own property, for other than the sale of pyrotechnical items, shall not be subject to the requirements for obtaining a performance bond and a cleanup deposit. However, the not-for-profit corporation shall be responsible for restoring the plot to its original condition within seven (7) days after the end of the sales period for the holiday wayside stand.

(2)

Number of permits. No permittee shall be issued more than ten (10) permits. For the purpose of this subsection, permittee shall be deemed the same if any one principal in the legal entity under which the permittee is operating is identical regardless of the structure of the legal entity. At any given location permitted under this section, there shall be a maximum of one (1) holiday wayside stand. Each individual sales location shall require a separate permit.

(3)

Permitted locations: Locations for sales of merchandise permitted under this section are subject to the following restrictions:

(a)

Pyrotechnical items may only be sold at locations within a commercial or industrial zoning district. Such sales shall not be permitted in areas located within fifty (50) feet of:

1.

Any fuel storage facility of any kind; and

2.

Any area required to provide parking in connection with a restaurant or lounge.

(b)

Pyrotechnical items may be sold only if each sales location has been approved by the Broward County Fire Marshal.

(c)

Halloween and Christmas items may be sold at locations within a commercial or industrial zoning district, as well as from any property owned by a nonprofit organization, provided the nonprofit organization is conducting the holiday wayside stand operations for charitable or fund-raising purposes and the purpose is specifically indicated on the permit application.

(d)

There shall be a minimum of one thousand five hundred (1,500) feet between any two (2) locations permitted under this section. For purposes of determining which permit application of two or more applications proposing sites within one thousand five hundred (1,500) feet of one another shall be approved, the date and time each completed application is accepted for processing shall determine the priority.

(4)

Conditions of permits.

(a)

A permittee must, at the time the permit is issued, pay to the county a cleanup deposit fee of two hundred fifty dollars ($250.00). The deposit will be returned if the permittee restores the permitted location to its original presale condition within one (1) week subsequent to the end of the sales period. Otherwise, the deposit will be retained by the county and used to restore the location.

(b)

The permit issued pursuant to this section shall be posted conspicuously at the sales location.

(c)

No permit for the sale of pyrotechnical items may be issued unless such items may be lawfully sold pursuant to Chapter 791, Florida Statutes.

(d)

One (1) temporary structure for overnight storage of merchandise shall be permitted at each sales location, subject to compliance with all applicable codes and permit requirements. No temporary structure shall be used for temporary living quarters. Temporary storage structures shall be removed not more than one (1) week after the end of the sales period.

(5)

Signs. Installation or erection and maintenance of permitted signs shall be subject to compliance with Article VI, "Signs," of this Code.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 1998-06, § 3, 3-24-98; Ord. No. 2004-11, § 2, 6-22-04; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, § 4, 4-10-18)

As permitted by Section 39-217, "Location, character, and size," for offstreet parking facilities, a plot within five hundred (500) feet of a nonresidentially used plot may be used to supply twenty-five percent (25%) of the required offstreet parking for the nonresidentially used plot. Such off-site facilities shall be permitted in all zoning districts except open space and conservation districts, subject to the following conditions:

(1)

Except as provided in paragraph (8) of this section, the minimum plot size for off-site parking lots shall be ten thousand (10,000) square feet of net area with a minimum street frontage of one hundred (100) feet on a public right-of-way at least sixty (60) feet in width which is designated as a collector or arterial road on the Broward County Trafficways Plan.

(2)

Except as provided in paragraph (8) of this section, access to the parking lot shall only be from the designated collector or arterial road.

(3)

A landscape buffer at least ten (10) feet in depth shall be provided on all sides of the plot in accordance with Article VIII, "Landscaping for Protection of Water Quality and Quantity."

(4)

A decorative, translucent visual barrier shall be provided at least two and one-half (2½) feet inside the perimeter of the required landscape buffer on any side which is contiguous to a residential district. The minimum height of such visual barrier shall be four (4) feet and the maximum height shall be eight (8) feet measured from the established grade. The visual barrier shall be in one of the following forms:

a.

A translucent fence or wall; or

b.

Landscape material dense enough to provide only translucent visibility.

(5)

The off-site parking facility must comply with all requirements of Article XII, Offstreet Parking and Loading.

(6)

Installation or erection and maintenance of permitted signs shall be subject to compliance with Article VI, "Signs," of this Code.

(7)

Off-site parking lots shall be used only for the temporary parking of operable, currently licensed private passenger vehicles of patrons of the nonresidentially used property which the parking lot serves.

(8)

Where a residentially zoned plot used for off-site parking is contiguous to or separated from the nonresidentially used property it serves by a dedicated alley, such plot may be used for all or any portion of required parking for the nonresidentially used plot it serves. The provisions of paragraphs (1) and (2) of this section shall not be applicable, provided the off-site parking is accessed only from the dedicated alley or from the nonresidential plot it serves.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 1998-06, § 4, 3-24-98; Ord. No. 2000-36, § 22, 8-22-00; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, § 5, 4-10-18; Ord. No. 2020-34, § 1, 9-22-20)

On any plot used for residential purposes two (2) yard sales may be held in a calendar year by the residents of the plot to sell their personal belongings to the public. Each yard sale may be for a maximum of three (3) consecutive days.

Signs may not exceed two (2) square feet in size and shall be exempt from permit requirements. The signs may not be displayed more than one (1) day prior to the yard sale. Signs must be removed at the end of the yard sale.

(Ord. No. 96-16, § 2, 5-28-96)

Editor's note— Ord. No. 2020-34, § 23, adopted Sept. 22, 2020, repealed § 39-242, which pertained to temporary promotional signs and derived from Ord. No. 1997-43, § 1, adopted Oct, 14, 1997; Ord. No. 1998-27, § 6, adopted Sept. 8, 1998; and Ord. No. 2005-17, § 10, adopted June 28, 2005.

Notwithstanding any other provision of the Broward County Code of Ordinances that allows medical clinics, doctors' offices, or pharmacies as a permitted use in any other zoning district, Pain Management Clinics, as defined in Section 39-4, shall be allowed only as a conditional use in the B-3 Intense Commercial Business Zoning District. In order to provide adequate protection to the community and establish the legitimacy of the business, the following regulations shall apply to the location, design, operation, and maintenance of Pain Management Clinics, and shall be in addition to all other requirements or limitations of this chapter:

(a)

A Certificate of Use, in accordance with Section 39-19, shall be obtained from the zoning official prior to the establishment of any Pain Management Clinic.

(b)

The application for a Certificate of Use for a Pain Management Clinic shall disclose, in detail, the owners and operators of the facility, and shall be updated by the owner/operator annually at the time of renewal of the business tax receipt for the business, or at any time that there is a change of owner or the physician of record pursuant to Section 458.3265 or 459.0137, Florida Statutes, as amended.

(c)

The applicant shall provide to the County proof of registration with the Florida Department of Health, when required pursuant to Section 458.3265 or 459.0137, Florida Statutes, as amended, prior to the issuance of a Certificate of Use for the business. If the registration of a Pain Management Clinic is revoked or suspended by the Florida Department of Health, the County's Certificate of Use shall be revoked automatically and shall not be subject to the provisions of Subsection (l) of this section.

(d)

The application for a Certificate of Use shall include an affidavit by the owner or the physician of record pursuant to Section 458.3265 or 459.0137, Florida Statutes, as amended, attesting to the fact that no employee of the business, nor any independent contractor or volunteer having regular contact with customers of the business, has been convicted of a drug-related felony within the five (5) year period prior to the date of the application, and that the business shall not employ or allow any such convicted employee, independent contractor, or volunteer on the premises thereafter.

(e)

A Pain Management Clinic shall be limited to the hours of operation between 7:00 a.m. and 9:00 p.m., Monday through Saturday.

(f)

A Pain Management Clinic shall post the required Certificate of Use in a conspicuous location at or near the entrance to the facility so that it may be easily read at any time.

(g)

No Pain Management Clinic shall be permitted to be located within one thousand two hundred (1,200) feet of another Pain Management Clinic or a place of worship, child care center, or educational center. No Pain Management Clinic shall be permitted to be located within the same clinic, facility, office, business, or building with another Pain Management Clinic. The applicant shall furnish a certified survey to the County prior to the issuance of a Certificate of Use for the business. Said survey shall be prepared by a registered land surveyor in the state of Florida, indicating the distance in linear feet between the proposed Pain Management Clinic and another Pain Management Clinic, and any place of worship, child care center, and educational center, measured from the nearest point of one (1) facility to the nearest point of the other facility in a straight line.

(h)

A Pain Management Clinic shall provide a minimum of one (1) parking space per ten (10) gross square feet of customer waiting area, including the lobby and seating area. The business shall provide a minimum of one (1) parking space per two hundred (200) gross square feet of the remainder of the building.

(i)

Notwithstanding Subsection 39-293(c), Pain Management Clinics are prohibited from having any outdoor seating areas, queues, or customer waiting areas. All activities of the Pain Management Clinic, including sale, display, preparation, and storage, shall be conducted entirely within a completely enclosed building.

(j)

No consumption of alcoholic beverages shall be allowed on the premises of a Pain Management Clinic, including in the parking areas, sidewalks, or right-of-way.

(k)

With the exception of Subsections (g) and (h), all Pain Management Clinics legally in existence prior to the effective date of this section shall comply with the requirements herein within sixty (60) days of the effective date of this section. Any Pain Management Clinic legally in existence prior to the effective date of this section, but now in violation of its provisions due to the Pain Management Clinic's failure to meet the requirements of Subsections (g) and (h), shall be considered a legal nonconforming use for a period of one (1) year from the effective date of this section. After the one (1) year period of time, such nonconforming use shall be removed or discontinued.

(l)

If at any time the County determines that a Pain Management Clinic is operating in any manner that is inconsistent with, or contrary to, the provisions of this chapter or any other applicable code or statute, the County may revoke the Certificate of Use through the process outlined in Section 39-19.

(Ord. No. 2011-09, § 3, 5-24-11; Ord. No. 2012-09, § 2, 2-28-12)

Notwithstanding any other provisions to the contrary in this code, a fast food, full service, or take-out restaurant may have accessory outdoor grilling upon demonstration that the site meets all applicable site plan review requirements, including, but not limited to, land development, zoning, landscaping, parking, building, and fire marshal codes, and subject to the following provisions:

(a)

A certificate of use, in accordance with Section 39-19, shall be obtained from the zoning official prior to the establishment of accessory outdoor grilling to fast food, full service, or take-out restaurants. An existing restaurant holding a current certificate of use shall obtain a new certificate of use to establish accessory outdoor grilling.

(b)

An applicant for a certificate of use for accessory outdoor grilling shall submit written authorization of the plot owner and proof of compliance with all applicable state and local laws and requirements, including, but not limited to, local business tax requirements, health and safety regulations, and all County permitting and licensing requirements, together with proof of general liability coverage in the minimum amount of three hundred thousand dollars ($300,000.00), including product liability.

(c)

The certificate of use shall be posted in a conspicuous location at the restaurant so that it may be easily read at any time during regular business hours.

(d)

Accessory outdoor grilling shall be permitted only during the period of time that the restaurant is open for food service to customers.

(e)

The owner and operator of the restaurant shall be responsible for cleaning and maintaining the area of outdoor grilling free of litter, trash, garbage, or other refuse.

(f)

Outside seating must meet standard parking requirements of one (1) parking space per two hundred (200) square feet of open air seating and all site plan review requirements.

(g)

Mobile food units, including trucks and trailers associated with the restaurant, shall not be parked in required parking spaces while the restaurant or accessory outdoor grilling is in operation.

(Ord. No. 2014-37, § 1, 11-12-14)