This article contains general rules governing the use of land within the city, including rules for interpreting the lists of permitted, special exception and prohibited uses in articles 105 through 115, and article 302. This article also identifies the intent and purpose of each zoning district within the city.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Residential and open space districts.Section 105-20 lists the permitted, special exception and prohibited uses of land within residential and open space zoning districts. Certain uses are identified as being "subject to" the detailed use regulations of other sections within article 105. For example, home occupations are subject to the regulations of section 105-80 that pertain only to home occupations.

(B)

Commercial and mixed-use districts.

(1)

Section 110-20 lists the permitted, special exception and prohibited uses of land within commercial and mixed-use districts. Certain uses are identified as being "subject to" the detailed use regulations of other sections within article 110.

(2)

The permitted uses within the mixed-use "CRA form-based districts" are only summarized in section 110-20 and are addressed in detail in article 302. The difference between the summary and the details in article 302 is that section 110-20 tells you whether a use is permitted within each CRA form-based district, but article 302 tells you where within the district the use is permitted. This is because uses in the CRA form-based districts are regulated based on the type of street that a lot fronts.

(3)

The permitted uses within the Planned Mixed-Use District (PMUD) and Planned Small Lot Mixed-Use District (PMUD-SL) are subject to density and intensity limitations established by the city's comprehensive plan for the Dania Beach Regional Activity Center (RAC). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD and PMUD-SL shall be identified and established pursuant to the approved PMUD or PMUD-SL Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and articles 340 and 350 of this chapter. The general use regulations of part I shall apply to the PMUD and PMUD-SL only as specified in article 340 or 350, respectively, and in the approved PMUD or PMUD-SL DDG.

(C)

Industrial districts.Section 115-40 lists the permitted, special exception and prohibited uses of land within industrial zoning districts. Many of the uses are identified as being "subject to" the detailed use regulations of other sections within article 115.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 2, 10-13-15; Ord. No. 2019-015, § 2, 10-7-19)

(A)

Outdoor uses. All uses of land permitted in this code shall be conducted entirely within a completely enclosed building, unless specifically authorized in part I of this code as a principal or accessory outdoor use, including the following permitted outdoor uses:

(1)

Swimming pools accessory to a residential use or park;

(2)

Gazebos accessory to a residence or park;

(3)

Parks, playgrounds;

(4)

Outdoor recreation facilities;

(5)

Open spaces;

(6)

Off-street parking, loading and vehicular circulation areas;

(7)

Pedestrian circulation areas;

(8)

Stormwater drainage retention;

(9)

Signage.

(B)

Land shall not be used or occupied for any purpose except for a permitted principal use in the applicable zoning district, and only then with a valid certificate of occupancy, and for principal uses of open land, a valid certificate of use.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

A permitted use is:

(1)

A use listed as "permitted" in a particular zoning district, subject to any conditions of use that may be established in the code; or

(2)

A use that is not listed in the particular zoning district as permitted, and is not listed as a permitted, special exception or prohibited use in the particular zoning district or any other zoning district, but which the director determines is similar to another use that is permitted in the particular zoning district.

(B)

A special exception use is:

(1)

A use listed as a "special exception" use in a particular zoning district, which may be allowed in the particular zoning district if the city commission determines that the use is compatible at the proposed size and location, subject to the procedures, requirements and criteria of article 630 (special exception uses), and subject to any specific conditions of use that may be established in the code; or

(2)

A use that is not listed in the particular zoning district as a "special exception" use, and is not listed as a permitted, special exception, or prohibited use in the particular zoning district or any other zoning district, but which the director determines is similar to another use that is permitted by special exception in the particular zoning district.

(C)

An accessory use is any use of land or of a building, or portion of land or portion of a building, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

(D)

A prohibited use is:

(1)

Any use listed as "prohibited" in a particular zoning district; or

(2)

A use that is not listed as a permitted or special exception use in the particular zoning district, but is listed as a permitted or special exception use in another zoning district;

(3)

Any use that is not listed as a permitted or special exception use in the particular zoning district or any other zoning district, and which the director determines is not substantially similar to any use listed as a permitted or special exception use in the particular zoning district.

(E)

Where a listed use is followed by a reference to other sections of the code which apply to the use, then the reference means that the use is permitted subject to compliance with such additional provisions and requirements as set forth in the code.

(F)

Any use that the director determines is substantially similar to a permitted or special exception use shall be subject to the same conditions of use as the use to which it is deemed similar.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Before any use of land, building or structure is established, or any established use of land, building, or structure is changed to a different use than that identified in the previously-issued certificate of use which applies to the property, the person seeking to establish the use must obtain a certificate of use from the community development department. Community development department personnel shall develop an administrative procedure and related forms for issuance of certificates of use, and are authorized to conduct inspections of the subject land, building, or structure prior to approval of a certificate of use in order to confirm compliance with this code. Failure to secure a certificate of use before establishing a use of land, building or structure, or before changing the usage of the property from the use recognized in a duly-issued certificate of use to another use, shall be a violation of this code, and punishable as such.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting, promoting and improving the public health, safety and the general welfare of the citizens and residents, the city is divided into the following districts:

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 2, 11-23-10; Ord. No. 2011-007, § 3, 2-22-11; Ord. No. 2015-022, § 2, 10-13-15; Ord. No. 2016-004, § 2, 3-22-16; Ord. No. 2016-021, § 2, 10-10-16; Ord. No. 2019-015, § 2, 10-7-19; Ord. No. 2025-016, § 3, 8-26-25)

The detailed use standards of this article do not apply to the CRA form-based zoning districts of part 3 of this code unless specifically referenced in said CRA districts.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Expand

Legend P - Permitted P(#) - Permitted subject to numbered footnote A - Permitted accessory use only SE - Permitted special exception use only		Estate	RS-18000, RS-12000	RS-8000, RS-6000	RD-8000	NBHD-RES	RM	RM-1	RM-2	PRD-1 (see section 105-220)	RMH	OS
	- Not permitted
USES
Academic schools		SE	SE	SE	SE	SE	SE	SE	SE	NP	SE	NP
Agriculture [subject to section 105-180]		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Cluster—Single-family		NP	NP	NP	NP	NP	NP	NP	NP	P	NP	NP
Community garden/urban farm [subject to section 105-230]		P	P	P	P	P	P	P	P	P	P	P
Community residential home type 1 [subject to section 105-170]		P	P	P	P	P	P	P	P	P	P	NP
Community residential home type 2 [subject to section 105-170]		NP	NP	NP	NP	NP	P	P	P	P	NP	NP
Concession use [subject to section 105-150]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	P
Docking and mooring of boats; incidental repair [subject to section 240-20]		A	A	A	A	A	A	A	A	A	A	A
Electrical transmission lines [subject to section 105-180]		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Emergency generators for single-family detached and two-family dwellings [subject to section 285-10]		A	A	A	A	A	A	A	A	A	NP	NP
Essential services		SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Farmer's market [subject to section 105-240]		NP	NP	NP	NP	P	NP	NP	NP	NP	NP	NP
Government facilities [subject to section 105-180]		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Home and common area based assembly [subject to section 105-100]		A	A	A	A	A	A	A	A	A	A	NP
Home occupation [subject to section 105-80]		A	A	A	A	A	A	A	A	A	A	NP
Mechanical amusement devices [subject to section 110-60]		NP	NP	NP	NP	NP	A	A	A	NP	NP	NP
Mobile home parks and subdivisions [subject to section 105-200].		NP	NP	NP	NP	NP	NP	NP	NP	NP	P	NP
Municipally owned or operated parking		SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Municipally owned or operated parks and recreation areas		P	P	P	P	P	P	P	P	P	P	P
Multifamily and Mixed-use		NP	NP	NP	NP	NP	NP	NP	NP	P	NP	NP
Multifamily dwellings [subject to sections 105-50, 105-70]		NP	NP	NP	NP	P(2)	P	P	P	NP	NP	NP
Place of worship		NP	NP	NP(3)	NP	NP	NP	NP	NP	NP	NP	NP
Private clubs, charitable, civic, fraternal and professional organizations		NP	NP	NP(3)	NP	NP	NP	NP	NP	NP	NP	NP
Private recreation facilities such as swimming pools, golf courses, tennis courts, marinas and accessory facilities including restaurants		SE	SE	SE	SE	NP	SE	SE	SE	NP	SE	NP
Residential care facilities [subject to section 105-170].		NP	NP	NP	NP	NP	NP	NP	SE	SE	NP	NP
Residential care facilities, adult [subject to section 105-170]		NP	NP	NP	NP	NP	NP	NP	SE	SE	NP	NP
Single-family detached dwellings		P	P	P	P	P	P	P	P	P(1)	P	NP
Townhouses		NP	NP	NP	NP	NP	P	P	P	P(1)	NP	NP
Two-family dwellings		NP	NP	NP	P	P(4)	P	P	P	P(1)	NP	NP

 

(1)

Subject to PRD-1 district regulations of section 105-220.

(2)

Only on lots with multiple-family zoning prior to September 14, 2010.

(3)

Prohibited except as provided in section 105-190 for preexisting facilities formerly zoned Broward County I-1.

(4)

Subject to conditions of use regulations of section 302-20(1).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-007, § 4, 2-22-11; Ord. No. 2012-008, § 3, 5-8-12; Ord. No. 2012-015, § 2, 8-14-12; Ord. No. 2012-025, § 2, 10-9-12; Ord. No. 2016-004, § 3, 3-22-16; Ord. No. 2020-007, § 2, 4-28-20)

Cross reference— Chapter 6, "Beaches, Waterways, Parks and Recreation", Article IV, "Waterway Regulations", which is the primary article regulating use of waterways. Article IV shall govern in the case of conflict. [Editor's note: Article IV to be created with OneCode adoption.]

The following provisions shall apply to the docking, mooring and use of docked and moored boats in the city's waterways.

(A)

Habitation on vessels prohibited. Boats docked in residential zoning districts cannot be used for habitation. As used in this section habitation means overnight occupation by one (1) or more persons while the vessel is moored, docked or anchored in any public waterway lying within the city.

(B)

Rafting. Rafting of vessels in residential zoning districts of the city is prohibited. Rafting is defined to mean the mooring or securing of two (2) or more vessels together, side by side, by line, cable or other device and moored or secured to any boat slip, dock, pier, wharf, dockage space or facility. This definition shall not include any vessel secured on davits or any other hoist, if such vessel is not located in water.

(C)

Docked vessel extending past property line. No watercraft shall be docked or anchored adjacent to residential zoned property in such a position that it extends beyond the side property lines of the property or is of such length that when docked or anchored adjacent to such property it extends beyond such side property lines, unless the adjoining property owners agree to such extension.

(D)

Docked vessel obstruction of waterway. Boats, vessels or watercraft moored to mooring structures shall not extend to more than thirty (30) percent of the width of the canal or waterway measuring from the recorded property line.

(E)

Use of vacant lots adjacent to docking for cooking, washing, etc. Where watercraft are docked or anchored adjacent to a vacant lot, such lot may not be used for cooking of meals, washing or drying of clothes or persons, bathing, shower bathing, erection of tents or canvasses, stringing of lights, or for any use not permitted by this article.

(F)

Repairing, remodeling, etc. Repair and maintenance of watercraft in residential zoning districts shall be permitted when such repair or maintenance is routine or minor in nature and does not involve major exterior alteration, rebuilding, complete refinishing, or removal of machinery, or the use of power tools (other than small hand-held power tools such as screw drivers or drills) and equipment (such as auxiliary power units or diesel generators) in such repair or maintenance.

(G)

Using boats as places of business. No vessel or watercraft of any kind whatsoever, moored, docked, or upon any of the publicly dedicated waterways in a residential zoning district shall be used as a place from which any business or professional services of any type whatsoever are conducted.

(H)

Hanging wearing apparel on outside of boats. No washed clothes or other wearing apparel shall be hung on the outside of any docked boat within a residential zoning district.

(I)

Docks, pilings and lifts. Dimensional standards for docks, pilings and lifts are regulated in article 240 (Docks and Mooring Structures).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In order to encourage and facilitate attractive and sustainable design of townhouses, townhouse developments shall be designed in compliance with the following standards.

(A)

Common walls between units shall be party walls, fire walls or as otherwise required for attached single-family dwellings in the Florida Fire Prevention Code. No interconnection between individual dwelling units is permitted.

(B)

Townhouse developments shall comply with one (1) of the following methods of land transfer and ownership:

(1)

The subdivision of the whole tract into individual lots, each to contain one (1) townhouse dwelling unit, together with the platting of the property in accordance with this code; or

(2)

Establishment of a condominium corporation by which the actual dwelling units are under individual ownership and the common areas of the development are owned by the condominium corporation; or

(3)

Maintaining the entire development in single ownership by recording a unity of title agreement with the city as a party, stipulating that the development shall not be subdivided unless in compliance with all requirements of this code and the city's release of the property from the unity of title.

(C)

Pervious area shall be calculated for the entire development, excluding back yards of each townhouse unit.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2025-010, § 2, 5-27-25)

(A)

[Windows.] Each dwelling unit shall have a minimum of one (1) exterior-facing façade with fenestration to provide light, air, or both.

(B)

[Laundry facilities.] Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises or provided within each individual dwelling unit. Exterior clothes lines are prohibited within any yard abutting a street and on all balconies facing a street.

(C)

Recreation space. A minimum of four hundred (400) square feet of on-site recreation space per dwelling unit is required for the joint use of the residents of the development. At least fifty (50) percent of the required recreation area shall be outdoors in other than a front yard. Each recreation space shall be developed with passive and active recreation facilities.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Swimming pools and pool decks may be constructed within required yards except the required front yard and any required yard abutting a street line.

(B)

Pools shall not be placed within a utility or drainage easement.

(C)

No part of a pool or pool deck may protrude more than six (6) inches above the finished floor elevation of the principal building. This requirement shall not apply to temporary above ground pools.

(D)

The minimum setback for a pool and pool deck is five (5) feet from any lot line except for a rear lot line abutting a canal or other waterway, in which case there is no minimum required setback.

(E)

Screen enclosures for swimming pools shall be located not less than five (5) feet from interior side lot lines and rear lot lines, and shall maintain a minimum fifteen-foot corner street side setback, or the required corner side street setback for principal structures, whichever is greater.

(F)

All swimming pools shall be enclosed as required by the building code, so that persons desiring to use the swimming pool facility cannot gain access to the swimming pool without going through such enclosure. The enclosure may be either a fence, screen enclosure or wall, including a building wall that acts as one (1) or more sides of the enclosure, subject to the requirements of the building code. Pursuant to the building code and Florida law, audible alarms may substitute for one (1) side of an enclosure that would prevent unauthorized pool access from within the dwelling. All gates or other means of entrance through the enclosure shall be self closing and self-latching, and all such gates shall be maintained in a latched condition when the swimming pool is not in use. The city shall not issue any permit for the construction of a swimming pool unless the plans make provisions for an enclosure of the types described in this section.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 3, 8-9-11)

Incidental services used in connection with multifamily dwellings in an RM-1 or RM-2 district, including, but not limited to, delicatessens, personal service shops and other businesses serving the residents of the premises, may be permitted provided the following conditions are fulfilled:

(A)

At least two hundred (200) dwelling units shall be contained within the development.

(B)

Not more than five (5) percent of the total building floor area within the development shall be so used.

(C)

Incidental services shall not have any frontage on a street, and shall not be directly accessible from a street.

(D)

No exterior or external advertising shall be permitted.

(E)

The comprehensive plan must authorize the accessory nonresidential uses in one (1) of the following ways:

(1)

The development is located within an area designated for mixed use on the future land use plan map; or

(2)

The flexibility provisions of the comprehensive plan are utilized; or

(3)

The incidental commercial uses are otherwise permitted by the comprehensive plan for developments designated Residential Medium (16 du/ac) or Residential Medium-High (25 du/ac) on the future land use plan map.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Definition. See section 725-30 (Terms defined).

(B)

Purpose. The purpose of this section is to allow for home occupations that are compatible with the neighborhood in which they are located such that the average neighbor will be unaware of their existence.

(C)

[Specifically permitted home occupations.] The following home occupations are specifically permitted. The director may permit additional home occupations upon determination that the home occupations are consistent with this section.

(1)

Artists and sculptors.

(2)

Authors and composers.

(3)

Home crafts for sale off site such as dressmaking and tailoring.

(4)

Office facility of a salesman, sales representative, or manufacturer's representative provided that no transactions are made in person on the premises.

(5)

Individual academic tutoring.

(6)

Preserving and home cooking for sale off site.

(7)

Individual instrument or dance instruction between the hours of 9:00 a.m. and 5:00 p.m. on Monday through Saturday of each week.

(8)

Telephone solicitation work.

(9)

Home offices, excluding medical offices and counseling services, provided that no transactions or meetings are made in person on the premises.

(10)

Home day care.

(D)

Standards. Compliance is required with all provisions of this code pertaining to residential uses as well as the following standards:

(1)

All aspects of the use, including storage, shall be conducted entirely within a dwelling and not outside or within an accessory building or structure.

(2)

Not more than twenty-five (25) percent of total floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises; signs shall not be displayed on the premises, there shall be no display of products visible in any manner from the outside of the dwelling, and no vehicles with signage shall be parked or stored on the premises unless in an enclosed garage except as provided in sections 105-120 through 105-130 (Commercial Vehicle Parking and Storage in Residential Districts).

(4)

Merchandise shall not be displayed or offered for sale either within or outside of the residence.

(5)

The use shall not generate pedestrian or vehicular traffic, except for:

(a)

Daily parcel pickups and deliveries by standard shipping carriers such as USPS, UPS and FedEx; and

(b)

Clients of tutors and instructors, provided that no more than one (1) individual may be on the premises at any one (1) time for tutoring or instruction.

(6)

No equipment, materials or process shall be used in a home occupation other than those which are customary for household or leisure purposes, and no equipment or process shall create a nuisance to adjoining properties including, but not limited to, noise, vibration, smoke, glare, fumes, odors, toxicity, or electrical interference. There shall be no storage of narcotic drugs, or hazardous or toxic materials for use in the home occupation.

(7)

The use shall have a valid business tax receipt from the City of Dania Beach and Broward County.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 3, 8-9-11; Ord. No. 2015-002, § 2, 1-13-15)

(A)

Purpose and intent. It is the purpose and intent of this section to restrict the use of outdoor storage containers in order to promote and protect the appearance of the city and the public health, safety and welfare.

(B)

Definitions. For the purpose of this section, the following terms are defined:

(1)

Containers, traditionally made from steel and having close-top, hinged doors may be used as modular building elements forming the structure of a building.

(2)

Storage container means any steel cargo container, or any similar container designed and intended for transporting materials on ships, trains, or trucks from one (1) location to another.

(3)

Temporary portable container means any container or receptacle, other than a storage container as defined above, designed for and used outdoors for the temporary portable storage of personal property. Temporary portable containers are ordinarily rented or leased to owners or occupants of real property and are placed and removed by means of a truck or other motor vehicle. Temporary portable containers do not have wheels or any other device or mechanism that raises any part of it above the surface upon which it is located.

(C)

Permitted storage containers. A storage container is permitted only as follows:

(1)

Storage containers are permitted within zoning districts that specifically permit outdoor storage, in which cases subsections (E) through (G) shall not apply.

(2)

Municipal or other governmental agencies may place a storage container upon a public property within any zoning district, in which cases subsections (E) through (G) shall not apply.

(3)

Not-for-profit charitable organizations, as well as authorized vendors, affiliates, or agencies of such organizations may place a storage container upon a lot as an accessory structure and use to a principal building and use, within a commercial or industrial zoning district, subject to subsections (E) through (G), including the requirement of subsection (F)(3) that a storage container to be located in the community redevelopment area shall require approval as a special exception use in accordance with article 630.

(D)

Permitted temporary portable containers.

(1)

A temporary portable container is permitted only as follows:

(a)

A temporary portable container is permitted upon a lot occupied by a single-family or two-family dwelling. The container shall only be located on a front yard driveway.

(b)

A temporary portable container is permitted upon a lot occupied by a multiple-family dwelling or townhome. The container must be placed entirely within a single paved and striped parking space.

(c)

Temporary portable containers are permitted on any lot where outdoor storage is specifically permitted by the applicable zoning district, in which cases subsection (E) shall not apply.

(2)

Temporary portable container permits.

(a)

A permit is required prior to placement of a temporary portable container upon any property. Permit application requirements shall be established administratively. The city commission may establish and update temporary portable container permit fees by resolution from time to time. The temporary portable container permit fee shall be waived for applications submitted during the sixty-day period following a named hurricane event which significantly impacts the city, as determined by the city manager. The container shall not be placed upon the property until the application is approved.

(b)

A copy of the permit shall be conspicuously displayed on the container, within a clear weatherproof pouch.

(c)

A permit to place a temporary portable container on a lot shall be issued not more than one (1) time per calendar year, and shall not be valid for more than thirty (30) consecutive days.

(d)

The city commission may consider a waiver to these requirements upon demonstration of a hardship that is not self-created and which the commission determines will not be detrimental to the adjacent community. An application for waiver must be authorized by the property owner, and shall be accompanied by a nonrefundable waiver application fee to be established by resolution of the city commission from time to time.

(e)

Despite the time limitations provided in this section, all temporary portable containers must be removed immediately from all lots where placed upon the issuance of a hurricane warning by the National Hurricane Center of the National Oceanic and Atmospheric Administration National Weather Service. The obligation to cause removal of the container rests with the owner of the site who shall sign a notarized statement to that effect, which must be submitted as part of all applications for temporary portable containers.

(E)

Maximum size and number of storage containers and temporary portable containers.

(1)

No temporary portable container shall exceed one hundred sixty (160) square feet and ten (10) feet in height.

(2)

No more than one (1) temporary portable container may be placed upon a lot, except as provided in subsection (6), below.

(3)

No storage container shall be allowed in the community redevelopment area unless approved as a special exception use in accordance with article 630. Additional conditions may be established by the city commission when granting a special exception under this subsection, based on site considerations and potentially resulting impacts upon the surrounding area or zoning district where the subject property is located, in accordance with section 630-50(B).

(4)

The director of community development may authorize two (2) or more temporary portable containers on industrial zoned lots, and may authorize two (2) or more storage containers that may exceed the size limitation in subsection (4) above, upon making all of the following determinations:

(a)

That the lot affords sufficient space for placement of the container;

(b)

That adequate parking and building access remain available on the site; and

(c)

That the adjacent property owner(s) do not have an objection to additional storage containers, as evidenced by written letter of no objection to the city.

(F)

Storage and temporary container restrictions. This subsection applies to both storage containers and temporary portable containers unless otherwise provided:

(1)

All storage containers shall provide the same setbacks as a principal building. Temporary portable containers shall be set back a minimum of five (5) feet from all street lines and property lines. Both storage containers and temporary portable containers shall not obstruct access to any building.

(2)

Display of signage on any container is prohibited, other than the name, address and telephone number of the container owner, permanently affixed to the container.

(3)

Containers shall be kept in good condition, well-painted, free from rust, discoloration, graffiti, holes and cracks.

(4)

If the container is capable of self-locking upon being closed, it must provide an emergency release device inside the entrance, visible in the dark, useable by a small child, in case anyone were to be accidentally locked inside.

(5)

The container shall not be used to store goods that are, or appear to be, destined for wholesale or retail purposes.

(6)

No hazardous substance of any type whatsoever shall be stored within any container.

(7)

Only personal property owned by the site owner or occupant shall be stored in a temporary portable container.

(8)

No owner or occupant of a site shall be issued a permit if any outstanding city liens are unpaid or code enforcement proceedings are pending pertaining to the site, the owner or the occupant.

(9)

A representative of the city shall be afforded immediate access upon request to determine if the contents of the container comply with the restrictions of this section.

(10)

Storage containers shall be anchored pursuant to Section 161.21, "General Design Requirements" of the Building Code.

(11)

Storage containers shall be completely screened on all sides by one (1) or more of the following, as approved by the director:

(a)

Walls or opaque fences with a minimum height of six (6) feet;

(b)

Hedges with a minimum height of five (5) feet; or

(c)

Any combination of walls, opaque fences, or hedges.

(G)

Containers. A container may be utilized as modular building elements forming the structure of a building for any permitted use provided the following applicable criteria: Applicant must apply for and obtain site plan approval, as is required under the criteria contained in article 635 of this Land Development Code (LDC). Single-family dwellings will be reviewed through the building permit process since these are exempt from the site plan process per LDC section 635-30.

(1)

Dwelling unit.

(a)

Containers may be used as dwelling units on properties located in residential zoning districts.

(b)

The use of containers as dwelling units shall be contingent upon architectural modifications being made to the exterior of the structures. Such modifications shall include the use of materials appropriate for residential use.

(c)

For properties zoned for multi-family uses, site plan approval must be obtained, as is required under the criteria contained in article 635 of this Land Development Code.

(d)

All other development standards shall be in accordance with the underlying zoning district in which the property is located.

(e)

Containers used for accessory structures purposes in residential districts must follow the regulations from LDC sections 215-90 and 220-70.

(2)

Non-residential main buildings uses:

(a)

Properties located within the noise contour from the airport must provide sound mitigation to the surrounding properties.

(b)

Design and performance standards. All applicable design regulations per the zoning district the site is located must be incorporated, in addition to the following:

(1)

All shipping containers used as principal structures shall be treated, painted, and maintained in good condition at all times with no visible structural damage, corrosion, or graffiti.

(2)

Containers used for commercial uses shall be modified and enhanced through the use of architectural features such as commercial doors and windows, awnings, outdoor lighting, seating, and landscaping planters. The community development director or designee will decide if the proposed modifications meet the design criteria standards established per district.

(3)

Signage shall be limited to building-mounted signs with a maximum sign area not to exceed five (5) square feet total as per the incidental sign regulations.

(3)

Non-residential accessory uses:

(a)

Containers used as an accessory building for commercial use shall be located in accordance with the setbacks applicable to the principal structure on the lot or parcel on which they are located.

(b)

Containers used as accessory structures shall not be located within any required off-street parking spaces, vehicle driveways or drive aisles, fire lanes, or pedestrian facilities.

(c)

All shipping containers used as accessory structures shall be treated, painted, and maintained in good condition at all times with no visible structural damage, corrosion, or graffiti.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 3, 5-8-12; Ord. No. 2023-006, § 1, 4-25-23; Ord. No. 2024-028, § 2, 7-9-24)

(A)

Applicability. The standards set forth in this section shall apply to any assembly use within a dwelling unit, on the lot occupied by the dwelling unit, or area that is owned and maintained in common by a homeowner's association, condominium association, or similar entity.

(B)

When permitted. Home and common area assemblies are permitted, whether for social, religious, or other reasons, as an accessory use to the principal residential use.

(C)

Frequency of assembly. Assemblies that occur more than four (4) times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use, and are not permitted.

(D)

Parking standard.

(1)

Home assembly uses. An assembly use within a dwelling unit, or upon a lot containing a dwelling unit, that results in the parking of eleven (11) or more vehicles is deemed to be beyond the scope of the accessory use and is not permitted. Vehicles parked within designated guest or unrestricted parking spaces, or upon a driveway meeting all requirements of section 265-100 on the site of a home assembly, shall not be counted toward the eleven (11) vehicles. Nothing in this paragraph shall be construed to allow parking within any yard other than upon an approved surface designated for parking as provided above.

(2)

Common area assembly use. A common area assembly use shall be deemed to be beyond the scope of the accessory use and shall not be permitted if it results in an additional six (6) vehicles being parked near the common-area-based assembly use, or if it creates parking demand in excess of the available supply of parking spaces provided for guests allocated to common-area functions.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

[Definition.] As used in this section, the term "mobile living unit" shall mean and refer to mobile homes and house trailers.

(B)

[Restrictions, exceptions.] It shall be unlawful to park, store or place any mobile living unit at any site within the city, other than as follows:

(1)

As provided in subsection (C), below;

(2)

At a trailer park that holds a valid business tax receipt;

(3)

As a temporary use pursuant to section 675-20 (Temporary uses), for a period of time not exceeding seven (7) days' duration, provided that mobile living units converted and used exclusively as a construction office may be permitted as a temporary use for the duration of an active building permit for construction of a nonresidential principal building or expansion of such nonresidential principal building, and residential construction for three (3) or more dwelling units on a single lot or adjoining lots; or

(4)

In any other manner for a period of more than six (6) consecutive hours, provided that such parking, storage or placement is not prohibited under another section of the code of ordinances.

(C)

Exemption for sales lots. The provisions of this section shall not apply to unoccupied mobile living units stored on the lots of trailer sales operators that hold a valid business tax receipt within the city where such unoccupied mobile living units are being held for sale.

(D)

[Natural disasters.] Notwithstanding subsection (B), the city manager may authorize temporary placement of mobile homes or other temporary housing within any zoning district following a natural disaster.

(E)

It is unlawful to use a mobile living unit for vacation rental use, or for short term or long term rental use.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2024-012, § 2, 3-26-24)

(A)

[Class A commercial vehicles.] Class A commercial vehicles as defined in section 725-30 shall not be parked, occupied or stored in any residential or mixed residential and commercial district, except that parking of such commercial vehicles by a service contractor during the course of a service call or work on premises is permitted.

(B)

[Class B commercial vehicles.] Class B commercial vehicles as defined in section 725-30 shall be parked or stored in the side or rear yard where accessible by alley, public or private road, or other legally permissible means. In the event the side or rear yard is legally inaccessible, then a single such commercial vehicle may be parked on a driveway in the front yard of the residence. Commercial vehicles parked in any yard abutting a street shall not encroach into the public right-of-way (ex: cannot block or overhang a sidewalk, swale, alley, or travel surface).

(C)

RMH District. Residents can park one (1) class B commercial vehicle weighing up to five thousand (5,000) pounds within a carport or enclosed building.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

No recreational vehicle, special purpose vehicle, trailer, utility trailer or boat (collectively referred to as "regulated vehicle" only for the purpose of this section and section 105-140) shall be parked in any residential district except as provided in this section.

(A)

Permitted locations. All regulated vehicles shall be parked or stored as follows:

(1)

In the side yard or rear yard.

(2)

On the driveway in the front yard in the event the side or rear yard is legally inaccessible, provided the regulated vehicle does not encroach into the public right-of-way (ex: cannot block or overhang a sidewalk, swale, alley, or travel surface). The regulated vehicle shall be oriented perpendicular to the street, except where parked on a paved circular driveway.

(3)

In no event shall any regulated vehicle be parked in the public road right-of-way.

(B)

Maximum height of regulated vehicles, boats and trailers. Thirteen and one-half (13.5) feet unless parked or stored in a wholly enclosed garage, in which case there is no height limit.

(C)

Maximum length and width of regulated vehicles, boats and trailers. Thirty (30) feet in length and ten (10) feet in width unless parked or stored within a completely enclosed, roofed and walled permanent structure, in which case no maximum dimensions apply.

(D)

Special purpose vehicles. No special purpose vehicle, as defined in section 725-30, shall be permitted to be parked or stored in any residential district except within a wholly enclosed garage or fully screened from view from the public right-of-way or abutting properties.

(E)

Maximum number. No more than one (1) utility trailer, one (1) recreational vehicle and one (1) boat shall be parked or stored on residentially zoned property, per dwelling unit, unless such others are within a completely enclosed permanent structure. Parking within the front yard when authorized by subsection (A) is limited to only one of the following: one (1) utility trailer or boat secured to a trailer, or one (1) recreational vehicle.

(F)

Mobile homes. No mobile home shall be parked or stored in a residential district. For the purposes of this section, a "mobile home" is defined to be a vehicular portable structure built on a chassis and designed to be used and capable of being used without a permanent foundation as a dwelling when connected with utilities. This definition does not include a vehicular structure equipped for the road and use as a temporary dwelling during travel, recreation or vacation.

(G)

RMH District. Residents may store one (1) boat and one (1) recreational vehicle per dwelling unit, provided such boat or recreational vehicle is stored in a location that does not encroach onto a street or visually obstruct vehicle egress from contiguous properties. All boats twelve (12) feet or longer must be secured onto a currently licensed boat trailer. Boats and recreational vehicles shall not be stored within a required parking space.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-005, § 2, 2-28-17)

The following restrictions apply to the parking of commercial vehicles, recreational vehicles, special purpose vehicles, trailers, utility trailers or boats (collectively referred to as "regulated vehicles" only for the purpose of this section and section 105-130):

(A)

Every regulated vehicle permitted in residential areas, except special purpose vehicles and except those regulated vehicles that are parked and stored within a completely enclosed building, shall have affixed onto the vehicle a currently valid license tag or decal and vehicle inspection sticker registered to the vehicle.

(B)

All regulated vehicles shall be parked or stored with all wheels and tires mounted and inflated and shall be maintained in a movable condition. No regulated vehicle shall be supported to any degree by concrete blocks, jacks or any other means of support, except for:

(1)

A truck-camper unit that has its own jack and is a structure designed to be mounted upon and carried by another vehicle; and

(2)

A recreational trailer that may be supported by an attached tongue.

(C)

Any wrecked, partially dismantled or rusted-out vehicles must be stored within a completely enclosed building.

(D)

Nothing in this section shall prohibit any person from making minor repairs to a vehicle on their own property, when such repairs are completed within a twenty-four-hour period.

(E)

No regulated vehicle shall be used as an accessory building, or for storage, or occupied in any manner, or connected to any utility or electrical service, except as necessary to perform minor or emergency repairs to such vehicle, and except for recharge of batteries. Nothing in this subsection shall prohibit the owner of a recreational vehicle, in an emergency situation, from temporarily residing in the recreational vehicle on the owner's property. However, in no event shall the recreational vehicle be used as a temporary residence for more than forty-eight (48) hours.

(F)

An opaque fence or hedge measuring six (6) feet in height shall be installed and maintained to enclose all yards within which any regulated vehicle is parked or stored. Any hedge must [be] selected and maintained to achieve the required height within two (2) years of planting, and shall be planted in compliance with subsection 275-190(I)(4), which governs the installation of shrubs.

(G)

It is unlawful to use a mobile living unit for vacation rental use, or for short term or long term rental use.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2024-012, § 2, 3-26-24)

(A)

A concession use shall be located entirely on city-owned land.

(B)

A concession use shall be operated in accordance with a lease agreement approved by the city.

(Ord. No. 2012-025, § 2, 10-9-12)

Accessory structures shall not contain kitchens or cooking facilities or be utilized for dwelling or lodging purposes.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Homes of six (6) or fewer residents that meet the definition of "community residential home, type 1" as defined in article 725 (see definition of special residential facility), shall be deemed a single-family dwelling unit and a noncommercial residential use, and shall be permitted in all districts that permit single-family or multifamily uses, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another community residential home with six (6) or fewer residents.

(B)

A "community residential home, type 2", as defined in article 725 (see definition of special residential facility), having more than six (6) residents is permitted in the CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, RM, RM-1, RM-2 and PRD-1 zoning districts subject to the following, and to the specific regulations of the applicable zoning district:

(1)

Such uses shall not be located within one thousand and two hundred (1,200) feet of another existing community residential home or within a radius of five hundred (500) feet of a single-family zoning district boundary.

(2)

Such uses shall meet the applicable licensing criteria established and determined by state agencies pursuant to F.S. Ch. 419.

(C)

"Residential care facilities", as defined in article 725 (definitions), are allowed by special exception in the RM-2, PRD-1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, CF, C-3 and C-4 zoning districts, subject to the special residential facilities provisions for density allocations under the Broward County Land Use Plan.

(D)

"Adult residential care facilities", as defined in article 725 (definitions), with more than one hundred (100) sleeping rooms are allowed by special exception in the RM-2, PRD-1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, C-3, and C-4 zoning districts subject to the following requirements:

(1)

The facility must have frontage on, and direct vehicular access to, either a minor arterial containing at least one hundred ten (110) feet of right-of-way, or a principal arterial as designated on Broward County Traffic-ways Plan.

(2)

The facility shall provide the following services: At least (1) full meal per day from a central dining facility; central housekeeping services to its residents no less than weekly; a full-time registered nurse on call to the residents; planned activities, which may include, but are not limited to, social, educational and recreational activities.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 3, 5-8-12; Ord. No. 2014-004, § 2, 5-27-14; Ord. No. 2016-007, § 2, 3-22-16; Ord. No. 2025-016, § 4, 8-26-25)

The following uses of land that existed at the date of adoption of this code shall be considered conforming uses, subject to the standards and requirements of this section:

(A)

Agriculture, including the repair of vehicles and equipment necessary for operation of a farm. The keeping, breeding and use of animals is limited to the following:

(1)

Breeding, raising or keeping of one (1) animal for each full ten thousand (10,000) square feet of lot area. This restriction does not apply to household pets.

(2)

On lots exceeding four and one-half (4.5) acres in net area, one (1) additional animal is permitted for each full ten thousand (10,000) square feet of lot area, provided all animals are sheltered.

(3)

There is no animal limit on lots exceeding ten (10) net acres in size.

(4)

The following are permitted on a lot containing a permanent dwelling: a total of twenty-five (25) birds and fowl, provided they are kept in an enclosure at least fifty (50) feet from any lot line; and wildlife pets as permitted and licensed by the state. Offspring under the normal weaning age for the species are not included in calculating the number of animals.

(5)

Agricultural Farm operations as governed by the Florida Right to Farm Act, F.S. Ch. 823.14 are authorized for agricultural farms.

(B)

Electrical power lines.

(C)

Governmental facilities.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2022-004, § 1, 1-11-22)

Places of worship zoned Broward County I-1 District as of the date of adoption of this code [September 14, 2010], and subsequently designated RS-6000 by this code that are consistent with the existing future land use plan map designation of such properties, shall be deemed to be conforming uses. In no other instance is any place of worship permitted in the RS-6000 District.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Existing uses only. Application of the RMH District is limited to mobile home parks and mobile home subdivisions that existed as of the date of adoption of this code.

(B)

Access. Each lot or site must abut a hard-surfaced twenty-foot-wide travel surface with an unobstructed clear zone of at least five (5) feet on each side of the travel surface, with unobstructed legal access to a public street. Each lot or site must have a driveway and parking as required by article 265 (Off-Street Parking Requirements).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

See section 110-60 (Mechanical amusement devices).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Site plan required for rezoning. No property may be rezoned PRD-1 without the review and approval of a site development plan by the city commission.

(B)

Areas eligible for rezoning to PRD-1. The PRD-1 District may be utilized throughout the city, with the exception of any land within a CRA form-based zoning district of part 3 of this code.

(C)

Density. Density shall be determined by the city commission in accordance with the provisions of the comprehensive plan (including allocation of flex and reserve units if applicable). Residential density shall not exceed five (5) units per gross acre for single-family cluster developments; eight (8) units per gross acre for other single-family and two-family development; and sixteen (16) units per gross acre for townhouse development; and thirty-five (35) units per acre for multi-family units, which may be increased to fifty (50) units per acre for multi-family units which meet the density bonus criteria in section 105-220(J)(3). See section 205-10 (Schedule of lot, yard and bulk regulations).

(D)

Required information. A site development plan for the purposes of this section shall include, but is not limited to, the following plans, designs, specifications and information:

(1)

The proposed division and layout of the individual lots in such detail as to show the city the method by which the developer proposes to plat the parcel into individual lots.

(2)

Preliminary paving, grading, and drainage plan with grades or contours.

(3)

Elevations, floor plans and uses of all buildings and structures.

(4)

Location and character of all facilities for waste disposal.

(5)

All curb cuts, driveways and parking areas.

(6)

All walks, yards and open spaces.

(7)

Location, size, character, height and orientation of lighting.

(8)

Location, height and general character of walls and fences.

(9)

Landscape plan.

(E)

General standards; site development plan. In reviewing and approving such site development plan, the city commission shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure or use and their appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards, open spaces and relationships to adjacent property. More specifically:

(1)

The site development plan shall be consistent with the comprehensive plan and where applicable, the community redevelopment area plan.

(2)

The site development plan shall provide for an effective and unified treatment of the development possibilities on the project site.

(3)

Application of the principles of new urbanism is encouraged where appropriate with respect to the location of parking, building orientation and open space.

(4)

The design of buildings and parking facilities shall take advantage of the natural features and topography of the project site, where appropriate.

(5)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(6)

Existing specimen trees shall, to the greatest extent possible, be preserved or relocated on site and integrated into the landscape plan.

(7)

Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design.

(8)

Parking areas shall be landscaped and screened from public view to mitigate their visual impact.

(9)

Parking areas shall be designed with careful regard to orderly arrangement, landscaping and ease of access, and shall be developed as an integral part of an overall site design.

(10)

The site development plan shall be designed to be compatible with existing and conforming development, and proposed development in the area surrounding the project site.

(F)

Conditions of approval authorized. As part of the PRD-1 approval process, the city commission may approve a site development plan with reasonable conditions that the commission deems are necessary to further the purpose of this article.

(G)

Flexibility to reduce yard requirements. The city commission may reduce the minimum yard requirements during site plan review if the size, width, depth, configuration, or location of a lot makes it impractical to provide the required setback.

(H)

Flexibility to reduce building separation. The city commission may reduce the minimum required distance between buildings during site plan review after considering the location, orientation, size, height, and utilization of any two (2) or more buildings or structures; and the distribution of interior open space.

(I)

Single-family cluster option. Clustering of single-family detached dwellings is permitted subject to the development standards of section-10 (Schedule of lot, yard and bulk regulations), and subject to the following open space requirements:

(1)

Not less than forty (40) percent of the total project site area shall be preserved in pervious open space that is commonly owned and maintained, which may include active and passive recreational areas, greenways, buffer strips, gardens, nature preserves and other similar uses.

(2)

Provisions shall be made to assure that common areas and facilities that are to be jointly utilized by project residents shall be maintained in a continuous and satisfactory manner and without expense to the city. Such assurance may be provided by the requirement of homeowner association memberships for the purpose of holding joint title to, and assessing monthly maintenance fees for, such areas and facilities. Other methods may be acceptable if they satisfactorily provide for the proper and continuous payment of taxes, expenses and maintenance without any part of such charges being incurred by the city. The agreement incorporating such provisions shall be reviewed by the city attorney as to form and legal sufficiency, and recorded.

(J)

Multifamily/Mixed-Use Option. A multifamily use is permitted subject to the development standards of section 205-10 (schedule of lot, yard, and bulk regulations) and the following additional requirements for mixed-use developments:

(1)

The development may include commercial uses on the ground floor of the development such that the development is a mixed-use development as provided by the City of Dania Beach Comprehensive Plan. The following commercial uses shall be permitted:

i.

Athletic clubs/studios;

ii.

Banks and financial institutions with no drive-thrus;

iii.

Bakeries;

iv.

Delicatessens;

v.

Copy shop;

vi.

Day care centers;

vii.

Dry-cleaning establishments (no cleaning on premises);

viii.

Fast food restaurant with no drive-thrus;

ix.

Retail establishments;

x.

Office (business, professional and medical);

xi.

Personal service establishments;

xii.

Restaurants;

xiii.

Retail pharmacy; and

xiv.

Retail stores and those uses which are customarily accessory and clearly incidental to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales, and discount retail.

(2)

The mixed use development shall be located abutting an arterial roadway and shall occupy the majority of the ground floor building area (excluding parking garages).

(3)

Bonus density criteria: The multi-family use may be in a single use residential building and have a density of fifty (50) units per acre provided that the following criteria are met:

i.

The multi-family use has access to a state road without the necessity of access to another public road;

ii.

The multi-family use includes a minimum of fifteen (15) percent of affordable housing units income restricted for a minimum of thirty (30) years for individuals with a household income not exceeding one hundred twenty (120) percent of the Broward County Area Median Income;

iii.

The multi-family use has shared vehicular and pedestrian access with an existing or proposed commercial use; and

iv.

The multi-family use is within a quarter mile of an existing or proposed transit stop.

(K)

Former PUDs. The Planned Unit Development District (PUD) was established on July 20, 1976, by Ordinance Number 100. Of the five (5) versions of the PUD that were adopted, only one (PUD-B) was ever mapped and utilized for development. Ordinance Number 2010-020 adopted on September 14, 2010, repealed the PUD districts and rezoned and redesignated properties with PUD-B zoning to the PRD-1 District. Development within the redesignated PRD-1 districts shall be deemed to be fully conforming with the code, pursuant to the approved site development plans and agreements made part of the respective rezoning ordinances. The nonconforming provisions of this code shall not apply to development formerly zoned PUD-B that have been redesignated PRD-1.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-007, § 4, 2-22-11; Ord. No. 2017-022, § 2, 7-25-17; Ord. No. 2020-007, § 2, 4-28-20; Ord. No. 2020-013, § 2, 10-27-20)

The conditions of use required for a community garden/urban farm use within any residential zoning district where permitted by Part 1 of the Land Development Code are as follows:

(A)

The activity must be city operated or administered through a management agreement approved by the city or CRA.

(B)

Permitted hours of use are from sunup to sundown.

(C)

One storage shed is permitted, which shall have a maximum square footage area of four hundred (400) square feet, and a maximum allowable height of fourteen (14) feet as measured at the highest point of the structure's roof.

(D)

The keeping of animals is prohibited; however, bees in bee hives (apiaries) are permitted provided that operators shall obtain and maintain all applicable licenses, permits, certificates, registrations and approvals from the State of Florida Department of Agriculture and Consumer Services and the city.

(Ord. No. 2012-015, § 2, 8-14-12)

The conditions of use required for a farmer's market use within any zoning district where permitted by Part 1 of the Land Development Code are as follows:

(A)

The activity must be city-operated or administered through a management agreement approved by the city.

(B)

One storage shed is permitted, which shall have a maximum square footage area of four hundred (400) square feet, and a maximum allowable height of fourteen (14) feet as measured at the highest point of the structure's roof.

(C)

The possession, sale or both of live animals is prohibited.

(D)

One monument sign is permitted in accordance with section 505-40.

(E)

A parking plan showing adequate parking shall be provided for the expected parking need, which shall be approved by the City in conjunction with the management agreement for the market.

(F)

Hours of use are from sunup to sundown.

(G)

Goods permitted to be sold are limited to agricultural and horticultural produce, cottage food products permitted by F.S. § 500.80, and other permitted accessory merchandise and uses authorized by operating agreement with the city.

(H)

Operators, vendors and merchants must obtain all applicable licenses, permits, certificates and approvals.

(Ord. No. 2012-015, § 2, 8-14-12; Ord. No. 2014-004, § 2, 5-27-14)

(A)

This section implements the policy of the city for the processing of requests for reasonable accommodation related to its ordinances, rules, policies, and procedures for persons with disabilities, or a provider of services to the disabled, as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual who qualifies as disabled under the FHA, ADA or both. Any person who is disabled or a provider of services to the disabled qualifying for a reasonable accommodation may request a reasonable accommodation with respect to the city's land use and zoning laws, rules, policies, practices and procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. The purpose of a reasonable accommodation is to modify a specific city requirement to ensure an individual with a disability has an equal opportunity to use and enjoy a dwelling.

(B)

A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of an application and submittal of a written statement relating to the reasonable accommodation request, which application (and shall be submitted to) the community development department (the "department"). The reasonable accommodation statement shall contain such information and as is necessary for processing the application and submittal of a written statement related to a reasonable accommodation request. If an eligible individual needs assistance to make a request for an accommodation, the department will provide assistance, including, but not limited to, transcribing a verbal request into a written request. The application shall be available at the department and online on the city's website.

(C)

Should the information provided by the applicant to the city include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual or his/her clientele, such individual may, at the time of submitting such medical information, request that the city, to the extent allowed by law, treat such medical information as confidential information of the disabled individual or his/her clientele. The city shall thereafter endeavor to provide written notice to the disabled individual or the disabled clientele of the applicant, representative or both, of any request received by the city for disclosure of the medical information or documentation which the disabled individual has previously requested to be treated as confidential. The city will cooperate with the applicant or disabled individual to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the applicant or disabled individual.

(D)

When a complete reasonable accommodation application has been submitted to the department, it will be referred to a city special magistrate who shall have the authority to consider and act on requests for reasonable accommodation, after notice and hearing in accordance with article 610 of the Land Development Code of the city. The department may evaluate the application and prepare a staff report to address the factors listed in subsection (E) and is authorized to recommend such conditions as may be determined to be necessary to grant a reasonable accommodation given the context of the application. The special magistrate shall consider the request form, the staff report, if applicable, and any other relevant testimony or evidence concerning the request for a reasonable accommodation.

The request for a reasonable accommodation shall be placed on the docket to be heard by the special magistrate within forty-five (45) days of receipt of the complete reasonable accommodation request form. A written determination conforming to the decision of the special magistrate shall be issued within fifteen (15) days of the completed hearing and may, in accordance with federal law:

(1)

Grant the accommodation request;

(2)

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request or both; or

(3)

Deny the request, in accordance with federal law.

Any such denial shall be in writing and shall state the grounds for the denial. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his/her representative) by certified mail, return receipt requested.

If reasonably necessary to reach a determination on the request for reasonable accommodation, the special magistrate may, prior to the end of the meeting at which the request is considered, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information to the department. In the event a request for additional information is made, the Department shall have an additional (45) forty-five-day period after the receipt of the additional information to set a second hearing before the special magistrate and a written determination shall be issued within fifteen (15) days after the second hearing. If the requesting party fails to provide the requested additional information within the (15) fifteen-day period, a written notice will be issued advising that the requesting party had failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned or withdrawn and no further action by the city with regard to the reasonable accommodation request shall be required.

(E)

The written decision on a request for a reasonable accommodation made by the special magistrate shall be consistent with the FHA and ADA and based on the following factors:

(1)

Whether the requesting party has established that he/she, or the individual on whose behalf the application was submitted, is protected under the FHA, ADA or both by demonstrating that the person is disabled, as defined in the FHA, ADA or both. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show:

a.

A physical or mental impairment which substantially limits one (1) or more major life activities;

b.

A record of having such impairment; or

c.

That the person is regarded as having such impairment.

(2)

Whether the requested accommodation is reasonable and necessary to afford the disabled individual an equal opportunity to use and enjoy the dwelling.

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city.

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the city.

If the special magistrate finds that the requested accommodation will impose an undue financial or administrative burden on the city or will require a fundamental alteration in the nature of the land use and zoning regulations of the city, the special magistrate may determine whether an alternative reasonable accommodation exists which would effectively meet the disability-related need. An alternative reasonable accommodation may be the requested accommodation with conditions.

(F)

The city or the applicant may appeal a decision of the special magistrate to the circuit court in and for Broward County, Florida, in accordance with the Florida Rules of Appellate Procedure.

(G)

There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section and the city shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorney fees and costs in connection with the request, or an appeal. The cost of the advertisement, mailer and labels will be assessed against the applicant.

(H)

While an application for reasonable accommodation, or appeal of a determination of same, is pending, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

(I)

The following general provisions shall be applicable:

(1)

The city shall display a notice in the city's public notice bulletin board (and shall maintain copies available for review in the department and the city clerk's office), advising the public that disabled individuals or providers of services to the disabled qualifying for a reasonable accommodation may request reasonable accommodation as provided in this section.

(2)

A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by an attorney, legally appointed guardian, or other person designated by the disabled individual pursuant to a power of attorney.

(3)

The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is accessible.

(4)

In the event that a reasonable accommodation is granted, the applicant shall comply with any and all applicable building and engineering permitting processes required by the Code of Ordinances and the Land Development Code of the city.

(5)

A reasonable accommodation is specific to the individual with a disability and does not run with the land.

(6)

A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal, state, county or city requirements, rules, regulations, or laws.

(Ord. No. 2022-007, § 3, 1-25-22)

(A)

Purpose and intent. It is the purpose and intent of this section to establish defined regulatory guidelines that promote the development of accessory dwelling units in a manner that does not change the character of our single-family neighborhoods and to support F.S. § 163.31771 to offer more affordable housing through the permitting of accessory dwelling units in single-family districts.

(B)

Definitions. For the purpose of this section, the following terms are defined:

(1)

Accessory dwelling unit (ADU) means an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area existing within the same structure or on the same lot as the principal dwelling unit on a single-family zoned lot. This shall not be considered a multifamily use.

(2)

Principal dwelling unit means the single-family home developed on the lot subject to all requirements of the zoning district to which it is located.

(C)

Districts permitted.

(1)

Subject to all requirements of this section, accessory dwelling units are permitted on residential single-family lots within any zoning district where single-family residential use is permitted.

(2)

In areas designated residential multifamily, ADUs are only permitted on lots that contain a single-family dwelling.

(3)

In districts where single-family homes are no longer permitted, legally non-conforming single-family dwellings within those districts are permitted to construct an ADU consistent with the regulations set forth in this section. Except for the following:

(a)

ADUs are not permitted within the mixed-use CRA form-based districts.

(b)

Accessory dwelling units are not permitted in any industrial, commercial, residential office, or marine-zoned district.

The following chart details the permissibility of accessory dwelling units within the residential single-family, multifamily, and neighborhood-zoned districts.

(D)

General requirements.

(1)

Accessory dwelling units shall not be used as a short-term rental as defined and regulated in chapter 16 of the city's Code of Ordinances.

(2)

An ADU shall have an occupancy classification of "single-family residence" pursuant to the Florida Building Code, Residential, Eighth Edition, and at no time shall the occupancy of an ADU exceed the maximum occupant load for the property under the Florida Building Code.

(3)

Owners must ensure that when a family is renting an ADU, the structure meets minimum dwelling requirements for the size of the family projected to reside within, subject to section 8-21. See additional regulations regarding rental id ADU in section 105260 (F)(2).

(4)

No more than one (1) ADU shall be permitted on a lot developed with a principal dwelling. The ADU may be a separate detached unit, an attached unit to the primary dwelling, or a repurposed existing space within the primary dwelling, including garage conversions.

(5)

An ADU over a garage or a similar structural form shall be permitted only when the principal dwelling on the lot has two (2) stories.

(6)

Recreational vehicles, travel trailers, mobile houses, or similar structures are not permitted to be used as accessory dwelling units.

(7)

The design of the accessory dwelling unit shall be compatible and complementary and share an aesthetic likeness to the principal dwelling structure.

(8)

The ADU shall not be sold separately from the primary dwelling, nor shall the land ever be subdivided.

(9)

This section does not exempt property owners from complying with and obtaining homeowner association (HOA) or community management approval.

(E)

Design guidelines.

(1)

Accessory dwelling units must comply with all requirements of the zoning district to which it is located but must adhere to these additional requirements:

(a)

Maximum floor area. The square footage of an accessory dwelling unit shall not exceed fifty percent (50) of the square footage of the principal building or five hundred (500) square feet and must be a minimum of three hundred and fifty (350) square feet.

(b)

Base components. An accessory dwelling unit shall have, at a minimum, a fully functioning food preparation area, a sleeping area, one (1) bathroom, and a separate entrance from the outside.

(c)

Parking. At least one (1) off-street parking space shall be provided for the ADU in addition to the parking requirements set forth in article 265 for the principal use.

(d)

Setbacks. ADUs will follow all setbacks set forth section 215-90.

(e)

Height. The height of an ADU may not exceed the tallest point of the principal structure.

(f)

Utilities. An ADU may have separate electrical, gas, and other types of utility meters from the principal structure.

(g)

Address. An ADU may obtain a separate house or unit address from the principal structure. Any new address must be assigned by the city.

(h)

Impervious standards and landscaping. Must maintain impervious areas pursuant to article 27, section 27-227, article 215 and article 275 of this code.

(i)

All ADUs must include a minimum of five (5) green design practices, as established in section 206-80 of this code.

(F)

Permit required.

(1)

No ADU shall be constructed, or a portion of a primary dwelling renovated or repurposed to accommodate an ADU before an approved building permit for such work is issued.

(2)

In addition to these requirements, property owners must receive and maintain a certificate of use and an active local business tax receipt prior to renting an accessory dwelling unit on their property.

(Ord. No. 2025-008, § 2, 4-22-25)

The detailed use regulations of this article do not apply within the CRA form-based districts, Planned Small Lot Mixed-Use Development District (PMUD-SL), or Planned Mixed Use Development District (PMUD) of part 3 of this code unless otherwise provided.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 3, 10-13-15; Ord. No. 2019-015, § 3, 10-7-19)

Included in the table below are permitted, special exception and prohibited uses within commercial districts, the Residential Office (RO) District, the Marine District, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Unless otherwise provided, this table shall not apply to uses in the Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD or PMUD-SL shall be identified and established pursuant to the approved PMUD or PMUD-SL Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and articles 340 and 350 of this chapter.

Expand

		INDUSTRIAL		MIXED-USE DISTRICTS						COMMERCIAL ZONING DISTRICTS
				CRA FORM-BASED DISTRICTS
Legend P - Permitted P(#) - Permitted subject to numbered footnote A - Permitted accessory use only SE - Permitted special exception use only		Marine	RO (see sec 110-180)	CC	EDBB-MU	SFED-MU	GTWY-MU	GTWY-MU-II	NBHD-MU	C-1	C-2	C-3	C-4
	- Not permitted
USES
Accessory uses to permitted and special exception uses		A	NP	A	A	A	A	A	A	A	A	A	A
Arcade or amusement center [subject to sections 110-60, 110-190]		NP	NP	SE	SE	SE	SE	SE	SE	NP	NP	NP	NP
Art galleries, museums, and libraries		SE	NP	P	P	P	P	P	P	NP	P	P	P
Assembly and light fabrication of goods and materials		SE	NP	SE	NP	NP	NP	NP	SE	NP	NP	NP	SE
Assembly, repair, and fabrication of premanufactured art objects, apparel, jewelry, and home furnishings, accessory to retail use [subject to section 110-150]		NP	NP	A	A	A	NP	NP	A	NP	A	A	A
Athletic clubs/studio		NP	NP	P	P	P	P	P	P	NP	P	P	P
Auditoriums, theaters and convention halls, movie theaters		NP	NP	SE	SE	SE	SE	SE	NP	NP	SE	SE	SE
Automobile rental establishments, other [subject to section 110-80]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE
Automobile rental establishments, with parking or storage for ten (10) or fewer vehicles [subject to section 110-190]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Automobile repair, minor [subject to section 110-90]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Automobile, truck, motorcycle, boat, trailer, recreation vehicle sales, display, accessory repair and service		NP	NP	SE	SE	SE	NP	NP	NP	NP	NP	NP	P
Auto parts, retail or wholesale		NP	NP	NP	P	P	P	P	P	NP	P	P	P
Bail Bond [subject to section 110-310]		NP	NP	P	P	NP	NP	NP	NP	NP	NP	NP	NP
Banks and financial institutions		NP	NP	P	P	P	P	P	NP	P	P	P	P
Bakeries, delicatessens		NP	NP	P	P	P	P	P	P	NP	P	P	P
Bingo hall		NP	NP	SE	SE	SE	SE	SE	SE	NP	NP	NP	NP
Boat painting		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Boats, Indoor storage of new or used only on property abutting a navigable waterway		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Boats, Outdoor storage of new or used		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Boats marine parts store		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Boat sanitary waste pumpout facilities		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Bus depot for storage and maintenance of buses and related office facilities [subject to section 110-290]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	P
Cabinet or furniture shop [subject to section 110-250]		P	NP	NP	NP	NP	NP	NP	P	NP	NP	NP	NP
Catering establishments [*subject to section 302-20(22)]		NP	NP	NP	NP	NP	NP	NP	P*	NP	NP	P	P
Charitable, civic, fraternal and professional organizations, excluding social service providers and agencies		NP	NP	SE	SE	SE	SE	SE	SE	NP	SE	SE	SE
Charity or thrift shop		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	P	P
Check cashing stores [subject to section 110-190]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
City of Dania Beach municipal use		P	NP	P	P	P	P	P	P	P	P	P	P
Community garden/urban farm [subject to section 105-230]		NP	NP	P	P	P	P	P	P	NP	NP	NP	NP
Contractor shop [subject to section 110-270]		NP	NP	NP	NP	NP	NP	NP	P	P	P	P	P
Contractor shop, repair or service shops (air conditioning, carpenter, plumbing, electrical, glass, marine, cloth or canvas)		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE
Copy shop, printing shop		NP	NP	P	P	P	P	P	P	NP	P	P	P
Day care centers		NP	NP	P	P	P	P	P	P	NP	P	P	P
Dock and docking of boats and ships (excluding dry docks), including the operations of charter boats		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Drive-through service, other [subject to sections 110-190, 110-220]		NP	NP	NP	P	P	P	NP	NP	P	P	SE	SE
Dry cleaning establishments, excluding self service laundries, for direct service to customers		NP	NP	P	P	P	P	P	P	NP	P	P	P
Dry lot storage and dry stack storage of boats		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Exhibit/Event space		NP	NP	SE	NP	SE	NP	NP	NP	NP	NP	NP	NP
Farmer's market [subject to section 105-240]		NP	NP	P	NP	NP	NP	NP	NP	NP	NP	NP	NP
Fast food restaurant in an existing building [subject to section 110-190]		NP	NP	P	P	P	P	P	NP	P	P	P	P
Fast food restaurant in a new multi-tenant, or attached building (not free standing) [subject to section 110-190]		NP	NP	P	P	P	P	P	NP	P	P	P	P
Fortune tellers, palmists, clairvoyants or astrologists [subject to section 110-190 & Chapter 12.5]		NP	NP	P	P	P	P	P	P	NP	P	P	P
Freestanding drive-through restaurant [subject to section 110-190]		NP	NP	NP	P	P	P	NP	NP	NP	NP	SE	SE
Funeral homes and mortuaries		NP	NP	NP	P	P	NP	NP	NP	NP	NP	SE	SE
General service and repair shop		NP	NP	P	P	P	P	P	P	NP	P	P	P
Gun shops [subject to section 110-190]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Hotel [subject to section 110-100]		NP	NP	P	P	SE	P	P	NP	NP	SE	SE	SE
Indoor play center providing primarily physical and imaginative non-electronic recreational opportunities for primarily preschool and elementary aged children, and which may also offer accessory retail sales, food and beverage sales [*subject to section 302-20(22)]		NP	NP	NP	NP	P	NP	NP	P*	P	P	P	P
Kennel (subject to section 302-20(A)(21))		NP	NP	P	P	P	P	P	P	NP	NP	NP	P
Large retail establishment [subject to sections 110-120, 110-190; articles 510, 520]		NP	NP	P	P	P	P	P	NP	NP	SE	SE	SE
Light industrial marine uses not itemized in this section		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Liquor, package stores [subject to section 110-50]		NP	NP	NP	NP	NP	NP	NP	NP	NP	P	P	P
Liquor, package stores accessory to grocery retail use of at least 27,500 square feet [subject to section 110-50]		NP	NP	A	A	A	A	NP	NP	NP	A	A	A
Manufacturing and repair (excluding painting) of boats, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Marine-related educational facilities		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Massage therapy services as accessory to a full service personal service establishment only [subject to section 110-280]		NP	NP	A	A	A	A	A	A	A	A	A	A
Medical Marijuana Retail Center [subject to section 110-190(C)]		NP	NP	P	P	P	P	P	P	NP	P	P	P
Merchandise rental or leasing stores		NP	NP	NP	SE	SE	SE	SE	SE	NP	NP	SE	SE
Microbrewery, or craft distillery with tasting room (required) [subject to section 110-50]		NP	NP	P	SE	SE	SE	SE	SE	NP	NP	NP	NP
Mixed residential and commercial uses		NP	NP	P	P	P	P	P	P	NP	NP	NP	NP
Mobile food vendor [subject to section 110-320]		NP	NP	P	P	P	P	NP	NP	NP	P	P	P
Mobile vendor, except as permitted in conjunction with a temporary use approved under article 675		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Motor fuel pumps, retail [subject to section 110-90]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Multifamily dwellings		NP	P	P	P	P	P	P	P	NP	NP	NP	NP
Office, business		NP	P	P	P	P	P	P	P	P	P	P	P
Office, professional		NP	P	P	P	P	P	P	P	P	P	P	P
Office, medical [section 110-40 and section 110-190(C) govern pain management clinics]		NP	NP	P	P	P	P	P	P	NP	P	P	P
Outdoor produce sales [subject to section 110-160]		NP	NP	A	A	A	A	A	A	A	A	A	A
Outdoor restaurant seating [subject to section 110-200]		NP	NP	A	A	A	A	A	A	NP	SE	SE	SE
Outdoor sales, leasing, rental, display, storage of fully assembled new boats, new trailers and marine vessels		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Outdoor sales, leasing, rental, display, storage of fully assembled used boats, trailers and marine vessels		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Outdoor stands, other; open counters		NP	NP	SE	SE	SE	SE	NP	NP	SE	SE	SE	SE
Outdoor storage of fully-assembled, operational passenger vehicles, boats and boat trailers, and recreational vehicles [subject to section 110-300]		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Outdoor storage of new materials and equipment [subject to section 110-210]		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE
Painting of boats		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Pawn shops [subject to section 110-190]		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Personal service establishments		NP	NP	P	P	P	P	P	P	P	P	P	P
Places of worship		NP	NP	P	P	P	P	NP	NP	P	P>P	P
Public or private parking facility (principal use)		NP	NP	P	P	P	P	P	P	NP	P	P	P
Resale boutique and consignment shop, for profit		NP	NP	NP	P	P	P	P	P	NP	P	P	P
Residential care facility [subject to section 105-170]		NP	NP	NP	SE	SE	SE	SE	NP	NP	NP	SE	SE
Residential care facility, adult [subject to section 105-170]		NP	NP	NP	SE	SE	SE	SE	NP	NP	NP	SE	SE
Restaurants, full service without live entertainment [subject to section 110-50]		NP	NP	P	P	P	P	P	P	P	P	P	P
Restaurants and bars with live entertainment as an accessory use [subject to section 110-50]		NP	NP	P	P	P	P	SE	SE	NP	SE	SE	SE
Restaurant, drive-in [subject to sections 110-190, 110-220]		NP	NP	NP	P	P	P	NP	NP	NP	NP	SE	SE
Restaurant, takeout		NP	NP	P	P	P	P	P	P	P	P	P	P
Retail pharmacy [subject to section 110-190(C)]		NP	NP	P	P	P	P	P	P	NP	P	P	P
Retail stores [subject to section 110-190(C)]		NP	NP	P	P	P	P	P	P	NP	P	P	P
Roadside vendors		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
School, academic		NP	NP	NP	SE	SE	SE	SE	NP	SE	SE	SE	SE
School, college		NP	NP	SE	SE	SE	SE	SE	NP	SE	SE	SE	SE
School, specialty		SE	NP	P	P	P	P	SE	NP	SE	P	P	P
Scooter or motorized/electric car rental [subject to section 110-240]		NP	NP	P	P	P	P	NP	NP	NP	NP	NP	NP
Self-service or coin-operated laundry [subject to section 110-190]		NP	NP	NP	NP	NP	NP	NP	SE	NP	NP	SE	SE
Sign fabrication, sign printing [subject to section 110-250]		NP	NP	NP	NP	NP	NP	NP	P	NP	NP	P	P
Single-family residence		NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Storage [subject to section 110-260]		NP	NP	NP	NP	NP	NP	NP	P	NP	NP	NP	NP
Storage and sales of lumber and building materials within a completely enclosed building		SE	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE
Tattoo or body piercing parlor [subject to section 110-190]		NP	NP	SE	NP	NP	NP	NP	NP	NP	NP	SE	SE
Temporary uses and special events [subject to article 675]		A	NP	P	P	P	P	P	P	P	P	P	P
Veterinarian, animal hospital (excluding boarding)		NP	NP	P	P	P	P	P	P	NP	SE	P	P
Vinyl sign fabrication and sign printing shops (excluding metal fabrication sand blasting and spray painting processes) [*subject to section 302-20(22)]		NP	NP	NP	NP	SE	SE	SE	P*	NP	SE	SE	SE
Warehousing with up to twenty (20) percent ancillary office space [*subject to section 302-20(22)]		A	NP	NP	NP	NP	NP	NP	P*	NP	NP	SE	P
Watchman or caretaker dwelling unit [subject to sections 110-30, 230-20]		A	NP	A	A	A	A	A	A	NP	A	A	A
Wet or dry stack marina and related facilities [subject to section 110-170]		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	SE	SE
Wholesale: Combined office-distribution/showroom-warehouse facilities with up to twenty percent (20%) ancillary office space		P	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
Wholesale: Combined officeshowroom-warehouse facility with up to twenty percent (20%) ancillary office space [*subject to section 302-20(22)]		P	NP	NP	NP	NP	NP	NP	P*	NP	NP	NP	P
Winery with tasting room (required) [subject to section 110-50]		NP	NP	P	SE	SE	SE	SE	SE	NP	NP	NP	NP

 

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 3, 11-23-10; Ord. No. 2011-007, § 5, 2-22-11; Ord. No. 2011-024, § 4, 8-9-11; Ord. No. 2012-008, § 4, 5-8-12; Ord. No. 2012-015, § 3, 8-14-12; Ord. No. 2013-001, § 2, 2-26-13; Ord. No. 2013-004, § 2, 6-25-13; Ord. No. 2013-007, § 2, 8-13-13; Ord. No. 2014-004, § 3, 5-27-14; Ord. No. 2014-012, § 2, 9-23-14; Ord. No. 2015-002, § 3, 1-13-15; Ord. No. 2015-009, § 3, 4-28-15; Ord. No. 2015-022, § 3, 10-13-15; Ord. No. 2015-024, § 2, 10-27-15; Ord. No. 2016-004, § 4, 3-22-16; Ord. No. 2016-007, § 3, 3-22-16; Ord. No. 2016-013, § 2, 7-26-16; Ord. No. 2017-010, § 2, 4-25-17; Ord. No. 2017-026, § 2, 8-22-17; Ord. No. 2019-001, § 2, 2-26-19; Ord. No. 2019-023, § 2, 12-10-19; Ord. No. 2019-026, § 2, 12-10-19; Ord. No. 2022-004, § 1, 1-11-22; Ord. No. 2025-016, § 5, 8-26-25)

(A)

One (1) dwelling unit is permitted within a principal commercial building for an on-site caretaker or watchman quarters not to exceed twenty (20) percent of the gross floor area of the principal building to which the use is accessory or one thousand two hundred (1,200) square feet, whichever is less. No allocation of a residential flexibility unit or reserve unit is required.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Cross reference— Section 230-20, Floor area standards for caretaker or watchman quarters.

Pain management clinics, as defined in section 725-30, shall be subject to the following supplemental regulations.

(A)

[Dispensing of controlled substances.] On-site dispensing of controlled substances that are identified in schedule II, III, or IV in F.S. §§ 893.03, 893.035 or 893.0355, unless otherwise expressly permitted by statutory or general law, is prohibited.

(B)

[Parking.] Any parking demand created by a pain management clinic shall not exceed the supply of parking spaces legally available within the parking areas allocated on the site as required by article 265 (Off-Street Parking Requirements). An applicant may be required to demonstrate that on-site traffic flow and parking will be sufficient to accommodate parking demands generated by the pain management clinic based on a current traffic and parking study prepared by a certified professional, if requested by the city.

(C)

Nonconforming uses. Any application for a certificate of use for a business operating as a pain management clinic prior to April 28, 2009, shall be subject to zoning regulations in effect prior to July 28, 2009, which is the effective date of Ordinance 2009-009 that created this section. Any such clinic legally in existence prior to the effective date of Ordinance 2009-009, but now in violation of its provisions, shall be considered a legal nonconforming use.

(D)

Enforcement. Enforcement of these supplemental regulations shall be as provided by law.

(E)

Separation requirements. Pain management clinics shall be subject to the separation requirements of subsection 110-190(C).

(F)

Location limitations. Pain management clinics, as defined in article 725, are prohibited in the CRA form-based zoning districts.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 4, 5-8-12)

(A)

[Applicability.] The distance separation requirements of this section shall not apply to:

(1)

The sale of beer or wine or both for consumption off-premises; and

(2)

Restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving beer, wine, and liquor, for consumption on the premises only, that are located within the Community Redevelopment Area form-based code districts; and

(3)

Vendors operating in compliance with Design Development Guidelines (DDG) approved for property zoned Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL).

(4)

The sale of beer, wine, and liquor, for off-premises consumption only, conducted as an accessory use to a permitted grocery retail use of at least twenty-seven thousand five hundred (27,500) square feet.

(B)

[Prohibited locations.] The sale of alcoholic beverages for consumption on or off the premises, other than as provided in subsection (A), shall be prohibited at any location within one thousand (1,000) feet of any of the following listed uses:

(1)

Academic schools;

(2)

Places of worship;

(3)

Theaters;

(4)

Playhouses;

(5)

Lodge halls;

(6)

Private clubs;

(7)

Amusement arcades;

(8)

Meeting halls;

(9)

Any other alcoholic beverage establishment with a valid or renewable license to serve liquor for consumption on or off the premises, provided that the owner of an existing license shall have a vested right to transfer the license to another location within one thousand (1,000) feet of the existing licensed location.

(C)

[Measurement of separation.] The distance separation shall be measured from the building or portion of such building where an alcoholic beverage establishment is proposed, to the building or portion of such building containing another alcoholic beverage establishment or a use listed use in subsection (B), except as follows, using the measurement methodology of section 700-140 (Measurements):

(1)

Where the measurement is to a school, the distance shall be measured from the building or portion of such building where an alcoholic beverage establishment is proposed, to the school grounds used as part of the school's facilities.

(2)

Where the measurement is to an existing alcoholic beverage establishment that is licensed to serve liquor on or off premises, the distance separation shall be measured from the main entrance of the proposed establishment to the main entrance of the existing establishment using the shortest route by pedestrian travel.

(D)

[Nonconformity.] Whenever a permit or license for an alcoholic beverage establishment has been lawfully procured, and thereafter, a listed use in subsection (B) is to be established within one thousand (1,000) feet of the alcoholic beverage establishment, the establishment of the listed use shall not cause the alcoholic beverage establishment to become nonconforming.

(E)

Waiver of distance requirements for establishments licensed to serve liquor on premises. An applicant for a license to sell liquor, in addition to beer and wine, within one thousand (1,000) feet of another place of business so licensed, may apply for a waiver of the proximity requirements set forth in subsection (B)(9). An application for a waiver of the proximity requirements shall be processed as set forth in this section.

(1)

[Waivers.] A waiver of the proximity requirements for establishments licensed to serve liquor on premises shall be granted only upon the applicant demonstrating by a preponderance of the evidence that all of the following criteria are met:

(a)

That the waiver maintains the stability and appearance of the community; and

(b)

That the waiver will not adversely impact the public interest or adjacent property and all necessary alternative measures shall be taken by the applicant to prevent any such impact; and

(c)

That the sale of liquor in addition to beer and wine at the requested location will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where the sale is to be located; and

(d)

Any applicant for a waiver of the proximity requirement must be enrolled in the Florida Responsible Vendor Program administered by the Division of Alcoholic Beverages and Tobacco, and must continue to be a member in the responsible vendor program as a condition of obtaining the waiver.

(2)

Application required. An applicant for a waiver of the proximity requirements under this subsection shall submit an application to the community development department specifying the request and addressing all issues described in subparagraphs (1)(a) through (d) above.

(3)

Fee required. An applicant for a waiver of the proximity requirements under this section shall be accompanied by an application fee as may be established by the city commission from time to time. In addition to the application fee, any administrative review and processing costs incurred by the city shall be paid by the applicant pursuant to article 685 (Cost Recovery).

(4)

Burden of proof. The applicant shall have the burden of showing that all standards, requirements and criteria of this subsection have been met. The applicant shall have the burden of going forward with evidence to show these elements, and shall have the burden of persuasion on all questions of fact which are to be determined by the city commission.

(5)

Planning and zoning board review. Each application for a waiver of the proximity requirements shall be referred to the planning and zoning board for recommendation.

(6)

[Resolution to grant waiver.] If the city commission determines that the application for a waiver meets the criteria provided in this section, the city commission shall approve the application by entering a resolution granting the waiver and imposing such conditions and safeguards as are appropriate. The resolution granting the waiver shall include a time period, not to exceed one hundred eighty (180) days, within which a building permit shall be secured if one is required to implement the use for which the waiver is granted. The waiver shall expire if the building permit to implement the improvements authorized by the waiver is not secured within the time frame specified in the resolution. Violation of any condition of a resolution granting a waiver under this subsection shall be a violation of the code, and the resolution may be revoked by the city commission at any time upon a determination that the applicant is not in compliance with the resolution or the code.

(F)

Definitions used in this section.

(1)

Alcoholic beverages. All beverages containing more than one-half (½) of one (1) percent of alcohol by weight.

(2)

Liquor. That substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures, from whatever source or by whatever process produced and includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic beverages.

(3)

Wine. Beverages made by the fermentation of fresh fruits, berries or grapes including champagne, sparkling and fortified wine, vermouths, and like products.

(4)

Beer. All brewed alcoholic beverages containing malt.

(5)

Consumption on premises. Consumption of all beers, wines or alcoholic beverages of every kind, or the right to sell by the drink or bottle such beverages.

(G)

[Regulation of alcoholic beverage establishments.]Chapter 4, "Alcoholic Beverages" of the Code of Ordinances regulates the operation of alcoholic beverage establishments.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 4, 8-9-11; Ord. No. 2015-022, § 3, 10-13-15; Ord. No. 2016-007, § 3, 3-22-16; Ord. No. 2019-015, § 3, 10-7-19; Ord. No. 2019-023, § 2, 12-10-19)

Mechanical amusement devices are permitted as accessory uses to the principal uses listed below, subject to the accompanying limitations:

(A)

Any retail or commercial use, restaurant without a bar, and hotel or apartment complex with fewer than one hundred (100) lodging rooms or dwelling units, respectively, as follows:

(1)

Three hundred fifty (350) to six hundred ninety-nine (699) square feet of public use floor area—One (1) machine allowed.

(2)

Seven hundred (700) to one thousand nine hundred ninety-nine (1,999) square feet of public use floor area—Two (2) machines allowed.

(3)

Two thousand (2,000) square feet or more of public use floor area—Three (3) machines allowed.

(B)

Any bar having a valid alcoholic beverage license from the State of Florida classified as 2COP or a higher, restaurant with bar, and hotel or apartment complex with not less than one hundred (100) nor more than two hundred (200) lodging rooms or dwelling units, respectively, as follows:

(1)

Zero (0) to nine hundred ninety-nine (999) square feet of public use floor area—Three (3) machines allowed.

(2)

One thousand (1,000) or more square feet of public use floor area—Six (6) machines allowed.

(C)

Recreation uses, including, but not limited to, bowling alleys, skating rinks, athletic/sports clubs, miniature golf courses, pool or billiard rooms using only regulation size tables, and hotel or apartment complexes with more than two hundred (200) lodging rooms or dwelling units, respectively, as follows:

(1)

Zero (0) to six hundred ninety-nine (699) square feet of public use floor area—One (1) machine allowed.

(2)

Seven hundred (700) to nine hundred ninety-nine (999) square feet of public use floor area—Two (2) machines allowed.

(3)

One thousand (1,000) to one thousand nine hundred ninety-nine (1,999) square feet of public use floor area—Three (3) machines allowed.

(4)

Two thousand (2,000) square feet or more of public use floor area—Ten (10) machines allowed.

(D)

The following restrictions and conditions shall apply to the accessory use of mechanical amusement devices allowed under subsections (A), (B), and (C) above:

(1)

There shall be no sign identifying the availability or location of the mechanical amusement device that is visible from the exterior of the building within which the mechanical amusement device is located.

(2)

The mechanical amusement devices shall not be located within separate rooms from the public use area except in connection with subsection (C), above, nor in any case accessible from other than the public use area of the facility within which said mechanical amusement devices are located.

(3)

All mechanical amusement devices lawfully existing with valid business tax receipts on September 14, 1982, may continue and be renewed as a legal nonconforming use.

(E)

A valid business tax receipt for operation of mechanical amusement devices is required in accordance with section 10-5 of the Code of Ordinances.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The use of bail bond agency must provide a minimum separation of one thousand (1,000) feet from another similar use.

(Ord. No. 2015-024, § 2, 10-27-15)

The following requirements apply to auto rental lots with parking or storage for more than ten (10) cars.

(A)

Servicing of vehicles available for rental on the premises is limited to washing and lubrication only, provided the servicing activities are conducted within a building with no garage opening visible from the street or adjoining property.

(B)

Auto rental lots shall include an office structure containing toilet facilities.

(C)

One (1) gas pump is permitted for the sole purpose of fueling the vehicles available for rental on the premises. The pump shall be located not more than ten (10) feet nor less than five (5) feet from the rear lot line. Where one (1) or more lot lines abut a residential district, a wall not less than five (5) feet in height shall be erected along such rear lot line.

(D)

No automobiles shall be sold or held for sale.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Motor fuel pumps and minor automobile repair, as combined or separate uses, are subject to the following regulations.

(A)

The premises shall not be used as a public or private parking lot unless so authorized by the city for motor vehicles other than those vehicles belonging to employees of the establishment or the vehicles of persons patronizing the establishment.

(B)

The minimum required setback for all mechanical repair bays and facilities is fifty (50) feet.

(C)

The minimum required street side setback for all motor fuel pumps and car washes is thirty (30) feet.

(D)

Compliance with the architecture and design standards of articles 510 and 515 is required.

(E)

There shall be no storage or display of any merchandise including tires outside of the principal building structure.

(F)

No sales, rentals or leasing of storage space, is permitted. No vehicle may be parked on the site for more than seventy-two (72) hours. No storage of used auto parts or wrecked vehicles, including water craft and trailers, shall be located outside the principal structure.

(G)

At all times the premises shall be maintained in a clean and orderly condition.

(H)

This use is subject to the locational restrictions of sec. 110-190.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Hotels shall comply with the following conditions:

(1)

Guestroom access shall be via interior corridors.

(2)

Individual wall or window mounted air conditioners (if used) shall not project beyond any exterior wall of the building.

(3)

Must have a minimum of one hundred (100) guest rooms.

(4)

A maximum of two (2) hotel owned and operated passenger vans per one hundred (100) rooms may be parked and stored overnight on site, provided vehicles are not visible from a public street.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 4, 8-9-11; Ord. No. 2022-004, § 1, 1-11-22)

(A)

Applicability. This section applies to large retail establishments located outside of the CRA form-based zoning districts.

(B)

Definition. "Large retail establishment" is defined in section 725-30.

(C)

Frontage. Frontage on a trafficway identified on the Broward County Trafficways Plan is required.

(D)

Parking. No more than ten (10) percent of the required on-site parking spaces for a large retail establishment, and not to exceed fifty (50) spaces, shall be located between the establishment and any public street.

(E)

Loading/unloading zone. No loading or unloading areas shall be visible from a residential zoning district or public street.

(F)

[Design standards.] Large retail establishments are subject to the design standards of articles 510 and 520.

(G)

[Separation requirement.] Large retail establishments are subject to the separation requirement of section 110-190.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

See section 105-90.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The conditions of use within the commercial districts are as follows:

(A)

Activity shall be limited to premanufactured home furnishings, art objects, clothing, leather goods and jewelry, to the extent each such use is permitted as an accessory use in a particular zoning district.

(B)

Activity shall be accessory to a lawful retail use.

(C)

The percentage of floor area devoted to light assembly and fabrication shall be limited to forty-nine (49) percent of the gross floor area or two thousand (2,000) square feet, whichever is less.

(D)

Activity shall not be visible from any street, and shall be conducted with a fully enclosed building.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Outdoor produce sales (fresh fruit, vegetable, plant and flower retail sales) is a permitted accessory use to a retail use that primarily sells unprepared (uncooked) food, beverages or both, subject to the following conditions:

(A)

The applicant shall submit a plan showing the size and location of the display and sales area.

(B)

The display and sales area shall be set back at least twenty-five (25) feet from any street line, shall not shall not be located within a driveway or drive aisle, shall not occupy more than two (2) required parking spaces, shall not exceed a total area of two hundred (200) square feet, and shall be maintained in a neat and orderly condition.

(C)

This use is subject to a minimum distance separation from like uses pursuant to section 110-190.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The conditions of use are as follows:

(A)

The marina site shall abut a navigable waterway.

(B)

All buildings shall be set back a minimum distance of one hundred (100) feet from any lot line designated residential on the future land use plan map or zoning map.

Cross reference— Section 215-110, Special setbacks for certain uses and zoning districts.

(C)

In the C-3 and C-4 districts, no wet- or dry-stack marina building can exceed thirty (30) feet in height nor contain more than fifty (50) boat slips.

Cross reference— Section 220-50, Special height restrictions for certain uses.

(D)

All buildings and structures shall be stucco over concrete block construction, or the acoustic equivalent.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Any property in this district that involves conversion of a nonoffice use to general office use shall be reviewed pursuant to the site plan review procedures of article 635.

(B)

Both rehabilitation of existing structures and new construction shall comply with principal arterial commercial design standards of article 510. Additionally, the design, scale, and appearance of all structures in this district shall be compatible with single-family residences even though the office buildings may be significantly larger in size. The intent is to achieve a compatible architectural relationship with nearby single-family residential development. The façades and rooflines of the office building(s) shall be designed to break up any linear appearance and form.

(C)

The design of the parking lot shall be approved by the community development director based upon the parking requirements of article 265 and the following:

(1)

Head-in/back-out parking shall not be permitted.

(2)

Required parking spaces (tandem) may be designed on a circular drive with an interior landscaped island.

(D)

A masonry wall of a minimum six (6) feet in eight, shall be installed and setback a minimum of two and one-half (2½) feet from any property line adjacent to an alley. In order to maintain the character of existing residential neighborhoods abutting the alley, the wall shall be designed to prohibit vehicular or pedestrian access between the RO parcel and the alley.

(E)

Landscape and pervious area requirements shall be as provided in Article 215 and article 275 except as indicated below:

(1)

A minimum of fifteen (15) percent pervious area shall be required.

(2)

Any property adjacent to Sheridan Street shall have a landscape buffer of a minimum of five (5) feet in width.

(3)

Parking areas shall maintain the following setbacks:

(a)

Street yard: minimum ten (10) feet;

(b)

Interior side yard: minimum five (5) feet;

(c)

Rear yard: minimum ten (10) feet;

(d)

Rear yard abutting an alley: minimum ten (10) feet.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-007, § 5, 2-22-11)

(A)

The following uses shall be separated from similar existing uses, or similar approved but unbuilt uses, by the minimum distances specified below, measured from property line to property line unless otherwise indicated. Section 700-140 provides more detailed information as to how minimum distance separations must be measured.

(1)

Check cashing stores. Two thousand five hundred (2,500) feet.

(2)

Pawn shops. Two thousand five hundred (2,500) feet.

(3)

Thrift shops. Two thousand five hundred (2,500) feet.

(4)

Gun shops. Two thousand five hundred (2,500) feet.

(5)

Tattoo or body piercing parlors. Two thousand five hundred (2,500) feet.

(6)

Freestanding fast food, drive-in and drive-through restaurants. Two thousand five hundred (2,500) feet. See also section 110-220 (drive-through facilities).

(7)

Fortune tellers, palmists, clairvoyants or astrologists. Two thousand five hundred (2,500) feet.

(8)

Motor fuel pumps, and minor automotive repair, measured from other such uses on the same side of the street. Two thousand five hundred (2,500) feet. Existing establishments that do not satisfy the minimum distance separation shall not be deemed nonconforming uses provided they comply with all requirements of section 110-90 (Detailed use regulations for motor fuel pumps and minor automobile repair establishments).

(9)

Commercial drive-through facilities that are subject to the principal arterial commercial design standards. Five hundred (500) feet measured from the driveways of any two (2) sites on the same side of the designated arterial. Existing drive-through facilities that do not comply with the distance separation requirement are not deemed to be nonconforming uses. See also section 110-220 (Drive-through facilities).

(10)

Auto rental establishment with parking or storage for ten (10) or fewer cars. One thousand, five hundred (1,500) feet.

(11)

Outdoor produce sales. One thousand (1,000) feet measured between produce stands. See section 110-160 (Detailed use regulations for produce sales) for additional regulations.

(B)

The following uses shall be separated from parks, day care, academic schools, or residentially zoned or used land, as applicable, as provided below:

(1)

Tattoo or body piercing parlors shall have a minimum separation of one thousand (1,000) feet from any park, day care, academic school and residentially zoned or used land, measured from property line to property line.

(2)

Motor fuel pumps and minor automotive repair uses, whether separate or combined, shall be no closer than one thousand fifty (1,050) feet from the nearest point of a day care, academic school, public recreation area, place of worship, or conforming residential use, which distance shall be measured between the closest driveway of the motor fuel pump or minor automotive repair use to any property line of the uses listed above, by following the curbline or edge of street pavement where no curb exists, of the shortest vehicular route.

(3)

See section 110-50 for distance separation requirements applicable to alcoholic beverage establishments.

(4)

See section 115-60 for adult entertainment establishment distance separation requirements.

(5)

Self-service or coin-operated laundries shall be separated from residentially zoned or used land by at least two hundred fifty (250) feet, measured property line to property line.

(6)

Freestanding fast food and drive-through restaurants shall be separated from parks and academic schools by at least one thousand (1,000) feet, and drive through lanes shall be set back at least one hundred fifty (150) feet from a residentially zoned or used lot line.

(7)

Fortune tellers, palmists, clairvoyants or astrologists must be separated from places of worship and academic schools by a minimum of one thousand (1,000) feet as measured between property lines.

(8)

Mechanical amusement devices accessory to any use other than a hotel or motel must be separated from academic schools and places of worship by at least three hundred (300) feet. See section 110-60 for additional requirements pertaining to mechanical amusement devices.

(9)

Large retail establishments shall be located at least two hundred fifty (250) feet from any lot within a residential zoning district, measured property line to property line.

(10)

Accessory outdoor storage of new materials and equipment for sale shall be separated from any residential zoning district boundary by at least five hundred (500) feet.

(C)

The following locational and distancing requirements shall apply to pain management clinics, retail pharmacies, and medical marijuana retail centers, as these uses are defined in section 725-30 of the code.

(1)

No retail pharmacy or medical marijuana retail center shall be permitted to locate within the same shopping center or within a one-thousand-foot radius of any pain management clinic.

(2)

No pain management clinic shall be permitted to locate within the same shopping center or within a one-thousand-foot radius of any retail pharmacy or medical marijuana retail center.

(3)

No retail pharmacy or medical marijuana retail center shall be permitted to locate within a one-thousand-foot radius of another retail pharmacy or medical marijuana retail center.

(4)

No pain management clinic shall be permitted to locate within a one-thousand-foot radius of another pain management clinic.

(5)

Retail pharmacies and medical marijuana retail centers shall only be permitted to locate on property with arterial roadway frontage.

(6)

Measurements of distance between the above referenced uses shall be measured as the linear distance from front door to front door.

Pain management clinics, retail pharmacies, and medical marijuana retail centers existing on the date of adoption of this subsection that do not comply with these distance separation and locational requirements are not deemed to be nonconforming uses.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-026, § 2, 8-22-17; Ord. No. 2019-001, § 2, 2-26-19; Ord. No. 2022-004, § 1, 1-11-22)

Outdoor restaurant seating is permitted as an accessory use to an indoor restaurant containing at least five hundred (500) square feet of gross floor area, in accordance with the following requirements:

(A)

Outdoor seating as an accessory use to an indoor restaurant is permitted without a special exception in the commercial zoning districts listed in section 100-60(c), provided that the subject property is not adjacent to any residential use or any property located within a residential zoning district or mixed-use zoning district as listed in section 100-60(a) and (b).

(B)

Outdoor seating on properties within the commercial zoning districts which are adjacent to residential use or any property located within a residential zoning district shall require a special exception.

(C)

A minimum five hundred-foot separation between outdoor seating in a commercial zoning district and any residentially zoned land is required. Within the CRA form-based zoning districts outdoor dining shall be separated a minimum distance of one hundred (100) feet from any residentially zoned property.

(D)

Music shall not be permitted to be performed or amplified within outdoor seating areas.

(E)

Outdoor seating requires its own certificate of use.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-001, § 2, 2-26-13; Ord. No. 2023-006, § 2, 4-25-23)

Wherever outdoor storage of new materials and equipment for sale is permitted by section 110-20, such storage:

(A)

Is permitted only as an accessory to a principal retail use.

(B)

Shall not occupy more than twenty (20) percent of the lot area or principal use lease area, whichever is smaller.

(C)

Shall not exceed an area equivalent to forty-nine (49) percent of the on-site enclosed air-conditioned building floor area of the principal use.

(D)

Shall be set back a minimum of twenty-five (25) feet from any street line.

(E)

Shall be separated from residential zoning pursuant to section 110-190.

(F)

Shall not be visible from any roadway designated as a trafficway on the Broward County Trafficways Plan.

(G)

Shall be screened on all sides by a minimum six-foot-high wall except where a building on the same lot as the storage area intervenes between the storage area and any lot line.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

No drive-through accessory use shall project into any front yard or, if applicable, street side yard further than the principal building. A maximum of three (3) drive-in stalls are permitted and shall be located so as to not restrict pedestrian access to any public entrance of the principal building. Any portion of the drive-in facilities, including access drives, which are located between the principal building and the required off-street parking facilities shall have adequate pedestrian safeguards.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

See section 105-170.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Motorized scooter or electric car rentals permitted by this section must be located on Federal Highway or Dania Beach Boulevard. The business must distribute a pamphlet to renters on safe operations of the rental vehicle. Outdoor display at such uses requires a special exception, in accordance with article 630.

(Ord. No. 2011-024, § 4, 8-9-11)

The conditions of use required for a cabinet making, furniture, sign fabrication or printing use within the Neighborhood Mixed Use district are as follows:

(A)

The use must be located within a completely enclosed building, and any bay or garage doors must be closed at all times.

(Ord. No. 2012-008, § 4, 5-8-12)

The conditions required for a storage use within the Neighborhood Mixed Use district are as follows:

(A)

The storage use shall be permitted only within a warehouse building which is existing as of May 8, 2012.

(B)

The storage use shall be located within a completely enclosed building, and any bay or garage doors must be closed at all times.

(Ord. No. 2012-008, § 4, 5-8-12)

The conditions of use required for a contractor shop within the Neighborhood Mixed Use district are as follows:

(A)

The contractor shop use must be located within a completely enclosed building, and any bay or garage doors must be closed at all times.

(Ord. No. 2012-008, § 4, 5-8-12)

(A)

Establishments providing accessory massage therapy services as permitted by this Code shall provide the following information to the city:

(1)

Proof of valid Florida Board of Massage Therapy license issued to the establishment in accordance with F.S. § 480.043, et seq.; and

(2)

Proof of valid Florida Board of Massage Therapy or other state health care practitioner license for all employees providing massage services at the establishment, in accordance with F.S. § 480.041 et seq. or F.S. chapter 456; or proof of Florida Board of Massage apprenticeship approval as defined in F.S. § 480.033, if applicable to employee(s).

(B)

All persons providing massage therapy services shall be duly licensed under F.S. § 480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. § 480.033; or possess another valid health care practitioner license duly issued by the Florida Department of Health pursuant to F.S. chapter 456.

(Ord. No. 2012-008, § 4, 5-8-12)

The conditions required for a bus depot for storage and maintenance of buses and related office facilities to be permitted within the Commercial (C-4) zoning district are as follows:

(1)

Subject site must have a minimum of eight (8) acres;

(2)

Minimum garage/bay door set back of fifty (50) feet from property line is required;

(3)

The property must have direct access to a collector road way as designated by the Broward County Trafficways Plan; and

(4)

Outdoor parking or storage of vehicles must be screened from view of any public street.

(Ord. No. 2012-008, § 4, 5-8-12)

The conditions required for the outdoor storage of fully-assembled passenger vehicles, boats and boat trailers, and recreational vehicles to be permitted within the Marine zoning district are as follows:

(A)

The subject property must be located south of the Dania Cut-Off Canal, and must be subject to a Florida Power and Light Company transmission easement of at least one hundred seventy (170) feet in width.

(B)

The storage use shall be screened and buffered from any adjoining residentially-zoned properties by a landscaped opaque wall of eight (8) feet in height. A landscaped opaque wall, or landscaped chainlink fence which is coated with black vinyl on all fence material and framing, and is eight (8) feet in height, may be utilized for enclosure of storage areas along all property lines which are not adjacent to residentially-zoned properties. If a chainlink fence is used, the fence frame must include a top horizontal support bar. All chainlink fencing shall be grounded.

(C)

Security lighting shall be installed with shields that preclude light spillage onto adjacent residential properties.

(D)

No service, repair or vehicle washing activities shall be permitted on the premises.

(E)

Access shall be controlled by a security gate.

(F)

Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

(G)

Jet-skis and motorcycles shall not be stored within one hundred (100) feet of any residentially-zoned property.

(Ord. No. 2013-004, § 2, 6-25-13)

Bail bond use shall:

(A)

Be separated from any other bail bond use, existing or approved, by two thousand five hundred (2,500) feet, measured from the proposed establishment to the existing establishment;

(B)

Not be located on property fronting Federal Highway; and

(C)

Be located a minimum of five hundred (500) feet from any property zoned for single family residential use, measured from the proposed establishment to the property line of the residential use or zoning district boundary.

All distance separations shall be measured from business location.

(Ord. No. 2016-007, § 3, 3-22-16)

The following conditions are applicable to mobile food vending operation, unless associated with a special event in accordance with article 675:

(A)

Reserved.

(B)

On-site location. Mobile food vendors shall:

(1)

Be located only on private commercial or industrial property fronting on an arterial corridor, with written approval from the property owner; and

(2)

Be separated at least two hundred (200) feet from any existing single-family home, residentially zoned property (excluding mixed-use zoning), or any existing restaurant during the hours of operation of said nearby restaurant; and

(3)

Be located a minimum of ten (10) feet from any right-of-way or sidewalk; and

(4)

Not be located in handicapped parking spaces, fire lanes or loading zones; and

(5)

Not block access to required parking for a simultaneously operating business on the property according to the city's parking requirements; and

(6)

Not disrupt vehicular or pedestrian circulation for ingress or egress of the property; and

(7)

Not located in any right-of-way; and

(8)

No more than one (1) truck permitted on site at any time; and

(9)

Area/site shall be clear/clean of any garbage, debris and litter and shall restore the area/site to its original condition within thirty (30) minutes of the last sale.

(C)

Other prohibitions. Mobile food vendors shall be prohibited from:

(1)

Operating more than four (4) hours per location; and

(2)

Operating outside the hours between 9:00 a.m. - midnight; and

(3)

Operating a freestanding electric generator; and

(4)

Operating any type of amplified speaker system or playing music of any kind; and

(5)

Selling or providing alcohol; and

(6)

No food truck shall be permitted to be stored on-site while not in use; and

(7)

Using or distributing plastic straws; and

(8)

Utilizing free standing signage except for one (1) free standing menu sign; and

(9)

Participating in a mobile food vendor event, without a special event approval in accordance with article 675, "temporary use and special event permits;" and

(10)

No food truck shall be permitted at the same site for more than eight (8) days per month.

(Ord. No. 2019-026, § 2, 12-10-19; Ord. No. 2022-004, § 1, 1-11-22; Ord. No. 2023-006, § 3, 4-25-23)

This article establishes the permissible uses of land within the city's industrial zoning districts.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The schedule of permitted, special exception and prohibited uses below has the following information: whether a use is permitted, permitted by special exception or prohibited in a given zoning district; and, references to the footnotes below the table that detail the requirements upon which the permissibility of any given use is conditioned.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The PEDD was established by Ordinance Number 19-85, which was adopted by intergovernmental agreement with other jurisdictions that include Port Everglades. The permitted uses established by said ordinance are very broad and not defined. Therefore, incorporating the list of PEDD permitted uses into the more detailed format used in this article for all industrial districts required variation and interpretation of some of the terminology used in Ordinance 19-85. The full and literal provisions of Ordinance 19-85 are provided in article 320 of this code, and shall govern in the case of conflict with the regulations provided in this code.

(B)

Article 320 is the location of all regulations pertaining to signage, off-street parking and loading, landscaping, and other development regulations.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Expand

Legend
P	-	Permitted
A	-	Permitted accessory use only
#, #	-	(Ex: 1, 2) Permitted subject to the conditions of use numbered 1 and 2 found in section 115-50
SE	-	Permitted special exception use only, pursuant to article 630
SE(#, #)	-	(Ex: 1, 2) Permitted as a special exception only, and subject to conditions of use numbers 1 and 2 found in section 115-50.
	-	not permitted

 

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 3, 11-23-10; Ord. No. 2011-001, § 2, 1-11-11; Ord. No. 2011-007, § 6, 2-22-11; Ord. No. 2011-024, § 5, 8-9-11; Ord. No. 2012-008, § 5, 5-8-12; Ord. No. 2013-004, § 3, 6-25-13; Ord. No. 2014-004, § 4, 5-27-14; Ord. No. 2014-006, § 2, 5-27-14; Ord. No. 2014-012, § 3, 9-23-14; Ord. No. 2014-016, § 3, 10-28-14; Ord. No. 2015-009, § 4, 4-28-15; Ord. No. 2015-024, § 3, 10-27-15; Ord. No. 2016-004, § 5, 3-22-16; Ord. No. 2016-006, § 2, 3-22-16; Ord. No. 2016-007, § 4, 3-22-16; Ord. No. 2015-027, § 2, 1-12-16; Ord. No. 2017-018, § 2, 6-13-17; Ord. No. 2017-022, § 3, 7-25-17; Ord. No. 2017-026, § 3, 8-22-17; Ord. No. 2018-002, § 2, 1-23-18; Ord. No. 2018-018, § 2, 9-25-18; Ord. No. 2019-026, § 3, 12-10-19)

1

Conditions of use: applicant must demonstrate that the use will not cause or result in dissemination of dust, smoke, corrosion, noxious fumes, odor, noise, vibration, harsh glare or visual hazard to vehicle or air traffic beyond the building within which the use is conducted, and that the use will not pose a risk of chemical fire, explosion, radiation, discharge of waste materials, or other environmental hazards.

2

Conditions of use: the architectural treatment of the building(s) shall resemble that of an office building, particularly in those portions of the building(s) facing public rights-of-way and adjoining residential areas. This may include use of substantial construction materials (ex: stucco or stone over concrete for exterior building walls), pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards.

3

Conditions of retail uses not itemized: in the MA-1 District, includes, but is not limited to, the following:

a.

Carpet and flooring sales.

b.

Furniture store.

c.

Glass and mirror shop.

d.

Lawn and garden shop.

e.

Swimming pool supplies and sales.

f.

Hardware, home improvement, hobby or craft store.

4

Conditions of use: the office floor area, showroom floor area, or any combination of office and showroom floor area, shall comprise at least ten (10) percent of the total gross floor area of the building(s). All office area must be fully enclosed air-conditioned space.

5

Conditions of use: minimum of ten (10) percent of the gross floor area of the building(s) must be devoted to office use.

6

Conditions of use: subject to the provisions of the Future Land Use Element of the Comprehensive Plan pertaining to commercial uses in the Industrial and Employment Center future land use categories.

7

Conditions of use: excludes self-storage warehouses.

8

Conditions of use: not to exceed ninety (90) percent of the gross floor area of a light industrial or office building.

9

Conditions of use: retail is permitted as an accessory use to a marina, office, industrial, or office-showroom-warehouse use. Retail use shall not exceed twenty (20) percent of the gross floor area of the office, industrial or office-showroom-warehouse building. Retail permitted as a principal use within shopping centers is regulated by condition number 24 of this section.

10

Conditions of use: excludes the display or sale of preowned or used furniture.

[11—14 are Reserved]

Applies to the following uses and districts:

Furniture store: MA-1

15

Conditions of use: permitted accessory to an office building only.

16

Conditions of use: permitted only must be conducted within a completely enclosed building with two hundred fifty (250) feet of minimum separation from any property with a "residential" land use plan designation.

17

Conditions of use: must be located at least five hundred (500) feet from any property with a "residential" land use plan designation.

18

Conditions of use: must be located at least seven hundred fifty (750) feet from any property with a "residential" land use plan designation.

19

Conditions of use: must be conducted within either a completely enclosed building or an interior side yard or rear yard that is located at least two hundred fifty (250) feet from any property with a "residential" land use plan designation.

20

Conditions of use: shall not be located within one hundred (100) feet of a limited access trafficway.

21

Conditions of use: must be conducted within either a completely enclosed building or an interior side yard or rear yard that is located at least one hundred (100) feet from any property with a "residential" land use plan designation.

22

Conditions of use: must be located at least two thousand five hundred (2,500) feet from any similar use.

23

Conditions of use: specifically excludes and prohibits the operation of gaming vessels and personal watercraft rental or leasing.

24

Conditions of use: permitted only within shopping centers with a minimum building gross floor area of fifty thousand (50,000) square feet, subject to the provisions of the Future Land Use Element of the Comprehensive Plan pertaining to commercial uses in the Industrial and Employment Center future land use categories. Uses within shopping centers shall be those of the C-2 Commercial district set forth in section 110-20 (list of permitted, special exception and prohibited uses for commercial and mixed-use districts).

25

Conditions of use: the following uses in the IROC District shall not be located on the site of buildings planned, designed, built, or used for industrial or warehouse use.

26

Conditions of use: the sale, rental, leasing, display or repair of fully assembled recreational vehicles or new campers is limited to new vehicles only in the IROC district, IROM district, and IROM-AA district. Such use is limited to well-maintained FDOT-ready, vehicles in a front, street, side, or rear yard if separated from the adjacent roadways or rights-of-way by landscaping pursuant to the requirements of this Land Development Code.

30

Conditions of use: must be located on the same site as a shopping center containing in excess of one hundred thousand (100,000) square feet of gross floor area.

31

Conditions of use: the combined square footage of sales, leasing, display and storage area shall not occupy more than twenty-five (25) percent of the gross land area occupied by the shopping center development.

32

Conditions of use: not permitted as a freestanding use, or within a shopping center.

33

Conditions of use: the uses listed below are permitted on those properties identified as plats 3, 7, and 8 in the interlocal agreement between Broward County and the City of Dania Beach pertaining to expansion and jurisdiction of Fort Lauderdale-Hollywood International Airport, executed by the City of Dania Beach on October 17, 1995, and by Broward County on September 12, 1995.

34

Conditions of use: airport related and airport compatible uses shall include, but not be limited to, rental car facilities and storage lots, long-term passenger parking facilities, employee parking facilities, airline in-flight services, air cargo services, specialized aircraft and ground transportation equipment repair and maintenance excluding aircraft testing, and aviation-oriented training facilities.

35

Conditions of use: the uses listed below are permitted in the IG district on parcels abutting the Dania Cut-Off Canal and Port Everglades, not including easements and rights-of-way, with a required setback [of] at least five hundred (500) feet from any residential zoning district, and a required opaque fence eight (8) to ten (10) feet in height adjacent to any public street.

36

Conditions of use: the uses listed below are permitted in the IG district on lots generally located along the Dania Cut-Off Canal from the east end of the city limits, west one hundred eighty (180) feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, and more specifically described as Parcel A and Parcel B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat and Port Laudania Plat, less than east three hundred thirty-three (333) feet of the South seven hundred forty-three and eight-two hundredths (743.82) feet and Dania Canal, not including easements and rights-of-way, and unless otherwise stated below, set back a minimum of one hundred (100) feet from any residential zoning district. If there is any conflict between the provisions of this subsection and any other provision of this code, the provisions of this subsection will prevail.

Uses permitted in the IG district within the location described above:

a.

Manufacturing, painting and repair of ships and boats in excess of two hundred (200) feet in length, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations.

b.

Retail sales of material and supplies for construction and repair of vessels.

c.

Warehousing of materials, supplies, cargo and equipment related to shipyards, boatyards and marine construction businesses.

d.

Outdoor storage of materials, supplies, cargo, equipment, machinery, staging, vehicles, vessels, trailers, ladders and other associated items related to shipyard, boatyard and marine construction.

e.

Storage containers required for storage of shipyard/boatyard materials, vessel supplies, cargo, and construction tools and materials. Storage containers shall not exceed fifty (50) containers per property. The containers shall not be stacked or used as shipbuilding or repair work shops, and shall be set back a minimum of twenty-five (25) feet from Taylor Lane and at least twenty-five (25) feet from the Dania Cut-Off Canal. During named storms, all containers and loose materials shall be secured.

f.

One (1) office trailer not to exceed one thousand (1,000) square feet, set back a minimum of thirty-five (35) feet from Taylor Lane. The trailer shall be properly secured.

g.

Fuel tanks, including mobile fueling from fuel trucks or fuel barges, for fueling of vehicles and ships as an accessory use and as regulated and permitted by the State of Florida Department of Environmental Protection and Broward County's environmental protection agency.

h.

For those properties located along and with access to Taylor Lane, including those properties on the north side of Taylor Lane, parking of vehicles on hard surface or good rolled, crushed rock base, as an accessory use.

i.

Security gatehouse, including manufactured modular buildings, complying with applicable building code requirements, as an accessory use, when approved by the Broward Sheriff's Office, the city fire department, and the city public services director.

j.

Shipbuilding and repair.

k.

The following shipping, marine transportation and barge operation uses are recognized by the city as special uses for those certain properties as described above, and they shall be permitted for up to one hundred twenty (120) days in any calendar year, subject to the following conditions:

(1)

Prior written approval by the city manager and the community development director is required, if the length of time any one (1) use will be in operation will exceed fourteen (14) days.

(2)

For uses, excluding barges, which will be in operation for fourteen (14) days or less, written notice shall be provided to the community development department indicating the location and duration of the operation.

(3)

Prior written approval for barges shall be required regardless of duration.

(4)

Barges shall not exceed one hundred ninety (190) feet in length.

(5)

No more than two (2) barges are permitted at any one (1) time within the confines of the area described above.

(6)

The city commission may grant waivers of the above conditions based upon an applicant's demonstration of unique circumstances, practical hardship, or both, that are not generally applicable to other such uses.

37

Conditions of use: outdoor assembly and repair of boats shall not be located within a required yard abutting a street and shall not be located within one hundred (100) feet of any limited access trafficway.

38

Conditions of use: must be located within a fully enclosed shopping center containing in excess of one hundred thousand (100,000) square feet of gross floor area.

39

Conditions of use: permitted accessory to a sporting goods store.

40

Conditions of use: the development shall comply with the county land use plan provision that restricts land devoted to nonindustrial use to no more than twenty (20) percent of the acreage within an industrially designated flexibility zone.

[41—44 are reserved]

45

Conditions of use: must be located within a freestanding building.

46

Conditions of use: the following uses in the listed zoning districts are permitted only upon demonstration that vehicular traffic generated by the proposed use will not have an adverse effect upon, be detrimental to, nor interfere with, the surrounding land uses, the ability of the local and regional transportation network to operate at or above level of service "D", or the orderly and appropriate development of the area in accordance with the future land use plan.

47

Conditions of use: permitted only upon a city commission determination that the land upon which the use is proposed is not best reserved for future industrial uses.

48

Conditions of use: must be accessory to a bar or restaurant.

49

Conditions of use: must be designed in such a manner as to preserve, perpetuate and improve the natural environmental character of the proposed site and surrounding area.

50

Conditions of use: must be located at least one thousand five hundred (1,500) feet from any property with a "residential" land use plan designation.

51

Conditions of use: distribution is a permitted accessory use to the following principal uses.

52

Conditions of use: the lot coverage comprised of fully enclosed air conditioned space shall be a minimum of twenty-five (25) percent.

53

Conditions of use: must be separated from similar uses by at least one thousand (1,000) feet, measured between property lines.

54

Conditions of use: must be separated from parks, day care centers, academic schools, and residentially zoned or used land by at least one thousand (1,000) feet, measured between property lines.

55

Conditions of use: must be separated from arterial or collector roadways by at least one thousand (1,000) feet, measured from property line to street line.

60

Conditions of use: must be separated from similar uses, parks, schools, residentially zoned or used land, and from arterial and collector roadways—measured property line to street line—by at least one thousand (1,000) feet, and from limited access facilities as described in the transportation element of the Dania Beach Comprehensive Plan by at least five hundred (500) feet, measured property line to street line.

Day labor or temporary employment office: IROM, IROM-AA.

61

Conditions of use: U.S. Border Patrol facilities in the IRO district shall be permitted when located east of U.S. 1, north of the Dania Cut-Off Canal, directly abutting Port Everglades, and at least three thousand (3,000) feet from any property with a City of Dania Beach "residential" or "commercial" land use plan designation. These facilities shall not be open to the general public for any purpose other than border patrol matters. The following are permitted uses when accessory and incidental to permitted U.S. Border Patrol facilities:

a.

Outdoor storage, loading and limited repair of boats and other similar watercraft.

b.

Dog kennel.

c.

Temporary holding cells within fully enclosed, air-conditioned building, not to exceed three thousand five hundred (3,500) square feet in floor area.

d.

Temporary secure storage of illegal items, contraband or both (excluding explosives other than weapons and ammunition), seized by government authorities when stored entirely within an enclosed building.

e.

Automobile storage, service, and limited repair facilities.

f.

Limited storage and distribution of fuel.

g.

Storage of weapons and ammunition generally associated with U.S. Border Patrol operations, not to exceed five hundred (500) square feet in floor area.

h.

Communications towers up to ninety (90) feet in height, subject to FAA requirements.

62

Conditions of use: Must be hidden/screened from public view and/or residential properties.

63

Conditions of use: fast food restaurants in the IROM, IROM-AA and IROC districts must be physically attached by a common wall to a shopping center containing in excess of fifty thousand (50,000) square feet of gross floor area, with no drive-in or drive-through facility.

64

Conditions of use: fish smoking, curing and canning in the IROC district is permitted only incidental and accessory to a restaurant.

65

Conditions of use: the following uses must be clearly incidental and accessory to an established marina.

Passenger terminal: IROM, IROM-AA.

66

Conditions of use: city commission may require provision of boat sanitary waste pump-out facilities in conjunction with the fuel facilities.

67

Conditions of use: permitted college and specialty schools in the PEDD district are business schools, colleges, private schools, and commercial schools (art, music, theatrical, business, technical).

68

Conditions of use: The display of outdoor recreational merchandise shall be accessory to a permitted retail or wholesale use and items permitted within such displays shall be limited to assembled children's play structures including climbing equipment, platforms, slides, swings, and playhouses designed for playground and residential yard use. Outdoor sales displays of fully assembled outdoor recreational merchandise shall be subject to the following standards:

a.

The display shall be located in a contiguous area which shall not exceed seven hundred fifty (750) square feet in total display area per licensed business. The total maximum display area shall be calculated by measuring the perimeter of the display area and calculating the square footage within such area.

b.

The display shall not encroach into parking spaces or aisles, and assembled recreational items within the display shall be set back at least four (4) feet from a property line, sidewalk, or parking lot.

c.

The items contained within the display shall not exceed twenty (20) feet in height.

69

Conditions of use: showrooms may display furniture, lighting, home furnishings, electrical, mechanical and plumbing equipment, large appliances, carpeting, tile, cabinets, marine equipment, and similar items as determined by the community development director.

70

Conditions of use: fast food restaurants, full-service restaurants, takeout restaurants and catering businesses are permitted in the IG district accessory to a wet marina.

71

Conditions of use: Whenever application is made for a building permit to erect any building or improvement upon any site in the PEDD [district] in which the premises may be or are contemplated to be used for industries or uses involving any processes, substance or mixture of substances which is toxic, corrosive, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such substances or mixture of substances may cause substantial personal injury or substantial illness during, or as a proximate result of, any customary or reasonably foreseeable handling or use, or which is identified as hazardous by state or federal legislation, the use may be approved only by special exception pursuant to the procedures and requirements of article 630. Furthermore, the city commission shall not approve the special exception use until it has received a written report by the city and port fire departments and any other governmental agency having jurisdiction. In determining whether to approve such use, the city commission shall consider its compatibility with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property.

72

Conditions of use: hotels shall comply with the following conditions:

(1)

Guestroom access shall be via interior corridors.

(2)

Individual wall- or window-mounted air conditioners (if used) shall not project beyond any exterior wall of the building.

(3)

A minimum of one hundred (100) rooms are required. For the purpose of article 625, the minimum number of hotel rooms shall be deemed a development standard.

Applies to the following uses and districts:

Hotels in the IROM, IROC, IRO, PEDD, IROM-AA AND MA-1 Districts.

73

Conditions of use: garage doors not permitted to face a public right-of-way.

74

Conditions of use: on-site parking and storage of vehicles shall not be visible from the public right-of-way.

75

Conditions of use: Provided the area is secured and screened by an opaque fence or wall (chain link with slat not permitted) with a ten (10)-foot wide landscape buffer with a continuous hedge and a tree planted every forty (40) linear feet and is separated from adjacent roadways or rights-of-way by landscaping pursuant to the requirements of article 275, landscaping requirements. The fence or wall must be located on the inside of the landscape buffer area.

76

Properties larger than fifteen (15) acres must be secured and the area must be screened by providing an opaque fence or wall (chain link with slat not permitted) with a fifteen-foot wide landscape buffer with a two and one-half-foot high berm along the front property line and a minimum of seven and one-half-foot wide landscape buffer areas along the side and rear property lines. The landscape buffer areas shall also have a continuous hedge screen with a minimum height of three (3) feet and provide trees planted every forty (40) linear feet. The opaque fence or wall must be located on the inside of the landscape buffer area. Properties less than fifteen (15) net acres shall provide a ten-foot wide landscape buffer along the front property line and a five-foot wide landscape buffer on the side and rear with required linear trees and hedges.

77

A fifteen-foot wide landscape buffer with a two and one-half-foot high meandering or winding berm and an opaque fence or wall (chain link with slat not permitted) equaling eight (8) feet total height is required adjacent to residentially zoned or used land. The fence or wall must be located on the inside of the landscape buffer area.

78

a.

Use shall not be permitted within the community redevelopment area.

b.

A five (5)-foot wide perimeter landscaped buffer shall be required on all sides of the property.

c.

Use must be separated from any arterial roadway by a minimum of five hundred (500) feet.

d.

Outdoor activities and movement of vehicles shall be permitted only between the hours from 7:00 a.m. to 7:00 p.m.

79

Conditions of use: Use must be fully enclosed with no outdoor storage of vehicles.

80

Use cannot be located on a parcel located immediately adjacent to residentially zoned or residentially used land, and must provide a solid wall of a minimum of six (6) feet in height surrounding the storage area. Where adjacent to a public right-of-way, a landscaped buffer area of a minimum of seven (7) feet in width must be provided, with a continuous hedge and trees planted 1 every thirty (30) feet.

81

Notwithstanding the requirements of article 265 and article 320 to the contrary, a parking facility which stores automobiles for customers, or provides attendants to receive, park, and deliver the automobiles to customers may be permitted subject to the following requirements:

A.

Parking, stacking, driveway aisle, drop-off and delivery areas, and stall dimensions shall be shown on the circulation plan for the automobile storage parking facility.

B.

Stacking rows for vehicles may be permitted. Stacking rows shall provide a minimum eight and one-half (8½) feet in width and a maximum of 140 feet in depth.

C.

Overnight storage of automobiles may be permitted in the designated automobile storage area.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 3, 11-23-10; Ord. No. 2011-001, § 2, 1-11-11; Ord. No. 2011-024, § 5, 8-9-11; Ord. No. 2012-008, § 5, 5-8-12; Ord. No. 2013-001, § 3, 2-26-13; Ord. No. 2013-004, § 3, 6-25-13; Ord. No. 2014-004, § 4, 5-27-14; Ord. No. 2014-012, § 3, 9-23-14; Ord. No. 2015-024, § 3, 10-27-15; Ord. No. 2016-006, § 2, 3-22-16; Ord. No. 2017-028, § 2, 9-12-17; Ord. No. 2018-018, § 2, 9-25-18; Ord. No. 2023-006, § 4, 4-25-23)

(A)

Definitions. For the purposes of this article, the following definitions shall apply:

(1)

Adult book store/adult novelty store/adult video store. An establishment having adult material as a substantial or significant portion of its stock in trade, or an establishment with a segment or section devoted to the sale or display of such material. Twenty (20) percent of the gross floor area of the establishment devoted to adult material shall be presumed to be a substantial or significant portion of the stock in trade.

(2)

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

(3)

Adult domination/submission parlor. An adult establishment specializing in bondage, sadomasochism, humiliating activities or other similar activities which depict, describe or relate to the "specified sexual activities" or "specified anatomical areas", as defined below.

(4)

Adult entertainment establishment.

(a)

An adult minimotion picture theater, adult motion picture theater, adult bookstore/adult novelty store/adult video store, adult motel, adult domination and submission parlor, adult dancing establishment, nude entertainment establishment, or other establishment or business operated for commercial gain where an employee, operator, or owner exposes his or her specified anatomical area for viewing by patrons, including, but not limited to, massage establishments, whether or not licensed pursuant to F.S. chapter 480, tanning salons, encounter studio /modeling studios, or lingerie studios.

(b)

Excluded from this definition are educational institutions, as defined in this Land Development Code, where the exposure of specified anatomical areas is associated with a curriculum or program.

(c)

An establishment that possesses an adult entertainment license is presumed to be an adult entertainment establishment.

(5)

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, excluding bona fide birth control devices.

(6)

Adult minimotion picture theater. An enclosed building (with theater-style seating or viewing booths) with a capacity of less than fifty (50) persons regularly used for presenting adult material, for observation by patrons, which activity requires the exclusion of minors under F.S. chapter 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 or more persons, which are 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.

(7)

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

(8)

Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting adult material for observation by patrons, which activity requires the exclusion of minors under F.S. chapter 847.

(9)

Encounter studio/modeling studio. An establishment offering nude or seminude encounter/modeling sessions, sessions between opposite-or same-ex 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.

(10)

Massage establishment. Any place of business or establishment in which 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, petrissage, rubbing, effleurage, or tapotement. However, nothing in this article shall be construed as applying to the following holders of State of Florida business tax receipts: massage therapists; barbers; cosmetologists; manicurists; pedicurists; occupational therapists, physical therapists, midwives, practical nurses, agents, servants or employees in hospitals, nursing homes or other medical institutions; physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment under the supervision of the receipt holder. Also, the term "massage establishment" shall not apply to any massage establishment in which at least fifty (50) percent of the employees on duty full time during the hours that the establishment is open for business are massage therapists holding State of Florida business tax receipts or other such professionals listed in the preceding sentence.

(11)

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 for viewing to adults of performances which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined below.

(12)

Regulated use 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 minimotion picture theater;

(e)

Adult motel;

(f)

Adult motion picture theater;

(g)

Encounter studio/modeling studio;

(h)

Massage establishment;

(i)

Nude entertainment establishment; and

(j)

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 requires the exclusion of minors under F.S. chapter 847, shall be considered a regulated use.

(13)

Residence. For purposes of applying this spacing requirement, the term "residence" shall include any dwelling, and shall also include a mobile home in a mobile home park. It shall not include a recreational vehicle or a boat, wherever located.

(14)

Specified anatomical areas.

(a)

Less than completely and opaquely covered:

(b)

Human genitals and pubic region; or

(c)

Cleavage of the human buttocks; or

(d)

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

(e)

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

(15)

Specified sexual activities.

(a)

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

(b)

Acts of human anilingus, 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 (1) through (3).

(B)

Intent and purpose—Regulated uses. It is the intent and purpose of this section to regulate the location and separation of adult entertainment uses, referred to in this article as "regulated uses", which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near properties zoned, planned or developed with incompatible uses, having a deleterious effect upon the adjacent areas. Further, it is recognized that the location of even one (1) regulated use near an incompatible use causes such deleterious effects on that area. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding area. The regulations seek to prevent a concentration of regulated uses in any one (1) area (i.e., not more than one (1) such use within one thousand (1,000) feet of each other which would create such adverse effects) and prevent their location within one thousand (1,000) feet of incompatible uses and within specified distances of arterial, collector and limited access roadways as provided below. This section has neither the purpose nor the effect of limiting or restricting access by adults to sexually oriented, nonobscene materials protected by the First Amendment, or denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(C)

Exemptions. This section shall not apply to colleges or specialty schools; libraries, art galleries, museums, art exhibits and galleries open to the public; arts and cultural performance theaters and playhouses; or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. Such uses shall not be considered regulated uses.

(D)

Limitations. Regulated uses shall be permitted only within the Industrial-Research-Office-Marine (IROM) zoning district, subject to the following restrictions:

(1)

No regulated use shall be allowed within one thousand (1,000) feet of the property line of another existing regulated use.

(2)

No regulated use shall be allowed within one thousand (1,000) feet of the property line of any existing use with an alcoholic beverage license, any existing residentially zoned or planned property, an existing residence, an existing place of worship, an existing academic school or an existing public park (referred to collectively as "incompatible uses").

(3)

No regulated use shall be allowed within one thousand (1,000) feet of an arterial or collector roadway, or within five hundred (500) feet of a limited access facility as described in the transportation element of the Dania Beach Comprehensive Plan.

(4)

The distance provided for in this section shall be calculated by airline measurement from property line to property line, using the closest property lines of the lots involved. Where the distance is measured to a roadway, it shall be calculated from the property line of the regulated use to the edge of the right-of-way for the roadway.

(E)

Certified survey required. For purpose of establishing the distance between regulated uses, other regulated uses and incompatible uses, as set forth above, the applicant for any regulated use shall furnish a certified survey from a professional surveyor and mapper. Such survey shall indicate the distance from the proposed regulated use to all other regulated uses and incompatible uses within a radius of one thousand two hundred fifty (1,250) feet measured using the methodology prescribed in subsection (D).

(F)

Amortization. Nonconforming regulated uses are subject to the amortization provisions of section 710-50 (Limitations of nonconforming uses and structures).

(G)

Code compliance. Compliance with all other applicable regulations of regulated uses in this code, including, but not limited to, those in chapter 2.5 (Adult Entertainment), chapter 4 (Alcoholic Beverages), chapter 15 (Business Tax) and in chapter 17 (Offenses), is also required.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Editor's note— Ord. No. 2017-026, § 3, adopted August 22, 2017, repealed § 115-70, which pertained to medical marijuana retail centers. See Code Comparative Table for complete derivation.

Outdoor fast food restaurant seating is permitted as an accessory use to an indoor fast food restaurant containing at least five hundred (500) square foot of gross floor area, in accordance with the following requirements:

(A)

Outdoor seating as an accessory use to an indoor fast food restaurant shall require a special exception.

(B)

A minimum five hundred (500) foot separation between outdoor seating and residential use or zoned land is required measured property line to property line.

(C)

Music shall not be permitted to be performed or amplified within outdoor seating areas.

(D)

Outdoor seating requires its own certificate of use.

(Ord. No. 2015-027, § 2, 1-12-16)