Hallandale Beach City Zoning Code

This chapter shall be known and may be cited by the title of "Hallandale Beach Zoning and Land Development Code."

(Code 1980, app. A, art. I, § 1)

1. It is the purpose and intent of the city to provide land use planning and development criteria, standards and regulations to promote, protect and improve, in accordance with present and future needs, the public health, safety, comfort, good order, appearance, convenience, morals, law enforcement and fire protection and general welfare of the citizens and residents of the city to:
   1. Provide for orderly growth, development and environmental protection;
   2. Provide a vehicle of coordination for all planning and development decisions with area, county, regional, state and federal planning agencies and authorities;
   3. Prevent the overcrowding of land and avoid undue concentration of population; and
   4. Facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services.
2. It is further the purpose of this chapter to:
   1. Conserve the value of land, buildings and resources;
   2. Protect the character and maintain the stability of residential, commercial and industrial areas;
   3. Provide for efficiency and economy in the process of development for the appropriate and best use of all land for preservation, protection, development and conservation of our natural resources of land, water and air; and
   4. Provide for convenience of traffic and circulation of people and goods, for healthful and convenient distribution of population, for adequate public utilities and facilities, and for promotion of the civic amenities of beauty and visual interest.
      
      To accomplish these objectives and goals, the regulations and standards have been designed with reasonable consideration to carry out the foregoing legislative purposes and intent in the best interest of all citizens and residents of the city.
3. It is the expressed intent of the city in adopting this chapter to implement the adopted comprehensive plan or elements of such plan; and to that end this chapter is based on, related to, consistent with, and a means of implementation for, such plan or elements of such plan.

(Code 1980, app. A, art. I, § 2)

The provisions of this chapter shall apply to all land, water, buildings and structures now or hereinafter located in the territorial limits of the city.

(Code 1980, app. A, art. I, § 3)

This chapter, together with the adopted comprehensive plan or elements of such plan, shall fully regulate and control all land development in the city; and no land development shall take place in the city except in conformity with the provisions of this chapter, and this chapter shall be enforced by any means provided by law or this chapter. The issuance or granting of any permit or approval shall not be deemed or construed to be a permit for or an approval of any violation of this chapter, and the issuance of such a permit or approval shall not prevent the appropriate city official from thereafter requiring the correction of the permit or approval to bring them in full compliance with this chapter.

(Code 1980, app. A, art. I, § 4)

Where this chapter may be in conflict with any other ordinances or resolutions, the provisions of this chapter shall govern unless any existing ordinances or resolutions are more restrictive or impose higher standards or requirements and have not been expressly repealed, in which event those restrictions shall apply.

(Code 1980, app. A, art. I, § 5)

1. If any section or provision of this chapter or any portion of this chapter, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this chapter as a whole or in part other than the part declared to be invalid, unless otherwise specifically provided in this section.
2. Whenever any condition or limitation is included in an order authorizing a conditional use, variance, waiver, exemption, exception, approval, extension or similar action, unless otherwise specifically provided in the order, it shall be conclusively presumed that the authorizing body or officer considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision of this chapter, and to protect the public health, safety and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful, binding and enforceable, and if the imposition of such condition or limitation is declared invalid by a court of competent jurisdiction, the authorization is revoked.
3. Wherever this chapter provides for the granting of a conditional use, variance, waiver, exemption, exception, extension or similar action, subject to meeting certain standards, requirements and procedures set forth in this chapter, it shall be conclusively presumed that such provision is nonseverable from the standards, requirements and procedures that pertain to it, and that such provision would not have been made a part of this chapter except subject to such standards, requirements and procedures; and if a court of competent jurisdiction shall declare any of such standards, requirements or procedures to be invalid, such decision shall invalidate the provision to which such standards, requirements or procedures pertains.

(Code 1980, app. A, art. I, § 6)

1. The rules stated in this section for the construction of language shall apply to the text of this chapter.
2. The particular shall control the general. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or summary table, the text shall control.
3. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
4. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.
5. A building or structure includes any part. The term "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
6. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected to the conjunction "and," "or," or "either…or," the conjunction shall be interpreted as follows:
   1. The term "and" indicates that all the connected items, conditions, provisions, or events shall apply.
   2. The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
   3. The term "either…or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.
7. The term "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Code 1980, app. A, art. II, § 1)

The following words, terms and phrases mean:

Abandon means to discontinue a use for more than 180 consecutive days.

Accessory dwelling means a second dwelling on a single lot. Where permitted, an accessory dwelling is limited in size and is located in an accessory structure, or within the principal building, in a manner that retains the appearance from the street of the principal building.

Accessory retail sale means a use which is incidental to and serves the principal use, and is limited to no more than 25 percent of the total industrial or warehouse floor area of the principal building, and where the sale of goods and merchandise is limited to those products manufactured and/or assembled in the building.

Accessory use or structure means a use or detached structure on the same lot or parcel under the same ownership, and of a nature customarily incidental and subordinate to the principal use or structure. An accessory use or structure:

1. Is subordinate to and serves the principal building or principal use.
2. Is subordinate in area, extent or purpose to the principal building or principal use served.
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.
4. Is located in the same zoning district as the principal building or principal use served.

Uses which are not customarily incidental to residential use or which attain the proportion of a principal use are not permitted as an accessory use. The character of the building determines what are the customarily incidental uses which are permitted in connection with its use; and the character of the accessory structure is determined by its main, principal and dominant use.

Accessway means a means of providing ingress or egress of vehicular traffic between a public right-of-way and driveway.

Acre means a parcel of land or water which has a horizontal plane area of 43,560 square feet.

Acreage, net, means the horizontal plane area of a lot or parcel of land, exclusive of public road rights-of-way and easements, public use area dedications, lakes and watercourses, and any other easement constituting a substantial impairment of the fee.

Act means the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161—163.3211.

Adult bookstore means an establishment having a substantial or significant portion of its stock in trade in books, magazines, periodicals, still or motion pictures, video cassettes, CD-ROMs, laser disks, digital video disks, instruments, devices or paraphernalia, or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. A substantial or significant portion of its stock in trade shall be deemed to occur when:

1. Twenty-five percent or 400 square feet (whichever is less) of the floor area of the establishment contains the items listed above; or
2. The items listed above comprise at least 25 percent of the value of the stock in trade of the establishment.

Adult cabaret or theater means an establishment, whether licensed for sale of alcoholic beverages consumed on the premises or not, presenting performances or other live activity having as a dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

Adult entertainment business means any body rub or bathhouse establishment, adult bookstore, adult motion picture theater, adult mini motion picture theater, adult cabaret or theater, escort service, body painting studio, encounter parlor, sex consultation business, nude photography studio, nude modeling business, nude dancing studio, dating service, or any other similar adult entertainment business. "Dating service," "escort service," "body painting studio," "encounter parlor," "sex consultation business," "nude photography studio," "nude modeling business," "nude dancing studio," or any other similar adult entertainment business, however styled, means, without limitation, any place of business which advertises or conducts activities for compensation, that are designed or intended to establish a sexual or social communication, engagement or relationship, whether on or off the premises, between its clients and its employees.

Adult mini motion picture theater means an enclosed building with a seating capacity for less than 50 persons, used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified anatomical areas or specified sexual activities for observation by patrons.

Adult motion picture theater means an enclosed building with a seating capacity of 50 or more persons, or an open-air drive-in facility of any size or capacity, used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

Alcoholic beverage establishment means any establishment devoted primarily to the sale of alcoholic beverages for consumption on the premises.

Alley means a through public right-of-way less than the minimum required street width which affords only a secondary means of access to abutting property and is commonly located to the rear of a property.

Alteration means any change, rearrangement, enlargement, extension, or reduction of any structure on the same site.

Amusement machines means electronic game machines or devices, including video games; other amusement devices, including but not limited to jukeboxes, pinball or any other mechanical machine, other than those dispensing merchandise, coin-operated or otherwise.

Anatomical areas, specified, means:

1. Less than completely and opaquely covered:
   1. Human genitals and pubic regions;
   2. Buttock; and
   3. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Animal hospital means a facility which provides for the medical and surgical care of animals.

Antenna means a transmitting and/or receiving device used in communications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omnidirectional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite dish antennas.

Antenna, roof-mounted, means an antenna mounted above the roofline of a building or portion of buildings designed for human occupancy or use, excluding elevator shafts, air conditioning units or other mechanical or functional features.

Assisted living facility means any building or part of a building which undertakes through its ownership or management to provide housing, meals, and personal services to one or more adults who are not relatives. Assisted living facilities require licensing under F.S. ch. 429.

Awning means an accessory structure, either permanent or retractable, which is supported by an open framework and is covered by cloth, vinyl, metal or similar material.

Bar means the same as "Alcoholic beverage establishment."

Bed-and-breakfast inn means a public lodging establishment classified and licensed in accordance with F.S. § 509.242 that has these additional characteristics: five or fewer guest rooms, food service is limited to breakfast for overnight guests, guest rooms may not be occupied for more than 30 continuous days by the same occupants, and the owner or manager resides on the prem ises. A bed-and-breakfast inn may be located in a single building or in a cluster of separate buildings.

Blighted area means an area in which there are a substantial number of slum, deteriorated or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use:

1. Predominance of defective or inadequate street layout;
2. Faulty lot layout in relation to size, adequacy, accessibility or usefulness;
3. Unsanitary or unsafe conditions;
4. Deterioration of site or other improvements;
5. Tax or special assessment delinquency exceeding the fair value of the land; and
6. Diversity of ownership or defective or unusual conditions of title which prevents the free alienability of land within the deteriorated or hazardous area.

Body rub or bathhouse establishment means any establishment having a fixed place of business, other than a massage establishment licensed and regulated under F.S. ch. 480, which advertises or administers, as a substantial or significant portion of its business activity, without limitation, baths, showers, sauna baths or similar devices.

Breast height means a height of 4½ feet above the natural grade.

Buildable area means that portion of a site within the yard area on which a structure or improvements may be erected.

Building means any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building permit means any permit for the erection or construction of a new building required by section 301.1 of the South Florida Building Code, 1977, Broward Edition, as amended, or any permit for an addition to an existing building which would:

1. Create one or more additional dwelling units; or
2. Involve a change in the occupancy of a building as described in section 104.7 of the South Florida Building Code, 1977, Broward Edition, as amended.

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

Building trade shop means a shop where a trade is practiced, and where materials are prepared, assembled or otherwise processed, usually to specifications, for use in the interior or exterior construction or improvement of buildings, and includes but is not limited to the shops of a cabinetmaker, carpenter, electrician, plasterer, plumber, roofer, stonecutter, welder, glass company, or other building contractor.

Caliper, means the measuring of young grade trees under four inches in diameter, the trunk diameter measured at a height of six inches above natural grade. Used to measure young, nursery grade trees (for mature trees see "Diameter at breast height (DBH)").

Caliper, tree, means the diameter at breast height (DBH) of the trunk of all trees 4½ feet above the ground.

Canopy coverage means the areal extent of ground within the dripline of the tree.

Cargo container means a standardized, reusable vessel used in the transportation of freight and capable of being mounted and moved on a rail car, or mounted on a chassis for movement by truck trailer or loaded on a ship.

Church means the same as "Place of worship."

Civic open space means a small outdoor space that is maintained as an urban amenity and is accessible to the general public. Civic open spaces may be constructed and maintained by government agencies but are usually constructed by landowners during the development process (see section 32-202). Civic open spaces typically take the form of a green, a plaza, a playground, or a square.

Clinic, medical, means a facility, which provides only for outpatient treatment and has no overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other health care practitioner.

Club, private, means a building or facility owned or operated by associations and organizations of a social or fraternal character not operated for profit. Private clubs shall not include nightclubs or any other institutions operated as a business.

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

Communication tower means a guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite dish antennas.

Comprehensive land use plan means the adopted future land use plan element of the city which meets the requirements of the county land use plan and of F.S. § 163.3177.

Conditional use means a use which, when specifically listed as such, may be permitted with certain stipulated conditions that will serve to ensure that the use will assimilate more properly into the neighborhood without negative effects. Additional unlisted conditions may also be required if deemed appropriate by staff, the planning and zoning board, and the city commission.

Consignment shop means an establishment wherein goods such as clothing, shoes and/or accessories for adults and/or children are sold by the operator of the shop, acting as the agent for the owner of such goods, in return for a percentage of the profits, or other consideration. Such goods may be comprised of used goods and/or new goods. As used within this definition, "used goods" shall be limited to wearing apparel and accessories to such apparel, which are clean and not stained, abraded or worn out in any area, and which (but for the sole fact that the item was previously owned) are generally merchantable as first quality merchandise.

Contractor and trade operation means an establishment that is primarily engaged in providing an off-site service but which maintains a business office and inventory or equipment at a central location, such as a general contractor or subcontractor, pest control operator, caterer, surveyor, etc. This term applies to the central RAC zoning district and Hallandale Beach Boulevard district only.

Convalescent home means the same as "Nursing home."

County commission means the Board of County Commissioners of Broward County.

County land use plan means the future land use plan element for all the county adopted by the county commission in conformance with the requirements of the county charter and F.S. § 163.3177.

Cul-de-sac means a public or private street or driveway having one end permanently terminated. That end shall be designed in a circular configuration providing a radius greater than that of the street right-of-way which can accommodate vehicular turning in one continuous forward movement.

Day care center means any establishment which provides for the care of more than five children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care wherever operated and whether or not operated for profit. The term shall also include nurseries and kindergartens, but not foster homes.

Density means the number of residential dwelling units permitted based upon a prorated per acre ratio as prescribed in each residential zoning district. Permitted density is always expressed as dwelling units per net acre.

Destruction of the natural habit of growth means pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, and is a danger to the public or property.

Developed means that point in time when the building and site have received final inspections.

Development means the construction or reconstruction of a building or structure, the alteration of a building or structure so as to increase its size or capacity, the relocation of any existing building or structure on another parcel, the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land, or the use of land for any uses, or any change of use or establishment of any new uses. Existing development is that existing on the effective date of this chapter, and new development is that for which the necessary permit is issued after the effective date of this chapter, or, if a permit is not required, which is commenced after the effective date of this chapter.

Development permit means any building permit, subdivision, or plat approval, rezoning, variance or other official action of a unit of local government having the effect of permitting the development of land, but does not include any variance or other official action necessary solely for the purpose of issuing a permit, other than a building permit, pursuant to the South Florida Building Code, 1977, Broward Edition, as amended.

Development review means the process of reviewing applications for development to ascertain compliance with all land use controls, to ensure a high-quality site design, and to evaluate potential project impact.

Diameter at breast height (DBH) means the diameter of a tree's trunk measured at a height of four and one-half feet above natural grade. The DBH of trees with multiple trunks shall be the sum of the individual trunk diameters at four and one-half feet. Used to measure the size of mature trees (for young trees see caliper).

Director means the city manager or those to whom he has charged the interpretation, administration or enforcement of this chapter or selected portions of this chapter.

Dripline means an imaginary perpendicular line that extends downward from the outermost tips of the tree branches to the ground; however, the line shall not be less than a circle with a five-foot radius measured from the center of the tree.

Drive-through facility means any establishment that provides physical facilities which allow its customers to obtain food or goods, receive services, or be entertained while remaining in their motor vehicles.

Driveway means a private roadway which provides a primary means of access to off-street parking and loading stalls.

Dwelling means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

1. Dwelling, single-family, means a building containing only one residential dwelling unit.
2. Dwelling, two-family (duplex), means a building or property containing two residential dwelling units.
3. Dwelling, multi-family, means a building or property containing three or more residential dwelling units.
4. Dwelling, townhouse, means the same as "Townhouse."
5. Dwelling, work/live, means the same as "Work/live unit."

Easement means a grant by a property owner of the use of all or part of his land to another party for a specific purpose.

Effectively destroy means to cause, suffer, allow or permit any act which causes a tree to die or go into a period of unnatural decline within a period of one year from the date of the act. Acts which may effectively destroy a tree include but are not limited to damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage intentionally inflicted on the tree permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree, the infliction of a trunk wound that is 50 percent or greater of the circumference of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the tree.

Effluent means pollutants emitted from any source.

Establishment means a place of commercial or industrial enterprise with its furnishings and staff.

Facade means the entire building front, including the parapet.

Family means one or more persons occupying a dwelling, not more than three of whom are unrelated to each other by birth, adoption, or marriage.

Family entertainment center is a use applicable only to the Central RAC, which means an entertainment center catering to families, which includes, but is not limited to, such entertainment uses as bowling lanes, arcade and video games, with redemption prizes and some form of food and beverage, among other things to do.

Fence (wall) means any construction of wood, metal, wire mesh, masonry or other material, erected for privacy, protection, ornamentation, enclosure or screening.

Floor area, gross, means the total horizontal area of all floors, including but not limited to fully enclosed porches, hallways, storage rooms, stairwells, breezeways, elevator shafts and utility rooms, measured from the exterior faces or columns of the exterior walls of a building.

Florida-Friendly landscaping means quality landscapes that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind, and/or salt tolerant. The principles of Florida-Friendly landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection.

Food truck means the preparing, cooking, serving, or selling of food performed from a cargo container, food stand, movable cart, vehicle, truck, van, or trailer. Each cargo container, food stand, movable cart, vehicle, truck, van, or trailer shall be considered a food truck for purposes of this section.

Food truck venue means one or more food trucks located on private property.

Foodstore means a business establishment which sells meats, beverages, produce and other food products at retail to the general public.

Foodstore, convenience, means a foodstore which contains 3,000 square feet of gross floor area or less and usually maintains extended operating hours for the convenience of the public.

Frontage means the boundary line of a lot bordering on a public road right-of-way, exclusive of alleys. It is also the front property line.

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

Garage, public parking, means a building or structure for the temporary storage of vehicles, available to the public and operated either as a private business or a government service.

Garage, repair, means a building or establishment wherein the major repair of vehicles and vehicle-related accessories is conducted. The sale of fuels and motor oils and the rental of trailers may be permitted.

Garden shop means a place for the outside storage, display and retail sale of plants, horticultural materials and garden supplies to the general public, generally for improving dwellings and yards, but not including building construction material and supplies, such as raw lumber and cement.

Government uses means administration and services typically provided by government agencies, including police and fire stations, but not including transportation or public works facilities of a quasi-industrial nature.

Grade, finished, means the finished elevation of a site after all fill, land balancing or site preparations have been completed.

Gross floor area means the same as "Floor area, gross."

Ground covers includes plant materials which reach a maximum height of not more than 12 inches and may be used in lieu of grass. Ground covers must present a finished appearance and reasonably complete coverage at time of planting.

Guyed tower means a communication tower that is supported, in whole or in part, by guy wires fastened to supports.

Hardware store means a business establishment which sells at retail to the general public goods and supplies which are generally employed in maintaining or improving dwellings and yards, but not including heavy construction supplies, such as raw lumber and cement materials.

Hatrack means to flat cut the top or sides of a tree, to sever the leader or leaders, or to prune a tree by stubbing of mature wood, except where removal of branches is necessary to protect property and public safety.

Health care practitioner shall mean a physician who is currently licensed by either the Florida Board of Medicine or Board of Osteopathic Medicine and his or her staff.

Hedges means the same as "Shrubs."

Height (building) means, in special flood hazard zones or coastal high-hazard zones, a measurement from the minimum established 100-year flood elevation and in other zones from 18 inches above the highest point of the crown of all adjacent streets, to the highest point of the roof. In the Central RAC and West RAC zoning districts, building heights are regulated by the number of stories; see section 32-194(a).

Height (fence, wall or hedge) means the vertical distance determined by measuring from the finished grade on either side of a wall, fence or hedge, at any point to the highest point of the wall, fence or hedge, including attached ornamentation or fixtures, whichever measure is greater, provided that decorative berms on the exterior or interior face of a fence, wall or hedge shall not be used as a device to artificially reduce the calculated height of a fence, wall or hedge.

Historical tree means a particular tree or group of trees which has historical value because of its unique relationship to the history of the community.

Home improvement center means a business establishment which sells at retail to the general public goods and supplies which are generally employed in maintaining or improving dwellings and yards, including heavy construction materials such as raw lumber and cement materials, within a totally enclosed structure only.

Home occupation means any activity carried out for gain within a dwelling, by persons residing in the dwelling unit, which use is accessory and incidental to the use of the dwelling for residential purposes, and is in accordance with the provisions of article III, section 32-191.

Hotel means a building or buildings under single management, licensed by the state, containing five or more sleeping rooms or suites of sleeping rooms, offered to the general public for transient lodging accommodations, and access to the sleeping rooms is through an inside lobby or office. Each room with a key must be counted as one room.

Hotels may include, but are not required to include amenities such as restaurants, coffee shops, bars, exercise rooms, spas, meeting rooms and limited shopping areas. The word "hotel" shall include hotels, motels, condominium hotels ("condo-hotels"), suite hotels, extended stay hotels, and time shares. The determination that a building is a hotel shall be made without regard to the form of ownership of the property or of units therein, and it shall be immaterial whether the right of use of occupancy is derived from a leasehold or fee interest. Compliance with restrictions, conditions and limitations set forth in this definition shall be certified by the licensee at the time of issuance and payment of the city business tax.

Transient and business related activities have different impacts on governmental services, facilities and infrastructure (i.e., density, traffic, parking, schools, homestead exemptions, etc.). As such, this regulation is to ensure that the land use and business operation of condo-hotels, hotels and motels remain an exclusively commercial enterprise, and not a residential use. Notwithstanding any references, regulations and guidelines set forth in the city's Code of Ordinances, the aforementioned definition of condo-hotel is the exclusive definition. Further, in addition to any existing regulations relating to hotel/motel development found elsewhere in the zoning and land development regulations, the following criteria shall apply to all condo-hotels, hotels and motels. Failure to meet any of the following criteria will prevent a condominium property or parcel from being deemed a "condo-hotel", and, if the condominium property or parcel is comprised of a condominium form of ownership used for sleeping accommodations without meeting the following criteria, the use will be deemed a violation of City Code subject to enforcement action by the city in accordance with chapter 9:

1. Cooking facilities may only be offered in hotels that provide a minimum of 50 sleeping rooms.
2. Cooking facilities in units of less than 500 square feet shall be limited to one microwave oven, one coffee maker, and one miniature refrigerator.
3. Water utility meters for individual units are prohibited. Sub-meters for individual units are permitted, subject to the city utility department's approval. Such sub-meters shall not interfere with the city utility infrastructure or billing, and shall adhere to the city utility department's standards and specifications. Operation and maintenance costs of sub-meters for individual units are the owner's sole responsibility.
4. Hotels must offer and have available customary daily maid service, linen service, back of house services, and other hospitality services.
5. No more than five percent of the hotel rooms shall be occupied for more than 90 continuous days by the same occupant. Violation of this section shall result in a penalty that amounts to 50 percent of the hotel renewal application fee. The penalty is to be paid by the owner or through the owner's agent at the time of renewal.
6. Rooms shall not be used for homesteading purposes or home occupation.
7. Notwithstanding other length of stay limitations in this provision, one room may be used on a full-time basis by a resident manager(s), and if applicable, subject to the governance of the condominium association and its rules, regulations and bylaws.
8. Owner-occupation. Rooms in a condo-hotel may not be occupied by their owner(s) for more than a total of 180 days in any consecutive 12-month period, except the resident manager room. Violation of this section shall result in penalties. Fees for violation are kept on file in the city clerk's office.
9. All rooms in a condo-hotel shall be used for transient accommodations.
10. State licensing will be required of all hotels through all applicable state and local agencies that license hotels. All licenses must be kept current.
    1. A business tax must be paid for each business operating a hotel property and must be kept current.
    2. A City of Hallandale Beach Hotel Registration Certificate for each business operating a hotel property must be obtained annually. Fees for said registration are kept on file in the city clerk's office.
11. All hotel guests, including condo-hotel owner, shall be required to register with the hotel front desk noting arrival date and departure date information.
12. There shall be a lobby/front desk area that is internally oriented and must be operated as a hotel/motel.
13. There shall be a uniform key entry system, operated by management or hotel staff to receive and disburse keys for each condo-hotel room.
14. There must be one central telephone system, operated by management or hotel staff in order to access each condo-hotel room.
15. All rooms shall be subject to all applicable state and local tourist tax collections when rented.
16. All hotels must have approved signage viewable by the general public designating the property as a hotel or motel.
17. Developer agreement terms related to hotels/motels, and condo-hotel establishments shall also be subject to the terms of the regulations, herein.
18. Should a facility apply to convert from a hotel to multi-family residential building, an application must be submitted and the minimum and average unit size, parking, density, and all other zoning requirements for the underlying residential district shall be met.
19. The books and records of the hotel, pertaining to the rentals of each room in the condo-hotel or hotel/motel facility shall be open for inspection by authorized representatives of the city, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.
    1. Each registered business operating a hotel property in the city limits must complete and submit a "Hotel Registration Affidavit" on a quarterly basis to certify compliance with the provisions of these regulations.

Hotline facility means a facility providing telephone communication to substance abuse victims and the public in the form of information about drugs, treatment facilities, emergency needs and personal problems.

Impact area means the public facility or service or portion of a public facility or service receiving a substantial impact from a proposed development. The scope of the impact area may range from a citywide facility or service to a facility affecting only the subject property, dependent upon the specific facts and circumstances of each individual application.

Impervious area means a surface area that does not allow, or allows only with great difficulty, the penetration of water under normal surface pressure, causing runoff.

Junk means inoperative, dilapidated, abandoned or wrecked materials, including but not limited to automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts of vehicles, scrap materials, scrap building materials, scrap contractors' bottles, glass, old iron, machinery and the like.

Kennel means a structure or parcel of land where five or more domestic animals, at least two months of age, are bred, boarded, trained or sold.

Land means the earth, water and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land clearing means the clearing of vegetation and soils for the purpose of land development activities.

Land use means the development that has occurred on the land, the development that may be proposed on the land, or the use that is permitted or permissible on the land under the county land use plan, the city's certified land use plan, land development regulations or a land development code, as the context may indicate.

Landscape area means the horizontal area measured in square feet, which is established, improved and maintained with lawful landscaping materials.

Landscaping means any of the following: materials such as but not limited to grass, ground covers, shrubs, vines, hedges, trees or palms; other ancillary material, such as rocks, pebbles, sand, and similar decorative or supportive materials which contribute to the health and biological productivity of such landscaping features, but not including artificial materials such as plastic or silk flowers and similar lifeless products intended as substitutions for living plants.

Lawn grass means all species normally grown as permanent lawns in the county. Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in areas subject to erosion. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

Loading space means a space which provides for the loading or unloading of service vehicles.

Lot means a parcel of land intended for use under the terms of this chapter. For the purposes of this chapter, a lot shall have frontage on an improved public street or an officially approved private street. For zoning purposes, a lot may consist of:

1. A combination of complete lots of record.
2. A combination of complete lots of record and portions of lots of record.
3. Portions of lots of record, provided that such lots or combinations of lots are sufficient size to meet the requirements of the zoning use district in which located.
4. Single lots of record.
5. Parcels of land defined by metes and bounds description where such parcels are in conformity with this chapter and other laws of the city.

Lot area means the horizontal plane area within the lot lines expressed in this chapter in square feet or acres, exclusive of public dedications.

Lot, corner, means a lot located at the intersection of two or more intersecting streets. For the purpose of this chapter, a lot abutting upon a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

Lot coverage means the area of the lot covered by the ground floor of all principal and accessory uses and structures, including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures. Lot coverage shall also include all impervious surfaces such as driveways, parking areas, walkways, swimming pools, patios, terraces, and the like.

Lot depth means the average horizontal distance between the front and rear lot lines; the horizontal length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot.

Lot, frontage, means the same as "Frontage."

Lot, interior, means a lot other than a corner lot, with only one frontage on a street other than an alley.

Lot line means the legal boundary line of a lot.

Lot of record means a platted lot which is part of a subdivision recorded in the official plat and records book of the county.

Lot, through, means a lot other than a corner lot, with frontage on more than one street other than an alley. Through lots may also be referred to as double-frontage lots. For the purposes of this chapter, front and rear yards for through lots shall be as determined by the director based on the established character of the neighborhood.

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

Lounge means the same as "Alcoholic beverage establishment."

Mansard means a sloped roof or rooflike facade treatment architecturally capable of being treated as a building wall or facade.

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, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. The term shall be interpreted in accordance with F.S. § 381.986 and Chapter 64-4 of the Florida Administrative Code.

Marina means a facility for storing and securing pleasure boats but which does not include provision for fueling, sleeping, or commercial fishing boats.

Marquee means any hood, awning or canopy of permanent construction projecting from the wall of a building.

Massage services are defined as services involving the manipulation of the superficial tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device.

Massage therapy services establishment is defined as an establishment where massage services are performed, as a principal or accessory use, which is duly licensed under F.S. ch. 480.

Maximum or minimum means the greatest degree of compliance with the regulation or requirement that is physically and economically feasible and consistent with current professional standards and practices, and the reasonable necessity of the developer in carrying out the permissible use of the land. Mere use of these terms, without more, shall not always mean that something is either required or permitted unless that conclusion is reached by applying these terms as defined and qualified.

Mean high water line means the intersection of the tidal plane of mean high water with the shore as defined in the current Florida Statutes.

Medical marijuana treatment center dispensing facility means any facility where medical marijuana or any product derived therefrom is dispensed at retail. The term shall be interpreted in accordance with F.S. § 381.986 and Chapter 64-4 of the Florida Administrative Code.

Merchandise display means specialized display racks, mannequins, carts, tables, clothing racks, shelves, freestanding product displays, and specialized shelves and racks.

Methadone maintenance facility means a facility which dispenses methadone as part of the rehabilitation process. In addition, it may provide ancillary rehabilitation services, including counseling to groups and individuals, vocational training and placement, and other appropriate approaches aimed at affecting positive lifestyles to the opiate addict.

Microwave dish antenna means a dishlike antenna used to link communication sites together by wireless transmission of voice or data.

Minor arterial means all arterials other than principal arterials.

Mobile home means a manufactured detached, transportable, single-family dwelling unit designed for longterm 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 connection provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit.

Mobile home site means any space, lot or plot of ground within a mobile home park designated for the accommodation of one mobile home.

Monopole tower means a communication tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires or additional supports.

Native vegetation means any plant species with a geographic distribution indigenous to all, or part, of South Florida. And which are described as being native to South Florida in botanical manuals such as, but not limited to, the Guide to the Vascular Plants of Florida, R.P. Wunderlin, 1998, University Press of Florida, Gainesville or the Atlas of Florida Vascular Plants.

Nonconforming building or structure means a structure or building lawfully existing at the time of the passage of this chapter or amendment to this chapter, which does not conform to the site development standards of area, height, lot coverage, yard setbacks, lot location, or other like requirements of this chapter.

Nonconforming lot means a single lot which was in existence at the time of the adoption of this chapter, even though such lot fails to meet the requirements for area, width or depth; but minimum yard dimensions and setbacks of the lot shall conform to the property regulations for nonconforming lots.

Nonconforming use means a land use lawfully existing at the time of the passage of this chapter, or amendment to this chapter, which does not conform to the provisions, requirements and regulations of this chapter.

Nursery means the same as "Day care center."

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

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

Office means a building, room, or space where clerical or administrative activities are performed or wherein specialized services such as the offices of a doctor, dentist, lawyer, engineer, architect, chiropractor, osteopath, and real estate are provided.

Office, medical, shall mean a medical clinic.

Offices, limited, has the same meaning as "office" as defined by this code, except that the establishment contains less than 1,000 square feet of enclosed floor area and does not contain any medical uses or pain management clinics. This term applies to the Central RAC zoning district only.

Official zoning map means the official zoning map of the city which depicts the territorial application of zoning use district classifications as established within this chapter.

Off-site, for tree relocation and tree replacement, means any location in excess of one mile from the tree's original location.

On-site, for tree relocation and tree replacement, means any location one mile or less from the tree's original location.

Open space means any portion of a lot or parcel unencumbered by either principal or accessory uses, buildings, structures and all other impervious surfaces. This definition shall not be construed to relate to the recreation and open space district.

Overlift means the removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio may be considered as evidence of overlifting.

Pain management clinic shall mean a type of medical clinic or medical office which is not affiliated with any hospital, hospice or other facility for treatment of substance abuse or of the terminally ill, and provides services by a health care practitioner, which, individually or collectively, are intended to reduce or manage pain through prescription of or dispensing of controlled substances identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035 or 893.0355.

Palm means a plant belonging to the monocot order, of the family Palmae, distinguished by having unbranched single or multi-trunks crowned by large compound pinnate or palmate leaves/fronds.

Panel antenna means a flat, rectangular antenna or array of antennas designed to concentrate a radio signal in a particular area.

Parapet means a false front or wall extension above the roofline.

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

Parking lot means an open area used exclusively for the temporary transient storage of licensed private passenger vehicles for personal transportation, which their operators are engaged in other activities, whether or not a fee is charged. It shall not include storage of new or used cars for sale, service, rental or any purpose other than specified in this definition. "Parking" shall apply only to open-air storage of automobiles. Some zoning districts specify that parking lots may be a principal use of land; such parking lots must meet the standards that are provided in sections 32-453 and 32-454 for other off-street parking lots.

Parking lot, interim, means a lot or lots used as a parking lot serving nearby businesses or residences until redevelopment occurs. Some zoning districts specify that interim parking lots may be a principal use of land; such parking lots must meet the special requirements for interim parking lots in section 32-458.

Parking space means an area, enclosed or unenclosed, measuring ten feet by 20 feet sufficient in size to store one vehicle. Handicapped spaces shall be 12 feet by 20 feet.

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

Pervious area means a surface area that allows, without great difficulty, penetration by water.

Pervious paving materials means a porous asphalt, concrete or other surface and a high-aggregate base which allows for rapid infiltration and temporary storage of rain or runoff delivered to paved surfaces such as concrete grid pavers, pervious brick pavers, pervious travertine, pervious concrete, and porous asphalt.

Pet shop means a retail or wholesale establishment dealing in dogs, cats, hamsters, birds, tropical fish and other small animal life which are commonly owned as household pets. Animals which have a generally accepted group reputation of hostile or dangerous inclinations towards humans, such as snakes and lions, shall not be maintained or sold on the premises.

Pharmacy, retail shall mean a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs prescribed by a health care practitioner, nonprescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. All pharmacies shall be staffed by a state licensed pharmacist. Pharmacies include a community pharmacy, an institutional pharmacy, a nuclear pharmacy or a special pharmacy as defined by F.S. ch. 465, § 465.003 as amended from time to time.

1. The term "community pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis.
2. The term "institutional pharmacy" includes every location in a hospital, clinic, nursing home, dispensary, sanitarium, extended care facility, or other facility, hereinafter referred to as "health care institutions," where medicinal drugs are compounded, dispensed, stored, or sold.
3. The term "nuclear pharmacy" includes every location where radioactive drugs and chemicals within the classification of medicinal drugs are compounded, dispensed, stored, or sold. The term "nuclear pharmacy" does not include hospitals licensed under F.S. ch. 395 or the nuclear medicine facilities of such hospitals.
4. The term "special pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored, or sold if such locations are not otherwise defined in this subsection.

Place of worship means a building, including a church, synagogue or other house of religious worship, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious organization. Permitted accessory uses shall be offices, day care, pastor's residence, school, hall, thrift shops and related facilities. Rescue missions, tent revivals and other temporary assemblies are not included in this definition.

Plan means the comprehensive plan of the city as it meets the criteria of the Local Government Comprehensive Planning and Land Development Regulation Act and this chapter.

Planning and zoning board means the advisory body to the city commission with only those powers established in this chapter and as may be granted to it by the city commission.

Plant material means plant material in conformance with the standards for Florida No. 1 or better as given in the current "Grade and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, or its equal.

Plat of record means a plat which conforms to all the requirements of the applicable laws of the state and this chapter and has been filed and recorded in the applicable office of the clerk of the circuit court.

Plat of survey means a recent document prepared, signed, sealed and dated by a registered land surveyor setting forth a scale drawing of the subject property, including all bodies of water, fences, and any other physical obstructions or structures, a metes and bounds description of the property, and a statement of the acreage.

Potable water means water satisfactory for drinking, culinary and domestic purposes, meeting the quality standards of all applicable federal, state and local regulatory authorities.

Principal arterial means a route which generally serves the major centers of activity of an urban area, the highest traffic volume corridors, the longest trip purpose and carry a high proportion of the total urban area travel on a minimum of mileage. U.S. Highway 1, Pembroke Road, A1A, and Hallandale Beach Boulevard shall be principal arterials.

Principal use means the primary or predominant use of any lot, building or structure.

Property line means the same as "Lot line."

Property line, front, means the same as "Frontage."

Property line, rear, means a property line opposite and most distant from the front property line. For a triangular lot, the rear property line shall mean a line ten feet in length within the lot parallel to the front property line and at the maximum distance from it.

Property owners' association means a nonprofit organization recognized as such under the laws of the state operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically subject to a charge for a prorated share of expenses either direct or indirect for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas or other similar properties. Within the text of this chapter, a property owners' association is considered a single entity for property ownership.

Protective barrier means a physical structure at least four feet in height limiting access to a protected area, composed of wood or other suitable materials which assures compliance with the intent of this chapter.

Prune means to cut away, remove, cut off or cut back parts of a tree.

Public notice means the legal advertisement given of an action or proposed action of a governing body or designee as set forth in these regulations or applicable statute of the state.

Rap house means a youth-oriented facility acting as a reception center for drug-involved young people. It relies on the supportive service of peer involvement through rap sessions. It provides referral to other social services and medical agencies. The facility may be a storefront, house or building located within the social setting of the population served.

Rated capacity means the maximum capacity of the water treatment plant to produce potable water as evidenced by the permit of the state department of health and rehabilitative services.

Recreation vehicle means the following types of vehicles:

1. Travel trailer means a vehicular, portable structure built on a chassis and towed, designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified as a travel trailer by the manufacturer of the trailer; and, when factory equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.
2. Pickup coach means a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use.
3. Camping trailer means a collapsible temporary dwelling structure covered with a water-repellent fabric, mounted on wheels, and designed for travel, recreation and vacation uses.
4. Auto camper means a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and designed for travel, recreation and vacation uses.
5. All-terrain vehicles means dune buggies, swamp buggies and the like, whether or not licensed as recreation vehicles by the state.
6. Motor home means a fully self-propelled vehicle designed for use as both a temporary dwelling and transportation for travel, recreation and vacation uses.

Redevelopment area means a slum area or a blighted area or a combination of areas which the governing body designates as appropriate.

Removal means the cutting down, digging up, destroying, effectively destroying, or the unlicensed relocation of any tree.

Residential use means the same as "Dwelling."

Rest home means the same as "Nursing home."

Restaurant means an establishment where food and beverages are ordered from a menu, prepared, and served for pay, for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an interior or exterior court, including a cafeteria.

Restaurant, fast-food, means an eating establishment whose principal business is the sale of food and beverages in a ready-to-consume state for consumption on or off the premises, and whose operation includes food which is served or packaged in disposable containers through a drive-through window or for consumption by customers in parked motor vehicles as in drive-in restaurants.

Retail food establishment means an establishment in which the primary use is the sale of food for consumption off the premises and which may include tables and chairs as an accessory use as may be permitted by this chapter.

Retail sales are those establishments engaged in retail sales and rental of products. For the purpose of this chapter the term retail, retail sale or similar terms, shall mean a sale to the ultimate consumer (i.e., a sale for any purpose other than resale), and including but not limited to all transactions for which there is collected or due by the seller a sales tax pursuant to F.S. ch. 212, as it may be amended.

Right-of-way means the area of a highway, road, street or alley, or other such strip of land, reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or any other legal means.

Roof line means the top edge of the roof which forms the top line of the building silhouette or for flat roofs with or without a parapet, the top of the roof.

Rooftop photovoltaic solar systems means a system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack-mounted on a flat roof to convert sunlight into electricity.

Roominghouse means a building other than a hotel or motel where lodging, but not meals, is provided for compensation for not more than ten or less than three persons not of the immediate family.

Satellite antenna means an antenna, usually a dish antenna, whose purpose is to receive communication or other signals primarily from orbiting satellites.

Satellite dish antenna height means the height of the antenna or dish, measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna or dish.

Self-support/lattice tower means a communication tower that is constructed to be structurally self-supported by lattice-type construction without the use of guy wires or other supports.

Service station means any building, structure or land used primarily for the retail sale of any automobile fuels, oils or accessories, but not including major repair work such as motor overhaul, body and fender repair or spray painting. A service station may provide for the replacement of minor vehicle parts, such as spark plugs, batteries, mufflers, water hoses, fan belts, windshield wipers, brake fluid, lightbulbs, wheel bearings and fuel pumps and the conduct of minor servicing activities, such as washing, polishing, lubricating and minor engine tune-ups.

Setback means the same as "Yard setback."

Sexual activities, specified, means:

1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

Shade trees means dicot or conifer trees, usually with a single vertical stem or main trunk which naturally develop a distinct and elevated crown and provide at maturity a minimum shade crown of 15 feet in diameter.

Shape means the regular and frequent shearing of outer tree branches, making pruning cuts of one inch in diameter or less, for the purpose of controlling the size and shape of the tree canopy.

Shopping center means a parcel of land more than three acres in area containing common off-street parking and landscaping areas, and having two or more business establishments built on a site which is planned or developed as a unit. A shopping center shall have a primary use which is retail or is retail in combination with office and/or personal service establishments.

Shrubs and hedges mean self-supporting, woody, evergreen species with multiple stems produced from the base which grow to an overall height of less than ten feet in South Florida. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen.

Sidewalk or sandwich sign means a movable sign not secured or permanently attached to the ground.

Sign means any structure or any device attached to a structure or applied to any surface or object, for visual communication, embodying letters, numerals, symbols, figures or designs in the nature of an announcement, direction or advertisement, directing attention to an object, product, place, activity, service, person, institution, organization or business, and which is visible from any public street, alley, waterway or public place.

Sign face means the part of the sign that is or may be used for advertising purposes.

Site improvements means those physical alterations to a lot or parcel intended to render it suitable for construction purposes. For the purpose of this definition, the term means actual construction authorized by a building permit site plan approval.

Site plan review means that portion of the development review process which deals primarily with a qualitative and quantitative review and evaluation of the internal physical arrangement of and relationships between uses, structures, vehicular use areas and landscape element.

Slum area means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals or welfare.

Special event means any meeting, activity, gathering or group of persons, animals or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building, indoors or outdoors, where the special event sustainability modifies the approved occupancy or capacity of a facility or inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public.

Specimen tree means any tree which has a DBH of 18 inches or greater for conifers and 24 inches or greater for hardwoods or palms and is well shaped and in good health. The following trees are not specimen trees:

1. Nonnative fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including but not limited to mangos, avocados, or species of citrus.
2. Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), and F. jacquinifolia.
3. Paurotis palm (Acoelorraphe wrightii) and the Phoenix palm (Phoenix reclinata) which are less than 15 feet in height, and all other multitrunk palms.

Stacking space means a space enclosed by imaginary lines utilized as a waiting space by driver-occupied vehicles relating to drive-in or drive-through business operations. Stacking space does not include the space or spaces utilized for rendering service to the vehicle's occupants or for required off-street parking.

Stealth facility means any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and communication towers designed to look like light poles or trees.

Store, personal service, means an establishment which provides personal services directly to the consumer, such as a barbershop, beauty shop or dry cleaners, but which does not have as its primary function the sale of retail goods.

Store, retail, means an establishment which sells goods or products directly to the general public for compensation.

Store, wholesale, means an establishment which, usually as an intermediate distributor, sells goods or products in bulk quantity to retail and personal service stores and other business establishments but does not deal directly with the ultimate consumer.

Store and services, general, means establishments that sell merchandise or provide personal or professional services to the general public. The following uses are not considered "stores and services, general" for purposes of this Code: stores and services, large format; contractor and trade operations; alcoholic beverage establishments; racing and casino complexes; restaurants; pawn shops, vehicle sales, repair, or service, auto parts sales; storage facilities, wholesale operations; and parking garages that are a principal use on a lot. This term applies to the RAC and Hallandale Beach Boulevard zoning districts only.

Stores and services, large format, has the same meaning as "stores and services, general" as defined by this code, except that the establishment contains over 50,000 square feet of enclosed floor area. This term applies to the RAC and Hallandale Beach Boulevard zoning districts only.

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

Street, arterial, means streets and highways serving major activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage, including portions of the federal aid urban system, the state primary and secondary systems and those county-maintained facilities providing service to trips to moderate lengths.

Street, collector, means streets penetrating neighborhoods, collecting traffic from local streets in the neighborhood, and channeling it into the arterial systems.

Street, local, means a street system not on one of the higher systems and serving primarily to provide direct access to abutting land and access to the higher order systems.

Street, private, means any street existing prior to or at the time of adoption of this chapter which has not been dedicated for public use and not accepted for ownership or maintenance by the city commission. After adoption of this chapter, no new private streets may be created or approved, and thereafter maintained, unless they are on property under single ownership or are controlled by a property owners' association that has the obligation for complete control and maintenance of those private streets.

Street, public, means any street designed to serve more than one property owner which is dedicated to the public use and accepted for ownership and maintenance by the city commission.

Structure means anything constructed, installed or portable, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires a more or less permanent location on a parcel of land, or which is attached to something having a permanent location on a parcel of land. It includes a movable structure, while it is located on land, which can be used for residential, business, office, or industrial purposes, either temporarily or permanently. The term also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs, unless specifically excluded elsewhere within this chapter.

Studio or workshop means an establishment where handicrafts or works of art are created, where clothing or jewelry is produced or repaired, or where instruction in dance, exercise, or martial arts is provided. To qualify as a studio or workshop under this code, any noise, fumes, vibration, odor, or similar nuisances generated by these activities must be kept within the establishment. This term applies to the central RAC and Hallandale Beach Boulevard zoning districts only.

Subdivision means the division of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel. The term includes resubdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or area subdivided.

Substance abuse facility, nonresidential, means a facility established to aid persons involved with excessive or illegal use of drugs, narcotics or other hallucinatory substances (not including alcohol) which have created dependency on such substances. This term includes but is not limited to methadone maintenance facilities, outpatient facilities, day care centers, hotline facilities, educational facilities, and rap houses.

Swale means a low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through removal of pollutants and nutrients associated with runoff. Turf grass is required in city right-of-way swales for erosion control and assist in onsite water quality mitigation.

Temporary use means a use that is established for a fixed period of time, with the intent to discontinue such use upon the expiration of such time. Temporary uses shall include special events.

Temporary structure means a feature, device, container, equipment or vehicle without a permanent foundation or footing and which is removed when the designated time period, activity or use for which temporary structure in question has ceased.

Tent means any structure or enclosure, the roof or half or more of the sides, or both, of which are of silk, cotton, canvas, or a like material.

Topiary means the practice of pruning a tree into an ornamental shape by the removal of branches no larger than one inch in diameter and in accordance with an approved landscape plan.

Towing service storage facility means a facility used only for the temporary indoor or outdoor storage of vehicles towed by a towing or wrecker service and accessory administrative and support services. It does not include the storage or processing of junk vehicles, equipment or machinery. Abandoned vehicles, equipment or machinery may be stored in a towing facility provided they are promptly removed within the time limits required for legal processing.

Townhouse means three or more attached single-family dwelling units, each of which is designed for or occupied by no more than one family or household with no other dwelling unit located above or below another. Townhouses shall be attached to one another by at least one party wall extending from the foundation to the roof, and they shall provide two direct means of access from the outside. The length of the shortest attachment along any unit's party wall shall be no less than 50 percent of the length of the building's maximum overall length, measured front to rear.

Trailer, house, means the same as "Mobile home."

Trailer, travel, means the same as "Recreation vehicle."

Tree abuse means the hatracking of a tree; pruning that reduces the height or spread of a tree that has not attained a height or spread of 30 feet; cutting upon a tree which destroys its natural habit of growth; pruning that leaves stubs or results in a flush cut or splitting of limb ends; peeling or stripping of bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where bark no longer remains; the use of climbing spikes, nails or hooks; or pruning that does not conform to Natural Arborist Association Standards.

Tree canopy means the upper portion of the tree consisting of limbs, branches and leaves.

Tree survey means a minimum one inch equals 200 feet scale aerial or drawing to scale which provides the following information: location of all trees protected under the provisions of this chapter, plotted by accurate techniques, common name, and caliper of all trees. Such survey shall be conducted and certified to by a qualified landscape architect or urban forester.

Trees means any self-supporting, perennial woody plants which normally grow to an overall height of no less than ten feet and usually having a single vertical stem or main trunks which can be maintained with over five feet of clear wood.

Turf grass means all species normally grown as permanent lawns in South Florida and/or identified in Waterwise by the South Florida Water Management District. Turf grass areas are required to be sodded and shall be clean and reasonably free of weeds and noxious pests or diseases.

Unified controlis a term that is applicable only to the central RAC, which means all land included for development at the time of site plan approval that is under the legal control of the applicant, whether applicant be an individual, partnership, corporation, or group of individuals, partnership, corporation, or group of individuals, partnerships, or corporations. The legal instrument establishing unified control shall be approved by the city attorney. The site plan approval shall run with the land and shall be binding on all successors in interest to the property. Nothing herein shall be construed to preclude the sale of any portion of the property that was the subject of the site plan approval after recordation of the development order constituting the site plan approval.

Use, principal, means the same as "Permitted use."

Variance means a relaxation of the area or dimensional requirements 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, literal enforcement of this chapter would result in unnecessary and undue hardship.

Waiver means a relaxation of specific regulatory or procedural requirements of this chapter, other than area or dimensional standards, where such waiver will not be contrary to the public interest and where the granting of the waiver is consistent with the intent and purpose of this chapter, including providing flexibility to encourage innovative design solutions. Waivers shall not be granted for any dimensional standards, uses, building height, density, or to decrease required parking.

Vehicle means a conveyance for persons or materials, as may be licensed by the state.

Vehicle sales, repair, or service means an establishment that sells, trades, repairs, cleans, or improves motor vehicles, such as automobile or truck dealers, service stations, car washes, minor or major vehicle repairs, or body shops. This term applies to the central RAC zoning district only.

Vehicular use area means all areas for the circulation, parking or display of any and all types of vehicles, boats or heavy construction equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary use, including those of a drive-in and drive-through nature.

Veterinary clinic means the same as "Animal hospital."

Violator means a person who abuses a tree or otherwise violates this section. The owner of property upon which the abused tree is located shall also be deemed a violator if the tree abuse is undertaken by the owner's employee, agent or person under the owner's control.

Warehouse means a structure which is designed and used for the containment of bulk products or materials of either a dry or cold storage nature, and has no on-premises business activities of a retail, wholesale, personal service or repair nature.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

Work/live unit means a single dwelling unit in a detached building, or in a multifamily, mixed-use, or commercial building, where the predominate use of the unit is commercial. See section 32-370.

Yard means an open area between a building, structure or use and an adjoining lot line which shall be unoccupied and unobstructed by any building, structure or use from the ground up except as may be otherwise provided for in this chapter.

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

Yard, required rear, means a yard extending across the full width of the lot or parcel and measured from the rear line of the lot or parcel.

Yard, required side (corner), means a required side yard which abuts a street.

Yard, required side (interior), means a yard extending across the full depth of the lot or parcel from a side line which abuts an adjacent lot or parcel.

Yard setback means the minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining building setback when the interior common lot line is straddled by the principal structure.

Zoning use district means an area within the city designated by a single zoning classification with uniform development regulations throughout.

(Code 1980, app. A, art. II, § 2; Ord. No. 1998-19, § 1, 10-6-1998; Ord. No. 1998-24, § 1, 12-1-1998; Ord. No. 1999-1, § 1, 1-19-1999; Ord. No. 2000-9, § 1, 4-4-2000; Ord. No. 2000-26, § 1, 11-8-2000; Ord. No. 2003-02, § 2, 1-2-2003; Ord. No. 2003-14, § 1, 8-5-2003; Ord. No. 2004-2, § 1, 2-17-2004; Ord. No. 2004-30, § 1, 12-7-2004; Ord. No. 2010-08, § 1, 6-2-2010; Ord. No. 2010-09, § 1, 6-2-2010; Ord. No. 2011-02, § 2, 1-5-2011; Ord. No. 2011-07, § 1, 6-20-2011; Ord. No. 2012-32, § 2, 11-19-2012; Ord. No. 2014-16, § 1, 2-19-2014; Ord. No. 2014-31, § 1, 11-5-2014; Ord. No. 2016-09, § 1, 4-6-2016; Ord. No. 2016-20, § 1, 10-19-2016; Ord. No. 2018-024, § 2, 9-17-2018; Ord. No. 2021-003, § 3, 3-17-2021; Ord. No. 2023-010, § 2, 5-17-2023; Ord. No. 2024-006, § 2, 1-17-2024; Ord. No. 2025-33, § 2, 12-17-2025; Ord. No. 2025-35, § 2, 12-17-2025)

Cross reference(s)—Definitions generally, § 1-2.

1. Cost recovery. To the extent that any application under chapter 32 ("Zoning and Land Development Code") requires additional review, the actual costs for such additional review shall be passed on to the applicant. The term "additional review" includes all reviews of an application on behalf of the city where the city utilizes the services of an outside contractor, agent, or consultant, including attorneys retained by the city.
2. Applicability of provisions. The cost recovery required above shall not apply to applications that are originally initiated by or on behalf of the city.
3. Preservation of administrative fee schedule. The schedule of building permit and related land development fees established by the city in this Code shall not be affected by this section.
4. Cost recovery deposit. Any person or entity filing an application for land development with the city under chapter 32 (the "applicant") shall pay a deposit to the city (the "cost recovery deposit") in an amount specified by the city manager, approximating the estimated costs for administration. The deposit amount may be subsequently modified by the city manager based upon a revised analysis and evaluation of the city's estimated actual costs to review and process the particular application.
5. Cost recovery account.
   1. Upon receipt of the cost recovery deposit, the city shall open a cost recovery account identifying the application, which shall be maintained until the applicant receives a certificate of occupancy or other applicable final approval from the city, and the city determines that no further action is necessary for the review and processing of the application or the applicant voluntarily withdraws the application (the "final approval").
   2. A debit based upon the costs in reviewing the applicant's application(s) shall be charged against the cost recovery account.
6. Supplemental deposits.
   1. The city shall monitor the cost recovery account on a periodic basis.
   2. Whenever the account balance is zero or negative, a supplemental deposit (the "supplemental deposit") will be required before any further review or processing continues.
   3. The city shall notify the applicant when a supplemental deposit is required. The amount of the supplemental deposit shall be determined by the city manager and shall be equal to the estimated costs to complete review of the application.
   4. Any notification for a supplemental deposit provided by the city to an applicant shall be deemed sufficient if made by a telephone call to the applicant or the applicant's agent with a confirming letter to follow.
7. Return of cost recovery deposit. After the final approval, the city shall close the cost recovery account and shall refund any remaining funds to the applicant within 60 days.

(Ord. No. 2004-08, § 1, 4-20-2004)

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

Business means and includes all vocations, occupations, professions, enterprises, establishments, and all activities and matters, together with all devices, machines, vehicles, and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on or from any premises in the city.

Certificate of use means a document issued by the city manager, or designee, verifying the zoning use classification of any business within any approved structure or building or unit therein, after inspection of the premises and proof of compliance with all the requirements of this Code and all other applicable laws and regulations.

Multi-family building means a building or property containing more than two residential dwelling units.

Non-city regulatory agency means any federal, state, or county agency responsible for enforcing federal, state, or county regulations imposed on business within the city.

Profession means a vocation or occupation requiring a state license, usually indicative of advanced education and skill.

Residential rental means any residential dwelling unit, including a single-family home, used for the purpose of tenancy or leasing, subleasing, or rental for a duration of 30 days or more.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. It shall be unlawful for any person, either directly or indirectly, to engage in or to conduct any business, as defined by this article, in the city, without first making an application for, and having obtained, a certificate of use. The requirement for a certificate of use applies regardless of the type of location at which the business activity is conducted and includes, but is not limited to, conducting business from commercial properties, multi-family buildings, duplexes, or single-family homes.
2. All certificates of use issued by the city, unless otherwise provided by law, shall be displayed in a conspicuous place within the subject establishment or on the premises thereof and shall be displayed to the general public or any official of the city upon request during normal business hours.
3. All existing businesses holding a valid business tax receipt as of the effective date of enactment of this division shall be deemed to have a certificate of use as of the date of enactment and shall apply for a renewal certificate of use by September 30, 2022. If a business fails to timely submit the required application, the business shall be deemed to be out of compliance with this division as if conducting business without a certificate of use.
4. Exemptions. The following uses shall be exempt from the provisions of this article:
   1. Condominium associations are not deemed a business use but must comply with section 9-10 of this Code. Individual condominium units that are used to engage in business or leased or rented for a duration of 30 days or more must comply with this article.
   2. Professions. Where a business location serves as a place of business for one or more licensed professionals, whom are each required to obtain an individual licensed professional business tax receipt, only a single certificate of use is required for the location pursuant to which a valid local business tax receipt has or will be issued. Individual licensed professional business tax receipts issued to licensed professionals do not require a certificate of use.
   3. Customary activities of religious, charitable, nonprofit service clubs and organizations, or educational nonprofit institutions as those terms are defined in F.S. ch. 205, as may be amended.
   4. Any business which does not have a physical location within the city.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. No certificate of use shall be issued for more than one year, and certificates shall expire on September 30 of each succeeding year.
2. If September 30 falls on a weekend or holiday, the fee shall be due and payable on or before the first business day following September 30.
3. If a business which has been issued a certificate of use is moved from one location to another properly zoned location in this city, or if the business is transferred to a new owner, a new certificate of use shall be required. No new certificate of use shall be issued until a new business inspection is completed at the new business location or premises and the business is found to comply with the provisions herein.
4. If any person operates any business at more than one location, each location shall be considered a separate business; and a separate certificate of use, therefore, is required.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. It shall be the duty of any person conducting business to file an application with the city for a certificate of use.
2. An application shall be filed on a standard application form supplied by the city and shall be submitted in a manner determined by the city. The application shall not be considered complete until the application satisfies the requirements of this section and the required application fee is paid.
   1. Contents. In addition to other information as may be required, the application shall contain the following information and shall be accompanied by the following documents:
      1. Identity.
         1. An applicant shall provide its legal name, any aliases, and date of birth or formation if the applicant is a partnership or corporation.
         2. A partnership shall provide the full and complete name of the partnership and the name and address of all partners.
         3. A corporation shall provide the exact and complete corporate name, the date of its incorporation, the name and address of the registered corporate agent for service of process, and the names and addresses of all corporate officers.
      2. Address. The application shall list the current local and legal domiciliary, a residential address of the applicant, and the name and address of an agent authorized to receive notice for purposes of this article.
      3. Property owner authorization. If the applicant is not the owner of the property at which the business activity will take place, the applicant must submit an authorization from the property owner for use of the property in the manner specified by the application. Such authorization will be on a form as provided by the city.
      4. Valid email address.
      5. Business name. If the applicant intends to conduct the business under a name other than that of the applicant, the applicant shall state the establishment's fictitious name and the county of registration under F.S. § 865.09.
      6. License/receipt history. Whether the applicant has had a previous license/receipt suspended or revoked in any jurisdiction, as well as the date of the suspension or revocation, the location of the establishment for which the license/receipt was suspended or revoked, as well as the date of the suspension or revocation.
      7. A detailed description of the proposed business activity.
      8. Operational information.
         1. Location of the proposed business, including the legal street address.
         2. The applicant's mailing address.
         3. The name and phone number of the individual who will represent the business/property during the new business inspection.
         4. The telephone number of the business.
         5. A copy of any license, registration, or certification required for the profession or occupation, or a copy of all applications for such license, registration, or certification. A certificate of use shall not be issued until copies of the final license, registration, or certification are provided to the city.
3. Inspections. Prior to the issuance of a new certificate of use, a site inspection shall be required. If the inspection results in a denial, a reinspection shall be conducted by the city after being requested by the applicant. No additional fee shall be required for the first reinspection. Nothing contained in this section shall prevent the city from seeking revocation of a certificate of use as provided for in this division.
4. A certificate of use application shall remain valid for a period not to exceed 60 days. Applications not completed within 60 days of initial submission shall be voided or denied, and a new application and fees shall be required.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. The applicant shall have until September 30 to pay the required renewal fees. If September 30 falls on a weekend or holiday, the fee shall be due and payable on or before the first business day following September 30.
2. The city shall endeavor to notify all certificate holders that their certificates of use are due for renewal. However, if such certificate holder does not receive a renewal notification, it is his/her responsibility to renew the certificate of use no later than September 30, to avoid delinquent charges.
3. Any current certificate of use may, at the discretion of the city, be renewed for each new certificate year provided the applicant signs the following certification:
   "I the undersigned hereby certifies that the certificate of use for which I am now applying is one for a renewal of a current certificate of use which is now in full force and effect. I have not changed the authorized use of the premises nor have I made any physical or structural changes to the premises and do not plan to make any physical or structural changes to the premises."
4. It shall be the applicant's responsibility to notify the city of any changes to the business. If any of the information required provided in the original application changes after the original certificate of use has been issued, the applicant shall provide updated information and the applicable modification fee within 30 days of such change. If an applicant changes the authorized use of the premises or makes or proposes any physical or structural changes in the premises, a certificate of use shall be reprocessed as if the certificate were a new application.
5. Renewal certificates will not be issued until all delinquent payments for any fee imposed under this chapter, code enforcement lien, special assessment lien and/or any other debt or obligation due to the city, from the applicant or in relation to the property at which the business is located, pursuant to state or local law, has been paid in full.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. Prior to issuance of a new certificate of use or renewal, the application shall be subject to review by city regulatory departments/divisions including, but not limited to, building, planning and zoning, business tax and regulations, police and the of public works departments, as determined by the city, based on the proposed use.
2. Proof of approval from non-city regulatory agencies may be required, based on the proposed use.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. No issuance of a certificate of use considered to be a new certificate of use shall be made until the city has conducted an inspection of the business and approved such location as being in compliance with the provisions of this Code.
2. Any person applying for or obtaining a certificate of use may be subject to an annual inspection of the place of business.
3. For the purpose of enforcing the provisions of this chapter, code officials, inspectors, and enforcement officers shall have the right of inspection provided that said inspection shall be reasonable, and no more than once a year (excluding re-inspections).

(Ord. No. 2022-022, § 1, 6-15-2022)

1. The amount of application, certificate, reinspection, and penalty fees related to the certificate of use shall be established by resolution. in association with a certificate of use will be on file in the city clerk's office.
2. The city shall collect an application fee for each application for a new certificate of use.
3. Upon city's approval of the completed application, the applicant shall pay a certificate of use fee, or renewal fee, in full prior to the issuance or renewal of a certificate of use.
4. After-the-fact applications. The penalty for an after-the-fact application shall be equal to two times the certificate of use fee.
5. Expired certificates of use. The penalty required for the renewal of an expired certificate of use shall be as follows:
   1. Ninety days or less, the penalty fee shall be equal to 25 percent of the certificate of use fee.
   2. Ninety-one days to 180 days, the penalty fee shall be equal to 50 percent of the certificate of use fee.
   3. One hundred eighty-one days or more, the penalty fee shall be equal to 100 percent of the certificate of use fee.
6. Reinspection fee. If a certificate of use is not granted after the initial reinspection, a reinspection fee shall be charged for any additional inspections of the premises.

(Ord. No. 2022-022, § 1, 6-15-2022)

The provisions of this article are cumulative and in addition to all other federal, state, county, and city laws that require certificates, licenses, permits, or business tax receipts, or provide for the collection of the certificate, license, and permit fees, local business taxes, and other charges. No certificate of use issued under this article shall exempt the certificate of use holder from any other certificate, license, permit fee, or tax required by law, or compliance with all applicable ordinances, rules, and laws. The issuance or possession of a valid certificate of use obtained under the provisions of this chapter does not constitute an approval of any offense, illegal activity or act prohibited by law.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. An application for a certificate of use may be denied or revoked by the city manager, or his or her designee, if it has been determined that:
   1. An applicant has misrepresented or failed to disclose material facts or information required to be included in the certificate of use application or any other application required by the city, county, or state.
   2. The applicant desiring to engage in the business as described in the application, has selected a proposed site or type of business activity, which does not comply with city code provisions regulating the premises or other laws of the city.
   3. The issuance of the certificate of use was contingent upon an owner/applicant's compliance with specific provisions of the city, county, or state laws, and the owner/applicant has not satisfied such conditions within a time specified or has violated such conditions or specific provisions of law.
   4. The applicant has violated any provision of this division and has failed or refused to cease or correct the violation within 30 days after notification thereof.
   5. The premises have been shut down or condemned by the local health authority for failure to meet sanitation standards.
   6. The applicant has an account with the city which is delinquent by 180 days or more or has an account with the city which has a balance in excess of $1,000.00, or the property at which the business will be conducted.
   7. An applicant is conducting a business from a premise that does not possess a valid and current business tax receipt or applicable certificate of occupancy.
   8. The applicant fails to permit inspection by the city as required and prescribed herein.
2. Revocation. Upon determination by the city that an applicant is in violation of the provisions of this division or that a court of law has determined the business location has been utilized for criminal activity, the city manager or designee shall notify the holder of any certificate of use, in writing, of the city's intent to revoke the certificate of use.

(Ord. No. 2022-022, § 1, 6-15-2022)

1. Any person who violates the provisions of this division or otherwise fails to obtain, or allows to expire, the certificate of use as required by this article shall be subject to civil citations for a class II offense in accordance with chapter 9 of this Code and as provided for in this division.
2. Appeals. Any person whose application has been denied, or whose certificate of use has been revoked, as provided in this article, shall have the right to request a hearing at which the denial or can be appealed. Such a hearing shall be governed in accordance with the following:
   1. Appeals from the decisions of the city manager or his designee, making determinations under this section, shall be determined by the special magistrate. The appeal shall be requested in writing within ten calendar days of the rendition of the decision being appealed. The written request for the appeal shall state fully the reasons for the appeal. The appellant shall be given written notice of the date, time and place of the magistrate's consideration of the appeal.
   2. If the holder of the certificate of use requests to appeal a revocation, the certificate of use shall remain in effect during the pendency of the action before the special magistrate, unless otherwise stated in the letter of revocation for circumstances that threaten the health, welfare or safety of the general public.
3. Hearing.
   1. Burden of proof. The appellant shall present all relevant information to the magistrate. The appellant shall have the burden of affirmatively demonstrating that the decision of the city manager was in error. The city manager or designee may present arguments and information in opposition.
   2. Decision. The special magistrate shall base her decision on the requirements of this article. Such a decision shall become effective immediately.
   3. An aggrieved party may appeal a final administrative order of the special magistrate to the Circuit Court of the Seventeenth Judicial Circuit for Broward County by filing a petition for certiorari in accordance with the Florida Rules of Appellate Procedure. Such an appeal shall not be de novo, but shall be limited to appellate review of the record created before the special magistrate. Appeals shall be filed within 30 days of the date of the written order from the special magistrate. The nature of the appeal shall be from a final administrative order. No appeal may be sought beyond the 30-day filing time as set out herein.

(Ord. No. 2022-022, § 1, 6-15-2022)