For the purpose of these Zoning and Land Development Regulations, certain terms used herein are herewith defined. The following general rules of construction shall apply to the regulations of this Code:

A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

B. Words used in the present tense include the past and future tenses, and the future the present tense.

C. The word “shall” is mandatory, the word “may” is permissive.

D. The word “Building” or “Structure” includes any part thereof, and the word “Building” includes the word “Structure.”

E. The word “Lot” includes the word “Plot” or “parcel” or “tract” or “Site.”

F. The words “used” or “occupied” include the words “intended,” “designed” or “arranged” to be used or occupied.

G. The words “required yards” or “minimum required yards” and “minimum yards” includes the word “setback.”

H. When this Code refers to other ordinances, codes or statutes the reference shall imply the most up-to-date ordinance, code or statutes, as amended.

I. Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

J. When not inconsistent with the context, words used in the present tense include the future tense.

K. The word “land” shall include water surface and land under water.

L. If a Use is not listed as a Main Permitted Use, Special Exception or Accessory Use, said Use is automatically considered as a Prohibited Use.

M. If a Use is specifically enumerated then it takes preference over general applications or interpretations of these regulations. If a Use is specifically enumerated as a permitted Use in a district then to be considered as a permitted use in another district, it must also be specifically listed.

N. When this ordinance refers to a “Director,” the referral shall automatically include the Director's “designee” unless specifically otherwise stated.

O. Words of any gender shall be deemed and construed to include correlative words of the other gender.

(Ord. O-94-12, passed 4-6-94)

ABUTTING or ADJACENTPROPERTY. Property that is immediately adjacent or contiguous to property that is subject to review under these regulations or property that is located immediately across any road or public right-of-way from the property subject to review under these regulations.

ACCESS. The principal means of ingress and egress to a lot from a publicly dedicated right-of-way.

ACCESSWATERWAYS. A waterway which is developed or constructed in conjunction with the development of real estate for the purpose of providing access by water to lots within a subdivision.

ACCESSORY BUILDING or STRUCTURE. A subordinate building or structure on the same plot with, or a part of, the main building, which is occupied by, or devoted to, an accessory use.

ACCESSORYUSE. A use naturally and customarily incidental to, subordinate to, and subservient to the principal use of the premise.

ADULTEDUCATIONALFACILITIES. Post-secondary education, offered to adult, relating to the following and containing at least 5000 square feet of gross floor area:

A. Course work leading to an associate arts degree, graduate degree, or post-graduate degree; or

B. Course work relating to business, accounting, health professions, information technology or related field; or

C. Courses related to or accessory to a corporate office; or

D. Courses related to the humanities and fine arts.

Adult educational as described above shall specifically exclude trade or vocational schools, including but not limited to the following: air conditioning and heating; auto, truck, boat repair or other vehicle repair; bartending; casino (gaming); construction fields (including air conditioning, heating, plumbing, and electrical); private investigation; cosmetology and related fields; driving school; heavy equipment repair and construction; and massage therapy.

ALLEY. A public vehicular accessway designed as a secondary means of access to abutting property, and not otherwise designated as a street, avenue or other public thoroughfare.

ALTERATIONS. Any change in size, shape or character of construction of a building structure, or sign.

AMUSEMENT CENTER. A permanent building housing mechanical amusement devices, automatic merchandise vending machines, and/or juke boxes without respect to number, provided all other laws, ordinances, or regulations of the city are complied with.

ANTIQUE STORE. A business establishment in which objects that are principally antique in nature are offered for sale; such objects typically having special value or significance because of their age or rarity, and having been made in, or associated with, an earlier period of history.

APARTMENT BUILDING. A building with or without resident supervision occupied or intended to be occupied by more than two families living separately with separate cooking and sleeping facilities in each unit.

APARTMENT, EFFICIENCY. A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

APARTMENT HOTEL. A multiple dwelling under resident supervision, which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish dining room service.

APARTMENT UNIT. A room or group of rooms, occupied or intended to be occupied as separate living quarters by one Family and containing independent cooking and sleeping facilities.

ARTISAN AND MAKER MANUFACTURING. The small scale manufacturing of products, by persons trained in creative arts, industrial art, and design related fields; through the use of hand-tools, mechanical tools, and electronics. Typical materials and products may include, but are not limited to metal, wood, glass, ceramics and pottery, jewelry, textiles and apparel, printmaking, photography, painting, sculptures, and electronic goods. The use includes the processing, fabrication, assembly, treatment, and packaging of such products. The use may also include gallery and exhibition space; and a retail component.

ARTISAN AND MAKER SPACE. A workspace or shop where communal or individual space is provided for artisans and markers; such spaces may include, wood and metal working tools, digital media, laser cutters, 3-D printers, electronics, robotics, etc. The use may also include gallery and exhibition space; and a retail component.

ASSIGNED RESIDENT. Any person residing within a residential care facility other than foster parents and their natural or adopted children and designated supervisory personnel.

ASSISTED LIVING FACILITY (ALF). Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator as defined in F.S. § 429.02.

AUTOMATIC or COIN-OPERATED SERVICE TRADE MACHINE. Any machine or device other than an amusement device, vending machine, or juke box, such as a laundry washing machine or drying machine.

AUTOMOBILE ORIENTED USE. A use which provides fuel or services directly to a motor vehicle; provides goods or services to occupants of a motor vehicle while seated therein; or provides goods or services for or related to motor vehicles. This definition shall also include automobile repair, paint, sales and rental.

AUTOMOBILE REPAIR, MAJOR. General automobile repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

AUTOMOBILE REPAIR, MINOR. Simple automotive repair which can be accomplished entirely within an enclosed structure, including but not limited to minor motor tune-up and repair, upholstering, tire repair and replacement and muffler installation, but not including any operations listed under AUTOMOBILE REPAIR, MAJOR or any other operation similar thereto.

AUTOMOBILE WRECKING OR SALVAGING. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AVAILABILITY or AVAILABLE. With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code. (Definition used for Concurrency determinations.

AWNING. A shelter or cover designed and intended for protection from weather or as a decorative embellishment that projects from a wall of a building over a walk, window, door, or the like.

BAR or SALOON. Any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premise.

BED AND BREAKFAST INN. A structure originally built as a single family residence which is owner occupied and operated to provide guest rooms with breakfast and/or dinner included as part of the room rate.

BICYCLE SHARING. The practice of sharing a bicycle for on demand regular commuting. In a kiosk system, bikes are secured to and rented from secure docking stations. These stations may range in sophistication from simple bike racks with key lockboxes to digital automatic locking kiosks with integrated rental systems.

BLOCK. A parcel of land entirely surrounded by streets, streams, railroad rights-of-way, parks or other public space or combination thereof.

BOARDING HOUSE. A LODGING HOUSE or ROOMING HOUSE which provides meals for guests. This definition does not include Bed and Breakfast Inns, hotels or motels.

BONUS UNITS. Additional residential units above the maximum density allowed in the Redevelopment Area Zoning District.

BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, or vehicles situated in private property and serving in any way the function of a building.

CAFE. A small establishment, with limited cooking facilities, selling light meals and beverages. This definition may also include eatery, bistro, snack and juice bar, and coffee shop.

CAFE, OUTDOOR. A use located on private property which is characterized by outdoor table service of food and beverages prepared for service in an adjacent or attached main structure for consumption on the premises.

CAFE, SIDEWALK. A use located in the public right of way which is associated with a restaurant where food or beverages are delivered for consumption on the premises (but not having cooking or refrigeration equipment). It is characterized by tables and chairs and may be shaded by canopies, awnings or umbrellas.

CANOPY. A permanent architecturally integrated roofed shelter projecting over a walk, driveway, entry, or similar area, which may be wholly supported by a building, or wholly or partially supported by columns, poles, or braces extending from the ground. Such structures shall be open on three sides, and if ground-supported, supports must be confined in number and cross-section area to the minimum necessary for actual support of the canopy.

CARE CENTER, CHILD. A place providing care, protection, and supervision of children under 18 years of age, which supplements parental care for the child on a part-time basis, in accordance with his or her individual needs. Such centers must provide developmental programs and recreational activities which are appropriate for the age of the child.

CARPORT. A private garage not completely enclosed by walls and doors.

CERTIFICATE OF APPROPRIATENESS. A certificate issued by the Director of the Department indicating that the new construction, alteration, or demolition of a HISTORIC BUILDING within a LOCAL HISTORIC DISTRICT is in accordance with the Historic Preservation regulations contained in these regulations.

CHANGE OF OCCUPANCY. A discontinuance of existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

CHIEF CODE ENFORCEMENT OFFICER. Includes any city employee working under the authority and direction of the Chief Building Official or Chief Code Enforcement Officer.

CITY. The City of Hollywood.

CITY ENGINEER. The City Engineer of the City of Hollywood or his duly authorized representative.

CLUB, PRIVATE. Nonprofit association or organization of fraternal or social character.

CLUB, NIGHT. A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment are provided.

COMMERCIAL USES. Any activity where there is an exchange of goods or services for monetary gain. Such activities include but are not limited to retail sales, offices, eating and drinking facilities, theaters and similar uses.

COMMISSION or CITY COMMISSION. The City Commission of the City of Hollywood.

COMMUNICATION TOWER, CELLULAR. A tower which is designed and used for the purpose of sending and receiving cellular telephone calls. Included in this definition is the actual tower and any accessory building used to house necessary communication equipment.

COMMUNICATION TOWER, MONOPOLE. A cellular communication tower which consists of a single pole set in a concrete foundation, and having the sending/receiving equipment mounted at the top of the pole.

COMMUNICATION TOWER, THREE-SIDED. A self-supporting cellular communication tower which has three sides, no guy wires, and the sending/receiving equipment mounted at various locations on the tower.

COMMUNITY RESIDENTIAL HOME (CRH). A dwelling unit licensed to serve residents, as defined in F.S. § 419.001, who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services or a dwelling unit licensed by the Agency for Health Care Administration which provides a living environment for 1 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

COMPACT DEFERRAL AREA. Refers to the geographic area described by a two-mile band having a centerline which is coincident with the centerline of the congested link operating below the acceptable Level of Service, and extending parallel to the congested link for a distance of one-half mile beyond each end point of the congested link, as shown on those maps produced by Broward County.

COMPLETELY ENCLOSED BUILDING. A building separated on all sides from adjacent open space, other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

CONCURRENCY. The requirement that necessary public facilities and services to maintain the city's adopted level of service standards as set forth in the city's Comprehensive Plan, as amended from time to time, when the impacts of development occur.

CONDO-HOTEL. A hotel or motel comprised of rooms that are owned by an individual, corporation, or any other legal entity having an ownership interest under condominium form of ownership, and is part of a condominium property or parcel and the "facility" contains individual guest rooms, rooms or efficiencies for which daily, weekly or monthly lodging is provided as transient accommodations exclusively. All rooms that are adjoined by an interior door and also have separate and/or independent exterior entrances from a common interior or exterior hallway or public area, shall be considered as separate rooms for density calculation purposes. A condo-hotel is considered to be a transient hotel/motel use, and not a residential use. It is the intent of the zoning and land development regulations to ensure that condo-hotels are operated and governed in substantially the same manner as conventional hotels/motels. Further, this regulation is designed to protect and preserve the density requirements mandated in districts where hotels and motels are allowed, as well as preserving future land uses for transient accommodations made available to the general public, visitors and tourists. Condo-hotels are strictly inconsistent with residential use. For purposes of condo-hotel development, no more than 500 rooms of the hotel pool described in the City's Comprehensive Plan Land Use Element shall be allocated to condo-hotels. 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 of Hollywood'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, the use will be deemed "residential":

(1) The minimum number of rooms for a condo-hotel shall be 200. Each room with a key must be counted as 1 room.

(2) All rooms in a condo-hotel shall be used for transient accommodations.

(3) Licensing will be required of all condo-hotels through all applicable state and local agencies that license hotels. All licenses must be kept current.

(4) A unified management operation shall be required as an integral part of the condo-hotel facility for the rental activities.

(5) There shall be a lobby/front desk area that is internally oriented and must be operated as a hotel/motel.

(6) There shall be a uniform key entry system, operated by management or hotel staff to receive and disburse keys for each condo-hotel room.

(7) There must be 1 central telephone system, operated by management or hotel staff in order to access each condo-hotel room.

(8) All rooms shall be subject to all applicable state and local tourist tax collections when rented.

(9) Rooms shall not be used for homesteading purposes or home occupational licensing, time-share or fractional interests.

(10) Notwithstanding subsection (2) above, 1 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.

(11) A condo-hotel may be allowed in any land use/zoning district where a hotel/motel is allowed.

(12) Occupational licenses for each business operating a condo-hotel property shall be required from the City of Hollywood.

(13) All condo-hotels must have approved signage viewable by the general public designating the property as a hotel or motel.

(14) Owner-occupation. Rooms in a condo-hotel may not be occupied by their owner(s) for more than a total of 150 days in any consecutive 12 month period, except the resident manager room.

(15) The books and records of the condo-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 of Hollywood, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

(16) The City of Hollywood may require affidavits of compliance with the criteria from the developer, management entity, and/or each condo-hotel room purchaser/owner.

(17) Operator must be affiliated with a major National or International Chain or franchise at all times.

(18) All condo-hotels must have customary daily maid services, back of house services, and other hospitality services.

CONSIGNMENT STORE OR SHOP. A business establishment in which secondhand merchandise is offered for sale; such merchandise is placed for sale with the business establishment by the owner of the item of merchandise and upon sale of the item the purchase price is divided between the business establishment owner and the owner of the item.

CONVALESCENT HOME. A building, or portion thereof wherein for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital, which may provide on-site dispensing of drugs under the supervision and control of a licensed physician as an accessory use.

CONVENIENCE STORE. A retail business, also known as a food mart, primarily engaged in retailing a limited line of goods generally including milk, bread, soda, snacks, tobacco and in some instances, check cashing, lottery and a separate prepared food program that may include fresh foods and/or fountain and frozen drinks and coffee, as well as alcoholic beverages, limited to beer and wine. This definition does not include establishments with gas/fuel pumps or with a separate and distinct second principal use such as a sandwich shop, pizza, donuts, etc.

COOKING FACILITIES. Any devices used for food preparation, specifically to cook, heat, or defrost food. Such devices may include, but should not be limited to, a wet-bar sink, a microwave, or toaster.

CORNER STREET WALL. That wall of a building fronting on a street but containing no access or a secondary access to the building.

CUL-DE-SAC or DEAD-END STREET. A minor street with only one outlet terminating at one end sometimes with a circular turn around.

DAY NURSERY. (See NURSERY SCHOOL).

DEDICATION. A grant for designated public use.

DENSITY. Is the maximum number of units which can be developed on parcel of land (including to the center line of streets, easements and rights of way). Credit towards density is given to bodies of water, excluding canals, North and South Lakes and the Intracoastal Waterway.

DEPARTMENT. The Department of Planning and Development Services.

DEPARTMENT OF TRANSPORTATION. Includes the term STATE STANDARDS and as used herein shall refer to the Florida State Department of Transportation's Standard Specifications for Road and Bridge Construction as currently adopted and in use.

DEVELOPER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these regulations. Inasmuch as the subdivision plat is a necessary means to the end of assuring a satisfactory development under the terms of Article 108, the term DEVELOPER is intended to include the term SUBDIVIDER, even though the persons involved in successive stages of the project may vary.

DEVELOPER'S ENGINEER. A professional engineer registered in this state, and engaged by the developer to plan and supervise the construction of the work required under these regulations.

DEVELOPMENT. That meaning given in Section 380.04 of the Florida Statutes.

DEVELOPMENT PERMIT. Any building permit, use approval, subdivision or plat approval, site plan approval, Planning and Development Board Order/Decision, rezoning, Special Exception, or other official action of a Department or Board of the city having the effect of permitting the development of land.

DIVIDING STRIP. A separation, planted whenever possible, between opposite directional flows of traffic. It may also mean a separation between the traffic lanes on a traffic street or highway and the parallel service street which provides access to property nominally fronting on the trafficways.

DIRECTOR. The individual appointed by the City Manager as the Director of the Department of Planning and Development Services.

DRIVE-THRU FACILITY. Any place or premise used for the sale of products or to provide services to occupants in automobiles, including drive-up, and drive-thru services. This shall not include the selling of fuel at a gasoline filling station or the accessory functions of a carwash facility such as vacuum cleaning stations.

DUPLEX. A building with or without resident supervision occupied or intended to be occupied by two families living separately with separate cooking and sleeping facilities in each unit.

DWELLING. Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

DWELLING, GROUP. A building, or part thereof, in which several unrelated persons or families permanently reside, but in which individual cooking facilities are not provided for the persons or the families.

GROUP DWELLING may include a rooming house, fraternity house, sorority house, convent, monastery or private club in which one or more members have a permanent residence. GROUP DWELLING shall not be deemed to include a hotel, motel, tourist home, trailer park.

DWELLING, MULTIPLE FAMILY. A dwelling occupied by three or more families; a dwelling comprised of three or more dwelling units.

DWELLING, SINGLE FAMILY. A dwelling occupied by not more than one family; a dwelling comprised of only one dwelling unit.

DWELLING, TWO FAMILY. A dwelling occupied by not more than two families; a dwelling comprised of two dwelling units.

EASEMENT. An interest in land granted for limited use purpose, but which does not convey title to real property.

ENFORCING OFFICIAL. The officers and employees of the department, bureau or agency of the city to whom the duty of enforcing the terms of these regulations are assigned.

ERECTED. Includes built, constructed, reconstructed, moved upon or any physical operations on the premise required for building.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including principal buildings.

FAMILY. One (1) person, or a group of two (2) or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, or a group of no more than three (3) unrelated persons, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the state Department of Children & Families services or to a child-placing agency licensed by the Department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a Family, shall be deemed to be related to and a member of the Family for the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family. This definition shall not supersede state or federal regulations regarding families and/or the use of real property within a residential district for Community Residential Homes.

FLAG. A piece of fabric with a color or pattern that represents a non-commercial idea or institution, or country.

FLEXIBILITY UNITS. The difference between the number of dwelling units permitted within a flex zone by the Broward County Land Use Plan and the number of dwelling units permitted within the flex zone in the City of Hollywood Comprehensive Plan - Land Use Plan.

FLOOR AREA. The sum of the areas of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the exterior face of an architectural projection, from the centerline of walls separating two attached buildings. The calculation of floor area for unit sizes is measured from the centerline of a party wall to the interior face of an exterior wall. The floor area shall include all areas except for those areas listed below, unless otherwise provided for in Ord. O-95-26 (passed 3-22-95):

a. Accessory water tanks or cooling towers.

b. Unenclosed exterior staircases and steps; exterior open fire escapes and open stairwells.

c. Attic space, whether or not a floor actually has been laid providing structural headroom of less than seven feet six inches.

d. Unenclosed exterior terraces, breezeways, porches or hallways which provide access to a unit or units.

e. Any floor space associated with an accessory off-street parking garage. However, if the parking garage is the main permitted use, then the floor area of the parking levels shall be included in the calculation for floor area ratio.

f. Mechanical equipment rooms located above the main roof deck.

g. Exterior unenclosed private or public balconies.

h. Floor area located below grade; however, if the ceiling is above grade, half of the floor area that is below grade shall be included in the floor area ratio calculation (FAR).

i. Enclosed garbage rooms, enclosed within the building on the ground floor level.

j. Exterior elevators and landings.

In volumetric buildings where there are no interior floors, the floor area shall be calculated as if there was a floor for every ten feet, or fraction thereof, of height.

FLOOR AREA RATIO. The floor area of building or buildings on any lot or site divided by the area of the lot or site.

FOOD PROCESSING. A use that includes the processing, storage (dry, refrigerated, and frozen), distribution, and retail sale or wholesale of food. These uses include, but are not limited to, general, specialty, and artisan food and non-alcoholic manufactures (including frozen, canned, picked, dried, preserved, and dehydrated products). This use shall not include the on-site slaughtering of animals.

FRONTAGE OF A PROPERTY. The plot line which abuts a street or separates the plot from a street.

FRONT WALL. That wall of a building fronting a street which contains the primary access to the building.

GARAGE, COMMUNITY. A building or part thereof, used for indoor parking of self-propelled private passenger vehicles, for use of residents in the vicinity.

GARAGE, MECHANICAL. A structure for the parking of self-propelled passenger vehicles wherein such vehicles are parked by mechanical means.

GARAGE, PRIVATE. An accessory structure designed or used for inside parking of self- propelled private passenger vehicles by the occupants of the main building.

GRADE, ESTABLISHED. The minimum elevation established by the Federal Emergency Management Agency.

GROCERY STORE. A retail business, also known as a supermarket, primarily engaged in retailing a general line of food including multiple brands of the same food, such as canned and frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry, and in some instances pharmacy, lottery, tobacco and alcoholic beverages.

HARDSHIP. A condition adversely affecting the use of property, not created by the property owner, and beyond the reasonable control of the property owner.

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

HEIGHT OF A BUILDING. The vertical distance from the established grade of the plot upon which a building is located to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs of said building.

HELICOPTER. An aircraft that derives its lift from blades that rotate about an approximately vertical control line.

HELISTOP LANDING AREA. A site designated other than an airport used for the operation of helicopters where no basing facilities are provided.

HISTORIC BUILDING. A building which is listed in the HISTORIC PROPERTIES DATABASE and which is at least 45 years old or meets the National Register of Historic Properties as defined by the U.S. Department of Interior's Standards or a building that was present during a period of historical significance and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period. (Note: A building is historic even if it has been altered if the alteration is reversible and the building's key historic architectural elements are intact and repairable).

HISTORIC MULTIPLE PROPERTY RESOURCE LISTING OVERLAY DISTRICT. A district that contains Historic Buildings which are related by their common histories, function, plan, design or physical development pattern; however, the buildings are spatially separated in such a manner that would not permit the area to qualify as a Local Historic District.

HISTORIC OVERLAY DISTRICT, LOCAL. A geographically defined area which contains or possesses a significant concentration (50% or more), of sites, buildings structures or landscape features united or linked historically or aesthetically by plan or physical development pattern. These districts are listed as "overlay districts" on the Official Zoning Map.

HISTORIC PROPERTIES DATABASE. A list of properties maintained by the Community Planning Development Director of the Department of Planning and Development Services containing the names, addresses, and other relevant historic data of buildings, in locally designated historic districts, that are listed as HISTORIC BUILDING or NON-HISTORIC BUILDINGS.

HISTORIC SITE. An individual building, structure, site or landscape feature which has been designated pursuant to Article 5 .

HOSPITAL. A health care institution defined as a hospital pursuant to F.S. § 395.002(12). This definition does not include Pain Management Clinic.

HOSPITAL HOSPITALITY HOUSE. A building, or part thereof, occupied in whole or in part, which provides temporary lodging and support services for families that have relatives receiving medical treatment for a serious or a life threatening illness in a hospital.

HOTEL. A building, or part thereof, in which sleeping accommodations are offered to the public, primarily on a short term or transient basis, with no cooking facilities for use by the occupants, in which there may be a public dining room for the convenience of the guests, and access to the sleeping rooms is through an inside lobby or office.

HOTEL ROOMOR UNIT. A room, or group of rooms with ingress or egress, intended for rental to transients on day-to-day, week-to-week, or month-to-month basis; but, not intended for use or used as a permanent dwelling and without cooking facilities. The definition includes:

1. A sleeping room within a hotel;

2. A living or sleeping room within a dwelling, having a separate entrance from outside the dwelling other than the principal entrance of dwelling;

3. A living or sleeping room within a dwelling unit of a multiple family dwelling, having a separate entrance from outside the dwelling unit.

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

INSTITUTIONAL USES. A public or private use that provides a service, whether educational, health, religious, charitable or governmental in character, and is operated by a government, utility, college, tax-exempt or private organization, and/or a place of public assembly. Examples include, but are not limited to: public agency, library, public safety and emergency services, charitable, essential and utility services, cultural, service and religious facilities, public/private health facilities or other similar uses. For purposes of this definition, INSTITUTIONAL USES shall not include pre-K–12 schools.

INUNDATION. Water in motion or standing or ponding water of sufficient depth to damage property due to the mere presence of water or the deposit of silt or which may be a nuisance, hazard or health problem.

INVESTMENT PROPERTY. Real estate, the need for which, when offered for sale, is retained by the seller under contract with the buyer, for the term of the contract.

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

JUNK YARD. A place, structure or plot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking and salvaging yards, used lumber yards, house wrecking yards and yards or places for storage or handling of salvaged house wrecking structural steel materials. This definition shall not include pawn shops and establishments for the sale, purchase, or storage of usable second hand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances. Nor shall it apply to the processing of used, discarded or salvaged materials as part of manufacturing operations.

KENNEL. Any place or premises where four or more dogs over four months of age are kept.

K-12 SCHOOLS. Public Charter or Private schools educational facilities or learning

centers consisting of elementary (qrades K-5), middle (qrades 6-8), hiqh school (qrades 9-12), or any combination. This definition shall not include DAY NURSERY (daycares), schools/daycares ancillary to churches, trade or business schools, or ADULT EDUCATIONAL FACILITIES.

LAWFUL NONCONFORMING USE. The use of a structure or premise, existing at the effective date of these regulations [April 6, 1994], or any amendment thereto, for any purpose not permitted as a use in the zoning district in which it is located. The casual, intermittent, temporary or illegal use of structure of premise shall not be sufficient to establish a lawful nonconforming use.

LIFE CARE FACILITY. Any residential development providing efficiency or one bedroom dwelling units with common dining, recreation, and medical or nursing home facilities for persons in excess of 59 years of age.

LIMITED ACCESS. A strip of land or highway or freeway which does not permit access except at authorized and controlled points.

LINEAR FOOT FRONTAGE. A distance of one foot of a main street frontage.

LODGING HOUSE. A building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for hire more or less transiently without provision for cooking by guests or for meals for guests. This definition includes the term ROOMING HOUSE.

LOT. A parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the public record of Broward County, Florida. This definition includes the terms site, platted lot, plot, tract or parcel and land described by metes and bounds.

LOT, THROUGH. Any Lot having frontages on two parallel or approximately parallel streets.

MAIN STREET FRONTAGE. The length of the property line of any one premises parallel to and along the public right-of-way (but in no event an alley) bordering the primary access to the buildings or premises.

MASTER DRAINAGE PLAN. An engineering drawing and written report outlining the primary and secondary drainage facilities needed for the proper development of a specific increment of the city.

MASTER PLAN. A drawing which shows the intended division and improvement of real property meeting the requirements of these regulations.

MECHANICAL AMUSEMENT DEVICE. Any machine or device other than an automatic merchandise vending machine, automatic or coin-operated service trade machine, or juke box which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score; including but not limited to such devices as marble machines, mechanical grab machines, indoor shuffle boards, pinball machines, skill ball, shuffle alleys, mechanical grab machines, electronic game machines or movie machines.

MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY. Any facility where medical marijuana or any product derived therefrom is dispensed at retail.

MEDICAL OFFICE. A type of Professional Office providing services to the public by physicians, dentists, surgeons, chiropractors, pharmacists, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not limited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Retail pharmacies staffed by pharmacists that sell prescription drugs, nonprescription drugs or both and other retail goods for sale to the public, are not Medical Offices. Hospitals and Offices for social workers and mental health counselors are not Medical Offices. "Pain Management Clinics" and "Substance Abuse and Rehabilitation Centers," as defined herein, are medical offices.

MICROBREWERY, MICRODISTILLERY AND MICROWINERY. An establishment primarily engaged in the small-scale production, distribution, and wholesale of beer, ale, or other malt beverages, wine, or spirits and which may include accessory uses such as tours of the premises, retail sales, and/or on-site consumption within a designated area, e.g. tap or tasting room.

MIXED-USE, VERTICAL OR HORIZONTAL. A type of pedestrian oriented development incorporating a combination of multiple and district uses and functions, such as residential, commercial, office, hospitality, cultural, institutional, industrial and associated amenities, within one building or site. VERTICAL MIXED-USE refers to a type of urban development where compatible uses and functions are layered and physically and functionally integrated within a single building. HORIZONTAL MIXED-USE refers to a type of walkable and connected development combining single or multiple use buildings, public amenities, and utilities functionally within a site.

MOBILE HOME or HOUSE TRAILER. A trailer designed to be used as living quarters, providing the normal and usual facilities of a residence, intended by size and capacity for extended use as a dwelling.

MOBILE HOME SUBDIVISION. A subdivision of land intended for the placement of mobile homes and which meets the requirements of these regulations.

MOTEL. A building, or part thereof, in which sleeping and/or living accommodations are offered to the public, primarily on a short term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of occupants near their quarters.

N/A. Not applicable or not allowed.

NATIONAL REGISTER DISTRICT or SITE DESIGNATION. A voluntary honor which is bestowed on a property or a district by the federal government. The designation allows for tax credits in return for building improvements that comply with certain design standards. In order to receive this designation, it must be demonstrated that individual buildings or buildings within a district have made a significant contribution to a broad pattern of history or were associated with the lives of persons significant in the past or have distinctive architectural features or were designed by a master builder or yield important information to our past.

NECESSARY FACILITIESANDSERVICES. Those facilities and services which are required for the provision of adequate roads, sanitary sewer service, solid waste service, drainage, potable water service and parks and recreation as called for in the city's adopted level of service standards as referenced in this article. (Ord. O-93-47, passed 10-6-93)

NONCONFORMING STRUCTURE. A structure or portion thereof, existing at the effective date of these regulations [April 6, 1994], or any amendment thereto, which was designed or structurally altered for a use not permitted at its location by the provisions of these regulations as a new use, and/or which does not conform to all of the regulations applicable to the district in which it is located, such as setbacks, minimum floor area, and the like.

NURSERY SCHOOL. A place for the day care and instruction of children not remaining over night. This definition includes the term DAY NURSERY.

OCCUPATIONAL LICENSE. A license issued by the city as a prerequisite to the maintaining and conducting of a business, service or profession. (see Chapter 110 of the Hollywood Code of Ordinances)

OCCUPATIONAL LICENSE (RESTRICTED). Any occupational license issued to a person engaged in any business or profession whose place of business is his residence (see limitations outlined in Chapter 110 of the Hollywood Code of Ordinances).

OCCUPIED. Includes arranged, designed, built, altered, converted, rented or leased to be occupied.

OFFICE BUILDING. A structure designed to provide space for professional offices and service activities and providing a common parking area or areas for tenants and their customers.

OFFICIAL MAP. The map established by the city showing the streets, highways, and parks laid out, adopted and established by the city or additions thereto resulting from the approval of subdivision plats by the City Commission and the subsequent filing of such approved plats.

OPEN SPACE ANDINSTITUTIONAL USES. For the purpose of regulating signs, open space and institutional uses shall mean public parks and recreation areas, schools, churches, hospitals and similar public service uses.

OVERLAY REGULATIONS. A set of regulations which are superimposed upon and supplement, but do not replace, the underlying zoning district and regulations otherwise applicable to the designated areas.

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

PAIN MANAGEMENT CLINIC. A type of Medical Office providing a variety of personal services by an on-site physician who is currently licensed by either the Florida Board of Medicine or Board of Osteopathic Medicine and his or her staff, which, individually or collectively, are intended to reduce or manage pain.

PARAPET. That portion of a building wall that rises above the roof level.

PARKING. The temporary, transient storage of private passenger automobiles used for personal transportation, while their operators are engaged in other activities. Parking shall not include storage of new or used cars for sale, service, rental or any other purpose other than specified above.

PARKING LOT or GARAGE, SATELLITE. A parking lot or garage which is accessory to but located on a lot which is not contiguous with the main permitted use.

PARKING LOT and/or GARAGE, VALET. A parking lot and/or garage which is accessory to and that may or may not be located on the same lot as the main permitted use, where non-commercial personal passenger automobiles and vans are parked solely by employees or agents of the owner of the main permitted use.

PAWN SHOP. A business establishment which accepts merchandise as security for cash loans and which offers the merchandise for sale after an agreed upon period of time if the loan has not been paid.

PEDESTAL. That portion of the building or structure that is less than 50 ft. in height measured from the established grade.

PEDESTRIAN FACADE. The exterior wall of the building which is parallel to and fronting on a pedestrian area or way; has at least 70% of the wall area between 2 feet and 8 feet above the pedestrian grade occupied by untinted transparent glazing, doors, and/or display windows; and has at least one doorway per 50 linear feet of wall.

PEDESTRIAN ORIENTED COMMERCIAL ACTIVITIES. The activity in a building with a pedestrian facade having retail, service or entertainment uses which primarily rely upon walk-in customers or clients and are open to the public for a minimum of six hours between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday.

PEDESTRIAN ORIENTED COMMERCIAL USE. A Use that provides retail, service, eating/drinking or entertainment services which primarily rely upon walk-in customers and is open to the public for a minimum of 6 continuous hours between the hours of 9:00 a.m. and 6:00 p.m. Monday through Friday (entertainment, eating and drinking hours of operation may extend until 5:00 a.m.)

PERSON. Includes association, firm, co-partnership, or corporation.

PERSONAL SERVICE USES. Establishments which are primarily engaged in providing non- medical services involving the care of a person, his or her apparel, or pets. These uses include but are not limited to hair salons, laundry and dry cleaning (drop off only), pet grooming salon, shoe repair, diaper service, alterations, tailoring and jewelry repair, carpet and upholstery cleaning, photographic studios, funeral services, steam baths, reducing salons, health clubs and clothing rental.

PHARMACY. A retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both. A pharmacy may also offer accessory services such as photo processing, eyeglass care etc. For purposes of this definition, a MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY shall be treated as a PHARMACY.

PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof, however the same may be designated, prepared in accordance with the provisions of these regulations and those of any applicable law and/or local ordinance, which may be designated to be placed of record in the office of the Clerk of the Circuit Court of Broward County.

PLAT, FINAL. Is a finished map of a subdivision accurately showing all legal requirements of the State Plat Law and the requirements of these regulations.

PLAT, PERIMETER. A plat which depicts the boundaries of a parcel, but which is not a subdivision.

PLAT, PRELIMINARY. Is a copy of the plat in sufficient form to readily compare the plat with the master plan and construction plans.

PLAT OF RECORD. A plat which conforms to the requirements of the applicable laws of the state and ordinances of the county, which has been accepted by the City Commission and placed in the official records of Broward County.

PLOT or SITE. Land occupied or to be occupied by a building or use, and their accessory buildings and accessory uses, together with such yards and open spaces as are required by these Zoning and Land Development Regulations. A plot may consist of one or more portions of a platted lot and/or unplatted land, abutting and not separated or interrupted by any other parcel of land, right-of-way or body of water. This definition includes the term LOT.

PLOT, CORNER. A plot of which at least two adjacent sides abut for their full length upon streets, provided that such two sides intersect at an interior angle of not more than 135°. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135°, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.

PLOT DEPTH. The mean horizontal distance between the front and rear plot lines.

PLOT, INTERIOR. A plot other than a corner plot.

PLOT, KEY. The first plot to the rear of a reversed corner plot whether or not separated by an alley therefrom.

PLOT LINE, FRONT. The line dividing a plot from a street (public road right-of-way). On a corner plot the front plot line shall be that street plot line in line with the front line of adjacent interior plot. If this situation exists with both street plot lines on a corner plot (reversed corner), then both such plot lines shall be considered front plot lines for applying required front yard setbacks and plot width. On through plots both front plot lines shall require front yard setbacks (See Article 3).

PLOT LINE, REAR. The plot line opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot wherein the two side plot lines converge in the rear, the rear plot line shall be considered to be a line 10 feet in length within the plot parallel to and at the maximum distance from the front plot line.

PLOT LINE, SIDE. Any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a side street plot line. A side plot line separating a plot from another plot or plots is called an interior side plot line.

PLOT LINE, STREET or ALLEY. A plot line separating the plot from a street or alley.

PLOT PLAN. A drawing to scale accurately showing the size and dimensions of a plot, the size, dimensions and locations of all buildings and structures, parking facilities and other paved areas, existing and proposed, the width or distance from centerline of adjoining public road right-of-way, and any other information pertinent to depicting proposed physical development of property.

PLOT, REVERSED CORNER. A corner plot the side street line of which is substantially a continuation of the front plot line of the first plot to its rear.

PLOT, THROUGH. A plot abutting on two streets, not at their intersection.

PLOT WIDTH. The horizontal distance between the side plot lines at the depth of the required front yard.

PORCH. A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such a building. Open mesh screening shall not be considered an enclosure.

POULTRY. Any chickens, turkeys, ducks, geese, peafowl or guinea fowl.

POULTRY MARKET. A commercial establishment or place where live poultry or fowl are kept and prepared for sale, including killing or cleaning.

PREMISES. An area of land (lot or unplatted tract or any combination of contiguous lots or unplatted tracts) with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

PROFESSIONAL OFFICES. Offices which are utilized by persons employed in a profession or occupation requiring special, usually advanced, education or skill, and not involving either sales or repair of any product or merchandise or the providing of any personal services on the premises. Professional Offices include, but are not limited to, Medical Office, Law, Accounting, Real Estate, Insurance, Architecture, Engineering, Stockbroker, Banking and Financial, and Private Investigator (excluding bail bonds).

PROPERTY OWNER'S ASSOCIATION. A nonprofit organization recognized as such under the laws of the state, operated under recorded maintenance and ownership agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common areas and other similar properties. Within the text of these regulations a property owner's association is considered to be a single entity for property ownership. As used in these regulations, the term PROPERTY OWNER'S ASSOCIATION shall also be deemed to include a condominium or cooperative association having a life tenure of not less than 20 years, as well as a third party having an agreement with a condominium or cooperative association as permitted by Florida Statutes, as amended.

PSYCHIC HELP USES. Establishments primarily engaged in providing advice or counselling to persons based on readings of objects and/or extrasensory perceptions for either guidance or entertainment. Including but not limited to fortune telling, astrology, handwriting analysis, phrenology, palm reading, tarot card reading, crystal readings, psychic counselling, numerology, and channelling. Psychic help uses may not be licensed as secondary or accessory uses where not listed as a permitted use.

PUBLIC USE FLOOR AREA.

1. In motion picture theaters is defined as the lobby area or areas used for recreational uses other than the auditorium.

2. In hotel/motel and apartment complexes is defined as the lobby area, recreational building or areas specifically used for recreational uses within the building.

3. In all other categories is defined as the area devoted to the principal use or activity.

4. No open air public use area shall contribute to the calculation of public use floor area.

PUBLIC UTILITY. Includes every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is provided or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone or telegraph service to the public for compensation.

REGULATION or REGULATORY CONTROL. A rule or order promulgated by the city, or other competent authority with jurisdiction, controlling anything relative to the use and/or development of land, water or structures within the city. This may include provisions for the administration and enforcement of regulations.

REMODELING, REDECORATING or REFINISHING. Any change, removal, replacement or addition to walls, floors, ceiling and roof surfaces or coverings which do not support any beam, ceiling or floor load, and which do not affect any bearing partition columns, exterior walls, stairways, roofs, or other structural elements of a building or a structure.

REPLACEMENT UNITS. A dwelling unit(s) or hotel unit(s) that was legally established, subsequently demolished and newly constructed on the same site.

RESALE BOUTIQUE. A shop that displays and sells used articles, especially clothing for a profit to the general public.

RESERVE UNITS. These are additional permitted units which are equal up to 2% of the total number of units permitted within a flexibility zone by the Broward County Land Use Plan.

RETAIL. The sale of commodities or goods which are sold to the ultimate consumer.

RIGHT-OF-WAY. Is a strip of land dedicated or deeded to the perpetual use of the public.

RIGHT-OF-WAY INTERSECTION. The intersection of private property lines at a street intersection.

ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building structure.

ROOMING HOUSE OR BOARDING HOUSE. See LODGING HOUSE.

SATELLITE DISH ANTENNA. A device or instrument which is designed or used for the reception of television or other electronic communications signal, broadcast or relayed from an earth satellite.

SELF-STORAGE FACILITY. A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, individuals, organizations and other residential uses for self-service storage of personal property.

SERVICE STATION (FILLING STATION). Any establishment that sells, distributes or pumps fuels for motor vehicles.

SETBACK. See YARD.

SEWERAGE SYSTEM, INDIVIDUAL. A system designed to serve one unit, comprised of pipes, tanks, and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes.

SHOPPING CENTER. A group (two or more) of retail stores, service establishments or any other business, planned to serve a community or neighborhood, not necessarily under a single land ownership, which are adjacent to and utilizing a common parking area or areas.

SIGN. Any object, device, display, structure, fixture, or representation for visual communication that is used, directly or indirectly, for the purpose of bringing the subject thereof to the attention of others, or advertising or conveying information about an establishment, business, product, object, person, commodity, real or personal property, entertainment, institution, organization, activity, solicitation, or service by any means, including words, letters, figures, designs, symbols, graphics, copy, fixtures, colors, or illumination. It may be projected onto any surface or into the sky, or affixed or attached to premises, real property, fixtures on real property, or a vehicle. A SIGN that is not visible from any nearby public property, including, without limitation, a public right-of-way or private right-of-way, is not a SIGN subject to regulation under Article 8.

SIGN, ABANDONED. Any sign that advertises a service or good that is no longer available, or establishment that is no longer licensed or operational at the premises on which it is displayed, is abandoned after a period of 30 days, or any temporary sign that remains in place longer than allowed by Article 8.

SIGN, ADVERTISING. Any form of sign intended to aid, directly or indirectly, in the sale, use or promotion of a commercial product, commodity, service, activity or entertainment.

SIGN, A-FRAME. A moveable sign that can be located in the public right-of-way or on private property.

SIGN, ANIMATED. A sign that includes action or motion of any part by any means, including wind power. This definition includes, but is not limited to, pennants, streamers, bunting, and fluttering devices. This definition excludes temporary banners.

SIGN AREA. The sum of the area of the sign face, including all elements such as boards for frames, perforated or solid background, ornamental embellishments, arrows or other sign media. The structural elements necessary to support a sign need not be included as sign area. Concerning painted wall signs or flat wall signs when composed of letters only, sign area is determined by the perimeter required to support or enclose such message or messages.

SIGN, AUTOMATIC CHANGEABLE COPY. An electronically or electrically controlled message center or readerboard, on which copy changes are shown in intervals.

SIGN, AWNING-CANOPY. A non-illuminated on premises sign that is affixed flat to the surface of an awning and that does not extend vertically or horizontally beyond the limits of such awning.

SIGN, BANNER. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted, so as to allow movement of the sign caused by movement of the atmosphere.

SIGN, BILLBOARD. A permanent off-premises changeable copy sign or a sign or sign structure mounted on a building wall or freestanding structure for the primary purpose of advertising for hire of a product, entertainment, or services that is sold, produced, manufactured, or furnished at a place other than the premises on which the sign is located. The periodic, occasional, or incidental use of a BILLBOARD SIGN for non-commercial messages, whether compensated for hire or not, does not convert the BILLBOARD into a different sign type or an on-premises sign.

SIGN, BOX. A cabinet sign, with an illuminated plastic face, where the shape of the sign does not follow the shape of the individual letters or logo.

SIGN, CANOPY. An on premises sign that is integrated, attached, or otherwise affixed to the top, underside, or fascia of a canopy.

SIGN, CHANGEABLE COPY. A manual or automatic changeable copy sign.

SIGN COPY. The wording on a sign surface either in permanent or removable letter form, including, but not limited to, symbols, trademark emblems, or reproductions.

SIGN, DIRECTIONAL or INFORMATIONAL. An on-premises sign used to provide information about the premises and to guide the movement of pedestrian or vehicular traffic to or through the premises, with copy indicating messages such as, but not limited to, “entrance,” “exit,” “parking in rear,” arrows, and the like.

SIGNS, DIRECTORY. A sign at a shopping center or office building containing two or more tenants used to identify and locate the tenants.

SIGN, DOUBLE FACED. A sign with two sides having copy. Each side of the sign is generally, but not necessarily parallel. Both sides of the sign shall not be visible from any vantage point simultaneously.

SIGN FACE. Any part of a sign that is or could be used for copy.

SIGN, FLASHING. A sign that contains an intermittent or flashing light source or that includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changeable copy signs are not FLASHING SIGNS.

SIGN, FREESTANDING. A sign erected on a freestanding frame, mast or pole, and not attached to any building or any other structure.

SIGN, HEIGHT. The vertical distance measured from the established grade to the highest point of a sign or its supporting structure, whichever is higher.

SIGN, IDENTIFICATION. Any sign identifying the premises on which it is located.

SIGN, ILLUMINATED. A sign that is lighted by any light source, internal or external, whether or not said lights are physically attached to the sign. This definition shall not include signs that are illuminated by street lights or other light sources owned by any public agency or light sources that are specifically operated for the purpose of lighting the area in which the sign is located rather the sign itself.

SIGN, INTEGRAL. A sign that is constructed as an integral part of the architectural design of the building in locations that were designed for a sign.

SIGN, MANUAL CHANGEABLE COPY. A sign where slots are provided on a background for changeable letters to be manually placed.

SIGN, MARQUEE. A projecting sign attached to and extending more than 12 inches from the facade of the building but not above the roof line.

SIGN, MONUMENT. A free standing sign where the supporting structure of the sign is concealed and is architecturally and aesthetically integrated into the overall design of the sign. The supporting structure shall not have exposed poles or posts. The supporting base or structure shall be continuous under a minimum of 75% of the sign area.

SIGN, MOVABLE. A sign not permanently attached to the ground or a building, including sidewalk or sandwich signs.

SIGN, NON-COMMERCIAL. A sign that contains anything other than a commercial message.

SIGN, NONCONFORMING. A sign or sign structure that fails to conform to all applicable regulations and restrictions.

SIGN, NON-ILLUMINATED. A sign that is not illuminated.

SIGN, OFF-PREMISES. A commercial sign identifying, advertising, or directing someone to an establishment, business, person, activity, goods, products or services, located at a different location or premises from where the sign is installed and maintained.

SIGN, ON-PREMISES. A sign that is not an off-premises sign.

SIGN, PAINTED WALL. A sign painted on any outside wall of a building.

SIGN, POLE. A free standing sign that is permanently attached to the ground through the use of posts and/or poles. This definition does not include POST AND PANEL SIGNS.

SIGN, POLE BANNER. A sign composed of lightweight material supported by a rigid frame and not subject to movement caused by movement of the atmosphere, secured or mounted on a permanent ground mounted flag pole or light pole, intended to be displayed on a regular basis. A POLE BANNER SIGN shall not be of a type referred to as fly flags, swooper flags, shark fin banners, wing banners, sail banners, feather banners, pennants, streamers, or other signs of a similar nature.

SIGN, POST AND PANEL. A freestanding sign that has a non- internally illuminated panel and is supported by non-continuous structural elements or posts. The signs are generally small in scale and massing, and incorporate pedestrian oriented details and design, compatible with the architectural character of the related building and its site. Such signs are not typically referred to as pylon signs, monument signs, pole signs, and other signs of similar definitions.

SIGN, PROJECTING. A sign other than a flat wall sign that is attached to and projects from a building or structure face at any angle. A marquee sign shall be treated as a projecting wall sign.

SIGN, ROOF. A sign erected over or on the roof or extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building or portion thereof, for support.

SIGN, ROTATING. A sign or portion of a sign that moves in a revolving or similar manner.

SIGN, SNIPE. A sign that is tacked, nailed, posted, glued or otherwise attached to trees, poles, stakes or fences or to other objects.

SIGN STRUCTURE. A structure that supports, has supported or is capable of supporting a sign, including decorative cover.

SIGN, SWINGING. A sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.

SIGN, TEMPORARY REAL ESTATE. A sign erected by an owner or his agent indicating the real property upon which the sign is located is for rent, for lease, or for sale.

SIGN, TEMPORARY WITH ACTIVE BUILDING PERMIT. A sign erected and maintained by an architect, contractor, subcontractor, and/or materials business, upon property whereupon such individual and/or materials business is furnishing labor or material for new construction or major renovation.

SIGN, VEHICULAR. A sign affixed to or painted on a transportation vehicle, including automobiles, trucks, boats, trailers, and campers, for the purpose of identification or advertising anything other than the vehicle or its contents/use.

SIGN, WALL. A sign attached to or erected against the wall or facade of a building, the display surface of which is parallel to the building wall not extending above the roof line of a building or extending more than 12 inches from the facade of the building to which it is attached.

SIGN, WINDOW. A sign that is painted on, applied to, attached to or projected on glazed doors and glass areas of a building. Signs that are located within five feet of a glass area and can be seen from the outside of the building are considered window signs.

SMOKE SHOP. A retail establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, cannabidiol ("CBD"), Hemp, Synthetic Marijuana, Synthetic THC, Delta 8 ( Tetrahydrocannabinols), and any other associated paraphernalia, including the inhaling or exhaling of smoke or vapor from an electronic device (" vaping"), and the smoking, inhaling, or vaping ofsubstances or products legally permissible by federal, state, and local regulation, for adult consumption off premises. Grocery stores, supermarkets, CONVENIENCE STORES, as defined by the Zoning and Land Use Development Regulations, or similar retail uses, including retail establishments which derive less than 25% of its annual gross revenue, dedicated to the aforementioned shall not be included within the definition of a smoke shop. In addition, MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY shall not be included within the definition of a smoke shop. This definition strictly prohibits cannabis products for recreational use as prohibited by Florida Statutes.

SOCIAL SERVICE FACILITY. A facility, for unrelated guests that offers substance abuse counseling, no or nominal cost meals, no or nominal cost lodging or no or nominal cost clothing. This definition includes, but is not limited to, homeless shelters, free restaurants, half-way housing, and Substance Abuse and Rehabilitation Center. This definition does not include an ALF or CRH that is regulated by the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Family Services or Agency for Health Care Administration.

SPECIAL EXCEPTION. A use that is not generally appropriate in a district, but would be appropriate if it is consistent with the review criteria listed for Special Exceptions (See § 5.3.G.)

SPECIALTY MARKET. A retail business closed between the hours of 10:00 p.m. through 8:00 a.m., also known as a delicatessen-type establishment, primarily engaged in retailing a general line of food, such as canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry and in many instances providing products associated with various cultures and countries, alcoholic beverage, limited to beer and wine.

STORY.

1. That portion of a building included between the uppermost surface of any floor and the uppermost surface of the floor or roof next above.

2. That portion of building between floor and ceiling which is so located that more than half of the clear height from floor to ceiling is above grade.

STREET. A strip of land designated for vehicular traffic which affords a principal means of access to a lot, or more than one dwelling unit, whether it is designated as a street, highway, thoroughfare, parkway, throughway, road boulevard, lane, place or, however designated, excluding however alleys and expressways.

STREET, COLLECTOR. A street which carries traffic from local streets to arterial streets and includes the principal entrance streets of a subdivision or a development and the streets for circulation within such subdivisions or developments, and for purposes of these regulations shall be considered a street of higher classification than a local street.

STREET, CUL-DE-SAC. Shall carry the same meaning as the term CUL-DE-SAC as defined in these regulations.

STREET, EXPRESSWAY. A street which is used only for the movement of vehicles providing for no vehicular or pedestrian access to abutting property, except for street access by grade separation interchanges. Access to expressway is not permitted except at authorized and controlled points. The acquisition of right-of-ways for expressways includes the acquisition of access rights thereto.

STREET, LIMITED ACCESS. Shall carry the same meaning as the term LIMITED ACCESS.

STREET, LOCAL. A street designed and maintained to provide access to abutting property. A local street is of limited continuity and not for through traffic.

STREET, MAJOR ARTERIAL. A street of higher classification than local streets and is used primarily for traffic traveling a considerable distance within or through an area not served by an expressway. A major arterial is of considerable continuity, used primarily as a main traffic artery. A major arterial may also be a limited access street.

STREET, MARGINAL ACCESS. A street which is parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets and which has its principal purpose of relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. A marginal access street may also be called a frontage street.

STREET, MINOR. Shall carry the same meaning as the term LOCAL STREET.

STREET, MINOR ARTERIAL. A street of higher classification than a local street and is used for continuous travel, primarily as a main traffic artery, but is more intermittent than a major arterial and carries more traffic for greater distances than a collector street. A minor arterial serves to carry traffic from collector streets to expressways and major arterials.

STREET, PRIVATE. Any street existing prior to or at the time of adoption of these regulations which has not been dedicated for public use and not accepted for ownership or maintenance by the City Commission. After adoption of these regulations, only streets controlled by a property owner's association or condominium or cooperative association as defined by state law may be retained as private streets by said association as long as said association accepts the obligation for complete control and maintenance.

STREET, PUBLIC. Is any street designed to serve more than one property owner, and must be dedicated to the public and be accepted for ownership and maintenance by the city, unless it is a private street, allowed by the terms of these regulations.

STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.

STRUCTURAL ALTERATION. Any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

SUBDIVIDER. Shall carry the same meaning as the term DEVELOPER.

SUBDIVISION. Any division or re-subdivision of a lot, tract or parcel of land, regardless of how it is to be used, either by platting or by metes and bounds into two or more lots, building sites or other divisions of one acre or less, for the purpose, whether for the immediate or future transfer of ownership, lease, legacy, or building development, including any division of land involving a dedication, change or abandonment of a public street, site, easement or other right-of-way for any public use of facility.

SUBSTANCE ABUSE AND REHABILITATION CENTERS. A type of Medical Office established to aid persons affected by excessive or illegal use of drugs, narcotics or other hallucinatory substances, not including alcohol, who have developed a dependency on such substances, including but not limited to methadone maintenance facilities, and outpatient rehabilitation facilities.

SURFACE WATERS. Those waters which have been precipitated on the land or forced to the surface in springs, and which have then spread over the surface of the ground without being collected into a definite body or channel. They appear as puddles, sheet or overland flow and rills and continue to be surface waters until they disappear by infiltration or evaporation, or, until by overland or vagrant flow, they reach well-defined watercourses or standing bodies of water such as lakes or seas.

SURVEYOR. A land surveyor registered in this state.

TEMPORARY USES. Temporary uses are those events or uses, with a duration of less than one year, with the intent to discontinue such use on the expiration of the time period. A Temporary event or use is an event or use which is not one of the authorized uses of the Code for a property but may be permissible for a limited duration. A temporary event or use is use which is not included as a customary, primary, or ancillary use as identified on a Certificate of Use. Any use of the property already included in a Certificate of Use for that property will not constitute as a temporary event or use. A Temporary use may also be defined as an event that impacts traffic, access to the public right-of-way, or may be open to a large number of people.

Temporary events or uses include a carnival, block party, neighborhood celebration event, festival, fair, farmer's market, pop-up event, outdoor sales, outdoor storage related to permitted construction, or similar type of event or use.

TENT. Any structure or enclosure, the roof of which and/or 50% or more of the sides, are of silk, cotton, canvas or similar fabric.

TEXT CHANGE (AMENDMENT TO THIS ORDINANCE). Any addition to, deletion of or change of wording in subject matter with respect to these zoning and development regulations.

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

TOURIST COURT. Any group of attached or detached dwellings which are provided primarily for transient guests, including auto courts, motels and motor lodges.

TOURIST HOME. A building or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with or without meals, and which also serves as the residence of the operator.

TOWER. That portion of a building or structure that is greater than 50 ft. in height.

TOWNHOME (TOWNHOUSE) OR TOWNHOME (TOWNHOUSE) DEVELOPMENT. A grouping (more than two units) of single family attached or detached units on one site so that no unit is above another unit with each unit having separate ingress and egress.

TRAFFIC CONTROL DEVICES. Any sign that is used as a TRAFFIC CONTROL DEVICE and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the national standard, and as may be revised from time to time. A TRAFFIC CONTROL DEVICE sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs, and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). These devices are not regulated as signs under this article.

TRAILER. A vehicular structure mounted on wheels, designed to be pulled by another vehicle.

TRAILER CONTROL DEVICES. Any mechanism used to regulate traffic, such as pavement striping, signs, and the like excluding however, for the purpose of these regulations any mechanical or electrical device, such as traffic lights.

TRAILER, HOUSE. (See MOBILE HOME).

TRAILER, UTILITY. A trailer designed to transport materials, goods or equipment. This includes boat trailers.

UNIT. See (APARTMENT UNIT, DUPLEX, HOTEL UNIT OR TOWNHOME).

USE. The purpose for which land or a structure thereon is occupied, utilized or maintained.

USE, FIRST PERMITTED. A use which in the sequence of successively less restrictive districts is listed as a permitted use for the first time in a certain district, and is not normally permitted in higher or more restrictive districts.

USE OF LAND. Includes use of water surfaces and land under water to the extent covered by zoning districts, and over which the city has jurisdiction.

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

USE, RESIDENTIAL. A use for living or sleeping of persons not institutional in character, such as a one family, two family or multiple dwelling, rooming house, hotel, motel, tourist home, lodging house, boarding house, villas, bungalow court.

USE,TRANSITIONAL. A use of land or buildings located or permitted to be located on certain plots abutting a zoning district boundary line in the more restrictive of the two different zoning districts on either side of such boundary line, which use is not among the uses generally permitted in other locations in said more restrictive district.

VACATION. To abandon, discontinue or close any existing public street, alleyway, easement or any public lands and waterways to renounce and disclaim any right of the city and the public in and to any land in connection therewith.

VARIANCE. A modification of, or deviation from the regulations which is authorized and approved by either the Planning and Development Board, or Historic Preservation Board after the applicable Board finds that the Variance request meets the criteria set forth in Article 5.

VEHICLE, COMMERCIAL. Any vehicle designed or used, or maintained primarily for the transportation of property and/or persons for hire including but not limited to tractors, trailers or any part thereof, wreckers, tow trucks or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function or taxicabs or any vehicle commonly recognized as a truck or commercial vehicle or any vehicle whose maximum gross weight exceeds 5,000 pounds or contains advertising markings in excess of three square feet per side of per vehicle top.

VEHICLE, RECREATIONAL. Any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camping or travel use: either a vehicular structure mounted on wheels; self-powered or designed to be pulled by another vehicle; or a structure designed to be mounted upon and carried by another vehicle. This definition is intended to include the following:

1. CAMPING TRAILER. A vehicular portable structure mounted on wheels, constructed with collapsible partial side wall of fabric, plastic or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters.

2. TRUCK CAMPER. A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters.

3. HOUSE-BUS, CAMP-BUS or MOTOR HOME. A structure built on and made an integral part of self-propelled motor vehicle chassis primarily designed to provide temporary living quarters.

4. TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be pulled by a standard passenger automobile and to be used as temporary living quarters.

VEHICLE, SPECIAL PURPOSE. A vehicle especially designed primarily for unusual terrain and conditions and which is not usually licensed for or used on the public roads, such as swamp buggies and track layers (caterpillar-track drive).

VENDING MACHINES. Any machine or device which, upon the insertion of a coin, slug, token, plate, disc or card, will dispense merchandise or tickets.

WALL. All window and wall area of a building in one plane or elevation.

WATER SYSTEM, CENTRAL. The supply of water to serve more than one dwelling, commercial, industrial, institutional or other units and shall include the water source, pipes, pumps, tanks, treatment plants and all other appurtenances to the system.

WATER SYSTEM, INDIVIDUAL. A water source and other appurtenances supplying water to only one dwelling, commercial, industrial, institutional or other units.

WATERWAY. A stream, canal or body of water, dedicated to public use, publicly owned, or used and available for public travel by boats, not including privately owned bodies of water or drainage ditches.

WORK. Shall include all required construction as shown on approved plans and specifications for all facilities and features of any kind which are required, related to the process of subdivision or land under these regulations.

YARD. A space on the same plot with a structure or use, open and unobstructed from the ground to the sky except by encroachments specifically permitted in these regulations. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured perpendicular and inward from the respective plot lines. The term YARD includes the term SETBACK, and these terms are synonymous. When the term YARD is used it shall mean the minimum required yard or setback.

YARD, FRONT. A yard extending across the full width of the plot along the front plot line from side plot line to side plot line.

YARD REAR. A yard extending across the full width of the plot along the rear plot line from side plot line to side plot line.

YARD, REQUIRED. The minimum yard required by these regulations. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

YARD, SIDE. A yard extending along the side plot line from the front yard to the rear yard.

YARD, SIDE (STREET). A side yardadjacent to a street.

ZONING CODE. The Zoning and Land Development Regulations of the city.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-91-73, passed 10-16-91; Am. Ord. O-94-12, passed 4-6-94; Am. Ord. O-94-25, passed 7-6-94; Am. Ord. O-94-29, passed 7-6-94; Am. Ord. O-94-73, passed 11-23-94; Am. Ord. O-95-5, passed 12-28-94; Am. Ord. O-95-26, passed 3-22-95; Am. Ord. O-95-56, passed 7-26-95; Am. Ord. O-96-18, passed 5-22-96; Am. Ord. O-97-28, passed 6-25-97; Am. Ord. O-99-14, passed 5-12-99; Am. Ord. O-2001-16, passed 5-16-01; Am. Ord. 0-2002-35, passed 10-2-02; Am. Ord. O-2006-24, passed 7-5-06; Am. Ord. O-2008-11, passed 6-4-08; Am. Ord. O-2008-21, passed 9-3-08; Am. Ord. O-2009-24, passed 7-15- 09; Am. Ord. O-2009-39, passed 12-2-09; Am. Ord. O-2010-12, passed 4- 7-10; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2012-05, passed 3-7-12; Am. Ord. O-2013-02, passed 1-9-13; Am. Ord. O-2013-05, passed 1-16-13; Am. Ord. O-2013-12, passed 6-19-13; Am. Ord. O-2016-22, passed 10-19-16; Am. Ord. O-2017-23, passed 12-6-17; Am. Ord. O-2018-17, passed 11-7-18; Am. Ord. O-2019-03, passed 3-20-19; Am. Ord. O-2022-16, passed 12-06-23; Am. Ord. O-2035-01, passed 01-23-25; Am. Ord. O-2025-06, passed 18-06-25)