(a)

The incorporated areas of the Town of Lauderdale-By-The-Sea, Florida are hereby divided into zoning districts of number and character as necessary to achieve compatibility of uses within each district; to implement the adopted Town of Lauderdale-By-The-Sea Comprehensive Plan; and, to achieve the stated purpose and intent of this chapter.

(b)

Zoning district designations. The land and water areas of the Town of Lauderdale-By-The-Sea are zoned in accord with zoning districts. These zoning districts are designated as follows, subject to the provisions of article VII, planning and zoning, as set forth in the Town Charter, Part I, of the Town Code of Ordinances:

(Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2012-01, § 3, 3-27-2012; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

The following section defines the purpose and intent of the Town zoning districts established by this chapter:

(a)

Low density dwelling (RS-4 and RS-5) districts. These districts are intended to provide areas within the Town for single-family detached dwellings, consistent with the low single-family residential classifications of the Town of Lauderdale-By-The-Sea Future Land Use Plan, at a maximum density as follows:

(1)

RS-4: four dwelling units per acre.

(2)

RS-5: five dwelling units per acre.

(b)

Low medium density dwelling (RD-10) district. The RD-10 district is intended to provide areas within the Town for low medium density single-family detached residences or two-family (duplex) units at a maximum density of ten dwelling units per acre, consistent with the low medium multi-family residential classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan.

(c)

Medium-high density dwelling (RM-15, RM-16, RM-25, and R-5) districts. These RM districts are intended to implement the medium-high multi-family residential classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan with maximum densities as follows:

(1)

RM-15: 15 dwelling units per acre.

(2)

RM-16: 16 dwelling units per acre.

(3)

RM-25: 25 dwelling units per acre for residential uses, and 50 units per acre for hotel and motel uses.

(4)

R-5: 20 dwelling units per acre.

(d)

High density dwelling (RM-50) district. The RM-50 district is intended to implement the high multi-family residential classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan, with a maximum density of 50 dwelling units per acre for residential uses and 100 units per acre for hotel and motel uses.

(e)

Planned unit development (PUD) district. The PUD district implements the Cabana Bay Village development order issued by Broward County prior to annexation of the development into the Town.

(f)

Commercial (B-1 and B-1-A) districts. The B-1 and B-1-A districts are intended to implement the commercial classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan by providing for a business area to service shopping and personal service needs, as further described below:

(1)

The B-1-A district is intended to meet the shopping and service needs of the Town residents and visitors. The B-1-A district limits certain uses which could have a detrimental effect on the local community if these uses were permitted to exist without certain standards being met. The B-1-A district is located primarily in the center of the Town's business district.

(2)

The B-1 district is intended to provide for the location of commercial business establishments dependent upon high visibility. The B-1 district limits certain uses which could have a detrimental effect on abutting residential neighborhoods if these uses were permitted to exist without certain standards being met. The B-1 district is located primarily on Commercial Boulevard.

(g)

Community facilities (CF) district. The CF district is intended to implement the community facility classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan and to provide for suitable locations for development serving public needs, including government, religious facilities, educational facilities and other public purpose facilities which generally benefit the community.

(h)

Recreation and open space (P) district. The P district is intended to implement the recreation and open space classification of the Town of Lauderdale-By-The-Sea Future Land Use Plan by providing for areas for the development of nonprofit active or passive recreational facilities and the preservation of open space.

(Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, repealed § 30-183, which pertained to Town zoned RM-25 district; exceptions, and derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, repealed § 30-184, which pertained to Lauderdale Surf and Yacht Estates, and derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, repealed § 30-201, which pertained to R-5 district—Motel zoning district, and derived from Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

(a)

Use.

(1)

Permitted uses.^[7]

No building or premises shall be used, and no building with its usual accessories shall be erected or altered other than a building or premises used exclusively for a single-family dwelling.

(2)

Vacation rental is a permitted accessory use if a vacation rental certificate is first obtained pursuant to section 30-327.

(b)

Height. No building or structure, or part thereof, shall be erected or altered to exceed two stories which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(c)

Residential setbacks.

(1)

Front setback. No residence shall have a front setback of less than 25 feet from the front lot line.

(2)

Side setback. No building or any part thereof shall be erected on any lot closer than seven and one-half feet to either side lot line.

(3)

Corner lot side setbacks. No residence shall have a corner lot side setback abutting a street of less than 15 feet from the property line.

(4)

Rear setback. No residence or any part thereof shall have a rear setback of less than 15 feet.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, eaves, sills, columns, ornamental features, chimneys, and awnings may project 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(d)

Non-residential setbacks.

(1)

Front setback. No non-residential use shall have a front setback of less than 30 feet from the front lot line.

(2)

Side setback. No non-residential building or any part thereof shall be erected on any lot closer than 15 feet to either side lot line.

(3)

Corner lot side setback. No non-residential use shall have a corner lot side setback abutting a street of less than 15 feet to the property line.

(4)

Rear setback. No non-residential building or any part thereof shall have a rear setback of less than 15 feet.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, or eaves for non-residential buildings may project or extend no more than 36 inches into a required setback except side roof overhangs may only extend within 12.5 feet from the property line.

(e)

Minimum lot size. Each lot shall be at least 7,500 square feet in area.

(f)

Maximum lot coverage. The combined area occupied by all buildings and roofed structures shall not exceed 40 percent of any individual lot area.

(Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018)

(a)

Permitted uses. No building or premises shall be used, and no building with its usual accessories shall be erected or altered other than a building or premises used exclusively for a single-family dwelling.

(1)

Construction on lots of 80 feet or less in width shall be limited to one building to a lot.

(2)

Vacation rental is a permitted accessory use if a vacation rental certificate is first obtained pursuant to section 30-327.

(b)

Height. No building shall be erected or altered exceeding two stories, which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(c)

Residence setbacks.

(1)

Front setback. No residence shall have a front setback of less than 25 feet or more than 35 feet from the front lot line.

(2)

Side setback. Except as provided in subsection (c)(4) below, no residence or any part thereof shall be erected on any lot closer than seven and one-half feet to either side lot line.

(3)

Rear setback. Except as provided in subsection (c)(4) below, no residence or any part thereof shall have a rear setback of less than ten feet for a single story and less than 12 feet for two stories.

(4)

Waterfront setback.

a.

No residence or any part thereof shall have a rear or side setback, abutting the Intracoastal or an inland waterway, of less than 25 feet from the lot line.

b.

Any structure legally constructed between September 26, 2007, and October 13, 2015, shall be allowed to continue as a legal nonconformity subject to the nonconforming provisions of this Code.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, or eaves, may project or extend no more than 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(6)

Corner lot side setbacks. Corner lot side setbacks abutting a street shall be 15 feet excepting all that area on the east side of West Tradewinds Avenue between South Tradewinds and North Tradewinds where the west exposure setback shall be 20 feet.

(7)

Roof construction. Gravel roof construction shall be prohibited.

(d)

Density. Dwelling units constructed shall not exceed a net density of five dwelling units per acre.

(e)

Minimum building size. No building shall be erected on any lot, not a waterfront lot, which does not comprise at least 1,200 ground floor square feet of floor space, exclusive of utility rooms, porches, garages and/or carports; and no building shall be erected on any waterfront lot, the main structure of which does not comprise at least 1,300 ground floor square feet of floor space, exclusive of utility rooms, porches, garages, and/or carports.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 357, § 1, 11-8-94; Ord. No. 2004-05, § 2, 5-11-04; Ord. No. 2005-16, § 2, 1-10-06; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-10, § 4, 7-28-09; Ord. No. 2009-19, § 5, 5-26-09; Ord. No. 2009-30, § 4, 12-1-09; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2015-12, § 2, 10-13-2015; Ord. No. 2017-05, § 3, 4-25-2017; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018)

(a)

Use.

(1)

No building or premises shall be used, and no building with its usual accessories shall be erected or altered other than a building or premises used exclusively for a single-family dwelling or two-family dwelling (duplex).

(2)

Construction limited to one building only on lots of 80 feet or less in width.

(3)

Vacation rental is a permitted accessory use if a rental certificate is first obtained pursuant to section 30-327.

(4)

Short term rental is a permitted accessory use if a rental certificate is first obtained pursuant to section 30-327.

(b)

Height. No building shall be erected or altered exceeding two stories, which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(c)

Setbacks. All setbacks shall conform to the following:

(1)

Front setback. No residence shall have a front setback of less than 25 feet.

(2)

Side setback. No building or any part thereof shall be erected on any lot closer than 7.5 feet to either side lot line.

(3)

Rear setback. No residence or accessory building thereof shall have a rear setback of less than ten feet for a single story and less than 12 feet for two stories; except that where the rear lot abuts the Intracoastal or inland waterways, a minimum 15-foot rear setback from the seawall shall be required.

(4)

Roof overhangs. Front and rear roof overhangs, cornices, or eaves, may project or extend no more than 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(d)

Density. Dwelling units shall not exceed a net density of ten dwelling units per acre.

(e)

Minimum building size. No building shall be erected on any lot, not a waterfront lot, which does not comprise at least 1,200 ground floor square feet of floor space, exclusive of utility rooms, porches, garages and/or carports; and no building shall be erected on any waterfront lot, the main structure of which does not comprise at least 1,300 ground floor square feet of floor space, exclusive of utility rooms, porches, garages, and/or carports.

(f)

Notice requirement. Any property owner applying for construction of a two-family/duplex dwelling must provide public notice that the lot upon which the duplex is constructed may not be subdivided or split. Notice pursuant to this subsection shall be in the form provided by the Town as approved by the Town Attorney and shall be recorded in the public records of Broward County prior to issuance of any building permit for the two-family/duplex dwelling.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 03-511, § 2, 4-8-03; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-19, § 6, 5-26-09; Ord. No. 2009-30, § 5, 12-1-09; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2016-01, § 4, 2-9-2016; Ord. No. 2017-05, § 3, 4-25-2017; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

(a)

Use.^[8]

(1)

Permitted uses. No building or premises shall be used, and no building with its usual accessories shall be erected or altered other than a building or premises used exclusively for a multiple-family dwelling (three or more units).

(2)

Conditional uses.

a.

Townhouse.

b.

Temporary sales office.

(b)

Height. No building shall be erected or altered exceeding three stories, which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(c)

Residential setbacks.

(1)

Front setback. No residence shall have a front setback of less than 25 feet from the front lot line.

(2)

Side setback. No building or any part thereof shall be erected on any lot closer than 20 feet to either side lot line.

(3)

Rear setback. No building or part thereof shall have a rear setback of less than five feet.

(4)

Roof overhangs. Front and rear roof overhangs, cornices, eaves, sills, columns, ornamental features, chimneys, and awnings may project 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(5)

Corner lot side setbacks. Corner lot side setbacks abutting a street shall be 25 feet from the property line.

(d)

Non-residential setbacks.

(1)

Front setback. No non-residential use shall have a front setback of less than 30 feet from the front lot line.

(2)

Side setback. No non-residential building or any part thereof shall be erected on any lot closer than 15 feet to either side lot line.

(3)

Corner lot side setback. No non-residential use shall have a corner lot side setback abutting a street of less than 15 feet to the property line.

(4)

Rear setback. No non-residential building or any part thereof shall have a rear setback of less than 15 feet.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, or eaves for non-residential buildings may project or extend no more than 36 inches into a required setback except side roof overhangs may only extend within 12.5 feet from the property line.

(e)

Minimum lot size, maximum density and minimum lot dimensions.

(1)

A minimum lot area of 2,904 square feet is required for each dwelling unit, not to exceed a density of 15 dwelling units per net acre.

(2)

Every individual lot shall have at least one side that has a minimum dimension of 60 feet. The lot line that provides access to the lot must have a minimum dimension of 19 feet.

(f)

Maximum lot coverage. The combined area occupied by all buildings and roofed structures shall not exceed 40 percent of any individual lot.

(Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018)

(a)

Use.^[9]

(1)

Permitted uses. No building or premises shall be used, and no building with its usual accessories shall be erected or altered other than a building or premises used for one or more of the following uses:

a.

Multiple-family dwelling.

b.

Places of worship.

(2)

Conditional uses. The following uses may be permitted, subject to the requirements for conditional use review as set forth in section 30-126 of the Town Code:

a.

Single-family dwelling.

b.

Two-family dwelling.

c.

Townhouse.

d.

Nonprofit neighborhood social and recreational facility.

e.

Family day care home.

f.

Child care facility.

g.

Temporary sales office.

(b)

Height. No building shall be erected or altered exceeding three stories which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(c)

Residential setbacks.

(1)

Front setback.

a.

No non-residential building shall have a front setback of less than 30 feet from the front lot line.

b.

No residence shall have a front setback of less than 25 feet from the front lot line.

(2)

Side setback.

a.

Townhouses are not required to provide side yards on any common party wall plot line.

b.

No building or any part thereof shall be erected on any lot closer than 20 feet to either side lot line.

(3)

Rear setback. No building or any part thereof shall have a rear setback of less than five feet.

(4)

Roof overhangs. Front and rear roof overhangs, cornices, eaves, sills, columns, ornamental features, chimneys, and awnings may project 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(5)

Corner lot side setbacks. Corner lot side setbacks abutting a street shall be 25 feet from the property line.

(d)

Non-residential setbacks.

(1)

Front setback. No non-residential use shall have a front setback of less than 30 feet from the front lot line.

(2)

Side setback. No non-residential building or any part thereof shall be erected on any lot closer than 15 feet to either side lot line.

(3)

Corner lot side setback. No non-residential use shall have a corner lot side setback abutting a street of less than 15 feet to the property line.

(4)

Rear setback. No non-residential building or any part thereof shall have a rear setback of less than 15 feet.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, or eaves for non-residential buildings may project or extend no more than 36 inches into a required setback except side roof overhangs may only extend within 12.5 feet from the property line.

(e)

Minimum lot size, maximum density and minimum lot dimensions.

(1)

A minimum lot area of 2,722 square feet is required for each dwelling unit, not to exceed a density of 16 dwelling units per net acre.

(2)

Maximum density for category 3 community residential facilities shall be calculated as two bedrooms equals one dwelling unit.

(3)

Every individual lot shall have at least one side that has a minimum dimension of 60 feet. The lot line that provides access to the lot must be a minimum of 19 feet.

(4)

The minimum lot size for all permitted non-residential uses shall be one net acre, with a minimum street frontage of 150 feet, except that existing non-residential buildings on lots which are less than one net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion.

(f)

Maximum lot coverage. The combined area occupied by all buildings and roofed structures shall not exceed 65 percent of any individual lot for single-family dwellings and 40 percent for all other uses.

(Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018)

(a)

Use.^[10]

(1)

Permitted use. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than multi-family dwelling.

(2)

Conditional uses. The following uses may be permitted, subject to the requirements for conditional use review as set forth in section 30-126 of the Town Code:

a.

Single-family dwelling.

b.

Two-family dwelling.

c.

Hotel, motel.

d.

Place of worship.

(3)

Special accessory uses.

a.

Hotel, apartment hotel and motels having 50 or more units may have restaurants and gift shops which are located in the main building and which are of such design and size as to cater primarily to the guests of the main use, subject to the provisions of all Town regulations.

b.

Hotels, apartment hotels, multiple dwellings and motels having 100 or more guest rooms may have retail stores, personal service shops, offices and similar uses for the convenience of their guests.

(b)

Reserved.

(c)

Height. No building shall be erected or altered exceeding three stories, which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(d)

Setbacks.

(1)

Front setback. No building shall have a front setback of less than 25 feet from the front lot line.

(2)

Side setbacks. No building or any part thereof shall be erected on any lot closer than ten feet to either side lot line.

(3)

Rear setback. Except as provided in subsection (d)(4) below, no building or any part thereof shall have a rear setback of less than 15 feet.

(4)

Waterfront rear setback. No building or any part thereof shall have a rear setback abutting a waterway of less than 25 feet.

(5)

Roof overhangs. Front and rear roof overhangs, cornices, eaves, sills, columns, ornamental features, chimneys, and awnings may project 36 inches into a required setback except side roof overhangs may only extend within five feet from the property line.

(6)

Corner lot side setbacks. No building shall have a corner lot side setback abutting a street of less than 15 feet.

(e)

Minimum lot size, maximum density and minimum lot dimensions.

(1)

Minimum lot width at the building line shall not be less than 60 feet.

(2)

Minimum lot area shall be not less than 6,000 square feet.

(3)

Residential density shall not exceed 20 dwelling units per net acre.

(f)

Lot coverage. The combined area occupied by all main and accessory buildings and structures shall not exceed 40 percent of the area of the plot for two-story buildings or 50 percent for one-story buildings.

(Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018)

(a)

Use.^[11]

No building or premises shall be used and no building with the usual accessories shall be erected or altered other than a building or premises arranged, intended or designed for any one or more of the following uses:

(1)

Permitted uses south of Pine Avenue.

a.

Apartment house; and

b.

Hotel.

(2)

Permitted uses north of Pine Avenue.^[12]

a.

Multiple-family dwelling.

b.

Hotel, motel or timeshare apartment.

c.

Townhouse.

(3)

Prohibited uses for properties adjacent to El Mar Drive.

a.

Single-family residence.

b.

Duplex.

c.

Church or parish building.

(4)

Conditional uses south of Pine Avenue. The following uses may be permitted, subject to the requirements for conditional use review as set forth in section 30-126 of this Code:

a.

Single-family residence;

b.

Duplex, subject to the notice requirement of subsection 30-221(f) (the reconstruction of a split lot duplex property is subject to section 30-137, nonconforming uses);

c.

Group or foster homes (as defined in the Town's land use plan as special residential facilities category 1 and 2);

d.

Church or parish building.

(5)

Conditional uses north of Pine Avenue. The following uses may be permitted, subject to the requirements for conditional use review as set forth in section 30-126 of this Code:

a.

Adult day care.

b.

Nursing home.

(6)

Temporary uses. A temporary real estate sales office may be permitted on a site under the following conditions:

a.

The parcel has an active Town Commission approved site plan or building permit;

b.

There are adequate parking spaces for the sales use based upon the office parking requirements established in section 30-318 of this Code;

c.

The office does not exceed 1,000 square feet;

d.

The office is approved by the Town Commission in conjunction with the Commission's approval of the site plan, or by other separate consideration;

e.

The office shall not be allowed to remain in use for more than six months from the effective date of the temporary office approval or, if applicable, the related temporary office building permit, whichever is later, unless time extensions are granted by the Town Commission.

(7)

Special accessory uses.

a.

Hotels, motels and apartment hotels located south of Pine Avenue, with a minimum of 100 dwelling units or more may provide restaurants and gift shops when the uses are an ancillary use to the primary hotels or residential use, subject to the following:

1.

The maximum size of floor area of said uses, either individually or in total, shall not exceed 4,000 square feet or five percent of the total building floor area.

b.

Hotels and motels located north of Pine Avenue may have the following accessory uses:

1.

Hotels and motels having 50 or more units may have restaurants and gift shops. Such uses shall be located within the principal building(s) although outside seating may be provided in conjunction with a restaurant.

2.

Hotels, motels and community residential facilities having 100 or more units may provide retail stores, personal service shops and convention facilities for guests or residents. Such uses shall be located within the principal building(s) and shall only be accessed through the main lobby of the facility.

3.

The aggregate gross floor area of all permitted accessory uses shall not exceed 30 percent of the gross floor area of the principal building(s) on the lot.

c.

Parking shall be permitted as an accessory use.

d.

Bicycle parking when accessory to a hotel or apartment hotel use, shall be permitted in lieu of providing required off-street parking, as specified in section 30-318, minimum parking requirements, (i) hotels, motels, and apartment hotels.

e.

Vacation rental is a permitted accessory use if a vacation rental certificate is first obtained pursuant to section 30-327.

(b)

Site plans to be approved.

(1)

Any development in the RM-25 district shall be permitted only upon review and approval of plans for such development by the procedures provided in article IV of this chapter.

(2)

In reviewing development plans, the Planning and Zoning Board and Town Commission shall consider the effect of the proposed development on existing and future buildings in the vicinity and may impose conditions and restrictions upon the construction, location and operation of any development, including but not limited to lighting, building, setbacks, off-street parking and loading, vehicular accessway and landscaping, as may be deemed necessary to promote the general objective of this subdivision and to minimize any injury to the value of the property in the neighborhood.

(3)

All buildings or structures shall be of C.B.S. or reinforced concrete construction and shall be designed with every practical consideration for appearance, safety, fire protection, health, light and air.

(c)

Height. No building shall be erected or altered exceeding three stories which shall not be higher than 33 feet above normal grade level. As provided in section 7.1(1) of the Charter, in accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height. All other roof structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.

(d)

Reserved.

(e)

Reserved.

(f)

Size of buildings. Minimum ground floor area, 1,200 square feet on inland lots, 1,300 square feet on waterfront lots.

(g)

Buildings facing two streets. Any building extending from street to street shall have two building fronts, and observe applicable setbacks on both streets with the exception of Block 30 between Datura Avenue and Hibiscus Avenue where the setback on Bougainvilla Drive shall be a minimum of 20 feet.

(h)

Setbacks.

(1)

Front setbacks south of Pine Avenue.

a.

Except as provided in this subsection, no building shall be set closer than 25 feet to the street line upon which the front of said building shall face, provided that each building shall be considered as having one front, and provided that in no event shall the setback from the front line be greater than 35 feet.

b.

In the case of a building being erected on a lot where there is a building on each of the adjacent lots, the setback need not be greater than that of the building set farthest back from the street line.

c.

In the case of a building being erected on a lot where there is a building on only one adjacent lot, the setback need not be greater than ten feet more than the setback of the adjacent building.

(2)

Front setbacks north of Pine Avenue.

a.

Every individual plot used for non-residential uses shall maintain a setback along any street side of at least 30 feet.

b.

Every individual plot used for multiple-family dwellings consisting of three or more dwelling units shall maintain a setback along all street sides of at least 25 feet.

(3)

Rear setbacks south of Pine Avenue.

a.

Structures east of El Mar Drive. No part of any building or seawall on the east side of El Mar Drive shall extend eastward from El Mar Drive to a distance greater than the distance specifically shown for the respective lots in the tabulation set out in this subsection:

b.

All other structures south of Pine Avenue. No building or any part thereof shall be erected on any lot closer than ten feet from the rear lot line, provided that where the height of the building exceeds 22 feet, the ten-foot minimum setback shall be increased by one foot for each four feet by which the height of the building exceeds 22 feet.

(4)

Rear setbacks north of Pine Avenue. No building or any part thereof shall be erected on any lot closer than five feet from the rear lot line.

(5)

Rear oceanfront setbacks. Notwithstanding the setback requirements hereinbefore specified, all new buildings or additions to existing buildings shall be located a minimum of 50 feet landwards of the mean high waterline of the Atlantic Ocean, as required by the Florida Department of Environmental Protection.

(6)

Side setbacks south of Pine Avenue.

a.

Corner setback. For a corner lot, the setback from the side street line shall be not less than ten feet, provided that if the height of the building exceeds 22 feet the setback shall be 15 feet.

b.

Side setbacks. Side setbacks shall not be less than ten feet, with the proviso that if the height of the building exceeds 22 feet, the ten-foot setback shall be increased by one foot for every two feet by which the height of the building exceeds 22 feet.

c.

Waterfront setback. No residence or accessory building thereof shall have a rear or side setback abutting the Intracoastal or an inland waterway, of less than 12 feet from the property line.

(7)

Side setbacks north of Pine Avenue.

a.

Corner setback. For a corner lot, the setback from the side street shall be not less than 25 feet.

b.

Side setbacks. Side setbacks shall not be less than 20 feet.

(8)

Roof overhangs.

a.

Front roof overhangs, cornices, eaves or balconies may encroach into the front yard setback no more than five feet.

b.

Side roof overhangs, cornices, eaves or balconies may not encroach closer than five feet to the side property line.

c.

Rear roof overhangs, cornices, eaves or balconies shall not extend closer than two feet to the rear property line.

(i)

View corridors. Oceanfront development and redevelopment located east of El Mar Drive shall create and preserve view corridors to the ocean.

(1)

Location and size.

a.

All side setbacks shall be designed as view corridors;

b.

A site shall provide view corridors that are no less than one foot in width for each ten feet of building length, provided that no view corridor shall be less than ten feet wide or if the property's side setback is less than ten feet, the width of the side setback;

c.

There shall be a view corridor provided on each side of each principal building on a multi-building site.

(2)

View requirements. View corridors shall maintain a clear view from four feet to 12 feet above ground and shall be unencumbered with any structure, roadway, off-street parking area or landscaping that blocks the viewpoint of a pedestrian from the El Mar Drive right-of-way.

a.

The view corridor shall extend the full east to west length of the site.

b.

Bridges or corridors that are not fully enclosed and architectural features including roof overhangs that are 12 feet or more above ground shall be allowed within view corridors.

c.

There shall be no accessory structures, furniture, umbrellas, opaque fences, hedges or ground foliage, whether temporary or permanent in nature, in excess of four feet in any view corridor.

d.

All trees in the view corridor over four feet in height shall provide a clear trunk space of a minimum of 12 feet.

(j)

Length of building.

(1)

No building shall be erected or altered to a length exceeding 200 lineal feet.

(2)

Bridges or corridors that are 12 feet or more above ground and are not fully enclosed shall not be counted towards the maximum building length if the buildings that they connect are at least ten feet apart.

(k)

Density and lot area.

(1)

Required lot area shall be at least 1,742 feet per multiple-family kitchen dwelling unit and at least 871 square feet per hotel room (1,742 square feet for condominium).

(2)

Every individual lot north of Pine Avenue shall have at least one side which has a minimum dimension of 60 feet. The plot line which provides access to the plot must be a minimum of 19 feet.

(3)

The minimum lot size for all permitted non-residential uses north of Pine Avenue shall be one net acre, with a minimum street frontage of 150 feet.

(4)

Existing non-residential buildings on lots which are less than one net acre or do not meet the minimum street frontage may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion.

(5)

Net density of development shall not exceed 25 kitchen dwelling units or 50 hotel rooms per acre of site (25 units per acre for condominiums and apartments).

(6)

In computing the permissible number of units for a given site, one-half or more of a unit shall be counted and permitted as a full unit in meeting density limits.

(7)

The square footage defined herein is intended to prohibit the flexibility of rental units constructed in RM-25 zoned areas contrary to the intent of the zoning code. Each unit or room with an attached bath and separate door leading to the outside or to a corridor, alley, or other outside exit shall be considered one rental accommodation unit.

(8)

Maximum density for category 3 community residential facilities shall be calculated as two bedrooms equals one dwelling unit.

(l)

Number of buildings. Construction shall be limited to one building on lots of 80 feet or less in width.

(m)

Minimum building and dwelling unit sizes.

(1)

South of Pine Avenue. No building shall be erected on any lot, not a waterfront lot, which does not comprise at least 1,200 ground floor square feet of floor space, exclusive of utility rooms, porches, garages and/or carports; and no building shall be erected on any waterfront lot, the main structure of which does not comprise at least 1,300 ground floor square feet of floor space, exclusive of utility rooms, porches, garages, and/or carports.

(2)

North of Pine Avenue. The following minimum floor areas per dwelling unit shall be provided:

a.

Multiple-family: 600 square feet.

Efficiency: 400 square feet.

b.

Hotel room: 200 square feet.

(n)

Maximum lot coverage north of Pine Avenue. The combined area occupied by all buildings and roofed structures on lots located north of Pine Avenue shall not exceed 40 percent of the lot area.

(Ord. No. 316, § 1, 1-9-1990; Ord. No. 473, § 2, 5-22-2001; Ord. No. 03-507, § 2, 2-25-2003; Ord. No. 03-526, § 2, 10-28-2003; Ord. No. 2005-19, § 2, 12-13-2005; Ord. No. 2007-14, § 2(Exh. A), 9-25-2007; Ord. No. 2009-19, § 7, 5-26-2009; Ord. No. 2009-30, § 6, 12-1-2009; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2011-09, § 4, 5-24-2011; Ord. No. 2012-06, § 2, 3-27-2012; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2015-04, § 2, 3-24-2015; Ord. No. 2015-13, § 2, 10-13-2015; Ord. No. 2016-01, § 5, 2-9-2016; Ord. No. 2017-05, § 3, 4-25-2017; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-23, § 2, 6-12-2018; Ord. No. 2018-27, § 2, 10-23-2018; Ord. No. 2021-09, § 2, 10-12-2021; Ord. No. 2022-03, § 2, 6-14-2022)

These provisions shall apply only to lots or plots of 60 feet or less in width west of or fronting on Bougainvilla Drive that existed as of September 13, 2000. These provisions shall not be applicable to lots or plots that are created by the subdivision of wider lots or plots after September 13, 2000. All other provisions of this chapter shall continue to apply, except that the provisions herein set forth shall apply to lots or plots 60 feet in width or less in the RM-25 district to the extent of a conflict.

(a)

Use.

(1)

Single family and duplex dwellings are permitted.

(2)

The reconstruction of a split lot duplex property is subject to section 30-137, nonconforming uses and structures.

(b)

Setbacks.

(1)

Front setback. No building shall be set closer than 25 feet to the street line upon which the front of said building shall face, provided that each building shall be considered as having one front, and provided that in no event shall the setback from the front line be greater than 35 feet. Balconies and roof overhangs may encroach no closer than 20 feet to the front property line.

(2)

Side setbacks. Side setbacks shall not be less than five feet. No building encroachments or overhangs may encroach within five feet of the side lot line. Any portion of the building that exceeds 22 feet in height shall have an additional side setback of one foot for each two feet of height exceeding 22 feet. Parapet walls and ornamental features not exceeding four feet in height above a flat roof shall be exempt from the additional setback requirement. Lots on the Intracoastal or inland waterways, where the side of said lot abuts the waterway, shall have a setback of not less than 12 feet from the seawall.

(3)

Rear setback. The land development regulations regulating rear setbacks in the development of an RM-25 district shall apply to the redevelopment of 50-foot lots unchanged.

(c)

Minimum ground floor area. The minimum ground floor area requirements of the Land Development Code as applied to an RM-25 district shall not apply. Instead the minimum square feet of living area shall be:

(1)

Lots or plots with less than or equal to 140 feet in depth shall have a minimum of 1,800 square feet of living area under air conditioning in each dwelling unit;

(2)

Lots or plots greater than 140 feet in depth shall have a minimum of 2,000 square feet of living area under air conditioning in each dwelling unit.

(d)

Parking. Except as modified herein, the parking provisions of sections 30-241 and 30-313 of the Town's Code of Ordinances shall remain in effect.

(1)

The minimum width shall be ten feet for a one-way driveway and 20 feet for a two-way driveway.

(2)

The minimum back-up dimension for a driveway serving a garage or parking space shall be 24 feet.

(Ord. No. 444, § 2, 9-13-00; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2016-01, § 6, 2-9-2016; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2020-08, § 4, 10-13-2020; Ord. No. 2021-09, § 2, 10-12-2021)

(a)

Uses permitted. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses:

(1)

Hotel;

(2)

Motel;

(3)

Apartment hotel;

(4)

Apartment.

(b)

Size of plot. Every plot shall be not less than 100 feet in width, and 10,000 square feet in area.

(c)

Height. No building or structure or part thereof shall be erected or altered to a height exceeding 150 feet.

(d)

Front yard. No building or any part thereof shall be erected on any lot closer than 25 feet to the front lot line.

(e)

Side yard. No building or any part thereof shall be erected on any lot closer than 20 feet to either side lot line.

(f)

Rear yard. No building or any part thereof shall be erected on any lot closer than 25 feet from the rear lot line.

(g)

Special accessory uses:

(1)

Hotel, motel, apartment hotels, or apartments having 100 or more units may have restaurants, gift shops, nightclubs, dining rooms, or bars which are located in the main building and which are of such design and size as to cater primarily to the guests of the main use. There shall be no signs or advertising relating to such special accessories uses on the exterior or interior of the building visible from any street, waterway, oceanfront, or adjacent property.

(2)

No business building may be erected on said lands and no business may be conducted on any part thereof, except such business as is solely and exclusively incident to each individual hotel, or motel, provided that if any such business be conducted in any building on said lands, then no shop, or store, or quarters, for any such business shall have any entrance or outside storefronts or signs, displays, lighting, or advertising facing, which may be visible from the outside of the building.

(3)

Vacation rental is a permitted accessory use if a rental certificate is first obtained pursuant to section 30-327.

(4)

Short term rental is a permitted accessory use if a rental certificate is first obtained pursuant to section 30-327.

(h)

Site plan approval:

(1)

No building or structure or part thereof shall be erected, altered or used, or land or water used, except in accordance with the site plan which has been approved by the Town Commission for the location, spacing, arrangement, size, height and character or building structure and uses, streets, alleys, open spaces, yards, parking, recreational facilities, walls, fences, driveways, signs, access and circulation.

(2)

No approval shall be given by the Town Commission unless it finds that the proposed plan and the development thereunder will conform to all of the applicable provisions of this article and will provide light, air, privacy, open spaces, safety, health and protection to surrounding property in accordance with the spirit and purpose of this article.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 473, § 3, 5-22-01; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-19, § 8, 5-26-09; Ord. No. 2009-30, § 7, 12-1-09; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2017-05, § 3, 4-25-2017; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

(a)

Applicability. This section applies to the existing PUD currently known as the Cabana Bay Village Condominium as approved by Broward County, legally described as Tract "A" of the Assumption Plat, recorded in Plat Book 123 at Page 47 of the Broward County, Florida Public Records. The PUD district is included in this chapter exclusively for said property and shall not be utilized in the rezoning of any other property within the Town.

(b)

Objectives. In order to promote planned infill development or redevelopment, allow greater freedom of design, improve the opportunity for flexibility and creativity in land development, and achieve the intent of land use regulations, this district is established to:

(1)

Encourage provision of planned residential communities in accordance with an approved comprehensive development plan.

(2)

Allow diversification of uses, structures and open spaces when not in conflict with existing and permitted land uses on abutting properties.

(3)

Provide maximum opportunity for application of innovative site planning concepts to the creation of aesthetically pleasing environments for living, shopping and working on properties of adequate size, shape and location.

(4)

Ensure that development will occur according to limitations of land use, site design, population density, building coverage, improvement standards and construction phasing authorized through approval of a comprehensive development plan.

(c)

Permitted uses.

(1)

Residential uses.

a.

Single-family attached and detached dwellings, and multiple-family dwellings.

b.

Adult congregate living facilities.

c.

Planned residential communities. Supporting commercial and special uses may also be permitted within an approved residential planned unit development district when complementary to, compatible with and required for the orderly operation of the planned community.

(2)

Non-residential uses.

a.

Planned commercial centers. Supporting noncommercial and special uses may also be permitted within an approved commercial planned unit development district when complementary to, compatible with and required for the orderly operation of a commercial center.

b.

Planned industrial parks. Supporting nonindustrial and special uses may also be permitted within an approved industrial planned unit development district when complementary to, compatible with and required for the orderly operation of a planned park.

c.

Planned special complexes. Recreational, cultural, educational or other similar uses may also be permitted within an approved special planned unit development district when complementary to, compatible with and required for the orderly operation of planned complexes.

d.

Retail sales, including food and beverage service; automobile service station.

e.

Personal services and household appliance repair services. Dry cleaning shall be done within completely enclosed solvent-reclaiming units.

f.

Business and professional office, medical facilities, funeral homes, private and commercial schools.

g.

Marine facilities.

(3)

Hotels, motels and restaurants. Hotels, motels and restaurants may be permitted upon a consideration of the following criteria:

a.

The total acreage used for said hotel, motel and restaurant, including necessary parking, support buildings and grounds appurtenances, shall not be considered common open space and shall be included within the maximum total acreage permitted under this section for commercial use.

b.

The trafficway system in the area adjacent to said use shall be adequate to support the anticipated traffic to be generated by the hotel, motel or restaurant.

c.

The area of said use shall be calculated as part of the total commercial acreage permitted, and the density shall not exceed 40 hotel-motel units per gross acre as per special area delineated on the development plan.

(d)

Common open space.

(1)

All common open space shall be preserved for its intended purpose as expressed in the approved site plan. Common open space shall be conveyed to trustees provided in an indenture establishing an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development so that the common open space will be used as specified on the development plan and to ensure the maintenance of all common open space.

(2)

All privately owned common open space shall conform to its intended use and remain as expressed in the approved site plan through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners.

(3)

All common open space shall be improved to complement the residential uses and may contain compatible and complimentary structures for the benefit and enjoyment of the residents of the planned unit development.

(4)

All common open space as well as public and recreational facilities shall be specifically included in the development plan schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. If the Town determines that the rate of construction of dwelling units is greater than the rate at which common open spaces and recreational facilities have been constructed and provided, no further residential permits shall be issued until the proper ratio has been provided.

(5)

The association or nonprofit corporation responsible for administering the common open space shall conform to the following requirements:

a.

The developer shall establish, by charter, the association or nonprofit corporation prior to any sale.

b.

Membership in the association or nonprofit corporation shall be mandatory for all property owners within the planned unit development, and said association or corporation shall not discriminate in its members or shareholders.

c.

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities which are not dedicated to the public and shall provide for the maintenance, administration and operation of said land and any other land within the planned unit development not publicly or privately owned.

(e)

Land use regulations. The land use regulations are as follows:

(1)

Floor area ratio (FAR): FAR is the permitted residential square foot amount of floor area of buildings per square foot of land area in the planned unit development site. FAR times the total square footage of land area equals the maximum floor area permitted in the planned unit development. The maximum allowable FAR for the PUD is 0.65.

(2)

Open space ratio (OSR): OSR is the minimum required square foot amount of land area which must remain open space, without buildings, but including paved area, per square foot of residential floor area. OSR times the total square footage of floor area equals the minimum open space required. The minimum required OSR for the PUD is 1.1.

(3)

Livability space ratio (LSR): LSR is the required square foot amount of open space which is not used for vehicular purposes, i.e., driveways and parking, per square foot of floor area. LSR times the total square footage of residential floor area equals the minimum livability space required. The minimum required LSR for the PUD is 0.61.

(4)

Minimum lot area, distance between structures, frontage and setbacks.

a.

No minimum lot size shall be required within a planned unit development district.

b.

No minimum distance between structures shall be required within a planned unit development district.

c.

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The Town shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct County services, and to generally ensure the health and safety of the residents of the planned unit development.

d.

There are no required setbacks or yards except that there shall be a setback or yard not less than 25 feet in depth abutting all public road rights-of-way within or abutting a planned unit development district.

(f)

All lots, tracts or parcels of a subdivided or resubdivided planned unit development are to be controlled by the approved site plan rather than by the provisions of the zoning code. The provisions governing changes in the approved site plan will apply.

(g)

Compatibility zone. Within 150 feet of the interior perimeter of the planned unit development district, use, setback, height and plot coverage requirements shall be at least as restrictive as the adjacent zoning or as indicated by established adjacent development.

(h)

Maximum length of structures. No maximum length of structures shall be required within a planned unit development district.

(i)

Off-street parking requirements. Off-street parking shall meet all requirements of section 30-318.

(j)

Landscaping. Landscaping shall meet all requirements of article VII.

(k)

Underground utilities. Within the planned unit development, all utilities, including telephone, television cable and electrical systems, shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted above ground.

(l)

Approval. An applicant for a planned unit development shall apply, submit a master site plan encompassing the entirety of the planned unit development, including all phases, pursuant to and consistent with the requirements of this section and chapter 30, article IV, division 2, site plan procedures and requirements. Such site plan shall specify and clearly illustrate the location, relationship, design nature and character of all primary and secondary uses, public and private easements, structures, parking areas, public and private roads, and common open space.

(m)

Professional services required. Any site plan submitted as part of an application for a planned unit development shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(1)

A planner who possesses the education and experience to qualify for full membership in the American Institute of Planning, and/or

(2)

A landscape architect registered by the State of Florida, and/or

(3)

An architect licensed by the State of Florida, together with

(4)

A professional engineer registered by the State of Florida, and trained in the field of civil engineering, and/or

(5)

A land surveyor registered by the State of Florida.

(n)

Conformance to approved plan.

(1)

No building permit for a particular phase of a planned unit development shall be issued for such phase of the planned unit development until a final site plan for that particular phase of the planned unit development reflecting the following is approved by the Town:

a.

All dedicated and private streets.

b.

All proposed lots, parcels or tracts, including dimensions, lot, tract or parcel numbers and type of structures or uses.

c.

Common open space and recreational areas.

d.

Maximum plot coverage per lot, tract or parcel.

e.

Minimum setbacks from individual lot, tract or parcel boundaries.

f.

Minimum separation between any two buildings on the same lot, tract or parcel.

g.

Maximum height of any proposed structure.

h.

Maximum density.

i.

All easements.

(2)

All development shall be in conformance with the approved site plan.

(Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

Editor's note— Ord. No. 2015-17, § 4, adopted May 24, 2016, repealed § 30-260, which pertained to business zoning districts and derived from Ord. No. 2012-01, § 4, 3-27-2012.

(a)

B-1-A uses permitted.

(1)

Permitted uses. No building or premises shall be used and no building with the usual accessories shall be erected or altered other than a building or premises arranged, intended, or designed for any of the following uses, not to exceed 10,000 square feet in gross floor area:

a.

Antiques store,

b.

Art galleries,

c.

Arts and crafts supply store,

d.

Automobile rental or leasing agencies (no outdoor display),

e.

Bait and tackle shop,

f.

Bakery,

g.

Bank,

h.

Barber shops and hair salons,

i.

Bicycle rental shop with no outside storage,

j.

Book store,

k.

Business and professional employment agency,

l.

Camera and photographic supply store,

m.

Card and stationery store,

n.

Catering businesses,

o.

Church and place of worship,

p.

Clothing store,

q.

Coin-operated dry cleaning and laundry and/or pickup station,

r.

Community theaters, dinner theaters and cultural centers,

s.

Computer/software store,

t.

Consignment store,

u.

Cooking schools,

v.

Copy center,

w.

Courier service,

x.

Delicatessen,

y.

Reserved,

z.

Drug store/pharmacy (no on-site prescription writing for controlled substances identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035, or 893.0355),

aa.

Fabric/needlework/yarn shop,

bb.

Fishing pier,

cc.

Florist shop,

dd.

Formal wear sales and rental,

ee.

Fruit and produce store,

ff.

Furniture and home furnishings,

gg.

Gift shop,

hh.

Government administration,

ii.

Grocery/food store/supermarket,

jj.

Hardware store,

kk.

Health and fitness center,

ll.

Household appliances store,

mm.

Ice cream/yogurt store,

nn.

Interior decorator,

oo.

Jewelry store,

pp.

Library branch,

qq.

Linen/bath/bedding store,

rr.

Luggage/handbag/leather goods store,

ss.

Mail/postage/fax service,

tt.

Marine parts and supplies store,

uu.

Reserved

vv.

Massage therapist (licensed therapist to be on premises at all times of operation; see subsection (j) below for supplemental regulations),

ww.

Meat and poultry store,

xx.

Medical supplies sales and medical/dental office,

yy.

Motorized scooter sales or moped sales and rentals (indoor only, outdoor sales, storage or display prohibited),

zz.

Museum,

aaa.

Music/musical instrument store, tapes/videos/music CD/vinyl record stores,

bbb.

Office building,

ccc.

Optical store,

ddd.

Reserved,

eee.

Photographic studio,

fff.

Police and fire substation,

ggg.

Retail electronic sales and repair,

hhh.

Restaurant, which may also include the following accessory uses:

1.

Sidewalk cafés which would be appurtenant to, and a part of, a restaurant, subject to the requirements of chapter 17, article VI, sidewalk cafés.

2.

Outside seating for restaurants, on private property other than a sidewalk, that is accessory to the principal restaurant use and that is not regulated under chapter 17, article VI, and subject to the regulations set forth in subsection (h), below.

3.

Walk-up windows for food and/or beverage service,

iii.

Seafood store,

jjj.

Shoe sales and repair,

kkk.

Shop for marking articles sold at retail on the premises,

lll.

Reserved,

mmm.

Sporting goods store, including dive shops,

nnn.

Studios for artists, photographers, musicians (including recording studios), and dance,

ooo.

Reserved,

ppp.

Tailor/dressmaking store, direct to the customer,

qqq.

Reserved,

rrr.

Tool rental (small tools and equipment, indoor display only),

sss.

Toy/game store,

ttt.

Reserved,

uuu.

Travel agency,

vvv.

Veterinarian or animal grooming with all activities enclosed within the building with no outside noise,

www.

Watch and jewelry repair, and

xxx.

Uses not listed.

1.

Any use not covered by the above list may be authorized in the B-1-A district by the Town Manager or designee only if the proposed use is similar to a listed use; otherwise, an amendment to this chapter is required.

2.

The Town Manager or designee shall consult with the Town Commission on any proposal to find that a use is similar, prior to authorizing such use in the B-1-A district.

3.

Whenever a use is approved as a similar use, the Town Manager shall report such finding in the written Town Manager report at a subsequent Town Commission meeting.

(2)

Conditional uses. The following conditional uses may be permitted upon approval pursuant to the conditional use procedures of this Code:

a.

Bicycle taxi (no outside storage or display).

b.

Reserved,

c.

Charter and sightseeing boat.

d.

Child and adult day-care centers.

e.

Convenience store, subject to the requirements as set forth in subsection (i), below.

f.

Drive-through services that are accessory to a primary use, provided that any approval of the drive-through use by the Town Commission shall specifically establish the location and traffic flow pattern of the drive-through.

g.

Dry cleaner.

h.

Mixed use, subject to the requirements as set forth in subsection (i) below.

i.

"Paid private parking" on parcels with a primary use, excluding standalone parking lots, subject to the requirements as set forth in subsection (i) below.

j.

Parking garage.

k.

Permitted use that exceeds 10,000 square feet in gross floor area.

l.

Reserved,

m.

Pool supply store.

n.

Outside storage of propane tank cabinets for the storage, sale or rental of propane tanks.

o.

Water craft sales and rental (new or used).

p.

Conditional uses not listed.

1.

Permission to apply for conditional uses not covered by the above list in the B-1-A district may be granted by the Town Manager or designee only if the proposed conditional use is similar to a listed conditional use; otherwise, an amendment to this chapter is required.

2.

The Town Manager or designee shall consult with the Town Commission on any proposal to determine that a conditional use is similar to those listed, prior to authorizing the filing of an application to seek approval of that conditional use in the B-1-A district.

3.

Whenever a use is approved as a similar use, the Town Manager shall report such finding in the written Town Manager report at a subsequent Town Commission meeting.

4.

Approval of a conditional use shall also be subject to the requirements for conditional use review as set forth in section 30-126 of the Town Code.

(b)

Height.

(1)

No building shall be erected to a height greater than two stories on lots less than 50 feet in width, nor greater than three stories on any other lots.

(2)

Lots which are adjacent may be combined and developed as one parcel, and may utilize the wider lot height restrictions if a joinder of the lots under a unity of title or covenant-in-lieu is provided in a form acceptable to the Town Attorney.

(c)

Lot coverage. Buildings not used for residential purposes shall not occupy more than 90 percent of the lot area.

(d)

Design.

(1)

Construction shall be limited to one building on lots that are 50 feet or less in width.

(2)

All buildings shall be of C.B.S. construction.

(3)

No parking spaces constructed after March 28, 2017 shall be located along the primary street frontage and to the maximum extent feasible without losing required parking, as determined by the DSD, existing parking along the primary street frontage shall be removed from the primary street frontage for any redevelopment.

(4)

Curbcuts providing access to parking areas shall be located on streets other than Commercial Boulevard, except where a property only has access from Commercial Boulevard, or it is determined based on a traffic study that access from Commercial Boulevard is necessary for safe and efficient vehicular and pedestrian circulation.

(5)

Each structure shall have its own sustaining walls; party walls are prohibited.

(6)

There shall be at least one front entrance and one rear entrance to buildings.

(7)

The first floor of a building extending from street to street on inside lots, shall have two front facades and entrances.

(8)

There must be a ground floor storefront facing the primary street. If the property is a corner lot, there must be a ground floor storefront facing both streets.

(9)

Building façades on the second or third stories shall be physically and visually diverse, incorporating features such as balconies, alternate or varied setbacks, eyebrows or other artistic and architectural features on at least 40 percent of the linear frontage per story above the first. The DSD shall review and approve compliance with this criteria through the architectural review process, and may decrease the 40 percent standard by ten percent if the DSD finds that such a change enhances the Mid-century Modern façade and remains consistent with the architectural design guidelines.

(10)

Building façades on the majority of the length of the first floor must incorporate architectural features such as eyebrows, awnings, canopies or other artistic and architectural features to create shade.

(e)

Setbacks.

(1)

Front setback. No new building after March 28, 2017, shall have a front setback, except those erected on Bougainvilla Drive which shall have a front setback of 25 feet from property line.

(2)

Rear setback. No building or any part thereof shall be erected on any lot closer than ten feet from the rear lot line.

(3)

Side setbacks. No side setbacks are required.

(4)

Roof cornice setbacks. Roof cornices, if ten feet or more above the sidewalk, may project over the public street, provided they are set back a minimum of two feet, measured from the curbline.

(5)

Double front yard setbacks shall not be required for buildings that extend from street to street on inside lots.

(f)

No drive-through or outdoor service. Drive-through, drive-in or drive-up services or related service aisles are prohibited. Except as permitted in the operation of an approved sidewalk café or outdoor dining area, all business transactions including payment and receipt of merchandise shall occur inside the building.

(g)

Lot subdivision. Subdivision of lots to a width less than 25 feet is not permitted.

(h)

Outside seating for restaurants, on private property other than a sidewalk, that is accessory to the primary restaurant use may be permitted subject to the following regulations:

(1)

Permit required. It shall be unlawful for any person to provide outside seating for a restaurant on private property within the Town without first obtaining a permit from the Town. The location of an outside seating area for a restaurant shall be approved by the Town Manager or designee.

(2)

Permit fee. The fee for a permit for outside seating for a restaurant shall be as established by resolution of the Town Commission, shall be non-refundable, and shall accompany the outdoor seating application.

(3)

Permit application. Application for a permit to provide outside seating for a restaurant shall be commenced by the filing of a complete application on a form provided by the Town with the Development Services Department. Such application shall include the following:

a.

Name, address and telephone number of the applicant.

b.

Name and address of business.

c.

A copy of a valid Town of Lauderdale-By-The-Sea business tax receipt to operate a restaurant adjacent to the outside seating area which is the subject of the application.

d.

An 8½ × 11 inch drawing or larger at a minimum scale of one inch equals 20 feet showing the following:

1.

The store front and all openings (doors, windows);

2.

The location and dimensions of the private property area being utilized for the outside seating area, including: structures located thereon; proposed location, dimension and number of tables, chairs, and umbrellas proposed within the outside seating area;

3.

Clear delineation of the boundary between private property and the public right-of-way;

4.

The location of tables and chairs complying with the Americans with Disabilities Act (ADA) standards.

e.

When the outside seating is visible from a public right-of-way, the application shall also include:

1.

Photographs and/or manufacturer brochures fully describing the appearance of all proposed chairs, tables, umbrellas and other private features, including but not limited to lighting to be used in the proposed outside seating area.

2.

A trash management and maintenance plan for the outside seating area, which shall include a plan for pickup and disposal of any trash or food on or around the tables and chairs or sidewalk, and periodic pressure cleaning of the area used for outside seating. This plan shall ensure that the outside seating area is maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day and at the close of each business day to ensure a healthy and safe environment.

f.

Written consent from the building owner for the proposed outside seating area.

g.

In the event the outside seating area is proposed in front of an adjacent owner's property, the applicant must provide written consent from the adjacent property owner for use of this area.

h.

Non-refundable application fee.

(4)

Permit Application Review. The Town Manager or designee shall review applications for compliance with the standards and requirements set forth in this article as well as any other applicable Town Code provisions.

a.

No application shall be accepted until it is deemed complete.

b.

The Town Manager or designee shall review the submitted application within 20 business days and either accept the application if it is complete or, if incomplete, reject the application with a written notice of incompleteness, specifying the data missing from the application.

c.

If an application is rejected, the applicant may resubmit the application with the additional information required. Upon each resubmittal, the Town Manager or designee shall have ten business days to review the resubmitted application and either accept the application as complete or provide written notice of any corrections, revisions or deficiencies. This process shall continue until the applicant has submitted a complete application or demands that the application be reviewed as is, without further revisions.

d.

If an applicant fails to provide the additional information as requested by the Town Manager or designee within 60 days of the request for additional information, the Town Manager or designee may deem the application to be withdrawn by the applicant and the application considered null and void. Upon request, the applicant shall be entitled to one 60-day extension, provided the extension request is granted prior to the expiration of the above referenced 60-day time period.

e.

For any application in which the outdoor seating area is not located directly in front the associated restaurant, the Town will send a courtesy notice to those businesses directly abutting the proposed outdoor seating. Any affected person may provide written comments to the Town Manager or designee within ten days of the date of the mailed notice, for the consideration of the Town Manager or designee. Failure to mail or receive such courtesy notice shall not affect actions taken under this article.

f.

Prior to issuance of an outdoor seating permit or annual renewal, the Town Clerk shall certify that there are no outstanding fines, fees, taxes or other charges owed to the Town by the current or past owners or operators of the property requesting an outdoor seating permit. An outdoor seating permit may not be issued until all outstanding fees and/or fines owed to the Town are paid in full.

g.

The Town Manager or designee shall approve, approve with conditions, or deny an application based on the requirements of this article and compliance with the Town Code. Approval shall be in the form of an outdoor seating permit and as provided for in this article. A denial of an outdoor seating application shall be made in writing and shall provide the reasons for such denial. The applicant or an affected property owner whose property directly abuts the property, which is the subject matter of the application, may appeal the Town Manager or designee's decision on the outdoor seating permit application to the Town Commission.

(5)

Location requirements. The location of an outside seating area for a restaurant shall be subject to the following locational regulations:

a.

An outside seating area shall only be permitted on private property that is adjacent to a licensed restaurant business to which the permit is issued.

b.

Tables and chairs shall not be located within a ten-foot proximity of bus stops, taxi stands, fire hydrants, a pedestrian crosswalk, driveway or handicap ramp.

c.

The Town Manager or designee may permit an exception to the distance requirement of subsection b. above from ten feet to five feet where established pedestrian and tram paths shall not be obstructed and where public safety shall not be adversely affected.

d.

Markers approved by the Town Manager or designee shall be embedded into the property to distinguish the approved boundaries of the outside seating area. This requirement may be waived by the Town Manager or designee if the proposed outside seating area is not on or adjacent to any private or public sidewalk, parking or other pedestrian area if the area is otherwise clearly delineated.

(6)

Additional regulations for outside seating for a restaurant.

a.

The outside seating area shall be accessory to and under the same ownership or control as the primary restaurant, which is operated within a permanently enclosed building located on the same or adjacent parcel. The outdoor seating permit shall be personal to the permittee only and shall not be transferrable. The outdoor seating permit issued shall be specific to the location and is not transferrable to another location.

b.

Live and/or amplified music shall be prohibited within the confines of the outdoor seating area. Speakers emitting music from inside the restaurant or food store serving the outdoor seating area shall be placed and directed in such a manner that the music's amplification is directed internally into the restaurant or food store.

c.

Food preparation shall only occur in the fully enclosed area of the licensed primary restaurant.

d.

Hours of operation shall not exceed the hours of operation established for the principal licensed restaurant.

e.

All fabrics shall be fire-retardant, pressure-treated or manufactured of fire resistive material.

f.

No objects shall be permitted around the perimeter of the outside seating area that is occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the use of a sidewalk by the general public.

g.

Additionally, when the outside seating area is visible from a public right-of-way:

1.

No tables, chairs, or any other part of an outside seating area shall be permanently attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area.

2.

Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the outside seating area shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment.

3.

Design, materials and colors shall be approved by the Town Manager or designee prior to the issuance of the permit to allow the outside seating area.

h.

Shade structures.

1.

Umbrellas. Shall be no larger than eight and one-half feet in diameter and shall maintain a minimum vertical clearance from the sidewalk of not less than eight feet in height.

2.

Tents, canopies and pergolas or other similar structures are prohibited.

i.

Outdoor seating. The maximum seating capacity shall be limited to one seat per ten square feet of outdoor seating area for chairs and one barstool seat per 24 inches of the linear outside bar area.

j.

Greeting podiums and service stations. All furniture and fixtures, including any greeting podium and/or service station, shall remain within the confines of the designated outdoor seating area, located as close to the building as feasibly possible and shall not impede the public right-of-way.

(7)

Prior to issuance of a permit for an outside seating area, the Town Clerk shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the Town by the current or past owners or operators of the property requesting a permit for outside seating. A permit to allow outside seating will not be issued until all outstanding debts to the Town are paid in full.

(8)

Any primary restaurant which obtains a permit to have outside seating as an accessory use to a primary restaurant, pursuant to this section may redesign the face of their establishment to allow for doors or panels that permit the establishment to have open sides allowing for an indoor/outside restaurant design. Any proposed alterations, modifications or changes to the building shall require the issuance of a building permit, compliance with the Town Code and payment in full of all applicable fees.

(i)

Specific conditional use criteria.

(1)

Convenience store criteria. A convenience store may be permitted within the B-1-A zoning district only on property that is located west of State Road A1A and subject to the following regulations:

a.

A convenience store shall have frontage on Commercial Boulevard;

b.

A convenience store may not be located within 500 feet of any other convenience store, as measured by airline measurement from the main entrance to the main entrance of each place of business; and

c.

A convenience store shall also be subject to the requirements of F.S. § 812.1701 as may be amended.

(2)

Mixed use requirements. The following provisions govern applications for approval of "mixed use" development as a conditional use in the B-1-A district.

a.

Purpose. The purpose of encouraging mixed use development is to:

1.

Accommodate mixed-use buildings with neighborhood-serving retail, service, and other commercial uses on the ground floor, and residential units above the non-residential space;

2.

Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and

3.

Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

b.

Mixed use development on commercially designated parcels. The Town may approve a conditional use for mixed use development on B-1-A zoned property when the property has a commercial land use designation in the Broward County Land Use Plan, if all of the following requirements are met:

1.

Flexibility units are available, in accordance with section 30-100, Flexibility rules, of the Town Code; and

2.

The number of units and floor area limitations of this section are satisfied for the residential uses.

c.

Limitations on residential uses.

1.

Maximum number of units. No mixed use development may be assigned more than ten percent of the flexibility units in its flexibility zone. If ten percent of the units is not a whole number, it shall be rounded up to the next whole number.

2.

Limitations on location of uses.

i.

Non-residential use or space is prohibited on or above any floor which contains any residential use or space.

ii.

Residential use or space is prohibited on the ground floor.

3.

Floor area and lot coverage.

i.

The residential floor area of the mixed use development shall not exceed 50 percent of the gross floor area of the building.

ii.

No building which includes residential uses shall occupy an area greater than 70 percent of the entire lot.

iii.

The required lot area per apartment or kitchen unit shall be not less than 800 square feet. The required floor area per apartment or kitchen unit shall not be less than 250 square feet minimum.

iv.

The required floor area for a hotel room shall not be less than 200 square feet.

4.

Rental restriction. On properties with four dwelling units or less, short term rentals are permitted as an accessory use if a rental certificate is first obtained pursuant to section 30-327.

d.

Parking requirements.

1.

The total number of required off-street parking spaces for a mixed use development shall be equal to the sum of the required parking for each use as if provided separately.

2.

A minimum of one parking space per residential unit must be provided on-site.

3.

For a unit that includes both residential and non-residential uses, the total required parking will be equal to the parking required for the non-residential use only. See sections 30-314 through 30-324 regarding off-street parking.

e.

Landscaping and open space requirements. Mixed use developments shall be required to meet the vehicular use area requirements as provided in article VII, Landscape Code, of chapter 30, Unified Land Development Regulations, for non-residential uses.

(3)

Paid private parking requirements. Paid private parking may be approved as a conditional use subject to the following:

a.

During business operational hours, only non-required parking spaces may be used as paid private parking.

b.

After business hours, required parking may also be used for paid private parking.

c.

The price for parking shall be displayed at all times paid private parking is available in the manner approved by the Town Manager.

(j)

Massage therapists—Supplemental regulations.

(1)

Massage therapist certificate required. No establishment shall offer or provide massage services without obtaining a massage therapist certificate issued pursuant to this subsection (j), and maintaining such certificate. All persons providing massage services at the establishment shall be duly licensed under F.S. § 480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. § 480.033, or possess another valid health care practitioner license duly issued by the Florida Department of Health pursuant to F.S. ch. 456.

a.

Application for businesses. All establishments providing massage services as defined within this Code shall apply for a massage therapist certificate from the Town. Any establishment applying for a massage therapist certificate shall include the following information on a form provided by the Town:

1.

Proof of valid Florida Board of Massage Therapy license issued to the establishment in accordance with F.S. § 480.043 et seq.; and

2.

Proof of valid Florida Board of Massage Therapy or other state health care practitioner license for all personnel providing massage services at the establishment, in accordance with F.S. § 480.041 et seq. or F.S. ch. 456; or proof of Florida Board of Massage apprenticeship approval as defined in F.S. § 480.033, if applicable; and

3.

Proof of valid Florida driver's license or other government-issued identification for every person and massage therapist working at the establishment.

b.

Term of massage therapist certificate for businesses. Once issued, a massage therapist certificate shall remain valid for a period of one year, or until there is a change of the use, ownership, name, location of the establishment from that specified on the approved certificate, or until such time that the Town-issued business tax receipt (BTR) expires.

1.

The operator of any massage establishment that holds a certificate shall submit an application to renew the certificate within 30 days prior to the expiration date of the current certificate in order to continue operating.

2.

When there is a change of the use, ownership, business name, or establishment name, or establishment location from that specified on the approved certificate, a new certificate shall be required.

c.

Requirement to supply updated information. Annually at the time of issuance of business tax receipt during the term of a massage therapist certificate, each establishment holding a certificate shall supply the Town with the following information on a form and in the manner prescribed by the Town:

1.

Revocation, expiration, or change to the status of the state licenses described in sub-subsection a. above; and

2.

Updated state driver's license or other government-issued identification information for all personnel providing massage services at the establishment, including new staff members.

3.

Proof of valid licensure of any new employees within seven days of employment, regardless of monthly report due date.

d.

Display of certificate. Establishments shall display the valid certificate in a place easily visible to any person entering the establishment and shall maintain proof of valid licenses and identification of each staff member on the premises of the establishment at all times during operation.

e.

Revocation.

1.

Grounds for revocation. The following shall be nonexclusive grounds for revocation of a massage therapist certificate:

i.

Noncompliance with any provision of this subsection (j); or

ii.

Noncompliance with F.S. ch. 480; or

iii.

The Town's determination that issuance of a certificate was granted based upon false information, misrepresentation of fact, or mistake of fact by the representative of the establishment holding the certificate, or his or her agent; or

iv.

Failure to remain "in good standing" as defined herein.

2.

Revocation procedure. In the event the Town determines there are grounds for revocation, the Town shall schedule a hearing before the Town Manager and notify the certificate holder in writing and the grounds upon which such action is proposed, no less than seven days prior to the date of the hearing. In the event of an emergency the hearing may be held no less than 24 hours after notice to the certificate holder. Notice shall be deemed given when a notice has been properly addressed to the address as provided by the certificate holder on the certificate application, stamped and deposited in a U.S. Postal depository or collected by an employee of the U.S. Postal Service.

Emergency notice shall be attempted by all available avenues including hand delivery. Proof shall be by clear and convincing evidence.

The Town Manager may:

i.

Find no violation;

ii.

Temporarily suspend the certificate for a time period as determined appropriate by the Town Manager;

iii.

Revoke the certificate for the remainder of its term.

iv.

Depending on the facts and circumstances, the Town Manager may suspend or revoke a license immediately subject to appeal as provided herein. Such appeal shall not stay the revocation or other action of the Town Manager.

A finding of violation twice within a one-year period shall require revocation of the license for the remainder of its term. Nothing in this subsection (j) shall take away other enforcement powers of the Town, Special Magistrate or any other agency provided by the Code or statute.

f.

Exemptions. Massage services in state-licensed hospitals and hospices, or those massages provided by a massage therapist acting under the direction of a licensed medical provider or practitioner, shall be exempt from the massage therapist certificate requirements of this subsection (j).

(2)

Penalties. Violations of this subsection (j) shall be punishable in a manner to be prescribed by the Town and may result in the revocation of a massage therapist certificate, the imposition of fines, or any other penalty applicable pursuant to any other law.

(3)

"In good standing" defined. For purposes of this subsection (j), the term "in good standing" means:

a.

That the applicant's state license is current;

b.

That the applicant's state license will not expire during the fiscal year for which the massage therapy services certificate is issued (or if such the case, that a renewal for the state license has been filed);

c.

That there are no pending Department of Health Administrative complaints against the applicant which seek permanent revocation or suspension of the applicant's state license;

d.

That there are no pending Department of Health Administration complaints against the applicant's state license seeking a restriction of practice or placement on probation (the Town may disregard this evidence if it receives a resolution from the Board of Massage Therapy, or a letter from the Executive Director of the Department of Health indicating that the remedy sought will not preclude the applicant from pursuing the massage therapy services certificate); and

e.

That the applicant is not being prosecuted, and does not have criminal charges pending at the state or federal prosecutor, at the time the Town must approve or deny the application for the massage therapist certificate.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 348, § 1, 6-14-94; Ord. No. 2004-08, § 2, 6-22-04; Ord. No. 2004-12, 8-10-04; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-10, § 5, 7-28-09; Ord. No. 2009-36, § 2, 2-23-2010; Ord. No. 2010-15, § 2, 11-9-2010; Ord. No. 2011-07, § 2, 4-27-2011; Ord. No. 2012-01, § 4, 3-27-2012; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2014-14, § 3, 10-28-2014; Ord. No. 2015-17, § 4, 5-24-2016; Ord. No. 2017-03, § 3, 3-28-2017; Ord. No. 2017-09, § 3, 9-13-2017; Ord. No. 2020-01, § 2, 2-11-2020; Ord. No. 2020-07, § 1, 10-13-2020; Ord. No. 2020-09, § 2, 11-10-2020; Ord. No. 2021-10, § 2, 1-11-2022)

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, renumbered former § 30-262 as subsection 30-261(g). The former § 30-262 derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, renumbered former § 30-263 as subsection 30-261(h). The former § 30-263 derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

(a)

B-1 uses permitted.

(1)

Permitted uses. No building or premises shall be used and no building with the usual accessories shall be erected or altered other than a building or premises arranged, intended, or designed for any of the following uses, not to exceed 10,000 square feet in gross floor area, except for waterfront hotel uses:

a.

Antiques store,

b.

Art galleries,

c.

Arts and crafts supply store,

d.

Automobile rental or leasing agencies (no outdoor display),

e.

Bait and tackle shop,

f.

Bakery,

g.

Bank,

h.

Barber shops and hair salons,

i.

Bicycle rental shop with no outside storage,

j.

Book store,

k.

Business and professional employment agency,

l.

Camera and photographic supply store,

m.

Card and stationery store,

n.

Catering businesses,

o.

Church and place of worship,

p.

Clothing store,

q.

Coin-operated dry cleaning and laundry and/or pickup station,

r.

Community theaters, dinner theaters and cultural centers,

s.

Computer/software store,

t.

Consignment store,

u.

Cooking schools,

v.

Copy center,

w.

Courier service,

x.

Delicatessen,

y.

Dental laboratory,

z.

Drug store/pharmacy (no on-site prescription writing for controlled substances identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035, or 893.0355),

aa.

Fabric/needlework/yarn shop,

bb.

Fishing pier,

cc.

Florist shop,

dd.

Formal wear sales and rental,

ee.

Fruit and produce store,

ff.

Furniture and home furnishings,

gg.

Gift shop,

hh.

Government administration,

ii.

Grocery/food store/supermarket,

jj.

Hardware store,

kk.

Health and fitness center,

ll.

Household appliances store,

mm.

Ice cream/yogurt store,

nn.

Interior decorator,

oo.

Jewelry store,

pp.

Library branch,

qq.

Linen/bath/bedding store,

rr.

Luggage/handbag/leather goods store,

ss.

Mail/postage/fax service,

tt.

Marine parts and supplies store,

uu.

Reserved,

vv.

Massage therapist (licensed therapist to be on premises at all times of operation; see subsection (j) below for supplemental regulations),

ww.

Meat and poultry store,

xx.

Medical supplies sales, medical/dental office,

yy.

Motorized scooter sales or moped sales and rentals (indoor only, outdoor sales, storage or display prohibited),

zz.

Museum,

aaa.

Music/musical instrument store, Tapes/videos/music CD/vinyl record stores

bbb.

Office building,

ccc.

Optical store,

ddd.

Reserved,

eee.

Photographic studio,

fff.

Police and fire substation,

ggg.

Retail electronic sales and repair,

hhh.

Restaurant, which may also include the following accessory uses:

1.

Sidewalk cafés which would be appurtenant to, and a part of, a restaurant, subject to the requirements of chapter 17, article VI, sidewalk cafés.

2.

Outside seating for restaurants, on private property other than a sidewalk, that is accessory to the principal restaurant use and that is not regulated under chapter 17, article VI, and subject to the regulations set forth in subsection (h), below.

3.

Walk-up windows for food and/or beverage service.

iii.

Seafood store,

jjj.

Shoe sales and repair,

kkk.

Shop for marking articles sold at retail on the premises,

lll.

Reserved,

mmm.

Sporting goods store, including dive shops,

nnn.

Studios for artists, photographers, musicians (including recording studios), and dance,

ooo.

Reserved,

ppp.

Tailor/dressmaking store, direct to the customer,

qqq.

Reserved,

rrr.

Tool rental (small tools and equipment, indoor display only),

sss.

Toy/game store,

ttt.

Reserved,

uuu.

Travel agency,

vvv.

Veterinarian or animal grooming with all activities enclosed within the building with no outside noise,

www.

Watch and jewelry repair,

xxx.

Cigar store (not meeting the definition of tobacco paraphernalia store, no customer service area),

yyy.

Uses not listed.

1.

Any use not covered by the above list may be authorized in the B-1-A district by the Town Manager or designee only if the proposed use is similar to a listed use; otherwise, an amendment to this chapter is required.

2.

The Town Manager or designee shall consult with the Town Commission on any proposal to find that a use is similar, prior to authorizing such use in the B-1-A district.

3.

Whenever a use is approved as a similar use, the Town Manager shall report such finding in the written Town Manager report at a subsequent Town Commission meeting.

(2)

Conditional uses. The following conditional uses may be permitted upon approval pursuant to the conditional use procedures of this Code:

a.

Bicycle taxi (no outside storage or display).

b.

Reserved.

c.

Reserved,

d.

Charter and sightseeing boat.

e.

Child and adult day-care centers.

f.

Convenience store, subject to the requirements as set forth in subsection (i), below.

g.

Drive-through services that are accessory to a primary use, provided that any approval of the drive-through use by the Town Commission shall specifically establish the location and traffic flow pattern of the drive-through.

h.

Dry cleaner.

i.

Marina, subject to the requirements as set forth in subsection (i) below.

j.

Mixed use, subject to the requirements as set forth in subsection (i) below.

k.

"Paid private parking" on parcels with a primary use, excluding standalone parking lots subject to the requirements as set forth in subsection (i) below.

l.

Parking garage.

m.

Permitted use exceeding 10,000 square feet in gross floor area.

n.

Pet store (see subsection (k) below for supplemental regulations).

o.

Pool supply store.

p.

Outside storage of propane tank cabinets for the storage, sale or rental of propane tanks.

q.

Water craft sales and rental (new or used).

r.

Waterfront hotel.

s.

Conditional uses not listed.

1.

Permission to apply for conditional uses not covered by the above list in the B-1 district may be granted by the Town Manager or designee only if the proposed conditional use is similar to a listed conditional use; otherwise, an amendment to this chapter is required.

2.

The Town Manager or designee shall consult with the Town Commission on any proposal to determine that a conditional use is similar to those listed, prior to authorizing the filing of an application to seek approval of that conditional use in the B-1 district.

3.

Whenever a use is approved as a similar use, the Town Manager shall report such finding in the written Town Manager report at a subsequent Town Commission meeting.

4.

Approval of a conditional use shall also be subject to the requirements for conditional use review as set forth in section 30-126 of the Town Code.

(b)

Height.

(1)

No building shall be erected to a height greater than two stories on lots less than 50 feet in width, nor greater than three stories on any other lots.

(2)

Lots which are adjacent may be combined and developed as one parcel, and may utilize the wider lot height restrictions if a joinder of the lots under a unity of title or covenant-in-lieu is provided in a form acceptable to the Town Attorney.

(c)

Lot coverage. Buildings not used for residential purposes shall occupy no more than 90 percent of the lot area.

(d)

Design.

(1)

Construction shall be limited to one building on lots 50 feet or less in width.

(2)

All buildings shall be of C.B.S. construction.

(3)

Except on waterfront properties, no parking spaces constructed after March 28, 2017 shall be located along the primary street frontage and to the maximum extent feasible without losing required parking, as determined by the DSD, existing parking along the primary street frontage shall be removed from the primary street frontage for any redevelopment.

(4)

Curbcuts providing access to parking areas shall be located on streets other than Commercial Boulevard, except where a property only has access from Commercial Boulevard, or it is determined based on a traffic study that access from Commercial Boulevard is necessary for safe and efficient vehicular and pedestrian circulation.

(5)

Each structure shall have its own sustaining walls; party walls are prohibited.

(6)

There shall be at least one front entrance and one rear entrance to buildings.

(7)

The first floor of a building extending from street to street on inside lots, shall have two front facades and entrances.

(8)

There must be a ground floor storefront facing the primary street. If the property is a corner lot, there must be a ground floor storefront facing both streets.

(9)

Building façades on the second or third stories shall be physically and visually diverse, incorporating features such as balconies, alternate or varied setbacks, eyebrows or other artistic and architectural features on at least 40 percent of the linear frontage per story above the first. The DSD shall review and approve compliance with this criteria through the architectural review process, and may decrease the 40 percent standard by ten percent if the DSD finds that such a change enhances the Mid-century Modern façade and remains consistent with the architectural design guidelines.

(10)

Building façades on the majority of the length of the first floor must incorporate architectural features such as eyebrows, awnings, canopies or other artistic and architectural features to create shade.

(e)

Minimum building size. No building shall be erected on any lot, that is not a waterfront lot, which does not comprise at least 1,200 ground floor square feet of floor space, exclusive of utility rooms, porches, garages and carports; and no building shall be erected on any waterfront lot, the main structure of which does not comprise at least 1,300 ground floor square feet of floor space, exclusive of utility rooms, porches, garages, and carports.

(f)

Setbacks.

(1)

Front setback. Buildings shall not be set back on the front except those erected on Ocean Drive (A1A) or Bougainvilla Drive which shall have the following setbacks:

a.

Ocean Drive (A1A), front setback of not less than 50 feet from the centerline of said thoroughfare; and

b.

Bougainvilla Drive, front setback of 25 feet from property line.

(2)

Side setback.

a.

Buildings erected on Blocks 5, 6, 13, and 14 siding on El Mar Drive shall have a side setback of eight feet from the respective property lines of said thoroughfare;

b.

Buildings erected on Blocks 13, 14, 20 and 21 siding on Ocean Drive (A1A) shall have a side setback of not less than 50 feet from the centerline of said thoroughfare; and

c.

Where windows are required or present along an interior side lot line, a setback of not less than five feet shall be provided;

d.

Otherwise, buildings require no side setback.

(3)

Rear setback:

a.

No building or any part thereof shall be erected on any lot closer than ten feet from the rear lot line.

b.

No building or any part thereof shall be erected on any lot closer than 30 feet from the rear lot line in the following designated areas:

1.

All of Block B except Lots 1, 2, 3, 12, 13, and 14 in Silver Shores Section of the Town of Lauderdale-By-The-Sea, Unit "A," according to the plat thereof, recorded in Plat Book 28, page 39, Public Records of Broward County, Florida. Lots 1, 2, 3, 12, 13, and 14 shall be required to comply with the rear setback described in subsection (3)(a) herein.

2.

All of Block E except Lots 1, 2, 3, 12, 13, and 14 of a subdivision of Track "D" of Silver Shores Section of the Town of Lauderdale-By-The-Sea, Unit "A," according to the plat thereof, recorded in Plat Book 29, page 21, Public Records of Broward County, Florida. Lots 1, 2, 3, 12, 13, and 14 shall be required to comply with the rear setback described in subsection (3)(a) herein.

3.

All of Blocks J and K except Lots 1, 2, 3, 12, 13, and 14 of Silver Shores Section of the Town of Lauderdale-By-The-Sea, Unit "B," according to the plat thereof, recorded in Plat Book 31, page 3, Public Records of Broward County, Florida. Lots 1, 2, 3, 12, 13, and 14 shall be required to comply with the rear setback described in subsection (3)(a) herein.

(4)

Roof cornice setbacks. Roof cornices, if ten feet or more above the sidewalk, may project over the public street, provided the roof cornices are set back a minimum of two feet from the curbline.

(5)

Double front yard setbacks. Double front yard setbacks shall not be required for buildings that extend from street to street on inside lots.

(g)

Lot subdivision. Subdivision of lots to a width less than 25 feet is prohibited.

(h)

Outside seating for restaurants, on private property other than a sidewalk, that is accessory to the primary restaurant use may be permitted subject to the following regulations:

(1)

Permit required. It shall be unlawful for any person to provide outside seating for a restaurant on private property within the Town without first obtaining a permit from the Town. The location of an outside seating area for a restaurant shall be approved by the Town Manager or designee.

(2)

Permit fee. The fee for a permit for outside seating for a restaurant shall be as established by resolution of the Town Commission, shall be non-refundable, and shall accompany the outdoor seating application.

(3)

Permit application. Application for a permit to provide outside seating for a restaurant shall be commenced by the filing of a complete application on a form provided by the Town with the Development Services Department. Such application shall include the following:

a.

Name, address and telephone number of the applicant.

b.

Name and address of business.

c.

A copy of a valid Town of Lauderdale-By-The-Sea business tax receipt to operate a restaurant adjacent to the outside seating area which is the subject of the application.

d.

An 8½ × 11 inch drawing or larger at a minimum scale of one inch equals 20 feet showing the following:

1.

The store front and all openings (doors, windows).

2.

The location and dimensions of the private property area being utilized for the outside seating area, including: structures located thereon; proposed location, dimension and number of tables, chairs, and umbrellas proposed within the outside seating area;

3.

Clear delineation of the boundary between private property and the public right-of-way;

4.

The location of tables and chairs complying with the Americans with Disabilities Act (ADA) standards.

e.

When the outside seating area is visible from a public right-of-way, the application shall also include:

1.

Photographs and/or manufacturer brochures fully describing the appearance of all proposed chairs, tables, umbrellas and other private features, including but not limited to lighting to be used in the proposed outside seating area.

2.

A trash management and maintenance plan for the outside seating area, which shall include a plan for pickup and disposal of any trash or food on or around the tables and chairs or sidewalk, and periodic pressure cleaning of the area used for outside seating area. This plan shall ensure that the outside seating area is maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day and at the close of each business day to ensure a healthy and safe environment.

f.

Written consent from the building owner for the proposed outside seating area.

g.

In the event the outside seating area is proposed in front of an adjacent owner's property, the applicant must provide written consent from the adjacent property owner for use of this area.

h.

Non-refundable application fee.

(4)

Permit Application Review. The Town Manager or designee shall review applications for compliance with the standards and requirements set forth in this article as well as any other applicable Town Code provisions.

a.

No application shall be accepted until it is deemed complete.

b.

The Town Manager or designee shall review the submitted application within 20 business days and either accept the application if it is complete or, if incomplete, reject the application with a written notice of incompleteness, specifying the data missing from the application.

c.

If an application is rejected, the applicant may resubmit the application with the additional information required. Upon each resubmittal, the Town Manager or designee shall have ten business days to review the resubmitted application and either accept the application as complete or provide written notice of any corrections, revisions or deficiencies. This process shall continue until the applicant has submitted a complete application or demands that the application be reviewed as is, without further revisions.

d.

If an applicant fails to provide the additional information as requested by the Town Manager or designee within 60 days of the request for additional information, the Town Manager or designee may deem the application to be withdrawn by the applicant and the application considered null and void. Upon request, the applicant shall be entitled to one 60-day extension, provided the extension request is granted prior to the expiration of the above referenced 60-day time period.

e.

For any application in which the outdoor seating area is not located directly in front the associated restaurant, the Town will send a courtesy notice to those businesses directly abutting the proposed outdoor seating. Any affected person may provide written comments to the Town Manager or designee within ten days of the date of the mailed notice, for the consideration of the Town Manager or designee. Failure to mail or receive such courtesy notice shall not affect actions taken under this article.

f.

Prior to issuance of an outdoor seating permit or annual renewal, the Town Clerk shall certify that there are no outstanding fines, fees, taxes or other charges owed to the Town by the current or past owners or operators of the property requesting an outdoor seating permit. An outdoor seating permit may not be issued until all outstanding fees and/or fines owed to the Town are paid in full.

g.

The Town Manager or designee shall approve, approve with conditions, or deny an application based on the requirements of this article and compliance with the Town Code. Approval shall be in the form of an outdoor seating permit and as provided for in this article. A denial of an outdoor seating application shall be made in writing and shall provide the reasons for such denial. The applicant or an affected property owner whose property directly abuts the property, which is the subject matter of the application, may appeal the Town Manager or designee's decision on the outdoor seating permit application to the Town Commission.

(5)

Location requirements. The location of an outside seating area for a restaurant shall be subject to the following locational regulations:

a.

An outside seating area shall only be permitted on private property that is adjacent to a licensed restaurant business to which the permit is issued.

b.

Tables and chairs shall not be permitted within a ten-foot proximity of bus stops, taxi stands, fire hydrants, a pedestrian crosswalk, driveway or handicap ramp.

c.

The Town Manager or designee may permit an exception to the distance requirement of subsection b. above from ten feet to five feet where established pedestrian and tram paths shall not be obstructed and where public safety shall not be adversely affected.

d.

Markers approved by the Town Manager or designee shall be embedded into the property to distinguish the approved boundaries of the outside seating area. This requirement may be waived by the Town Manager or designee if the proposed outside seating area is not on or adjacent to any private or public sidewalk, parking or other pedestrian area or the area is otherwise clearly delineated.

(6)

Additional regulations for outside seating for a restaurant.

a.

The outside seating area shall be accessory to and under the same ownership or control as the primary restaurant, which is operated within a permanently enclosed building located on the same or adjacent parcel. The outdoor seating permit shall be personal to the permittee only and shall not be transferrable. The outdoor seating permit issued shall be specific to the location and is not transferrable to another location.

b.

Live and/or amplified music shall be prohibited within the confines of the outdoor seating area. Speakers emitting music from inside the restaurant or food store serving the outdoor seating area shall be placed and directed in such a manner that the music's amplification is directed internally into the restaurant or food store.

c.

Food preparation shall only occur in the fully enclosed area of the licensed primary restaurant.

d.

Hours of operation shall not exceed the hours of operation established for the principal licensed restaurant.

e.

All fabrics shall be fire-retardant, pressure-treated or manufactured of fire resistive material.

f.

No objects shall be permitted around the perimeter of the outside seating area that is occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the use of a sidewalk by the general public.

g.

Additionally, when the outside seating area is visible from a public right-of-way:

1.

No tables, chairs, or any other part of an outside seating area shall be permanently attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area.

2.

Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the outside seating area shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment.

3.

Design, materials and colors shall be approved by the Town Manager or designee prior to the issuance of the permit to allow the outside seating.

h.

Shade structures.

1.

Umbrellas. Shall be no larger than eight and one-half feet in diameter and shall maintain a minimum vertical clearance from the sidewalk of not less than eight feet in height.

2.

Tents, canopies and pergolas or other similar structures are prohibited.

i.

Outdoor seating. The maximum seating capacity shall be limited to one seat per ten square feet of outdoor seating area for chairs and one barstool seat per 24 inches of the linear outside bar area.

j.

Greeting podiums and service stations.

1.

All furniture and fixtures, including any greeting podium and/or service station, shall remain within the confines of the designated outdoor seating area, located as close to the building as feasibly possible and shall not impede the public right-of-way.

(7)

Prior to issuance of a permit for outside seating, the Town Clerk shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the Town by the current or past owners or operators of the property requesting a permit for outside seating. A permit to allow outside seating will not be issued until all outstanding debts to the Town are paid in full.

(8)

Any primary restaurant which obtains a permit to have outside seating as an accessory use to the primary restaurant, pursuant to this section may redesign the face of their establishment to allow for doors or panels that permit the establishment to have open sides allowing for an indoor/outside restaurant design. Any proposed alterations, modifications or changes to the building shall require the issuance of a building permit, compliance with the Town Code and payment in full of all applicable fees.

(i)

Specific conditional use requirements.

(1)

Convenience store criteria. A convenience store may be permitted within the B-1 zoning district only on property that is located west of State Road A1A and subject to the following regulations:

a.

A convenience store shall have frontage on Commercial Boulevard;

b.

A convenience store may not be located within 500 feet of any other convenience store, as measured by airline measurement from the main entrance to the main entrance of each place of business; and

c.

A convenience store shall also be subject to the requirements of F.S. § 812.1701 as may be amended.

(2)

Marina uses. The Town may approve a conditional use for a marina, subject to all of the following requirements:

a.

Application. In addition to the standard site plan (if applicable), and conditional use application requirements, an application for a marina shall provide:

1.

A scaled drawing, or set of scaled drawings, containing the following information:

i.

The dimensions of the proposed standard mooring area, marina mooring area, if applicable, and the navigational channel;

ii.

Any existing or proposed boat slips and all structures in the proposed mooring area(s) and in the waterway within 100 feet of the proposed mooring areas;

iii.

Upland buildings;

iv.

Parking areas;

v.

A table that details the uses on the upland property, the required number of parking spaces for those uses and the number of spaces available for the marina; and

vi.

Any other information staff deems necessary to evaluate the conditional use application.

2.

The name, address, email address and phone numbers of the designated marina agent.

3.

A clean marina best practices plan (the "plan") for approval as part of the conditional use approval. The plan shall be based on the Florida Clean Marina Program's best management practices that are applicable for a marina of its type and services provided and will include a timeline for the implementation of each best practice.

b.

Approval. Any Town Commission approval of a conditional use shall specifically identify the following:

1.

The dimensions of the marina mooring area and standard mooring area, as applicable, and the navigational channel in the waterway within 100 feet of the proposed marina mooring area.

2.

The area(s) designated for mooring or docking watercraft.

3.

The maximum number of watercraft to be moored or docked.

c.

Conditions of approvals. In addition to any other conditions imposed by the Town Commission, the following requirements shall be included as conditions of the development order:

1.

The applicant shall provide a scaled drawing of the affected waterway that shows the approved marina mooring area, if applicable, the navigational channel and the standard mooring areas as approved by the Commission, which shall be an exhibit to the development order.

2.

The property owner shall keep the name, address, email address and phone numbers of the designated marina agent on file and current with the Town at all times. Such agent shall have the following duties:

i.

Be available by phone 24 hours a day, seven days a week;

ii.

Be able and willing to physically appear at the marina within three hours following notification from the Town of issues related to the marina use;

iii.

Receive service of any notice of violation of the conditional use approval or the Code; and

iv.

Monitor the marina at least weekly to assure continued compliance with the requirements of this section and the development approval.

3.

The marina shall maintain compliance with the clean marina best practices plan as approved by the Town Commission as part of the conditional use approval. The plan may be reviewed annually by the Town Commission and modifications may be required to ensure continued operation is consistent with current Florida Clean Marina best practices. Failure to adhere to the plan will be considered to be a material default of a conditional use permit.

4.

If the marina is or becomes eligible for certification as a Florida Clean Marina, then the marina shall be certified as a Florida Clean Marina by the Florida Department of Environmental Protection within nine months after either the conditional use approval date or the date of eligibility for certification and shall maintain such certification thereafter.

(3)

Mixed use requirements. The following provisions govern applications for approval of "mixed use" development as a conditional use in the B-1 district.

a.

Purpose. The purpose of encouraging mixed use development is to:

1.

Accommodate mixed use buildings with neighborhood-serving retail, service, and other commercial uses on the ground floor, and residential units above the non-residential space;

2.

Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and

3.

Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

b.

Mixed use development on commercially designated parcels. The Town may approve a conditional use for mixed use development on B-1 zoned property when the property has a commercial land use designation in the Broward County Land Use Plan, if all of the following requirements are met:

1.

Flexibility units are available, in accordance with section 30-100, Flexibility rules, of the Town Code;

2.

The number of units and floor area limitations of this section are satisfied for the residential uses; and

3.

The property is located within 250 feet of Commercial Boulevard measured by airline measurement from the Commercial Boulevard right-of-way line. If any portion of a property lies within the 250-foot measurement, the whole property shall be eligible for mixed use development.

c.

Limitations on residential uses.

1.

Maximum number of units. No mixed use development may be assigned more than ten percent of the flexibility units in its flexibility zone. If ten percent of the units is not a whole number, it shall be rounded up to the next whole number.

2.

Limitations on location of uses.

i.

Non-residential use or space is prohibited on or above any floor which contains any residential use or space.

ii.

Residential use or space is prohibited on the ground floor.

3.

Floor area and lot coverage.

i.

The residential floor area of the mixed use development shall not exceed 50 percent of the gross floor area of the building.

ii.

No building which includes residential uses shall occupy an area greater than 70 percent of the entire lot.

iii.

The required lot area per apartment or kitchen unit shall be not less than 800 square feet. The required floor area per apartment of kitchen unit shall not be less than 250 square feet minimum.

iv.

The required floor area for a hotel room shall not be less than 200 square feet.

4.

Affidavit of understanding. Residential uses located east of A1A must include an affidavit of understanding, in a form acceptable to the Town Attorney regarding special event activity, street closures and noise ordinance waivers that periodically takes place downtown.

5.

Lease notice requirement. Residential uses east of State Road A1A must include the following notice to all tenants in all leases and contracts:

This unit is located in the core of downtown Lauderdale-By-The-Sea. Special event activities periodically take place in this area on the streets directly below this unit. On any given occasion, street closures may take place and the noise ordinance may be waived. Such circumstances and inconveniences are accepted as part of this agreement.

6.

Rental restrictions. Dwelling units that are used for rental purposes shall be limited as follows:

i.

On properties with less than four dwelling units, short term rentals are permitted as an accessory use if a rental certificate is first obtained pursuant to section 30-327; or

ii.

On properties located west of Seagrape Drive with more than four dwelling units, a minimum residency of 120 consecutive days is required.

d.

Parking requirements.

1.

The total number of required off-street parking spaces for a mixed use development shall be equal to the sum of the required parking for each use as if provided separately.

2.

A minimum of one parking space per residential unit must be provided on-site.

3.

For a unit that combines both residential and non-residential uses, the total required parking will be equal to the parking required for the non-residential use only. See sections 30-314 through 30-324 regarding off-street parking.

e.

Landscaping and open space requirements. Mixed use developments shall be required to meet the vehicular use area requirements as provided in article VII, Landscape Code, of chapter 30, Unified Land Development Regulations, for non-residential uses.

(4)

Paid private parking may be approved as a conditional use subject to the following:

a.

During business operational hours, only non-required parking spaces may be used as paid private parking.

b.

After business hours, required parking may also be used for paid private parking.

c.

The price for parking shall be displayed at all times paid private parking is available in the manner approved by the Town Manager.

(5)

Call center requirements. The following provisions govern applications for approval of call centers as a conditional use in the B-1 district.

a.

The applicant for a call center conditional use shall provide to the Town an operational plan containing information needed to assess the potential impact on parking and traffic, including the number of employees, a shift schedule including the maximum number of employees arriving from and leaving the call center during the shift change and any steps that may be proposed for mitigating parking and/or traffic impacts. Examples of mitigation measures include shifts schedules to avoid arriving and leaving at peak traffic hours, and providing incentives for employees using public transportation or ridesharing arrangements.

b.

If determined by the DSD to be necessary, submittal of a traffic impact statement and/or parking study may be required to ensure that adequate parking will be available. If such traffic statement or parking study is required, the applicant shall be responsible for any costs incurred by the Town in reviewing such statement or study.

(6)

Waterfront hotel criteria. A waterfront hotel may be permitted within the B-1 zoning district only on properties containing frontage located on or adjacent to intra-coastal, canal or ocean water bodies and subject to the following regulations:

a.

A waterfront hotel may provide the following permitted accessory uses for guests and residents: restaurants, gift shops, retail stores, personal service shops, parking and convention facilities. Such uses shall be located within the principal building(s) although outside seating may be provided in conjunction with a restaurant, as specified in subsection 30-271(h). A minimum of 30 percent of the total building square footage shall be dedicated to permitted accessory retail commercial uses located on the ground floor within the principal building(s) and shall contain ground floor storefront facing the primary street. If the property is a corner lot, there must be a ground floor storefront facing both streets.

b.

Bicycle parking when accessory to a hotel use, shall be permitted in lieu of providing required off-street parking, as specified in section 30-318.

c.

A waterfront hotel, including all permitted accessory uses, shall provide a minimum 60 percent of the required parking to be located on-site. The remainder of required on-site parking may be satisfied by utilizing the Town PILOP program, as specified in section 30-321. The use of Town property for overflow valet parking may only be permitted pursuant to a license agreement approved by the Town.

d.

Waterfront hotel rooms shall be a minimum of 200 square feet in gross floor area exclusive of bathrooms, toilets, closets or similar appurtenances.

e.

A waterfront hotel rooftop may only be used for passive recreation as specified in subsection 30-313(y).

f.

Notwithstanding the minimum side and rear setback requirements established pursuant to subsection 30-271(f) for properties within the B-1 zoning district, the minimum side and rear setback requirements for properties developed with waterfront hotel uses shall be the same as those zoning district setback requirements established for neighboring properties which share a common lot line with another lot or parcel of land.

(j)

Massage therapists—Supplemental regulations.

(1)

Massage therapist certificate required. No establishment shall offer or provide massage services without obtaining a massage therapist certificate issued pursuant to this subsection (j), and maintaining such certificate. All persons providing massage services at the establishment shall be duly licensed under F.S. § 480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. § 480.033, or possess another valid health care practitioner license duly issued by the Florida Department of Health pursuant to F.S. ch. 456.

a.

Application for businesses. All establishments providing massage services as defined within this Code shall apply for a massage therapist certificate from the Town. Any establishment applying for a massage therapist certificate shall include the following information on a form provided by the Town:

1.

Proof of valid Florida Board of Massage Therapy license issued to the establishment in accordance with F.S. § 480.043 et seq.; and

2.

Proof of valid Florida Board of Massage Therapy or other state health care practitioner license for all personnel providing massage services at the establishment, in accordance with F.S. § 480.041 et seq. or F.S. ch. 456; or proof of Florida Board of Massage apprenticeship approval as defined in F.S. § 480.033, if applicable; and

3.

Proof of valid Florida driver's license or other government-issued identification for every person and massage therapist working at the establishment.

b.

Term of massage therapist certificate for businesses. Once issued, a massage therapist certificate shall remain valid for a period of one year, or until there is a change of the use, ownership, name, location of the establishment from that specified on the approved certificate, or until such time that the Town-issued business tax receipt (BTR) expires.

1.

The operator of any massage establishment that holds a certificate shall submit an application to renew the certificate within 30 days prior to the expiration date of the current certificate in order to continue operating.

2.

When there is a change of the use, ownership, business name, or establishment name, or establishment location from that specified on the approved certificate, a new certificate shall be required.

c.

Requirement to supply updated information. In the first week of each quarter during the term of a massage therapist certificate, each establishment holding a certificate shall supply the Town with the following information on a form and in the manner prescribed by the Town:

1.

Revocation, expiration, or change to the status of the state licenses described in subsection a. above; and

2.

Updated state driver's license or other government-issued identification information for all personnel providing massage services at the establishment, including new staff members.

3.

Proof of valid licensure of any new employees within seven days of employment, regardless of monthly report due date.

d.

Display of certificate. Establishments shall display the valid certificate in a place easily visible to any person entering the establishment and shall maintain proof of valid licenses and identification of each staff member on the premises of the establishment at all times during operation.

e.

Revocation.

1.

Grounds for revocation. The following shall be nonexclusive grounds for revocation of a massage therapist certificate:

i.

Noncompliance with any provision of this subsection (j); or

ii.

Noncompliance with F.S. ch. 480; or

iii.

The Town's determination that issuance of a certificate was granted based upon false information, misrepresentation of fact, or mistake of fact by the representative of the establishment holding the certificate, or his or her agent; or

iv.

Failure to remain "in good standing" as defined herein.

2.

Revocation procedure. In the event the Town determines there are grounds for revocation, the Town shall schedule a hearing before the Town Manager and notify the certificate holder in writing and the grounds upon which such action is proposed, no less than seven days prior to the date of the hearing. In the event of an emergency the hearing may be held no less than 24 hours after notice to the certificate holder. Notice shall be deemed given when a notice has been properly addressed to the address as provided by the certificate holder on the certificate application, stamped and deposited in a U.S. Postal depository or collected by an employee of the U.S. Postal Service. Emergency notice shall be attempted by all available avenues including hand delivery. Proof shall be by clear and convincing evidence.

The Town Manager may:

i.

Find no violation;

ii.

Temporarily suspend the certificate for a time period as determined appropriate by the Town Manager;

iii.

Revoke the certificate for the remainder of its term.

iv.

Depending on the facts and circumstances, the Town Manager may suspend or revoke a license immediately subject to appeal as provided herein. Such appeal shall not stay the revocation or other action of the Town Manager.

A finding of violation twice within a one-year period shall require revocation of the license for the remainder of its term. Nothing in this subsection (j) shall take away other enforcement powers of the Town, Special Magistrate or any other agency provided by the Code or statute.

f.

Exemptions. Massage services in state-licensed hospitals and hospices, or those massages provided by a massage therapist acting under the direction of a licensed medical provider or practitioner, shall be exempt from the massage therapist certificate requirements of this subsection (j).

(2)

Penalties. Violations of this subsection (j) shall be punishable in a manner to be prescribed by the Town and may result in the revocation or suspension of a massage therapist certificate, the imposition of fines, or any other penalty applicable pursuant to any other law.

(3)

"In good standing" defined. For purposes of this subsection (j), the term "in good standing" means:

a.

That the applicant's state license is current;

b.

That the applicant's state license will not expire during the fiscal year for which the massage therapy services certificate is issued (or if such the case, that a renewal for the state license has been filed);

c.

That there are no pending Department of Health Administrative complaints against the applicant which seek permanent revocation or suspension of the applicant's state license;

d.

That there are no pending Department of Health Administration complaints against the applicant's state license seeking a restriction of practice or placement on probation (the Town may disregard this evidence if it receives a resolution from the Board of Massage Therapy, or a letter from the Executive Director of the Department of Health indicating that the remedy sought will not preclude the applicant from pursuing the massage therapy services certificate); and

e.

That the applicant is not being prosecuted, and does not have criminal charges pending at the state or federal prosecutor, at the time the Town must approve or deny the application for the massage therapist certificate.

(k)

Pet stores, supplemental regulations.

(1)

Definitions.

Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations, and which does not obtain animals from a breeder or broker for payment or compensation.

Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue, sheltering and placement of animals in permanent homes or whose primary purpose is the prevention of cruelty to animals. This term does not include an entity that breeds or brokers animals or obtains animals from breeders or brokers for payment or compensation.

Certificate of source means a document from the source and declaring the source of origin of a dog or cat showcased on the premises. A certificate of source shall include at a minimum: (i) a brief description of the dog or cat, the name, address, telephone number, and e-mail address of the source of the dog or cat; and (ii) the pet store's certification of the accuracy of the certificate.

Pet store means a retail establishment where dogs or cats are sold, exchanged, bartered, offered for sale or adoption, advertised for sale, auctioned, given away or otherwise disposed of as pet animals to the general public at retail, including by appointment. Such definition shall not include an animal care facility or animal rescue organization, as defined herein.

Showcase means that an animal care facility or animal rescue organization temporarily displays to the public an adoptable dog or cat at a pet store, in order to facilitate the adoption of the dog or cat from that organization or facility. Dogs or cats may only be showcased during the hours of operation of the pet store, and shall be returned to the organization or facility during the hours that the pet store is closed.

(2)

Prohibition. It is prohibited and unlawful for a pet store to offer, deliver, offer for sale, barter, auction, rent, lease, give away, or otherwise transfer or dispose of a dog or cat in the Town.

(3)

Exception. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs or cats, provided the pet store shall not have any ownership interest in the dogs or cats offered for adoption and shall not receive a fee for providing space for the adoption of any of these dogs or cats.

(4)

Certificate of source. A pet store shall post and maintain in a conspicuous place, on or within three feet of each dog's or cat's kennel, cage or enclosure, a certificate of source for each dog or cat being showcased at a pet store. Falsification of a certificate of source by a pet store, pet store operator, or any other person is hereby declared unlawful.

(5)

Record-keeping. Pet stores shall maintain records, stating the name, address, telephone number and emails of the animal care facility or animal rescue organization that showcase from which each dog or cat was acquired for one year following the date of acquisition and maintaining a copy of the previous year. These records are subject to inspection by a Town official charged with enforcing these provisions upon request.

(6)

Applicability to existing pet stores. Any pet store operating in conformance with a Town conditional use approval issued prior to the adoption of this section may continue to operate in accordance with that approval and with all applicable laws. If the pet store ceases operation for more than 60 days or if the conditional use is revoked by the Town or otherwise invalidated, then the pet store shall thereafter conform to the requirements of this section.

(7)

Penalty. Any person who violates this section is subject to enforcement pursuant to Section 1-12 of this Code.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 348, § 2, 6-14-94; Ord. No. 363, § 2, 3-28-95; Ord. No. 2004-08, § 2, 6-22-04; Ord. No. 2004-12, § 8-10-04; Ord. No. 2005-15, § 2, 11-22-05; Ord. No. 2007-11, § 2, 9-25-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-10, § 6, 7-28-09; Ord. No. 2009-36, § 3, 2-23-2010; Ord. No. 2010-15, § 3, 11-9-2010; Ord. No. 2011-09, § 3, 5-24-2011; Ord. No. 2012-01, § 4, 3-27-2012; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2015-17, § 4, 5-24-2016; Ord. No. 2017-03, § 3, 3-28-2017; Ord. No. 2017-07, § 2, 6-13-2017; Ord. No. 2019-07, § 2, 9-12-2019; Ord. No. 2020-01, § 2, 2-11-2020; Ord. No. 2020-09, § 2, 11-10-2020; Ord. No. 2021-10, § 2, 1-11-2022)

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, renumbered former § 30-272 as subsection 30-271(j). The former § 30-272 derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-01, § 2, 3-8-2011; Ord. No. 2011-02, § 2, 3-22-2011.

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, renumbered former § 30-273 as subsection 30-271(k). The former § 30-273 derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

Editor's note— Ord. No. 2012-15, § 3, adopted Oct. 9, 2012, repealed § 30-281, which pertained to development plans to be approved, and derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07.

The Community Facilities district is intended to provide for suitable locations for development serving public needs, including government purposes, religious facilities, educational facilities and other public purpose facilities which generally benefit the community, consistent with the Town's Comprehensive Plan.

(a) Uses permitted. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses:

(1)

Government administration buildings;

(2)

Police and fire stations;

(3)

Churches, schools, libraries and civic centers;

(4)

Recreation and open space facilities.

(b) Size of plot. Every plot shall be not less than 100 feet in width, and 10,000 square feet in area.

(c) Height. No building or structure or part thereof shall be erected or altered to a height exceeding two stories on single 25-foot lots nor greater than three stories on 50-foot lots.

(d) Front yard. No building or any part thereof shall be erected on any lot closer than 25 feet to the front lot line.

(e) Side yard. No building or any part thereof shall be erected on any lot closer than 20 feet to either side lot line.

(f) Rear yard. No building or any part thereof shall be erected on any lot closer than 25 feet from the rear lot line.

(g) Site plan approval:

(1)

No building or structure or part thereof shall be erected, altered or used, or land or water used, except in accordance with the site plan which has been approved by the Town Commission for the location, spacing, arrangement, size, height and character of building structure and uses, streets, alleys, open spaces, yards, parking, recreational facilities, walls, fences, driveways, signs, access and circulation.

(2)

No approval shall be given by the Town Commission unless it finds that the proposed plan and the development thereunder will conform to all of the applicable provisions of this subdivision and will provide light, air, privacy, open space, safety, health and protection to surrounding property in accordance with the spirit and purpose of this subdivision.

(h) Parking area. Open parking located in this district for the parking of automobiles incidental to business and approved by the Town Commission after the provisions of this subdivision have been met shall be designed, maintained and used in accordance with the following minimum requirements:

(1)

Parking areas shall be used only for the parking of private passenger vehicles, in good running order, or for customers, clients, patrons, visitors or employees. No charge shall be made for parking. No business of any kind including repair service, washing, sale, display or storage shall be conducted on or from the plot.

(2)

No advertising signs shall be erected on the premises except that one directional sign at each point of ingress and egress may be erected which may also bear the name of the operator of the parking area and the enterprise it is intended to serve. Such signs shall not exceed 20 square feet in area, and not extend to a greater height than six feet above the ground, and shall be erected within the parking area.

(i) Surfacing. The parking area shall be provided with a pavement having an asphaltic or portland cement binder and shall be so graded and drained as to dispose of all surface water accumulated within the parking area.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2012-15, § 3, 10-9-2012)

The areas to be regulated by the provisions of this division include parcels of land which are designated in a P (recreation and open space) land use category on the Town land use plan.

(a)

Uses permitted. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses:

(1)

Active and passive outdoor recreation;

(2)

Recreation, civic or cultural buildings which are ancillary to the primary recreation use;

(3)

Concessions only when accessory to the above uses, such as refreshment stands, souvenir shops and rental facilities.

(b)

Size of plot. There is no minimum lot size for this district.

(c)

Height. No building or structure or part thereof shall be erected or altered to a height exceeding two stories on single 25-foot lots nor greater than three stories on 50-foot lots.

(d)

Front yard. No building or any part thereof shall be erected on any lot closer than 25 feet to the front lot line.

(e)

Side yard. No building or any part thereof shall be erected on any lot closer than 20 feet to either side lot line.

(f)

Rear yard.No building or any part thereof shall be erected on any lot closer than 25 feet from the rear lot line.

(g)

Site plan approval:

(1)

No building or structure or part thereof shall be erected, altered or used, or land or water used, except in accordance with the site plan which has been approved by the Town Commission for the location, spacing, arrangement, size, height and character or building structure and uses, streets, alleys, open space, yards, parking, recreational facilities, walls, fences, driveways, signs, access and circulation.

(2)

No approval shall be given by the Town Commission unless it finds that the proposed plan and the development thereunder will conform to all of the applicable provisions of this subdivision and will provide light, air, privacy, open spaces, safety, health and protection to surrounding property in accordance with the spirit and purpose of this subdivision.

(h)

Parking area. Open parking located in this district for the parking of automobiles incidental to business and approved by the Town Commission after the provisions of this subdivision have been met shall be designed, maintained and used in accordance with the following minimum requirements:

(1)

Parking areas shall be used only for the parking of private passenger vehicles, in good running order, or for customers, clients, patrons, visitors or employees. No business of any kind including repair service, washing, sale, display or storage shall be conducted on or from the plot.

(2)

No advertising signs shall be erected on the premises except that one directional sign at each point of ingress and egress may be erected which may also bear the name of the operator of the parking area and the enterprise it is intended to serve. Such signs shall not exceed 20 square feet in area, and not extend to a greater height than six feet above the ground, and shall be erected within the parking area.

(i)

Surfacing. The parking area shall be provided with a pavement having an asphaltic or portland cement binder and shall be so graded and drained as to dispose of all surface water accumulated within the parking area.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

(a)

Intent.

(1)

The intent of this section is to permit construction in and upon the waterways of docks, finger piers, boat lifts, dolphin piles, and other related structures which do not interfere with navigation, endanger life or property, or delay the public reasonable viable access to public waterways.

(2)

Structures not similar in nature to those listed herein are prohibited.

(3)

The requirements contained in this section shall apply and control the development on the waterways Town-wide.

(4)

Marinas shall comply with this section.

(b)

Permit required.

(1)

It shall be unlawful for any person to construct or erect docks, piers, or dolphin piles, or any type of boat lifting or mooring device or any other structure on or in waterways without first obtaining:

a.

Any required Broward County permits and/or approvals, and subsequently, a building permit from the Town; and

b.

The necessary approvals and/or permits from the United States Army Corps of Engineers, or other governmental agencies as applicable to certain navigable waterways.

(c)

Structures in waterways 100 feet or less in width.

(1)

In a waterway that is 100 feet or less in width, finger piers, docks, boat lifts, or dolphin piles may be constructed or erected in a standard or marina mooring area under the following conditions providing the navigation channel is not encroached upon:

a.

Docks may be constructed or erected to extend into any waterway a distance of ten percent of the width of the waterway or distance of eight feet, whichever is less, as measured from the recorded property line.

b.

Finger piers. Finger piers may be constructed or erected to extend into a standard mooring area or a marina mooring area established under subsection (f) of this section subject to the requirements below:

c.

Boat lifts.

1.

Boat lifts may be constructed or erected to extend into any waterway in a fully raised position, a distance not to exceed 25 percent of the width of the waterway, as measured from the recorded property line.

2.

A vertical guide pole with reflective identification marking shall be permanently mounted to the outer end of the lift and shall extend a minimum of six feet above the surface of the water at all times.

d.

Dolphin piles.

1.

Dolphin piles may be erected to extend into any waterway at a distance not to exceed 25 percent of the width of the waterway, as measured from the recorded property line.

2.

Dolphin piles shall have a six-inch wide reflective band placed two feet below the top of the piling.

3.

The minimum spacing between dolphin piles shall be ten feet.

(2)

Setbacks.

a.

No docks, finger piers, boat lifts or, dolphin piles may be erected in the waterway, within five feet of an extended side property line.

b.

Reserved.

(3)

Docks and finger piers shall not be constructed or erected where the elevation of the deck exceeds the elevation of the top of the abutting seawall.

(4)

Common docking area. In addition to the provisions contained in subsections (1) through (3) above, if two or more lots share a common docking area, the following conditions must be met prior to any permit being issued pursuant to this section:

a.

The affected property owners shall enter into an agreement with the Town which shall state the property owners have reviewed and approved the proposed plans as they relate to the placement of any structure in the common docking area as well as the proposed docking of any boat or watercraft.

b.

The agreement shall be approved by the Town and thereafter recorded by the property owners along with a copy of the approved plans in the public records of Broward County, Florida, and shall be considered to be a restriction running with the land and shall bind the heirs, successors and assigns of the property owners.

(5)

Where a court of competent jurisdiction has adjudicated the docking rights of the adjoining property owners, the provisions of subsections (1) through (4) above shall not apply, to the extent they are superseded by the court's ruling, if proof of such adjudication is submitted with the building permit application.

(6)

Any structure erected in any waterway shall be kept in good repair by the owner thereof and shall be subject to removal by the Town in the event that they are unsafe or create a hazard to navigation as determined by the Town, the cost thereof to be assessed against the owner. Opportunity for notice and a hearing shall be afforded to the owner prior to such removal by the Town.

(7)

Boathouses and boat canals dug or excavated into any of the platted waterfront lots are prohibited.

(d)

Structures in waterways over 100 feet in width (intracoastal waterway).

(1)

In a waterway that is more than 100 feet in width, docks, boat lifts, or dolphin piles may be constructed or erected in a standard or marina mooring area under the following conditions, providing the navigation channel is not encroached upon:

a.

For only those commercial properties on the intracoastal waterway and abutting a residential property, no docks, finger piers, boat lifts, or dolphin piles may be erected in the waterway within ten feet of an extended side property line that is adjacent to a residential use.

b.

Docks may be constructed or erected to extend into the waterway a maximum distance of 15 feet, as measured from the recorded property line.

c.

Finger piers may be constructed or erected a distance of ten percent of the width of the waterway or a distance of 20 feet, whichever is less, as measured from the recorded property line, no wider than necessary to meet ADA access requirements, and separated by not less than 25 feet.

d.

Boat lifts.

1.

Boat lifts may be constructed or erected to extend into any waterway in a fully raised position, a distance equal to 20 percent of the width of the waterway or a distance of 20 feet, whichever is less, as measured from the recorded property line.

2.

A vertical guide pole with reflective identification marking shall be permanently mounted to the outer end of the lift and shall extend a minimum of six feet above the surface of the water at all times.

e.

Dolphin piles.

1.

Dolphin piles may be erected to extend into any waterway no further than the navigation channel boundary line as measured from the recorded property line.

2.

Dolphin piles shall have a six-inch wide reflective band placed two feet below the top of the piling.

3.

Dolphin piles shall be a minimum of ten feet apart.

(e)

Docking and mooring of watercraft.

(1)

No watercraft shall be docked or moored:

a.

Except at an approved dock, finger pier, or dolphin pile within a standard mooring area or a marina mooring area designated pursuant to a conditional use approval;

b.

Such that it extends beyond the standard mooring area or if applicable, the marina mooring area;

c.

Such that it extends within five feet of an extended side property line; or

d.

Such that it extends into the navigational channel.

(2)

The DSD shall have the right and authority to regulate the size or number of watercraft moored at a specific property when necessary to protect public safety.

(f)

Designation of a marina mooring area. A marina, or any applicant for a marina, located in the B-1 zoning district may request approval of a designated marina mooring area as part of a conditional use application or conditional use amendment for the marina. Such designation shall be subject to all the requirements of section 30-271.

(Ord. No. 316, § 1, 1-9-1990; Ord. No. 415, § 2, 2-23-1999; Ord. No. 2007-14, § 2(Exh. A), 9-25-2007; Ord. No. 2015-17, § 5, 5-24-2016; Ord. No. 2022-02, § 3, 6-14-2022; Ord. No. 2023-07, § 2, 1-23-2024)

All improved property, whether new construction or renovation or repair of present property, must provide adequate drainage facilities and drainage fields and all well and drainage locations must be accurately shown on plot plan and must be approved by the Town Building Inspection and Health Departments. All wells installed in the inclusive subdivision known as Silver Shores as well as the inclusive subdivision known as Beverly Shores shall be located as near the front lot line as may be practicable, and all drainage installations shall be located as near the rear lot line as may be practicable.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

(a)

Drainage facilities.

(b)

Use of buildings.

(c)

Moving of buildings.

(d)

Fences, walls and hedges.

(e)

Regulations applicable to El Mar Drive.

(f)

Use, public areas.

(g)

Aesthetic design.

(h)

Standards for driveways and swales.

(i)

Capacity restrictions.

(j)

Queuing of vehicles.

(k)

Paving drainfield areas.

(l)

Satellite television antennas and dishes.

(m)

Lighting.

(n)

Control of lighting for protection of sea turtle nesting areas.

(o)

Elevation of filled land.

(p)

Swimming pools, pool decks, patios, hot tubs and spas; [setbacks and enclosure required].

(q)

Decks.

(r)

Other mechanical and plumbing equipment [setback requirements].

(s)

Accessory buildings and structures.

(t)

Generator [and fuel storage tank] regulations.

(u)

Window screening for vacant storefronts.

(v)

Rooftop photovoltaic solar systems.

(w)

Groins, seawalls and breakwaters.

(x)

Rooftop passive recreation.

These general provisions shall govern development within the corporate limits of the Town, as follows:

(a)

Drainage facilities. All improved property, whether new construction or renovation or repair of present property, must provide adequate drainage facilities and drainage fields and all well and drainage locations must be shown on a site plan in accordance with all applicable regulations.

(b)

Use of buildings. No building or structure shall be erected on any lot for any purpose or use other than as applicable in said district. Non-use variances may be granted pursuant to section 30-127, Variance Procedures and Requirements of the Town Code.

(c)

Moving of buildings. A conditional use permit is required for structures being moved into the corporate limits of the Town or for structures being relocated from one location within the Town to another location within the Town.

(d)

Fences, walls and hedges.

(1)

Height, design, and location of fences, walls, hedges.

a.

Height. The maximum height of any fence or wall shall be six feet, except where the fence or wall abuts property with business zoning, in which case the maximum height is eight feet. The height of fences, walls, hedges or plantings of whatever composition shall be measured from the natural contour of the ground on adjoining lots.

b.

Construction. All fences and walls shall comply with the Florida Building Code.

c.

Cement or concrete walls:

1.

Cement or concrete walls are permitted in all zoning districts, and must comply with the standards outlined in subsection 2., below.

2.

Except when a new wall directly abuts an existing wall or fence preventing compliance with this requirement, walls shall be finished on both sides with materials satisfying industry standards, such as painted stucco, prefinished block, or other prefinished materials, shall be compatible with proposed or existing buildings, and shall meet the following design guidelines:

i.

Cement or concrete walls in the RS-4, RS-5 and RD-10 zoning districts which exceed four feet in height must provide a minimum of 25 percent openings to allow air circulation.

ii.

Walls shall be designed with changes in material, color, texture, or profile to avoid the massive, linear aspect and monotony of otherwise plain walls. Walls over two feet in height shall not form a continuous straight line without an offset, change of direction, or significant vertical feature every ten feet to break up the length of the wall.

iii.

Walls shall include finishing features such as, but not limited to, changes in texture or color, variety of materials, capstones, decorative painting or bands of tile.

d.

Fence/wall top features. The top of a fence or wall may contain architectural features and light fixtures. However, such features shall not extend more than 18 inches above the maximum height of the fence or wall, and the combined width of the features shall not exceed 20 percent of the total linear length of the fence or wall.

e.

Gates. A fence or wall may have a pedestrian entrance with a gate. Such an entranceway, including any archway, may be no greater than eight feet in height, and no more than eight feet in width. Gates must swing or slide in a manner which does not obstruct public rights of way.

f.

Maintenance. All fences and walls shall be maintained in good repair and in a secure manner. All defective structural and decorative elements shall be repaired or replaced in a workmanlike manner, to match as closely as possible the original materials and construction of the fence or wall. All surfaces shall have all graffiti and loose material removed. Any damaged portion of a fence or wall shall be repaired or replaced in a manner consistent with these standards. Any patching or resurfacing shall match the existing materials and shall be impervious to the elements, when possible.

g.

Hedges.

1.

All hedges shall be planted and maintained by property owners within the property lines and shall not encroach into the adjacent properties or right-of-way (ROW).

2.

The height of a hedge shall be maintained not to exceed 12 feet in all zoning districts, except in the RM-25 district, where the height of a hedge is limited to four feet in the front yard, except as otherwise provided in subsection "h." below.

h.

Visibility limitations.

1.

No fences or walls shall be constructed within 25 feet of the front property line or within 30 feet of the clear site triangle at the corner of the property on residential lots.

2.

No walls, fences, hedges or plantings shall be planted or maintained:

a.

To a height exceeding 30 inches above the crown of the roadway within sight visibility triangles,

b.

Within 25 feet of the intersection of the front and side street property lines,

c.

Within ten feet of any driveway, within ten feet from the intersection point of the edge of a driveway and alley or street, or

d.

Within 15 feet from the intersection point of the extended property lines at an alley and a street.

i.

Chain link fences. Chain link fences shall be completely hidden from view when viewed from any portion of the right-of-way in residentially zoned property. Chain link fences are prohibited in any business zoning district. Notwithstanding the non-conforming use and structure regulations set forth in section 30-137 of the Town Code, non-conforming chain link fences shall be required to comply with the above regulations within a two-year time period commencing on August 27, 2019.

j.

Placement of finished side. Except when a new wall or fence directly abuts an existing wall or fence preventing compliance with this requirement, fences and walls finished on only one side shall be placed to have the finished side facing out. If a fence or wall is erected and any portion is placed with an unfinished side facing out due to an abutting obstacle, then that portion shall be finished within 180 days of the obstacle being removed.

k.

Prohibited fence types. Barbed wire, electrified or razor wire fences, and fences or walls topped with barbed, electric or razor wire are prohibited, and shall not be erected or maintained on any property.

l.

Reserved.

(e)

Regulations applicable to El Mar Drive.

(1)

Parking. It shall be unlawful to use the central park area of El Mar Drive for parking purposes, unless so designated by a sign and ordinance.

(2)

Walkways. Walkways that cross El Mar Drive must:

a.

Comply with the requirements of section 17-9 of the Town Code;

b.

Be accompanied by an agreement to provide maintenance; and

c.

Be reviewed and approved by the Town Commission.

(3)

Failure to meet the criteria of subsection (e)(2) above may result in a fine and removal of such walkway upon written prior notice.

(f)

Use, public areas. It shall be unlawful for any person or group of persons to use any public area, park, street or thoroughfare as the site or location for the temporary or permanent construction, erection, or installation of any structure of any kind, or removal of any vegetation or structure thereon without express permission, upon written application, from the Town Commission. See chapter 17 of the Town Code of Ordinances.

(g)

Aesthetic design. No structure shall be of an exhibitionistic character. Examples of which might portray, in form and coloring, a milk bottle, bean pot, articles of food, clothing, a windmill or the like. See article II, development review, section 30-51, architectural review standards of the Town Code.

(h)

Standards for driveways and swales.

(1)

Driveways for single-family, two-family and townhome dwellings.

a.

All grading and paving of the swale on Ocean Drive (A1A) shall be subject to the Florida Department of Transportation specifications and permit requirements.

b.

Driveways shall be constructed of non-asphalt pavement such as concrete pavers, stamped concrete, brick, or other material approved by the Town Commission.

c.

Asphalt driveways permitted and constructed prior to July 28, 2009, shall be allowed to continue as a legal nonconformity subject to the following provisions:

1.

A nonconforming asphalt driveway may be maintained and repairs and alterations may be made so long as the nonconformity is not increased.

2.

New development or redevelopment on the property exceeding 25 percent of the current replacement cost of the primary building on the site in a consecutive three-year period, shall provide a driveway in conformity with the provisions of this section and any other applicable land development regulations.

d.

Gravel driveways are prohibited.

e.

Pervious pavement and pavers.

1.

The use of solid surface pervious pavement and solid pervious pavers is encouraged.

2.

Failure to maintain the solid pervious pavement and/or solid pervious pavers to industry standards, may result in the required removal of the pervious pavers and/or pervious pavement and the installation of a drainage system approved by the Town Engineer for the property pursuant to the Town's code enforcement procedures.

f.

Maintenance of driveways. The property owner is responsible for maintaining and repairing the entire driveway including any portion in or crossing the swale.

g.

Driveway design for single-family, two-family and townhome dwellings.

1.

The driveways, except for the radius or flare provided below, shall be setback at least two and one-half feet from the side property line and shall provide a connection to the roadway that includes a maximum of either a:

(i)

Two and one-half foot radius, or

(ii)

Flare that is a 45 degree angle and no more than two and one-half feet beyond the extension of the driveway street edge.

2.

Maximum width.

(i)

For properties less than 75 feet in width, the maximum total pavement width in the swale is limited to 30 feet, exclusive of subsection g.1. above.

(ii)

For properties 75 feet or greater in width, the maximum total pavement width in the swale is limited to 40 percent of the property frontage or 40 feet, whichever is less, exclusive of subsection g.1. above.

3.

Unless the street adjacent to the property has a curb and gutter, driveways shall be designed with a grade as defined in subsection (3)d. below.

(2)

Driveways for all other properties. Driveways for all other properties are subject to the standards provided in section 30-122, "Site plan requirements."

(3)

Standards for swales for single-family, two-family and townhome dwellings.

a.

The property owner shall not create a berm in the swale.

b.

If a swale area outside of a proposed or existing driveway is currently covered with any other material other than landscaping as outlined in subsection (5) below, then the material shall be removed when constructing, reconstructing or replacing the driveway.

c.

All grading and paving of the swale on Ocean Drive (A1A) shall be subject to the Florida Department of Transportation specifications and permit requirements.

d.

Grading requirements. For properties without a curb and gutter, the following grading standards shall be met and maintained:

1.

All grassed areas and other permeable areas within the public right-of-way shall be graded so that the final grade is a minimum of three inches lower than the adjacent street and driveway pavement. Town Engineer approval of the design specifications for the grade must be obtained.

2.

The grade of driveways within the swale area shall be constructed so that the final grade matches the adjacent landscaped swale area and shall slope from the driveway to the adjacent landscaped swales according to the cross section standard adopted by the Town Engineer, unless a specific modification has been approved by the Town Engineer because of field conditions or the use of pervious pavement or pervious pavers.

(4)

Standards for swales for all other properties.

a.

All grading and paving of the swale on Ocean Drive (A1A) shall be subject to the Florida Department of Transportation specifications and permit requirements.

b.

All properties that are: (a) not located on Ocean Drive (A1A), and (b) not adjacent to a curb and gutter street, shall meet the grading requirements established in subsection (3)d.1. and 2. above.

c.

All properties that: (a) are not located on Ocean Drive (A1A), and (b) include a landscaped area, shall meet the landscaping requirements established in subsection (5) below.

d.

All properties that submit a permit application to resurface or restripe their parking area shall provide a drainage plan that indicates the minimum Broward County water quality stormwater requirements for runoff will be maintained onsite. Stormwater runoff can be maintained through the creation of a graded swale, the redirection of stormwater to landscaped areas, a trench drain or by other means, subject to review and approval from the Town Engineer.

(5)

Landscaping standards for swales:

a.

Landscaping or other materials shall not be used in swale areas in any manner that may interfere with surface drainage.

b.

Landscape criteria.

1.

Consistent with section 17-5, landscaping other than ground cover shall be planted or removed only under permit from the Town.

2.

Prior to the issuance of any permit, the abutting property owner shall execute an agreement to hold the Town harmless for any damages and/or costs caused by the maintenance and repair of utilities or future right-of-way improvements.

3.

Except in those areas that are paved to connect driveways to the roadway, or where a sidewalk exists or installation of a sidewalk has been approved by the Town, swales shall be fully sodded grass, ground cover or xeriscape landscaping.

4.

Landscaping, with a maximum height of 30 inches, may be planted no closer than six feet to the edge of pavement.

5.

Trees.

(i)

Single trunk trees or palm trees may be planted with a minimum horizontal distance of six feet to the edge of pavement on streets without a curb and four horizontal feet to the edge of pavement on streets where there is a curb.

(ii)

Trees shall be a minimum of six feet in height at the time of planting.

(iii)

Trees shall not be planted:

i.

Closer than 20 feet from the intersection of any street.

ii.

Closer than 20 feet from a street light pole, utility pole, fire hydrant, traffic sign, traffic signal pole or street name sign.

6.

Round concrete buttons that meet the following criteria are allowed in the swale:

(i)

Not exceeding 12-inch diameter;

(ii)

Not exceeding four-inch height;

(iii)

No exposed edges; and

(iv)

A minimum of two feet from the street pavement edge.

7.

Non-native species and hedges are prohibited.

8.

In those instances where the abutting property owner plants trees and/or landscaping materials within the swale area of the public right-of-way, any damage caused by roots or broken branches shall be the responsibility of the abutting property owner.

(6)

Maintenance standards for swales.

a.

The property owner adjacent to the swale shall be responsible for maintaining the swale in good condition, with the lawn regularly watered and mowed and any other landscaping properly maintained.

b.

The adjacent property owner shall maintain and trim swale trees so that there is:

1.

A minimum eight-foot clearance between the lowest hanging branch or foliage and the existing grade of the swale or sidewalk, and

2.

A minimum ten-foot clearance between the lowest hanging branch or foliage and the roadway pavement.

c.

No landscape material shall encroach into the paved roadway or public sidewalk.

d.

Town removal. In addition to all other remedies available including code enforcement, the Town may remove landscaping within the swale in accordance with section 17-5 of the Town Code.

(i)

Capacity restrictions.

(1)

All businesses shall provide adequate indoor seating for their customers, clients, patients and business invitees.

(2)

Except for customers seated in approved sidewalk café areas, customers, clients, patients or business invitees shall not be directed, encouraged or allowed to stand, sit (including in a parked car for any period of time longer than reasonably required for a person's passenger to conduct their official business and depart), or gather or wait outside of the building where the business is operating, including in any parking areas, sidewalks, rights-of-way, or neighboring properties.

(3)

Pedestrian queuing at any time, including before or after business hours, outside of a business' building is prohibited.

(j)

Queuing of vehicles. All businesses shall ensure that there is no queuing of vehicles in the adjacent rights-of-way, drive aisles of the property's parking lot or on any adjacent properties.

(k)

Paving drainfield areas.

(1)

Paving over drainfields or drainage facilities with asphalt or any other hard surface materials shall be prohibited.

(2)

Paving shall be prohibited in any setback area where such paving would:

a.

Interfere with the natural drainage necessary for the area or for the roof water from any construction located on the lot, or

b.

Cause the surface water to drain upon adjoining property or the public right-of-way.

(l)

Satellite television antennas and dishes.

(1)

Definitions. The term "Satellite Television Antenna" shall mean any (i) device used for the receipt of video programming services; (ii) a device used to receive or transmit fixed wireless signals; or (iii) a reception antenna that has limited transmission capability designed for the viewer to select or use video programming as a reception antenna provided that it meets the Federal Communications Commission standards for radio frequency emissions. A mast, cabling, or other accessory necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna. A "Satellite Television Antenna" within the meaning of this section expressly excludes a Small Satellite Dish as defined herein.

(2)

"Small Satellite Dish" or "Satellite Dish" means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow parabolic dish, cone, horn, or cornucopia. Such device is used to receive radio or electromagnetic waves between terrestrially and orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as receive-only satellite earth station antenna, satellite microwave antennas or fixed wireless service antennas that are two meters or less in diameter and located or proposed to be located in any area where commercial or business uses are generally permitted by non-Federal land-use regulation, or any receive-only satellite earth station antennas, satellite microwave antennas or fixed wireless service antennas that are one meter or less in diameter in any area regardless of land use or zoning category.

(3)

Requirements in RS-4, RS-5 and RD-10 districts. All Satellite Television Antennas located in RS-4, RS-5 single-family and RD-10 duplex residential districts shall comply with the following:

a.

Setback requirements for Satellite Television Antennas shall be consistent with the setback requirements set forth in section 30-262.

b.

The maximum diameter of Satellite Television Antennas shall be ten feet.

c.

Satellite Television Antennas will be installed to minimize the height thereof and shall not exceed 12 feet.

d.

All Satellite Television Antennas shall be screened from view from abutting properties and public rights-of-way.

e.

No roof-mounted Satellite Television Antenna shall be permitted.

f.

No Satellite Television Antenna shall serve more than one single-family home.

g.

Satellite Television Antennas shall be permitted in side yards or front yards.

(4)

Requirements in other districts. Satellite Television Antennas located in districts other than single-family districts shall meet the following requirements:

a.

Installation of any Satellite Television Antenna shall conform to all zoning setback requirements for the district in which such antenna is to be installed. The Development Services Director may require a Satellite Television Antenna to be installed in a location where its visibility is minimized to nearby properties and rights-of-way, provided that such location will not preclude reception of an acceptable quality signal.

b.

No roof-mounted Satellite Television Antennas shall be permitted.

c.

A Satellite Television Antenna which has been unused for reception for a continuous period of six months or more shall be removed by the owner of the antenna. The removal of any unused Satellite Television Antennas located on the same premises shall be required prior to the issuance of a permit for the installation of a new Satellite Television Antenna.

(5)

Application for a permit for installation. All applications for Satellite Television Antenna installations shall be submitted to the Development Services Director and shall include the following:

a.

Three copies of the survey and three copies of a site plan or sketch plan showing the exact location of the Satellite Television Antenna on the property in compliance with all the codes and ordinances of the Town;

b.

Two sets of signed and certified engineering plans by an engineer registered in the State detailing all installation requirements and specifications mandated by the building code or this Code;

c.

Three copies of a landscaping plan showing placement, size and type of landscape material;

d.

Sufficient information, as determined by the Development Services Director, that the installation of a Satellite Television Antenna will not be erected over a sewer pipe, underground conduit, cable lines, wire or apparatus or within a public easement or utility easement; and

e.

Any additional information that may be requested by the Development Services Director consistent with this section and applicable law, as required to process the application.

(6)

Application fee. All applications for the installation of a Satellite Television Antenna shall be accompanied by an application fee. The Town shall not require an application fee for the placement of a Small Satellite Dish, as defined in this section.

(7)

Grounding. All Satellite Television Antennas shall be grounded against direct lightning strike.

(8)

Contest of provisions. Any person wishing to contest the application of any term or provision of this subsection may do so before the Planning and Zoning Board.

(9)

Small Satellite Dishes.

a.

Location and placement regulations.

1.

Small Satellite Dishes shall be permitted within all zoning districts and shall comply with the minimum setback requirements established for a principal building within the applicable zoning district, pursuant to this chapter. No additional permit shall be required for installation of a Small Satellite Dish, except for an electrical permit. The installation of a Small Satellite Dish shall be in accordance with the following:

(i)

Ground-mounted Small Satellite Dishes are permitted as an accessory use in RS-4, RS-5, RD-10, RM-25, and RM-50 zoning districts subject to the following conditions:

(a)

No installation shall exceed 15 feet in height.

(b)

Ground-mounted Small Satellite Dishes shall conform to the minimum setback requirements established for the principal building.

(ii)

No ground-mounted Small Satellite Dishes shall be permitted as an accessory use in B-1, B-1-A, CF and P zoning districts.

(iii)

Roof and wall-mounted Small Satellite Dishes shall be permitted as an accessory use in all zoning districts subject to the following conditions. Whenever possible, Small Satellite Dishes shall be installed in locations where their visibility is minimized to nearby properties and rights-of-ways. while maintaining reception of an acceptable quality signal as follows:

(a)

It is preferred that roof-mounted Small Satellite Dishes be mounted to the rear or side of the non-street side of the principal building.

(b)

It is preferred that wall-mounted Small Satellite Dishes be mounted on the rear or side of the non-street side wall of the principal building.

(c)

No installation shall exceed five feet in height from the roof or wall surface to the highest point of the dish in its most extended position, and in accordance with section 7.1(1) of the Town Charter, shall not exceed four feet in height above the maximum allowed building height.

(iv)

The Town may inspect the installation to determine if it complies with the requirements of this section and all other applicable provisions of the Town Code.

(v)

A Small Satellite Dish which has been unused for reception for a continuous period of six months or more shall be removed by its owner.

(10)

Signage. Signage of any type, except for the provider's name, is prohibited on the Small Satellite Dishes and Satellite Television Antennas regulated in this section, unless required by Federal law.

(11)

Inspections. Under the lawful exercise of the police power of the Town, all installations of Small Satellite Dishes and Satellite Television Antennas may be subject to inspection by the Building Official after the installation has been completed to determine compliance with this section and the Town Code.

(12)

Penalty for violation. If a Small Satellite Dish or Satellite Television Antenna is deployed and increases the likelihood of harm to persons or property, or does not comply with this section, the Code or both in any respect, the Town shall not be responsible for any costs incurred in connection with any alteration, modification, redeployment or reinstallation of a Small Satellite Dish or Satellite Television Antenna for the safety of Town residents and property or as necessary for it to achieve full compliance with the Code. Any violation of any of the provisions of this section shall be grounds for revocation of any applicable permit and punishable by a fine in accordance with section 6.5-7 of the Code. Each day that a violation is permitted to exist shall constitute a separate offense. Any continuing violations of the provisions of this section may be enjoined and restrained by injunctive order of the Circuit Court in appropriate proceedings instituted for such purposes.

(13)

Compliance with regulations.

a.

Every reasonable effort must be made to locate Small Satellite Dishes and Satellite Television Antennas in a manner where they are near a structure or near another protective barrier which will decrease the likelihood of a broken or dislodged Small Satellite Dish or Satellite Television Antenna becoming a windblown hazard. The design and construction of each Small Satellite Dish and Satellite Television Antenna shall be in compliance with the requirements of this section, and must meet the minimum wind load capacity as provided for in the Florida Building Code.

b.

Nothing in this section shall affect the ability of a condominium association, cooperative association, apartment landlord, or homeowners' association to restrict, to prohibit, or to permit lawfully the installation of Small Satellite Dishes or Satellite Television Antennas in common areas or in areas that are not within the exclusive control of the unit owner, tenant or single-family homeowner.

c.

The Town Manager or his or her designee shall have the authority to enforce any and all provisions of this section. Failure of the Town Manager or his/her designee to enforce any requirements of this section shall not constitute a waiver of the Town's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies provided by applicable law.

(m)

Lighting. Where lighting facilities are provided for parking areas, they shall be designed and installed so as to reflect the light away from any contiguous residential zoned property (see subsection 30-317(i) for parking facility lighting requirements).

(n)

Control of lighting for protection of sea turtle nesting areas.

(1)

No lighting shall be installed, maintained or illuminated on public or private property that would directly illuminate the beach from sunset to sunup during the sea turtle nesting period from March 1 through October 31 of each year.

(2)

Property owners are responsible for ensuring that all lighting along the beach is controlled so as not to illuminate the beach from sunset to sunup during this period.

(3)

Measures to be employed by property owners for the installation, maintenance and control of all lighting in a direct line of sight of the beach, including interior lights visible from the beach through windows, shall be consistent with the standards and guidelines contained in Chapter 62B-55 of the Florida Administrative Code, and in Technical Report 97-06 of the Broward County Beach Lighting Management Plan, as amended from time to time. All site plans for new development and redevelopment along the beach shall be required to demonstrate that the proposed development or redevelopment will comply with this section by identifying the specific measures that will be employed to control lighting.

(o)

Elevation of filled land. There shall be no land filled or elevated resulting in the elevation of the area in question above the natural elevation of the adjacent ground surface without first obtaining the approval of the Floodplain Administrator. In order to obtain review and approval by the Floodplain Administrator the applicant must first obtain the following:

(1)

A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

(2)

A depiction of the elevation in relation to the adjacent property; and

(3)

Engineering calculations confirming that stormwater runoff will be retained on-site and that the proposed development will not create flooding issues on adjacent properties.

(p)

Swimming pools, pool decks, patios, hot tubs and spas; setbacks and enclosure required.

(1)

No swimming pool, hot tub or spa shall be constructed within a front yard setback, unless the lot is a corner lot. Swimming pools, hot tubs and spas shall have the following minimum setback regulations:

a.

All water bearing wall surfaces shall have a minimum five-foot setback from the property lines.

b.

All water bearing wall surfaces shall have a minimum five-foot setback from any public right-of-way.

c.

Notwithstanding any other regulation of this Code, fencing to enclose a swimming pool, hot tub or spa is permitted in the front setback, but shall not obstruct the view within any sight distance triangle.

d.

Screen enclosures, pool decks, patios, porches and terraces:

1.

Shall be permitted in the required side yard or rear yard only or in the front yard of a corner lot with a pool located in the front yard, and shall be located at least two and one-half feet from lot lines.

2.

In addition, the location of screen enclosures, pool decks, patios, porches and terraces shall not obstruct the view within any sight distance triangle and will need to be located outside of any utility easement areas, unless the property owner obtains consent from the applicable utility(s) to allow any of these structures in the easement area.

(2)

All swimming pools shall be enclosed by an open mesh screen enclosure or a fence or wall a minimum of five feet in height of such design and material as will prevent unauthorized access to the pool area. All screen doors and fence gates shall be equipped with a self-locking mechanism.

(3)

Swimming pools or spas on lots that directly abut a waterway or other water area shall not require enclosure along such waterway or water area.

(q)

Decks.

(1)

Decks that abut a plot line that is a waterway may be allowed, but are not required, to extend to the waterway.

(2)

There can be a gap between the deck and the dock provided the spacing between the deck and dock is properly secured.

(3)

Decks need not be constructed to be flush with any dock or seawall area. However, any portion of a deck located within five feet of the seawall cannot be constructed higher than the seawall.

(r)

Other mechanical and plumbing equipment setback requirements.

(1)

Notwithstanding any provision of the Land Development Code which prohibits the use of setback areas, mechanical and plumbing equipment, including, but not limited to, air conditioner units, lawn irrigation pumps, water purification devices, and swimming pool or spa accessories, may be installed on the roof and in a side or rear setback in all zoning districts, provided that no portion of the equipment may:

a.

Be within five feet of the adjacent property line;

b.

Exceed six feet high above grade unless installed on a roof;

c.

Exceed eight feet in length; or

d.

Occupy more than 40 square feet of the property.

For properties which contain legal nonconforming mechanical or plumbing equipment located within a setback area less than five feet from the adjacent property line and installed prior to March 25, 2003, such equipment may be replaced or relocated. However, in no case may the equipment be located within a setback area less than three feet eight inches from the adjacent property line.

(2)

Screening. Equipment installed after November 10, 2020, shall be completely screened from the public right-of-way and adjacent properties.

(3)

Nonconforming. For properties which contain legal nonconforming mechanical and/or plumbing equipment located within a setback area less than five feet from the adjacent property line and originally installed prior to March 25, 2003, such equipment may be replaced or relocated. However, in no case may the equipment be located within a setback area less than three feet eight inches from the adjacent property line.

(s)

Accessory buildings and structures.

(1)

On a non-waterfront lot containing a single-family, duplex or townhouse dwelling, side and rear yard setbacks not abutting a street may be reduced to five feet for accessory buildings and structures.

(2)

On a waterfront lot, side and rear setbacks abutting the water shall be the same as for the primary structure.

(3)

Accessory buildings and structures may not exceed 12 feet in height on any lot.

(4)

The aggregate floor area of all accessory buildings or land area under an accessory structure shall not exceed five percent of the plot area.

(5)

No accessory building shall contain more than 50 percent of the floor area of the principal building.

(6)

Accessory buildings and structures in commercial zoning districts may be allowed, subject to Town Commission approval. Staff shall apply the standards listed above as best as possible before the Town Commission reviews the accessory buildings and structures in the commercial zoning district.

(t)

Generator and fuel storage tank regulations. Generators and related fuel storage tanks are allowed within the Town subject to the following requirements:

(1)

Temporary generators. No more than two temporary emergency power generators or one construction generator may be utilized by each single dwelling unit subject to the following:

a.

Temporary emergency power generators shall:

1.

Be located:

(i)

On the roof or the ground.

(ii)

In such a way that the exhaust is, as much as practically feasible, vented upwards and directed away from neighboring properties.

(iii)

In the front yard or at least five feet from the side or rear property lines.

(iv)

On the property in such a way as to have the least noise impact to the neighbors.

(v)

In an area completely screened from the public right-of-way and adjacent properties when not in use.

2.

Not be stored on trailers except following the declaration of a state of emergency by the Governor and all trailers must be removed no more than seven days after the power has been restored unless stored within a fully enclosed building.

3.

Be utilized only during periods of power outages, periods of power reductions resulting from the exercise of utility load control programs or for periodic testing and necessary maintenance operation and shall not be used to return power back to a power company.

4.

Be operated for routine testing and maintenance purposes not more than one time in any seven-day period and no test shall exceed 30 minutes or occur before 8:00 a.m. or after 5:30 p.m. There shall be no testing on legal holidays or Sundays.

5.

Where a single generator is operating, the generator shall not, at any time or for any purpose, exceed 70 decibels when measured 25 feet in any direction from the generator. When two generators are operating on the same property at the same time, they shall, collectively, not exceed 75 decibels when measured 25 feet in any direction from the generator(s).

b.

Construction generators. Construction generators may only be utilized on construction sites with active Town building permits that do not have electric service. Such construction generators shall:

1.

Be operated only until the 30th day after the building permit is issued or the date that an electrical power drop is installed, whichever is soonest.

2.

Be operated during the hours of construction established in section 13-3 (11) of the Town's Code.

3.

Be operated for a period of not more than four hours each work day. The four-hour period starts when the first generator is turned on and ends four hours later, regardless of how many times the generator is turned off or how many generators are used during that time period.

4.

Be removed from the site or if there is any enclosed space on the construction site, stored within the enclosed space during non-construction hours.

5.

If stored on a trailer:

(i)

Be completely screened from the public right-of-way and adjacent properties or removed from the site during non-construction hours; and

(ii)

Be removed no more than 37 days after the building permit is issued or the date that an electrical power drop is installed, whichever is soonest.

6.

The Town Manager, in consultation with the Building Official, may extend any of the time limitations herein upon demonstration of good cause by the property owner.

7.

The generator shall not, at any time or for any purpose, exceed 70 decibels when measured 25 feet in any direction from the generator.

(2)

Permanent generators.

a.

Permit required. The property owner shall obtain a building permit from the Town for the installation of a permanent generator unit. The Town shall review all such permit applications to minimize the visual and acoustical impact on adjacent and neighboring properties.

b.

Permanent generators not exceeding 60 KW output. One permanent generator with an output of not more than 60 KW shall be allowed in a required side or rear yard setback provided said generator meets the following conditions:

1.

The generator is set back a minimum of five feet from the side or rear property line.

2.

Prior to the final inspection of the permit, the Town shall test the generator under load to ensure it does not exceed 70 decibels as measured 25 feet in any direction from the generator.

3.

The generator shall not, at any time or for any purpose, exceed 70 decibels when measured 25 feet in any direction from the generator.

4.

The highest point on the generator shall not exceed a maximum of five feet above grade.

5.

Screening.

(i)

The generator shall be completely screened from the public right-of-way and adjacent properties.

(ii)

Properties with solid opaque landscaping or a solid opaque fence or wall enclosure that acts to completely screen the generator consistent with the requirements of subsection 5.(i) above, will be considered sufficient to meet the screening requirement. Removal of the landscaping, fence or wall will require screening as required in subsection (iii) below.

(iii)

Properties without solid opaque landscaping or a solid opaque fence or wall enclosure shall screen the generator from the public right-of-way and adjacent properties with landscape material, subject to approval by the Town, that:

i.

Surrounds the generator on three sides;

ii.

Is offset no greater than one foot from the permanent generator pad; and

iii.

Stands a minimum of 18 inches at time of planting, installed with irrigation and shall be maintained at a height of at least four feet or the height of the generator itself, whichever is greater.

6.

The permanent generator's exhaust shall be, as much as practically feasible, vented upwards and directed away from neighboring properties.

7.

The permanent generator shall be utilized only during periods of power outages, periods of power reductions resulting from the exercise of utility load control programs or for periodic testing and necessary maintenance operation and shall not be used to return power back to a power company.

8.

The permanent generator may be operated for routine testing and maintenance purposes not more than one time in any seven-day period and no test shall exceed 30 minutes or occur before 8:00 a.m. or after 5:30 p.m. There shall be no testing on legal holidays or Sundays.

9.

Generators are not permitted on the roof of a building in single-family and duplex zoning districts. In all other zoning districts, generators may be located on the roof if screened from the right-of-way, set back at least five feet from any roof edge that faces a private property line shared with a detached building and approved as a site plan amendment.

c.

Permanent generators exceeding 60 KW output. Permanent generators producing an output of 60 KW or more may be installed subject to the following requirements:

1.

The generator shall be housed in an enclosed building.

(i)

The enclosing building shall be located in conformance with the setback requirements applicable to a principal structure; and

(ii)

If the building is visible from the right-of-way or adjacent property, then the building shall be landscaped with landscape material that surrounds the building on three sides and is offset no greater than one foot from the building, subject to approval by the Town.

(iii)

The generator shall not, at any time or for any purpose, exceed 70 decibels when measured 25 feet in any direction from the generator.

(iv)

Prior to the final inspection of the permit, the Town shall test the generator under load to ensure it does not exceed 70 decibels as measured 25 feet in any direction from the generator.

2.

The location shall be subject to site plan level 2 review as defined in section 30-119 of the Town Code with evidence substantiating each of the following conditions:

(i)

The output of a 60 KW or less generator is incapable of providing enough electricity for the basic necessity of occupying a building and/or protecting interiors or possessions in a building from the damaging effects of prolonged loss of power;

(ii)

The proposed location is not merely for the convenience or preference of the applicant, but that the location of the permanent generator provides for safe and adequate placement and reduced sound attenuation.

3.

The building's venting and generator's exhaust shall, as much as practically feasible, be vented upwards and directed away from neighboring properties.

4.

The permanent generator shall be utilized only during periods of power outages, periods of power reductions resulting from the exercise of utility load control programs or for periodic testing and necessary maintenance operation and shall not be used to return power back to a power company.

5.

The generator may be operated for routine testing and maintenance purposes not more than one time in any seven-day period and no test shall exceed 30 minutes or occur before 8:00 a.m. or after 5:30 p.m. There shall be no testing on legal holidays or Sundays.

(3)

Fuel storage tanks for single-family and duplex properties. The following requirements shall apply to fuel storage tanks for generators for single-family and duplex properties:

a.

Above ground fuel storage tank. One above ground tank not to exceed five feet in height and 250 gallons shall be permitted in the side or rear setback provided said tank meets the following conditions:

1.

Up to two above ground tanks, not to exceed a total collective capacity of 250 gallons, and subject to the requirements of this subsection, shall be allowed in lieu of one 250-gallon above ground tank.

2.

Fuel storage tanks shall be subject to the same setback and location regulations for permanent generators less than 60 KW.

3.

Above ground fuel storage tanks shall be completely screened from the public right-of-way and adjacent properties by one of the following:

(i)

A solid opaque hedge, solid opaque fence or wall; or

(ii)

Landscape material that is a minimum of 18 inches at time of planting, irrigated, trimmed, and maintained at a height of at least four feet high or the height of the tank itself, whichever is greater. Landscaping must surround the tank on three sides and be offset no greater than one foot from the tank.

b.

Underground fuel storage tank. An underground fuel storage tank, not to exceed 500 gallons, shall be permitted within the required front, rear and side yard setback provided it is not located within five feet of any public right-of-way or utility easement or three feet of any other property line.

(4)

Fuel storage tanks for all other properties. The following requirements shall apply to fuel storage tanks for generators for all other properties (excluding single-family and duplex properties):

a.

All above ground tanks shall be subject to the same regulations for permanent generators not exceeding 60 KW output provided in this subsection. Fuel storage tanks shall comply with the Florida Building Code (FBC) and the Florida Fire Prevention Code (FFPC).

b.

Any tank over 1,000 gallons, not located within an enclosed building or underground, shall be subject to site plan review as defined in section 30-119 of the Town Code.

c.

Underground fuel storage tanks may be located within the required, side, rear or front yard setback provided they are not located within five feet of any public right-of-way or utility easement or three feet of any other property line.

(5)

All fuel storage tanks shall be properly permitted in accordance with all applicable Town, County, State, and Federal regulations.

(u)

Window screening for vacant storefronts.

(1)

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

a.

Door means a swinging or sliding panel that closes an opening in a wall and provides passage through it.

b.

Transparent means easily seen through, so that bodies, objects and materials situated beyond or behind the glass can be clearly seen.

c.

Vacant means buildings or individual storefronts that are:

1.

Not open to the public, or to clientele, for a period of more than 21 consecutive days due to lack of business operation, repair or renovation; and

2.

Not being used for the display or merchandising of any product.

d.

Window means an opening in an exterior wall to admit light and air, typically with glazing in a frame that may or may not be operable.

(2)

Required screening specifications. All transparent windows and doors in commercial uses, including hotels and motels, that are vacant, which are visible from the right-of-way, regardless of floor elevation, are required to be screened to prevent the interior of the building from being viewed from the public right-of-way. Decorative window treatments that were in place during the business occupancy, such as shutters (excluding hurricane shutters), shades, curtains, Venetian or vertical blinds may be used if they prevent viewing of the interior of the building from the public right-of-way. Decorative window treatments must have a clean and neat appearance, and be kept in good repair.

a.

Screening material requirements:

1.

If paper is used, it shall be no less than 46 pounds [in] weight, or of similar durability and opacity, as determined by the Town Manager or his/her designee;

2.

If fabric or any other material is used, it shall be of comparable or greater opacity as in subsection 1. above, so as to prevent visual sight into the business;

3.

Each piece of screening material shall have a width no less than 36 inches and a length sufficient to completely screen the opening from its lowest point to a level no less than the height of the window or door opening or a level six feet above the finished floor and have a seamless appearance;

4.

Screening material shall be maintained in a clean and neat appearance; and

5.

Screening material shall be affixed to the interior side of the window or door glass. If utilizing tape, tape must have a continuous edging.

b.

Screening material shall include artwork/photography but not text, including, but not limited to:

1.

Historical pictures of the Town of Lauderdale-By-The-Sea;

2.

Historical post cards of the Town of Lauderdale-By-The-Sea;

3.

Art work of a professional nature;

4.

Designs or drawings provided by the Town of Town projects;

Pictures and artwork on, or incorporated into, the screening materials must be a minimum of 16 inches × 20 inches.

c.

As an alternative, and if available, windows and doors may be covered by pre-printed materials provided by the Town.

(3)

Timing. All window screening is required to be installed within seven business days of vacancy. A time extension of up to seven business days may be given by the Development Services Director if the property owner submits a written request for an extension to the Development Services Department.

(4)

Nothing in this section shall prohibit the placement of otherwise legal signs in windows, including, but not limited to:

a.

Announcing or contractor signs as described in subsections 30-508(3)(h)1. and 30-508(3)(h)3. of the Code; and

b.

Seasonal window treatments as described in and subject to the regulations of subsection 30-502(16).

(v)

Rooftop photovoltaic solar systems.

(1)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the residents by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems on buildings and structures within the Town.

(2)

Definitions. For purposes of this section, the following terms shall have the meaning prescribed herein:

a.

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

b.

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

(3)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to residential and commercial conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(4)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five feet above the roof, subject to the height limits of the Town Charter.

(5)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that: (a) if the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations despite the issuance of a permit by the Town; and (b) the issuing of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property itself a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining on other property or the growth of any trees or vegetation on such property or the right to prohibit the development on or growth of any trees or vegetation on such property.

(6)

Tree maintenance and removal. To the extent that the Town has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether trees can be removed or relocated.

(7)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(w)

Groins, seawalls and breakwaters.

(1)

The approval of the U.S. Army Corp of Engineers must be obtained for any encroachment into the waters of the Atlantic Ocean or any other navigable waterway.

(2)

Seawalls shall be of the sloping, high energy-absorbing type, or of a vertical type with high energy-absorbing, rubble mound on the ocean or waterway side of the vertical wall. The top or bottom of a sloping seawall shall not be located closer than 100 feet from mean low water shoreline.

(x)

Rooftop passive recreation. The rooftop of a building located in the RM-25 district, or in the B-1 or B-1A district, may be used for passive recreation subject to the following.

(1)

Definitions. For purposes of this section, the following definitions will apply:

a.

"Balcony" shall mean an unenclosed area that may or may not be covered in whole or in part by a roof, and that is directly accessible from, and an extension of the habitable space that is at least 100 square feet in floor area on the same floor level and is for the private use of that living area.

b.

"Passive recreation" shall mean activities such as walking, sitting, swimming, eating and scenic observation that can be carried out with no disruption to the atmosphere or ambiance in the area or impact on adjacent properties. Restaurant seating is not considered passive and is not permitted.

c.

"Rooftop" shall mean the exterior surface on the top of a building. "Rooftop" does not include:

1.

A balcony; or

2.

An enclosed space, as defined by the Florida Building Code, on the top floor of a building.

d.

"Rooftop activity area" shall mean an area of a rooftop that does not exceed 75 percent of the total square footage of the floor area below the rooftop, including balconies which may be used for passive recreation.

(2)

Setbacks. Rooftop activity areas must be setback a minimum of five feet from the front building façade and five feet from any contiguous private property under separate ownership and shall be demarcated by physical barriers to restrict access to non-designated areas.

(3)

Structures permitted in the rooftop activity area.

a.

Permanent awnings and canopies.

b.

Outdoor kitchens no larger than 30 square feet.

c.

Hot tubs.

d.

Swimming pools and pool decks-limited only to waterfront hotel uses permitted as a conditional use in the B-1 zoning district.

(4)

Temporary objects and furniture.

a.

All parapets, railings and code-required safeguards shall remain free from towels or other temporary objects at all times.

b.

All temporary objects or furniture are the responsibility of the property owner and shall be secured or removed from the rooftop when not in use so as to prevent them from being blown from the roof. Temporary objects and furniture shall be removed from the roof any time the building will be unoccupied, whether temporarily or permanently, for more than 14 days.

c.

Upon the issuance of a "Hurricane Warning or "Hurricane Watch" by the Broward County Office of Emergency Management, the permittee shall forthwith remove and place indoors all tables, chairs, planters, umbrellas and other temporary objects or furniture located on the rooftop.

(5)

Hours of use. The use of rooftop activity areas shall be limited to 7:00 a.m. to 10:00 p.m. except for emergency access or repairs or as otherwise regulated pursuant to a conditional use approval for a waterfront hotel use.

(6)

Zoning district limitations. In addition to the requirements above, rooftop activities are only permitted in the following districts, subject to the specific requirements below:

a.

RM-25 zoning district.

1.

Commercial rooftop activities. The use of rooftops for restaurants and hotel bars are prohibited.

b.

B-1 and B-1A zoning districts.

1.

Commercial rooftop activities. The use of rooftops by commercial or business uses is prohibited, except for waterfront hotel uses permitted as a conditional use in the B-1 zoning district.

2.

Mixed use rooftop activities. Rooftop activities in mixed use properties are permitted solely by the residential occupants for passive recreation.

c.

All other zoning districts. Rooftop activity areas and the passive or active recreational use of a rooftop or the roof of a structure is prohibited.

(Ord. No. 316, § 1, 1-9-1990; Ord. No. 326, § 1, 6-25-1991, Ord. No. 374, § 1, 3-7-1996; Ord. No. 402, § 2, 6-9-1998; Ord. No. 431, § 2, 1-25-2000; Ord. No. 485, § 2, 4-9-2002; Ord. No. 495, § 1, 12-10-2002; Ord. No. 500, § 2, 10-8-2002; Ord. No. 501, §§ 2, 3, 10-8-2002; Ord. No. 03-506, § 2, 2-11-2003; Ord. No. 03-508, § 2, 3-25-2003; Ord. No. 03-512, § 2, 4-22-2003; Ord. No. 03-515, § 2, 7-22-2003; Ord. No. 2005-06, § 2, 2-22-2005; Ord. No. 2005-10, § 2, 6-14-2005; Ord. No. 2007-14, § 2(Exh. A), 9-25-2007; Ord. No. 2008-03, § 1, 3-25-2008; Ord. No. 2009-10, § 7, 7-28-2009; Ord. No. 2009-35, § 2, 8-25-2010; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2010-16, § 2, 5-24-2011; Ord. No. 2011-03, § 2, 4-27-2011; Ord. No. 2011-06, § 2, 4-27-2011; Ord. No. 2012-11, § 2, 8-21-2012; Ord. No. 2012-15, § 3, 10-9-2012; Ord. No. 2012-16, § 2, 11-13-2012; Ord. No. 2013-03, § 2, 3-12-2013; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2015-09, § 4, 9-8-2015; Ord. No. 2017-03, § 4, 3-28-2017; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017; Ord. No. 2018-24, § 3, 9-12-2018; Ord. No. 2018-27, § 2, 10-23-2018; Ord. No. 2019-05, § 2, 8-27-2019; Ord. No. 2019-07, § 3, 9-12-2019; Ord. No. 2020-08, § 4, 10-13-2020; Ord. No. 2020-09, § 2, 11-10-2020; Ord. No. 2022-08, § 2, 10-25-2022)

Editor's note— Ord. No. 2013-03, § 2, adopted March 12, 2013, set out provisions intending to amend subsection 30-313(26). To preserve the existing style of subsection numbering, and at the editor's discretion, these provisions have been included as amending subsection 30-313(m).

(a)

Purpose. The purpose of the following sections is to provide off-street parking provisions which are intended for and in the interest of the citizens of the Town of Lauderdale-By-The-Sea. These sections shall be construed to be the minimum requirements for the promotion of the public health, safety, moral and general welfare of the community.

(b)

Scope.

(1)

Any building, structure, or use instituted with the Town of Lauderdale-By-The-Sea after March 14, 1995 shall provide off-street parking facilities in accordance with the provisions of these sections for the use of occupants, employees, visitors and/or patrons thereof. Such off-street parking facilities shall be maintained and continued as long as the uses are continued.

(2)

Any building, structure or use, instituted or erected prior to the effective date of these sections need not provide additional off-street parking facilities in accordance with the provisions of these sections provided that such existing buildings, structures or uses are not altered so as to enlarge or increase the capacity, floor area or seats therein.

(3)

When an existing building or structure is expanded to increase the floor area or seats or to otherwise increase the capacity of the building or structure, the provisions of these sections shall apply to the increased floor area, seats or increased capacity only.

(4)

When an existing building or structure is changed in use to a new use which would require more off-street parking pursuant to these sections than the former use, the new use shall receive credit for the off-street parking spaces attributable to the former use pursuant to these sections, even if the former use lacked sufficient parking pursuant to these sections.

(5)

The provisions of subsections (b)(3) and (b)(4) are provided to allow for the orderly expansion and re-use of existing buildings and structures. Additionally, applicants requesting an expansion in floor area, seat or capacity or a change in use are encouraged to pursue other options for the provision of required parking available in these sections.

(6)

It shall be unlawful for an owner or operator of any building, structure or use affected by these sections to discontinue, change or dispense with, or to cause discontinuance or reduction of the required parking facilities apart from the discontinuance, sale or transfer of such structure or use, without establishing alternative vehicle parking facilities which meet the requirements of these sections. All such alternative vehicle parking facilities must be approved by the Town Manager or his designee, in writing, before the same may be used. It shall be unlawful for any person, firm or corporation to utilize such buildings, structure or use without providing the off-street facilities to meet the requirements of and be in compliance with this chapter.

(7)

An otherwise conforming existing hotel building, or a legal nonconforming existing hotel building permitted to rebuild under section 30-137 or the Town Charter, may be rebuilt or redeveloped as a hotel, according to the applicable provisions of this code and shall retain its parking credits pursuant to subsection [b](4) above. Any increase in floor area, or change of use, shall be subject to the additional parking requirements of this Code.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2014-13, § 2, 10-28-2014)

(a)

Fractional measurements. When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, any such fraction equal to or greater than one-half shall require a full off-street parking space.

(b)

Mixed uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements of the various uses computed separately. Off-street parking spaces for one use shall not be considered as providing the required off-street parking for any other use except when a Shared Parking Study is approved by the Town Commission, as provided in section 30-320.

(c)

Measurement. For the purposes of these sections, floor area shall mean the gross floor area inside of the exterior walls.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011)

Plans shall be submitted with every application for a building permit for any use or structure required to provide off-street parking under these sections, which plans shall clearly and accurately designate the required parking spaces, access aisles and driveways, entrances and exits, adequate drainage, lighting, curbs and curb cuts, surface materials used thereon, and relation to the uses or structure these off-site parking facilities will intend to serve. Said plans to be developed in accordance with the site plan design criteria included in section 30-122(a)(1) of the Town Code.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2014-13, § 2, 10-28-2014)

(a)

The minimum size (in feet) for parking stalls shall be as follows:

Compact space: 8 × 15

Handicap space: 12 × 18

Loading space: 10 × 25

Standard space: 9 × 18

Neighborhood/Low speed vehicle space: 8 × 11

Tandem Employee/valet space: 8½ × 18 for each vehicle with a maximum stacking of 2 vehicles (36 feet)

Parallel space: 8½ × 20

(b)

A maximum of 25 percent of all parking spaces can be compact spaces provided they are specifically designated and designed for "compact only" and the layout is approved by the Town Commission.

(c)

Parking layout and design criteria is provided in section 30-122 (a)(1) of the Town Code.

(d)

Stalls shall be provided with bumper guards, wheel stops, or continuous curbing when necessary for safety or protection to adjacent structures or landscaped areas.

(e)

Composition and amortization.

(1)

Business and multi-family zoning districts. All parking areas, excluding RS4, RS5 and RD10 zoning districts shall be surfaced with brick, pervious brick, asphaltic, or concrete surfacing maintained in a smooth, well-graded condition according to the regulations of this chapter.

(2)

Residential and duplex zoning districts. All parking areas (i.e. driveways) for RS-4, RS-5 and RD-10 zoning districts are regulated under section 30-313 General provisions (k) Standards for driveways for single-family and two-family (duplex) dwellings.

(3)

Amortization. All parking facilities in the B1 and B1A zoning districts shall comply with subsection (1) above no later than January 1, 2016.

(f)

Drainage. All off-street parking facilities shall be drained so as to not cause any nuisance on adjacent or public property. Such drainage facilities shall be arranged for convenient access and safety of pedestrians and vehicles with standards set forth according to the Land Development Code.

(g)

Identification. Each parking space required and provided pursuant to the provisions of these sections shall be distinguished and separated from adjoining parking spaces by means of three-inch painted stripes. It shall be the responsibility and obligation of the owner or operator of any building, structure or use affected by these sections to maintain such identification markings so that parking spaces at all times are distinguishable from one another.

(h)

Back-out parking prohibited. Parking facilities that require a motor vehicle to exit the parking space by backing-out onto State Road A1A shall be prohibited for all new development and re-development of any properties adjacent to State Road A1A. For purposes of this section, "new development" shall be defined as the construction of a building or parking lot upon a vacant or cleared lot. For purposes of this section, "redevelopment" shall be defined as alterations that result in the demolition of more than 50 percent of the total existing ground floor building area on the site.

(i)

Lighting. All off-street parking facilities serving multiple-family residential developments containing eight or more dwelling units and serving all non-residentially zoned or used properties shall be illuminated in accordance with the following standards.

(1)

For the purpose of this subsection, open-air parking areas shall include the parking surface of open parking lots and accessways thereto at grade level. Enclosed parking facilities shall include multi-level parking garages and enclosed grade level parking facilities.

(2)

Intensity of illumination:

a.

Open-air parking areas shall provide an average illumination intensity of one footcandle equal to one lumen per square foot, and shall be well distributed on the pavement areas and pedestrian walkways; however, at no point shall illumination be less than one-quarter of a footcandle.

b.

Enclosed parking areas shall provide an average illumination intensity of 50 footcandles at the entrance, ten footcandles in traffic lanes and five footcandles in vehicle parking areas.

c.

Automatic teller machines (ATM) shall be provided with a maintained minimum of three footcandles of light measured at grade level. Parking areas that serve the ATM must also meet the three footcandle standard.

d.

The current edition of the IES Lighting Handbook, published by the Illuminating Engineers Society, 345 East 47 Street, New York, New York, 10017, is the standard to be used by the architect or engineer as a guide for the design and testing of parking area lighting.

e.

Overspill of lighting onto adjacent properties or rights-of-way shall not exceed three footcandles vertical and shall not exceed one footcandle horizontal illumination measured at grade level. All lighting must be shaded or screened and positioned in such a manner as to reflect the light away from any contiguous residential zoned property, and to minimize offensiveness to persons on all other neighboring properties and temporary blinding of drivers of vehicles passing illuminated property.

f.

All required illumination shall be controlled by automatic devices. The required illumination for open-air parking areas shall operate from dusk to dawn with one-half light levels permitted from midnight to dawn. Enclosed parking areas shall maintain the lighting levels specified in this section 24 hours a day either by operating lighting at all times, or at all such times as would be required to maintain the required lighting levels.

g.

Lighting shall comply with requirements of subsection 30-313(o) for the protection of sea turtle nesting areas.

(3)

Compliance requirements:

a.

A conceptual parking facility lighting plan, showing the general location and type of lighting proposed, shall be submitted with any application for final site plan approval. Prior to the issuance of a development order for a building permit, a parking facility lighting plan prepared by a registered architect or engineer shall be submitted for new construction, additions to existing buildings, changes of use, or expansion or reconfiguration of parking areas. The lighting plan shall be certified by the registered architect or engineer as providing illumination in accordance with the minimum standards set forth in this subsection.

b.

Subsequent construction must comply with the lighting plan.

c.

As a prerequisite to the issuance of final approval of any parking facility and of the lighting installation, and further, prior to the lighting installation being placed in permanent use, a letter of compliance from a registered professional engineer shall be provided to the Director stating that the installation has been field checked and meets the requirements of this section.

(4)

Maintenance requirements: All lighting installations required by this subsection shall be maintained in compliance with the minimum illumination requirements specified herein by the owners and occupants of the property.

(Ord. No. 361, 3-14-95; Ord. No. 438, § 2, 6-13-00; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

(a)

Banks and savings and loan associations: One parking space for each 235 square feet of floor area.

(b)

Business, professional and governmental offices: Parking space requirements vary depending on the size in gross leasable area (GLA) according to the following table:

(c)

Charter, sightseeing or fishing boats: One parking space for each two seats or fraction thereof; required spaces shall be adjacent to the docks regularly used by the boat or within 400 feet thereof.

(d)

Churches: One parking space for each three fixed seats, plus one parking space for each 200 square feet of floor area in assembly rooms with movable seats. In churches in which occupants utilize benches, pews or other similar seating facilities, each 20 lineal inches of such seating facilities shall be counted as one seat for the purpose of computing off-street parking requirements.

(e)

Convenience stores, grocery stores: One parking space for each 125 square feet of floor area.

(f)

Funeral homes: One parking space for each four seats in public rooms.

(g)

Furniture stores: One parking space for each 500 square feet of floor area.

(h)

Hospitals, sanitariums, asylums, orphanages, convalescent homes, homes for aged and infirm: One parking space for each bed for patients plus one parking space for each two employees, including nurses, on the maximum shift.

(i)

Hotels, motels and apartment hotels:

(1)

One parking space for each rentable tourist unit. A rentable tourist unit is defined as a unit with an outside entry door and bathroom which can be rented individually. The unit may or may not have a kitchen. For example, a two-bedroom unit that can be converted to two separate units, each with outside door and bathroom, is counted as two rentable tourist units. A two-bedroom, one-bath unit with only one outside door is counted as one rentable tourist unit. If, in addition to rentable tourist units there are other uses operated in conjunction with and/or as part of the hotel/motel, additional off-street parking spaces shall be provided for such other uses as would be required by this section if such uses were separate from the hotel/motel.

(2)

Exemption for bicycle and neighborhood/low speed vehicle parking. A hotel or motel use located in the RM-25 zoning district may receive exemptions not to exceed a total of 50 spaces, for bicycle and/or neighborhood/low speed vehicle parking, subject to the following:

a.

Bicycle

i.

Exemptions are limited to 15 percent of the total amount of required parking of the maximum number of exemptions;

ii.

A minimum of four bicycle parking spaces shall be provided on the same site as the hotel or motel for each exempted vehicular parking space;

iii.

Each bicycle parking space shall provide for a minimum area of 18 inches by six feet. A reduced minimum area per bicycle may be approved by the Town Manager for bicycle racks that are designed as public art.

iv.

A hotel or motel that utilizes this exemption shall provide bicycles for use by hotel/motel guests at least equal to 50 percent of the total number of bicycles spaces provided.

b.

Neighborhood/Low Speed Vehicles

1.

Exemptions are limited to ten percent of the total amount of required parking not to exceed the maximum number of exemptions;

2.

A minimum of one neighborhood/low speed vehicle space shall be provided on the same site as the hotel or motel for each exempted vehicular parking space.

3.

A hotel or motel that utilizes this exemption shall provide neighborhood/low speed vehicles for use by hotel/motel guests at least equal to 50 percent of the total number of spaces provided. In no event shall less than one neighborhood/low speed vehicle be provided.

(j)

Leased and rental vehicles: One space for each leased car maintained on premises plus one space for each employee.

(k)

Marinas and yacht basins: One parking space for each boat slip and one parking space for each employee. Charter boats are regulated under (c) above.

(l)

Medical, dental lab, chiropractic, health studio, etc., clinics: One parking space for each 200 square feet of floor area.

(m)

Multiple-family dwellings: One and one-half parking spaces for each unit with less than three bedrooms, and two parking spaces for each unit with three or more bedrooms, plus one guest space for every five units. If, in addition to dwelling units, there are other uses operated in conjunction with and/or as a part of the multiple dwelling, additional off-street parking spaces shall be provided for such other uses as would be required by this section, if such uses were separate from the multiple dwelling.

(n)

Outside seating for restaurants located on private property. Outside seating areas located on private property shall provide parking spaces as follows:

(1)

Dining that is located under the structural roof of a building shall provide seating required for restaurants (s) below.

(2)

The first 1,000 square feet of outdoor seating area that is open to the elements and not located under a structural roof of the building or permanent structure shall be exempt from parking requirements. Parking shall be provided for all square footage over the first 1,000 square feet at the rate of one space for each 100 square feet of customer service area shall be provided.

(o)

Personal service shops: One parking space for each 200 square feet of service floor area including barber shops and beauty shops.

(p)

Pier: Zero parking spaces for the pier deck area not associated with another use.

(q)

Places of public assembly, including assembly halls, private clubs, exhibition halls, convention halls, dance halls, skating rinks, sports areas, community centers, libraries and museums: One parking space for each three fixed seats, plus one parking space for each 200 square feet of floor area in assembly rooms with movable seats or one parking space for each 200 square feet of net floor area utilized for customer service. In places of assembly in which occupants utilize benches, pews or other similar seating facilities, each 20 lineal inches of such seating facilities shall be counted as one seat for the purpose of computing off-street parking requirements.

(r)

Restaurants, including sandwich shops, coffee shops, and any establishment or portion of an establishment dedicated to preparing and serving food to the public: One parking space for each 50 square feet of gross floor area excluding food preparation areas, drink preparation areas, bathrooms, storage areas, and other areas not directly utilized by the public in patronizing such establishments, except that from March 8, 2011, until March 7, 2015, and as further limited below, no parking spaces shall be required for new restaurants or the expansion area of existing restaurants. This suspension of the parking requirement shall be known as the "Parking Exemption Program."

(1)

Application required. To qualify for the parking exemption program, a parking exemption application must be submitted, in a form to be approved by the Town, with all supporting documentation. The parking spaces shall be allocated on a first come, first serve basis, as measured by the Town's receipt of a complete application package.

(2)

Eligibility for program. The application, and all supporting documents, including any applicable building permit or development approval applications, for the construction of a new restaurant or for a restaurant expansion, shall have been submitted and deemed to be complete by the Town prior to the program deadlines, and all required permits received and the restaurant subsequently built within the time periods specified in the Town's Code.

(3)

Program guidelines.

a.

Districts. There are hereby created two separate and distinct Parking Exemption Districts as follows:

1.

Oceanfront Center. The Oceanfront Center shall include all B-1 and B-1-A zoned land adjacent to State Road A1A or Commercial Boulevard, east of Seagrape and, for the purposes of determining underutilized spaces, shall include the El Prado and A1A parking lots.

2.

Commercial Business District. The Commercial Business District shall include all B-1 and B-1-A zoned land adjacent to Commercial Boulevard, west of Seagrape.

b.

Exemption maximum.

1.

District maximums. The maximum number of spaces available for exemption in each parking district shall be established by resolution of the Town Commission.

2.

Oceanfront Center. There shall be a maximum exemption of 30 parking spaces per eligible restaurant.

3.

Commercial Business District. There shall be a maximum exemption of 50 parking spaces per eligible restaurant.

c.

Eligible restaurant. An eligible restaurant shall be a commercial establishment where food and beverages are ordered and consumed on premises and serviced by its own kitchen. No restaurant kitchen may provide eligibility for parking exemption for more than one restaurant.

d.

Program duration. The parking exemption program shall last in each district for a period of four years, from March 8, 2011, to March 7, 2015, or until the maximum number of parking exemptions is allocated, whichever is earlier. However, during the four-year period, but after the initial allocation of the maximum number of parking exemptions in a district, the parking exemption program may be reactivated in that district if additional parking spaces are added to the total number of spaces available within the district, either by action of the Town Commission or expiration or loss of parking exemptions. Notwithstanding the foregoing, the Town Commission, may, for any reason and in its sole discretion, discontinue this parking exemption program at any point during the four years.

e.

Effect on 1995 exemption of pre-existing buildings, structures and uses from the parking requirement. The parking exemption program provided herein is supplemental to, and in no way changes the parking exemption established in 1995 in section 30-314(b). Any parking space exemptions provided under the parking exemption program are in addition to any parking credits that may exist under the 1995 program.

(4)

Status following end of program.

a.

Nonconforming. At the end of the parking exemption program, all restaurants built under the parking exemption program will become nonconforming uses, and shall be subject to the requirements of the nonconforming use provisions of the Town's Code of Ordinances. Notwithstanding the foregoing, restaurants or expansions of restaurants built under the parking exemption program may be completely remodeled or rebuilt without providing additional parking, as originally permitted through the parking exemption program, as long as the square footage of customer service area is not increased.

b.

Availability of exemptions to successor businesses. If an eligible restaurant has opened and is operating with any exemptions obtained pursuant to the parking exemption program those exemptions will remain with the property for the benefit of future uses, even after the restaurant receiving the exemption is gone.

c.

Changes in square footage or use. The parking space exemptions obtained pursuant to the parking exemption program shall remain with the property. The use of the property may change and the square footage may increase or decrease without losing the parking exemption spaces. If a change of use or expansion creates the need for additional parking spaces under the Code standards in effect at the time of building permit, those additional spaces must be provided.

(5)

Reports.

a.

Notice prior to maximum utilization by district. The Town Manager shall advise the Town Commission when spaces are allocated under this program, indicating the number of spaces allocated and the number of spaces available in each district.

b.

Bi-annual report. The Town Manager shall provide a bi-annual report to the Commission that describes the utilization, effectiveness and impacts of the parking exemption program.

(6)

Notice and hearing prior to expiration of program. Following public notice, the Town Commission shall conduct a public hearing and evaluation of the program's impacts at least six months prior to its expiration on March 7, 2015.

(s)

Retail stores: One parking space for each 225 square feet of floor area.

(t)

Shopping centers: Parking space requirements vary depending on the size in gross leasable area (GLA) and composition of the center according to the following table:

(u)

Single-family and duplex dwellings: Two parking spaces for each dwelling.

(v)

Theaters, movies or otherwise: One space for every three fixed seats, plus one parking space for each 200 square feet of floor area in assembly rooms with movable seats.

(w)

Uses not specifically mentioned: The requirements of off-street parking for any uses not specifically mentioned in this section shall be one space for every 200 square feet of floor area.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-01, § 3, 3-8-2011; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2012-06, § 4, 3-27-2012; Ord. No. 2012-12, § 2, 7-24-2012; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2014-14, § 4, 10-28-2014; Ord. No. 2015-17, § 6, 5-24-2016; Ord. No. 2017-09, § 4, 9-13-2017)

The following uses and activities shall not be permitted in required parking facilities:

(1)

Parking to serve an off-site use or activity unless in accordance with an off-street parking agreement approved by the Town in accordance with section 30-320.

(2)

Storage, repair or display of any vehicles, equipment or merchandise.

(3)

Parking of vehicles, which, due to its size, shape, contents or location creates an obstruction or public safety hazard, or which cannot be contained within a single designated parking space.

(4)

Off-street parking facilities supplied by the owner or operator to meet the requirements of these sections shall not be used by commercial vehicles owned, operated or used in the business or such owner during regular hours.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011)

(a)

Regulation of required parking, shared parking and off-site required parking. Parking spaces shall be located as follows:

(1)

On-site: Required parking spaces may be located upon the same plot or parcel of land the parking area is intended to serve.

(2)

Off-site: Required parking spaces may be located off-site, upon a plot of land owned or leased by the same person or business entity that owns the business which is served by the parking spaces that is:

a.

Located within the Town's corporate limits and zoned for business use; or

b.

Located in an RM-25 district, when the lot is adjacent to the business use; or

c.

On an RM-25 lot located within 50 feet of the RM-25 lot utilized for parking for the business under subsection (2)b. above.

d.

On a lot located north of Pine Avenue which is zoned RS-4, RS-5, RM-15, RM-16, or RM-25 and located within 500 feet of a non-residentially used lot, if approved as a conditional use and subject to the following:

1.

No more than 25 percent of the required parking for the non-residentially used lot may be provided on the off-site lot.

2.

Except as provided in subparagraph 8. of this subsection, the minimum lot size for off-site parking lots shall be 10,000 square feet of net area with a minimum street frontage of 100 feet on a public right-of-way at least 60 feet in width which is designated as a collector or arterial road on the Broward County Trafficways Plan.

3.

Except as provided in subparagraph 8. of this subsection, access to the parking lot shall only be from the designated collector or arterial road.

4.

A landscape buffer at least ten feet in depth shall be provided on all sides of the plot.

5.

A decorative, translucent visual barrier shall be provided at least two and one-half feet inside the perimeter of the required landscape buffer on any side which is contiguous to a residential district. The minimum height of such visual barrier shall be four feet and the maximum height shall be eight feet measured from the established grade. The visual barrier shall be in one of the following forms:

(i)

A translucent fence or wall; or

(ii)

Landscape material dense enough to provide only translucent visibility.

6.

The off-site parking facility must comply with all requirements of section 30-314, off-street parking; general requirements.

7.

No signs shall be permitted except entrance or exit signs or signs identifying the purpose of the off-site parking lot. Such signs shall be no larger than six square feet and not higher than four feet above the ground unless affixed flush on the required visual barrier. No exterior illumination of such signs shall be permitted.

8.

Off-site parking lots shall be used only for the temporary parking of operable, currently licensed private passenger vehicles of patrons of the non-residentially used property which the parking lot serves.

9.

Where a residentially zoned plot used for off-site parking is contiguous to or separated from the non-residentially used property it serves by a dedicated alley, such plot may be used for all or any portion of required parking for the non-residentially used plot it serves. The provisions of paragraphs 2. and 3. of this section shall not be applicable, provided the off-site parking is accessed only from the dedicated alley or from the non-residential plot it serves.

(3)

Shared: Required parking spaces may be permitted to be utilized for meeting the parking requirements of two or more separate permitted uses, when it is clearly established by the applicant that the two or more uses will utilize the spaces at different times of the day, as follows:

a.

Location. The two or more separate permitted uses must be on adjacent lots, in a complex, or on a unified development site.

b.

Study. The applicant shall prepare a shared parking study, using a methodology approved by the Town Manager, establishing the peak parking requirements of the permitted uses, based on a time of day occupancy analysis. The results of the study must be approved by the Town Commission.

c.

Change of hours. Any modification of the business hours of any of the businesses that results in a parking usage overlap shall result in revocation of the approval, or enforcement by the Town of the shared parking agreement required below, or both.

(4)

Requirements: Required parking which is off-site or shared parking must comply with the following:

a.

Users. Required parking is for the convenience of the employees, patrons or guests of the use providing the required parking.

b.

Overnight parking. Overnight parking of any size truck, commercial van, or trailer shall be prohibited as provided in chapter 19, article II of the Code of Ordinances.

c.

Fencing of parking lots in RM-25 district. Parking lots in the RM-25 district shall be enclosed by a ventilated concrete fence or hedge of not less than 42 inches nor more than 72 inches in height to conceal such parking.

d.

Agreement required. Use of either off-site or shared parking to meet required parking, wherever located, requires a shared parking agreement between the owner of the use and the owner of the parking spaces. The shared parking agreement must be in writing, provide cross access and ingress and egress if necessary, and provide for maintenance of the parking and enforcement of the agreement. The agreement shall run to the benefit of the Town and shall be binding upon any heirs, successors and assigns. The agreement shall include a provision whereby the owner of the use acknowledges that the continued validity of the use is contingent on a valid shared parking agreement, and that termination of the agreement shall result in revocation of the approval of the use, unless alternative parking is provided to meet the minimum parking requirement of the Town Code within 90 days of notice of termination. The agreement may be terminated only upon agreement of the Town Manager or his or her designee, which may be granted if: (a) each property standing on its own satisfies the off-street parking requirements established by the Code, or (b) Town or other off-street facilities will be provided within 90 days which meet the requirements of this article. A lease or rental agreement may be utilized as a shared parking agreement if it meets the requirements of this section. Any agreement pursuant to this section must be in a form approved by the Town Attorney and shall be recorded in the public records of Broward County.

(Ord. No. 361, 3-14-95; Ord. No. 2007-10, § 1, 9-25-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011; Ord. No. 2017-12, § 2(Exh. A), 11-14-2017)

The property owners of a qualifying property may reduce the number of additional required onsite or offsite parking spaces that are required by this Code by up to 100 percent by making a payment-in-lieu, which will be used for the construction and improvement of public parking as provided for in this section. This program shall be referred to as the PILOP program.

(a)

Applicability. The owner of a qualifying property may request a waiver of any or all of the required parking spaces, by substituting the payment of a fee per space in lieu of providing the parking spaces that are otherwise required to be provided onsite by section 30-318 or off site pursuant to section 30-320 of the Code.

(1)

Qualifying property. A property located in the B-l or B-l-A zoning district which:

a.

Require more parking than is designated for their use pursuant to the requirements of the Town Code;

b.

If new construction or redevelopment, are providing ground floor building street frontage; and

c.

If mixed use, at least one parking space is provided onsite for each residential unit as required by section 30-261 or 30-271 as applicable.

(2)

Prohibited use. The PILOP program shall not be used to reduce the amount of existing on-site parking.

(3)

Handicap parking exemption. The following is applicable if handicap parking is required at the time an application is submitted for or as a condition of the PILOP parking program.

a.

If a parking space(s) is removed to provide handicap parking; then the removed space shall be credited towards the total number of provided parking spaces. For example, a property had ten parking spaces and was required to provide a handicap space. The parking was reduced to nine total parking spaces (one of which was handicap). The property shall be credited with one parking space. If the applicant is required to provide a total of 12 parking spaces, the Town shall charge a fee for two spaces not three; and

b.

A PILOP parking fee shall not be required for the space credited due to the required addition of a handicap parking space, pursuant to subsection a. above.

(b)

Payment-in-lieu of parking (PILOP) fee. The PILOP fee per required parking space shall:

(1)

Be established by the Town Commission by resolution;

(2)

Not exceed the estimated cost of the Town providing one surface parking space including land cost;

(3)

Provide for an annual adjustment of the payment-in-lieu fee on October 1 based upon the percentage change in the assessed value of the property as determined by the Broward County Property Appraiser July 1 of every year;

(4)

Be assessed at the time of building permit application, at the rates and fees effective at the time of building permit application; and

(5)

Be updated by the Town Commission as needed to reflect changes in the cost of land, local construction costs, and any other information it deems relevant.

(c)

Payment and late fees.

(1)

Payment. The PILOP fee shall be paid:

a.

In full, prior to the issuance of the building permit or business tax receipt, whichever is earlier; or

b.

Over three years as follows:

1.

The first payment of 50 percent shall be made prior to issuance of a building permit or business tax receipt, whichever is earlier;

2.

The second and third payments of 25 percent each shall be made prior to the first and second anniversary of the first payment, respectively; and

3.

Year two and three payments shall be adjusted on October 1 based upon subsection (b)(3) above; and

4.

The terms and conditions of any payment plan permitted under this section shall be set forth in a PILOP fee agreement approved by the Town Manager in a form acceptable to the Town Attorney.

(2)

Non-refundable. All application fees and PILOP fees paid are non-refundable.

(3)

Late payments.

a.

For late payments, daily interest shall accrue on unpaid funds due to the Town under the PILOP program at the maximum statutory interest rate.

b.

Additionally, a charge in the amount of two percent of the total due, not to exceed $500.00 a week or portion thereof, shall be imposed for each day that the payment is late to cover the Town's costs in administering collection procedures.

(4)

Withdrawal from program.

a.

Any property owner in the PILOP program who has failed to either apply for a suspension of payment as described in subsection (6) below or pay the required payment within 120 days of the date on which it is due shall be regarded as having withdrawn from the program and shall be required to either:

1.

Provide the number of onsite parking spaces required by the then applicable land development regulations less the number of spaces that the property owner has paid for up to the default (the net required parking spaces);

2.

Cease the use; or

3.

Reduce the square footage of the use proportionately to the number of net required parking spaces provided, rounded down to the nearest fully paid space.

b.

Failure to comply with this section shall subject such property owner to enforcement procedures by the Town, and may result in fines and liens as provided by law.

c.

For purposes of this subsection, the "net required parking spaces" shall be calculated as illustrated: If the property owner agreed to a PILOP fee for ten parking spaces, and defaulted after paying 75 percent of the total PILOP fee, the property owner would be credited with seven parking spaces and required to provide three parking spaces or reduce their customer service area by the corresponding amount. Any fractional number of spaces for which the PILOP fee is not paid shall be rounded down to a whole number for purposes of this paragraph.

(5)

Credit of payment. Payments shall be applied in the following order:

a.

Penalties,

b.

Interest,

c.

Past due amounts, and

d.

Any current fees due.

(6)

Suspension of payment.

a.

Pursuant to the terms of the PILOP fee agreement, the property owner may request that their payments be suspended for a period not to exceed one year when the following conditions apply:

1.

Properties with one business: the business utilizing the spaces funded by the PILOP fee is closed or vacant for a period greater than 90 days; or

2.

Properties with more than one business: when more than 50 percent of the square footage of the building on the property is vacant or 75 percent of the business bays are closed or vacant, whichever is less, for a period greater than 90 days.

b.

Failure to reinState the PILOP fee payments within one year of suspension, shall deem the property withdrawn from the program and parking requirements shall be calculated pursuant to the requirements of subsection (c)(4) above.

(d)

Deposit of funds; account, use.

(1)

Funds generated by the PILOP program shall be deposited in the Town PILOP Parking General Ledger Account.

(2)

PILOP program funds shall only be used to complete parking and related improvements including, but not limited to activities such as:

a.

Acquire property for parking purposes, including any costs of acquisition;

b.

Pay fees for professional services related to the purchase, construction or maintenance of any type of parking facilities, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

c.

Construct, lease, contract, or otherwise provide off-street parking facilities for public use, including any off-site improvements incidental thereto;

d.

Design and construct on-site and off-site drainage facilities required by the construction of parking facilities or improvements thereto;

e.

Light parking and pedestrian areas;

f.

Landscape parking and pedestrian areas;

g.

Acquire capital equipment and technology for the improvement of the Town's on-street or off-street parking system;

h.

Provide public information to enhance parking utilization including publicity campaigns, websites, apps, graphics and signage, and other similar informational devices;

i.

Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram, or trolley service, or by related physical improvements, such as bus shelters or right-of-way modifications;

j.

Provide pedestrian improvements, such as crosswalks, pedestrian amenities, or traffic signals;

k.

Perform such other related activities as may be appropriate to carry out the intent of this section including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the public right-of-way, or contributing to maintenance of the public sidewalks;

l.

Repay monies borrowed, subsequent to the effective date of the ordinance from which this section is derived, from any budgetary fund of the Town which were used to fund capital improvements to the Town's parking system;

m.

Pay principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the Town to fund improvements and additions to the Town's parking system subsequent to the effective date of the ordinance from which this section is derived; or

n.

Pay costs related to the administration, collection, and implementation of the PILOP program.

(Ord. No. 2017-04, § 3, 4-25-2017)

(a)

Adequate space for loading and unloading of materials, goods or things, and for delivery and shopping, shall be provided and maintained as required by the Planning and Zoning Board on the same plot as the building which it serves.

(b)

Where any structure is enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring an off-street loading space, such space shall be supplied and maintained to comply with this section.

(c)

For the purposes of this section, an off-street loading space shall be an area at the grade level at least ten feet wide by 25 feet long with a 14-foot vertical clearance. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required loading space, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Such loading space shall also be accessible from the interior of any building it is intended to serve.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011)

Off-street parking for the disabled. Each site used or to be used for commercial or community facility shall provide parking for the disabled in the immediate vicinity of the building or buildings as follows:

(1)

Reference herein is made to total parking spaces in lot in relation to required number of accessible handicap spaces: Up to 25 equals one space; 26 to 50 equals two spaces; 51 to 75 equals three spaces; 76 to 100 equals four spaces; 101 to 150 equals five spaces; 151 to 200 equals six spaces; 201 to 300 equals seven spaces; 301 to 400 equals eight spaces; 401 to 500 equals nine spaces; 501 to 1,000 equals two percent of total; over 1,000 equals 20 plus one space for each 100 over 1,000.

(2)

All spaces have accessible thereto a curb ramp or curb cut, when necessary to allow access to the building served, in close proximity to the entrance and shall be located so that users will not be compelled to wheel behind parked vehicles.

(3)

Handicapped parking spaces shall be a minimum of 12 feet wide and 18 feet deep. Each such space shall be conspicuously outlined in blue paint.

(4)

Each such parking space shall be posted and maintained with a permanent sign of a color, size and design approved by the Florida Department of Transportation, bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY." All signs shall be on a free-standing metal support post in front of the space such sign is applicable to and the bottom of the sign shall be a minimum of six feet above the ground level.

(5)

Each such parking space shall be required as part of the parking and loading space requirement.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011)

The failure or neglect on the part of the owner or operator of a use or structure within the Town which is encompassed within the provisions of sections 30-314 through 30-323 of the Town of Lauderdale-By-The-Sea Land Development Code, to comply with all of the provisions of said sections shall constitute a violation of this Code.

(Ord. No. 361, 3-14-95; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2011-02, § 2, 3-22-2011)

(a)

Intent. The regulations and requirements of this section are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of telecommunications towers;

(2)

Provide for the appropriate location and development of telecommunication towers and antennas within the town;

(3)

Minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

(4)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(5)

Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, i.e., co-location, to reduce the number of towers needed.

(b)

Definitions.

Accessory use: A use incidental to, subordinate to, and subservient to the main use of the property.

Antenna: A transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Guyed tower: A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors.

Microwave, Dish antenna: A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

Monopole tower: A telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Panel antenna: An array of antennas designed to concentrate a radio signal in a particular area.

Self-support/lattice tower: A telecommunication tower that is constructed without guy wires and ground anchors.

Stealth facility: Any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to look like light poles, power poles or trees.

Telecommunication tower: A guyed, monopole or self-support/lattice tower, constructed as a free-standing structure, containing one or more antennas used in the provision of personal wireless services.

Whip antenna: A cylindrical antenna that transmits signals in 360 degrees.

(c)

Telecommunications towers.

(1)

Freestanding telecommunication towers may be permitted as an accessory use in the following zoning districts:

a.

(CF) Community facilities greater than 2½ acres. On property owned by the Town, the Town shall authorize the application and use of Town property after the applicant executes a lease agreement acceptable to the Town. The Town shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

(2)

Towers as part of existing utility poles may be permitted as an accessory use in the following zoning districts: B-1, B-1-A, B-2, and RM-50.

a.

Towers shall be constructed as part of the existing utility poles or as replacements for the existing utility poles. No freestanding towers constructed exclusively for personal wireless services shall be permitted.

(3)

Freestanding telecommunication towers shall be permitted, as a conditional use, in the B-2 zoning district provided the towers are an accessory use and subject to the procedure and requirements of the Code of Ordinances, the zoning code and other applicable rules and regulations. This provision does not preclude the use of vacant property in the B-2 zoning district; however, a monopole type stealth facility must be utilized.

(4)

Exceptions. The location of a new telecommunications tower in any zoning district other than those districts specified in this section must be approved as a special exception.

(5)

Minimum standards. Except where a special exception is granted, every telecommunications tower must meet the following minimum standards:

a.

Prior to the issuance of a building permit by the Building Division, Department of Community Services, a site development plan shall be presented for approval to the Planning Division, Department of Community Services. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by the Town's Code of Ordinances, the zoning code and other applicable rules and regulations. The Director of Community Services may waive all or some of these provisions for stealth towers which are designed to emulate existing structures already on the site, including, but not limited to, light standards or power poles.

b.

A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the South Florida Building Code, latest Broward County Edition, and any associated regulations including Electronic Industry Association/Telecommunications Industry Association standard for wind load; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two users and at a minimum, self-support/lattice or guyed towers shall be able to accommodate three users.

c.

Height/setbacks and related location requirements.

1.

The height of a telecommunications tower shall not exceed 150 feet. Tower height shall be measured from the crown of the road of the nearest public street.

2.

Telecommunication towers shall conform with the setbacks established for the underlying zoning district.

3.

Monopole, lattice or guyed telecommunication towers shall not be permitted within 250 feet of any residential district.

4.

Monopole, lattice or guyed telecommunication towers shall not be located within 750 feet of any existing monopole, lattice or guyed telecommunication tower.

5.

All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district.

d.

Aircraft hazard. Prior to the issuance of a building permit by the Building Division, Department of Community Services, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

e.

Approval required from other governmental agencies. Each application for a telecommunication tower may be required to include written approval or a statement of no objection from other Federal or State agencies that may regulate telecommunication tower siting, design, and construction.

f.

FCC emissions standards. All proposed telecommunication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.

g.

Buffering.

1.

An eight-foot fence or wall as measured from the finished grade of the site, shall be required around the base of any lattice tower and may be permitted around any accessory buildings or structures.

2.

Landscaping, consistent with the requirements of the Land Development Code, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The Town may require landscaping in excess of the requirements of the Town Code in order to enhance compatibility with adjacent residential and non-residential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall.

3.

Landscaping consistent with perimeter and on-site requirements of the Land Development Code shall be installed around any accessory buildings or structures.

h.

High voltage and "No Trespassing" warning signs.

1.

If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warnings signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart.

2.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart.

3.

The letters for the "HIGH VOLTAGE—DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence.

4.

The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

i.

Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made.

j.

Removal of abandoned or unused facilities. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within 90 days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. Telecommunication towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision.

k.

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited.

l.

Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in the Town's Code of Ordinances, the Town's zoning code, and in accordance with the provisions of the South Florida Building Code, latest Broward County Edition. All accessory buildings or structures shall require a building permit issued by the Building Division, Department of Community Services.

m.

Colors. Except where superseded by the requirements of other County, State, or Federal regulatory agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment such as noncontrasting gray.

n.

Non-interference. Each application to allow construction of a telecommunication tower shall include a certified statement that the construction and placement of the tower, will not interfere with public safety communications.

(6)

Inspections.

a.

Telecommunication tower owners shall submit a report to the Town Building Division, Department of Community Services, certifying structural and electrical integrity on the following schedule:

1.

Monopole towers—At least once every five years;

2.

Self-support/lattice towers—At least once every two years; and

3.

Guyed towers—At least once every two years.

b.

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the Building Division, Department of Community Services. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower.

c.

The Building Division, Department of Community Services, may conduct periodic inspections of telecommunication towers to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by Town to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(7)

Construction of any tower type other than stealth and monopole, including but not limited to lattice and guyed towers, shall require a special exception.

(8)

Telecommunications towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals.

(9)

Existing towers.

a.

Notwithstanding the above provisions of this section, telecommunications antennas may be placed on existing towers with sufficient loading capacity after approval by the Director of Community Services. The capacity shall be certified by an engineer licensed to practice in the State of Florida.

b.

Notwithstanding the above provisions of this section, towers in existence as of October 1, 1996, may be replaced with a tower of equal or less visual impact after approval by the Town Manager or his designee. However, if the proposed new tower would not be consistent with the minimum standards under this section, replacement must be approved by the Town Commission.

(d)

Antennas not located on telecommunications towers.

(1)

Antennas shall be permitted as follows:

a.

Stealth rooftop or building-mounted antennas may be permitted as an accessory use in the following zoning districts:

1.

RM-50.

b.

Non-stealth rooftop or building-mounted antennas shall only be conditionally permitted as an accessory use in the following zoning districts subject to the procedure and requirements provided elsewhere in this chapter:

1.

(B-1) Business.

2.

(B-2) Business.

3.

(CF) Community facility.

(2)

Minimum standards. Building or rooftop antennas shall be subject to the following minimum standards:

a.

Building rooftop stealth antennas shall be subject to the following minimum standards:

1.

No commercial advertising shall be allowed on an antenna;

2.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

3.

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height;

4.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area;

5.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. This shall be subject to administrative approval for consistency with the definition of stealth facility.

(b)

Building rooftop non-stealth antennas shall be subject to the following minimum standards:

1.

Antennas shall only be permitted on buildings which are at least 50 feet tall. Antennas may be placed on buildings less than 50 feet tall in the CF district if public safety needs warrant the antenna;

2.

Antennas may not extend more than 20 feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof in the CF district if public safety needs warrant additional height;

3.

Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated;

4.

No commercial advertising shall be allowed on an antenna;

5.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

6.

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height; and

7.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area.

(3)

Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the Town staff, why the stealth antenna cannot be used for the particular application.

This does not preclude a combination of the various types of antennas.

(4)

Antenna dimensions. Antenna dimensions shall be approved by the Director of Community Services as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, to certify the need for the required dimensions.

(5)

Aircraft hazard. Prior to the issuance of a building permit by the building division, department of community development, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(6)

Exceptions. The location of a new antenna in any zoning district other than those districts specified in this section shall be prohibited unless approved as a special exception.

(e)

Shared use of communication antennas.

(1)

Notwithstanding any other provision of this article, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, co-location of facilities on existing or new towers shall be encouraged by:

a.

Only issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or

b.

Giving preference to qualified shared facilities over other facilities in authorizing use at particular locations.

(2)

For a facility to become a "qualified shared facility", the facility owner must show that:

a.

The facility is appropriately designed for sharing; and

b.

The facility owner is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatory terms.

(3)

To satisfy the requirements of subsection (2)a of this section, the facility owner must submit a written evaluation of the structural capacity of the tower.

(4)

The requirements of subsection (2)b of this section will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer a similar contract to others. In other cases, the facility owner must enter into an agreement with the Town, acceptable to the Town, to offer space on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the facility removed, if the Town finds that the facility owner is not complying with its obligations under this section and associated agreements with the Town.

(5)

Co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single-use telecommunication towers. Accordingly, each application for a telecommunication tower shall include the following:

a.

A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower or towers is/are available. The evaluation shall analyze one or more of the following factors:

1.

Structural capacity of the tower or towers;

2.

Radio frequency interference;

3.

Geographical service area requirements;

4.

Mechanical or electrical incompatibility;

5.

Inability or ability to locate equipment on the tower or towers;

6.

Availability of towers for co-location;

7.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower.

8.

Additional information requested by the Town.

b.

The Town may deny an application if an available co-location is feasible and the application is not for such co-location.

(6)

A telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The Community Services Department shall retain a list of such towers, and will provide a copy of the list to all potential applicants. The Town may require additional sharing feasibility evaluations if warranted by changes in technology.

(7)

For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunication tower and the tower's load capacity to all other providers.

(f)

Applications. Unless otherwise authorized by State or Federal law, no person shall construct, install or maintain a telecommunications tower or antenna within the Town without the Town's approval pursuant to the requirements of this section. An applicant must submit an application form for a person to apply for the construction, installation, modification or placement of a telecommunications tower or antenna within the Town consistent with the terms of this section. All applications shall be accompanied by a non-refundable filing fee.

(1)

The Town Manager shall review the application for installation, modification or placement of a telecommunications tower or antenna for consistency with this section. For applications that are not subject to the Town Commission's approval pursuant to this section, the Town Manager shall issue a written decision either granting or denying an application. The Town Manager shall not grant an application for a proposed telecommunications tower or antenna that is not in compliance with this section. In the event that the Town Manager denies an application, the Town Manager shall set forth the reasons for denial in writing. It is the intent of this subsection to establish a procedure for compliance with the "written decision" and "substantial evidence" requirements of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii).

(2)

The Town Manager shall notify the applicant within 20 days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth in this section. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, would make the application properly completed.

(3)

In the event that the Town Manager determines that an application for a proposed telecommunications tower or antenna subject to Town Commission approval is not in compliance with this section, the Town Manager shall recommend that the Town Commission deny the application and shall set forth the reasons for denial in writing.

(4)

For an application for a telecommunications tower or antenna which is subject to its review, the Town Commission shall consider the application, the Town Manager's recommendation, and any additional evidence presented by the applicant, Town staff and the public.

(5)

Any decision of the Town Commission to deny an application shall authorize the Town Manager to set forth in writing the Town Commission's reasons for the denial.

(6)

The Town shall grant or deny each properly completed application for a co-location pursuant to subsection (e) of this section, based on the application's compliance with this section, and within the normal time frame for a similar building permit review, but in no case later than 45 business days after the date the application is determined to be properly completed. This time frame shall not apply to an application for collocation [co-location] on Town-owned property.

(7)

The Town shall grant or deny each properly completed application for any other telecommunications tower or antenna based on the application's compliance with this section and any other applicable law, including but not limited to the Code of Ordinances and within the normal time frame for a similar type of review, but in no case later than 90 business days after the date the application is determined to be properly completed. This time frame shall not apply to an application for a telecommunications tower or antenna on Town-owned property.

(8)

An application is deemed submitted or resubmitted on the date the application is received by the Town. If the Town does not notify the applicant in writing that the application is not completed in compliance with the Town's regulations within 20 business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the Town's regulations, the Town shall so notify the applicant in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the Town shall notify the applicant, in writing, within no more than 20 business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if the applicant does not cure the application deficiencies within 20 business days after receiving the notice of deficiencies, the application shall be considered withdrawn.

(9)

The time frames specified in this subsection may be extended because the Town's procedures which are generally applicable to the application for a telecommunications tower or antenna require action by the Town Commission, and such review has not taken place within the specified time frames. Under such circumstances, the Town Commission shall either grant or deny the application at its next regularly scheduled meeting.

(10)

The Town may request, but not require, a waiver of the time frames by the applicant, except that, with respect to a specific application, the Town may require a one-time waiver in the case of a declared local, State, or Federal emergency that directly affects the administration of all permitting activities of the Town.

(11)

Where action by the Town Commission or any other Town agency is required on an application for a permit pursuant to this subsection, the Town Manager may by letter to the applicant extend the time frame for a decision until the next available scheduled date of the Town Commission or agency as to whether to grant or deny an application for a permit taken pursuant to this section. Notwithstanding the foregoing, the applicant may voluntarily agree to waive the time frames set forth above.

(12)

If an application which is subject to administrative approval by the Town Manager is denied for noncompliance with the requirements of this section, the applicant may appeal this decision in accordance with section 30-531 of the Town Code.

(13)

The replacement or modification of an existing telecommunications tower or antenna, as defined in subsection (b) of this section, shall require a building permit only and shall not require additional approval under this section, provided that the Town Manager determines that:

a.

The replacement or modification will not cause the telecommunications tower or antenna to be readily discernible as different in size, type, and appearance when viewed from ground level from surrounding properties; or

b.

The replacement or modification is of a telecommunications tower or antenna which is not visible from surrounding properties.

(g)

The issuance of a permit, however, is not a lease and no municipally owned property may be used without a lease agreement with the Town. The Town may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for municipally owned property. This provision further does not preclude the Town from issuing a letter of interest for the purposes of leasing sites on designated Town property for the construction and installation of telecommunications towers and antennas. For designated neighborhood parks, the Town will encourage the installation of facilities which have a minimal impact on the surrounding areas and are consistent with the development of the park.

(Ord. No. 393, § 1, 7-22-97; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2013-03, § 3, 3-12-2013; Ord. No. 2014-13, § 2, 10-28-2014)

(a)

Required permit.

(1)

A permit shall be required for the construction, fabrication, installation, repair or replacement of any awning or canopy erected over public property, or over private property used for business purposes, or over private property when such structure is in whole or in part self-supported.

(2)

A building permit is not required for the repair or replacement of fabric awnings or canopies when the existing structural framework is not altered or removed and when such framework is otherwise in compliance with applicable codes and regulations.

(3)

A zoning permit is required for the repair or replacement of fabric awnings or canopies to ensure compliance with this section.

(b)

Construction requirements. Fabric awnings and canopies located over public property, over areas accessible to the public, over sidewalks or over other areas providing ingress or egress to a site or building shall be constructed:

(1)

So that no part of such fabric awning or canopy, including the cloth drop or valance, shall be less than eight feet from the sidewalk, or in absence of a sidewalk, the grade directly below, and

(2)

Of flame-resistant materials.

(c)

Permits for awnings or canopies extending over public property.

(1)

Hold harmless agreement. A permit for any awning or canopy extending from private property over any adjoining public property, public right-of-way or public easement may be issued only to a licensed contractor, and shall not be issued until the private property owner has executed a written hold harmless agreement which shall indemnify, defend, save and hold harmless the Town, its elected officials, officers, directors, agents and employees from any and all claims, liability, damages and causes of action which may arise out of such permit or the activities of the permittee and property owner.

(2)

General liability insurance.

a.

Prior to the issuance of the permit, the property owner shall obtain and maintain for the entire period that such awning or canopy exists commercial general liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury or property damage.

b.

The Town must be named as an additional insured on the policy, and an endorsement must be issued as part of the policy reflecting this requirement. All policies must be issued by companies authorized to do business in the State of Florida and must be rated no less than A-VI in the latest edition of "Best Key Rating Guide" published by A.M. Best Guide. The policy shall provide that the Town shall receive 45 days prior written notice prior to any cancellation, non-renewal or material change in the coverage provided.

c.

The property owner must provide an original certificate of insurance as evidence that the above requirements have been met prior to issuance of the permit. No improvements shall be installed until the Town approves the form of insurance provided as required herein.

d.

In the event that the property owner fails to maintain the required insurance or fails to properly maintain the awning or canopy in a safe, clean and attractive condition, the Town may order its immediate removal as a public nuisance and hazard.

(d)

Location. No awning or canopy shall:

(1)

Extend over public right-of-way for a distance more than five feet;

(2)

Extend any closer than 18 inches to the curb line, or where no curb is present, no closer than four feet to the edge of pavement of any street or drive aisle;

(3)

Extend any closer than five feet to any light or utility pole, tree trunk or traffic control pole or sign;

(4)

Obstruct cross-visibility at an intersection or driveway; and

(5)

Be enclosed with any material other than a valence that is not more than 18 inches in vertical depth or fabric roller curtains for temporary shade or weather protection.

(e)

Architectural review and aesthetic standards.

(1)

The placement of an awning on properties other than those zoned RS4, RS5 or RD10, or properties with less than five dwelling units in RM25, shall require architectural review as established in section 30-51 of this Code to ensure compatibility with the building color scheme and adjacent awning(s), if applicable. This review shall also ensure compatibility in shape, style and projection from the building(s).

(2)

All support columns for canopies shall be painted to match the building or shall be painted white.

(3)

The fabric of awnings and canopies may have no more than three colors and shall be limited to solid colors, stripes or other simple designs. No polka dot, checkerboard, floral or other exhibitionist patterns are permitted.

(4)

No day-glow, phosphorescent, iridescent or other exhibitionist colors shall be permitted.

(5)

Awnings and canopies may be illuminated with down lighting and may illuminate the areas under the awnings or canopies, however, translucent awnings or canopies shall not be internally illuminated in any way that would cause the awnings or canopies to glow.

(f)

Signage. Any signage, text, logo or other image on any awning or canopy is subject to separate permit and regulation under the sign regulations of the Town's Code of Ordinances.

(g)

Additional zoning district regulations. In addition to conforming with the requirements for such structures specified in the applicable zoning district regulations of the Town's Code of Ordinances, the following regulations shall apply:

(1)

RS-4, RS-5 and RD-10 Zoning District:

a.

Awnings shall be permitted within the required front, side and rear setbacks, but may extend from the supporting building wall no more than five feet and may extend no closer than five feet to a side or rear property line, nor 20 feet to a front property line.

(2)

RM-25, RM-50 and CF Zoning Districts:

a.

Awnings shall be permitted within the required front, side and rear setbacks, but may extend from the supporting building wall no more than five feet and may extend no closer than five feet to a side or rear property line, nor 20 feet to a front property line.

b.

Entranceway canopies to shelter an entrance walkway shall be permitted within the required front and side corner setbacks, but shall:

i.

Be limited to parcels with at least 100 feet of lot width,

ii.

Be limited to one such canopy per building per street frontage,

iii.

Extend no closer than 18 inches to the front or side corner property lines,

iv.

Be limited to the use of round, tubular steel pipe support columns of no more than four inches in diameter, and

v.

Not exceed a width of eight feet or a height of 12 feet.

(3)

B-1 and B-1-A Zoning Districts:

a.

Awnings shall be permitted within the required front, side corner and rear setbacks, but shall:

i.

Extend from the supporting building wall no more than nine feet, provided, it shall not extend more than five feet over the public right-of-way, and

ii.

Extend no closer than five feet to a rear property line.

b.

Entrance canopies may be permitted within the required front, side corner and rear setbacks and awnings and canopies may be permitted to extend from private property over adjoining public property, public right-of-way or public easement, but only with the specific approval of the Town Commission as part of site plan approval, and subject to any additional conditions, restrictions or safeguards that the Town Commission may deem appropriate.

(Ord. No. 2014-17, § 2, 11-18-2014)

Editor's note— Ord. No. 2014-17, § 2, adopted Nov. 18, 2014, amended § 30-326 in its entirety to read as herein set out. Former § 30-326 pertained to general regulations for window awnings and entrance canopies, and derived from Ord. No. 488, § 3, adopted Feb. 12, 2002; and Ord. No. 2007-14, § 2(Exh. A), adopted Sept. 25, 2007.

(a)

Applicability. Any regulation of vacation rentals in subsections 30-327(b), (c) and (e)—(q) shall be interpreted to also apply to short term rentals. Subsection 30-327(d) shall not apply to short term rentals.

(b)

Vacation rentals and short term rentals prohibited unless in compliance with this section. No person shall rent or lease all or any portion of a single-family or townhouse dwelling or a duplex/two-family dwelling, multifamily dwelling of three or four units, or dwelling unit in a mixed use development with one to four dwelling units in the Town's RS-4, RS-5, RD-10, RM-15, RM-16, RM-25 and RM-50 residential zoning districts or the B-1 or B-1-A business zoning districts as a vacation rental or short term rental as defined in section 30-11 of the Town Code without first: (i) obtaining a business tax receipt from the Town pursuant to chapter 12 of the Code, and (ii) complying with the supplemental regulations contained herein.

(c)

Compliance with codes. No person shall allow occupancy or possession of all or any portion of a single-family or townhouse dwelling or duplex/two-family or multifamily dwelling of three or four dwelling units or dwelling unit in a mixed use development with one to four dwelling units, as a vacation rental or short term rental if the dwelling is in violation of any zoning, building, housing, density, life/safety and fire codes or regulations.

(d)

Duration. No person shall allow occupancy or possession of all or any portion of a single-family or townhouse dwelling as a vacation rental for fewer than seven consecutive days. This restriction shall not apply to short term rentals.

(e)

Rental certificate. Any property owner, who wishes to use his or her property as a vacation rental or short term rental, must first apply for and receive a rental certificate from the Town, and renew the certificate annually for as long as the unit is used as a vacation or short term rental. Each dwelling used as a vacation rental or short term rental requires a separate rental certificate. An annual certificate fee shall be paid for each dwelling certified as a vacation rental or short term rental, in an amount to be determined by resolution of the Town Commission, to cover the costs of administration of the certificate and inspection program. Failure to comply with any of the requirements of this section shall be grounds for revocation or suspension of the certificate, in accordance with the requirements contained herein.

(f)

Application for a rental certificate. Each property owner seeking a rental certificate, or renewal of a rental certificate, shall submit an application in a form specified by the Town Manager or designee, along with an application fee in an amount to be determined by resolution of the Town Commission. At a minimum, the application shall include all of the following:

1.

The name, address and phone number of the owner(s) of record of the dwelling for which a certificate is sought; and

2.

The address of the dwelling to be used as a vacation rental or short term rental; and

3.

The name, address and phone number of the designated rental agent; and

4.

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements; and

5.

Proof of compliance with F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishments), and Rules 69A-43 (Uniform Fire Safety Standards for Transient Public Lodging Establishments) and 69A-60 (the Florida Fire Prevention Code), Florida Administrative Code, where applicable; and

6.

A copy of the Town's inspection report; and

7.

A sketch of the dwelling's floor plan and site, including parking areas; and

8.

The number and location of designated parking spaces legally available for occupants of the vacation rental or short term rental, excluding public parking spaces; and

9.

An indication of whether pets will be allowed in the dwelling; and

10.

The owner's agreement to use his or her best efforts to assure that the vacation rental or short term rental use of the dwelling will not disrupt the residential character of the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their residences; and

11.

Any other information that this section, or any rules and procedures for implementation of this section, requires the owner to provide to the Town as part of application for or renewal of a rental certificate.

(g)

Inspections/re-inspections of vacation rentals and short term rentals.

1.

An inspection of the dwelling for compliance with zoning, building, housing, density, life/safety and fire codes or regulations is required prior to issuance of a rental certificate. If violations are found, all violations must be corrected and the dwelling must be re-inspected prior to issuance of the rental certificate as provided herein. A combined inspection can be requested for purposes of the business tax receipt and the rental certificate for the vacation rental or the short term rental.

2.

Dwellings used for vacation rentals or short term rentals must be properly maintained and must be re-inspected annually.

3.

If the inspector(s) has made an appointment with the property owner to complete an inspection, and no adult person was at the dwelling to admit the officer at the scheduled time, the applicant shall be charged a "no show" fee in an amount to be determined by resolution of the Town Commission to cover the expense incurred by the Town.

4.

If the inspector(s) is denied admittance by the property owner, or if the inspector(s) fails in at least three attempts to complete an initial or renewal inspection of the dwelling because there was no adult person present to admit him or her, the inspector(s) shall provide notice of failure of inspection to the property owner by certified mail or other legal service to the address shown on the existing rental certificate, or the application for rental certificate. Within ten days after receipt or refusal of such notice, the property owner shall arrange for the inspector(s)' access to the dwelling for the completion of the required inspection.

(h)

Code violations.

1.

If an owner of a dwelling used for vacation rentals has been cited and found to be in violation of a zoning, building, housing, density, life/safety or fire code or regulation by the code enforcement special magistrate, the order of the special magistrate shall include payment of an administrative fee for each required inspection or re-inspection of the dwelling in an amount to be determined by resolution of the Town Commission. The required inspection fees shall be included as part of the administrative costs assessed by the Town and shall be included in any liens filed by the Town.

2.

Each day of renting a dwelling for vacation rental use or short term rental without having a rental certificate shall constitute a separate and distinct violation of this section.

(i)

Rental agent.

1.

The property owner shall designate a rental agent on its rental certificate application or renewal, and provide the agent's name, address and phone number. The property owner may serve as the rental agent. Alternatively, the owner may designate as his or her agent any natural person 18 years of age or older, who is: (i) customarily present at a business location within the Town for the purposes of transacting business, or (ii) actually resides within the Town. In order to be designated a rental agent, a person must first present the Town with written certification that he or she agrees to perform the duties specified in subsection 2. below.

2.

The duties of the rental agent are to:

a.

Be available at the listed phone number 24 hours a day, seven days a week to handle any problems arising from the vacation rental or short term rental use; and

b.

Be able and willing to come to the vacation rental or short term rental dwelling within three hours following notification from the Town of issues related to the vacation rental or short term rental; and

c.

Receive service of any notice of violation of this section; and

d.

Monitor the vacation rental or short term rental dwelling at least weekly to assure continued compliance with the requirements of this section.

3.

Rental agent status may be suspended or revoked by the Town Manager if a rental agent fails to perform any of the above-listed duties, after proper notice and hearing. The Town shall maintain a written record of its contacts with rental agents, including a notation of whether the agent responded within the three hours and how the issue was resolved.

a.

Suspension. The Town Manager may suspend a person's rental agent status for any or all vacation rental and short term rental property in the Town for minor violations for a period of time not to exceed three months, or until certain conditions have been complied with or violations cured.

b.

Revocation. The Town Manager may revoke a person's rental agent status for all vacation rental and short term rental property in the Town for major or repeated violations. After revocation of a property owner's rental certificate, the owner shall not reapply for a rental agent status for any vacation rental or short term rental property in the Town until the basis for the revocation has been resolved and in no event prior to six months following the date of revocation.

4.

An owner may change his or her designation of a rental agent temporarily or permanently; however, there shall only be one rental agent for each vacation rental and short term rental at any given time. To change the designated rental agent, the owner shall notify the Town in writing of the name, contact information and certifications required in subsection (i)1. above for the new rental agent and pay the applicable fee, if any, determined by resolution of the Town Commission. Any notice of violation or legal process which has been delivered or served upon the previous rental agent, prior to the Town's receipt of notice of change of the rental agent, shall be deemed effective service.

5.

It shall be the sole responsibility of the property owner to appoint a reliable rental agent and to inform the agent of his or her correct mailing address. Failure to do so shall not be a defense to a violation of this section. No property owner shall designate as a rental agent any person who does not expressly comply with the provisions of this section. The property owner or the rental agent shall be deemed to be the "violator" of this section as the term is used in F.S. § 162.06. Service of notice on the rental agent shall be deemed service of notice on the property owner, tenant and violator.

6.

A person may serve as a rental agent for one or more vacation rental or short term rental property owners if:

a.

The agent provides the Town with written authorization from each owner represented; and

b.

Each authorization must state that the owner has received a copy of, has reviewed and understands this section; and

c.

Each owner must sign the authorization and acknowledge the requirements of this section.

(j)

Vacation rental and short term rental occupants.

1.

Occupancy of a dwelling for vacation rental or short term rental use must not exceed two persons per bedroom, plus two persons for each additional 200 square feet of interior living area, with total occupancy not to exceed ten persons.

2.

The occupant(s) of each vacation rental or short term rental dwelling should receive a written copy of this section and the Town's pet, noise, and trash regulations.

3.

The written agreement between the property owner and the occupant(s) should specify all of the following:

a.

The name of all persons who will be occupying the dwelling; and

b.

The license tag numbers for all vehicles that the occupant(s) will be parking at the dwelling, with a total number not to exceed the number of legal parking spaces at the dwelling, as designated on the rental certificate; and

c.

The occupant(s)' agreement to abide by all the requirements of this section, and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else without a new agreement being entered into between the new occupant(s) and the owner; and

d.

The occupant(s)' acknowledgement and agreement that violation of the agreement or this section may result in immediate termination of the agreement and eviction from the vacation rental or short term rental unit by the owner or resident agent, and potential liability for payment of fines levied by the Town.

4.

Occupants may only park in the spaces designated on the rental certificate sketch, in compliance with chapter 19 of the Code.

5.

Any vessels must be moored at an onsite docking facility or stored in compliance with chapter 19 of this Code. No vessel docked at a vacation rental or short term rental shall be used for live-aboards, sleeping or overnight accommodations.

6.

All occupants must evacuate from the vacation rental or short term rental upon posting of any nonresident evacuation order.

7.

For all short term rentals:

a.

The use of the pool and pool deck or other outdoor facilities shall be limited to 8:00 a.m. to 10:00 p.m.; and

b.

The use of any machine or device for producing or reproducing any sound between the hours of 10:00 p.m. and 8:00 a.m., shall be allowed only within the fully enclosed short term rental unit and shall not be audible at the property line of the short term rental unit.

(k)

Vacation rental or short term rental dwelling.

1.

There shall be posted, in the dwelling on or within ten feet of the front door, all of the following information:

a.

The name, address and phone number of the rental agent; and

b.

The maximum occupancy of the dwelling; and

c.

The maximum number of vehicles that can be parked at the dwelling, along with a sketch of the location of the parking spaces; and

d.

The days of trash pickup, and a notice that trash shall not be left or stored outside the dwelling except after 6:00 p.m. on the day prior to pickup, and the trash containers shall be removed from the curb no later than 6:00 p.m. on the day of pickup; and

e.

The location of the nearest hospital and police station; and

f.

A legible copy of the rental certificate; and

g.

A legible copy of this section; and

h.

A legible copy of the agreement between the owner and the vacation rental or short term rental occupant(s), for the duration of the rental period covered by that agreement.

2.

Each vacation rental or short term rental must contain the covered trash container(s) provided by the Town's waste hauler. Placement of trash container(s) for curbside pickup shall be in compliance with Town regulations.

(l)

Revocation or suspension of rental certificate. Violation of this section, after proper notice and hearing, is a basis for revocation or suspension of a rental certificate.

1.

Suspension. The Town Manager may suspend the rental certificate for a specific period of time not to exceed six months, or until certain conditions have been complied with or violations cured.

2.

Revocation. The Town Manager may revoke the rental certificate. After revocation of a property owner's rental certificate, the owner shall not reapply for a rental certificate for any property in the Town until the basis for the revocation has been resolved and in no event prior to six months following the date of revocation.

3.

Penalty. If the property owner, after such revocation or suspension, thereafter continues to allow vacation rental or short term rental use of the dwelling, each day of continued use shall be a continuing violation subject to a fine up to the maximum permitted by law per day, which fine shall result in a lien upon the vacation rental or short term rental dwelling or other property of the owner as otherwise provided in this Code.

(m)

No limitation of remedies. Nothing in this section shall limit the Town from enforcement of its Code, State or Federal law by any other legal remedy available to the Town. Nothing in this section shall be construed to limit or supplant the power of the Inspector(s), Code Enforcement Officer or Code Enforcement Special Magistrate under the Town's ordinances, rules and regulations and the authority granted under State law, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance as defined under State law or the Town's ordinances, codes or regulations or to abate a nuisance by any other lawful means or proceedings.

(n)

Sale or transfer of dwelling unit used for vacation rental or short term rental use. Whenever a dwelling used for vacation rental or short term rental use is sold or otherwise changes ownership and the new owner desires to use the dwelling for vacation rental or short term rental use, the new owner must, prior to allowing any such use:

1.

Schedule and obtain an inspection of the dwelling with the Code Compliance Division; and

2.

Apply for a rental certificate for the vacation rental or short term rental use.

(o)

Rules and procedures. The Town Manager or designee may create rules and procedures to assist in the implementation of this section, including but not limited to a timeline and procedure for all existing vacation rentals and short term rentals to apply for and obtain their first rental certificate pursuant to this section in a manner consistent with available staff resources.

(p)

Existing rental uses.

(1)

Existing vacation rentals are those existing rentals or those subject to valid written agreements executed prior to the effective date of the ordinance [from which this section is derived], which obligate a property owner to rent a dwelling in violation of this section. Existing vacation rental uses shall comply with this section no later than May 26, 2010.

(2)

Existing short term rentals are those existing rentals or those subject to valid written agreements executed prior to April 25, 2017, which obligate a property owner to rent a dwelling in violation of this section. Existing short term rental uses shall comply with this section no later than September 30, 2017.

(q)

Appeals. A revocation or suspension of the rental certificate, or of rental agent status, by the Town Manager may be appealed to the Town Commission, as provided in this subsection.

1.

Applicability. The owner of a vacation rental or short term rental may file an appeal of a revocation or suspension of a rental certificate for the owner's property. A person may file an appeal of a revocation or suspension of his or her rental agent status.

2.

Filing of appeal. The appeal shall be filed within 30 days of receiving notice of the revocation or suspension by certified mail, in a form specified by the Town and accompanied by an application fee in an amount to be determined by resolution of the Town Commission. Failure to file an appeal within 30 days shall constitute a waiver of all rights to appeal the revocation or suspension.

3.

Notice and scheduling of appeal hearing. The public hearing on the appeal shall be scheduled for the first available Town Commission meeting following completion of the Town's review and evaluation of the application or such other time as is mutually agreed upon between the applicant and the Town Manager. If the appeal involves a rental certificate, the property owner shall be responsible for providing mailed notice of the hearing to all property owners located within 300 feet of the vacation rental's or short term rental's property line.

4.

Appeal hearing. At the public hearing, the Town Commission shall consider the appeal application, the relevant support materials, the Town Manager's recommendations, and public testimony given at the hearing. If, at any time during the public hearing, the Town Commission determines that the appeal is based upon incomplete or inaccurate information or misstatements of fact, it may deny the appeal or refer the application back to the Town Manager for further review and revised recommendations. The Town Commission shall presume the original decision of the Town Manager was correct, and shall only overturn such decision where there has been an error of fact or law. At the close of the public hearing, the Town Commission, by not less than a majority of the quorum present, shall approve a resolution granting, granting with conditions, or denying the appeal.

5.

Judicial relief. The applicant, or any aggrieved person who has opposed the appeal at the public hearing, may appeal the decision of the Town Commission by filing a petition for writ of certiorari in the circuit court in and for Broward County, in accordance with the procedures provided by the Florida Rules of Civil Procedure and the Florida Rules of Appellate Procedure.

(Ord. No. 2009-19, § 9, 5-26-09; Ord. No. 2009-30, § 8, 12-1-09; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2014-13, § 2, 10-28-2014; Ord. No. 2017-05, § 3, 4-25-2017)