The following rules for the construction of language shall apply to the text of this Code:

The particular shall control the general. In case of any difference of meaning or implication between the text of this Code and any caption, illustration, summary table, or illustrative table, the text shall control.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for." The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either … or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all connected items, conditions, provision, or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

"Either … or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

(4)

All references to single-family, two-family, or multifamily homes, buildings, units or facilities shall refer to the number of units in any structure and shall at all times include the requirement that all units be occupied by no more than one family as defined in this Code.

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like, kind of character.

(Ord. No. 2011/043, § 2, 9-20-11)

Any word not defined in this article shall carry its normal meaning as defined in the most recent edition of Webster's New Collegiate Dictionary.

For the purpose of enforcing and administering this Code, the following words shall have the definition and meanings (and regulations related thereto) as herein set forth.

"A" district means a type of zoning district intended for agriculture and related uses, mineral extraction, or conservation.

Abandon means to discontinue a use for more than 90 consecutive days.

Accessory building or accessory structure means a subordinate building or structure which is devoted to or abutting the property devoted to the principal use.

Accessory uses. See customarily incidental.

The city commission may prescribe special regulations on accessory uses and buildings and structures which are different from the regulations contained herein, if in its judgment different regulations are warranted by the unique circumstances of the use or area.

Adjacent means within 300 feet of the property line of the property which is the subject of the application.

Adult day care means any facility, building, premises or portion thereof which provides for the care of persons over 55 years of age, not related to the operator of the facility, for payment or by grants from a governmental or non-profit entity.

Alcoholic beverage means any beverage containing more than one percent of alcohol by weight.

Alcoholic beverage establishment means any bar, lounge, saloon, bottle club, nightclub, private club, package store or any place or premises, other than a private residence or a restaurant as defined in section 98-3 of this Code, where alcoholic beverages are sold or dispensed for consumption by customers, patrons or members on or off of the premises, and not in conjunction with a meal. Establishments which provide only snack foods or prepackaged foods incidental to consumption of alcoholic beverages on the premises shall be considered alcoholic beverage establishments.

Alley means a public right-of-way of less than minimum required street width which affords only a secondary means of access to abutting property.

Alteration means any change, rearrangement, enlargement, extension, or reduction of any structure or part thereof.

Amusement establishment/game center means any business establishment, the primary business of which is to offer coin-operated or computer operated amusement devices or online sweepstakes to the public. A "primary use" shall be defined as the use of 15 or more amusement devices at one location. A "secondary use" is the use of less than 15 amusement devices at one location which does not constitute an amusement establishment (see Chapter 18 Article IV of the Deerfield Beach Code of Ordinances).

Anatomical areas, specified. The following are defined as "specified anatomical areas":

(1)

Less than completely and opaquely covered.

a.

Human genitals, pubic region;

b.

Buttock;

c.

Female breast below a point immediately above the top of the areola; and/or

(2)

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

Animal hospital means any building or portion thereof designed or used for the veterinary care, surgical procedures, or treatment of animals, but not boarding of well animals.

Architect means a person licensed by the State of Florida to practice architecture.

Assigned vending machine means an unattended machine which is operated by mechanical or electronic means, activated by coins, paper money, credit or personal identification cards, and which dispenses a product or money, or provides a service.

Assisted living facility (ALF) means any building or buildings, section or distinct part of a building, whether operated for profit or not, which is licensed by the State of Florida Agency for Health Care Administration, and undertakes through its ownership or management to provide housing, meals, and nursing, medical, rehabilitative or mental health support services for a period exceeding 24 hours to more than 15 persons who are not relatives of the owner or administrator; provided that a halfway house shall not be considered an ALF.

Auto rental agency means a use of any building or portion thereof devoted to renting or leasing automobiles, excluding a car dealership.

Automobile accessories retail establishment means a building or structure used for the retail sales of automotive accessories and parts, including but not limited to oil filters, transmission parts, headlights and detailing and cleaning materials.

Automobile repair garage means a building or structure wherein the major repair of vehicles and the repair and sale of vehicle-related accessories is conducted or provided. An "Automobile Repair Garage", however, shall not dispense, sell, or offer for sale at retail automotive fuels.

Automobile salvage yards or lots means a lot used for the dismantling or wrecking of used vehicles and the storage and sale of used automotive parts. (See also "junk yard")

Automobile tourist park means a plot of land planned and subdivided particularly for the use and accommodation of automobile tourists, where spaces are provided for three or more recreation vehicles used as living or sleeping quarters, and said parking spaces being maintained for rent or without rent by any person, firm or corporation.

Automotive services means a building or structure used primarily for the installation of automotive accessories such as but not limited to radio-electronic installation, window tinting, seat cover installation, convertible tops, upholstery, trim shops and like activities and automotive services such as but not limited to detailing, washing, waxing, tire repair and services and oil changes.

Awning means an accessory structure, either temporary or permanent, which is supported by an open framework and is covered by cloth or metal material. Awnings are intended to cover small openings such as windows and doors and are utilized more as architectural features than providing coverage for multiple people.

"B" district means a type of zoning district intended for the conduct of business such as the sale of goods and services, and including certain associated and compatible activities as specifically provided for in this code. The "B Districts" are stratified to distinguish use and development characteristics as delineated within the city's adopted comprehensive plan and consistent with Broward County's Land Use Plan.

Bar, lounge or saloon means any place devoted primarily to the retailing and consumption on the premises of malt, vinous or other alcoholic beverages not in conjunction with meals or with food prepared on the premises.

Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, which is usually the effective limit of storm waves' reach.

Biomedical waste as defined in F.S. § 403.703 means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste that contains human-disease-causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the State Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 497.

Boarding kennel means any place or premises where dogs or cats are boarded for commercial gain.

Boat yard/boat basin means a harbor providing for dockage, covered or uncovered wet storage or dry storage, sales of marine supplies and fuels for marine pleasure craft, and having facilities for construction and repair of marine pleasure craft.

Bottle club means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.

Brewpub means a restaurant with facilities for the brewing of beer, ale, or other malt beverages, or wine for on-site consumption, retail sale, and distribution at the restaurant as pursuant to F.S. § 563.

Building means anything constructed or erected above the previous grade, the use of which demands a permanent location on the land and which has a roof supported by columns or walls for the purpose of covering or enclosing, partially or totally, space.

Building height means the vertical distance from the finish grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for mansard roofs, and to the mean heights level between eaves and ridges for gable, hip and gambrel roofs.

Building line means an imaginary line around the front, rear, and sides of a building site which denotes the required setbacks of the lot.

Building setback means the required minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining building setback, provided that where separate lots are under common ownership or development and contains separate zoning districts, setbacks shall be measured from the end of the zoning district in which the use is permitted.

Building site means that part of a parcel of land designed to be occupied by the principal building and such accessory buildings or uses customarily incidental to it.

"CF" district means a type of zoning district intended for a variety of community facility uses, such as schools, major recreational complexes, and a variety of other public and private institutions and facilities as specifically delineated within this Code. The "CF District" is applied within the city to reflect major facilities and complexes as delineated within the city's adopted comprehensive plan and consistent with Broward County's Land Use Plan.

Cabana club means a private recreational building, and open grounds area, providing facilities for swimming, shuffleboard, badminton, tennis, card rooms, billiard rooms, barbecue pits, and similar activities, together with dressing rooms and kitchen facilities.

Cafeteria. (See "restaurant")

Caliper shall mean the diameter of a tree trunk measured at four and one-half feet above grade.

Canal means a manmade trench, the bottom of which is normally covered by water with the upper edges of its sides normally above water.

Canopy means a roof-like projection without vertical supports generally placed above primary building entrances or important public open spaces to provide façade hierarchy and pedestrian orientation. Canopies are distinctive from awnings in that they are larger in scale and limited in number.

Certificate of use means a document issued by the director of the department of planning and development services or his or her designee confirming that the proposed uses(s) are consistent with the terms of the adopted Comprehensive Plan, Future Land Use Designation, Zoning and Land Development Regulations and any other applicable codes and state laws.

Certified survey means a map of survey prepared in accordance with Chapter 61G17, Florida Administrative Code and certified and sealed by the registered surveyor under whose supervision said survey was prepared.

Check cashing store means a business providing financial or other related services which include check cashing, which is neither a bank nor a savings and loan institution. Businesses devoted solely to stock brokerage or mortgage operations shall not be considered a check cashing store.

Child care center means any facility, building, premises or portion thereof which provides for the care or education of five or more children unrelated to the operator which receives a payment, fee, or grant for any of the children receiving care and whether or not operated for profit. The term "child care center" shall include day nurseries, day care services, day care center, nursery school, or preschool kindergarten but not public or private schools, as licensed and accredited, or foster homes.

Church means and shall include all uses as defined under the term "house of worship."

City means the City of Deerfield Beach located within Broward County, Florida.

Civic/cultural center means a building which provides services to the public, such as museums, art galleries, libraries, offices and assembly halls by a public or private nonprofit facility devoted to cultural activities.

Clinic, medical means a facility which does not provide for overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical social workers, psychologists, psychiatrists or any other such profession which may lawfully be practiced in the State of Florida. Pain management clinics shall specifically by excluded from this definition.

Club, private means a building or facility owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose. A "private club" shall also satisfy the following criteria:

(1)

It shall not be open to the general public at large; and

(2)

Membership fees shall not be in the nature of a one time "cover charge" in order to gain entrance into the physical club facility; and

(3)

It shall have adopted standards for admission to membership which shall include the name, address and telephone number of the prospective member; and

(4)

It shall hold itself out in advertisements or promotional material as a private club not open to the general public.

Club, public means a building or facility owned or operated by a corporation, association, person or persons primarily for a commercial purpose. A "public club" may or may not be open to the general public at large; however, 25 percent or more of its floor area is devoted to an activity or service which is customarily carried on as a business.

Commercial kitchen means a facility which prepares food in bulk to be delivered and served at a place outside the facility.

Common lot line means a line dividing one lot or parcel from another.

Community residential home I means a residential facility licensed to serve residents, as defined in this section, who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services or a residential facility licensed by the agency for health care administration which provides a living environment for six or less unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. A community residential home I shall be deemed a single-family unit and a noncommercial, residential use. A halfway house shall not be considered a community residential home I.

Community residential home II means a residential facility licensed to serve residents, as defined in this section, who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile Justice, or the department of children and family services or a residential facility licensed by the agency for health care administration which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. A halfway house shall not be considered a community residential home II.

Compatibility means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. The compatibility of land uses is dependent on numerous development characteristics which may impact adjacent or surrounding uses. These include: type of use, density, intensity, height, general appearance and aesthetics, odors, noise, smoke, vibration, traffic generation, nuisances, and conditions which could pose a significant risk to the security or safety of others, especially those using public or private schools, day care centers, parks, playgrounds or places where those under 18 years of age are likely to gather. Compatibility shall be measured based on the following compatibility characteristics of the proposed development in relationship to surrounding development on lots located within 500 feet of the lot upon which the proposed use is to occur:

a.

Permitted uses, structures and activities allowed within the zoning category;

b.

Building location, dimensions, height, and floor area ratio;

c.

Location and extent of parking, access drives and service areas;

d.

Traffic generation, hours of operation, noise levels and outdoor lighting;

e.

Alteration of light and air;

f.

Setbacks and buffers—Fences, walls landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use;

g.

Conditions, uses, or activities, which pose a significant risk to the safety or security to those under 18 years of age using schools, churches, parks, playgrounds or other facilities which cater to those under 18 years of age on lots within 500 feet of the lot upon which the proposed use will occur;

h.

Outside activities associated with the proposed use which could interfere with the peace and/or tranquility of residences or pose a significant risk to the safety or security of children in public or private schools, day care facilities, churches, parks, playgrounds and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather located on lots within 500 feet of the lot upon which the proposed use will occur; and

i.

Conditions, uses, or activities, which could pose a significant risk to the safety or security of single-family residences located on lots within 500 feet of the lot upon which the use will occur.

Comprehensive plan means the comprehensive plan as defined by Chapter 163, F.S. (Local Government Comprehensive Planning Act of 1985 as amended), as adopted by the City of Deerfield Beach and which may consist of several maps, data, and other descriptive matter for the physical development of the city or any portion thereof, including any amendments, extensions, or additions thereto, indicating the general location for major streets, parks, public utilities, land use, or other similar information.

Conditional use means a use which is not permitted as a right in a district but which may be permitted upon special approval by the board of adjustment or, where said request is part of a site plan application by the city commission.

Country club means a building and associated facilities for a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

County means Broward County, Florida.

Coverage. (See "lot coverage")

Craft/artisan production means a commercial facility for the production, assembling, and distribution of craft/artisan products. This category includes but is not limited to ceramic art, glass art, candle making, custom jewelry manufacturing, bakeries, confectionaries, coffee roasting establishments, microbrewery, micro-distillery, and wine production.

Customarily incidental means a minor activity or use which is commonly observed to take place with a principal activity or use. Minor activities or uses shall be those which: are subordinate to principal uses and not the primary use of a structure, shall be compatible with the primary use, and shall not provide the main source of income for commercial or industrial uses. Said minor activity or use shall be limited to ten percent or less of the gross floor area of a commercial use, or 20 percent or less of the gross floor area of an industrial use.

Customer service area (CSA) means the gross floor area used for ordering, customer queuing, seating or standing (indoor and/or outdoor) in an establishment for food or beverage service or consumption, or both. CSA does not include the floor area used for food/drink preparation, storage, bathrooms, hallways and customer waiting areas.

Day nursery. (See "child care center")

Density means the number of residential dwelling units permitted on a particular lot, when the applicable zoning district minimum lot size for one dwelling unit is divided into the gross acreage of said lot. Density is always expressed in terms of dwelling units per gross acre (d.u./g.ac.).

Developable lot means a parcel of land designated in a recorded plat which meets all minimum lot size and other requirements of the applicable zoning and subdivision regulations.

Development order means an order granting, denying, or granting with conditions, a development permit.

Development permit means any building permit, zoning permit, subdivision or plat approval, site plan approval, rezoning, special exception, variance, approval of a change to a plat notation, or other official action of a unit of local government having the effect of permitting the development of land, (as the term development is defined in F.S. § 380.04).

Director means the director of planning and growth management of the City of Deerfield Beach and/or those to whom he has charged the enforcement or interpretation of this Development Code or selected provisions thereof.

District means any certain described area to which these regulations apply and within which the zoning regulations are uniform.

Dock means a fixed structure, including but not limited to, access walkways, terminal platforms, mooring pilings, lifts, davits and other water-dependent structures, for the specific purpose of mooring and accessing vessels, except that this definition shall not be interpreted to include any floating vessel platform as defined in City Code section 98-87.

Dolphin means a single pile or cluster of closely driven piles used as a fender for a dock or as a mooring or guide for watercraft, but not used as a channel marker or as a dock piling.

Drip line means a vertical line extending from the outermost branching of a tree down to the ground.

Driveway, residential. A private vehicular access way, meeting City design standards and located between the edge of pavement through the adjacent property.

Dry cleaning means the process of cleaning wearing apparel, textiles, fabrics, rugs or other articles by the use of non-aqueous liquid solvents. The terms "dry cleaning" shall mean either dry cleaning or dry dyeing operations.

Dry cleaning establishment means an establishment where articles of clothing or material are dropped off by the customer, sorted and picked up but no laundering or cleaning is conducted on the premises.

Dry cleaning plant means any place, building, structure, room or portion thereof in which dry cleaning is conducted.

Dwelling unit (d.u.) means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents, hotels, motels, boarding houses, or boats.

Dwelling - single-family means a building designed for and/or containing only one dwelling unit.

Dwelling - two-family (duplex) means a building designed for and containing two dwelling units.

Dwelling - multiple-family (apartment building or condominium) means a building designed for and containing three or more dwelling units.

Earthen material means dirt, sand, gravel, clay or crushed stone; any vegetative material which, due to human or natural processing, possesses the same inert qualities of earthen matter, such as bark or leaf mulch or mold, shredded wood or peat moss; broken, removed or extracted cemented matter, such as asphalt concrete, any manufactured roadway or construction materials, such as cement, stabilized sand, stabilized road base material or fly ash; or other matter having characteristics similar to any one or more of the foregoing.

Easement means a grant by property owner of the use of his land to another party for a specified purpose.

Energy recovery structure means a freestanding structure for the purpose of capturing and/or converting energy to include windmills and solar collectors.

Engineer means a person professionally licensed by the State of Florida to practice engineering.

Essential services means public and publicly regulated private utility facilities, above and below ground, which are related to the collection or distribution systems for potable water, sewage, storm drainage, solid waste, telephone, electricity, gas, and cable television, but not including buildings housing employees or administrative or recreation facilities.

Executive office suite means a general office suite which permits the leasing of singular office spaces to individuals and small groups but retains shared common areas for break rooms, conference areas and lobbies. These spaces are intended for administrative related activities and limited in-person customer interaction.

Exotic plant means material propagated and grown in Florida which originated outside the state.

Family means one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, or a group of persons not more than three in number who are not so interrelated occupying the whole or part of dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic employees. Any person under the age of 18 whose legal custody has been awarded to the state department of health and rehabilitative services or to rehabilitative services or to a child placing agency licensed by the department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed under foster care with a family shall be deemed to be related to a member of the family for purposes of this chapter.

Family foster home means a residential unit licensed by the State of Florida, Department of Children and Family Services to provide a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of foster residents.

Feepayer means a person applying for the issuance of a building permit.

Financial institution means an establishment designed and used to provide banking, monetary and related services to individuals and businesses including, but not limited to, commercial banks, savings and loans, loan companies, and mortgage brokers.

Floodplain means an area likely to flood or become inundated with point and/or nonpoint source water based upon a calculable frequency of rainfall occurring for a specified duration.

Floodplain, tidal means an area likely to flood or become inundated from water due to tidal action which has an elevation equal to or less than the 100 year floodplain level.

Floor area, gross means the floor area within the perimeter of the outside walls of the building with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features. Where the term "area" is used in this Code, it shall be understood to be gross area unless otherwise specified. In theaters, assembly halls, and similar occupancies, balconies, galleries, and stages, and mezzanine floors which are not enclosed, shall be considered as adding to the floor area.

Accessory parking on the same site as the principal use to which it is accessory and located within the confines of the downward vertical projection of any floor area above shall not be included for the purposes of calculating "gross floor area."

Floor area ratio means a mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located: Gross Floor Area / Lot Area  = Floor Area Ratio.

Floor area, minimum (living) means that portion of the total area of the dwelling which is suitable for year-round use for living purposes, including fully-enclosed porches, breezeways, and 50 percent of the area of roofed-over but unenclosed porches, carports, and fully-enclosed garages, provided that this allowance shall not exceed 200 square feet.

Florida-friendly. Principles established by The Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design published by the University of Florida IFAS Extension and the Florida Department of Environmental Protection, which provides for quality landscapes that conserve water, protect the environment, are appropriate for local conditions and are drought, wind and salt tolerant.

Frontage means the boundary line of a lot bordering on a public road right-of-way.

Funeral home means a facility licensed as a funeral home by the State of Florida.

Garage, private parking means an accessory building designed or used for the parking of vehicles owned and used by the occupants of the principal building to which it is accessory.

Garage, public parking means a principal building designed or used for the parking of vehicles.

Garage, repair. (See "automobile repair garage")

Gas station means a building structure or lot used for the dispensing, sale, or offering for sale at retail of automotive fuels and oils. A gas station may also dispense, sell, or offer for sale convenience goods; however, it shall not have any garage bays or provide any automotive repair services or facilities. A gas station may also have an accessory restaurant.

Governing body means the city commission, of the City of Deerfield Beach as legally constituted.

Grade (finish) means the finished elevation of a site after all fill, land balancing, or site preparations have been completed. In all cases, this elevation shall not be less than 18 inches nor more than 24 inches above the crown of the road fronting the property.

Green infrastructure is the practice of using a variety of engineered techniques which are designed to temporarily delay and even possibly reduce the volume of storm water entering a local sewer system.

Grey wood means that area of trunk on any tree extending from the top of the ball to the juncture of the first limb in canopy and flowering trees or to the base of the fronds in a palm tree.

Gross acreage means the number of acres within a parcel of land including the building site and one-half of the area of all abutting public streets and alleys.

Gross density means the number of dwelling units constructed or proposed to be constructed on a building site, divided by the gross acreage of the parcel of land.

Ground cover means a planting of low growing plants that covers the ground in place of turf which naturally grows to a height of one foot or less.

Group counseling/treatment means the treatment or counseling of more than two persons not related through blood, marriage, domestic partnership or legal adoption.

Guying shall mean the method of anchoring a newly planted tree; either by wire or props.

Halfway house means a facility where persons who have served time in incarceration (which shall include state supervised parole, probation, or time in any other facility where a resident's ability to come and go as they please is restricted by the state) are placed immediately after release from incarceration or where some or all of the residents are referred to the facility by the judicial system. This shall not apply to facilities which accept only persons who are disabled, as defined in 42 U.S.C. 3602(8), where such disabled persons do not receive treatment for their disability at the facility.

Hatracking shall mean flat cutting the top or sides of a tree to sever the leader or leaders, or to prune a tree by stubbing of mature wood, except when the removal of branches is necessary for the protection of public safety purposes.

Hazardous substances means any substances or materials, which by reason of their toxic, caustic or corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or using, or otherwise coming into contact with such material or substance.

Health and fitness clubs means a building or facility owned or operated by a corporation, association, person or persons, operated as a business, and which provides accommodations and/or equipment to its membership for purposes of weight reduction, fitness and health enhancement, and similar improvements.

Hedge means a close planting of shrubs which forms a compact, dense, visually opaque living barrier when mature.

Historical tree means a particular tree or group of trees which has historical value because of its unique relationship to the history of the region, state, or world, as designated by the city commission at a public hearing.

Home occupation means the occupation of an individual and/or members of the immediate family conducted entirely in the dwelling when such dwelling is the principal use of the property and all the conditions of this Code for home occupations can be affirmatively evidenced and complied with.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.

Hospital, specialty means a facility which provides overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical social workers, psychologists, psychiatrists or any other such profession which may lawfully be practiced in the State of Florida.

Hotel or motel means a building or buildings under common ownership, interest and single management, as licensed by the state, containing individual guest rooms for which daily or weekly lodging is provided to the more or less transient residences or individuals or families.

Hotel or motel efficiency means a unit within a hotel or motel, as defined, with individual sleeping and cooking facilities.

House of worship means a building or portion thereof used as a place wherein persons regularly assemble for the sole purpose of religious worship, including but not limited to sanctuaries, temples, mosques, chapels and cathedrals, and where permitted, such other onsite buildings supporting the principal use such as parsonages, friaries, convents, fellowship halls, non-academic religious schools such as Sunday schools, but not including day care centers, community recreation facilities and private primary and or secondary educational facilities.

"I" District means a type of zoning district intended for commercial and industrial uses, such as offices, research activities, manufacturing, warehousing, transportation facilities, utility plants, and other uses of a similar nature, together with certain associated and compatible activities as specifically provided for in this Code. The "I Districts" are stratified to distinguish use and development characteristics as delineated within the city's adopted comprehensive plan and consistent with Broward County's Land Use Plan.

I-2 general commercial and retail means all those uses that were permitted in the B-1, B-2, B-3 and C-1 zoning districts in the Broward County Zoning Code in 1990 and which were allowed in the 1990 M-3 and M-4 zoning districts, and which are not prohibited by Chapter 90-486, Laws of Florida. The I-2 general commercial and retail uses are listed in section 98-56B(k) of this Code.

Impact fee means a monetary exaction, adopted by the city pursuant to this division at a specified rate and imposed pursuant to this division, as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements, and as further defined herein.

Indoor recreational facility means a facility or building or part thereof devoted to indoor recreational activities of athletic and/or entertainment purposes, excluding bingo. Such activities may include, but are not limited to, bowling alleys, skating rinks, indoor tennis, trampolines, rock climbing or game rooms providing for such activities as table tennis, air hockey, foosball, darts and pool tables (subject to the limitations of pool hall). An amusement establishment/game center shall not be considered an indoor recreational facility.

Industrial sales means the sale of machinery, equipment, parts, and supplies for use in industrial operations.

Intensity of care means level of personal and/or therapeutic care based on the following criteria for special residential facilities:

(1)

Low Intensity (Level A):

a.

Direct 24-hour supervision not required at all times.

b.

Staff ratio of not more than one on-duty supervisor to eight assigned residents.

c.

Facility emphasis on personal care, shelter, sustenance and other support services.

(2)

High Intensity (Level B):

a.

Direct 24-hour supervision required at all times.

b.

Staff ratio of more than one on-duty supervisor to eight assigned residents.

c.

Facility emphasis on treatment, care, rehabilitation and/or education.

Juke box means any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.

Junk means inoperative, dilapidated, abandoned or wrecked materials, including but not limited to, automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts thereof, scrap materials, scrap building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, white goods, bottles, glass, old iron, machinery, rank vegetation, and the like.

Junkyard means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking, and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. (See "automobile salvage yard").

Kennel means an establishment where domestic animals are bred, boarded, or sold.

Landscape architect means a person licensed by the State of Florida to practice landscape architecture.

Landscape area or green space means permeable area or areas, as required by this article, including beautification strips, consisting of those materials such as, but not limited to hedges, trees, planted ground cover, sodded and grassed areas and planted floral installations, all of which must be composed of natural plantings only, as distinguished from artificial manufactured planting reproductions. The use of the words "landscape area" or "green space" individually shall have the same meaning as defined here.

Laundromat means a facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

Lawn means an area of maintained code acceptable turf.

Liquefied petroleum gas bulk storage means a single container with a capacity of 2,000 gallons or more or multiple containers with an aggregate capacity of 4,000 gallons or more.

Littoral zone or littoral shelf means the down-sloping shelf of a marine environment or freshwater pond or lake. This is the area that stretches from the high-water mark of the shore and into the area where sunlight penetrates through to the sediments at the bottom of a waterbody.

Live-work unit means a structure with a combination of uses where work activities associated with the operations of a business or trade occur as permitted in the zoning district, and includes within the structure, a dwelling unit for the occupant. Such units shall have only one kitchen, at least one bathroom and shall be occupied by the person operating the business.

Loading space (berth) means a space which provides for the loading or unloading of service vehicles and has a minimum size of 12 feet in width, 30 feet in length and 14 feet in height.

Lot means a parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings or structures, including the open spaces required under this article, and which parcel of land is a matter of record in Broward County or Palm Beach County, Florida.

Lot area means the horizontal plane area within the lot lines expressed in these regulations in square feet or acres exclusive of public or private dedications.

Lot, corner means a lot abutting upon two or more streets at their intersection or at a street corner having an interior angle not greater than 135 degrees.

Lot coverage means the area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory uses and structures including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures.

Lot depth means the depth of a lot, for the purposes of this article, is the distance measured from the midpoint of the street lot line to the midpoint of the opposite main rear line of the lot. In the case of a corner lot, the depth shall be considered to be the longer of the two possibilities.

Lot interior means a lot other than a corner lot.

Lot, through (double frontage) means an interior lot which has street frontages at opposite boundaries of the lot.

Lot line means the line bounding a lot as herein defined as established by ownership except that where a lot line lies within a private street or waterway the edge of the private street right-of-way or waterway shall be considered to be the lot line for the purposes of calculating lot, yard, and bulk requirements.

Lot width means the horizontal distance between the side lot lines measured along the front building setback line of the lot as determined by the prescribed front yard requirements of the zoning district.

Lounge. (See "alcoholic beverage establishment")

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of section 60.3.

Manufactured housing means a dwelling unit or units designed for long-term occupancy which is manufactured at a location different than the site at which it is to be permanently located. Manufactured housing must and shall comply with all of the following:

(1)

Comply with all applicable building codes of the city;

(2)

Be devoid of any wheels or frame as an integral part of the structure after arrival at its permanent site and attachment thereto;

(3)

Be attached, in accordance with all building codes of the city, to a permanent foundation.

Marina means a harbor providing for any of the following:

(1)

Dockage and wet storage of marine pleasure craft;

(2)

Sales of incidental marine supplies and fuels for marine pleasure craft;

(3)

Facilities for minor repairs for marine pleasure craft only and dry storage within a fully enclosed building for marine pleasure craft only;

(4)

Charter fishing and pleasure craft rental facilities;

(5)

Sales of marine pleasure craft with no visible display from the public right-of-way.

Mechanical amusement device means any machine or device other than an automatic merchandise vending machine, automatic or coin-operated service trade machine, or juke box, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, mechanical grab machines, indoor shuffle boards, pinball machines, skill ball, shuffle alleys, video game machines and all games, operations, or transactions similar thereto under whatever name they may indicate.

Medical marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin or oil extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture or preparation of the plant or its seeds or resin, including low-THC cannabis, that are dispensed from a state licensed facility for medical use by a qualified patient.

Medical marijuana dispensary means a retail establishment licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

Mixed-use means a combination of residential and commercial/industrial/civic uses, arranged vertically in multiple stories of a building, or horizontally adjacent to one another.

Mixed use structure means a building containing residential in addition to nonresidential uses permitted in the zoning district.

Mobile home means a manufactured, detached, transportable, single-family dwelling unit designed for long-term occupancy and arriving at a site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems.

Mobile home park means any lot or parcel which is designed for or contains 20 or more rental spaces to be occupied by mobile homes.

Mobile home site means a space, or plot of ground within a mobile home park or subdivision designated for the accommodation of not more than one mobile home.

Mobile home subdivision means a platted residential subdivision designed to be used for dwelling units consisting of mobile homes and accessory structures.

Motel. (See "hotel or motel")

Native plant means material propagated or collected which is indigenous to the State of Florida.

NatureScape. The Broward County landscape program that promotes Florida-friendly landscaping principles and best management practices, the incorporation of at least 50 percent native vegetation, the creation of wildlife habitats and the planting and propagation of native, noninvasive and drought-tolerant plants.

Night club means a restaurant, dining room, bar or other similar establishment providing food and beverage for consumption on the premises wherein floor shows or other forms of live entertainment or recorded music by persons are provided for guests not necessarily during the service of meals.

Nonconforming lot means a single lot, tract or parcel of land in existence at the time of the adoption of this Code, which fails to meet the requirements for area, width and/or depth for any permitted use within the district in which it is located.

Nonconforming structure or use means a structure or land use legally existing at the time of the passage of this Code or amendment thereto, which does not conform to the provisions, requirements, and regulations of the district in which it is located.

Nursery school or kindergarten. (See "child care center")

Nursing home or convalescent home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for a period of 24 hours or more for compensation as licensed by the State of Florida, but not including hospitals, clinics, or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured as licensed by the State of Florida.

Office means a building, room, or space where clerical or administrative activities are performed or wherein specialized professional services such as the offices of a doctor, dentist, lawyer, engineer, architect, chiropractor, osteopath, insurance agent or real estate broker are provided. Pain management clinics shall specifically be excluded from this definition.

Official zoning map means the official zoning map of the City of Deerfield Beach, Florida, which depicts the zoning district classifications of this Code. Said map is herewith adopted by reference and shall not be changed except by order of the governing body as provided for herein.

Open space (permeable) means any portion of a lot or parcel not required, designated or encumbered by either principal or accessory uses, buildings and structures and other site uses, such as landscape area or green space, traffic circulation or parking. Such open area may be landscaped or retained in an improved natural state; however, no improvements or alterations will be permitted which would hinder the area's natural percolation of rainwater or storm water runoff. An improved natural state shall require that all underbrush and debris be removed and the land refined to eliminate dangerous and/or unsightly irregularities and to promote an improved and attractive appearance.

Pain management clinic shall be any facility or business that satisfies the following criteria:

(1)

Any clinic, medical practitioner's office or pharmacy that is not affiliated with a hospital, hospice or other facility for treatment of the terminally ill in Broward County, Florida; and

(2)

The primary business purpose of such clinic, medical practitioner's office or pharmacy is to prescribe or dispense pain medication such as, but not limited to, opiods including fentanyl, hydrocodone, morphine and oxycodone to individuals; or

(3)

The clinic, medical practitioner's office or pharmacy holds itself out through advertising as being in business to prescribe such controlled substances, as defined in number b. of the criteria above, and which may or may not provide dispensing or pharmaceuticals on-site or

(4)

Any clinic, facility, or office that is required to register with the Florida Department of Health pursuant to F.S. § 458.3265 or F.S. § 459.0137, as amended.

Package store means an establishment where the sale of alcoholic beverages in containers for consumption off the premises is the predominant purpose of the establishment.

Parcel means a tract of land which may be described by metes and bounds or plat. (See "lot".)

Park means both active and passive parks and includes the municipal pier, the municipal dry sand beach and the wet sand beach adjacent to the municipal dry sand beach.

Park, active means a park where facilities are provided for active recreational uses, such as ball fields, tennis courts, swimming pools, skateboarding and the like.

Park, passive means a park with no facilities for active recreational use such as athletic fields or sports courts. Activities that take place in a passive park may include but are not limited to hiking, bicycling, nature observation, walking, running, camping, picnicking, ocean swimming and surfing.

Parking facilities, off-street means that portion of a particular lot or parcel of land or building designed and used exclusively for the parking of automobiles or motor vehicles together with necessary adequate space for approach, turning, and exit.

Parking space means an off-street parking area for the parking of automobiles or motor vehicles intended to be parked thereon together with the necessary and adequate space for approach, turning and exit of automobiles and motor vehicles.

Pawnshop means the location at which a pawnbroker (as such is defined in Section 539.001, F.S.) conducts business.

Permitted use means the specific purpose for which land or building is maintained in accordance with the zoning district regulations of this Code.

Personal service means the sale of services (not having as its primary function the sale of retail goods) directly to the consumer, such as a day spa, hair salon, nail salon, skin treatment salon or tanning salon, excluding the following: fortune telling, astrology or similar services, escort services, any activity depicting specified sexual activities and adult entertainment.

Pharmacy means any place, licensed under F.S. Ch. 465, where drugs and medicines are prepared, dispensed or compounded.

Pier means a fixed or floating structure used primarily for fishing or swimming and not designed or used for mooring or accessing vessels.

Pioneer Grove District means the local activity center known as Pioneer Grove adopted by the city commission.

Pioneer Grove Design Standards mean a document created by the city in conjunction with a local activity center rezoning that is adopted by resolution by city commission that describes the architectural and design goals and requirements for the development of the Pioneer Grove Local Activity Center. The Standards include a description and intent of the overall development and provide standards, including but not limited to, vehicular and pedestrian circulation, architecture, landscaping, open space, signage, parking (surface and structured), loading, streets and regulations addressing building placement, scale/massing, height and character, all of which are in support of the LAC.

Planning and zoning board means the advisory body to the City Commission of the City of Deerfield Beach as legally established and referenced in this Code.

Plat means a map depicting the division or subdivision of land into lots, blocks, parcels, tracts or portions thereof, however, the same may be designated.

Plat of record means a plat which conforms to all the requirements of the applicable laws of the State of Florida, Broward County, and the City of Deerfield Beach, and has been filed and recorded of record as required by Broward County.

Pool hall means a facility to which more than ten percent of the customer service area is devoted to playing pool.

Premises means any lot and/or all buildings and structures thereon.

Principal building means a building which is occupied by, devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel.

Principal structure means a structure(s) containing a principal use.

Principal use means the primary or main use of a parcel of land as distinguished from an accessory use. There may be more than one principal or main use on a parcel of land.

Property line. (See "lot line".)

"R" district means a type of zoning district intended for residential use together with certain associated and compatible activities as specifically provided for in this Code. The "R Districts" are stratified to distinguish residential variants, such as density, housing type, and related development characteristics as delineated within the city's adopted comprehensive plan and consistent with Broward County's Land Use Plan.

Radio, television, communication tower, or antenna means a structure used to transmit radio, television, or video signals.

Recreation vehicle means the following types of vehicles listed are deemed recreation vehicles:

(1)

Travel trailer means a vehicular, portable structure built chassis and towed; designed to be used as temporary dwelling or travel, recreation and vacation uses; permanently identified "Travel Trailer" by the manufacturer on the trailer; and, when factory equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

(2)

Motor home means a self powered vehicle designed to be used as a temporary dwelling for travel, recreation and vacation uses.

(3)

Pickup coach means a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.

(4)

Camping trailer means a collapsible temporary dwelling structure covered with a water repellent fabric, or other impervious material, mounted wheels, and designed for travel, recreation and vacation uses.

(5)

Auto camper means a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and designed for travel, recreation and vacation uses.

(6)

All terrain vehicles means dune buggies, swamp buggies and the like shall be considered recreation vehicles for the purposes of this Code, whether or not licensed as such by the State.

Recycling means any process by which solid waste, including class I and class III waste as defined by Section 62-701.200 of the Florida Administrative Code, or materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Recycling does not include junk or scrap metal yards, shredding, or waste transfer facilities, or other transfer facilities except as otherwise specifically provided herein. Untreated biomedical waste shall specifically be excluded from this definition.

Resident of a community residential home I and II means any of the following:

(1)

A frail elder—A functionally impaired elderly person who is 60 years of age or older and who has physical or mental limitations that restrict the person's ability to perform the normal activities of daily living and that impede the person's capacity to live independently.

(2)

A physically disabled or handicapped person—A person who has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment.

(3)

A developmentally disabled person—A person who has a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

(4)

A nondangerous mentally ill person—A person who has an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in F.S. Ch. 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.

(5)

A dependent child—A child who is found by a court of competent jurisdiction:

(a)

To have been abandoned, abused, or neglected by the child's parent or parents or legal custodians;

(b)

To have been surrendered to the department of children and family services, the former department of health and rehabilitative services, or a licensed child-placing agency for purpose of adoption;

(c)

To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department of children and family services, or the former department of health and rehabilitative services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan;

(d)

To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure;

(e)

To have no parent or legal custodians capable of providing supervision and care; or

(f)

To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians.

(6)

A child in need of services—A child for whom there is no pending investigation into an allegation or suspicion of abuse, neglect, or abandonment; no pending referral alleging the child is delinquent; or no current supervision by the department of juvenile justice or the department of children and family services for an adjudication of dependency or delinquency. The child must also, pursuant to this chapter, be found by a court of competent jurisdiction:

(a)

To have persistently run away from the child's parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services, and treatment offered by the department of juvenile justice or the department of children and family services;

(b)

To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation pursuant to F.S. §§ 1003.26 and 1003.27, and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services, and treatment offered by the department of juvenile justice or the department of children and family services; or

(c)

To have persistently disobeyed the reasonable and lawful demands of the child's parents or legal custodians, and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling.

Restaurant means an establishment where food or food and beverages are ordered from a menu, prepared and served, self served at tables, or for take-out for consumption on or off the premises, in a completely enclosed room, under the roof of the main structure, or in an interior or exterior court or area attached to an enclosed building, and which no entertainment is provided other than recorded or live music during the service of meals, but not a drive-in restaurant.

Restaurant, drive-in means any food or beverage dispensing operation at retail to the general public where said public is served while remaining in automobiles or other motor vehicles.

Retaining wall means a vertical or near vertical (often interlocking) structure placed upland of the mean high-water line, ordinary high-water line, or safe upland line for erosion control and where no part of the wall comes into direct contact with surface water.

Right-of-way shall mean public lands set aside for public traverse.

Salvage yard means any lot or tract of land whereon three or more discarded, abandoned, junked, wrecked or worn out automotive vehicles, including but not limited to autos, trucks, tractor-trailers and buses, are kept or stored solely for the purpose of disassembling, dismantling, cutting up, stripping or otherwise wrecking such automotive vehicles to extract there from parts, components or accessories for sale or for use in an automotive repair or rebuilding business. Salvage yard shall not engage in long term storage of vehicles prior to salvage activities on the vehicle.

Satellite dish means a device or instrument designed or used for the reception of television or other electronic communication signal broadcast or relayed from an earth satellite.

School means an institution for providing education for Grades K through 12 or portions thereof, colleges and universities; and licensed by the State of Florida to provide such services. This term is intended to include private and parochial as well as publicly supported schools.

School, arts means a building or structure or part thereof, devoted to teaching or training in the cultural arts, including dance, drama, and art.

School, vocational means a building or structure or part thereof, devoted to providing career training.

Seawall means a vertical or near vertical (often interlocking) structure placed between an upland area and wetlands or a waterway or waterbody for erosion control. For the purpose of measurement of water-dependent structures, it shall mean the exposed surface or wet face of the wall structure, excluding cap and/or batter piles.

Secondhand store means the place or premises at which a secondhand dealer (as such is defined in Section 538.03, F.S.) is registered to conduct business as a secondhand dealer, or conducts business.

Self-service storage facility means a structure containing separate storage spaces, no one of which exceeds 400 square feet in size, leased or rented on an individual basis for the purpose of storing personal property.

Service station. (See "automobile gas station, automobile service station or automobile repair garage")

Setback. (See "building setback".)

Shopping center means five or more commercial establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.

Shoreline means a tidally influenced area where land meets water. Specifically, the interface between land and water, extending seaward of mean high water to include fringing mangroves and adjacent shelf and may also include a transitional zone landward of mean high water line. Shorelines, or portions thereof, may be classified as either altered or unaltered. For the purposes of this section, shorelines include where land meets water in nontidal waterways.

Shredding means a process of reducing the particle size of solid waste through the use of grinding, shredding, milling or rasping machines.

Shrub means a multi-stemmed plant with a spread and height characteristic to the species with a minimum height of two feet when planted.

Sign means any device, structure, or fixture using graphics, symbols, and/or written copy for the primary purpose of identifying or advertising any establishment, product goods or services.

Slip means the space designed for the mooring or storage of a single watercraft, including, but not limited to, the space for a wet or dry slip, anchorage, beached or blocked watercraft, watercraft hoists, seawalls, floating platforms, davits, boat lifts, and the parking spaces associated with boat ramps and similar launching facilities. Piers authorized only for fishing or observation are not considered slips.

Smoke shop means a retail outlet specializing in smoking or vaporization paraphernalia used for the consumption of tobacco, marijuana, legal highs, legal party powders, New Age herbs or for any vaporization use product, as well as counterculture art, magazines, music, clothing and home décor. Products offered include, but are not limited to assorted pipes, pipe screens, bongs (also referred to as water pipes), cigarette clips, vaporizers, rolling papers, rolling machines, scales, incense and custom cigarette lighters.

Special exception. (See "conditional use".)

Specified anatomical areas is defined as:

(1)

Less than completely and opaquely covered:

a.

Human genitals and pubic region; or

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, including the areola; this definition shall include the entire lower portion of the human female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed; and

(2)

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

Specified sexual activities is defined as:

(1)

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

(2)

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

(3)

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

(4)

Excretory functions as part of or in connection with the activities set forth in subsections (1)—(3).

Sports court means an open level area (indoor or outdoor) marked with appropriate lines, upon which a game, such as tennis, handball, or basketball is played.

Sports performance training facility means a facility that provides dedicated physical training to students or athletes, exclusively through the use of professional trainers and individual or group sessions by appointment; a health and fitness club shall not be included within this definition as a sports performance training facility. A sports performance training facility may also provide onsite academic tutoring in conjunction with the physical training.

State means the State of Florida and all its duly appointed agencies.

Statement of zoning compliance means a certification issued by the director setting forth that the permitted construction has been completed in compliance with the provisions of this article and any approved site plan. The statement of zoning compliance does not, directly or by inference, reflect any approval or certification of the permitted construction with respect to the city's adopted building code.

Store, business service means an establishment which provides a service to both businesses and individuals and which sells products related to that service. "Business service stores" include business or office planning, including the sale of office or business furniture and supplies, office machine servicing and sales, quick-service print shops, electronic data processing services and sales, photography stores and equipment servicing, and similar stores dispensing a business service and related retail sales.

Store, convenience means a retail establishment primarily offering for sale prepackaged food products, personal hygiene items, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Store, retail means a retail establishment which sells goods or products directly to the public for compensation which is not otherwise defined herein. Examples of "retail stores" include department stores, discount stores, clothing stores, stationery stores, dry goods stores, grocery stores and other single-purpose specialty stores.

Street means any thoroughfare, street, avenue, boulevard, parkway or space which may or may not be dedicated or deeded to the public for use and which affords the principal means or access to abutting property.

Street furniture means objects made of durable and sustainable materials that act as a benefit for public use by pedestrians to rest or interact with the surrounding area. Examples of street furniture can be benches, tables, chairs, knee walls, interactive features, shade structures and trash containers. Furniture used for outdoor restaurant seating areas, shall not be considered street furniture.

Structure means anything constructed, installed or portable the use of which requires a location on or attachment to a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes but is not limited to buildings, fences, billboards, swimming pools, docks, poles, pipelines, transmission lines, tracks, and advertising signs.

Surveyor means a person licensed by the State of Florida to practice land surveying.

Swale means areas between finished paved portion of the right-of-way and property line.

Tattoo/body piercing studio means an establishment whose principal business activity, either in terms of operation or as held out the public, is the practice of one or more of the following:

(1)

Placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;

(2)

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Thrift shop means a shop wherein the items sold (or given away to the needy) have been obtained through donations or gifts and where the donor receives no value upon the sale (or gift) of such merchandise to a thrift shop customer, where the use is designed to sell donated merchandise at a price below reasonable market value, and where the revenue received from selling the same is retained by a charitable, not-for-profit or religious organization or institution.

Tourist accommodations hotels, motels, and other buildings used as transient public lodging establishments as defined by F.S. § 509.013.

Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property line separating such units. Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls or by a party wall.

Trailer, house. (See "mobile home".)

Trailer, travel. (See "recreation vehicle".)

Transfer station means a facility where the primary purpose of which is to store or hold solid waste, including class I and class III waste as defined by Section 62-701.200 of the Florida Administrative Code, for transport to a processing or disposal facility. Operations at such facilities may include separation of incidental amounts of recyclable materials or unauthorized waste. Untreated biomedical waste shall specifically be excluded from this definition.

Transient occupants means any person, or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered as a vacation rental. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the vacation rental is a transient occupant.

Transient public lodging establishment as defined by F.S. § 509.013 means any unit, group of units, dwelling, building or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

Travel park. (See "automobile tourist park".)

Tree means a self-supporting woody perennial plant having a single or multiple elongated main stem and with a trunk diameter and height characteristic of that particular species.

Tree canopy means that area in a community covered by trees.

Tutoring center means a building or structure or part thereof, devoted to assisting students with tutoring, testing and similar educational preparation or advancement on an individual or group basis.

Unity of title means a document recorded in the Public Records of Broward County, stipulating that a lot, lots, or parcels of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold, or divided, in any unit other than in its entirety.

Urban forester means a city employee designated by the city manager who is trained in arboriculture, forestry, landscape architecture, horticulture or related fields and experienced in the conservation and preservation of native and ornamental trees or is a landscape architect.

Used. The word "used" in the definition of "adult motion picture theater" and "adult entertainment establishment" herein describes a continuing course of conduct of exhibiting "specific sexual activities" or "specified anatomical areas" in a manner which appeals to a prurient interest.

Vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family or four-family house or dwelling unit that is rented to transient occupants more than three (3) times in a calendar year but for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transient occupants, but that is not a timeshare project.

Variance means a relaxation of the requirements of this Code granted by the board of adjustment or the city commission where a variance request is part of a site plan application, as provided for herein of the area or dimensional requirements or other provision of this Code, but not including use regulations, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship.

Vehicular use area means an open area used for the storage of four or more vehicles, including the accessway(s) to such an area. (See "parking lot".)

Vessel means every description of floating craft, whether self-propelled or non-self-propelled, used or capable of being used as a means of transportation on the water.

Vine means plants which normally require support to reach mature form.

Warehouse means a structure designed or used for the storage of goods or merchandise.

Yard means an open space or area on the same lot with a building unoccupied and unobstructed from the ground upward by any structure.

Yard, required front means a yard extending across the full width of the lot or parcel measured from the building line to the front line of the lot or parcel.

Yard, required front (corner) means a yard extending along the full length of the lot or parcel measured from the building line to the property line on the intersecting street.

Yard, required rear means a yard extending across the full width of the lot or parcel measured from the rear building line to the rear line of the lot. For a through lot, the rear yard shall be determined by the director.

Yard, required side means a yard measured from the side building line and the side lot line and extending from the required front yard to the required rear yard or to another required side yard.

Yard, waterfront means a yard on lots abutting a waterfront extending across the full width of the lot or parcel and measured from the property line, mean high water line, ordinary high water line (for nontidal waterfronts), safe upland line, or wet face of the seawall, whichever is closer, and the closest projection of the structure.

(Ord. No. 1997/016, § 1, 6-17-97; Ord. No. 2000/001, § 2, 4-5-00; Ord. No. 2001/013, § 1, 6-14-01; Ord. No. 2002/021, § 1, 6-4-02; Ord. No. 2003/014, § 5, 3-18-03; Ord. No. 2005/005, § 1, 3-1-05; Ord. No. 2005/008, § 1, 3-15-05; Ord. No. 2005/042, § 1A, 12-13-05; Ord. No. 2007/032, § 1, 8-21-07; Ord. No. 2008/013, § 1, 5-20-08; Ord. No. 2010/009, § 1, 4-20-10; Ord. No. 2011/036, § 1, 8-1-11; Ord. No. 2012/009, § 1, 2-7-12; Ord. No. 2012/029, § 2, 7-10-12; Ord. No. 2012/032, § 1, 9-4-12; Ord. No. 2013/002, § 3, 2-12-13; Ord. No. 2013/008, § 2, 3-5-13; Ord. No. 2013/034, § 1, 12-3-13; Ord. No. 2014/017, § 1, 6-17-14; Ord. No. 2014/031, § 1, 10-7-14; Ord. No. 2014/033, § 1, 12-2-14; Ord. No. 2015/029, § 1, 10-6-15; Ord. No. 2016/003, § 1, 2-2-16; Ord. No. 2016/008, § 1, 4-19-16; Ord. No. 2016/024, § 1, 12-6-16; Ord. No. 2017/011, § 1, 6-19-17; Ord. No. 2017-013, § 1, 6-19-17; Ord. No. 2017/014, § 1, 6-19-17; Ord. No. 2018/005, § 2, 1-16-18; Ord. No. 2019/005, § 3, 2-5-19; Ord. No. 2022/003, § 2, 1-4-22)

No permit or approval for development of land, site plan, plat or building permit shall be approved which does not comply with the goals, objectives, and policies of the Deerfield Beach Comprehensive Plan.

(Ord. No. 2000/001, § 3, 4-5-00)

No site plan or plat shall be approved absent a finding by the city commission that the site plan is compatible as that term is defined herein.

(Ord. No. 2000/001, § 4, 4-5-00)