The purpose of this article is to define words, terms and phrases contained within this chapter.

(Ord. No. 90-4, § 7, 2-21-90)

In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

(1)

Words used or defined in one tense or form shall include other tenses and derivative forms.

(2)

Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

(3)

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(4)

The word "shall" is mandatory.

(5)

The word "may" is permissive.

(6)

The word "person" includes individuals, firms, corporations, associations, trusts, and any other similar entities.

(7)

The word "town" shall mean Town of Davie, Florida.

(8)

The phrase "planning and zoning board" shall mean the Town of Davie Planning and Zoning Board of the Town of Davie Town Council.

(9)

The word "councilmember" shall mean the members of the Town of Davie Town Council.

(10)

The words "planning council" shall mean the Broward County Planning Council.

(11)

The words "office of the circuit court" shall mean the Office of the Circuit Court of Broward County.

(12)

In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.

(13)

The word "county" shall refer to Broward County, Florida.

(14)

Words used in the present tense also include the future tense.

(Ord. No. 90-4, § 7, 2-21-90)

The following abbreviations are used in this chapter and are intended to have the following meanings:

(Ord. No. 90-4, § 7, 2-21-90)

When used in this chapter, the following terms shall have the following meanings herein ascribed to them:

Abutting. Having a common border with, or being separated from such common border by, an alley or easement, other than publicly dedicated and approved rights-of-way.

Access. A means of vehicular approach or entry to or exit from property from a street or highway.

Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure is one which:

(a)

Is subordinate to and serves the principal building or principal use.

(b)

Is subordinate in area, extent and purpose to the principal building or principal use served.

(c)

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.

(d)

Is located on the same zoning lot as the principal building or principal use served.

Acreage, gross. The total acreage of a development site including residential and nonresidential areas such as parks, waterways, community facilities, etc. The gross acreage shall not include acreage required for right-of-way for trafficways, pursuant to Broward County Trafficways corridor requirements.

Acreage, net. The total acreage of a development site less acreage required for rights-of-way, water area, preservation of natural areas, etc. For the purpose of calculating net density, only that portion of the net acreage designated for residential purposes is used.

Active recreation. Recreational uses, areas and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields and courts, swimming pools, skating rinks, and golf courses are examples of active recreation uses.

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video, disc or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting or describing "specified sexual activities" or "specified anatomical areas."

Adult arcade amusement center. An arcade amusement center where more than fifty (50) amusement games or machines which operate by means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed seventy-five cents ($0.75) on any game played are available to the public.

Adult bookstore, adult novelty, store or adult video store. A commercial establishment which has significant or substantial portion of its stock - in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising or maintains a substantial space to the sale or rental, for any form of consideration of any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas."

(b)

Instruments, devices, sexually oriented toys or novelties, paraphernalia, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practice, which are designed for use in connection with specified sexual activities.

Adult cabaret. A night club, bar, juice bar, restaurant, bottle club or similar commercial establishment whether or not alcoholic beverages are served which regularly features:

(a)

Persons who appear in a state of nudity or semi-nude; or

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(c)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult congregate living facility. Any institution, building or buildings, residence, private home, boardinghome, home for the aged, or other place, whether operated for profit or not, approved and licensed by the Florida Department of Health and Rehabilitative Services, which undertakes, through its ownership or management, to provide for a period exceeding twenty-four (24) hours one (1) or more personal services for four (4) or more adults, not related to the owner or administrator by blood or marriage, who require such services. A facility offering personal service for fewer than four (4) adults shall be within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. "Personal services" means services in addition to housing and food service, which include, but are not limited to: Personal assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self-administered medications and assistance with securing health care from appropriate sources.

"Personal services" does not include medical services. This definition shall not apply to transient rentals, college dormitories or hospitals and the care of communicable or contagious diseases.

Adult education, private shall mean any for-profit educational facility, including, but not limited to, technical and trade schools, colleges and universities, specifically excluding K-12 schools.

Adult education, public or non-profit shall mean any educational facility governed by Chapter 1004, Florida Statutes, or any technical school, trade school, college or university governed by Chapter 1005, Florida Statutes, operated as a 501(c)3 non-profit organization.

Adult motel. A motel, hotel, or similar commercial establishment which:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(b)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater. For the purpose of this chapter, the term "adult motion picture theater: means a commercial establishment where films, motion pictures, videocassettes, slides, DVD's, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Adult sexual encounter establishment. A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration:

(a)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b)

Physical contact between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.

(c)

Sadomasochistic practices.

Affected parties: The term affected parties, as it pertains to the public participation process, shall include property owners and residents within the public hearing notice area for each application, homeowner's association presidents for each HOA within the public hearing notice area and business owners whose businesses are within the public hearing notice area.

Agricultural use. The use of a parcel of land for the cultivation of crops and livestock including, but not limited to: cropland, pastureland, orchards, vineyards, ornamental horticulture areas, groves, confined feeding operations, specialty farms, silviculture areas, aviaries, beekeeping, farm stands, plant nurseries but specifically excluding landscape maintenance contractors.

Alley. A thoroughfare, either used as such or shown on any recorded description of the subject parcel(s), which is not more than thirty (30) feet side and which affords only a secondary means of access to abutting property.

Apartment. A dwelling unit contained in a building comprised of three (3) or more dwelling units, each of which has an entrance to a hallway or balcony in common with at least one (1) other dwelling unit. (See section 12-82.)

Apartment, commercial. An apartment located above the first floor of a commercial building. (See section 12-34.)

Appeal. A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of article X, division 4.

Applicant: Applicant, as it pertains to the citizen participation procedures, shall mean all individuals or entities submitting an application to the town for the approval of a master site plan, site plan, land use plan amendment, rezoning, or special permit.

Arcade or game room:

(1)

An establishment, room or place where more than three (3) coin-operated amusement devises are available to the public;

(2)

An establishment room or place where more than three (3) coin-operated amusement devices are available to the public and which derives more than fifty (50) percent of its gross revenues in the town from coin-operated amusement devices.

Arcade/colonnade. A covered, open-air walkway attached to the front of a building; the structure overhead is supported architecturally by columns or arches along the sidewalk.

Archaeological site. Site delineated for the recovery and study of historic skeletal remains, fossils and objects of human workmanship found in the earth.

Attic. That part of a building which is immediately below and wholly or partly within the roof framing.

Automotive repair, major. Substantial repair, rebuilding or reconditioning of engines or drive train, motor vehicles or trailers; collision service including body, frame or fender straightening or repair; painting or paint shop.

Automotive repair, minor. Repairs, upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1½) tons, capacity, but not including any operation listed under "Automobile Repair, Major" or any other operation similar thereto.

Average ground elevation. The average level of the natural surface grade of the ground at a distance of twenty (20) feet perpendicular from the linear midpoint of the exterior wall or face of each structure or building (or at cardinal directions from each structural support for structures lacking faces), or at the property line, whichever is less.

Awning. A structure overhang made of canvas, metal, wood, plastic, or other like material extended before a window, door, portico, or entrance to a building.

Bakery. An establishment which produces and sells baked goods directly to the public on the premises or distributes wholesale to other establishments for sales off the premises. A bakery shall not be considered a food processing facility.

Bar, cocktail lounge, saloon. Any establishment devoted primarily to the sale at retail of alcoholic beverages to be consumed on the premises, or any place, whether or not it is in conjunction with another use, where any sign visible from any public way is exhibited to indicate that alcoholic beverages are sold for consumption on the premises.

Base site area. See section 12-58.

Bedroom. A room in a residence marketed, designed or otherwise likely to function primarily for sleeping.

Billboard. See definition for "Sign, Off-Site or Off-Premises."

Block. A combination of building lots, the perimeter of which abuts streets.

Block face. The right-of-way line or easement line which delineates a block edge.

Boarding stable. A stable for livestock that provides food and shelter for compensation.

Boat launch. An area of land or structure used in order to set boats afloat in a body of water.

Broward County Trafficways Plan. The plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter, which depicts a network of trafficways for Broward County.

Bufferyard. A unit of land, together with a specified type and amount of planting thereon, and any structures, which may be required between zoning districts and/or land uses to eliminate or minimize conflicts between them. (See section 12-105.)

Building. A structure built, maintained or intended to be used for the shelter or enclosure of persons, animals or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building.

Building, accessory. A building which:

(1)

Is subordinate to and serves a principal structure or a principal use;

(2)

Is subordinate in area, extent and purpose to the principal structure or use served;

(3)

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this chapter; and

(4)

Is customarily incidental to the principal structure or use.

Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.

Building, attached. An attached building shall mean a building which has one (1) or more party walls in common with adjacent buildings.

Building coverage. That portion of a lot covered by any and all buildings including accessory buildings.

Building, detached. A building which has no party walls.

Building, enclosed. A building separate on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and exterior walls or party walls perforated only by windows and doors.

Building envelope. An area of a lot enclosed by the front, rear and side lot lines.

Building front. That exterior wall of a building which faces the front lot line.

Building frontage. The distance across the front of a building at average or mean ground level.

Building height. The vertical distance measured from the grade upon which the building is placed to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, to the mean height level between eaves and ridge gable on hip and gambrel roofs, or for buildings set back from the street line, the mean vertical distance from the average elevation of the finished grade along the front of the building provided that this grade is not greater or less than the height of the grade above the established curb level.

Building permit:

(1)

Any permit for the erection or construction of a new building required by Section 301 of the South Florida Building Code, 1984, Broward Edition, as amended.

(2)

Any permit for an addition to an existing building which would:

(a)

Create one (1) or more additional dwelling units; or

(b)

Involves a change in the occupancy of a building as described in Section 104.7 of the South Florida Building Code, 1984, Broward Edition, as amended.

Building, principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Building, semi-detached. A building so constructed which has only one (1) party wall in common with an adjacent building.

Building site. A lot, lots or portion of lots used for a building or structure, the total area of which is identified with the building or structure for compliance with these regulations.

Build-to line. A line parallel to the block face, along which a building shall be built.

Caliper. A measurement of the size of a tree taken six (6) inches from above the ground level for trees up to and including four-inch caliper sizes, and twelve (12) inches above the ground level for larger sizes.

Canopy. A roofed or roof-like covering which shelters people and/or inanimate objects from the natural elements, attached to a building or freestanding, partly or entirely supported from the ground up. This definition shall not include a carport canopy, as herein defined, nor shall it include a covered boardwalk or other walkway that runs along the facade of a business(es).

Caretaker's residence. A dwelling unit which is used exclusively by either the owner, manager or operator of a principal permitted use and which is located on the same parcel as the principal use.

Carport. An accessory structure, or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two (2) sides, designed or used for the storage of motor-driven vehicles owned and used by the occupants of the principal building.

Carport canopy. A roof-like covering, intended and used for the purpose of sheltering no more than two (2) vehicles from the natural elements, partially or entirely supported from the ground up and associated with the residential use of the property.

Cemeteries. An establishment designed for the internment of the dead, including cremated remains, whether in burial plots or in above ground structures such as mausoleums or columbariums, along with ancillary funeral and mortuary services.

Change of occupancy. A discontinuance of an existing use and the substitution thereof of a use of different kind or class or group classification as described by the current edition of the South Florida Building Code. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Channel. The land normally occupied by a stream of water under average annual highwater flow conditions while confined within generally well-established banks.

Child care facility. A location, place, structure, building or child care arrangement that provides care and/or an educational program for more than five (5) children unrelated to the operator and that receives a payment, fee, or grant for any of the children receiving care whether or not operated for profit. The following are not included: public and non-public schools and their integral programs; summer camps having children in full-time residence; Bible schools normally conducted during vacation periods; and summer day campus.

Clear zone. In the corners created by the intersection of two (2) streets, the area outside of an established radius which shall be kept clear of obstructions to emergency vehicles. A smaller corner curb radius may occur within a clear zone.

Club, night. A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment by persons are provided by guests.

Club, private. Associations or organizations of a fraternal or social character operated and/or maintained on a not-for-profit basis to which there is restricted public access. The term does not include nightclubs or other establishments operated for profit.

Coin-operated amusement device. An amusement machine, device, or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, token or slug, for use as a game, contest of skill or amusement of any description operated in accordance with F.S. § 849.161. This definition is not intended to and does not include merchandise vending machines or coin-operated mechanical or electrical musical instruments or devices.

Commercial establishment. An establishment for the sale of goods or services individually or in small quantities directly to the consumer.

Commercial recreation. Recreational related businesses, uses, and facilities operated for profit. This may include but not be limited to amusement centers providing mechanical and/or electronic coin or token operated amusement devices or video games, archery range, bowling alley, country club or golf course, golf driving range, health spas, horse shoes and quoits, miniature golf course, tennis, racquetball, shuffleboard, squash and handball courts, swimming pools, running tracks.

Commercial vehicle. Any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle.

Common property. A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, and designed and intended for the ownership, use and enjoyment shared by the residents and owners of a development. Common property may contain such accessory structures and improvements as are necessary and appropriate to the benefit of the residents and owners.

Community facility. A facility that is publicly or privately owned, serving cultural, recreational, religious and/or social interests in the community.

Community residences, family, shall have the meaning set forth in section 12-34(W).

Community residences, transitional, shall have the meaning set forth in section 12-34(W).

Comprehensive Plan. The Town of Davie Comprehensive Plan and its elements, including all text and all accompanying maps, charts and explanatory material, adopted by the town council pursuant to "Local Government Planning Act of 1975" of the Florida State Statutes, meeting the requirement of F.S. §§ 163.3177 and 163.3178, and certified by the Broward County Land Use Plan pursuant to the Broward County Charter.

Concurrence. Public facilities and services needed to support development at adopted levels of service shall be available at the same time or concurrent with the impacts of such development.

Construction, actual. The placing of construction materials in a permanent position and fastened in a permanent manner. Substantial demolition, excavation or removal of existing materials or structures preparatory to new construction shall also be deemed as actual construction.

Construction, start of. The excavation of or installation of foundation footings or grading other than for the installation of materials for road construction.

Contiguous. In close proximity, touching or adjacent.

Corner curbed radius. The curved street edging at intersections, measured at the edge of the traffic lanes. Radii shall not exceed the maximum prescribed.

Curb cut. See the definition of "Access."

Cutoff. The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cut off) at a specific angle above the ground. (See article VIII, division 2.)

Cutoff angle. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted. (See article VIII, division 2.)

Cutoff fixture. A luminaire that allows a minimum amount of light directed at a horizontal plane (ninety (90) degrees). Light above the horizontal plane is limited to less than two and one-half (2.5) percent of the total lamp lumens.

Dedication. The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.

Density. The number of dwelling units per acre expressed in terms of "gross" and "net" density. Unless otherwise specified, permitted densities enumerated herein are expressed as gross densities.

Density, gross (GD). The quotient of the total number of dwelling units divided by the gross site area of the site.

Density, net (ND). The quotient of the total number of dwelling units divided by the net site area of the site.

Developer. The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including optionee or contract purchaser.

Development:

(1)

The division of a parcel of land into two (2) or more parcels;

(2)

The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings;

(3)

Any use or change in use of any buildings or land;

(4)

Any extension of any use or land; or

(5)

Any clearing, grading or other movement of land for which permission may be required pursuant to this chapter.

(6)

It is expressly recognized that the term "development" as defined herein and throughout this Code, shall not include nor be interpreted to include any farm, or "agricultural uses" as that term is defined pursuant to section 12-32(A).

Development order. Any order by the town granting, denying or granting with conditions an application for a development permit.

Development pad. The portion of a lot subject to site disruption from construction and/or clearing activities including construction of principal and accessory buildings, drives, walkways, loading areas, storage yards, septic or alternative waste disposal areas, and woodland clearing activities.

Development permit. Any building permit, zoning permit, subdivision approval, rezoning, certification, special permit, variance, or any other official action of the town having the effect of permitting the development of land.

Distance between buildings. The shortest straight line distance between the building line of adjacent buildings upon the same lot. This term shall not apply to the party wall of attached or semidetached buildings or dwellings.

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or description of Specified Sexual Activities or Specified Anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description "specified anatomical areas" or "specified sexual activities."

Distribution facilities. A facility to which materials or goods are shipped by truck, sorted or stored, and then from which such materials or goods are loaded onto trucks for the purpose of shipping them to their final destination. Such facilities function solely to receive and ship materials or goods, and are characterized by a continuous volume of truck traffic during both on-peak and off-peak hours. Also referred to as motor freight terminals.

District. A portion of the territory of the Town of Davie, Florida, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Dooryard. The yard between the building front and front lot line.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.

Driveway. An area that connects the parking aisles of a parking lot to the public right-of-way, to a private street or to another driveway.

Driveway entrance. The real portion of a driveway which immediately abuts the public right-of-way or a private street.

Drug abuse treatment and education residential facility. A facility approved and licensed by the Florida Department of Health and Rehabilitative Services to serve the need of persons who have been (or have the potential for) abusing or misusing drugs, limited to the following:

(1)

Therapeutic community which is a live-in center that provides long-term treatment services by trained professional and paraprofessional persons, twenty-four (24) hours a day for a minimum of six (6) months and a maximum of eighteen (18) months.

(2)

Transitional facilities which is a live-in center that provides long-term treatment services by trained professional and paraprofessional persons, twenty-four (24) hours a day for a period not to exceed six (6) months.

Dwelling. Any building or portion thereof which is designated or used for residential purposes.

Dwelling, attached. Two (2) or more adjoining dwelling units, each of which is separated from the others by one (1) or more common walls from ground to roof.

Dwelling, multiple-family. A dwelling structure designed for occupancy by three (3) or more families, with each family occupying a separate dwelling unit, which may be separated vertically as well as horizontally. Shared halls, entrances or stairs are common features of this type of housing.

Dwelling, semi-detached. A residential structure having no more than two (2) dwelling units attached by a party wall, such as a duplex.

Dwelling, single-family. A dwelling designed for and occupied by not more than one (1) family.

Dwelling, single-family attached. A dwelling designed for and occupied by not more than one (1) family with a separate entrance, and having a common roof, wall, or floor with another dwelling unit, e.g. a townhouse or atrium house.

Dwelling, single-family detached. A dwelling designed for and occupied by not more than one (1) family and having no roof, wall or floor in common with any other dwelling unit. The minimum dimension of the main body of the dwelling unit shall not be less than twenty-two (22) feet. In no case shall two (2) or more buildings constructed as individual dwellings be allowed to be attached for the purpose of satisfying the width requirements.

Dwelling, townhouse. An attached dwelling of three (3) or more dwelling units which may be placed upon individual lots in accordance with the provisions of this chapter, or held under common ownership with the dwelling upon a single lot, such as a rental structure, or be sold on a condominium basis. In all instances, however, exterior design features and appurtenances shall be harmonious.

Dwelling, two-family or duplex. A building or structure containing two (2) dwelling units. A semidetached dwelling.

Dwelling unit. A house, apartment, condominium unit or mobile home designed for and occupied by no more than one (1) family.

Easement. Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

Employ, employee, and employment. Describe and pertain to any person who performs any service on the premises of sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Enforcing official or body. The officers and employees of the department, bureau or agency of the Town of Davie to whom the duty of enforcing the terms of this chapter are assigned under the public laws of the State of Florida.

Equestrian facilities. Any building, structure or land area that may not meet the criteria to be classified as a "farm" under the Florida Statutes or the Davie Town Code and that is used primarily for equestrian competitions, events or displays, whether private or commercial, such as showgrounds, rodeo arenas and racetracks. The term equestrian facilities also include communal stables, paddocks and riding areas that are an amenity or accessory to a residential development. Equestrian facilities may also board horses belonging to owners who reside elsewhere.

Erected. Includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fills, drainage and the like shall be considered a part of erection.

Erosion. The detachment and movement of soil fragments by water, wind, ice and/or gravity.

Essential services. Include, but are not limited to, the following: potable water service, waste treatment and disposal service, solid waste disposal service, drainage, streets and roads, fire protection service, police protection service, school sites and school buildings, and parks and recreation facilities. This includes the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including building.

Established grade. The average elevation of the public sidewalks around or abutting a plot or, in the absence of sidewalks, the average elevation of the public street abutting the plot.

Establishment. An economic unit where business is conducted or services or industrial operations are performed. An establishment also means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(3)

The addition of any sexually oriented business to any other existing sexually oriented business.

Excavation. The digging, stripping or removal by any process of natural materials or deposits from their natural state and location for any sand, gravel, rock or topsoil pit or quarry.

Existing nonconforming vehicular accessway. A way intended for vehicular traffic, whereby ingress and egress to and from lots or units shall be achieved over and upon a common or private parcel, primarily by the owners or occupants of said lots or units, but which may also be used to facilitate the entry thereupon of necessary public service and emergency vehicles.

Expression line. A horizontal line, the full width of a facade, expressed by a material change or by a continuous projection not less than three (3) inches nor more than one (1) foot.

Exterior storage. Outdoor storage of fuel, raw materials, products and equipment. In the case of lumberyards, exterior storage includes all building materials or waste or scrap materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds and truck trailers stored outdoors.

Fabrication and assembly. The production and distribution, from standardized parts, involving a physical, as opposed to chemical, mating or joining of the individual parts to produce a distinct object. Fabrication, as herein defined, does not include manufacturing operations from raw materials.

Family. One (1) or more persons related by blood, marriage or legal adoption, or a group of not more than two (2) such persons not so related occupying a dwelling and living as a single housekeeping unit, doing their own cooking and having their own sanitary facilities on the premises. May also include gratuitous guests and domestic servants.

Family day care home. An occupied residence in which child care is regularly provided for children and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Family day care home shall mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation thereof.

Farm. The land, buildings, structures and machinery which are primarily adapted and used for agricultural purposes when such land is classified agricultural pursuant to F.S. § 193.461.

Farm product. Any plant, as defined in F.S. § 581.011, any animal, except household pets, useful to humans including any product derived therefrom, the cultivation of crops, groves, thoroughbred and pleasure horse ranches, including horse boarding, private game preserves, fish breeding areas, trees and plants, cattle ranches, and other similar activities involving livestock or poultry.

Farm stand. A temporary structure or vehicle used in the sale of farm products, including, but not limited to, fruits, vegetables, juices and ornamental plants located on a farm.

Fascia. A band located at the top edge of a building but below the actual roofline and above the building wall. Fascia material is typically of a different type than either the actual roof or the building wall.

Fence. A barrier of posts, wire, rails, boards, metal sheets, trees, shrub hedge or other material which is a barrier and used as boundary or means of protection or confinement.

Fence line. The line upon which fences, walls, and/or hedges shall be constructed.

Filling. The depositing on land, whether submerged or not, of sand, gravel, earth of other materials of any composition whatsoever. Biodegradable materials and other materials subject to decomposition or significant settling (such as garbage and other organic matter) are not permitted as fill materials. Fill materials are further restricted by the provisions of section 12-33.

Flexibility zone. A geographic area, as delineated on the flexibility zone boundary maps in the Administrative Rules Document of the Broward County Planning Council, within which residential densities and land uses may be redistributed.

Flood. A temporary rise in stream flow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.

Floodplain. Floodplains are those areas along streams or swales inundated by a 100-year storm (base flood) as designated on the federal flood insurance rate maps.

Floor area. The sum of the gross floor area for each of the building's stories, measured from the exterior limits of the faces of the structure. The floor area of a building includes basement floor area. Attic floor area is included only if the attic area meets the South Florida Building Code standards for habitable floor area. Not included are cellars and unenclosed porches or any floor space in an accessory building or in the principal building which is designed for the parking of motor vehicles in order to meet the parking requirements of this chapter.

Floor area, gross. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the centerlines of party walls. This term also includes floor space in penthouses or attics providing structural headroom of seven feet six inches (7′6″) or more; floor space of roofed balconies or mezzanines; any floor space used for dwelling purposes, no matter where located within either a principal building or accessory building.

Floor area, minimum. The area of the floor or floors measured from the exterior faces of exterior walls or from the centerlines of party walls, excluding the area of corridors external to the dwelling unit, garages (whether separate or integral), carports, porches open to the sky, breezeways or storerooms not accessible from the interior of dwelling units.

Floorplate. The total indoor and outdoor area of any given story of a building, measured to the exterior of the wall.

Food processing facility. A facility for processing and/or packaging fruits, vegetables, dairy products, grains and other foodstuffs into consumer-ready products, such as preserved fruits, frozen vegetables, cheeses, syrups, or non-alcoholic beverages. This definition also includes facilities that purchase already-processed animal parts, such as sausage links or chicken breasts, for further processing into consumer-ready products, such as smoked, cured or marinated meats, whereby there is neither slaughtering nor delivery or use of animal carcasses.

Footcandle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.

Forest. An area containing woodland.

Frontage. The property line or lines of a lot which coincide with a right-of-way other public open space.

Full circulation parking lots. A parking lot design which permits a car entering a parking lot to circulate in front of all parking stalls and restart the same movement again without using the public right-of-way.

Full cutoff fixture. A luminaire, as installed, that is designed or shielded in such a manner that no light is present at or above a horizontal plane.

Fully shielded. A light fixture constructed in such a manner that all light emitted by the fixture, whether directly from the lamp or a defusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. Fixture shall be mounted such that no light is emitted above the horizontal plane.

Garage, private. An enclosed space for at least one (1) automobile either attached to a dwelling unit or built as an accessory building to the principal building. A carport shall be considered as a private garage.

Garage, public or commercial. A building or space, other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which service stations are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.

Garden center. A place of business where retail and wholesale products and produce are sold to the retail consumer. Items offered for sale may include-plants, nursery products and stock, predominantly grown elsewhere, and fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm tools, and utensils. These establishments may sell a limited amount of product they grow themselves.

Garden plot. An area established for the growing of food for home use. Such areas may be owned by an individual, community association, homeowners' association, or agency.

Garden wall. A wall intended to define public and private space located along a fence line.

Gas station. An establishment providing sales of vehicle fuel and such services as lubrication, oil and tire changes, and minor repairs. This use does not include paint spraying or body fender repair.

Golf course. An area designed for executive (minimum par sixty (60)) or regulation (minimum par seventy (70)) play, installed on reasonably contiguous tracts having areas greater than forty (40) acres. A golf course may also include accessory uses and structures such as club houses, pro shops, cart sheds, starter sheds, maintenance buildings or structures and dining and refreshment facilities.

Grade. For the purposes of determining sign height, the elevation or level of the public street which accesses the site closest to the sign as measured at the street centerline.

Greenhouse. An enclosed building, permanent or portable, which is used for the growth of plants.

Group housing. One (1) or more buildings erected on the same plot for dwelling purposes such as transient rentals or college dormitories.

Guest cottage. An accessory building on a single-family residential lot, detached from the principal dwelling unit but designed and intended to provide living quarters which are strictly accessory to the principal dwelling on the lot.

Habitable space. Building space whose use involves human presence with direct view of the fronting streets or open space excluding parking garages, self-service storage facilities, warehouses, and display windows separated form retail activity.

Hardship, necessary. Arduous restrictions upon the uses of a particular property which promote the objectives of these regulations; providing, that such restrictions apply to all land within the same district (e.g., if commercial uses are prohibited in a district, this results in a hardship to the property owners, but it is a hardship which is necessary to the purpose of the chapter in the first place).

Hardship, unnecessary. Arduous restrictions upon the uses of a particular property which are unique and distinct from that of adjoining property owners. Granting of relief from an unnecessary hardship should not violate sound zoning principles, including considerations that adjacent properties will not be substantially reduced in value, it is not granting special privilege not to be enjoyed by others in similar circumstances, and the public interest is maintained including following the spirit of this chapter and the Davie Land Use Plan. Invalid and nonjustifiable bases for pleading unnecessary hardships include:

(1)

Loss of the "best" use of the land and business competition.

(2)

Self-created hardships by the applicant's own acts.

(3)

Neighboring violations and nonconformities.

(4)

Claims of inability to sell the property.

(5)

General restrictions of the chapter.

Hazardous substances. Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any person handling or using or otherwise dealing with such material or substances.

Healthcare. Any facility treating, teaching or administering practices which pertain to promoting the physical well being of its user. Hospital, clinics, ambulatory care, diagnostics, medical offices are all facilities, which fall under this category.

Height berm. The vertical distance measured from the average ground elevation of the site, or if the berm is located along a street frontage, from the street centerline elevation, to the lowest point on such berm.

Height, structure. The vertical distance measured from the average ground elevation to the highest point of such structure.

High-water mark, ordinary. The point on the bank of shore up to which the presence and action of surface water is so continuous as to leave a distinct mark such as by erosion, destruction or prevention off terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

Hobby farm. A parcel of land located in an existing or designated semi-rural area, with or without a residential dwelling and/or accessory buildings, where limited agricultural activities for primarily recreational purposes are not prohibited at the time of the adoption of this act and which does not meet the criteria to be classified as a "farm" under the Florida Statutes or of this Code.

Homeowners' association. An incorporated, nonprofit organization operating in a residential cluster or planned unit development under recorded agreements through which each lot owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the city; and each owner or tenant has the right to use the common property.

Hospital. A facility licensed by the State of Florida which maintains and operates organized facilities for four (4) or more persons for medical or surgical diagnosis, care of the treatment of human illness, excluding those facilities primarily intended for the care of the mentally ill.

Hotel. A building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight lodging facilities for periods not to exceed thirty (30) days to the general public for compensation with or without meals, and which has common facilities for reservations and cleaning services and on-site management. Access to rooms may be from either or both interior and exterior doors. Parking facilities are provided near occupant rooms.

Impervious surface. Impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards or similar uses, areas of stored lumber constitute impervious surfaces.

Industrial office park. An area wherein more than one (1) building or structure is erected for office, industrial, and/or research and development purposes as a part of an integrated and planned unit, where the buildings are not necessarily erected simultaneously but that roadways, utility services and the like are installed in accordance with provisions of this Code.

Inflammable liquid. Any liquid which under operating conditions gives off vapor which, when mixed with air, is combustible and explosive.

Infrastructure. Those manmade structures which serve the common needs of the population, such as sewage disposal systems; potable water systems, potable water wells serving a system, solid waste disposal sites or retention areas, stormwater systems, utilities, piers, docks, wharves, breakwaters, bulkheads, seawalls, bulwarks, revetments, causeways, marinas, navigation channels, bridges and roadways.

Inoperative vehicle. Any motor vehicle which lacks a current registration, or two (2) or more wheels, or any other component part, the absence of which renders the vehicle illegal for use on highways.

Institution. A nonprofit or quasi-public use or establishment for public purpose having a specific social, educational or religious purpose(s).

Junkyard. Any land or structure used for a salvaging operation, including, but not limited to, the storage and sale of waste paper, rags, scrap metal, house wrecking and structural steel materials and discarded lumber, and other materials, and the collection, dismantlement, storage and salvage of two (2) or more inoperative vehicles. This designation does not apply to pawnshops and other establishments for the sale of usable secondhand goods or the processing of salvaged materials that are to be used as part of manufacturing processes.

Kennel. Any place in or at which four (4) or more dogs or cats over four (4) months of age are kept for the purpose of sale or in connection with boarding care, training or breeding, for which any fee is charged.

Laboratory. An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include the following: an establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession or to patients therefore; dental labs; labs for testing, inspecting calibrating, and/or certifying products or equipment; or laboratories engaged in other activities provided that no laboratory shall involve other than the incidental use of chemicals, radiation, or pathogens. Does not include facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Lake. Any body of water two (2) acres or larger in size.

Land development. The creation of canals, waterways and lakes incidental to real estate subdivision and development.

Land development regulations. Ordinances enacted by governing bodies for the regulation of any aspect of development and include any local government zoning, rezoning, subdivision, building construction or sign regulations, or any other regulations controlling the development of land.

Land use. The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or land development code, as the context may indicate.

Land use plan. See the definition for "Comprehensive Plan."

Landscaping. Materials such as grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, pebbles, sand, walls or fences (but excluding paving) purposely installed at ground level and open to the sky for functional or aesthetic reasons.

Landscape features. Features constructed with a yard space for aesthetic or recreational purposes such as landscaping, hammocks or gazebos, but not including storage facilities such as sheds or workshops.

Landscape maintenance contractor. An establishment primarily engaged in providing landscape and/or lawn care and maintenance services, such as lawn mowing, edging, weeding, pruning, clipping, seasonal planting, irrigation, fertilization, application of pesticides, and the installation of water features or other garden ornamentation.

Landscape surface area. Surface area of land not covered by any buildings, impervious surface that is maintained as a natural area and left undisturbed or to support plant life.

Light pollution. Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any man-made light that diminishes the ability to view the night sky.

Light trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Livestock. Grazing animals, such as cattle, horses, sheep, goats and other hoofed animals, including ruminants, ostriches, emus, and rheas.

Loading space. An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial or public service vehicle while loading or unloading.

Local street. A route providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property.

Lot. An area of land separated from other parcels of land by a subdivision plat, deed of record, or metes and bounds description, but that is undivided by any street or private road and occupied by, or designated to be developed for, permitted building(s) or principal use(s) and accessory building(s) or use(s) customarily incidental to such building, use or development, including such open spaces and yards as are designed and arranged or required by this chapter for such building, use or development.

Lot area. The area contained within the boundary lines of a lot excluding easements or rights-of-way for public or private roads, primary utility transmission lines, canals, lakes and stormwater management facilities.

Lot, corner. A lot abutting two (2) or more streets at their intersection where the interior angle of the intersection does not exceed one hundred and thirty-five (135) degrees.

Lot depth. A horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.

Lot frontage. This is the distance measured between the side lot lines measured along the street line. When a lot has more than one street frontage line, lot width shall be measured, and the minimum lot width required by this chapter shall be provided, at each such line. Frontages of lots on culs-de-sac or located on streets with curved alignments are measured at the front setback line.

Lot, interior. A lot other than a corner lot, which has adjacent lots on two (2) or more sides.

Lot line. A line bounding a lot which divides one lot from another or from a street.

Lot line, front. In the case of a lot abutting only one (1) street, it is the property line or street right-of-way line separating such lot from such street. In the case of a lot, other than a corner lot, that abuts (2) two streets, the lot line providing primary vehicular access shall be considered the front lot line while the opposite side shall be considered a rear lot line.

Lot line, rear. In the case of rectangular or most trapezoidal-shaped lots, that lot line which is generally parallel to and most distant from the front lot line of the lot; in the case of an irregular, triangular or gore-shaped lot, a line twenty (20) feet in length entirely within the lot parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street. In the case where the lot does not abut a street, the rear lot line shall be the lot line farthest from the closest street and generally parallel to it, or an imaginary line at least twenty (20) feet long.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. Any validly recorded platted lot of a subdivision or parcel of land which, at the time of its recording, complied with all applicable laws, ordinances, and regulations.

Lot width. The horizontal distance between the side lot lines measured at right angles to the line representing the lot depth at its point of intersection with the required minimum front setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear setback.

Lumen. Unit of luminous flux; used to measure the amount of light emitted by lamps.

Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Maintenance guarantee. A guarantee of facilities or work to ensure the correction of any failures of any improvements required pursuant to this chapter and regulation or to maintain same.

Manufacturing, light: The processing, fabrication, assembly, treatment, packaging, and incidental storage, sales and/or distribution of finished products or parts predominantly from previously prepared materials; excluding basic industrial processing utilizing extracted or raw materials, and excluding storage or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts, air or water emissions, noise, odor, vibration or other offensive conditions detectable outside of the structure housing the light manufacturing operation.

Manufacturing, medium or heavy: The basic industrial processing utilizing extracted or raw materials, or storage or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts, air or water emissions, noise, odor, vibration or other offensive conditions detectable outside of the structure housing the manufacturing operation.

Marina. A water-oriented commercial facility with boat dockage, supplies, dry storage and related sales and services for recreational and/or commercial watercraft.

Massage establishment. Includes any shop, parlor, establishment or place of business wherein all or any one (1) or more of the following named subjects and methods of treatments, are administered or practiced if, at any time, an employee displays any specified anatomical areas during the course of treatment:

(1)

Oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, colon irrigations, 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.

(2)

Nothing in this chapter shall be construed as applying to State of Florida-licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing home or other licenses medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licenses medical practitioners or their agents, servants or employees acting in the course of such agency, service or employment.

Maximum permitted illumination. The maximum illumination measured in footcandles at the interior buffer yard line at ground level. (See Article VIII, Division 2.)

Micro-brewery, micro-distillery, means a facility no more than twenty thousand (20,000) square feet in gross floor area that produces alcoholic beverages, and which may include an accessory tasting room. A tasting room allows customers to taste samples of products manufactured on-site and purchase related promotional items.

Mini-warehouse. A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. At least one (1) toilet facility shall be available to customers. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises. Maximum leasable space per tenant shall be one-thousand (1,000) square feet. Outdoor storage or the storage of junk, explosives or flammable materials and other noxious or dangerous materials are specifically prohibited.

Mobile home. As defined in F.S. § 723.003(8), which is hereby adopted in its entirety and as may be amended from time to time.

Mobile home park. A mobile home park is a planned development containing mobile homes placed on lots specifically designed for them. Such a facility shall meet all requirements for planned residential uses listed in section 12-81.

Mortuary and funeral services. An establishment providing funeral services, including related memorial services, embalming services and cremation services, specifically excluding cremation.

Motel. See the definition of "Hotel."

Motion picture, television studio: An establishment engaged in motion picture, videotape or television production, and services relating thereto, including casting bureaus, developing and printing of film, editing of film, stock footage film libraries, motion picture film processing, motion picture laboratories, rental of motion picture equipment, studio property rental for motion picture film production, TV tape services, wardrobe rental, motion picture booking agencies, and similar uses.

Motor fuel pump. A device or mechanism used for the dispensing of refined motor fuel products into an approved receptacle for retail sale or in connection with the operation of an on-site permitted commercial or industrial use.

Multifamily parcel. A residential parcel of land which is occupied or proposed for occupation by a dwelling structure designed for occupancy by three (3) or more families with each family occupying a separate dwelling unit.

Nadir. The direction pointing vertically down from the lowest light emitting part of the luminaire.

Natural area. An area protected and maintained as permanent open space in which disruption from development (other than trails) and/or active recreational activities is prohibited. Areas in which vegetation is re-established following disruption, and otherwise meeting the previous conditions, are also considered natural areas.

Natural grade. The lowest level of the ground adjoining the building, measured three (3) feet perpendicular from the exterior of the foundation wall, or if on a curve, on the radius of the curve.

Nightclub. A restaurant, dining room, bar or other similar establishment providing food or refreshments, where floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Noncommercial copy. Any message which does not promote a business or the sale of any product, service or activity. Examples include messages regarding political, social or environmental matters.

Nonconforming lot. A lot of record which does not meet the minimum width, frontage, depth or contain the minimum area requirements for the zoning district in which it is located.

Nonconforming structure. Any building or structure, other than a sign, legally established prior to the effective date of this chapter or subsequent amendment to it, which does not fully comply with the standards imposed by the individual sections of this chapter.

Nonconforming use. An activity using land, buildings, signs and/or structures which were legally established prior to the effective date of this chapter or subsequent amendment to it and which would not be permitted to be established as a new use in a zone in which it is located by the regulations of this chapter.

Nudity or state of nudity. The showing of human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Nursing home, convalescence or rest facility. An establishment where, for compensation, care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease or mental illness, which is not of sufficient severity to require hospital attention; or for further institutional care after being discharged from a hospital, as herein defined; or an establishment where patients require nursing care in addition to domiciliary care.

Occupied. The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

Office, business and professional, means the commercial provision of information or consultation of a professional nature, such as, but not limited to, insurance, real estate and executive management, but excluding significant storage or display of goods or chattels for the purpose of sale, lease, or rent. Business and professional office use may include the creation and processing of information, such as, but not limited to, product development and testing, life sciences, computer software development, information storage and retrieval and publishing.

Off-street loading area. An off-street loading area in an area provided off the public right-of-way for the temporary parking of trucks being loaded or unloaded.

On-site. Located on the lot in question, except in the context of on-site detention, where the term means within the boundaries of the development site as a whole.

On-site sewer and water. Private water and sewer facilities serving one or more dwellings on a lot, such as a well and a septic tank.

Opacity. The degree of opaqueness or transparency of a peripheral or street bufferyard as required pursuant to Article VI of this Code. Opacity is measured in increments ranging from one-tenth (.1) to one (1.0). The higher opacity indicates a larger number of plant units and/or screening material and corresponding decrease in transparency of the bufferyard.

Open space. Land that is to be used primarily for resource protection, agriculture (where agricultural products are not sold on site), recreational purposes or otherwise left undisturbed and specifically excluding road rights-of-way. Where residential lots are above the minimum sizes required and the excess lot area is deed restricted to open space uses it may be counted as open space in site plans approved before November 1, 2001. In a residential development such deed restricted common areas must have unrestricted access for all residents, except for lakefront lots in the "E" District Zoning category in which the lakefront lot property owner is entitled to construct a fence subject to compliance with § 12-33(N). As of November 1, 2001, no developer may obtain approval of any site plan which utilizes excess lot area as open space.

Open space ratio. The number derived by dividing the open space on a site by the base site area. (See Article IV, Division 3.)

Open yard space. The portion of a lot free from buildings, patios, decks, walkways, pools, and parking surfaces.

Operate or cause to operate. To cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

Outdoor storage. The storage of equipment, goods, merchandise, raw or processed material, or junk outside of any building or structure for a period of more than twenty-four (24) hours. For the purpose of this definition, the overnight parking of vehicles shall not be deemed to be outdoor storage.

Outlot. A platted lot which is unbuildable.

Outparcel. A parcel of land which was previously included in an overall development or larger parcel of land, subdivided for the purpose of building a separate, freestanding building or for marketing as a separate or distinct parcel of land. For the purposes of these regulations, an outparcel containing all the land area measuring from the front lot line to the rear lot line, inclusive, of the overall development shall not be subject to the restrictions contained herein.

Owner. The person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Package store. A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

Pad, development. The area of a lot within a large lot residential development which is devoted to structures and septic systems.

Parcel.Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Parking. The term "parking" shall mean the temporary, transient storage of private passenger automobiles used for personal transportation while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental or any other purpose other than specified above. "Parking," as defined herein, shall apply only to open-air storage of automobiles.

Parking aisle. The area immediately adjacent to the car parking stalls which permits maneuvering of the cars entering and leaving a parking stall and which connects the parking stalls to the driveway.

Parking lot rental. Rental of parking spaces as a principal use, whether in a surface lot or elevated parking structure, for the purpose of serving the parking needs of residential, commercial and institutional uses within ¼ mile, specifically excluding the parking or storage of commercial trucks.

Parking space. An area, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public right-of-way, except that nothing shall prohibit driveways for detached dwelling units from being considered off-street parking areas; provided, that no portion of such private driveway is within the right-of-way line of the street intersected by such driveway. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of such space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

Parking stall. The space that is necessary to park a car, excluding aisles and driveways.

Passive recreation. Recreational uses, areas or activities oriented to noncompetitive activities that require no special equipment. Passive recreation areas are generally maintained by mowing. Bicycle riding, hiking and bird watching are examples of passive recreation activities.

Paved area. An area of ground caused to be less than fifty (50) percent pervious by the application of semipervious or impervious paving material.

Pawnshop. A place of business where a merchant makes a business of lending money for interest receiving personal property of the borrower as security for repayment.

Pennants. See definition of "Flags."

Penthouse. Topmost built area of a building with a floorplate area less than that of the tower below.

Performance guarantee. A financial guarantee to ensure that all improvements, facilities or work required by this chapter will be completed in compliance with the ordinances, regulations, and the approved plans and specifications of a development.

Permitted use. Any use of land or buildings as permitted by these regulations.

Person. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity.

Personal services. Any business activity of a personal nature, provided to the general public. Personal services may include barbershops, beauty salons, dry cleaning pick-up service, seamstress, shoe repair, tailor, and other similar uses. Astrologists and other fortune telling activities may be permitted by special permit issued pursuant to article X.

Pervious surface. An area maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground.

Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs (defined as any animal of Canidae family of the order of Carnivora) and/or cats (defined any animal of the Felidae family of the order Carnivora), regardless of the age of the dog or cat, but specifically excluding public or not-for-profit animal shelters and animal rescue centers which may operate on the premises of a for-profit pet store.

Petroleum storage. The storing, holding or housing of petroleum products associated with the refining, recycling, wholesale distribution or transfer, and other distillation and production activities of petroleum products. This does not include gasoline or fuel in a refined state that is maintained on site for the purpose of dispensing for retail sales or for non-resale uses directly in connection with the permitted commercial or industrial use of property.

Picnic area. An area specifically designed for providing facilities for picnicking activities. Facilities may include picnic tables, grills, outhouses and shelters.

Place of public assembly shall mean any area, whether in a publicly or privately owned facility, where individuals assemble for primarily non-commercial purposes, including, but not limited to, fraternal lodges. Community centers, clubhouses, and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

Planned development. A development that contains a minimum amount of common open space and uses one or more of the dwelling unit types in section 12-32. Also see section 12-53.

Plant nursery. A farm on or in which nursery stock is propagated or grown to a usable size for sale, either retail or wholesale. These establishments may sell a limited amount of ancillary items such as fertilizers, potting soil, pots and garden ornaments and may also undertake limited installation of trees, shrubs and/or plants incidental to the sale of such products.

Plat. A recorded map or delineated representation of a tract or parcel of land showing the designation of such land as lots, blocks, parcels or other portions thereof, however the same may be designated.

Platted land. Any land recorded by plat in the Broward County Circuit Court Clerk's Office.

Plaza. An open space with a majority of paved surface. Plazas are fronted with buildings that continue the adjacent street frontage requirements and uses.

Pond. All bodies of water less than two (2) acres in area.

Porch. A roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building.

Portable storage unit. Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

Potable water. Water which is satisfactory for drinking, culinary and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation, Chapter 17-22, Florida Administrative Code.

Poultry. Any chickens, turkeys, ducks, geese, peafowl or guinea fowl, or pigeons, pheasants, quail and other game birds raised for meat or eggs.

Premises. The immediate lot, parcel or tract.

Principal use. The primary purpose for which a lot or building is used or is intended to be used.

Private school. A privately administered institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the Florida Department of Education and/or the School Board of Broward County.

Public improvement. Any improvement, facility or service, together with customary improvements and appurtenances thereto necessary to provide for public needs such as streets, alleys, or pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utilities and energy services.

Public sanitary sewer. Includes sanitary sewer systems other than individual on-site systems approved by the town, state or county and maintained by a public or private agency authorized to operate such systems.

Public service. Any facility or service provided by the local or federal government or duly authorized by the State of Florida to provide services to the general public.

Recorded lot. See the definition for "Lot of Record."

Recovery community, shall have the meaning set forth in section 12-34(W).

Recreational vehicle. As defined in F.S. § 320.01(1)(b), which is hereby adopted in its entirety and as may be amended from time to time.

Recycling, scrap metal processing, and automobile wrecking yard. An establishment or place of business which is maintained, used or operated for recycling, processing, storing, keeping, buying or selling junked, dismantled or wrecked automobiles, vehicles and vessels or any parts thereof, including, but not limited to, oils, gasoline and other fluids and materials salvaged therefrom; and old or scrap batteries, construction and demolition debris, rubber, plastic, copper, brass, aluminum, iron, steel, and other old or scrap organic, ferrous or nonferrous material, but shall not include the processing of concrete for the purpose of reducing to a powder-like form.

Regularly features or regularly shown. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

Religious institution. A building together with its accessory buildings, structures and use where people regularly assemble for religious purposes and related social events and which building together with its ancillary uses is maintained and controlled by a religious body organized to sustain religious beliefs, ceremonies and purposes.

Remodeling, redecorating or refinishing. Any change, removal, replacement or addition to walls, floors, ceilings and roof surfaces or coverings which do not support any beam, ceiling, floor load, bearing petition columns, exterior walls, stairways, roofs or other structural elements of a building or structure.

Research and development facility. An establishment primarily engaged in computer/electronics research, engineering research, food research, social research, educational research, scientific research, or other similar research and/or research-based development of products, technology or information. Research and development facilities shall not involve use of chemicals, radiation, or pathogens for other than incidental use.

Reservoir. A natural or artificial lake where water is stored for use.

Residential child care facility. Governmental, nongovernmental, nonprofit or proprietary facility approved and licensed by the Florida Department of Health and Rehabilitative Services providing twenty-four-hour care to dependent and delinquent children and adolescents away from their own parents, relatives or guardians, the purpose of which is to ensure the health, safety and well-being of those children for whom residential care must be provided away from families.

Residential community alcohol treatment center. A facility approved and licensed by the Florida Department of Health and Rehabilitative Services to serve the needs of persons who have been (or have the potential for) abusing or misusing alcohol, excluding in-patient residential treatment facilities.

Residential parcel. A parcel of land on which a residential structure may be built without violating the land use plan or any applicable law or ordinance.

Resource protection area. Sensitive lands at or near the shoreline that have intrinsic water quality value due to the ecological and biological processes they perform and are sensitive to impacts which may cause significant degradation to the quality of state waters. (See article IV, division 4.)

Resource protection area buffers. A vegetated buffer one hundred (100) feet in width located adjacent to and landward of the resource protection areas components and along both sides of any tributary stream. (See article IV, division 4.)

Restaurant, drive-in. A place of business being operated for the sale and purchase at retail of food, which is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles or which allows the consumption of any food or beverage in their automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If, in addition to the consumption of food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure; it shall be considered a drive-in establishment.

Restaurant, fast food. A restaurant where service is through a drive-up window, or over a counter with no table service.

Restaurant, standard. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Resubdivision. See the definition of "Subdivision."

Retail. The sale, exchange or trade of merchandise, goods or items in small quantities to individual consumers, excluding personal services uses.

Right-of-way. Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose.

Road, arterial. A road which is intended to provide for high-speed travel between or within communities or to and from collectors. Access is controlled so that only regionally significant land uses may take direct access to these streets.

Road, collector. A road which is intended to connect residential streets to arterial roads or provide access to nonresidential uses and arterial streets.

Road, freeway. An arterial road with limited access only at arterial or collector roads.

Road, local. A road which is intended to provide access to abutting properties.

Road, residential. A road which is intended to provide access to abutting residential properties.

Roofline. The top or bottom edge of a roof or building parapet, whichever, excluding any cupolas, pylons, chimneys or other minor projections.

Roominghouse. A dwelling where lodging is provided for compensation for from four (4) to ten (10) persons who are not members of a family occupying that dwelling unit and who do not occupy the dwelling as a simple housekeeping unit. A roominghouse is considered a commercial lodging use.

Sadomasochistic practices. The flagellation, torture or humiliating activities by or upon a person clothed or naked, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed or naked or other similar activities which depicts, describes or relates to the "specified sexual activities" or "specified anatomical areas," as defined in this chapter.

School K—12. Shall mean public, private or parochial schools, including charter schools, for kindergarten through the 12th grade.

Sedimentation. The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a result of erosion.

Semi-nude, state of semi-nudity, or semi-nude condition. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Semi-rural area. Existing residential neighborhoods within the town, where limited agricultural activities are not prohibited by the Davie Town Code at the time of the adoption of this Act.

Sexually oriented business. Includes adult arcades, adult bookstores, adult novelty, adult video, adult cabaret, adult motels, adult motion picture theaters, semi-nude model studios and adult sexual encounter establishments.

Shared parking. Parking used by more than one use or building.

Shopping center. A group of commercial establishments planned, developed or managed as a unit with off-street parking provided on the property.

Shopping center, community. A shopping center having between one hundred thousand (100,000) and three hundred thousand (300,000) square feet of gross floor area.

Shopping center, convenience. A shopping center having less than thirty thousand (30,000) square feet of gross floor area.

Shopping center, neighborhood. A shopping center having between thirty thousand (30,000) and one hundred thousand (100,000) square feet of gross floor area.

Shopping center, regional. A shopping center having in excess of three hundred thousand (300,000) square feet of gross floor area.

Shoreline. The edge of land surrounding a lake. The elevation of the shoreline shall be the highest elevation determined by the observed ordinary highwater mark, or one (1) foot above the maximum discharge elevation of an outlet control structure that controls the water elevation of the lake, or the top of any natural bank surrounding a natural lake that has no outlet control structure.

SIC. Standard Industrial Classification from the 1987 manual printed by the Executive Office of the President, Office of Management and Budget.

Site area, gross. Land occupied or intended to be occupied by a building or use and accessory uses together with all yards, open spaces, easements, setbacks or similar areas, inclusive of dedicated roadways.

Site area, net. Land occupied or intended to be occupied by a building or use and accessory uses together with all yards, open spaces, easements, setbacks or similar areas exclusive of dedicated rights-of-way.

Site plan. A graphic depiction of features on a site such as existing and proposed structures, paved areas, ingress/egress points, and landscaped areas along with certain information as required in article XII.

Soundproof. To make impervious to sound. Incapable of hearing sound.

Specified anatomical areas.

(a)

Means the human genitals in a discernibly turgid state, even if completely and opaquely covered; or

(b)

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

Specified sexual activities. Any of the following:

(a)

Human genitals in a state of sexual stimulation or arousal.

(b)

The fondling of other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(c)

Sex acts, normal or perverted, actual or simulated, including acts of masturbation, sexual intercourse, sodomy, beastiality, necrophilia, sado-masochistic practices, felatio or cunnilingus;

(d)

Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

Spot zoning:

(1)

Spot zoning involves changes in use district boundaries, variances and other amendments to the zoning ordinance and district maps that violate sound principles of zoning and are characterized by the following:

(a)

Individuals seek to have property rezoned for their private use.

(b)

Usually the amount of land involved is small and limited to one (1) or two (2) ownerships.

(c)

The proposed rezoning would give privileges not generally extended to property similarly located in the area.

(d)

Applications usually show little or no evidence of or interest in consideration of the general welfare of the public, the effect on surrounding property (including adequate buffers), whether all uses permitted in the classification sought are appropriate in the location proposed, or conformity to the Davie Land Use Plan or to comprehensive planning principles (including alterations to the population density patterns and increase of land on utilities, schools and traffic).

(2)

Conversely, to avoid spot zoning, no proposed zoning should be approved unless:

(a)

The proposal will place all property similarly situated in the area in the same category or in appropriate complementary categories.

(b)

There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.

(c)

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intended to make of the property involved).

(d)

There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.

(e)

The proposed change is in accord with the Davie Land Use Plan and sound planning principles.

Square. An open space surrounded by streets or other vehicular passages.

Store front houses of worship. Any church, synagogue, mosque, or place of worship situated within a shopping center and utilized by a religious organization for holding religious services.

Storefront. The portion of a building at the first story of a retail frontage that is made available for retail use.

Story. A floor level within a building.

Street. A public or private right-of-way that affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway or however otherwise designated, but does not include driveways to buildings.

Street line. The edge of an existing or proposed public right-of-way for street purposes, as shown on the official map, recorded plats and surveys, and/or the comprehensive plan, forming the dividing line between the street right-of-way and a lot.

Structural alteration. Any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

Structure. Any building, fence, pole, tower, deck, gazebo, pier, satellite dish, court or pool, or other construction or erection that requires permanent attachment to the ground, except for paved surfaces such as streets, walks, trails or driveways.

Student rental housing means a project which is specifically designed for, and exclusively marketed to, students of a college and/or university and shall not be available for rent to the general public. Without limiting the foregoing, a student rental housing project shall have amenities, (including limited parking), services, and management, designed to address the needs of college and university students, including the rental of individual rooms that share common facilities.

Subdivision. Any redivision of a subdivision plat, tract, parcel or lot of land into two (2) or more parts by means of mapping, subdividing, platting, conveyance, change or rearrangement of boundaries. All subdivisions are also developments.

Swale. A linear depression in land's surface in which sheet runoff would collect and form a temporary watercourse.

Swimming pool, portable. Portable pools are those pools which are not necessarily permanently installed; do not require water filtration, circulation and purification; do not exceed thirty-six (36) inches in depth; and do not exceed a surface area of one hundred (100) square feet.

Swimming pool, private. Private residential swimming pools shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than thirty-six (36) inches and/or a water surface of one hundred (100) square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests, and which is located on a lot as an accessory use and shall include all buildings, structures, equipment and appurtenances thereto.

Swimming pool, public. A swimming pool and attendant equipment maintained and operated by a governmental unit for the general public, or a swimming pool and attendant equipment maintained and operated by a private concern for profit, open to the public.

Tattoo establishment. A location, place, area, structure, or business where tattooing is performed.

Tattooing. The act of making a mark or design on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in the skin, including micro-blading and micro-pigmentation.

Tent. Any structure or enclosure, the roof of which and/or one-half (frax;1;2;) or more of the sides are of silk, cotton, canvas, fabrics or a light material.

Tower. The middle portion of a building above the pedestal and below the penthouse.

Town of Davie Trafficways Plan. The town plan that identifies primary transportation corridors, establishes minimum right-of-way widths based on projected construction needs, and protects the corridors from adverse impacts of development activities for local street arrangement. The Davie Trafficway Plan includes any one of the expressways, principal arterials, minor arterials or collector streets shown on the Broward County Trafficways Plan.

Trailer. Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters; or the conduct of any business, trade or occupation; or use as a selling or advertising device; or use for storage or conveyance for tools, equipment or machinery; and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This definition shall include automobile trailers, trailer coaches, mobile homes and truck trailers of a type normally licensed by the State of Florida Bureau of Motor Vehicles.

Tree, accent. A tree which attains an average height at maturity of no more than thirty (30) feet. Normally used to compliment an architectural detail or canopy trees wither by the form, height, or color. These trees may generally be planted in small landscaped areas.

Tree, canopy. A tree that would occupy the upper canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees.

Tree, understory. A tree that would occupy the understory of a forest in a natural ecological situation. These types of trees are often referred to as ornamental trees.

Truck berth. An area provided adjacent to a loading dock for parking of trucks while loading or unloading.

Truck stop. An establishment where the principal use is primarily the refueling and servicing of trucks, commercial vehicles and automotive services. Such establishments may have restaurants, other retail and sleeping accommodations for the general public and drivers of these over-the-road commercial vehicles and may provide facilities for the repair and maintenance of such vehicles.

Upland. Land whose elevation is above the ordinary high-water mark that is not classified as a wetland.

Uplighting. Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.

Use. The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory. An accessory use is one that is:

(1)

Subordinate to and serves a principal structure or a principal use;

(2)

Is subordinate in area, extent and purpose to the principal structure or use served;

(3)

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this chapter; and

(4)

Is customarily incidental to the principal structure or use.

Use, nonresidential. A use permitted in a specific nonresidential zoning district, which is not residential in character, such as recreation or governmental buildings; cemeteries; crematories; mausoleum; libraries; art galleries; museums; educational, recreational or social center; churches; nursery schools; child care centers; public, private or parochial schools; hospitals; sanitariums; convalescent homes; orphanages; institutions for the aged, indigent or infirm; community garages; private clubs; lodges; fraternity, sorority, educational, philanthropic or eleemosynary institutions; medical or dental offices or clinics; colleges or universities.

Use, principal or main. The primary use of the plot as distinguished from secondary or accessory uses. There may be more than one principal or main use on the plot.

Use, prohibited. A use that is expressly prohibited from a district, either as principal or accessory use.

Use, residential. A use for living or sleeping of persons, not institutional in character, such as a one-family, two-family or multiple dwelling, roominghouse, hotel, motel, tourist home, lodginghouse, boardinghouse, villas or bungalow court.

Use, temporary. A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Vehicle repair. See the definition of "Automobile Repair."

Vehicle sales and rental. An establishment that is engaged in the retail or wholesale or rental, from the premises, of motorized vehicles or equipment or mobile homes, along with incidental service or maintenance. Typical uses include new and used automobile sales, automobile rental, boat sales, boat rental, mobile home, manufactured housing and recreational vehicles sales, horse trailers and moving trailer rental.

Wall. An upright surface of a building or structure (not including fences) serving to enclose, divide, support or protect the building. Such upright surface shall be the furthest extension of the building's edges and include overhangs covering a boardwalk, false roofs and unenclosed porches.

Warehouse. A building or part of a building utilized for the storage and distribution of goods, materials, merchandise, substances or articles.

Waterbodies. Oceans, lakes, ponds and streams, rivers and canals.

Wetland. An area that is inundated by water with sufficient frequency to support, and normally does support, an assemblage of organisms that is adapted to saturated or seasonally saturated soil conditions for growth and reproduction, including, but not necessarily limited to, swamps, marshes, bogs, sloughs, potholes, wet meadows, river floodplains, mud flats and wet prairies.

Commentary: The definition of a wetland is from the environmental quality control board and the definition is listed in Rule 27-11 (Chapter 27-11.029), Code of Regulations of EQCB. The reason for utilizing this definition is that EQCB has countywide jurisdiction. EQCB also has jurisdiction over isolated wetlands (as does the South Florida Water Management District and Army Corps of Engineers) and regulates wetlands of all sizes and types.

Wholesale. An establishment for the sale of goods or services in relatively large quantities and usually at lower prices than at retail, especially such selling to retailers for resale to consumers. Wholesale clubs are not included in this definition.

Wholesale club. A business that sells goods or items in bulk or large quantity at costs below market price to members of the public and/or businesses, and may require a membership in the wholesale club.

Xeriscape. The use of water conserving, drought tolerant landscaping.

Yacht. A recreational watercraft up to one hundred eighty (180) feet in length, usually motor driven and used for pleasure cruising.

Yard. An open space on the same plot with a structure or use, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted herein. A "yard" extends along a lot line and to a depth or width specified as the setback for the zoning district in which such plot is located.

Yard, corner side. A side yard that adjoins a public street.

Yard, front. A yard extending the full width of the front of a lot between the front lot line and the front building line.

Yard, interior side. A side yard that is located immediately adjacent to another plot.

Yard, rear. A yard extending the full width of the lot in the area between the rear lot line and the rear building line.

Yard, required. The minimum yard required by this chapter. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Yard, side. A yard extending the full length of the lot in the area between a side lot line and a side building line.

Yard, street. A yard extending the full width of the lot in the area between a lot line abutting a street right-of-way and a building line.

Zoning certificate. A document issued by the enforcing official authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

Zoning map. The map and/or detailed maps showing the location and boundaries of the zoning districts established by this chapter. These maps are entitled, "Official Zoning Maps, Town of Davie, Florida."

Zoning permit. See the definition for "Zoning Certificate."

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 90-59, §§ 1, 2, 10-17-90; Ord. No. 90-65, §§ 2, 3, 12-5-90; Ord. No. 91-3, § 1, 1-2-91; Ord. No. 91-33, 9-4-91; Ord. No. 94-45, § 2, 12-21-94; Ord. No. 96-36, § 2, 8-21-96; Ord. No. 92-42, § 2—4, 12-1-99; Ord. No. 2000-7, § 1, 2-2-2000; Ord. No. 2000-15, § 6, 5-17-00; Ord. No. 2000-29, § 8, 7-19-00; Ord. No. 2001-033, § 1, 7-3-01; Ord. No. 2001-47, § 1, 11-7-01; Ord. No. 2003-10, § 3, 5-7-03; Ord. No. 2003-037, § 1, 9-17-03; Ord. No. 2003-038, § 3, 9-17-03; Ord. No. 2003-046, 11-19-03; Ord. No. 2004-001, § 5, 1-7-04; Ord. No. 2004-024, §§ 1, 2, 8-4-04; Ord. No. 2004-031, § 2, 10-6-04; Ord. No. 2006-001, § 4, 1-4-06; Ord. No. 2006-013, § 1, 5-3-06; Ord. No. 2007-013, § 10, 6-20-07; Ord. No. 2007-28, § 2, 9-19-07; Ord. No. 2009-6, § 6, 2-4-09; Ord. No. 2010-32, § 2, 11-17-10; Ord. No. 2011-26, § 2(Exh. A), 8-17-11; Ord. No. 2012-1, § 2(Exh. A), 1-18-12; Ord. No. 2012-15, § 2(Exh. A), 8-1-12; Ord. No. 2012-28, § 2(Exh. A), 12-5-12; Ord. No. 2013-10, § 2(Exh. A), 4-17-13; Ord. No. 2014-2, § 2(Exh. A), 1-15-14; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. 2015-017, § 2(Exh. A), 6-10-15; Ord. No. 2016-014, § 2(Exh. A), 7-27-16; Ord. No. 2017-015, § 2(Exh. A), 4-19-17; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2018-014, § 2(Exh. A), 4-4-18; Ord. No. O2018-015, § 2(Exh. A), 4-4-18; Ord. No. O2019-004, § 2(Exh. A), 1-23-19; Ord. No. O2019-012, § 2(Exh. A), 6-5-19; Ord. No. O2019-028, § 2(Exh. A), 11-6-19; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-030, § 2(Exh. A), 11-3-21; Ord. No. O2023-011, § 2(Exh. D), 7-26-23; Ord. No. O2023-016, § 2(Exh. A), 9-20-23; Ord. No. O2024-018, § 2(Exh. A), 6-5-24)