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Greenacres City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 16-1.- Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building or structure includes any part thereof.

Used or occupied include the words "intended," "designed," or "arranged to be used or occupied."

Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either … or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected items, conditions, provisions, 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.

Abutting, see Contiguous.

Access shall mean the principal means of ingress and egress to abutting property from a publicly dedicated right-of-way.

Accessory building, structure or use shall mean a detached building, structure, or use on the same lot with, and of a nature customarily incidental and subordinate to the principal building, structure, or use.

Accessway shall mean a paved area intended to provide ingress and egress of vehicular traffic from a public right-of-way.

Acre shall mean a measure of land area containing forty-three thousand five hundred sixty (43,560) square feet of land or water or combination thereof.

Addition shall mean a structure or a building added to the original structure or building at some time after the completion or issuance of a certificate of occupancy of the original structure or building.

Adjacent shall mean that which lies near or close to and may be separated by streets, ways, easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner, or a governmental agency, or subdivision, or public or private utility.

Adjoining shall mean that which is joined or united, actually touching. (see Contiguous)

Administrative official shall mean any staff member of the city authorized to enforce, interpret, or administrate the regulations of various development regulations, ordinances, or orders.

Adult congregate living facility (ACLF) shall mean an establishment, institution, building or buildings, residence, private home, boardinghouse, home for the elderly, or other place, having some or all of the characteristics of homes for the elderly, or other place, whether operated for profit or not, which through its operation provides one (1) or more personal services for four (4) or more persons not related by blood or marriage to the owner or operator, for a period exceeding twenty-four (24) hours. Personal services are in addition to housing and food service and include but are not limited to: personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources.

Adult entertainment establishment shall mean a commercial enterprise which limits admission to "adult only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theaters, adult lounges, adult restaurants, adult health studios, adult photography studios, adult novelty stores, adult motels or hotels with nude, bottomless or topless entertainment or employees.

Advertising structure shall mean any structure erected or installed for advertising purposes, with or without any advertising display thereon, situated upon or attached to real property, upon which any sign or other advertisement may be attached, affixed, or displayed.

Alley shall mean a right-of-way which affords only a secondary means of access to property, abutting thereon and not intended for general traffic circulation.

All weather surface shall mean a paved area with asphaltic or concrete material.

Alterations shall mean, as applied to a building or structure, a change or rearrangement in the structural parts of the existing facilities, such as the interior walls and partitions, plumbing, electrical, or mechanical fixtures or an enlargement whether by extending on a side, or by increasing the height, or the moving from one (1) location or position to another.

Amortization shall mean a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.

Amplified sound shall mean any sound that is naturally, electronically, mechanically, or otherwise made louder through another device including, but not limited to, a speaker, amplifier, microphone, bullhorn, or drum.

Amusement device/coin- or token-operated shall mean any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement or skill, or for the playing of which, a fee is charged. This definition does not include the following: vending machines which do not incorporate gaming, amusement or skilled features; any coin or token operated mechanical musical devices; and simulated gambling devices.

Anchor store/tenant shall mean the largest retail establishment or major tenant within a shopping center, which draws customers, and thereby generates business for surrounding stores or tenants.

Annexation shall mean the incorporation of land area into the city, with a resulting change in the boundaries of the city.

Apartment shall mean a room or suite of rooms intended or designed for use as a permanent dwelling unit by a single family, including bath and culinary accommodations.

Appeal shall mean a means for obtaining review by the planning and zoning board of appeals, of a decision, determination, order or failure to act pursuant to the terms of this chapter.

Arcade, adult shall mean any establishment, room, place, or business location at which there are available to the public one (1) or more simulated gambling devices. Adult arcades are prohibited within the City of Greenacres, with the exception that adult arcades that are lawfully operating as of November 6, 2023, shall be considered nonconforming uses.

Arcade, game/video shall mean any establishment, room, place, or business location in which there are available to the public more than three (3) coin- or token-operated amusement devices which are coin- or token-operated or where a fee is charged for the operation of such devices. This definition does not include adult arcades.

Arcade, structural shall mean a permanently roofed arched covered continuous area or passageway at ground level, open to a street, plaza, open space or building, which is accessible and open to the public at all times.

Area, minimum building shall mean the area within the outside perimeter of exterior walls, inclusive of corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open or unobstructed to the sky.

Area of special flood hazard shall mean the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

Arts and cultural center shall mean an establishment, institution, structure, building, or groups of buildings that house the social and cultural elements that characterize a society. This may include museums, art galleries, and other functions of a historic, educational, or cultural interest. The center may consist of a combination of uses such as art galleries, classrooms, assembly halls, administrative offices, and recreational uses such as swimming pools and play fields. The primary use of the center shall not consist of the retail sale of goods or services. The center shall be operated by a non-profit organization qualified under the rules and regulations of the Internal Revenue Service.

Automotive, minor repair shall mean a retail establishment which shall include only those repairs able to be effected within one (1) working day, such as brake repair, engine tune-ups, oil changes, and front end alignments.

Automotive paint or body shop shall mean a building or other structure used for painting, repainting, or retouching and/or major nonmechanical repairs and adjustments of motor vehicles.

Automotive service station, see Service station.

Awning shall mean any moveable rooflike structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close and opening, or rolled or folded back to a position flat thereof, or which is detachable.

Bakeries shall mean establishments engaged solely in the retail sale to the consumer of products, such as breads, cakes and pies which produce some or all of the products sold on the premises.

Base flood shall mean the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base flood elevation shall mean the height above mean sea level, expected to be reached by the 100-year flood.

Basement shall mean a story situated under a building, the ceiling of which is entirely below grade or less than four (4) feet, six (6) inches above grade. The basement is not considered as part of any living area and shall not be used as living area, however, that portion of the basement above grade shall be considered as part of the overall building height.

Bar and/or cocktail lounge shall mean a building or portion of a building, wherein alcoholic beverages are either sold or dispensed by the drink by the establishment and only consumed on the premises.

Bedroom shall mean a room other than a kitchen, dining room, living room, bathroom, or closet, which is marketed, designed, or otherwise likely to function primarily for sleeping purposes.

Bicycle path shall mean a six-foot wide, all-weather surfaced area separated from streets and sidewalks designed to be used by nonmotor driven vehicles.

Block shall mean a parcel of land entirely surrounded by streets, streams, railroad right-of-way, parks, or other public space or a combination thereof.

Boarder shall mean an individual other than a member of the family occupying the dwelling unit or part thereof, who for payment or other consideration, is furnished sleeping accommodations, and may be furnished meals or other services as part of the payment or other consideration.

Boardinghouse shall mean a building other than a hotel, where for compensation pursuant to previous arrangement lodging, or lodging and meals are provided for three (3) or more boarders.

Bookstore shall mean an establishment engaged in the retail sale of new books, magazines and accessory supplies. This definition does not include an adult bookstore which is deemed an adult entertainment establishment and which is provided for elsewhere in this chapter.

Breezeway shall mean a roofed, open-sided passageway connecting two (2) separate structures, or two (2) separate portions of the same structure.

Buffer shall mean land area used to visibly separate one (1) use from another or to shield or block noise, lights, or other nuisances.

Build to line means the location on a lot or property where a principal wall or facade is to be constructed or has been constructed.

Buildable area shall mean that portion of a lot or building site remaining for purposes of erecting or constructing a building, after setbacks have been provided.

Building shall mean any structure constructed or built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected, which requires permanent location on the ground or is attached to anything having a permanent location on the ground.

Building area shall mean the total of all roofed or undercover areas of the principal and accessory buildings.

Building, detached shall mean a building having no party walls in common with another building.

Building front shall mean that exterior wall of a building which faces a front lot line of the lot.

Building height shall mean the vertical distance measured from a point eighteen (18) inches above grade to the highest finished roof structure, including any roof top superstructure or appurtenance.

Building line shall mean a line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter.

Building, nonconforming shall mean a legally existing building which fails to comply with the regulations (for height, number of stories or building size) set forth in this chapter applicable to the district in which the particular building is located.

Building permit shall mean the document or certificate issued by the city building official or other designated official, which verifies adherence to all applicable development regulations and gives permission to the permit applicant to proceed with the actions for which the permit was requested.

Building, principal shall mean 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 site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings, that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

Bulk shall mean the size of buildings or other structures, and their relationships to each other and to open areas and lot lines.

Bulkhead shall mean a structural retaining wall built along a body of water behind which fill is placed.

Bulk regulations shall mean the standards within this chapter, which control the height, density, intensity, and location of structures.

Business service shall mean a commercial activity, primarily conducted in an office, not involving the sale of goods or commodities and not dispensing a personal service, and including such businesses as real estate brokers, insurance agents, accountants, consultants, financial institutions, or any similar use.

Cabana shall mean an enclosed, screened-in structure used for the purpose of private recreational activities of a home owners group or condominium association which is an accessory use to a residential use.

Canopy shall mean a roof-like structure composed of any material which projects from the wall of a building and overhangs a public way.

Carport shall mean a roofed area open on one (1), two (2), or three (3) sides which is free standing or attached to a building, for the storage of one (1) or more vehicles.

Car wash facility, stand alone shall mean a permanent establishment or building which principally provides facilities for washing and cleaning or detailing motor vehicles which may use production line methods with a conveyor, blower, or other mechanical devices, and which must employ some hand labor. Detailing includes hand washing and waxing, striping, and interior cleaning. No self service wash facilities shall be permitted or are intended as part of this definition.

Centerline, see Street, centerline.

Certificate of occupancy shall mean a document issued by the proper authority allowing the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances of the city.

Charter shall mean the document issued to the city and established pursuant to the applicable laws of the state, creating the city as a public corporation and defining its privileges, powers, and duties.

Chattel shall mean personal property as contrasted with real estate.

Child care center/preschool facilities shall mean an establishment which provides care or instruction for four (4) or more children, operated on a regular basis.

Church/house(s) of worship shall mean a building wherein persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith.

City planner, see Planning and development director.

City planning shall mean the decision making process in which goals and objectives are established, existing resources and conditions are analyzed, strategies are developed, and controls are enacted to achieve goals and objectives as they relate to development within the city.

Club shall mean buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Clubhouse shall mean a fully enclosed, air conditioned structure used for the purpose of private recreational activities of a home owners group or condominium association which is accessory to a residential use and which has offices, meeting rooms, culinary facilities and adequate restroom facilities.

Cluster development shall mean a development design technique primarily for residential dwellings that permits units to be grouped or clustered through a density transfer rather than spread evenly throughout a parcel as in conventional lot by lot development. A dwelling unit located above another dwelling unit shall not be considered cluster housing.

Commercial building shall mean a building used only for a commercial use.

Commercial use shall mean an establishment which supplies commodities and services to the general public, including retail consumer goods, professional, business, and personal services.

Commercial vehicle shall mean any vehicle of any nature which is used for hire or for profit.

Common area shall mean the total area not designed for rental to tenants and which is available for common use by all tenants and their invitees, including but not limited to such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public restrooms, loading and service facilities, etc.

Comprehensive Plan shall mean the composite of the City Comprehensive Plan, comprised of the goals, objectives, policy statements and all accompanying maps, charts, and explanatory material as adopted by the city council, and all amendments thereto, in accordance with the state and the Local Government Comprehensive Planning Act of 1975.

Conditional use, see Special exception.

Condominium shall mean a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Condominium association shall mean the community association which administers and maintains the common property and common elements of a condominium.

Condominium, commercial shall mean a building (or group of buildings) used for office, business, professional services and other commercial enterprise, organized, owned and maintained as a condominium.

Condominium, office shall mean an office building (or group of buildings) organized, owned and maintained as a condominium.

Confectioneries shall mean establishments engaged solely in the preparation and production of candy products for direct retail sale to the consumer on premises.

Contiguous shall mean lands which actually touch each other.

Convenience store shall mean a retail establishment which is usually open for extended daily hours of business (twelve (12) to twenty-four (24) hours), usually located as a single entity or in a strip building configuration along arterial roadways, is normally a self-service facility not dependent upon comparison shopping and by its manner of display and merchandising usually sells a limited selection of items and brands of pre-packaged or prepared foods, ready to eat foods, snacks, gum, candy, beverages, dairy products or sundries, all of which are frequently purchased for immediate use, and may be developed with facilities for the dispensing and sales of vehicular fuels, but with no sale or installation of tires, batteries or similar accessories. If such establishment is combined with fuel sales and dispensing, it shall also be regulated as a full service fuel station and there shall be stringent limitations and controls placed upon the nature, size, delivery, storage, location and type of fuel sales or dispensing facilities, in order to provide maximum possible protection to adjacent properties and it must meet the specific zoning requirements of a full service fuel station.

Copy center shall mean a retail establishment engaged in reproducing text, drawings or other copy, by photocopying or other methods of duplication other than printing (see definition below) or microfilming.

Corner lot, see Lot, corner.

Court shall mean an open unoccupied space on the same lot as the principal building and fully enclosed on at least two (2) adjacent sides by walls of the building.

Coverage, ground, see Lot coverage.

Curb shall mean a stone or concrete boundary usually marking the edge of a roadway or paved area.

Curb cut shall mean an indentation of depression through or into a raised curb, forming a driveway or walkway.

Dedication shall mean 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 interest, including an easement.

Density shall mean the relation between the number of existing or proposed amount of dwelling units on a specific land area exclusive of all public rights-of-way and/or private roadways expressed in terms of the ratio of the number of units in relation to the land area included within the building site. In the determination of the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit or units.

Developer shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter.

Development shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this chapter.

District shall mean any certain described area of the city to which these regulations apply and within which the zoning regulations are uniform.

Drainage shall mean 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.

Drip line shall mean a vertical line extending from the outermost branches of a tree to the ground.

Driveway shall mean that space specifically designated and reserved on the site for the movement of vehicles from one (1) site to another, to provide internal vehicular movement on the site or to move vehicles from a site to a public street.

Drive-in or drive-through facility shall mean an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods, while remaining in their motor vehicles.

Dwelling shall mean a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, boardinghouses or lodginghouses.

Dwelling, detached shall mean one (1) which is entirely surrounded by open space on the same lot.

Dwelling, duplex, see Dwelling, two-family.

Dwelling, multiple-family shall mean a building or portion thereof used for occupancy by three (3) or more families, living independently of each other, and doing their own cooking in the building.

Dwelling, single-family shall mean a building containing only a single-dwelling unit.

Dwelling, two-family shall mean a building containing two (2) dwelling units.

Dwelling unit shall mean one (1) or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for family purposes and which include lawful cooking space and lawful sanitary facilities reserved for the use of the single-family occupants thereof.

Easement shall mean any strip of land created by a subdivider or granted by the owner, for public or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Egress shall mean an exit.

Elevation shall mean:

(1)

The vertical distance above or below a fixed reference level; or

(2)

A flat scale drawing of the front, rear, or side of a building or structure.

Eminent domain shall mean the authority of the city or other government agency to take, or to authorize the taking of, private property for public use.

Encroachment shall mean any protrusion of a vehicle outside of a parking space, vehicular use area or accessway into a landscaped area. There shall be no encroachment over or into a required landscaped area. Car stops shall be placed at least two (2) feet from the edge of such landscaped area. In order to prevent encroachment and maintain a neat and orderly appearance of all planting islands adjacent to accessways and/or traffic, a proper protective curbing is required. Where car stops in parking spaces prevent encroachment, no other curbing is required.

Engineer, registered shall mean a professional engineer registered by the state and experienced in the field of land development.

Enlargement or to enlarge shall mean an enlargement is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement.

Erect shall mean to build, construct, reconstruct, attach, hang, place, suspend or affix.

Establishment shall mean an economic unit, generally at a single physical location, where business is conducted or services are offered.

Exaction shall mean a contribution or payment required as an authorized precondition for receiving a development permit.

Existing use shall mean the use of a lot, structure, or building, at the time of the enactment of this chapter.

Family shall mean any number of persons related by legal adoption, blood, a licit marriage, or a group of not more than three (3) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

Farm shall mean any plot of land used for commercial agricultural purposes.

Fence shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Financial institution, see Business service.

Fire wall shall mean a fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof and shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.

Flea market shall mean an occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map shall mean a map of the city issued by the federal insurance administration, where the boundaries of the areas of special flood hazard have been designated as Zone C.

Flood insurance rate map shall mean a map of the city on which the federal insurance administration had delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study shall mean the official report provided by the federal insurance administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base floor.

Flood, one-hundred-year shall mean the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e. that has a one (1) percent chance of being flooded each year).

Floodplain or flood-prone area shall mean a land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded.

Floodplain area having special flood hazards shall mean that maximum area of the floodplain that, on the average, is susceptible to the one hundred (100) year flood.

Floodway shall mean the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.

Floor shall mean the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term also includes the floor of a garage used solely for parking vehicles.

Floor area gross shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet.

Floor area, ground shall mean the square feet area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways, secondary stairways, and drive-thru teller lanes or walk-up windows of financial institutions. Ground floor area is the total area used by the city in determining the percentage of lot coverage.

Floor area minimum, see Minimum required living area.

Floor area ratio shall mean the maximum square footage of the total floor area permitted for the total square footage of land area.

Floor, habitable shall mean the total floor area of all of the rooms in a dwelling unit, designed for residential occupancy.

Food market shall mean an establishment primarily engaged in the sale of fresh vegetables, fruits, breads, dairy products, etc., which are in keeping with a supermarket but on a smaller scale. Such an establishment shall meet the following criteria:

(1)

Eighty (80) percent of the floor area of the store, excluding storage, must be devoted to food and beverages. No more than twenty (20) percent of the floor area shall be devoted to the sale of non-food items. Not more than ten (10) percent of the display floor area may be devoted to alcoholic beverage sales.

(2)

Hours of operation shall not exceed 7:00 a.m. to 11:00 p.m. Sunday through Thursday and 7:00 a.m. to 12:00 midnight on Friday and Saturday.

(3)

Beverage dispensing machines must be located behind the counter.

(4)

Signage and advertising for the store shall not include any reference to the business as a convenience store.

(5)

Alcoholic beverage sales shall not include single prepackaged beverages.

(6)

Outdoor storage of merchandise or materials within shipping containers or vehicles on site is prohibited.

Frontage, street means that portion of a parcel or lot abutting a public or private right-of-way.

Full-service fuel station shall mean a retail establishment which primarily sells, dispenses and installs gasoline and automotive lubricants and products. Such establishments may include the sale of typical convenience store items, but must sell and install tires, batteries, lubricants, and similar accessories and products, and perform minor repair work and services in order to maintain its definition, classification, and regulation as a full-service fuel station.

Garage shall mean a building or space used as an accessory to, or a part of a main building permitted in any residence district and providing for the storage of motor vehicles.

Garage, parking shall mean a building or portion of a building, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles.

Garage sale shall mean an occasional or periodic sales activity within a building, structure or open area, where an individual owner or resident offers goods, new and used for sale to the public. Not to include flea markets.

Gas station shall mean a retail establishment which sells gasoline, oils and lubricants, only with no sale or installation of tires, batteries or similar accessories. A gasoline station is not a full-service fuel station or a convenience store.

Golf course shall mean a tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include club houses and shelters.

Government services shall mean any function, facility or utility of the United States, the state, county, city or other district of governmental unit.

Grade shall mean a reference plane representing the highest point of the crown of any public or private street or roadway which lies contiguous to the property or building site. In the event that the abutting streets or roadways are unimproved, grade shall be measured from the nearest paved roadway.

Grass shall mean green herbage, commonly referred to as grass, which is normally grown year round in South Florida.

Greenhouse shall mean an enclosed building, permanent or portable, which is used for the growth of small plants. See Nursery.

Gross floor area, see Floor area, gross.

Gross land area shall mean the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project, and structure thereon.

Gross leasable area (GLA) shall mean the total floor area designed for the tenants' occupancy and exclusive use—including basements, mezzanines, and upper floors—expressed in square feet. It is the area for which tenants pay rent, including sales area and integral stock areas.

Ground cover shall mean low growing living plant material that is planted to form a continuous cover over the ground.

Ground floor area, see Floor area, ground.

Habitable floor, see Floor, habitable.

Hazardous materials shall include, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts and all radioactive materials.

Hedge shall mean solid and unbroken visual screen of self-supporting living plant material.

Home occupation shall mean any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. Such home occupation must comply with the regulations set forth in this chapter.

Home owners association shall mean a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

Hospital and full service medical facilities shall mean a facility, licensed by the state, which maintains and operates organized facilities for one (1) or more persons, for medical or surgical diagnosis, care, and other treatment of human illness.

Hotel shall mean any building principally containing sleeping rooms in which transient guests are lodged with or without meals, with no provisions made for cooking in any individual room or suite. Such facility may have one (1) or more dining rooms, restaurants or cafes as accessory uses. Such facility would, structurally and for purposes of safety, be obliged to conform to the laws of the state regulating hotels.

Impervious surface shall mean those surfaces which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt.

Implementation shall mean the carrying out or fulfilling of established plans, proposals, or policies.

Improvement shall mean any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

Inanimate plant material shall mean small, nonliving aggregate material such as rocks, pebbles, mulch, gravel, driftwood, bark, pine needles, wood shavings, garden ornaments, statuary sculpture or similar inanimate objects.

Incombustible material shall mean any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit, and will not continue to burn or glow at that temperature.

Incompatible use shall mean a use which is incapable of existing in harmony with other uses situated in its immediate vicinity.

Indoor recreational amusement shall mean establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as bowling, pool, billiards, arcades which feature coin- or token-operated devices or similar devices, such as pinball and video games, with three (3) or more devices, and bingo halls.

Ingress shall mean access or entry.

Institution shall mean a nonprofit corporation or a nonprofit establishment for public or quasipublic use.

Intent shall mean the object or statement of purpose toward which any section of this chapter strives or for which it exists.

Interior parking strip shall mean any parking space which is not adjacent to a required landscape strip.

Intersection shall mean any street or public way or court which joins another at an angle, whether or not it crosses the other.

Kennel, commercial shall mean any building or buildings, and/or land used, designed or arranged to facilitate the raising, breeding, boarding, grooming, and medical treatment, for profit, of such domesticated animals as dogs and cats.

Kennel, private shall mean any building or buildings, and/or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

Kiosk shall mean a free standing structure upon which temporary information and/or posters, notices and announcements are posted.

Kitchen shall mean a space used or designed to be used for the preparation of food.

Laboratories shall mean:

(1)

Clinical. A laboratory where examinations are performed on materials or specimens taken from the human body, to provide information or materials for use in the diagnosis, prevention, or treatment of a disease or the assessment of a medical condition. No manufacturing shall be conducted in connection with such facility. The use or production of any hazardous materials or toxic pollutants is strictly prohibited.

(2)

Testing. A building or part of a building devoted to the testing and analysis of any product. No manufacturing is conducted on the premises except for experimental or testing purposes.

Landscape plan shall mean a detailed sketch to scale illustrating the type, size, location and number of plants to be placed in a development.

Landscape strip shall mean a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material.

Landscaping shall consist of any of the following or combination of: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly used in the landscape, such as, but not limited to, rocks, pebbles, mulch, sand, walls or fences, benches, fountains, paving for pedestrian use (but excluding paving for vehicles), exterior landscape accent lighting fixtures and any other item of exterior landscape furniture.

Land use shall mean the description of how land is occupied or utilized.

Land use plan shall mean that element of the city comprehensive plan containing both text and map depicting the existing and proposed location, extent and intensity of the development of land to be used in the future, for varying types of residential, commercial, recreational, educational and other public and private purposes or combination of purposes.

Laundromat shall mean an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public.

Laundry and dry cleaning shall mean a retail service, which provides for the washing, drying, dry cleaning, and/or ironing of any natural or manmade fabrics. The equipment or machinery necessary to perform such service is not accessible to the general public.

Lawn and garden equipment sales and service shall mean an establishment primarily engaged in the sale of equipment for the maintenance of lawns and gardens such as mowers, trimmers, etc. with an engine power not to exceed eighty-five (85) horsepower. Repair of such equipment and the stocking of lubricants and replacement parts may be included as accessory uses. This use does not include the sale or repair of equipment designed for construction such as dump trucks, graders or similar heavy equipment.

Legal access shall mean a dedicated or recorded right-of-way, lane, place, alley, or easement, excluding utility and drainage easements, affording perpetual ingress and egress from a property to a thoroughfare.

Live entertainment shall mean a use accessory to the principal commercial establishment wherein forms of entertainment consisting of amplified or non-amplified sounds are provided indoors. Live entertainment may include live performance of one (1) or more persons, whether or not done for compensation and whether or not admission is charged, such as musical act; theatrical act, or stand-up comedy; dance; magic act; disc jockey; or similar activity.

Living area, minimum, see Minimum required living area.

Living plant material shall mean grass, ground cover, shrubs, vines, hedges, and trees or palms.

Loading space, off-street shall mean an off-street loading space of not less than fifteen (15) feet wide, thirty-five (35) feet long, and having a minimum vertical clearance height of fourteen (14) feet, exclusive of access aisles and drives, for the short term parking of a vehicle while loading or unloading merchandise or materials.

Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. Such lot shall have access to a public street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record;

(4)

A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residential or commercial lot or parcel be created which does not meet the requirements of this chapter.

Lot area shall mean the total horizontal area included within lot lines.

Lot area per dwelling unit shall mean that portion of the lot area required for each dwelling unit located on the lot.

Lot, corner shall mean a lot or parcel of land abutting upon two (2) or more streets, at their intersection, or upon two (2) parts of the same street, forming an interior angle of less than one hundred thirty-five (135) degrees. For the purpose of this definition, a street may be improved or unimproved with the right-of-way established by a plat or the Comprehensive Plan of the city or the county.

Lot, coverage shall mean that portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered.

Lot, depth shall mean the mean horizontal distance between the lot frontage and the rear lot line of the lot, measured within the boundaries of the determined lot width.

Lot, frontage shall mean the front of an interior lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, yards shall be provided as indicated under yards in this section. Corner lots located at the intersection of two (2) local streets shall have a front building setback along the shortest frontage of one (1) street and a corner setback from the other street. The planning and engineering director may also consider functional orientation for a site-specific condition of property.

Lot lines means the lines creating or forming the boundary of a lot as follows:

Front lot line means the lot line fronting the street right-of-way, except, in the case of a corner lot, the shortest lot line adjacent to a street right-of-way shall be the front lot line.

Rear lot line means the lot line opposite the front lot line. In the case of a lot irregularly shaped or pointed at the rear, the rear lot line shall be an imaginary line within the lot, not less than ten (10) feet long, parallel to and at the maximum distance from the front lot line.

Side lot line means any lot line other than the front lot line or rear lot line. A side lot line located on a street right-of-way is a side corner lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot, minimum area of shall mean the smallest lot area established by the zoning ordinance on which a use or structure may be located in a particular district.

Lot, rear, see Property line, rear.

Lot of record shall mean a lot which exists as shown or described on a plat or deed, in the records of the county.

Lot, reverse frontage shall mean a through lot which is not accessible from one (1) of the parallel or nonintersecting streets upon which it fronts.

Lot, side, see Property line, side.

Lot, through shall mean a lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

Lot, width shall mean the mean horizontal distance between the side property lines, measured along the established building line or setback line, or if no setback line is established, the distance between the side property lines measured along the street line.

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

Main building, see Building principal.

Manufactured home, see Mobile home.

Map, official zoning, see Official zoning map.

Market analysis shall mean a study conducted to determine the viability of a particular development on a specific site and to assess the market from which new development expects to draw customers as well as the nature of the competing markets.

Marijuana means all parts of any plant of the genus Cannabis, whether growing or not: the seeds thereof: the resin extracted from any part of the plant: and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by an eligible patient, as defined in F.S. § 499.0295. Marijuana includes any strain of marijuana or cannabis, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."

Marquee, see Canopy.

Massage shall mean the manipulation of the superficial tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation.

Massage parlor/establishment shall mean a site, or premises, or portion thereof, upon which a masseur practices massage.

Masseur shall mean a person, including a masseuse, certified as required by the state, who administers massage for compensation.

Master plan, see comprehensive plan.

Maximum permitted illumination shall mean the maximum illumination measured in footcandles at the interior required landscape buffer line at ground level.

Mean shall mean the average of a number of figures, computed by adding up all figures and dividing by the number of figures.

Medical and dental office shall mean a facility providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (who are also known as health care practitioners), or others who are duly licensed to practice their respective health care professions in the State of Florida, as well as others, including but not limited to, technicians and assistants who are acting under the supervision and control of a licensed healthcare practitioner.

Medical marijuana treatment center-dispensing facility (MMTC-DF) means a retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment center dispensing facility," established by a licensed "medical marijuana treatment center," "dispensing organization," "dispensing organization facility," or similar use, that sells and dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies, and does not allow on-site consumption of marijuana or marijuana products. Medical marijuana treatment center-dispensing facilities are prohibited within the City of Greenacres, with the exception that medical marijuana treatment center dispensing facilities that are lawfully operating as of November 2, 2023, shall be considered nonconforming uses.

Metes and bounds shall mean a method of describing the boundaries of land, by directions and distances from a known point of reference.

Mini-warehouse means shall mean a building or groups of buildings in a controlled access and enclosed, or otherwise, secured compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of customer's goods or wares. The following types of self-service storage facilities are as follows: 1)Limited-access mini-warehouse, which may be a multi-storied facility with limited access points from the exterior of the building to interior halls that serve individual bays, or 2) Multi-access mini-warehouse, a one-story facility with multi-access points from the exterior of the building to individual bays.

Minimum building area, see Area, minimum building.

Minimum required living area shall mean the area of the floor or floors measured from the inside of the exterior walls to the inside of dividing walls, excluding the area for garages, whether separate or integral, carports, open porches, open breezeways, or storerooms not accessible from the interior of the building.

Mixed use zoning shall mean zoning which permits a combination of usually separated uses within a single development.

Mobile food dispensing vehicle shall mean any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal (as defined in F.S. (2020) § 509.102, as amended from time to time).

Mobile home shall mean a manufactured, detached, transportable single-family dwelling unit, designed for long term occupancy and arriving at the 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. Any such vehicle or structure shall be deemed to be a mobile home, whether or not the undercarriage and axles have been removed therefrom, and whether or not resting upon a temporary or permanent foundation.

Mobile home park shall mean a site with required improvements and utilities for the long-term residential occupancy of mobile homes, which may include services and facilities for the residents.

Mobile home space shall mean a plot of land for placement of a single mobile home, within a mobile home park.

Mobile vendor shall mean any person, firm, corporation or other entity engaged in the selling or offering for sale any and all goods, wares, beverages or merchandise including food or food products outdoors from a mobile vending vehicle or from his/her person and which includes a mobile food dispensing vehicle.

Moratorium shall mean a temporary halting or severe restriction on specified development activities.

Motion picture theater, see Theater.

Motel shall mean a building or group of buildings, which contain sleeping accommodations for transient occupancy, and which has individual entrances from outside the building to serve each such sleeping unit. No provisions shall be made for the cooking in any individual room or suite of rooms. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses.

Motor vehicle dealers shall mean the use of any building, land area or other premise for the display and sale of new automobiles, panel trucks or vans, travel trailers or recreation vehicles and including repair facilities, rental facilities and the carrying of stock for replacement parts, tires, batteries and automotive accessories. The sale of used motor vehicles shall only be permitted as an accessory use to new motor vehicle dealerships.

Motor home, see Recreational vehicle.

Multiple-family dwelling, see Dwelling, multiple-family.

Net Acre, see Density.

Nonconforming building or structure shall mean a structure or building existing at the time of the passage of this chapter or amendment thereto, which does not conform to the regulations of area, height or lot coverage, or other like requirements of the district in which it is located.

Nonconforming lot shall mean any lot which was lawfully created prior to the enactment of this chapter, but which now fails to conform to all applicable provisions of this chapter.

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

Nursery shall mean land or greenhouses used to raise flowers, shrubs and plants.

Nuisance shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.

Nursing and convalescent facilities shall mean a building, or a group of buildings where for compensation pursuant to previous arrangement, on site in-patient overnight care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to require hospital attention, or for three (3) or more persons requiring further institutional care after being discharged from a hospital, other than a mental hospital.

Occupancy shall pertain to and is the purpose for which a building or premises is used, or intended to be used.

Occupant shall mean the person or persons in actual possession of a premises.

Occupation shall mean gainful employment in which a person engages to earn compensation for the necessities of life.

Off-street parking space shall mean an area designated for the temporary parking of a motor vehicle, that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

Office shall mean a room, suite of rooms, or building in which a person transacts his business, or carries on his stated occupation.

Official zoning map shall mean the official map of the city upon which the boundaries of each district are designated, and established as approved and adopted by ordinance of the city, made a part of the official public records of the city, and which is the final authority as the zoning status of land and water areas, buildings, and other structures in the incorporated area of the city.

Open space shall mean an exterior open area, clear from the ground upward, devoid of residential and commercial buildings, accessory structures and impervious areas. Including drainage retention areas, not to include recreation buildings.

Open space, common shall mean any open space under common ownership and control.

Outbuilding shall mean a separate building or accessory structure not physically connected to the principal building(s).

Outdoor display, see Outdoor storage.

Outdoor sales shall mean the selling of any goods, material, merchandise, or vehicles in an area open to the sky and/or visible from adjacent properties or rights-of-way and is prohibited unless authorized in accordance with a specific provision of this Code or by special event or temporary use permit.

Outdoor storage shall mean the keeping of any goods, material, merchandise, or vehicles for more than twenty-four (24) hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way and is prohibited unless authorized in accordance with a specific provision of this Code or by special event or temporary use permit.

Outdoor recreational amusement shall mean facilities operated as a business and opened to the general public for a fee which provides for the conduct of sports, leisure time activity and other customary and usual recreational activities, including miniature golf, garden golf, pitch and putt, tennis facility, driving ranges, and batting cages.

Outparcel shall mean a parcel of land of any size or dimension, subordinate to a larger parcel for access, parking, or drainage purposes, generally located on the perimeter of such. An outparcel may or may not be under the same ownership as the main parcel.

Overhang shall mean:

(1)

The part of a roof or wall which extends beyond the facade of a lower wall;

(2)

The portion of a vehicle extending beyond the wheel stops or curb.

Parapet shall mean a low, protective wall or railing along the edge of a roof, balcony, or similar structure.

Parcel shall mean a lot or tract of land.

Parking access shall mean:

(1)

Parking aisle: That portion of the parking area consisting of lanes providing direct access to parking spaces.

Parking area shall mean the total area devoted to the parking and maneuvering of vehicles.

Parking lot shall mean an area or plot of ground used for the temporary parking of motor vehicles either for compensation or to provide an accessory service to a business or residential use.

Parking space shall mean a surfaced area, enclosed or unenclosed which is sufficient in size and is specifically designed for the sole purpose of parking one (1) automobile.

Partition shall mean an interior wall, other than folding or portable, that subdivides spaces within any story, attic or basement of a building.

Party wall shall mean a common shared wall between two (2) separate structures, buildings, or dwelling units.

Patio shall mean an open unoccupied space which may be partially enclosed by wall, fence, or building and not considered part of the residential living structure.

Performance guarantee shall mean any security that may be accepted by the city as a guarantee that improvements required as a part of an application for development are satisfactorily completed.

Permissible use shall mean any use authorized in a particular zoning district, whether a permitted use, a conditional use or a special exception use.

Permit, see Building permit.

Permitted use shall mean any use allowed in a zoning district and subject to the provisions and regulations applicable to that zoning district.

Personal services shall mean establishments primarily engaged in providing services involving the care of a person or his apparel. Such services may include, but not limited to, beauty parlors, shops or salons, barber shops, massage; or any similar use not involving the sale of any retail product. This definition does not include a medical or dental office.

Planned commercial development shall mean an area of a minimum contiguous size, as specified by this chapter, to be planned, developed, operated and maintained as a single entity, containing one (1) or more structures to accommodate commercial or office uses, or both, and appurtenant common areas and other uses incidental to the predominant uses.

Planned unit development shall mean a land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved Master Plan which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located.

Planning commission shall mean the duly designated body of the city whose principal duties are the development and implementation of all elements of the Comprehensive Plan and appropriate land development regulations, and to review and make recommendations and findings of fact to the city council on applications for development and other zoning related matters.

Planning and development director shall mean that individual appointed by the city council, whose responsibility it is to coordinate and direct the activities and staff of the city planning and development department; to supervise the development and implementation of all elements of the Comprehensive Plan and appropriate land development regulations; and to direct the development of immediate and long range planning, zoning and building programs.

Planning and zoning board of appeals shall mean the officially constructed body of the city, whose principal duties are to hear and decide upon variances from the strict application of the Zoning Code and the subdivision and land development regulations and to hear and decide upon appeals regarding interpretation of the various requirements and regulations set forth in Chapter 12 and Chapter 16 of the City Code.

Plat shall mean a map, suitable for recording in the public records of the county depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof, however, the same may be designated, prepared in accordance with the provisions of this Code and those of any applicable law and/or local ordinance.

Porch shall mean a roofed, open, unoccupied space which may be glazed or screened and is attached to or part of and with direct access to or from the principal building. For purposes of these regulations, a porch becomes a room when the space enclosed is heated or air-conditioned and all sides are converted into a block or wood structure.

Portable storage unit shall mean any portable, weather-resistant receptacle designed and used for the temporary storage and/or shipment of goods, supplies, or other materials and includes, but is not limited to, storage containers and portable household good pods.

Premises shall mean a lot, parcel, tract or plot of land together with the buildings and structures thereon.

Prescribed Pediatric Extended Care (PPEC) Center shall mean a center, whether operated for profit or not, that provides basic nonresidential services to three (3) or more medically or technologically dependent Medicaid eligible children from birth through age twenty (20) with medically complex conditions to receive licensed medical care, such as nursing services, personal care, developmental therapies, and caregiver training, pursuant to F.S. § 400.901 as amended, in a non-residential setting, up to a maximum of twelve (12) hours per day.

Principal building, see Building principal.

Principal use shall mean the primary or predominant use of any lot or building.

Printing establishment shall mean an establishment engaged in printing by one (1) or more common processes, such as letterpress, lithography, gravure, blueprinting or screen and those establishments that perform services for the printing trade, such as bookbinding and plate making.

Private shall mean intended for or restricted to the use of a particular person, group, or company.

Professional office shall mean the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon. This definition does not include a medical or dental office.

Professional services shall mean the conduct of business in any of the following related categories: architectural, engineering, planning, law, music, art, interior design, accounting, insurance, real estate, finance and securities investment and any similar type profession. This definition does not include a medical or dental office.

Prohibited use shall mean a use that is not specifically listed as a permitted or permissible use in any zoning district.

Property line, front, see Lot frontage.

Property line, rear shall mean a property line opposite and most distant from the lot frontage. For a triangular lot, the rear property line shall mean a line ten (10) feet in length, within the lot parallel to the lot frontage line, or parallel to the chord of a curved lot frontage line, and at the maximum distance from it.

Property line, side shall mean a property line which transects or runs perpendicular to the lot frontage or rear property line.

Public areas shall mean public parks, playgrounds, trails, paths and other recreation areas and other public open spaces; scenic and historical sites; schools and other public buildings or structures.

Public building shall mean any use controlled exclusively for public purposes by any department or branch of state, county, or municipal government.

Public hearing shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public notice shall mean the advertisement of a public hearing in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

Queuing area shall mean a one-way aisle which provides waiting area for a specified number of cars.

Quorum shall mean a majority of the full authorized membership of a board or agency.

Recreation facility shall mean a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

Recreation vehicle shall mean an automobile, trailer, camp-car, pickup camper, bus or other vehicle with or without motor power, designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of the Vehicle Code of the State of Florida.

Recreational vehicle park shall mean a land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved master plan, which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located. The recreational vehicle park development is intended and designed to accommodate short-term, overnight tourist guests and not for permanent residential use.

Religious use shall mean a structure or place which is specifically designed and only used for the organized worship, ceremonies, rituals and education pertaining to a particular system of beliefs.

Rent shall mean a periodic payment, made by a tenant, to his landlord for the use of land, buildings, structures or other property, or portions thereof.

Residence, see Dwelling unit.

Restaurant shall mean an establishment whose primary business is the sale of food and nonalcoholic beverages to a patron, where the sale or service of alcoholic beverages is incidental to its operation and constitutes less than fifty (50) percent of total sales and meets all of the following criteria:

(1)

Each patron places their order at their table from an individual handheld menu, which displays or describes the food and beverages available to them. During all hours of operation, restaurants shall continually have kitchen facilities and preparation staff capable of preparing and serving food. Food shall be continually available for preparation, service, and sale from the menu for the full occupant load of the establishment, including when alcoholic beverages are sold.

(2)

Food and beverages are regularly served to patrons while seated at their table by an employee of the establishment.

(3)

Preparation, service and consumption of food and beverages takes place within a completely enclosed building, accommodating at least eighty (80) percent of the establishment's permitted seating capacity.

(4)

Outside table dining is permitted in areas permanently designated for such use and shall not exceed twenty (20) percent of the establishment's permitted seating capacity, and in no way shall permit the consumption of food or beverages within automobiles.

Restaurant, carry-out shall mean any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes all of the following characteristics:

(1)

Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(2)

Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(3)

The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.

(4)

The kitchen is in excess of fifty (50) percent of the total floor area.

Restaurant, drive-in or drive-through shall mean any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one (1) or all of the following characteristics:

(1)

Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(2)

Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.

(3)

The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.

(4)

The kitchen is in excess of fifty (50) percent of the total floor area.

Restaurant, fast-food shall mean any establishment whose principal business is sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes one or all of the following characteristics:

(1)

Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(2)

Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(3)

The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.

(4)

The kitchen is in excess of fifty (50) percent of the total floor area.

Restriction shall mean a limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.

Retail shall mean the selling of goods in small quantities directly to the consumer.

Retail drugstore shall mean a retail establishment primarily offering goods for retail sale, such as medical supplies, personal hygiene items, beverages, pre-packaged foods, books, magazines, toys, cards, beauty products, tobacco products, and alcoholic beverages and including a pharmacy offering on-site dispensing of prescription and nonprescription drugs. Accessory services such as photo processing, eyeglass care, and basic health assessment (vaccinations, minor examinations, etc.) may also be offered.

Retail drugstore with drive-thru pharmacy shall mean a retail drugstore in which a drive-thru window, or windows, is provided for customers to drop off and pick up prescriptions while remaining in their automobiles.

Retail services shall mean establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, financial institutions, real estate and insurance brokers, personal services, motion pictures, amusement and recreation services, educational and social services. This definition does not include medical and dental office or retail drugstore.

Retaining wall shall mean a structure constructed to hold back or support an earthen bank.

Reverse frontage, see Lot, reverse frontage.

Rezoning shall mean the legal process by which changes are made to the boundary or boundaries of a zoning district(s), or where a new boundary or boundaries are established for a zoning district(s), or the reclassification of an area from one (1) zoning district to another.

Right of access shall mean the legal authority to enter or leave a premises.

Right-of-way shall mean a strip of land dedicated or deeded to the perpetual use of the public, such as but not limited to, roadways, sidewalks and crosswalks.

Road, see Street.

Roof shall mean the outside top covering of a building.

Roomer, see Boarder.

Roominghouse, see Boardinghouse.

Salvage yard shall mean a lot, parcel of land, or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded materials; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition; or the sale of parts thereof.

Scale shall mean the relationship of distances on a map, site plan, or other graphic representation, as they relate to actual ground distance.

School shall mean any building or group of buildings, the use of which meets state requirements for primary, secondary, post secondary or vocational education.

Screen enclosure shall mean a structure utilized to completely enclose an outdoor living space for the primary purpose of the exclusion of insects and consisting of a rigid frame and walls and roof being covered with a material allowing for one hundred (100) percent light and one hundred (100) percent air circulation.

Screening shall mean a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Screening/buffer shall mean the masking out or concealing of an area through the use of walls, fences, earthen berms, plant materials or a combination thereof for the purpose of blocking noise, lights, or other nuisances.

Service station, see Full service fuel station.

Setback shall mean a required open space unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward, except for permitted overhangs, fences, walls, and other customary yard accessories as provided in these regulations.

Front setback means the lot area extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

Rear setback means the lot area extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

Side setback means the lot area between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.

Side corner or side facing street setback means the lot area between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between a street right-of-way and any structure or any projections thereto.

Setback, building means the shortest distance between the building or structure and the property line, whether front, side, side corner, or rear, measured from the lot line to the nearest vertical exterior walls.

Setback, required means the minimum lot area as specified in these regulations for front, side, and rear yards, as distinguished from any yard area in excess of the minimum required.

Setback line shall mean that line which is the required minimum distance from the street right-of-way line, or any other lot line that establishes the area within which the principal structure must be erected or placed. See Building line.

Shopping center shall mean a group of architecturally unified commercial establishments equal to or greater than three thousand nine hundred (3,900) square feet in gross floor area and built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves.

Shrubs shall mean a self-supporting woody evergreen or flowering species of low stature normally characterized by persistent stems and branches springing from the base.

Sidewalk shall mean a concrete, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Side yard, see Yard, side.

Simulated gambling device shall mean any game, machine, device, computer simulation of any game, or simulated slot machine, which may deliver or entitle the user thereof to a payoff directly or indirectly from the owner or operator of the device or the owner or operator's designee. For purposes of this definition, "payoff" includes, but is not limited to, any money, credit, allowance, or additional chance to use the device.

Single-family dwelling, see Dwelling, single-family.

Site shall mean any plot or parcel of land or combination of contiguous lots or parcels of land.

Site plan shall mean a graphic plan and information representation drawn to scale depicting uses and structures proposed for a parcel of land as required by the regulations set forth within this chapter.

Slope shall mean the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Slot machine shall have the same meaning as defined in F.S. § 551.102, as that section may be amended from time to time.

Special assessment shall mean a fee levied by the city or county for the financing of a local improvement that is primarily of benefit to the landowners who must pay the assessment.

Special event shall mean any organized, temporary public or private celebration or gathering of people which requires a city temporary use permit including but not limited to events related to athletic contests, carnivals, fairs, entertainment, music concert, art exhibitions, parades, fundraisers (such as religious, charitable, patriotic or philanthropic events), or the sale of merchandise, food, alcohol, or any combination of the foregoing.

Special exception shall mean a use that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare is permissible. Such uses may be permissible in such zoning districts as special exceptions as outlined in the applicable zoning district.

Specified anatomical areas shall mean:

(1)

Less than completely and opaquely covered human genitals, pubic area, buttock, or female breast below a point immediately above the top of the areola; or

(2)

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

Spine Road shall mean a main internal roadway, not dedicated as a public right-of-way, designed to serve as the primary circulation route that provides continuous access throughout a development site, connecting multiple lots, uses, or buildings, and facilitating access to and from public streets, as depicted on the approved plan.

Stable shall mean a structure that is used for the shelter or care of horses and cattle.

Storage, open, see Outdoor storage.

Story shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

Street shall mean a strip of land, owned privately or publicly, which affords the principal means of access to abutting property. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, expressway, land, place, square, or however otherwise designated within the above-mentioned right-of-way.

Street centerline shall mean the line midway between the street right-of-way lines or the surveyed and platted centerline of a street, which may or may not be the line midway between the existing right-of-way lines.

Street centerline setback shall mean the minimum distance measured from the street centerline required for the preservation of existing right-of-way and future right-of-way expansion.

Street frontage shall mean all the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), or if the street is a dead-end, then all of the property abutting one (1) side between an intersecting street and the dead-end of the street.

Street furniture shall mean manmade, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths.

Street line shall mean the line between the street and abutting property, also referred to as right-of-way line.

Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words "or part of."

Structure, accessory, see Accessory building, structure, or use.

Structural alteration, see Alteration.

Subdivision shall mean one (1) of the following:

(1)

A tract of land which is to be platted, improved and divided into lots for sale.

(2)

A tract of land upon which a hotel, apartment, a multiple dwelling, or two (2) or more buildings (excluding accessory buildings such as garages) are to be constructed.

(3)

The dedication by plat of a public right-of-way or easement over, through or across a tract regardless of area.

(4)

The resubdivision of land heretofore divided or platted into lots, sites or parcels.

Survey shall mean:

(1)

The process of precisely ascertaining the area, dimensions and location of a piece of land, and any buildings located thereon.

(2)

The representation which graphically displays the area, dimensions and location of a piece of land, and any buildings located thereon.

Surveyor shall mean a land surveyor registered in the state.

Swale shall mean a depression in the ground which channels surface runoff.

Swimming pool shall mean any confined body of water, located either above or below the existing finished grade of the site, exceeding one hundred fifty (150) square feet in surface area and over two (2) feet in depth, designed, used, or intended to be used for swimming or bathing purposes.

Synthetic plant material shall mean synthetic or artificial materials in the form of trees, shrubs, ground covers, vines or turf, and shall not be used in lieu of the plant requirements stated herein.

Temporary shall mean established for a fixed period of time, with the intent to discontinue upon the expiration of the time period.

Temporary structure shall mean a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Including but not limited to, construction trailers and associated facilities subject to approval by the city council.

Temporary use shall mean a use established for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period.

Tenant shall mean an occupant of land or premises, who occupies, uses and enjoys real property for a fixed time, usually through a lease agreement with the property owner and with the owner's consent.

Tennis court shall mean an improved area used for playing tennis.

Textile recycling collection bin shall mean a self-service container designed to allow members of the general public deposit used textile items such as shoes, clothing, linens and draperies.

Textile recycling collection means the gathering and transportation of deposited textile items such as shoes, clothing, linens and draperies either for the purpose of resale or re-use for other purposes.

Theater shall mean a building or part of a building, devoted to showing motion pictures, or for dramatic, musical or live performances.

Therapeutic adult day care center shall mean an establishment for the care and therapeutic treatment of adults who need a protective setting during the day. Services may include social activities, self-care training, nutritional meals, a place to rest, and respite care. This definition does not include medical or dental office.

Tire store shall mean a retail establishment in which the principal use is the sale and repair of automobile tires and the minor repair of automobiles.

Townhouse shall mean a single-family dwelling of at least two (2) stories, designed in such a manner so as to provide direct access to the outside, no such unit is located over another unit, connected by one or more common fire resistant walls.

Toxic pollutants shall mean a combination of pollutants including disease-carrying agents which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism can cause death or disease, mutations, deformities, or malfunctions in such organisms or their offspring.

Trailer, see Mobile home.

Trailer court, see Mobile home park.

Transitional area shall mean an area which acts as a buffer between two (2) land uses of different intensity, providing a less intensive commercial usage in an area within one hundred (100) feet of a residential zoning district.

Travel trailer, see Recreational vehicle.

Trees shall mean self-supporting woody plants of a species having an average mature crown spread of fifteen (15) feet or greater when growing in the city, and having a trunk that eventually can be maintained in a clean condition, clear of lateral woody growth of five (5) feet or greater.

Triplex, see Dwelling, multiple-family.

Two-family dwelling, see Dwelling, two-family.

Understory shall mean assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.

Unity of title shall mean a document recorded in the office of the clerk of the circuit court of the 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.

Use shall mean any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on, in a building or other structure on a tract of land.

Use, accessory, see Accessory building, structure or use.

Use, conditional, see Special exception.

Use, permitted, see Permitted use.

Use, principal, see Principal use.

Use, public shall mean the use of any land, water, or building by a public agency for a public service or purpose.

Use, temporary, see Temporary use.

Variance shall mean a relaxation of the terms of this chapter 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 chapter would result in unnecessary and undue hardships.

Vegetation, see living plant material.

Vehicle shall mean any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, and mopeds.

Vehicular use areas shall mean areas used for parking, loading, circulation, storage and/or display of any type of vehicle.

Veterinary hospital shall mean an establishment where domestic animals are examined and treated by a person licensed by the state, and so qualified and authorized to treat diseases and injuries of animals. This term does not include the use of outside commercial kennels.

Video, see Arcade, games/video.

Vines shall mean plant material which normally requires support to reach mature form.

Yard shall mean a required open space clear from the ground upward, unoccupied and unobstructed by any structure, except for fences, walls, and hedges as provided herein.

Yard, corner shall mean a yard on the side of a corner lot, being the minimum horizontal distance between the lot frontage and any structure or any projections thereto.

Yard, front shall mean a yard extending across the front of a lot, being the minimum horizontal distance between the lot frontage and the front of the buildings.

Yard, interior shall mean a yard between any structure and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the structure of any projections thereto.

Yard, rear shall mean a yard extending across the rear of a lot, being the minimum horizontal distance between the rear property line and the rear of the building.

Yard, side shall mean the open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

Xeriscape shall mean the use of water conserving, drought tolerant landscaping, other appropriate plant material that does not require special attention to grow properly.

Zero lot line dwelling shall mean the location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

Zone shall mean a specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

Zoning board, see planning and zoning board of appeals.

Zoning map, see official zoning map.

(Code 1966, §§ 32-3, 32-41; Ord. No. 88-14, § 1, 6-27-88; Ord. No. 90-23, § 1, 9-10-90; Ord. No. 90-42, § 1, 3-4-91; Ord. No. 90-43, § 1, 3-18-91; Ord. No. 94-03, § 1, 7-25-94; Ord. No. 00-04, § 1, 5-15-00; Ord. No. 00-09, § 1, 5-15-00; Ord. No. 2002-01, § 1, 3-18-02; Ord. No. 2003-26, § 1, 10-20-03; Ord. No. 2003-35, § 1, 2-2-04; Ord. No. 2008-02, § 1, 9-15-08; Ord. No. 2010-09, § 1, 6-7-10; Ord. No. 2010-14, § 1, 12-6-10; Ord. No. 2011-04, § 1, 3-7-11; Ord. No. 2012-16, § 3, 10-15-12; Ord. No. 2018-04, § 1, 5-7-18; Ord. No. 2019-02, § 1, 4-15-19; Ord. No. 2019-03, § 1, 8-19-19; Ord. No. 2019-15, § 1, 12-16-19; Ord. No. 2020-07, § 2, 9-10-20; Ord. No. 2021-016, § 2, 12-13-21; Ord. No. 2022-23, § 2, 12-5-22; Ord. No. 2023-10, § 1, 11-6-23; Ord. No. 2023-14, § 1, 11-6-23; Ord. No. 2025-03, § 1, 3-17-25; Ord. No. 2025-04, § 1, 6-16-25; Ord. No. 2025-10, § 1, 8-4-25)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 16-2. - Purpose.

It is the purpose of this chapter to promote, protect and improve in accordance with present and future needs, the public health, safety, comfort, good order, appearance, convenience, morals and general welfare of the citizens of the city; to conserve the value of land, buildings, and resources; to protect the character and maintain the stability of residential, agricultural, business and industrial areas; and to provide for efficiency and economy in the process of development, for the appropriate and best use of the land, for preservation, protection, development, and conservation of the natural resources of land, water, and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public utilities and facilities, for promotion of the civic amenities of beauty and visual interest, and for promotion of developments as a means of achieving unified civic design by establishing zoning districts and by regulating the location and use of buildings, signs, and other structures, and land or water for trade, agriculture, industry, and residence, by regulating and limiting or determining the height, bulk, and access to light and air of buildings and structures, the area of yards, and other open spaces, and the density of use. It is also the purpose of this chapter to serve, in conjunction with other codes and regulations of the city, as the land development regulations which implement the Comprehensive Plan as required by Section 163-3202 of the Florida Statutes. To accomplish these objectives, the regulations and districts have been designed with reasonable consideration, among other things, for the character of the districts and their peculiar suitability for particular uses.

(Code 1966, § 32-1; Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-3. - Rules of interpretation.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Building" or "structure" includes any part thereof.

(b)

Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either" the conjunction shall be interpreted as follows:

(1)

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

(2)

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

(3)

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

(c)

Words importing the masculine gender shall be construed to include the feminine and neuter.

(d)

"Used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied."

(e)

"City" shall be construed as if the words "of Greenacres, Florida" followed the word "City," and shall extend to and include its several officers, agents and employees, and whenever reference is made in this Code to any office, officer, department or agency, it shall, unless otherwise specified, mean such office, officer, department or agency of the city.

(f)

"City council" shall be construed to mean the City Council of the City of Greenacres, Florida.

(g)

"Code" or "this Code" shall mean the Code of Ordinances for the City of Greenacres, Florida.

(h)

"County" shall mean Palm Beach County, Florida.

(i)

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

(j)

The word "shall" is mandatory, "may" is permissive.

(Code 1966, § 32-12; Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-4. - Severability.

It is declared to be the intention of the city that the several provisions of this Code are separable in accordance with the following:

(a)

If any court of competent jurisdiction shall adjudge any provision of this Code to be invalid, such judgment shall not affect any other provisions of this Code not specifically included in such judgment order.

(b)

If any court of competent jurisdiction shall adjudge any provision of this Code to not apply to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any property, building, or structure not specifically included in such judgment order.

(Code 1966, § 32-13; Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-5. - Comprehensive Plan consistent with Florida Statutes.

Pursuant to Chapter 163.3161, Florida Statutes, the city is required to adopt a Comprehensive Plan consistent with the requirements of the Local Government Comprehensive Planning and Land Development Regulations Act. The city adopted the 1989 Comprehensive Plan, as amended, pursuant to the requirements of Chapter 163.3161, Florida Statutes on November 13, 1989 as part of Ordinance 89-10. Consistent with the provisions of Chapter 163.3194, Florida Statutes, all subsequent amendments to the 1989 Comprehensive Plan shall also be in compliance with Chapter 163.3161, Florida Statutes.

(Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-6. - Zoning Code consistent with Comprehensive Plan.

Pursuant to Chapter 163.3202, Florida Statutes, the city is required to adopt land development regulations which are consistent with the adopted 1989 Comprehensive Plan, as amended, of the City of Greenacres. By the adoption of this Zoning Code, the land development regulations for the City of Greenacres are found to be consistent with the goals, objectives and policies of the city's 1989 Comprehensive Plan, as amended. As required by Chapter 163 Florida Statutes, all subsequent amendments to the Zoning Code shall be consistent with the city's 1989 Comprehensive Plan, as amended.

(Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-7. - Future land use and zoning of vacated areas.

Whenever any street, alley or other public way within the city shall have been vacated by action of the city council, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, alley or public way, such lands formerly within such vacated street, alley or public way shall automatically, and without further action of the city council, thenceforth acquire and be subject to the same future land use and zoning designations as are applicable to lands to which same shall attach.

(Ord. No. 2011-07, § 1, 6-6-11)

Sec. 16-8. - Future land use and zoning of annexed areas.

As provided in Florida Statutes, all property annexed into the city shall retain its existing Palm Beach County future land use and zoning designations until such time as city designations shall be approved in accordance with the provisions of this chapter. No permit for construction shall be issued for such annexed property until Greenacres future land use and zoning designations have been approved by the city council.

(Ord. No. 2011-07, § 1, 6-6-11)