No building or structure or part thereof shall be erected, constructed, reconstructed or altered and maintained, and no existing use, new use, or change of use of any building, structure or land or part thereof shall be made or continued, except in conformity with the provisions of these Zoning and Land Development Regulations.

(Ord. O-84-16, passed 2-15-84)

No building or structure which has not been completed in substantial conformity with a site plan or building plans and specifications upon which the building permit for its construction was issued shall be maintained or be permitted to remain unfinished for more than six months after active construction operations have been suspended or abandoned.

(Ord. O-84-16, passed 2-15-84)

The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for, or an approval of, a violation of any of the provisions of these Zoning and Land Development Regulations. No permit presuming to give the authority to violate or cancel the provisions of these regulations shall be valid except insofar as the work or use which it authorizes is lawful. Nor shall such permit prevent the enforcing officer from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of these regulations.

(Ord. O-84-16, passed 2-15-84)

No resubdivision of platted lots shall be permitted except by an approved and recorded amended plat. In any such resubdivision, no lot shall be created which does not conform to the regulations of the zoning district within which such land is located.

(Ord. O-84-16, passed 2-15-84)

No plot may be built upon unless said plot is accessible by a dedicated public way or by a private street or way which has been approved by the City Commission.

(Ord. O-84-16, passed 2-15-84)

Where a plot is to be occupied for a permitted use without buildings, the side yards and front yard required for such plot shall be provided and maintained unless otherwise stipulated within these Zoning and Land Development Regulations, except that side and rear yards shall not be required on plots used for private garden or public recreational purposes when such uses do not include use of buildings of structures.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.7 4-6-94)

No land which is residentially zoned shall be used for driveway or vehicular access purposes to any other plot which is nonresidentially zoned or used for any purpose not permitted in a residential zoning district unless specifically permitted by the provisions of these Zoning and Land Development Regulations.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.10 4-6-94)

The requirements of these Zoning and Land Development Regulations as to minimum plot area or width shall not be construed to prevent the use of any lot or parcel of land for any use otherwise allowable within the applicable zoning district provided such lot or parcel was held with no other contiguous land within the same ownership on the date that such plot area or width requirements became applicable to the property and further provided that all other requirements of the applicable zoning district are satisfied.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.11 4-6-94)

No parcel of land, which has less than the minimum width and area requirements of the zoning district within which it is located, may be separated from a larger parcel of land ownership for the purpose, whether immediate or future, of building or development as a separately owned plot.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.12 4-6-94)

No land which is zoned residential shall be used for open storage of building materials or construction equipment except in connection with a lawfully existing nonconforming use or when incidental to construction operations on the same or adjacent property for which a valid building permit is in effect.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.13 4-6-94)

A legally constructed primary building which exists with setbacks less than those required by current city ordinances may be extended along the established building lines within the required setback areas, provided:

1. Such additional construction shall not encroach further into the required setback area than the existing building line; and
2. The property owner requesting such construction applies to the Director submits an application to the Planning and Urban Design Division for an Administrative Decision. Such application should include an acceptable site plan and a narrative explaining the need for the request. Reasonable attempts should be made to comply with current required setbacks; and
3. Modifications or additions to legally constructed residential structures do not encroach within 5 feet of a lot line. Vertical additions shall meet the requirements of the current zoning ordinance.
4. A unit in a legally constructed townhouse development may be extended along the established side building lines provided A. and B. above, are complied with and:
   1. The property owner requesting such construction obtains and submits the written consent of all property owners adjacent to said established side building lines in a form acceptable to the city.
   2. Should any such adjacent property owner object to said construction, the Director shall deny the request, and the applicant may then apply to the Planning and Development Board for a Variance as set forth in these Zoning and Land Development Regulations.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-2001-16, passed 5-16-2001) (O-94-13 renumbered from 3.17 4-6-94; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2025-06, passed 18-06-25)

It is the purpose and intent of the regulations within this section to provide procedures whereby lawful nonconforming structures and uses, as herein defined, may be maintained, enlarged or modified where such maintenance, enlargement or modification will not have a detrimental effect upon other persons or property within the vicinity, and in so doing to bring such uses and structures up to present city standards to the maximum possible extent.

1. Nonconforming use.
   1. The lawful nonconforming use of a building may be continued, although such use does not conform to the regulations of the applicable zoning district within which the building is located, so long as it remains otherwise lawful with the Code of Ordinances Any such use may be changed to a use of the same or more restrictive nature as determined by the Director of Development Services and extended throughout the building, provided no major structural alterations, except those required by law, are made therein and the cubical contents of the building are not enlarged. The Division of Planning and Urban Design shall determine what constitutes "major structural alterations" by way of an Administrative Decision.
   2. If such nonconforming use is discontinued for a period of three months or more, any further use of said building shall be in conformity with the regulations of the applicable zoning district unless otherwise approved by the Planning and Development Board pursuant to division H. of this section within 24 months of the abandonment. A lawful nonconforming use is reestablished by the approval of a Special Exception by the Planning and Development Board.
2. Conforming use of a nonconforming building.
   A lawful nonconforming building may be utilized for any use that conforms to the regulations of the applicable zoning district within which the building is located, provided no structural alterations except those required by law are made or cubical contents of the building enlarged except pursuant to division H. of this section. A nonconforming building may be altered to decrease its nonconformity. Requests to improve the condition of a nonconforming use of a nonconforming building to decrease its nonconformity will be evaluated by way of an Administrative Decision.
3. Nonconforming use of a nonconforming building. The lawful nonconforming use of a lawful nonconforming building may be continued although such use and building do not conform to the regulations of the applicable zoning district within which the building is located. Such use may not be expanded to utilize additional floor area to that which existed at the time its lawful nonconformity was established, and no structural alteration (except as required by law) or enlargement of the cubical contents of the building is permitted except pursuant to division G. of this section.
4. Nonconforming Use of Land. The lawful nonconforming use of land may be continued although such use does not conform to the regulations of the applicable zoning district within which the land is located. However, no such use shall be enlarged, intensified or extended to occupy a greater area of land or reinstated following discontinuance for a period of six months or more, except as approved pursuant to division G. of this section.
5. Nonconforming structures. Lawful nonconforming structures other than buildings are likewise permitted to remain, provided no structural alterations other than those required by law are made, and further provided that the discontinued use of such structure or the use or building to which it is necessary for a period of six months or more shall require its modification so as to comply with the regulations of the applicable zoning district. A nonconforming structure may be altered to decrease its nonconformity. Requests to improve the condition of a nonconforming structure to decrease its nonconformity will not be subject to the process outlined in subsection H of this section.
6. Maintenance and repairs. Necessary maintenance and repairs may be made to any nonconforming building or structure, provided no structural alterations are made, and further provided that such work does not exceed 50% of the value of such building or structure in any 12-month period as shown on the county tax assessment records or as established by an independent appraiser who is a designated member of any nationally recognized professional appraiser's organization.
7. Nonconforming accessory uses and accessory structures. Nonconforming accessory uses or accessory structures shall not continue after the principal use or structure is terminated by abandonment, damage or destruction unless such accessory use or accessory structure conforms to the standards for the zoning district in which it is located. Any nonconforming accessory use or accessory structure shall be brought into conformity with these ZLDRs whenever a substantial improvement to, addition to, or change in the principal use or structure on the property is proposed and approved. A nonconforming accessory use or accessory structure may be altered to decrease the condition of the accessory use or principal use’s nonconformity. Requests to improve the condition of an accessory use or principal use’s nonconformity will not be subject to the process outlined in subsection H of this section but may be evaluated through the Administrative Site Plan process.
8. Processing of applications. The Planning and Development Board shall hear applications for the following, according to procedures and criteria set forth for Special Exceptions outlined in Article 5 of these Zoning and Land Development Regulations.
   1. Re-establishment of a nonconforming use which had lawfully existed as requested, but which has been discontinued for a period of six months or more.
   2. Expansion of a lawful nonconforming use within a building to utilize additional floor area within such building not otherwise permitted.
   3. Intensification of a lawful nonconforming use of land or extension of such use to occupy a greater area than otherwise permitted.
   4. Establishment of a nonconforming use within a lawfully nonconforming building which, because of its unique design or orientation or location, is appropriate for such use.
   5. Change, enlargement, expansion or restoration of a lawful nonconforming building.
9. Any approval of H.1. through H.5. above shall be based upon the findings by the Planning and Development Board that:
   1. The approval of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant.
   2. The approval will not, under any circumstances of the particular case, be detrimental to the health, safety and general welfare of persons working or residing within the vicinity.
   3. The approval will not be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the city.
   4. The approval will, to the maximum extent possible, bring the use or building and the site upon which it is located into compliance with city regulations.
      In authorizing approval, the Board shall include such conditions as it deems necessary and reasonable under the circumstances to carry out the intent of this section.
10. Compliance With Regulations. Nothing in this section shall diminish the responsibility of an owner to maintain his use or structure in full compliance with all other city, county, state or federal regulations or licensing procedures.
11. Establishment of non-Conformity. For the purpose of this section, the mere possession of a valid approval to use land or buildings or valid license to do so without actual demonstrable use of such land or structure is an insufficient basis to establish lawful nonconformity.
12. Approvals. All approvals pursuant to the provisions of this section shall become null and void unless the appropriate building or other permit or license is applied for within 24 months of the date of such decision by the Board. All approvals shall run with the land and are not personal to the owner of such land at the time of approval.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-91-64, passed 9-4-91; Am. Ord. O-94-13, passed 4-6-94; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2009-39, passed 12-2-2009; Am. Ord. O-2011-14, passed 5-4- 11; Am. Ord. O-2015-13, passed 6-17-15) (O-94-13 renumbered from 3.18, 4-6-94; Am. Ord. O-2025-06, passed 18-06-25)

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-94-13, passed 4-6-94; Am. Ord. O-2001-16, passed 5-16-2001; repealed by Ord. O-2002-03, passed 1-16-2002) (O-94-13 renumbered from 3.19, 4-6-94)

When a use is not specifically listed as a main permitted use, or Special Exception or prohibited use in a zoning district within which such use has been requested, such use may be permitted as follows:

1. If the use is permitted in another zoning district within the same land use designation (industrial, residential, business, and the like), the use may be permitted in more intense zoning categories within the same land use designation but not in less intense zoning categories. For instance, if the use is permitted in an I-2 zoning district, it may be allowed in an I-3 or I-4 zoning district but not permitted in an I-1 zoning district; or
2. By administrative decision of the Director subject to a finding that such use exhibits a character and intensity similar to a use allowed in the district. Appeal of the Director’s decision is to the Planning and Development Board and considered as an appeal of an administrative decision.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-94-13, passed 4-6-94; Am. Ord. O-2000-24, passed 6-7-2000; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.20 4-6-94)

Base building lines are established within the city in response to the need to prevent encroachment of new development upon land area identified as necessary for future street widening. All front and streetside setbacks required by these Zoning and Land Development Regulations shall be measured from a designated base line. Base building lines are specified for all streets within the city as follows:

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-86-42, passed 7-16-86; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.21, 4-6-94)

1. All applications for building permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the setback lines observed, and such other information as may be requisite and necessary to provide for the enforcement of the regulation contained in these regulations. A record of such application and copy of plats shall be kept by the Building Inspector.
2. No permit for the construction of any building shall be issued by the Inspector unless the plans and specifications of such building filed with the application for the permit shall insure without question the same class of construction, same quality of building and same general appearance of the buildings already constructed within the area of like zoning where such building is to be constructed.
3. In all instances where it is determined by the Department that a proposed building permit requested for construction of a two-family residence is proposed on property which does not have adequate area under the applicable zoning to support additional dwelling units beyond the two-family units requested, the Department shall require that the applicant for such building permit execute a written declaration to the city which shall be prepared by the City Attorney's Office and which shall state in substance that such two-family residential building shall be used solely for the occupancy as a home or residence for not more than two separate and distinct families and that such declaration shall prior to occupancy of said two family residence be duly executed, witnessed acknowledged and recorded in the public records of Broward County, Florida.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-87-55, passed 9-16-87; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.27 4-6-94)

1. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purposes whatsoever until a certificate of occupancy or certificate of completion shall have been issued by the Building Inspector, stating that the premises or building complies with all the provisions of these regulations.
2. No change or extension of use and no alteration shall be made in a nonconforming use or premises without a certificate of occupancy having first been issued by the Inspector that such change, extension or alteration is in conformity with the provision of these regulations.
3. No building or premises may be occupied until such certificate shall have been issued.

(Ord. O-84-16, passed 2-15-84; Am. Ord. O-94-13, passed 4-6-94) (O-94-13 renumbered from 3.28 4-6-94)

If any area is hereafter transferred to another district by a change in the district boundaries by amendment, the provisions of these regulations with regard to buildings or premises existing or building permits issued at the time of the passage of these regulations, shall apply to buildings or premises existing or building permits issued in such transferred area at the time of such amendment.

(Ord. O-84-16, passed 2-15-84) (O-94-13 renumbered from 3.29 4-6-94)

1. Density refers to the gross area (lot area includes to the center line of a street) available to be developed. It is used to determine the maximum number of units allowed on a site based upon the maximum allowed density as set forth in the zoning district and as determined below.
2. The area associated with bodies of water, excluding drainage canals, the Intracoastal Waterway and North and South Lakes, shall be used in the calculation of the maximum allowed density on a site. Easement areas located within the site are calculated in the area used for determining density. Density from one site shall not be transferred to another site unless provided otherwise by these regulations.
3. The maximum allowed density on a site shall only be increased through the application of Reserve Units or Flexibility Units (See § 3.20) or Replacement Units pursuant to the procedures set forth in the City's Comprehensive Plan and Broward County Land Use Plan or through the use of Replacement Units and as set forth below:
   1. An application for Reserve Units shall be processed using the criteria for a rezoning and heard by the Planning and Development Board. The determination of the Planning and Development Board constitutes a recommendation to the City Commission who shall hold a public hearing prior to making its decision. Notice of the City Commission's public hearing shall be the same as that which was provided for the Planning and Development Board. The City Commissions's determination is personal to the project that was submitted. Any increase in density beyond that which was approved by the City Commission requires a new application.
   2. An application for Flexibility Units shall be processed as an amendment to the Future Land Use Element of the Comprehensive Plan.
   3. The use of Replacement Units may be approved by the Director based upon the following standards:
      1. The site is not located in Single Family District, RM-9 or RM-12 District.
      2. All units in the development shall meet or exceed the minimum floor area requirements.
      3. The development shall provide all of the required parking.
      4. The development shall not exceed the maximum height established in the zoning district.
      5. The development shall provide the minimum required setbacks.
      6. A development, which includes Replacement Units, may be awarded Flexibility or Reserve Units.
      7. No development shall exceed 50 units per acre.
      8. Hotel units shall not be replaced with apartment units; however apartment units may be replaced with hotel units.
   4. Bonus Units are only allowed in the CCB-1, CCB-2, CC and RM9-T Zoning Districts and Special Residential Facilities pursuant to the Comprehensive Plan, Land Use Element.
   5. An appeal of the Director’s decision shall be considered as an Appeal of an Administrative Decision.
   6. An application fee of $230 plus $25 per Flexibility Unit, Reserve Unit, Replacement Unit or Bonus Unit shall be collected upon the submission of an application to receive Replacement Units.
4. The maximum allowed density on a site is the density established in the zoning district plus any approved Flexibility Units or Reserve Units or Replacement Units. An application to exceed the maximum allowed density shall only be considered as a change of zoning and must be consistent with the Comprehensive Plan.
5. In determining the maximum allowed density, fractional unit figures shall be rounded to the closest whole number.
6. The number of permitted units shall be rounded to the nearest whole number. Fractional unit of 0.5 is rounded to the highest whole number.

(O-84-16 2-15-84; Am. Ord. O-94-13, passed 4-6-94; Am. Ord. O-2000-28, passed 7-5-2000; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2009-39, passed 12-2-09; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.26 4-6-94)

1. The Broward County Land Use Plan contains policies comprised of “Rules of Flexibility.” These rules address density for residential areas and uses, and intensity for non-residential areas and uses. The rules are designed to allow for local governments to make relatively minor changes to their adopted land use plans without a corresponding county action on the County Land Use Plan, which would otherwise be required to maintain consistency between the city and county plans.
2. In order to maintain accountability over application of the rules the county map has been divided into “flexibility zones,” which are geographic areas within which the rules may be applied. Totals for acreage of each use and the resulting density for residential land uses are compiled on tables for each flex zone and these tables are updated each time one of the rules of flexibility is applied. The Department maintains maps which contain all or part of 20 flex zones.
3. Local governments are not allowed to apply the rules of flexibility unless their plan has been certified as being consistent with the County Plan.
4. The implementing document for the processing of the flex rules is the Administrative Rules Document: Broward County Land Use Plan, as amended.
5. Residential uses: Broward County Land Use Plan policy 01.02.01 allows for rearrangement of density within a flex zone using “Flexibility Units” or “Reserve Units.”
   
   Example: Flexibility Zone 90, where City Hall is located, contains a total of 733.21 acres. The City's land use plan designates 555.42 acres of this zone in various density categories of residential use with a total of 4,248.65 dwelling units being permitted. The County's plan designates 581.54 acres as residential and allows for 4,287.03 dwelling units. Therefore:
   
   4,287.03 - 4,248.65 = 38.38 There are 38.38 “Flexibility Units” available in Flex Zone 90.
   
   4,287.03 X 0.02 = 85.74 There are 85.74 “Reserve Units” available in Flex Zone 90.
6. Flexibility and Reserve Units may not be transferred from one flex zone into another except Community residential Homes. The number of Reserve Units allocated to a parcel designated for residential use:
   1. Shall not exceed 100% of the maximum number of dwelling units indicated for the parcel on the City's Comprehensive Plan-Land Use Element (plan).
   2. In no instance shall a density of greater than 50 dwelling units per gross acre be permitted.
7. Broward County Land Use Plan policy 02.04.05 allows for a decrease of commercial acreage within a flexibility zone by 20% for residential use. This may be done by assigning Flexibility or Reserve Units or by reducing the density of a residential area within a flex zone so that the number of dwelling units allowed in the flex zone is not increased.

(O-84-16 2-15-84; Am. Ord. O-94-13, passed 4-6-94; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.32 4-6-94)

All business uses and activities shall be conducted within a completely enclosed building except for the following:

1. Vehicular storage and terminal activities associated with transportation uses.
2. Uses and activities that are customarily associated with service stations; however, all repair work shall be conducted within a completely enclosed building.
3. Sidewalk and outdoor cafes.
4. Vehicle storage associated with the rental of vehicles including motorcycles.
5. Broadwalk District: All outdoor uses shall be reviewed pursuant to the Special Exception process. The Director may elect to process these requests in a manner like an Administrative Variance procedure. The Director's decision to process these requests in this manner is based on a finding that the proposed use is consistent with the Commercial Renovation Program for the Broadwalk and/or neighborhood plan for the area.
6. Paintings, sculptures and pottery may be sold on private property which is located in the Regional Activity Center District: RC-2 – Historic Retail Core District subject to the following restrictions:
   1. Paintings shall be limited to original works and limited editions.
   2. Pottery shall be limited to wheel or sculptured places.
   3. If located in the entranceway to a storefront, the display area shall be at least 1000 sq. ft. If located on an unimproved or paved lot, the display area shall be at least 2,500 sq. ft. The Director may require site and building improvements to insure that the objectives of the Redevelopment Plan are met through the approval of this use.
   4. If the display area is located within 150 ft. of a school or place of worship, then the paintings, sculpture and pottery shall be screened from view from persons on the public right of way who are traveling (in vehicle or walking) to the school or place of worship.
   5. This use is limited to weekends and national holidays.
   6. The design and location of the display furniture shall be approved by the Director. Appeal of this decision shall be to the City Commission.
   7. The approval shall be in the form of a revocable permit which will be issued by the Department. The criteria for approval shall be compliance with the standards listed above. The permit may be revoked upon the order of the Director. Appeal of a revocation shall be to the City Commission. Sufficient cause to revoke the permit shall be due to violations of the standards of this ordinance. Appeal of a City Commission decision shall be to a court of competent jurisdiction.

(Ord. O-94-13, passed 4-6-94; Am. Ord. O-96-19, passed 5-22-96; Am. Ord. O-2011-14, passed 5-4-11) (O-94-13 renumbered from 3.33 4-6-94; Am. Ord. O-2016-22, passed 10-19-16)

1. The distance separation requirements for check cashing stores and pawnshops shall be 1,000 linear feet between a check cashing store and another check cashing store and 1,000 linear feet between a pawnshop and another pawnshop.
2. The distance separation requirement minimums for Social Service Facilities shall be as follows:
   1. 1,200 feet of a preexisting Social Service Facility;
   2. 500 feet of a preexisting educational institution;
   3. 500 feet of an area zoned within the city for residential use; or
   4. 500 feet of an area within the city carrying a Land Use Designation of Residential on the Future Land Use Map of the City's Comprehensive Plan.
3. There shall be a ½ mile distance separation requirement, however no more than one of the below described uses may be located within the same property, for Pain Management Clinics from the following uses:
   1. Preexisting Pain Management Clinic;
   2. Preexisting Pharmacy of ≤9,000 sq. ft.;
   3. Preexisting Social Service Facility.
4. There shall be a ½ mile distance separation requirement, however no more than one of the below described uses may be located within the same property, for Pharmacies of ≤9,000 sq. ft. from the following uses:
   1. Preexisting Pain Management Clinics;
   2. Preexisting Pharmacies.
      Pharmacies of 9,000 sq. ft. that have been in existence for 25 continuous years in the same location as of the effective date of this ordinance, which are required to relocate as a result of governmental action are not subject to the above restriction. However, such Pharmacies must relocate within eighteen (18) months from the effective date of the governmental action. Once the eighteen month period has passed, the Pharmacies shall be subject to the distance separation requirement set forth above. For purposes of this section, a medical marijuana treatment center dispensing facility shall be treated as a pharmacy.
5. There shall be a 2,500 linear foot distance separation requirement between a convenience store and another convenience store.
   All distance separations shall be measured linearly, from closest property line to closest property line, by an actual or imaginary straight line upon the ground or in the air. Any other provision of this Code to the contrary notwithstanding, there shall be no variances of the above distance requirements granted for any reason.
6. There shall be a 2,500 linear foot distance separation requirement between a massage establishment and another massage establishment. All massage establishments shall adhere to any and all state law requirements and shall abide by the following provisions:
   1. All massage establishments shall ensure that all massage therapists shall post in an easily viewable conspicuous place his or her state and local licenses.
   2. All massage establishments apply for a Certificate of Use pursuant to the City’s Code of Ordinances. The massage establishment shall post in an easily viewable conspicuous place its Certificate of Use.
      
      The following massage establishments and services are exempt from the aforementioned distance separation requirement:
      1. Massage establishments located on the premises of a 75 room or more hotel, licensed health care facility, and licensed health care clinic;
      2. Licensed massage therapists operating during a special event which has received the required approvals from the City of Hollywood;
      3. Accessory use massage establishments which meet all of the following criteria:
         1. Customarily associated with the main principal use.
         2. Utilize no more than 25% of the floor area of the principal use.
         3. Exterior signage is not permitted.
      4. Salon malls. For the purposes of this regulation, Salon Malls shall be defined as retail and personal service centers comprised of multiple suites controlled by a single landlord or business owner. Suites are individually leased and operated by independently owned professional salons or licensed professionals. Services typically include, but are not limited to, barbering, hair styling, nail care, makeup application, skin care, facials, hair removal, massage, and other cosmetic related services.
         Salon malls of a minimum of 2,500 square feet which meet all of the following criteria:
         1. All massage therapists shall have and maintain and keep active all state and local licenses. Said licenses shall be posted in an easily viewable conspicuous location. Prior to leasing suites to individual salons, landlords shall verity that the suite tenants and salon professionals have and maintain all applicable state and local licenses.
         2. The number of suites leased to licensed massage therapists shall be limited to a maximum of 25% of the overall number of suites.
         3. A maximum of two licensed massage therapists shall only be permitted per suite.
         4. Certificates of Use shall be required for landlords or business owners operating Salon Malls, and for individual salon suites and licensed professionals.
7. A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, unless the city approves the location through a formal proceeding open to the public at which the city determines that the location promotes the public health, safety, and general welfare of the community, as provided for in F.S. § 381.986.
8. The distance separation requirements for self-storage facilities shall be ¼ mile between a self-storage facility and another self-storage facility.
9. The distance separation requirements for package stores ≤ 9000 square feet shall be 2,500 linear feet between a package store ≤ 9000 square feet and another package store ≤ 9000 square feet.

10. The distance separation requirement minimums for smokes shops shall be as follows:

    1. 2,500 linear feet between smoke shops;

    2. 1, 200 linear feet from a preexisting Social Service Facility;

    3. 500 linear feet from an established place of worship or school/licensed day care center.

    4. 2,500 linear feet of an established Medical Marijuana Treatment Center Dispensing Facility.

All distance separations shall be measured linearly, from closest property line to closest property line, by an actual or imaginary straight line upon the ground or in the air. Any other provision of this Code to the contrary notwithstanding, there shall be no variances of the above distance requirements granted for any reason.

(Ord. O-2002-24, passed 7-3-02; Am. Ord. O-2010-12, passed 4-7-10; Am. Ord. O-2011-01, passed 1-5-11; Am. Ord. O-2013-05, passed 1-16- 13; Am. Ord. O-2013-15, passed 7-3-13; Am. Ord. O-2015-11, passed 6-17-15; Am. Ord. O-2018-17, passed 11-7-18; Am. Ord. O-2020-02, passed 1-15-20; Ord. O-2021-09, passed 6-2-21; Am. Ord. O-2022-16, passed 12-06-23)

1. No resubdivision of hotels or motels into multi-family dwellings shall be permitted unless the Building Official issues a new Certificate of Occupancy illustrating that the resubdivision is in compliance with all codes, including the South Florida Building Code and the Life Safety Code, as may be amended from time to time.
2. The installation of cooking facilities into a hotel will convert the prior use into a multi-family dwelling, thus requiring compliance with multi-family building, life safety, and zoning code requirements, unless the criteria for a "suite hotel" are met.
3. Prior to the issuance of a Certificate of Occupancy, upon resubdivision, the new use of the multi-family dwelling must meet all of the requirements for multi-family dwellings, including but not limited to the following:
   1. Parking: Multi-family dwellings
      1. 1.5 spaces per unit plus, in a development with more than 10 units, 1.0 additional space for every 5 units (marked guest parking).
   2. Accessory Uses: Multi-family dwellings
      1. Multi-family dwellings shall not have accessory uses that occupy more than 30% of the area devoted to the principal use.
   3. Minimum Size: Multi-family dwellings
      1. The average size of multi-family units shall be at least 750 square feet. The minimum size of any multi-family unit shall not be less than 500 square feet.

(Ord. O-95-5, passed 12-28-94)

The purpose of this section is to enhance the appearance of buildings and promote excellence in urban design in designated areas of the city.

These regulations apply to the exterior painting or repainting of all buildings, other than single family homes, duplexes, and triplexes, located in the following areas:

1. Community Redevelopment Areas
2. Local Historic Districts and Sites
3. National Register of Historic Places

Buildings which have a paint color that are not consistent with the color chart:

1. May only be repainted with a color that is consistent with the color chart. Further, such buildings are considered as legal non-conforming as to color and may retain such color until June 1, 2003 at which time the building shall be painted in a color that is consistent with color chart.
2. Which are proposed to have change in land use (Comprehensive Plan, Land Use Map) or a change in occupancy as defined by the South Florida Building Code shall be repainted in a color consistent with the color chart as set forth in the Design Guidelines Manual. An application for a Paint Permit shall be filed within 60 days of the date the land use or occupancy changed. The building shall be repainted within 30 days of the date the Paint Permit is issued.
3. Where interior and/or exterior work is planned which will exceed 25% of the assessed value in a calendar year shall be painted in a color that is consistent with the color chart.

The owner and/or occupant of any building or structure within the areas described in subdivision B above shall comply with the paint permit procedures when he/she intends on doing the following to the building and/or structure:

1. The painting of all public and private property, including but not limited to new buildings, structures, additions or alterations and the repainting of existing buildings and structures.
2. The reflectance, tinting and coloration of glass on the elevations of a building or structure.
3. The color of unpainted natural or manufactured materials applied to the exterior facade of buildings or structures.
4. The color of roof tiles or roof finishes shall be subject to these regulations.

1. The Planning and Development Board shall approve a color chart which shall be incorporated into the Design Guidelines Manual.
2. The color chart shall be available in the Department and may be modified from time to time by the Planning and Development Board. The color chart shall be considered as a component of the Design Review Guidelines Manual.
3. The color chart shall consist of the following components:
   1. Properties in Community Redevelopment Areas, Local Historic District, Local Historic Site, or National Register District. The intensities shall be as shown on the color chart.
   2. Mediterranean Revival Architecture colors. These colors are applicable only to Mediterranean Revival Architecture Buildings and Structures and are limited to natural earth tones as represented by examples on the color chart.
   3. For purposes of this subsection, Mediterranean Revival buildings shall be defined as those structures built between 1915 and 1940. This style is generally characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements.
4. Colors commonly described with terms such as neon, fluorescent, day-glo, iridescent and similar terms shall not be permitted to be applied to the exterior surface of any building or structure unless said color has been approved by the Director, Planning and Development Board or Joint Planning and Development Board/Historic Preservation Board, as applicable.
5. Colors for roof tiles and pitched roof finishes shall be limited to terra cotta, white, natural earth tones, or a color listed on the color chart unless an alternative color has been approved by the Planning and Development Board or Joint Planning and Development Board/Historic Preservation Board, as applicable.
6. The application for a Paint Permit to paint or repaint a building shall include authorization from the owner consenting to such work.

1. The approval of the color of a building surface material shall be made by the Director or designee for projects which are not required to be reviewed by the Planning and Development Board, Historic Preservation Board or the Joint Planning and Development Board/Historic Preservation Board. For construction projects which are required to be reviewed by said Boards, the application for approval shall include the color of a building surface material as part of their review. The application shall include a hard sample of the paint or surface material that will be applied to the building.
2. An applicant for a paint permit or a building permit application relating to the placement of a building surface material shall have a color of equal or lesser intensity than a color intensity from the color chart. The applicant shall provide a paint chip or dry sample sufficient to indicate that the specified paint or color of building surface material to be used. The chip or dry sample shall match a color shown on the color chart or is a color which is lighter in intensity than any other color on the color chart.
3. A building or structure shall not be painted or have applied a natural or manufactured material as an exterior facade without first receiving a paint permit from the Director who shall have the authority to issue paint permits. No building or structure shall be painted or have a material applied to the exterior facade, except in a paint color or material approved pursuant to the provisions of this section. No roof tile or roof finish shall be installed or applied on a pitched roof except in a color or finish which complies with these regulations.
4. Paint permits for repainting of existing structures or painting of new structures, or applying a natural or manufactured material to an exterior facade, shall not be issued until either the applicant:
   1. Selects a color from the color chart and submits a sample of the color for review and approval to the Director or designee by completion of a paint approval application; or
   2. A specific color(s), not represented in the Color Chart, has been approved by the Planning and Development Board or Joint Planning and Development Board/Historic Preservation Board.
      Upon approval of the color sample, the paint chip or dry sample shall be attached to the building paint or material permit and the paint or material approval application. The color sample shall be attached to the paint or material approval application and retained by the Office of Planning for future reference.
5. The color of pitched roofs shall be within the range of colors on the color chart.
6. If the building or structure to be painted or surfaced with a natural or manufactured material requires any other permits or approval in addition to a paint or material approval from a Board or the Director, the applicant may submit an application for a paint permit or Board approval simultaneously with any other permit/approval application for paint or material color approval. The fee for a paint permit shall be considered as part of the zoning plan review fee as set forth in a Resolution adopted by the City Commission.
7. The Director or his/her designee shall have the authority to approve or deny the color selection based upon the criteria as set forth in subsection G. below. The criteria listed in subsection G. may be utilized for projects being reviewed by the Planning and Development Board or Joint Planning and Development Board/Historic Preservation Board, as applicable.

1. At least 70% of the exterior of each wall of a building or structure shall be in a color of equal or less intensity than one of the colors on the approved color chart.
2. Color intensities greater than those represented on the color chart may be utilized only for purposes of emphasizing trim and accenting architectural features of a building or structure and shall not exceed 30% of each wall area.
3. Color intensities listed in a Community Redevelopment Area Plan, Neighborhood Master Plans, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, or listed in City of Hollywood Design Guidelines Manual.
4. Colors shall be appropriate to the architectural style, ornamentation, massing and scale of the structure as approved by the Director, Planning and Development Board, Historic Preservation Board or the Joint Planning and Development Board/Historic Preservation Board.
5. For purposes of color review, the percentage of a building's or structure's wall shall be exclusive of glass areas.

An applicant may appeal a decision made by the Director or his/her designee regarding the denial of a Paint Permit to the Planning and Development Board; however, appeals relating to properties located in a Local Historic District or listed as a Historic Site shall be to the Historic Preservation Board. If the building or structure is not a single family home and is located within a Local Historic District or is listed as a Historic Site, said appeal shall be to the Joint Planning and Development Board/Historic Preservation Board.

The appeal shall be filed with the Director or his/her designee within ten days of the date of the decision. The basis of the appeal is whether the Director or his/her designee acted arbitrarily or capriciously in granting or denying a Paint Permit. Appeal of a Board decision shall be made pursuant to the procedures as set forth in Article 5 of the Zoning and Land Development Regulations.

Failure to comply with these regulations shall subject the violator to the penalties set forth in § 10.3 of the Zoning and Land Development Regulations.

1. It is the intent and purpose of this subsection to further the commitment of the city to the aesthetic enrichment of the community through the creation of Artwork so that citizens of and visitors to the city are afforded an opportunity to enjoy and appreciate Artwork. The requirements of this subsection shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of Artwork. The public art requirements found in this subsection are development standards based upon the aesthetic desires of the community.
2. It is the intent and purpose of this subsection to promote the general welfare by encouraging pride in the community; revitalizing the community; enhancing the quality of life of residents and visitors through access to artistic spaces; uniting the community through shared cultural experiences; creating a cultural legacy for future generations through the exhibition of high-quality art that reflects diverse styles; chronicling history through the collection of artifacts, documents and memorabilia that will acknowledge the past, and creating programs and activities that will further these goals.
3. This section governs placement of Artwork in public places and areas which are visible from a Public Place. Public art in the city's Community Redevelopment Districts is addressed elsewhere in the Code, and the Community Redevelopment Agency (CRA) program provides an additional means for eligible property owners to display and promote public art -- until such time as the CRA is dissolved. When the CRA is dissolved, this section shall govern art installations city-wide.

(Am. Ord. O-2025-16, passed 10-22-25)

For purposes of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• ARTWORK. Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. The medium can include but is not limited to materials such as paint, glass, steel, bronze, wood, stone and concrete. ARTWORK shall not be construed as a sign.
  The following shall not be considered ARTWORK for purposes of this subsection:
  1. Reproductions or unlimited copies of original art.
  2. Art objects that are mass produced.
  3. Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist, landscape architect, or architect as an integral aspect of a structure or site.
  4. Political and religious messaging, campaigns, ideologies, or propaganda.
• BUILDING. Any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property.
• COMMERCIAL MESSAGE. Any message or symbol with the intent of advertising a business, service, or goods produced or sold either on-premises or off-premises, and includes messages advertising alcohol, tobacco, or adult entertainment.
• DEVELOPER. The property owner, including its successor and assigns, of a development project that is subject to the public art requirement.
• DEVELOPMENT PROJECT. Any development, including remodeling, new construction, tenant improvements, or redevelopment, as described on the plan submitted for approval to the city, which requires a building permit. For purposes of this subsection, DEVELOPMENT PROJECTS shall be located in non-residential development zoning districts.
• ESCROW FUNDS. Funds paid by the developer, in an amount equivalent to the value of the art fee, into an escrow account for the purpose of obtaining a building permit in accordance with this subsection.
• MURAL. An original, one-of-a-kind unique pictorial representation constituting public art that may include mosaic, painting, or graphic art or combination thereof (including collage effects) that is professionally applied to aesthetically enhance the exterior of a building or accessory structure such as a dumpster enclosure, fence, or site wall. No more than 5% of the square footage of the mural may be comprised of text, words or lettering, and the mural must not contain a commercial message.
• NON-RESIDENTIAL ZONING DISTRICTS. Those zoning districts listed in Article 4 of the city's Zoning and Land Development Regulations, excepting Single-Family Districts, and Industrial and Manufacturing Districts.
• PROJECT COST. The total cost of the improvements, excluding land costs.
• PUBLIC ART FUND ("FUND"). A separate, interest-bearing set of accounts set up by the city to receive monies for the public art program.
• PUBLIC PLACE. Any city property, public right-of-way and/or any city easement on an exterior area of private property in a non-residential zoning district within the city that is easily accessible or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk, for a period of ten hours per day, seven days per week, with the property owner's option of excluding access or visibility on national holidays.

(Am. Ord. O-2025-16, passed 10-22-25)

The city shall establish a Public Art Fund. This fund shall be maintained by the city and shall be used solely for the acquisition, installation, improvement, maintenance and insurance of Artwork as follows:

1. All money received by the city pursuant to the public art program, or from endowments or gifts to the city designated for the arts, shall be placed in the fund. All money shall be deposited, invested, and accounted for.
2. All money received shall be deposited in the fund in a manner to avoid any commingling with other revenues of the city, and all money in the fund shall be expended solely for the purposes of implementing public art and administration of the program. Any interest income earned by the money in the fund shall be expended only for the purpose for which the money was originally collected.
3. The fund shall be used solely for expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public appraisal, education, promotion, administration, removal and insurance of the Artwork.

(Ord. O-98-15, passed 5-20-98; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2023-17, passed 12-6-23; O-98-15 renumbered from 3.24, 5-20-98; Am. Ord. O-2025-16, passed 10-22-25)

1. Project size. This subsection shall apply to all development projects, as defined in J.2. of this subsection, that are 20,000 gross square feet or more.
2. Exemption. Notwithstanding the foregoing, the City Commission may grant a full or partial exemption from the public art program for projects involving the reconstruction or replacement of buildings or structures that have been damaged by fire, flood, wind, or other natural disaster - unless the development previously included a required piece of Public Art. In such cases, a new piece of Public Art shall be instaleed based on the appraised value of the original Artwork prior to the damage or destruction, or a payment-in-lieu shall be provided in the amount of the appraised value. Projects involving improvements required to address sea-level rise, and (iii) projects on public property, may be granted an exemption of these requirements, by City Commission, provided a minimum payment of $5,000 is made. Affordable housing developments may be granted a waiver from the public art requirements by the City Commission, pursuant to the recommendation of the Community Development Division Manager, provided that a minimum payment of $5,000 is submitted.
3. Method of compliance. A developer may propose to install Artwork in a public place on the site of its development project pursuant to all applicable regulations of this subsection. Alternatively, an in-lieu art fee may be paid into the City's Public Art Fund, or a developer may comply with a combination of provision of Artwork and payment of an in-lieu art fee.
4. Voluntary Art Permit. A proponent not otherwise subject to this subsection may propose to install Artwork visible from a public place on the site subject property with the exception of single-family homes. A Voluntary Art Permit shall be required to create, install, modify, or remove Artwork on the exterior facade or on the site of private property that is visible from a Public Place. The Voluntary Art Permit shall be subject to:
   1. All Public Art Permit Application Requirements of this section except the requirements of an appraisal and an easement agreement, at the discretion of the Director of Development Services;
   2. All Review Guidelines of this section shall apply, except e. (1) Content. The following content provisions shall apply to voluntary art permit reviews:
      1. The Artwork shall not be deemed a sign, nor shall such Artwork identify a specific business or establishment or contain a commercial message;
      2. The Artwork shall not intend to incite violence or include sexually explicit material that violates fundamental notions of decency.; and
   3. l Maintenance requirements of this section.

1. Building permits. Prior to issuance of a final building permit, the developer shall be required to comply with one of the following:
   1. In-lieu public art fee shall be established pursuant to the city's Comprehensive Schedule of Fees; or
   2. Placement of Artwork on site. Placement of Artwork on the site of the development project with a minimum value in accordance with the city's Comprehensive Schedule of Fees; or
   3. Combination of in-lieu public art fee and placement of Artwork on site. Placement of Artwork in a city easement on the development project, when combined with payment of the in-lieu public art fee, must have a minimum value that complies with the city's Comprehensive Schedule of Fees.
   4. Where placement of Artwork is proposed, the owner shall provide documentation that the escrow funds have been paid into an escrow account.
2. Certificates of occupancy. No final approval, such as a final inspection or a certificate of occupancy for any development project shall be issued unless one or more of the following has been achieved in compliance with the Public Art Permit:
   1. The approved Artwork has been installed in a manner satisfactory to the City Manager or designee in compliance with this subsection.
   2. In-lieu art fees have been paid in compliance with this subsection.
   3. Financial security, in an amount equal to the acquisition and installation costs of an Artwork approved in accordance with this subsection, has been provided to the city in a form approved by the City Attorney.
3. Timeframe for placement of Artwork on site. If Artwork is to be placed on the development project site, the Public Art Permit for the Artwork shall first be approved by the Public Art Review Committee, and the Artwork shall be provided within the following timeframes and otherwise comply with this subsection.
   1. The developer shall be given up to nine months after issuance of the building permit to obtain approval of the proposed Public Art Permit, unless the City Manager or designee grants an extension for good cause as determined in their sole discretion. If approval is obtained within the time period, then the escrow funds will be transferred back to the developer. If no such approval is obtained within the time period, the city shall transfer the escrow funds to the fund, and they shall be used in accordance with the regulations established for the fund.
4. Public Art Permit. A public Art Permit shall be required for the creation, installation, modification, or removal of Artwork in a public place. As determined by the Building Official, the installation of Artwork may require a building permit to be obtained after the public art permit and prior to installation.
5. Public Art Permit application requirements. Prior to the issuance of any Public Art Permit, the developer or an agent with the consent of the developer shall apply, in the form provided by the city, to the Planning and Urban Design Division, together with the following:
   1. A narrative of sufficient descriptive clarity to indicate the nature and meaning of the proposed Artwork;
   2. Drawings, photographs, and specifications as are necessary to demonstrate that the Artwork complies with the requirements of this section. Such drawings (surveys, site plans, elevations, sketches, and other illustrations) shall be to scale and fully dimensioned; illustrate property lines, rights-of-way, internal streets, sidewalks, overhead utility lines (if Artwork is three dimensional), and parking areas immediately surrounding the intended location of the Artwork. Drawings shall also indicate the setting and location, design, media and materials, methods of construction, and methods of application, securing, or fastening of the Artwork.
   3. A detailed description and evidence demonstrating that the proposed Artwork is weatherproof and will withstand environmental conditions in the location where it is to be installed. This should include information on the materials, construction methods, and any additional protective measures that will be taken to ensure the Artwork's durability and resistance to weather-related damage.
   4. Schedule of completion outlining the schedule of work that includes the proposed date of completion.
   5. If the Artwork is proposed to be placed on a new or existing city easement on private property, then a proposed Artwork easement shall be submitted in the form provided by the City Attorney's Office.
   6. If the Artwork is a mural, the amount and type of building signs that could have been placed on the façade devoted to the mural may be transferred to use on other façades or on a freestanding sign for the building. The applicant shall separately submit the requisite applications for and obtain approval for any proposed relocation of sign area pursuant to the Sign Code.
   7. An appraisal or other evidence of the value of the proposed Artwork, including acquisition and installation costs. Alternatively, to establish the value of Artwork submitted to comply with the program's requirements, the city may contract with an independent art appraiser to provide a written appraisal of the art. Such appraisal shall be funded by the developer as part of the overall art contribution.
   8. A narrative statement demonstrating that the Artwork will be displayed in a public place.
   9. A statement indicating the property owner's willingness to maintain compliance with this subsection.

1. Membership. A Public Art Review Committee shall be established that consists of representatives from the following administrative departments/divisions of the city: City Manager's Office or the Department of Development Services; Planning and Urban Design Division; Building Division; Communications; Marketing and Economic Development; Design and Construction Management; the Department of Parks, Recreation and Cultural Arts; Engineering, Transportation and Mobility Division (as applicable), a representative of the Hollywood Art and Culture Center, and an appointed public representative of the city's Art Selection Committee. The Committee will be chaired by the Planning and Urban Design Division.
   
   A member of the public or a local civic organization from the neighborhood where the Artwork is proposed shall serve as a non-voting member of the Public Art Review Committee. However, such member shall not be counted for the purposes of achieving quorum.
2. Authority. The Public Art Review Committee shall have the authority to review all Public Art and Voluntary Art Permit applications.
3. Meetings. The Public Art Review Committee shall meet, as necessary, to review and approve, approve with conditions, or deny Public Art and Voluntary Permit Application based upon the application, the city staff report evaluating the application, and information received at the Committee meeting. Applications shall be considered at the first Committee meeting that is more than 30 days following staff's determination that the application is complete. The Committee's decision shall be based upon the review guidelines set forth in subsection J.3.e. below.
4. Quorum. The virtual or in-person attendance of at least four (4) voting members of the Public Art Review Committee shall constitute a quorum.

1. Approval. Upon approval of a Public Art Permit or Voluntary Art Permit application, the applicant will receive written notification of such approval along with information regarding whether the Chief Building Official or designee has determined a building permit for the Artwork is also necessary.
2. Denial. In the event that a Public Art P or Voluntary Art Permit Application is denied, the applicant shall receive written notification of such denial and the reasons for such denial based upon the review guidelines set forth in subsection J.3.e. below.
3. Appeal. An applicant may appeal a decision made by the Public Art Review Committee regarding a denial of a Public Art Permit or Voluntary Art Permit to the Planning and Development Board; however, appeals relating to properties located in a Local Historic District or listed as a Historic Site shall be to the Historic Preservation Board.
   The appeal shall be filed with the Director or his/her designee within ten days of the date of the decision. The basis of the appeal is whether the Public Art Review Committee acted arbitrarily or capriciously in granting or denying a Public Art Permit or Voluntary Art Permit. Appeal of a Committee decision shall be made pursuant to the procedures as set forth in Article 5 of the Zoning and Land Development Regulations.

The Public Art Review Committee shall review all applications based upon the following:

1. Content.
   1. The Artwork shall not be deemed a sign, nor shall such Artwork identify a specific business or establishment or contain a commercial message;
   2. The Artwork shall not contain a religious or political message. This guideline shall be applied regardless of the viewpoint expressed; and
   3. The Artwork shall not include any alcohol, tobacco, adult entertainment, or obscene or offensive materials.
2. Context.
   1. The design, location, scale, and content of the Artwork shall be contextual and complement the design and architecture of the building or site;
   2. The Artwork should enhance and contribute to the character of the area;
   3. The Artwork shall be in compliance with all life safety requirements and with the vision clearance requirements of § 4.23.B.7.c. of this Code;
   4. The Artwork shall not cover windows. doors, or otherwise mask architectural details in a manner that detracts from the architecture of the building; and
   5. If the Artwork is placed on a façade, the façade must be visible to the public from a safe place and must have enough suitable blank wall space in good repair. The Public Art Committee shall consider whether it blocks access or required parking, and whether the façade is lit.
3. Design.
   1. The quality of the Artwork, media, materials, and methods of installation used shall be of high quality and durable. Painted Artwork shall include an ultraviolet fade-resistant clear coat; and
   2. The permanence of the Artwork, considering environmental conditions of the site and maintenance requirements.

All Artwork shall be completed and installed in accordance with the schedule of completion as approved through the Public Art Permit. The Public Art Review Committee may approve extensions after showing just cause, if the applicant has exhausted all other extensions available under this subsection.

1. Ownership.
   1. Ownership of Artwork acquired on behalf of the city for public property pursuant to the requirements of this subsection shall be vested in the city, which shall retain title to all Artwork. Such Artwork shall be donated to the city, and title shall be transferred pursuant to a standard city public art contract reviewed and approved as to form by the City Attorney.
   2. Ownership of all Artwork incorporated into development projects shall be vested in the property owner who shall retain title to the Artwork. Property owners retaining title to the Artwork shall provide proof of insurance in the amount of the appraised value of the Artwork.
   3. As a condition of approval of the Public Art Permit, the developer shall record a covenant running with the land in a form approved by the City Attorney, requiring maintenance and insurance of the Artwork and preventing its removal from the property, or if the Artwork is to be removed, a contribution to the fund in an amount equal to the amount of the in-lieu public art fee that would have initially been required based on the project cost shall be made.

1. Obligation. For Artwork incorporated into development projects, the obligation for maintenance to preserve the Artwork in good condition shall remain with the property owner and the owner's successors and assigns. The city shall ensure the maintenance of Artwork on public property.
2. Standards. All Artwork shall be maintained to ensure its appearance and shall not show evidence of deterioration, weathering, discoloration, rust, or other conditions reflective of deterioration or inadequate maintenance. Maintenance shall not result in changes or alterations to the approved Artwork.
3. The Artwork shall not be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art Review Committee.
4. Enforcement. Failure of any persons or entities to comply with the regulations pertaining to the Artwork as set forth in this subsection shall be subject to enforcement procedures set forth in Chapter 36 of the Code of Ordinances, Section 10.3 of the Zoning and Land Development Regulations, and the removal requirements set forth in subsection J.3.h. below.

1. After Artwork has been approved by the Public Art Review Committee in accordance with these regulations, such Artwork shall be retained and maintained on site in its approved location and shall not be removed or relocated without prior approval of the Public Art Review Committee. Removal of Artwork required pursuant to building permit issuance shall require the substitution of a reasonably equivalent replacement Artwork, unless subsection h(4) has been complied with. Removal of installations approved through a Voluntary Art Permit shall only require approval of the Public Art Review Committee.
2. Responsibility. The property owner shall be responsible for removal of the Artwork that is not maintained in good condition and appearance, showing evidence of deterioration, weathering, discoloration, rust, or other conditions reflective of deterioration or inadequate maintenance.
3. Enforcement and penalties. Failure to remove the Artwork upon notification by the city shall subject the property owner to all enforcement procedures.
4. Payment of in lieu fee. If Artwork is removed, the property owner shall make a contribution to the fund in an amount equal to the amount of the in lieu public art fee that would have initially been required based on the project cost. Such fee shall be paid within 30 days of notification from the city that the Artwork was removed.

(Am. Ord. O-2025-16, passed 10-22-25)