ADULT DAY CARE: A state licensed community care use which provides programs and services for adults who need a protective setting during the day. The basic services include, but are not limited to: social activities, self-care training, nutritional meals, a place to rest, and respite care.

ALCOHOLIC BEVERAGE ESTABLISHMENT: An establishment that is licensed by the State of Florida to sell alcoholic beverages. Alcoholic beverage establishments fall into one (1) of several categories:

(1)

Bars and taverns: Means any establishment devoted primarily to the retailing and consumption on premises of alcoholic beverages,

(2)

Bottle clubs: Means any establishment engaged in the business of catering to patrons who bring alcoholic beverages for consumption on the premises with a mixer or other beverage, ice, food, or container furnished by the establishment for a consideration, or in connection with the viewing of, entertainment for a consideration, or where admission to the premises is for a consideration.

(3)

Cigar bar: An establishment designed for smoking of tobacco products sold at the establishment is permitted on the premises this use excludes hookah lounge. Florida Building Code ventilations requirements apply.

(4)

Hookah lounge/bar: a commercial establishment that has water pipes (also known as a hookah shisha, boory, argileh, nargile, hubble-bubble, goza, meassel, sheesha) for people to share pipefuls of either tobacco, dried fruit, or a combination of those which is burnt using coal and becomes smoke, then passes through an ornate water vessel and is inhaled through a hose.

(5)

Hotel bar: Means a bar or tavern operated in connection with a hotel with more than fifty (50) hotel rooms.

(6)

Package store: Means vendors licensed to sell all alcoholic beverages, but in sealed containers only, and for consumption off the premises. The sealed package must not be broken, and the contents must not be consumed in or on the premises, under a package store license.

(7)

Restaurant: See listing under restaurant for additional requirements.

(8)

Restaurant bar: Means a bar operated in connection with a restaurant.

AMPHITHEATRE: A public assembly use where tiers of seats rising around an indoor or outdoor court or stage is provided and where the use is intended for the viewing of entertainment events but that can be used for sporting events and other public gatherings, such as concerts or conventions. This land use also includes arenas movie theatres and performing arts centers. A major amphitheatre has five hundred (500) or more permanent seat while a minor amphitheatre has four hundred ninety-nine (499) permanent seats or less.

AMUSEMENT ROOM, GAME ROOM OR RECREATION CENTER: A commercial recreation use where the primary emphasis is on providing a place or facility for amusement, enjoyment, entertainment, play, recreation or any combination of same and that may include amusement devices. This land use shall not be construed to prohibit the activity authorized by Section 849.161(1)(a)(1), Florida Statutes, as may be amended from time to time or any games played in private homes or residences, bingo games, or a gambling establishment. Further, this land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development.

ANCILLARY SUPPORT USE: Studio use facilities designed to provide consumer services on the studio property and to reduce the need for off-site vehicle trips during business hours. Ancillary support uses include, but are not limited to, those facilities used for food services, banking services, hair salons, physical fitness, child care, commuter transportation, security, and the sale of sundries, studio merchandise and memorabilia if these uses are designed and operated to be available for employees and visitors, but are not available to the general public. Notwithstanding the above, banquet halls and indoor live entertainment are ancillary support services that may be made available to the general public.

ANIMAL HOSPITAL: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. An animal hospital may provide short term animal boarding not to exceed 7 days when incidental to such hospital use.

ATHLETIC COURT: A recreational use where an indoor or outdoor playing surface designed for formal athletic competition is provided, such as a basketball court, netball court, racquetball court, shuffleboard court, and tennis court. This land use may be classified as a commercial recreation use if primarily established for financial gain and if located within a commercial recreational zoning district.

ATHLETIC FIELD: A recreational use where a tract of land designed and developed with such improvements as is needed for formal athletic competition is provided, such as a baseball field, cricket field, football field, multi-purpose field and soccer field.

AUDITORIUM: A public assembly use maintained, used or intended to be used for the gathering of people as an audience. This land use includes conference or convention halls, exhibition halls, lecture halls and similar uses but not amphitheatres, banquet halls, dance halls, eating and drinking establishments, fraternal halls, houses of religious worship, libraries, museums, and stadiums.

AUTOMOBILE SALES: Display, sales or rental of new or used automobiles, trucks, motorcycles, recreation vehicles and trailers but where no repair, repainting or remodeling is done (see conditions Article III).

AUTOMOTIVE REPAIR: general automobile repairs and preventive maintenance including engine tuning and fluids, tire changing and repairing (but not including recapping), battery service, charging and replacement but not including repair or rebuilding, radiator cleaning and flushing, but not including repair or steam cleaning, lubrication, brake adjustment, replacement of brake cylinders, brake fluid lines, and brake shoes, front end and wheel alignment but shall not include straightening of automobile frames. All automobile repair and maintenance shall be conducted within an enclosed building (see conditions Article III).

AUTOMOTIVE REPAIR (MAJOR): An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, or mobile homes. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; and painting.

AUTOMOTIVE REPAIR (MINOR): An establishment engaged in light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; and tire shops. Vehicle parts are sold and are ordinarily installed on the premises.

AUTOMOTIVE SALES, CAR RENTAL (INDOOR AND OUTDOOR): Display, sales or rental of new or used automobiles, trucks, motorcycles, recreation vehicles and trailers but where no repair, repainting or remodeling is done. Display includes the public or private exhibition or advertisement of motorized and ancillary vehicles or vehicular parts or materials. Storage means a place where motorized or ancillary vehicles or vehicular parts or materials are reserved or kept for future use.

AUTOMOTIVE WRECKING: An industrial use upon premises where the service is the dismantling or dissembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. An automotive wrecking use is a prohibited use.

BANDSHELL: A recreation use where an outdoor stand or platform, often roofed, with a concave, almost hemispheric wall at the rear that serves as a sounding board for a band or orchestra.

BANQUET HALL: A personal services use accessory to a permitted primary use, where the entire building or property (or any combination or portion of the structure/property) is temporarily rented to any person to accommodate private events, functions or gatherings such as anniversaries, birthdays, graduation, weddings and similar celebrations but shall not include the use for religious worship more than five (5) days per calendar year. The sale of alcoholic beverages for on-premises consumption during the scheduled event and not open to the general public is allowed as an accessory and incidental use. This land use is allowed as a primary or principal use in some zoning districts and as an accessory use. This land use shall not be construed or interpreted to be a place of public assembly, event venue or a rental hall.

BATTING CAGE, PITCHING MACHINE, ARCHERY RANGE: A commercial recreation use where the primary emphasis is on providing a facility and services for hitting a baseball or target practice with bows and arrows (but excluding firearms). This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district.

BILLIARD OR POOL PARLOR: A commercial recreation use where the primary emphasis is on providing a facility open to and for the use by the public or to members that contains two (2) or more billiard or pool tables, or combination thereof, regardless of size. This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development.

BINGO PARLOR: A commercial recreation use where the primary emphasis is on providing a facility that is open to the general public for the conduct of bingo games. This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development.

BLEACHERS: An outdoor grandstand without a roof and typically with tiered boards for seating and footboards and whose purpose is to allow people to sit and watch an event. For purpose of parking and determining the number of seats, one (1) seat equals eighteen (18) inches.

BOWLING ALLEY: A commercial recreation use where the primary emphasis is on providing a facility that is open to the general public and with one (1) or more bowling lanes, equipment and playing area. This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district.

CAR WASH AND AUTO DETAILING: An establishment (automatic or hand wash) intended for the exterior washing of automobiles within an enclosed building or permanent structure. The cleaning of the interior of motor vehicles, waxing of the exterior detail work of motor vehicles, drying and exterior detail work of motor vehicles if any, may be permitted if the car wash is operating as the primary use. Automatic car wash shall be permitted as an accessory use to gas or service stations.

CHECK CASHING: A commercial use providing facilities for cashing checks, drafts, money orders and all other evidence of money for a fee, service charge or other consideration. This does not include pay day loan stores.

CHILDCARE, DAY: A child care use provided during the hours of 6:30 a.m. and 6:30 p.m. on Monday through Friday.

CHILDCARE, EVENING: A childcare use provided during the evening hours and may encompass the hours of 6:30 p.m. on Monday to 6:30 a.m. on Saturday to accommodate parents who work evenings and late-night shifts. This land use does not include family day care homes or large family day care homes. Notwithstanding, any family day care homes or large family day care homes state licensed in 2012 for evening childcare may continue to operate as a legal non-conforming use provided the use is not abandoned for six (6) months or more.

CHILDCARE, WEEKEND: A childcare use provided between the hours of 6:30 a.m. on Saturday and 6:30 a.m. on Monday. This land use does not include family day care homes or large family day care homes. Notwithstanding, any family day care homes or large family day care homes state licensed in 2012 for weekend childcare may continue to operate as a legal non-conforming use provided the use is not abandoned for six (6) months or more.

CLUBS, ATHLETIC, COUNTRY, FRATERNAL, PRIVATE, SOCIAL: A commercial recreation use where the primary emphasis is on providing a facility and services, catering primarily to its members, families and guests, and organized and operated primarily for fraternal, social or recreational purposes. This land use typically operates in conjunction with another principal use, such as a golf course, and allows as accessory and incidental uses such uses as food and beverage service.

COMMERCIAL KENNEL (ENCLOSED BUILDING): Located in an enclosed building in which household pets such as dogs, birds, ferrets, snakes or similar animals, are boarded or trained for a fee for temporary periods not exceeding thirty (30) days. May not be used for animal breeding or raising animals for sale.

COMMERCIAL RECREATION: Profit oriented amusements; commercial operation of sports and recreational services; commercial marinas; bingo parlor; athletic exercise and physical fitness facilities.

COMMUNITY GARDEN: Land, both managed and maintained by a public or private nonprofit organization and used for the cultivation, donation, or sale of edible produce, such as fruits, vegetables, and herbs, and for the benefit of the surrounding community.

CONSIGNMENT SHOP: A retail sales use engaged in accepting donated merchandise or purchasing used merchandise (such as books, clothing, decorative objects, furniture, household appliances, musical instruments, shoes and sporting goods) for resale to the general public and whereby merchandise is brought to the establishment and processed by marking, cleaning, sorting, and storing as a major part of the principal use. This land use does not include heavy equipment sales and rental, jewelry store, junkyard, metal and precious metals dealer, mobile collection center, recycling facility, or vehicular parts.

CONVENIENCE STORE: A commercial retail sales use where the primary emphasis is on providing for the benefit of persons living in the surrounding neighborhoods a limited variety and inventory of groceries, household items, periodicals, tobacco products, and self-service food and beverages necessary or desirable for everyday living and secondarily on providing for the convenience needs of persons in drive-by vehicular traffic. A land use shall be classified as a convenience store if it meets at least half of the below described characteristics:

• It has a size of two thousand five hundred (2,500) gross square feet or less if located on a collector or local roadway and a size of five thousand (5,000) gross square feet or less if located on an arterial roadways;

• It offers a limited variety of fresh fruits and vegetables and frozen fruit and vegetables;

• It offers a limited variety of fresh meat, poultry and seafood products and a limited variety of such frozen products;

• Alcoholic beverages, tobacco products, lottery tickets, pre-packaged snack foods and beverages account for thirty-five (35) percent or more of annual sales;

• It does not have self-opening doors upon entry and exist;

• It does not provide for five (5) or more push carts;

• It has two (2) cash registers or less; and

• It has two (2) employees or less per shift.

CORRECTIONAL AND JUDICIAL FACILITIES: A community facility use operated or sponsored or supervised or funded, in whole or in part, by a federal, state or county agency responsible for correctional or judicial services, such as but not limited to, the U.S. Department of Justice, the Florida Department of Corrections, the Florida Department of Juvenile Justice, the Florida Department of Law Enforcement, the Florida Parole Commission, the Florida Judicial Branch, and the Broward County Sheriff. This includes, but is not limited to correctional facilities, detention facilities, probation and parole offices, administrative offices, and courthouses, but does not include the City Police Station.

DIAGNOSTIC LABORATORY TESTING FACILITY: A medical facility use upon premises that provides diagnostic testing and laboratory services, such as X-rays, magnetic resonance imaging, blood testing, ultrasound, and similar medical services to patients referred by medical doctors outside of the diagnostic facility. A diagnostic laboratory testing facility does not include a medical office where practitioners diagnose or treat their patients.

DISTRIBUTION AND FULFILLMENT CENTER: A facility where goods or products are stored on-site temporarily for the purpose of delivery to a consumer. Such facilities may store refrigerated goods, and may include office space and a process area to be used by employees for sorting and packaging goods for delivery from available, on-site inventory. The delivery and sale of Alcohol and tabaco products shall require proper licensing from the Florida Division of Alcoholic Beverages and Tobacco and shall be for off-premises consumption only. The delivery and sale of medical marijuana shall be prohibited.

DOMESTIC AND BUSINESS SERVICE: Window cleaning, floor waxing, office cleaning and janitorial services; Septic tank service; Catering service; Linen, work clothing and uniform supply when laundry facilities are not located on the same premises; Maintenance, distribution and erection of display boards, signs, posters and related materials; Other domestic and business services of a similar nature.

EDUCATION, COLLEGE AND UNIVERSITY: An educational use where public or private post-secondary courses in multiple disciplines (such as general, business, professional, religious and scientific) are offered and where completion of the courses result in the receipt of an associate, bachelors, masters or doctoral degrees.

EDUCATION, INSTRUCTIONAL: An educational use for the express purpose of imparting specific knowledge or skills through short, intensive direct instruction from an expert to students individually or in groups. Illustrative examples are fine arts instruction (e.g., arts, dance, drama, and music), sports and competitive activities instruction (e.g., baseball, basketball, football, golf, gymnastics, netball, tennis, soccer, and swimming) martial arts instruction (e.g., karate, kung fu), cheerleading instruction, exercise and physical fitness instruction, and etiquette instruction. Instructional education does not include general education, remedial education or any substitute for or supplement to primary and secondary school education.

Instructional education is further distinguished from primary and secondary education and training education by the following characteristics:

• They do not serve food and do not allow students to bring food to the facility;

• They do not offer classes lasting longer than two (2) hours; and

• They do not have individual students on premises for more than two (2) hours in one (1) day.

EDUCATION, PRE-SCHOOL: An educational use for the daytime instruction of pre-school age children not yet receiving primary education and which includes nursery school and kindergarten. This land use does not include child care uses.

EDUCATION, PRIMARY AND SECONDARY, PUBLIC SCHOOLS: An educational use where instruction at the elementary, junior, or senior high school levels is provided in the branches of learning and study required to be taught in the public schools of the State of Florida. This land use does not include adult or child care, or pre-school education but allows remedial education as an accessory use.

EDUCATION, PRIMARY AND SECONDARY, CHARTER AND PRIVATE SCHOOLS: An educational use where instruction at the elementary, junior or senior high school levels is provided in branches of learning and study approved by, in the case of a charter school, the School Board of Broward County, Florida, or in the case of a private school, by the State and applicable accrediting agency. This land use does not include adult or child care, or pre-school education but allows remedial education as an accessory use.

EDUCATION, REMEDIAL: An educational use intended to provide supplemental training or tutoring for students receiving primary and secondary education on an individual basis. This land use does not include child care.

Remedial education is further distinguished from primary and secondary education and training education by the following characteristics:

• They do not serve food and do not allow students to bring food to the facility;

• They do not offer classes lasting longer than two (2) hours; and

• They do not have individual students on premises for more than two (2) hours in one (1) day.

EDUCATION, TRAINING: An educational use for the express purpose of imparting vocational and technical training in a variety of technical subjects and trades and that often leads to job-specific certification. Illustrative examples are apprenticeship training programs, aviation and flight training instruction, computer repair training (but not computer programming, software packages, computer operations), cosmetology training, electronic equipment repair training, modeling, nursing training (except academic), real estate schools and secretarial, stenographic and basic office skills training. School training does not include general education, remedial education or any substitute for or supplement to primary and secondary school education.

Training schools are further distinguished from primary and secondary schools and instructional schools by the following characteristics:

• Students are age seventeen (17) or older;

• Students are not attending or assigned to the training use in lieu of primary or secondary school education; and

• Students are taught individually or in groups of no more than thirty (30) students per instructor.

EVENT VENUE: A personal services use where the primary service is the temporary rental of any room or group of rooms, building or buildings, or portions thereof to any person to accommodate private events, functions or gatherings such as anniversaries, birthdays, graduation, weddings and similar celebrations but shall not include the use for religious worship more than five (5) days per calendar year. The sale of alcoholic beverages for on-premises consumption during the scheduled event and not open to the general public is allowed as an accessory and incidental use. This land use is allowed as an accessory use. This land use shall not be construed or interpreted to be a place of public assembly or a rental hall.

FINANCIAL INSTITUTION: A commercial use engaged in the primary and principal business of and providing facilities for financial and banking services to consumers or clients. Financial institutions include a state or federally chartered banks, savings and loan associations, saving banks, credit unions, lending companies, investment companies or industrial loan company and automatic teller machines. It does not include a check cashing/pay day loan store as defined herein or deferred presentment providers, money services businesses, and payday lending as defined in the Florida Statutes.

FINANCIAL INSTITUTION, DRIVE-THROUGH: A financial institution with one (1) or more drive-through lanes but not including one (1) or more drive-through lanes with an unmanned or stand alone automatic telling machine or machines.

FISHING: A recreational use providing for the catching of fish through the use of sports or similar equipment but excluding nets.

FITNESS CENTER, GYM, OR HEALTH AND WELLNESS SPA BUT EXCLUDING MASSAGE PARLOR: A commercial recreation use where the primary emphasis is on providing a facility with exercise equipment and amenities for members or nonmembers who engage in passive or active exercises and related activities performed for health (e.g., physical fitness, improved circulation or flexibility, weight control) and recreational purposes and associated services. This land use includes as accessory and incidental uses lockers, showers, saunas, whirlpools, swimming pools and similar uses.

A health and wellness spa may include such combination of services including massage, massage enhancements, waxing, hair removal enhancements, and facial services, skin care, manicure, pedicure, hair stylists. Health and wellness spa services are performed by State of Florida-licensed (Department of Business and Professional Regulation) barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, and estheticians and must be performed in a State of Florida-licensed salon/spa facility. A health and wellness spa facility must be two thousand eight hundred (2,800) gross square feet or larger.

This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development.

FOOD DISTRIBUTION CENTER: Any building or structure, or a portion thereof, of which the interior, or portion of the interior, is used to furnish meals to members of the public without cost or at a very low cost as a social service as defined herein, a food distribution center shall not be considered a restaurant.

GAMBLING ESTABLISHMENT: A commercial recreation use where the primary emphasis is on providing a place or facility where games of chance or skill are played and where any thing of value is waged, staked, hazarded, bet, won or lost. Characteristics associated with this land use include, but are not limited to: amusement devices; the provision of free drinks or food or both; the establishment or use of "odds" in forecasting an event, such as a sporting (e.g., dog and horse racing, baseball and football, etc.) event; and the playing of games, such as but not limited to baccarat, beat the banker, big injun, black jack, chemin de fer, chuck-a-luck, craps, fan-tan, faro, keno, klondike, monte, pai gow, panguingui, poker, roulette, seven-and-a-half, twenty-one, and similar games of chance or skill, This land use is prohibited within the City of Lauderhill but this land use shall not be construed to include games played by residents in their private homes or dwellings, a bingo game, or game operated by the Florida Lottery or to prohibit the activity authorized by Section 849.161(1)(a)(1), Florida Statutes, as may be amended from time to time.

GOLF COURSE AND DRIVING RANGE: A commercial recreation use where the primary emphasis is on providing either a tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards or a tract of land for driving golf balls and which may include as accessory and incidental uses a clubhouse, pro shop and shelters. This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development.

GOLF COURSE, MINI: A commercial recreation use where the primary emphasis is on providing a novelty version of golf played with a putter and a golf ball on a miniature course, typically with artificial playing surfaces and obstacles, such as bridges, tunnels and moving devices. This land use includes as accessory and incidental uses concession facilities.

GOVERNMENT OWNED USE: Owned and occupied by city, county, state or federal government.

GROCERY STORE: A commercial retail sales use devoted to the sale of food products for home preparation and consumption, which typically offer other home care and personal care products, and which are substantially larger in size and carry a broader range of merchandise than convenience stores. A land use shall be classified as a grocery store if it meets at all of the below described characteristics: it has a size between five thousand (5,000) and twenty-five thousand (25,000) gross square feet; it is located on a collector or arterial roadway; it offers a variety of fresh fruits and vegetables and frozen fruit and vegetables; it offers a variety of fresh meat, poultry and seafood products and a variety of such frozen products; it has self-opening doors upon entry and exit; it provides for five (5) or more push carts; it has at least three (3) cash registers; and at least fifty (50) percent of sales is in food products intended for off-premise preparation and consumption.

HELIPAD: A facility without the logistical support provided by a heliport where helicopters take off and land. Helipads do not include facilities for fueling, maintenance, parking, repair and storage of helicopters.

HELIPORT: A facility designated for the take off and landing of helicopters, including all necessary passenger and cargo terminals and operation facilities, such as fueling, maintenance, parking, repair and storage of helicopters.

HOLIDAY SALES: The short-term outdoor display, storage and sale of trees and plants around December 25 and fireworks around the Independence Day and New Year's Day holidays. The short-term outdoor display, storage and sale of other holiday-related merchandise around other recognized holidays (e.g., Valentine's Day, Easter, Mother's Day, Father's Day, Halloween and Thanksgiving Day), shall be allowed through the promotional license process.

HOME GARDEN: An accessory use to a single or multi-family residential dwelling consisting of an area of land on the exterior of a structure and used to plant, cultivate, and harvest fruit, vegetables, plants (excluding marijuana/cannabis) and flowers solely for the benefit of the property's residents or guests.

HOME OCCUPATION: Small-scale business which is conducted in the operator's principal residence, and, due to its small-scale nature, will have no negative impact upon the residential neighborhood.

HORTICULTURE: An accessory use to a retail sales use in which plants are grown for sale or their products for use in any business, and in which customarily incidental products may be sold. Examples include nurseries with greenhouses and garden stores.

HOUSE OF RELIGIOUS WORSHIP: A public assembly use where the primary emphasis is on providing a place where persons regularly gather for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. This land use includes as accessory uses administrative offices, childcare incidental to and coinciding with the delivery of worship services, religious training, prayer meetings, and special events, such as bagel breakfast and spaghetti dinner. This land use excludes administrative or business offices not in the same location as the house of religious worship, except where located in commercial zoning districts, community care uses, educational uses, facilities where food is dispensed or meals are served or consumed, and residential uses, including dormitories.

JEWELRY STORE: A retail sales use that principally specializes in the sale of new objects that are worn for personal adornment (such as bracelets, cuff links, necklaces, rings and watches), which objects typically include precious metals and stones (such as diamonds, emeralds and rubies). A jewelry store may as an accessory and incidental use purchase used jewelry from estate sales or from customers provided the jewelry is not substantially modified and is sold at retail on the premises.

JUNKYARD: An industrial use upon premises involving the storage or sale of used and discarded materials, including but not limited to appliances, building materials, household furnishings, machinery, metal, vehicles, equipment or parts thereof. A junkyard is a prohibited use; however, existing approved junkyards may continue to operate as a legal, non-conforming use.

LARGE FAMILY DAY CARE HOME: An accessory residential use consistent with Article III., Part 5.0., Subsection 5.46.3, where weekday child care between 7:00 a.m. and 6:00 p.m. is regularly provided for children from at least two (2) unrelated families, where a payment, fee, or grant for any of the children receiving care is received, whether or not operated for profit.

LAUNDROMAT, SELF SERVICE: Facility for washing and drying personal clothing by automated machines. Customers operate the machines located in the customer service area and staff of business is involved primarily in the maintenance of the facility and the machines.

LAUNDRY AND DRY CLEANING, FULL SERVICE: Laundry; Dry cleaning; Rug cleaning; Dying apparel and household fabrics; Linen, work clothing and uniform supply when laundry facilities are located on the same premises. No Cleaning equipment is located in the customer service area and cleaning is done entirely by the staff of business.

LIBRARY: A public assembly use where the primary emphasis is on providing a facility that serves as a repository for a collection of literary, musical, artistic, or reference materials, such as books, manuscripts, recordings, films, paintings, etc., and which materials are kept for public use or temporarily loaned to patrons.

LIVE ENTERTAINMENT, INDOOR: A commercial recreation use established for the purpose of allowing the performance of a musical, theatrical, dance, cabaret, comedy or similar act by one (1) or more persons, including a disk jockey, or for the purpose of allowing dancing by patrons and guests within a completely enclosed building. This land use includes such uses as a dance hall, dinner theatre, nightclub, and similar facility. This land use may be classified as a recreation use if not primarily established for financial gain and if located within a recreational zoning district or within a residential zoning district and intended to serve the residents of the residential development. A live entertainment (indoors) use shall not be interpreted to include any "sexually oriented business" or an alcoholic beverage establishment.

LIVE ENTERTAINMENT (OUTDOORS): A use whereby a musical, theatrical, dance, cabaret or comedy act is performed by one (1) or more persons, including a disk jockey, within any partially enclosed building structure or open space area. Live entertainment (outdoors) use does not include "adult entertainment establishment or use."

LIVE/WORK UNIT: A residential dwelling unit that includes flex space which may be used to be used as either a commercial or office use, limited to fifty (50) percent maximum of the residential unit area, to operate in accordance with the regulations outlined in Section 12-9 of the Code.

MANUFACTURING: Processing of materials; Boat yards; Excludes agricultural processing establishments, junkyards and mining; Includes research and testing laboratory.

MEDICAL MARIJUANA DISPENSING CENTER: A use or a structure occupied by a use involving acquiring, possessing, transferring, transporting, selling. distributing, delivering, or dispensing of medical marijuana, products containing marijuana, related supplies, or educational materials.

MEDICAL MARIJUANA ESTABLISHMENTS: Medical marijuana establishments are regulated under state law (F.S. Ch. 381.986). Medical marijuana related businesses that involve growing, processing or dispensing medical marijuana must be associated with a state licensed medical marijuana treatment center (MMTC). The state licensed MMTC will not be allowed to operate in the City of Lauderhill excluding the operation of medical marijuana health care establishments and medical marijuana dispensary centers in accordance to Section 5.50.

MEDICAL MARIJUANA HEALTH CARE ESTABLISHMENT: A physician's office where the primary medical services offered is the processing of physician certifications to qualify patients for the use of medical marijuana, patient care, and ordering of medical marijuana for qualified patients. Exterior advertising or signage or documentation from the Florida Department of Health may be used in determining if a physician's office will be classified as a medical marijuana health care establishment. The State of Florida defines qualified physicians as those that hold an active, unrestricted license as an allopathic physician under Chapter 458 or as an osteopathic physician under Chapter 459 and is in compliance with the physician's education requirements of SB 8-A (2017) and is not employed by or associated with a licensed MMTC.

A medical marijuana health care establishment is a physician's office where the primary medical services offered is diagnosis of a qualifying medical condition and the processing of physician certifications, (which means a qualified physician's authorization for a qualified patient to receive marijuana and related devices); patient care; and ordering of medical marijuana for qualified patients. A personal caregiver may acquire, transport, and administer marijuana to a qualified patient, and a qualified patient as defined in the Florida Constitution may possess and consume medical marijuana. Retail sales of medical marijuana are prohibited, unless in accordance with the medical marijuana dispensing center standards listed in Section 5.50(B.

MEDICAL MARIJUANA TREATMENT CENTER: (MMTC) per F.S. Ch. 381.986. An establishment licensed by the State of Florida Department of Health to engage in the cultivation, preparation, wholesale storage, distribution, transfer, processing and dispensing of medical marijuana and medical marijuana products and related supplies and which does not allow on-site consumption of marijuana or marijuana products. The state licensed MMTC will not be allowed to operate in the City of Lauderhill.

MENTAL HEALTH FACILITY: A community facility and medical facility use where the primary emphasis is on outpatient services for the care, treatment, habilitation, or rehabilitation of the mentally ill, the developmentally disabled, or substance abusers, including any area facility, licensable facility, private facility, residential facility, state facility, 24-hour facility, and Veteran's Administration facility, and where the use and its professional employees are legally operating with a license, permit or other written authority issued by the appropriate government entity.

METALS AND ELECTRONICS DEALER: An industrial use upon premises involving the purchase of scrap metals (such as aluminum, copper, iron and steel), precious metals (such as gold, platinum and silver) and their alloys, electronic equipment (such as cellular telephones) and its subsequent processing or sale. This is a prohibited land use; however, existing owners of such use may continue to operate until September 30, 2015. Thereafter, such use shall become an illegal and prohibited use.

MICROBREWERY, BREWERY, INCLUDING A TAPROOM: This land use classification includes a brewery or microbrewery, including a taproom that produces of beer and sells up to seventy-five (75) percent or more of its beer off-site. Microbreweries sell to the public by one (1) or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer through carry-outs and/or on-site taproom and does not operate significant food services

MINOR FOOD OUTLET: Any retail establishment that sells groceries and may offer food service to the public, but neither business activity is a major retail function based on allocated space (the shelf space for those items does not exceed twelve (12) linear feet) and no other food is sold by the minor food outlet, or gross sales.

MIXED USE DEVELOPMENT: A development parcel which includes a mixture of residential dwelling units and commercial uses. A mixed use development may consist of one of the following:

1.

Mixed use—single use buildings: A mixed use development where the residential and commercial uses are in separate buildings.

2.

Mixed use—mixed use buildings. A mixed use development with a combination of residential and commercial uses in the same building.

MOBILE COLLECTION CENTER: A mechanical depository, trailer or structure used for the collection and temporary storage of donated merchandise (e.g., Salvation Army bin) or recyclable goods (such as aluminum, electronic equipment, paper and plastic products), regardless of whether the merchandise is sold on the premises or transferred or delivered elsewhere for disposition. This is a prohibited land use.

MOBILE FOOD VENDOR: Means any person, firm, corporation or other entity licensed by the State of Florida as applicable and Broward County, and registered within the City, engaged specifically in the sale of food or food products outdoors from a mobile vending vehicle situated outside the public right-of-way.

MOBILE ICE CREAM VENDOR: Shall be considered any vendor operating from a vehicle which sells, or offers for sale, at least ninety (90) percent of its inventory consisting solely of ice cream products or related frozen dessert products, as more particularly defined in Florida Statutes Chapter 503, as may be amended from time to time, and offers for sale no more than ten (10) percent of other prepackaged products or goods which are nonice cream or nonrelated frozen dessert products.

MOBILE VENDOR: Means any person, firm, corporation or other entity licensed by the State of Florida as applicable and Broward County, engaged in the selling or offering for sale any and all goods, wares, beverages, merchandise, or services from a mobile vehicle situated outside the public right-of-way.

MUSEUM: A public assembly use where the primary emphasis is on providing a facility that serves as a repository for a collection of cultural, historical, natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended and designed to be used by the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of gifts and goods.

NEWSPAPER PUBLISHING AND PRINTING: Commercial and job printing services; Newspaper publishing and printing.

NONCOMMERCIAL AMUSEMENT FACILITY: Nonprofit oriented amusements; Noncommercial operation of sports and recreational services; Noncommercial marinas; Nonprofit clubs including golf, country, yacht, fraternal and related facilities.

NURSING/CONVALESCENT HOME: Provides lodging and long-term skilled nursing care for aged, chronically ill or convalescent patients; as defined by Florida Statutes.

OFFICE, BUSINESS: An office use upon premises where business services are performed, such as:

• Advertising, marketing and public relation services;

• Auditing and bookkeeping services;

• Credit reporting services;

• Detective and protective services;

• Insurance services;

• Legal services (e.g., paralegal, notary, court reporting but excluding law offices);

• Mailing and printing services;

• Modeling and talent agency services;

• Payroll services;

• Photographic services;

• Publishing, editing, and writing services;

• Real estate services;

• Tax preparation services;

• Translation and interpretation services;

• Travel services; and

• Surveying and mapping services.

OFFICE, GOVERNMENT: An office use upon premises where the administration of general governmental services are conducted but excluding any correctional, cultural, detention, educational, institutional, judicial, and public safety services.

OFFICE, MEDICAL (WITH CONTROLLED SUBSTANCE PRACTITIONER): Any office use upon premises where medical, chiropractic, or dental services are performed, by either a single health care practitioner or a group of health care practitioners providing primary or emergency care services and where one (1) or more of the practitioners has authority or is licensed to administer, dispense, distribute, manufacture, prepare or prescribe any substance named or described in Schedule II of F.S. § 893.03.

OFFICE, MEDICAL (WITH NON-CONTROLLED SUBSTANCE PRACTITIONER): Any office use upon premises where medical, chiropractic, or dental services are performed, by either a single health care practitioner or a group of health care practitioners providing primary or emergency care services and where none of the practitioners has authority or is licensed to administer, dispense, distribute, manufacture, prepare or prescribe any substance named or described in Schedule II of F.S. § 893.03.

OFFICE, MEDICAL AFTER HOURS: Any medical office use upon premises that operates between 7:01 p.m. and 6:59 a.m.

OFFICE, PROFESSIONAL: Any office use upon premises where professional services are conducted, such as:

• Accounting, tax preparation, bookkeeping and payroll services;

• Architectural services;

• Building inspection services;

• Computer programming, system design and related services;

• Engineering services;

• Environmental consulting services;

• Human resources consulting and management services;

• Industrial design services;

• Interior design services;

• Landscape architectural services;

• Legal services.

A professional use may be characterized as one requiring specialized knowledge and completion of intensive post-secondary educational studies typified by receipt of a bachelor, master or doctorate degree.

OPEN SPACE: A passive recreational use where land or water or both is intended to provide primarily for outdoor recreational use, natural resource protection, or visual relief to developed areas. This land use includes, but is not limited to, botanical gardens, canals, greenways (e.g., bikeways, pedestrian ways, etc.), lakes, multi-purpose trails, and similar passive recreational uses but excludes bridle trails. This land use may allow as an accessory use benches, boat docks and ramps, exercise and jogging stations, and picnic shelters.

OUTDOOR SEATING: Any partially enclosed building, structure, or open space where more than one (1) chair, one (1) or more benches or tables is situated, whether temporary or permanent.

OUTDOOR STORAGE: A light industrial or heavy commercial use primarily involving the keeping of personal or business property outside of an enclosed building for a period greater than twenty-four (24) hours but within a fully enclosed screened area designed and maintained so as not to be visible at street level from abutting property or rights-of-way. Typically stored property includes items that have a large size, mass, or volume and that are not easily moved or carried, such as: personal recreation vehicles and boats; recyclable materials, such as paper and plastic; construction materials, such as asphalt, bricks, and gravel; and business vehicles, such as bucket trucks and cement trucks. Outdoor storage does not include other uses defined herein, such as automotive wrecking and junkyard. It also does not include outdoor storage incidental or accessory to a new and used vehicular dealers. Through the special exception use process, the Board of Adjustment may provide for additional screening.

PAIN MANAGEMENT CLINIC: A community facility, medical facility use upon premises that advertise in any medium for any type of pain-management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing of controlled substances as identified in Schedule II, III, or IV in Section 893.03, and as further amended by Sections 893.035 or 893.0355, Florida Statutes. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than ninety (90) days after surgery. A pain management clinic does not include:

• A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session;

• A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state;

• A heath care practitioner when administering a controlled substance in the emergency room of a licensed hospital in this state; and

• A medical office use where the majority of physicians who provide services upon the premises primarily provide surgical services.

A pain management clinic is a prohibited use.

PARKING FACILITY: An off-street, hard-surfaced, ground level open area, or structure or portion thereof composed of one (1) or more levels, used exclusively for the temporary parking or storage of operable passenger automobiles, motorcycles, and commercial vehicles. Where the parking facility is a structure consisting of more than one (1) level, the ground floor level must be occupied by commercial uses.

PAY DAY LOAN STORE: A commercial use providing for short-term loans (less than forty-five (45) days) to individuals in exchange for personal checks as collateral.

PERSONAL SERVICES: A commercial use or activity upon premises and at a scale greater than home industry, established primarily for financial gain and for the provision of frequent or recurrent needed nonmedical services of a business, domestic or personal nature. It does not include mobile collection centers and those services specifically identified elsewhere.

• Personal services includes: installation, maintenance and repairs of business machines, computers, printers, typewriters, and similar specialized business equipment; repairs of household goods, such as bicycles, furniture and re-upholstery, musical instruments, radios, small electrical appliances, small engine repair (less than ten (10) horsepower), and televisions; locksmiths; renting or leasing of small miscellaneous merchandise, products or goods; barber shops, hair and nail salons; clothing rental, dry cleaning pick-up, garment, leather alteration and repair; body wrapping for weight loss or cellulite reduction; self-service laundromat, and shoe repairs.

• Personal services includes massage services by persons who are licensed as a massage therapist under Chapter 480 of the Florida Statutes and performed under one of the following situations:

1.

A massage of the upper body or feet and lower legs while fully clothed and seated in a chair or salon station.

2.

A massage administered in a hospital, medical clinic or in the office of a physician, chiropractor, osteopath, nurse, or physical therapist licensed by the State of Florida.

3.

A massage administered in a nursing home, convalescent care facility, assisted living facility, progressive care facility, life care facility, or as part of a licensed home health care program (such as hospice, for example).

4.

A massage administered at an organized public event, such as a health fair or sporting event, which is open for participation or viewing by the general public.

5.

A massage administered in a health and wellness spa facility may include such combination of services including massage, massage enhancements, waxing, hair removal enhancements, and facial services, skin care, manicure, pedicure, hair stylists. Health and wellness spa services are performed by State of Florida-licensed (Department of Business and Professional Regulation) barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, and estheticians and must be performed in a State of Florida-licensed salon/spa facility. a health and wellness spa facility must be two thousand eight hundred (2,800) gross square feet or larger.

• Personal services does not include funeral home services, tattoo services, massage services except as described above or any sexually oriented business.

PEST CONTROL SERVICES: A personal services use operating upon premises, and pertaining to the regulation, management or extermination of a species defined as a pest, usually because it is perceived to be detrimental to a person's health, the ecology, or the economy. Typical pest species include but are not limited to ants, bees and wasps, fleas and ticks, lawn bugs, mice and rats, roaches, spiders, and other Florida bugs.

PHARMACY: A commercial retail sales use where the specialty is the compounding, dispensing, storing or sale of medicinal drugs or where prescriptions are filled or dispensed on an outpatient basis and operating with a pharmacy permit issued by the Florida Board of Pharmacy as required by F.S. § 465.022. It shall be illegal for any pharmacy to compound, cultivate, dispense, distribute, fill, possess, store, sell or use medical marijuana (cannabis).

PHARMACY, DRIVE-THROUGH: A pharmacy with one (1) or more drive-through lanes.

PUBLIC TRANSPORTATION TERMINAL: Passenger transportation by rail or highway; Services related to public transportation; Incidental maintenance facilities.

RECYCLING FACILITY: An industrial use upon premises involving the indoor sorting, dismantling, baling or packaging and temporary indoor storage of used or discarded materials and the subsequent sale or processing for use as new materials or products. This land use does not include automotive wrecking, consignment shops, metal and precious metals dealer, and salvage yards.

REFUSE AREA: An accessory use intended for the collection and temporary storage of garbage and recycling materials that typically includes such structures as a dumpster, dumpster enclosure, trash compactor and recycling bin.

RENTAL HALL: A personal services use involving the rental of a room or group of rooms, building or buildings, or portions thereof to any person primarily to accommodate an event, function or gathering; such as an athletic event (e.g., boxing or wrestling match), an entertainment event (e.g., concert or play), a religious gathering (e.g., prayer and worship services) and similar functions that is open to the general public or to group membership. The sale of alcoholic beverages for on-premises consumption during the scheduled event is prohibited unless a temporary license for the sale of alcoholic beverages is received. This land use shall not be construed or interpreted to be a public assembly use and is prohibited as a primary or principal use and as an accessory use to a banquet hall. This land use may be allowed, through the discretionary special event permit process, as an accessory or incidental use within the local park and regional park zoning districts.

RESTAURANT: Any building, place, or structure, or any room or division in a building, place, or structure where food or beverages is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. A restaurant does not include:

• Any place maintained and operated by a public or private school, college, or university for the use of students and faculty or temporarily to serve such events as fairs, carnivals, and athletic contests;

• Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization for the use of members and associates or temporarily to serve such events as fairs, carnivals, or athletic contests;

• Any vehicle where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises or roadways;

• Any eating place located on a common carrier, such as an airplane, train, bus, or watercraft;

• Any eating place maintained by a hospital, nursing home, sanitarium, special residential facility, adult day care center, or other similar place that is regulated under s. 381.007;

• Any minor food outlet;

• Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation;

• Any theater or performing arts center, if the primary use is as a theater or performing arts center and if patron service is limited to food items customarily served to the admittees of theaters or performing arts center;

• Any vending machine that dispenses any food or beverages.

RESTAURANT, SIT DOWN, LOW TURNOVER: A restaurant located in-line in a multi-tenant structure or a freestanding structure. Such restaurant shall not have a drive through facility or exterior walk-up window or counter. Take-out service is permitted. An eating establishment with average table turnover rates of one (1) hour, or longer. Generally, these uses do not serve breakfast, some serve lunch, and all serve dinner: in addition, wait service is provided, usually tables are cloth covered, and usually napkins are cloth as well. These uses do not have drive-through windows, generally do not have a significant amount of moderately priced or inexpensive entrees, do not usually have a significant amount of take-out business, and usually do not have extended early morning (i.e. 2:00 a.m.) operating hours.

RESTAURANT, SIT DOWN, HIGH TURNOVER: A restaurant located in-line in a multi-tenant structure or a freestanding structure. Such restaurant shall not have a drive through facility. Walk-up window or counter may be permitted subject to the conditions in Section 5.32.2(G). Take-out service is permitted. An eating establishment where average table turnover rates are less than one (1) hour. Except for those specializing in breakfast meals, these restaurants usually have extended operating hours. These restaurants often have portions of meals or entrees pre-prepared without any reference to a particular menu order: however, at least some portion of the meals are prepared as a result of a menu order. Take-out service is usually significant. Entrees are usually moderately priced or inexpensive. The high turnover, sit-down restaurant industry has a significant amount of franchised or "chain" operations. In addition, a significant amount of high turnover, sit-down restaurants are small in size and do not have a broad range of food types offered for consumption, are theme oriented, or offer food items from menus which are standardized throughout the state, southeast region, or the country. Rarely are tables covered with cloth, and additionally, cloth napkins are rare. If a particular restaurant could reasonably be classified as a high turnover, sit-down restaurant or a low turnover, sit-down restaurant; it shall be presumed to be a high turnover, sit-down restaurant for purposes of this zoning code.

RESTAURANT, SIT DOWN, HIGH TURNOVER WITH DRIVE-THROUGH: (See Article III, Section 5 for additional requirements.)

RESTAURANT, FAST FOOD IN-LINE: A restaurant located within a multi-tenant structure. Such restaurant shall not have a drive-through facility. Walk-up window or counter may be permitted subject to the conditions in Section 5.32.2(G). Take-out service is permitted. An eating establishment whose principal business is the sale of food and beverages in a ready-to-eat state (usually prepared without any reference to a specific menu order) for consumption on premises or for carry out and consumption off-premises. and whose principal method of operation is food which is packaged for delivery in paper, plastic, metallic foil, or disposable containers, and where service is provided over-the-counter with no waiting table service. Usually menus are posted in plain view at the area where the order is taken and this area is different than the area where food is consumed. If a particular restaurant could reasonably be classified as either a fast food restaurant or a high turnover, sit-down restaurant: it shall be deemed a fast food restaurant for purposes of this zoning code. (See Article III, Section 5 for additional requirements).

RESTAURANT, FAST FOOD WITH OR WITHOUT DRIVE-THROUGH: A restaurant located in a freestanding structure that includes a drive-through service. Walk-up window or counter may be permitted subject to the conditions in Section 5.32.2(G). An eating establishment whose principal business is the sale of food and beverages in a ready-to-eat state (usually prepared without any reference to a specific menu order) for consumption on premises or for carry out and consumption off-premises, and whose principal method of operation is food which is packaged for delivery in paper, plastic, metallic foil, or disposable containers, and where service is provided over-the-counter with no waiting table service. Usually menus are posted in plain view at the area where the order is taken and this area is different than the area where food is consumed. Drive-through service is common. If a particular restaurant could reasonably be classified as either a fast food restaurant or a high turnover, sit-down restaurant, it shall be deemed a fast food restaurant for purposes of this zoning code. (See Article III, Section 5 for additional requirements).

RETAIL SALES: A commercial use or activity upon premises and at a scale greater than home industry established primarily for financial gain wherein goods or merchandise are marketed, displayed, and sold in small quantities directly to the ultimate consumer and where such goods are available for immediate purchase and removal from the premises by the consumer. Retail sales use includes the marketing, display, storage, sales, and rental of goods and merchandise. Retail sales use excludes consignment shops, convenience stores, firearms, heavy equipment sales and rental, mobile food sales, pawnshops, pharmacies, restaurants, service stations, vehicular sales and repairs, and those retail sales uses specifically identified elsewhere. Four (4) types of retail sales uses are established:

• Neighborhood-scale: A retail sales use of less than ten thousand (10,000) square feet of gross floor area.

• Community-scale: A retail sales use of more than ten thousand (10,000) square feet of gross floor area and less than thirty thousand (30,000) square feet of gross floor area.

• City-scale: A retail sales use of more than thirty thousand (30,000) square feet of gross floor area and less than seventy-five thousand (75,000) square feet of gross floor area.

• Regional-scale: A retail sales use of more than seventy-five thousand (75,000) square feet of gross floor area.

SCRAP METAL PROCESSING PLANT: An establishment or place of business (indoors and/or outdoors) maintaining and operating machinery and equipment used to process scrap iron, steel, and other any other metals for the purposes of recycling and/or sales to the public. The business or use might also be commonly known and licensed as a secondhand dealer pursuant to Florida Statute Chapter 538, as amended from time to time.

SELF-SERVICE STORAGE FACILITY: Any real property designed and used for the purpose of renting or leasing individual storage space to tenants who are to have access to such space for the purpose of storing and removing personal property. No individual storage space may be used for residential purposes.

SEXUALLY ORIENTED BUSINESS: An "adult arcade," an "adult bookstore," an "adult motion picture theater," a "semi-nude lounge," or a "sex paraphernalia store," as those terms are defined in Section 12-192 of the City of Lauderhill Code of Ordinances.

SHORT-TERM VACATION RENTALS: A short-term vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family or four-family house or dwelling unit within a single complex of buildings which is advertised and/or rented to guests more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. but that is not a timeshare project.

SKATING RINK: A commercial recreation use wherein the primary emphasis is on providing a facility, whether indoor or outdoor, that is designed for persons riding in-line skates, roller skates, or ice skates but not skateboards.

SPECIAL RESIDENTIAL FACILITIES: A state licensed community care use which provides a living environment for unrelated individuals who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The residents are limited to the special needs population. The three (3) types of special residential facilities include:

• Category 1: A special residential facility for six (6) or fewer residents.

• Category 2: A special residential facility for seven (7) to fourteen (14) residents.

• Category 3: A special residential facility for more than fourteen (14) residents.

This land use includes adult family care homes, assisted living facilities, community residential homes as defined in F.S. ch. 419, and nursing homes. It does not include adult day care, childcare or residential treatment uses.

SPECIALTY FOOD STORE: A commercial retail sales use primarily engaged in the sale of a single food category (such as meat and seafood markets, produce markets and stands, dairy stores, candy and nut stores, and retail bakeries) or engaged in selling food products associated with a particular nationality, religious observation, dietary practice or cuisine. A land use shall be classified as a specialty food store if it has the following characteristics:

• Specialty food products represent at least seventy (70) percent of the cost of the inventory; and

• Alcoholic beverages, tobacco products, lottery tickets, pre-packaged snack foods and beverages account for thirty-five (35) percent or less of annual sales.

In addition, as a pre-condition to the issuance or annual re-issuance of a Certificate of Use or Local Business Tax Receipt, the operator shall provide substantial competent evidence of compliance with the two (2) above-described requirements.

STADIUM: A public assembly use wherein the primary emphasis is on providing a facility with tiers of seats or bleachers rising around an athletic field, intended for the viewing of athletic events but that can be used for entertainment and other public gatherings, such as concerts or conventions. A major stadium has five hundred (500) or more permanent seats while a minor stadium has four hundred ninety-nine (499) permanent seats or less.

STUDIO OFFICE USE: Studio use facilities in which the occupants conduct their primary work activity at a desk or non-technical work station, either within a private office or in an open area, together with facilities used for office related support functions including, but not limited to, conference rooms, reception and waiting rooms, files, copying, coffee rooms, bathrooms, and which are not otherwise designated for studio production/post production use, support use or ancillary support use.

STUDIO OPERATIONS: Activities related to the physical production (on sound stages, outdoor sets, television facilities and other locations), recording, broadcasting, transmission or editing (including special effects and music) of motion pictures, television and radio programming, video recordings, audio recordings, publications and any evolution of the foregoing, including maintenance and repair and construction of sets used in production which are not buildings intended for permanent occupancy.

STUDIO PRODUCTION/POST-PRODUCTION USE: Studio use facilities primarily used for (1) filming, video and audio taping, recording, publication ort transmission, visual or aural special effects or both; and (2) processing, screening, editing or otherwise converting films, video or audio tapes, or other material into products for sale, licensing, transmission or distribution.

STUDIO PROPERTY: The property where the studio use is located.

STUDIO USE: Facilities primarily for the acquisition, creation, development, production (on sound stages, outdoor sets, television facilities and other locations), reproduction, recording, transmission, reception, publicizing, merchandising, marketing, promotion, licensing, sales, leasing, financing, distribution and other exploitation of visual, print or aural works or both, products, services, rights and communications. Examples of such works include, but are not limited to, motion pictures, television and radio programming, video recordings, audio recordings, publications and any evolution of the foregoing, as well as the management and administration thereof. Studio use facilities include those designated for studio office use, studio production/post-production use, support use, ancillary support use and related parking. Studio use shall not include the printing of books, magazines, newspapers or other materials except as otherwise related to studio use.

SUPERMARKET: A commercial retail sales use devoted to the sale of food products for home preparation and consumption, which typically offer other home care and personal care products, and which are substantially larger in size and carry a broader range of merchandise than a grocery store. A land use shall be classified as a supermarket if it meets at least half of the below described characteristics:

• It has a minimum size of twenty-five thousand (25,000) gross square feet;

• It has meat, fresh produce, dairy, and baked goods departments along with shelf space reserved for canned and packaged goods as well as for various nonfood items such as household cleaners, pharmacy products, and pet supplies;

• It uses extensive advertisements in newspaper and other media;

• It present elaborate in-store displays of products; and

• It is supplied by the distribution center of its parent company.

SUPPORT USE: Studio use facilities primarily used for storage, utilities, central heating and cooling, set manufacturing, and equipment maintenance and repair.

TEMPORARY FOOD SERVICE EVENT: Any event of thirty (30) days or less in duration where food is prepared, served, or sold to the general public.

TOBACCO STORE: A commercial retail sales use where the primary or principal use is the sale of tobacco products and the use has a retail tobacco products dealer permit under Section 569.003, Florida Statutes.

TUBE RIDE: A commercial recreation or recreation use that may consist of an area of land together with an area of water where persons ride on a floating device.

UTILITIES: Services essential for the public health and welfare, including electricity, telephone, water, sewer and gas.

WATER PLAY AREA: A commercial recreation or recreation use that typically includes an area of land developed with water related play facilities, such as cranks, valves, nets, spray features and similar facilities.

WATER SLIDE: A commercial recreation or recreation use that may consist [of] an area of land together with a ladder, platform and chute elevated on one end and where the use of water in the chute facilitates the descent of persons.

WELDING SHOP: The use of land or building or structure where pieces of metal are joined by applying heat, sometimes with pressure and sometimes with an intermediate or filler metal having a high melting point.

WHOLESALE SALES: Sales which are made to retail establishments which are located off the property whereon the business which is selling the product is located.

(Ord. No. 95-127, § 2, 6-12-95; Ord. No. 95O-169, § 2, 11-27-95; Ord. No. 96O-161, § 1, 11-25-96; Ord. No. 00O-5-25, § 1, 6-12-00; Ord. No. 03O-01-103, § 1, 1-27-03; Ord. No. 03O-03-126, § 1, 4-14-03; Ord. No. 03O-05-151, § 1, 6-9-03; Ord. No. 03O-07-168, § 1, 8-25-03; Ord. No. 04O-07-151, § 1, 8-30-04; Ord. No. 05O-01-104, § 1, 1-31-05; Ord. No. 06O-07-141, § 1, 9-25-06; Ord. No. 06O-10-176, § 3, 11-13-06; Ord. No. 07O-02-112, § 1, 4-9-07; Ord. No. 07O-06-127, § 1, 6-25-07; Ord. No. 07O-08-146, § 1, 9-10-07; Ord. No. 08O-02-104, § 3, 2-25-08; Ord. No. 08O-02-105, §§ 1, 3, 6-30-08; Ord. No. 08O-10-156, § 1, 11-24-08; Ord. No. 09O-03-115, § 1, 3-30-09; Ord. No. 09O-07-132, § 1, 8-31-09; Ord. No. 09O-07-133, § 1, 8-31-09; Ord. No. 01O-04-116, § 1, 4-26-2010; Ord. No. 10O-05-124, § 2, 6-14-2010; Ord. No. 10O-05-125, § 2, 6-14-2010; Ord. No. 10O-12-173, § 1, 1-10-2011; Ord. No. 11O-01-101, § 1, 1-31-2011; Ord. No. 11O-04-119, § 1, 4-25-2011; Ord. No. 11O-04-121, § 1, 4-25-2011; Ord. No. 12O-06-123, § 1, 7-9-2012; Ord. No. 12O-06-127, § 1, 7-9-2012; Ord. No. 12O-09-147, § 2, 9-24-2012; Ord. No. 12O-09-148, § 2, 9-12-2012; Ord. No. 12O-10-150, § 1, 11-26-2012; Ord. No. 13O-01-103, § 2, 1-28-2013; Ord. No. 13O-01-104, § 2, 1-28-2013; Ord. No. 13O-01-106, § 2, 1-28-2013; Ord. No. 13O-03-110, § 2, 4-8-2013; Ord. No. 13O-05-119, § 1, 6-10-2013; Ord. No. 13O-05-120, § 1, 6-10-2013; Ord. No. 13O-09-150, § 1, 12-9-2013; Ord. No. 14O-05-120, § 2, 7-14-2014; Ord. No. 14O-06-127, § 1, 6-30-2014; Ord. No. 14O-08-133, § 1, 9-15-2014; Ord. No. 15O-05-118, § 3, 6-8-2015; Ord. No. 15O-06-124, § 3, 7-13-2015; Ord. No. 15O-08-129, § 9(Exh. 1), 9-11-2015; Ord. No. 15O-10-146, § 3, 11-9-2015; Ord. No. 16O-02-107, § 3, 3-28-2016; Ord. No. 16O-04-112, § 1, 4-25-2016; Ord. No. 16O-09-146, § 5, 10-31-2016; Ord. No. 16O-09-144, § 1, 11-28-2016; Ord. No. 17O-01-105, § 1, 2-13-2017; Ord. No. 18O-04-109, § 1, 5-14-2018; Ord. No. 18O-07-125, § 1, 8-27-2018; Ord. No. 19O-08-114, § 3, 9-12-2019; Ord. No. 19O-08-116, § 1, 9-12-2019; Ord. No. 20O-02-106, § 1, 2-24-2020; Ord. No. Ord. No. 20O-08-122, § 2, 9-29-2020; Ord. No. 21O-01-100, § 3, 1-25-2021; Ord. 21O-03-108, § 1, 5-10-2021; Ord. No. 21O-12-161, § 1, 1-10-2022; Ord. No. 22O-01-101, § 2, 2-14-2022; Ord. No. 22O-06-117, § 1, 6-27-2022; Ord. No. 23O-10-136, § 1, 11-13-2023; Ord. No. 24O-02-109, § 1, 3-25-2024; Ord. No. 25O-02-107, § 3, 5-12-2025; Ord. No. 25O-04-114, § 2, 5-12-2025)

B-1. Uses Allowed in Residential Districts.

Footnotes:

SE = Special exception use

P = Permitted use

A = Accessory use

SP = Special permit

N = Nonconforming use

L = Promotional license

EP = Special event permit

¹ = See Article III, Zoning Districts, Part 5.0, Special Regulations for Specific Land Use Classifications and Structures for additional requirements.

² = See the specific zoning district regulations in Article III., Part 3.0. for specific regulations regarding this specific land use.

A blank cell indicates the land use is prohibited.

B-2. Uses Allowed in Nonresidential Districts.

Footnotes:

SE = Special exception use

P = Permitted use

A = Accessory use

SP = Special permit

N = Nonconforming use

L = Promotional license

EP = Special Event Permit

¹  = See Article III, Zoning Districts, Part 5.0, Special Regulations for Specific Land Use Classifications and Structures for additional requirements.

²  = See the specific zoning district regulations in Article III, Part 3.0, for special regulations regarding this specific land use.

³  = These uses will sunset and expire on December 31, 2019 and will no longer be allowed in this district.

⁴  = Fast food/drive-through restaurant is not permitted in the General Commercial (CG)/Transect Overlay Zone zoning district along Rt. 441/SR7.

⁵  = Permitted Use within the Arts and Entertainment Overlay District.

(Ord. No. 93-144, §§ 2, 3, 6-14-93; Ord. No. 93-160, § 2, 1-31-94; Ord. No. 94-124, § 2, 6-27-94; Ord. No. 94-177, § 1, 11-28-94; Ord. No. 94-158, § 2, 2-13-95; Ord. No. 95-115, § 5, 3-27-95; Ord. No. 95-127, § 3, 6-12-95; Ord. No. 95O-155, § 2, 9-26-95; Ord. No. 95O-157, § 1, 9-26-95; Ord. No. 96O-102, § 2, 2-26-96; Ord. No. 96O-118, § 1, 5-28-96; Ord. No. 96O-134, § 1, 8-26-96; Ord. No. 96O-155, § 1, 11-12-96; Ord. No. 97O-133, § 1, 9-8-97; Ord. No. 97O-9-144, § 1, 9-29-97; Ord. No. 97O-9-152, § 1, 11-10-97; Ord. No. 98O-5-122, § 1, 5-27-98; Ord. No. 99O-1-104, § 1, 1-25-99; Ord. No. 99O-1-105, § 1, 1-25-99; Ord. No. 99O-2-111, § 1, 3-8-99; Ord. No. 99O-4-125, § 1, 5-10-99; Ord. No. 99O-4-126, § 1, 4-26-99; Ord. No. 99O-4-120, § 1, 4-26-99; Ord. No. 99O-8-135, § 1, 10-25-99; Ord. No. 99O-11-157, § 1, 12-13-99; Ord. No. 00O-1-8, § 1, 2-14-00; Ord. No. 00O-5-24, § 1, 6-12-00; Ord. No. 00O-5-26, § 1, 6-12-00; Ord. No. 00O-9-70, § 1, 10-30-00; Ord. No. 01O-01-02, § 1, 1-29-01; Ord. No. 01O-01-03, § 1, 1-29-01; Ord. No. 01O-06-35, § 1(Exh. 1), 8-27-01; Ord. No. 01O-09-56, § 1(Exh. 1), 9-24-01; Ord. No. 02O-07-144, § 1, 8-26-02; Ord. No. 03O-01-104, § 1, 2-24-03; Ord. No. 03O-02-123, § 1, 3-31-03; Ord. No. 03O-02-124, §§ 1, 2, 3-31-03; Ord. No. 03O-03-127, §§ 1, 2, 4-14-03; Ord. No. 03O-03-128, §§ 1, 2, 4-14-03; Ord. No. 03O-05-148, § 2, 6-9-03; Ord. No. 03O-06-159, § 1, 6-30-03; Ord. No. 03O-06-160, § 1, 6-30-03; Ord. No. 03O-06-162, § 1, 6-30-03; Ord. No. 03O-06-161, § 1, 6-30-03; Ord. No. 03O-08-171, §§ 1, 2, 10-27-03; Ord. No. 03O-11-200, § 1, 12-8-03; Ord. No. 04O-01-106, § 1, 2-9-04; Ord. No. 04O-04-131, § 1, 5-10-04; Ord. No. 04O-04-134, § 1, 5-10-04; Ord. No. 04O-07-148, §§ 1, 2, 8-30-04; Ord. No. 07O-02-113, § 4(Exh. 1), 4-9-07; Ord. No. 07O-06-127, § 2(Exh. 1), 6-25-07; Ord. No. 080-02-104, § 1(Exh. 1), 2-25-08; Ord. No. 08O-08-130, § 1(Exh. 1), 9-8-08; Ord. No. 08O-08-131, § 1(Exh. 1), 9-8-08; Ord. No. 08O-10-156, § 2(Exh. 1), 11-24-08; Ord. No. 08O-11-159, § 1(Exh. 1), 12-8-08; Ord. No. 09O-03-115, § 2(Exh. 1), 3-30-09; Ord. No. 09O-07-132, §§ 2(Exh. 1), 3(Exh. 2), 8-31-09; Ord. No. 09O-07-133, § 2(Exh. 1), 8-31-09; Ord. No. 10O-01-101, § 1(Exh. 1), 2-8-2010; Ord. No. 01O-04-115, § 1(Exh. 1), 4-26-2010; Ord. No. 10O-05-122, § 1(Exh. 1), 6-14-2010; Ord. No. 10O-05-124, § 5(Exh. 1), 6-14-2010; Ord. No. 10O-05-125, § 4(Exh. 1), 6-14-2010; Ord. No. 10O-05-126, § 1, 6-14-2010; Ord. No. 10O-05-128, § 1, 6-14-2010; Ord. No. 11O-01-104, § 1(Exh. 1), 1-31-2011; Ord. No. 11O-01-105, § 4(Exh. 1), 1-31-2011; Ord. No. 11O-04-119, § 2(Exh. 1), 4-25-2011; Ord. No. 11O-06-135, § 1(Exh. 1), 6-27-2011; Ord. No. 11O-06-138, § 1(Exh. A), 6-27-2011; Ord. No. 12O-06-123, § 2(Exh. 1), 7-9-2012; Ord. No. 12O-06-127, § 2(Exh. 1), 7-9-2012; Ord. No. 12O-09-147, § 3(Exh. 1), 9-24-2012; Ord. No. 12O-09-148, § 3(Exh. 1), 9-12-2012; Ord. No. 13O-01-103, §§ 6(Exh. 1), 7(Exh. 2), 1-28-2013; Ord. No. 13O-01-104, §§ 3(Exh. 1), 4(Exh. 2), 1-28-2013; Ord. No. 13O-01-106, § 5(Exh. 1), 1-28-2013; Ord. No. 13O-03-109, §§ 1(Exh. 1), 2(Exh. 2), 4-8-2013; Ord. No. 13O-05-119, § 2(Exh. 1), 6-10-2013; Ord. No. 13O-05-120, § 2(Exh. 1), 6-10-2013; Ord. No. 13O-08-133, § 1(Exh. 1), 10-28-2013; Ord. No. 13O-09-149, § 1, 12-9-2013; Ord. No. 14O-02-105, § 10, 3-31-2014; Ord. No. 14O-05-120, §§ 3(Exh. 1), 4(Exh. 2), 7-14-2014; Ord. No. 14O-08-133, § 1, 9-15-2014; Ord. No. 14O-12-161, § 10(Exh. 1), 1-12-2015; Ord. No. 15O-05-118, §§ 4, 5, 6-8-2015; Ord. No. 15O-06-124, § 4, 7-13-2015; Ord. No. 15O-08-129, §§ 10, 11(Exhs. 2, 3), 9-11-2015; Ord. No. 15O-10-146, § 4, 11-9-2015; Ord. No. 16O-02-108, § 3, 3-14-2016; Ord. No. 16O-02-109, § 1, 3-14-2016; Ord. No. 16O-04-111, § 1(Exh. 1), 4-25-2016; Ord. No. 16O-09-145, § 1, 10-31-2016; Ord. No. 16O-09-146, § 6, 10-31-2016; Ord. No. 17O-09-142, § 1, 11-13-2017; Ord. No. 18O-04-109, § 2, 5-14-2018; Ord. No. 18O-07-125, § 2, 8-27-2018; Ord. No. 19O-08-114, § 4, 9-12-2019; Ord. No. 19O-08-116, § 2, 9-12-2019; Ord. No. 20O-02-106, § 2, 2-24-2020; Ord. No. 20O-06-118, § 2, 7-13-2020; Ord. No. 20O-08-122, § 3, 9-29-2020; Ord. No. 21O-01-100, § 4, 1-25-2021; Ord. No. 21O-03-106, § 1, 4-12-2021; Ord. 21O-03-108, § 2, 5-10-2021; Ord. No. 22O-01-101, § 3, 2-14-2022; Ord. No. 23O-10-136, § 4, 11-13-2023; Ord. No. 24O-02-109, § 3, 3-25-2024; Ord. No. 25O-02-107, § 4, 5-12-2025; Ord. No. 25O-04-113, § 2, 5-12-2025; Ord. No. 25O-04-114, § 3, 5-12-2025)

(a)

Residential Districts.

1.

Area and Dimension Regulation Footnotes:

(1)

Some lots may have a minimum of sixty-six (66) feet of frontage; or

(2)

One (1) times the building height or greater.

(3)

Thirty-five (35) percent for two-story buildings; forty (40) percent for one-story buildings.

(4)

One (1) story = thirty-five (35) percent;

Two (2) story = thirty (30) percent;

Three (3) story = thirty (30) percent;

Four (4) story = twenty-seven (27) percent.

(5)

One (1) to four (4) story = forty (40) percent;

Five (5) to eight (8) story = thirty-five (35) percent.

(6)

One hundred (100) sleeping units per acre or double the maximum density as permitted by the City Future Land Use Map.

(7)

The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer, or landscape architect registered in the State of Florida. The plans must be approved by the City Engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the twenty-five (25) year, three (3) year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

(8)

On all corner plots, there shall be a front setback as specified and a side yard at least fifteen (15) feet in width on the side which abuts the side street or dedicated waterway. The front and side of the plot shall be determined from the plat.

(9)

One (1) story = forty (40) percent;

Two (2) story = thirty-five (35) percent.

(10)

Single-family minimum setbacks of fifteen (15) feet rear, twenty-five (25) feet front and seven and one-half (7½) feet side should be applied to single family development in RM-8 zoning districts.

(11)

The minimum building size refers to living area; it excludes garages, patios, etc.

(12)

The minimum building size set out above is not applicable to hotels, motels, hospitals, assisted living facilities, dormitories, or special residential facility overlay zones as more particularly described in Schedule U.

(13)

On all corner plots, there shall be a front setback as specified and a side yard at least ten (10) feet in width on the side that abuts the side street or dedicated walkway. The front and side plot shall be determined from the plat.

(14)

The maximum building height may be exceeded by up to fifteen (15) feet in order to accommodate unoccupied hierarchical architectural features, such as cupolas and camouflaged telecommunication antenna, designed to create a focal point for the surrounding area.

(15)

Within the RM-22 zoning district, a one-family dwelling unit shall be subject to the RS-5 zoning district development standards. Alternatively, if located within the RM-22 zoning district and a safe neighborhood district, then the following standards shall be allowed:

a.

Minimum street frontage: seventy (70) feet.

b.

Minimum lot depth: eighty-five (85) feet.

c.

Front setback: twenty (20) feet.

d.

Rear setback: fifteen (15) feet.

e.

Side setback: seven and one-half (7½) feet.

f.

Street side setback: fifteen (15) feet.

(16)

Recreational amenities and open space. Common open space may be used for amenity or recreation purposes and must be suitably improved for its intended use. Recreational amenities must be ten (10) percent or more of the total square feet dedicated to residential uses. The following amenities shall be provided:

a.

Swimming pool and associated canopy or recreational water feature if a pool cannot be accommodated; and

b.

Air-conditioned club house with community conference/meeting room and with restrooms; and

c.

Playground with playground equipment and canopy shall be provided and incorporated into the overall design scheme of the development; and

d.

Barbeque areas with canopy; and

e.

Community gym equipped with weights and cardio equipment.

(b)

Non-residential Districts.*

* The following footnotes apply to this entire Schedule C subsection (b) regarding Non-residential Districts:

TBD = To Be Determined through the site plan or site plan modification process.

1.

Area and dimension regulation footnotes:

(1)

The following setbacks shall be measured from the centerline of the street or parcel which fronts on the following trafficways:

A.

Commercial Blvd.—One hundred twenty-three (123) feet;

B.

University Drive—One hundred twenty-five (125) feet;

C.

Oakland Park Blvd.—One hundred twenty-five (125) feet;

D.

Sunrise Blvd.—One hundred fifty (150) feet;

E.

State Road 7—One hundred (100) feet.

(2)

Required water retention areas may account for only fifty (50) percent of the previous area, when determining amount of open space provided.

(3)

Where the side or rear property line of non-residential property abuts a residential property line, the side and rear yard setback shall be no less than twenty-five (25) feet. There shall be no parking in the twenty-five (25) feet. Uses found in Schedule B-2 of this Land Development Regulation that require a special exception may be subject to increased setbacks due to the hazards or conflicts inherent with their use, at the discretion of the City Commission. In this 25-foot setback shall be a wall or fence landscaped on both sides with a hedge or vine, and shall include installed shade trees, thirty (30) feet on center. No parking shall be allowed in the twenty-five (25) feet where it abuts residential.

(4)

When not abutting residential property, the minimum setback shall be five (5) feet on the interior side or one-half (½) times the height of the building, whichever is greater. When not abutting residential property, the minimum rear yard setback shall be a minimum of fifteen (15) feet.

(5)

When a non-residential property abuts residentially zoned property and is separated from that residentially zoned land by a waterway of at least twenty-five (25) feet, then parking may be allowed in the 25-foot setback, provided that hedging is provided and maintained between the canal and the parking lot and that all other provisions of the landscaping schedule are met.

(6)

When not abutting a residential district, setback shall be five (5) feet or one-half (½) times the height of the building not to exceed ten (10) feet.

(7)

Reserved. [See Article III, § 5.34.8 for self-storage facilities setbacks.]

(8)

Uses found in Schedule B-2 of this Land Development Regulation that require a special exception may be subject to increased height limitations due to the hazards or conflicts inherent with their use, at the discretion of the City Commission.

(9)

Consistent with the requirements of Article III, Part 5.0, Section 5.41., Telecommunication facility uses, the maximum height for telecommunication antenna support structures is one hundred fifty (150) feet.

(10)

The height limit in the General Commercial (C-3) zoning district is fifty (50) feet, except that those properties zoned General Commercial district that abut a RS-4, RS-5, or RM-8 zoning district are limited to a maximum building height of twenty-five (25) feet.

(11)

The maximum building height may be exceeded by up to fifteen (15) feet in order to accommodate unoccupied hierarchical architectural features, such as cupolas and camouflaged telecommunication antenna, designed to create a focal point for the surrounding area.

(12)

Multifamily developments located in commercial and industrial zoning districts shall install a 10-foot buffer wall screening the property. For developments located on Commercial Boulevard an 8-foot buffer wall shall be installed.

(Ord. No. 93-178, § 2, 11-8-93; Ord. No. 94-158, § 8, 2-13-95; Ord. No. 95-115, § 6, 3-27-95; Ord. No. 95O-155, § 3, 9-26-95; Ord. No. 97O-8-143, § 1, 9-8-97; Ord. No. 98O-6-125, § 1, 6-29-98; Ord. No. 98O-12-187, § 1, 1-11-99; Ord. No. 00O-1-9, § 1, 2-14-00; Ord. No. 01O-01-04, § 1, 2, 1-29-01; Ord. No. 02O-07-145, §§ 1—3, 8-26-02; Ord. No. 03O-02-117, § 1, 2-24-03; Ord. No. 03O-01-105, § 1, 3-31-03; Ord. No. 03O-03-129, § 1, 4-14-03; Ord. No. 05O-03-119, § 1, 3-28-05; Ord. No. 05O-03-125, § 1, 3-28-05; Ord. No. 05O-03-126, § 1, 3-28-05; Ord. No. 05O-08-173, § 1, 9-12-05; Ord. No. 05O-09-189, § 1, 11-14-05; Ord. No. 06O-03-120, §§ 1, 2, 4-10-06; Ord. No. 08O-08-132, § 1(Exh. 1), 9-8-08; Ord. No. 13O-01-105, § 10(Exh. 1), 1-28-2013; Ord. No. 13O-08-132, § 1(Exh. 1), 10-28-2013; Ord. No. 23O-06-113, § 5, 6-26-2023)

1.1. Existing uses. Any lawful use of land or structure existing on June 11, 1990, and which by its terms has become a nonconforming use, is hereby declared not to be in violation of these regulations. Such a nonconforming use shall be subject to all of the provisions of these regulations pertaining to its continuance, change, and discontinuance.

1.2. Nonconforming use; extension. The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used on June 11, 1990. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building nor any additional building on the same plot not used for such nonconforming use at the effective date of this code. The nonconforming use of land shall not be extended to any additional land not so used at the effective date of this code.

1.3. Nonconforming use; repair, alternation, enlargement. No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of these regulations. Provided, that repairs, maintenance and improvement may be carried out in any one (1) year in an amount not to exceed twenty-five (25) percent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Nothing in this section shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by a nonconforming use, but if those laws or ordinances are applied to the nonconforming use, the terms of this section also be applied thereto.

1.4. Reconstruction after catastrophe. If any nonconforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy-five (75) percent of the replacement cost of the building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

1.5. Change of nonconforming use:

1.5.1. In any residential district, any change of a nonconforming use in a conforming building shall be to a conforming use.

1.5.2. In any residential district, a nonconforming use in a nonconforming building shall be changed only to a use permitted in the particular residential district involved, except as provided in paragraph 1.5.3.

1.5.3. There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in the nature or character of such nonconforming use, except as may be permitted by the zoning code.

1.5.4. In a non-residential district, a nonconforming use in a nonconforming structure may be replaced by a new or different use permissible in the same zoning district as the original nonconforming use or in a more restricted zoning district, if the City Commission, after public hearing, finds that the new or different use will be less detrimental to the surrounding neighborhood than the old use, and approves the new or different use as being in accordance with the spirit and purpose of these regulations.

1.5.5. Any change of a nonconforming use of land, except as incidental to a change of a nonconforming use of a nonconforming structure permitted and approved under paragraph 1.5.4., shall be to a conforming use.

1.6. Discontinuance or abandonment of a nonconforming use:

1.6.1. If for any reason a nonconforming use of land ceases or is discontinued for a period of one (1) year or more, the building shall not thereafter be used for a nonconforming use.

1.6.2. If for any reason the nonconforming use of a building ceases or is discontinued for a period of one (1) year or more, the building shall not thereafter be used for a nonconforming use.

1.6.3. Any part of a building, structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.

1.7. Unlawful use not authorized. Nothing in this section shall be interpreted as authorization for, or approval of the continuance of the use or a structure or premises in violation of any ordinance in effect on June 11, 1990.

1.8. District or regulation change. The foregoing provisions of this code shall also apply to buildings, structures, land, premises or uses which hereafter become nonconforming due to a change in district regulations.

1.9. Nonconformity other than use or lot. Any additions, extensions or alterations to existing buildings or structures shall comply with all applicable provisions of this code and the Land Development Regulations.

1.10. Illegal use. The casual, temporary or illegal use of land or a building shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such a use.

1.11. Zoning certificate for nonconforming use. After the effective date of these regulations, or any amendment thereto, the owner and operator of any use, which by the terms of this section or any amendment thereto, is or becomes a nonconforming use, shall be notified by the Community Development Department of the provisions of this section which may be in effect at the time of such notification. Within sixty (60) days of the receipt of said notification, the owner or operator shall apply to the Community Development Department for a certificate for the nonconforming use, which certificate, after verification of the facts of the nonconforming use, shall be duly and promptly issued to the applicant. The applicant for such certificate shall indicate the location, nature and extent of the nonconforming use and such other details as may be pertinent thereto. If the owner or operator of a nonconforming use fails to properly apply for a certificate within sixty (60) days after receipt of the aforesaid notice, the nonconforming use ceases to be a permissible nonconforming use and is hereby declared to be in violation of this section. If the Community Development Director shall find, upon reviewing the application for a certificate, that the existing use is illegal or in violation of other laws or ordinances, or if he finds that a building for which a certificate is requested has been constructed for the existing use or any other use without full compliance with the building code or zoning district regulations in effect at the time of construction or alteration, he shall not issue the certificate, but shall declare such use to be in violation of this section and take appropriate action.

1.12. Nonconforming lots. These Land Development Regulations shall not be construed to prevent the construction of a single-family dwelling unit on any undeveloped lot of record notwithstanding the fact that such lot may have a lesser area or street frontage than is required in the particular zoning district; in which case building setbacks shall be made to conform to existing building setbacks on the same street in the same block.

1.13. Existing special exception uses. Any special exception use existing on January 1, 2006, and for which the City Commission has not adopted a resolution allowing such special exception use is a nonconforming use.

1.14. Amortization period for astrology, clairvoyant, fortune telling and similar uses. An astrology, clairvoyant, fortune telling and similar use which was lawfully in existence before June 27, 2006, and which under the terms of the Land Development Regulations, Schedule H., would be a nonconforming use shall be allowed to continue until September 30, 2009. Thereafter, such use shall be prohibited. If a court of competent jurisdiction determines that the amortization period set forth in this section is invalid for any reason, and if the City Commission then revises this amortization period, then the commencement of the amortization period shall date back to the date of the passage of this legislation and shall be considered as a single amortization period.

1.15. Amortization period for nonconforming uses located in the Cannon Point area. Any Special Residential Facility use and similar use which was lawfully in existence before January 30, 2006, and which following the passage and adoption of Ordinance No. 05O-09-187 became a nonconforming use under the terms of the Land Development Regulations, Schedule H, shall be allowed to continue until January 30, 2016. Thereafter, such use shall be prohibited. If a court of competent jurisdiction determines that the amortization period set forth in this section is invalid for any reason, and if the City Commission then revises this amortization period, then the commencement of the amortization period shall date back to the date of the passage of this legislation and shall be considered as a single amortization period.

1.16. Amortization period for scrap metal processing plant uses along Martin Luther King Jr. Blvd./N.W. 31^stAve. Any scrap metal processing plant uses along Martin Luther King Jr. Blvd./N.W. 31 ^st Ave lawfully in existence as of November 30, 2020 and which under the terms of the Land Development Regulations, Schedule H. would be a nonconforming use shall be allowed to continue until November 30, 2025. Thereafter, such use shall be prohibited. If a court of competent jurisdiction determines that the amortization period set forth in this section is invalid for any reason, and if the City Commission then revises this amortization period, then the commencement of the amortization period shall date back to the date of the passage of this legislation and shall be considered as a single amortization period.

1.17. Amortization period for food distribution uses within Community Facility Zoning District. Any food distribution uses within Community Facility Zoning District lawfully in existence as of December 14, 2020 and which under the terms of the Land Development Regulations, Schedule H. would be a nonconforming use shall be allowed to continue until December 14, 2025. Thereafter, such use shall be prohibited. If a court of competent jurisdiction determines that the amortization period set forth in this section is invalid for any reason, and if the City Commission then revises this amortization period, then the commencement of the amortization period shall date back to the date of the passage of this legislation and shall be considered as a single amortization period.

1.18. Amortization period for automotive uses along Broward Blvd and Martin Luther King Jr Ave./N.W. 31^stAve. Any Automotive Sales, Car Rental uses, Automotive Repair (Major) uses, Automotive Repair (Minor) uses, and Car Wash and Auto Detailing uses along Broward Blvd and Martin Luther King Jr Ave./N.W. 31 ^st Ave lawfully in existence as of March 29, 2021 and which under the terms of the Land Development Regulations. Schedule H. would be a nonconforming use shall be allowed to continue until March 29, 2026. Thereafter, such use shall be prohibited. If a court of competent jurisdiction determines that the amortization period set forth in this section is invalid for any reason, and if the City Commission then revises this amortization period, then the commencement of the amortization period shall date back to the date of the passage of this legislation and shall be considered as a single amortization period.

(Ord. No. 93-145, § 1, 6-14-93; Ord. No. 06O-01-110, §§ 1—3, 2-13-06; Ord. No. 06O-07-141, § 2, 9-25-06; Ord. No. 09O-01-100, § 1, 1-26-09; Ord. No. 20O-10-146, § 1, 11-30-2020; Ord. No. 20O-11-148, § 1, 12-14-2020; Ord. No. 21O-03-107, § 1, 4-12-2021)

1.0. GENERAL LANDSCAPE STANDARDS AND REQUIREMENTS

TABLE 1: Transect Zone Descriptions. This Table describes of the intent of each Transect Zone.

TABLE 2: Vehicular Lane Dimensions. This Table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for each of these sections. The most typical assemblies are shown in Table 3B. Specific requirements for truck and transit bus routes and truck loading shall be decided by Warrant. Federal, state and county roads are not subject to these standards.

TABLE 3: Vehicular Lane & Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and turning radii assembled for thoroughfares.

TABLE 3A:
Thoroughfares with 24 Foot Widths.

TABLE 3B:
Thoroughfares with 50 and 40 Foot Widths.

TABLE 3C:
Thoroughfares with 50 Foot Widths.

TABLE 3D:
Thoroughfares with 50 Foot Widths.

TABLE 3E:
Thoroughfares with 50 and 55 Foot Widths.

TABLE 3-F:
Thoroughfares with 50 and 60 Foot Widths.

TABLE 3G:
Thoroughfares with 60 and 80 Foot Widths.

TABLE 3H:
Thoroughfares with 75 and 90 Foot Widths.

TABLE 3I:
Thoroughfares with 80 and 100 Foot Widths.

TABLE 4: Public Frontages—General. The Public Frontage is the area between the private Lot line and the edge of the vehicular lanes. Dimensions are given in Table 5.

TABLE 5: Public Frontages—Specific. This Table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones.

TABLE 6: Private Frontages. The Private Frontage is the area between the building Facades and the Lot lines.

TABLE 7: Building Configuration. This Table shows the Configurations for different building heights for each Transect Zone. Recess Lines and Expression Lines shall occur on higher buildings as shown. N = maximum height as specified in Table 11.

1.

Building height shall be measured in number of Stories, excluding attics and raised basements. Height limits also do not apply to masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads and similar structures.

2.

Stories may not exceed 14 feet in height from finished floor to finished floor, except for a first floor Commercial Function which shall be a minimum of 11 feet and may be a maximum of 25 feet.

3.

Height shall be measured from the average Enfronting Sidewalk grade to the upper-Most eave of a main pitched roof (not of a domer), or to the uppermost roof deck (not the top of parapet) of a flat roof.

4.

T6 Recess lines shall be required if a Building exceeds 6 floors. The Recess line shall be at the 6th floor and shall be 12 ft. from the property line. If the Building exceeds 12 floors, a second Recess line shall be required at the 13th floor and shall be 20 ft. from the property line.

TABLE 8: Building Disposition. This Table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone.

• The Shared Parking Standards Table provides the method for calculating shared parking for buildings with more than on Use type. It refers to the parking requirements that appear in Table 9-a.

• The parking required for any two Land Uses on a Lot is calculated by dividing the number of spaces required by the lesser of the two uses by an appropriate factor from this Table and adding the result to the greater use parking requirements.

• For example, for a building with a Residential Use requiring 100 spaces and a Commercial Use requiring 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to 100 plus 16 spaces.

• Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking areas providing 10 or more stalls.

• Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle.

• Allowable slopes, paving and drainage per Florida Building Code.

• Off-street Parking facilities shall have a vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum shall be 12 feet Residential and 15 feet Commercial and Industrial.

• For landscaping requirements of parking lots, refer to LDR Schedule J, Part 2.0, Section 2.5

Notes:

• Residential 240 square feet = 10 feet * 20 feet * 12 feet

• Commercial 420 square feet = 12 feet * 35 feet * 15 feet

• Residential loading berths shall be set back a distance equal to their length

• One Commercial berth may be substituted by 2 residential berths

TABLE 10: Civic Space.

TABLE 11: SmartCode Summary.

TABLE 12A: Form-Based Code Graphics - T4.

TABLE 12B: Form-Based Code Graphics - T5.

TABLE 12C: Form-Based Code Graphics - T6.

TABLE 13: Definitions Illustrated.

This Article provides definitions for terms in this Schedule that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article, then the City Planner shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the Schedule. This Article also provides abbreviations for commonly used or frequently used terms.

Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. Abutting properties include properties across a street or alley.

Accessory Structure: a Structure customarily incidental and subordinate to the Principal Structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be constructed as meaning on the same Lot or on a contiguous Lot in the same ownership. Where a Building is attached to the Principal Building, it shall be considered part thereof, and not an Accessory Structure.

Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Passage.

Alley: A Thoroughfare designated on a Connections Plan Map or shown on a recorded plat, deed, or legal instrument and intended to be a secondary means of vehicular access to the rear of side of properties otherwise Abutting a street; an Alley may connect to a vehicular driveway located to the rear of Lots providing access to outbuildings, service areas and parking and containing utility Easements.

Arcade: a private Frontage conventional for retail use wherein the Facade is a colonnade that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage line. OR a covered pedestrian way within a building or along the side of a Building at the first floor, which may provide access to one (1) or more sides.

Attic: the interior part of a building contained within its roof structure.

Average Sidewalk Elevation: The averages of the record profile grade elevation of each of the streets Abutting a development, as determined by the City Engineer.

Awning: a moveable roof-like Structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors.

Backbuilding: a single-story Structure connecting a Principal Building to an Outbuilding. See Article 4.0, Table 13.

Balcony: an unenclosed habitable Structure cantilevered from a Façade or Building Elevation.

Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular thoroughfare, demarcated by striping.

Bicycle Rack Space: Parking space for any two-wheel alternative mode of transportation, including bicycle, scooter, motorcycle, Segway, etc.

Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds.

Bicycle Trail (BT): a bicycle way running independently of a vehicular thoroughfare.

Blade Sign: small sign board for each separate business entrance attached to and perpendicular to the Façade.

Block: the aggregate of private Lots, passages, rear alleys and rear lanes, the perimeter of which abuts Thoroughfares.

Block Face: the aggregate of all the building Façades on one (1) side of a Block. The Block Face provides the context for establishing architectural harmony.

Brownfield: an area designated on the City or State brownfield map.

Building: any Structure having a solid roof intended for shelter or enclosing of persons, animals, chattels, property or equipment or a process of any kind or nature, excluding freestanding tents, freestanding awnings and cabanas and screened enclosures.

Building Configuration: The form of a Building, based on its massing, Private Frontage, and Height.

Building Disposition: The placement of a Building on its Lot.

Building Function: the land uses accommodated by a Building and its Lot. Allowable functions are based on the base or underlying zoning district.

Building Height: The vertical extent of a Building measured in Stories.

Building Permit: The permit required for new construction and additions pursuant to City regulations.

Build-To Line: a line established within a given Lot indicating where the outer edge of a structure must be located.

Bus Rapid Transit (BRT): a rubber tire system with its own right-of-way or dedicated lane along at least seventy (70) percent of its route, providing transit service that is faster than a regular bus.

By Right: characterizing a land use that is allowed as a permitted use or as an allowable accessory use within a base or underlying zoning district.

Certificate of Use: an official City document verifying that a particular Use is in compliance with applicable sections of the Land Development Regulations and Code of Ordinances.

City Commission: The elected local governing body for the City of Lauderhill, Florida.

Civic Use: A use or activity within land or water areas or both, established primarily for the benefit of the community and which may involve the use of the environment or the display, exhibition, inspection, observation, presentation or review of artifacts that document the civic, historical and social structures and intellectual and artistic manifestations that characterize a society. The term may be interpreted to include not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking.

Civic Building: a building operated by not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the legislative body.

Civic Parking Reserve: Parking Structure or parking lot within a quarter-mile of the site that it serves. See Article 7.0.

Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their enfronting buildings. See Article 4.0, Table 10.

Civic Zone: designation for public sites dedicated for Civic buildings and Civic Space.

Commercial Use: A use or activity within land or water areas or both, and at a scale grater than home industry, established primarily for financial gains and involving the retail or wholesale marketing, display and sale of goods; or for providing business, domestic or personal services; or for conducting business, governmental, medical and professional affairs. Commercial use includes office, personal services, retail sales, wholesale sales, and lodging.

Common Destination: An area of focused Community activity, usually defining the approximate center of a Pedestrian Shed. It may include without limitation one (1) or more of the following: a Civic Space, a Civic Building, a Commercial center, or a transit station, and may act as the social center of a neighborhood.

Configuration: the form of a building, based on its massing, private Frontage, and height.

Connections Plan Map: a map showing for planning purposes the proposed general location of Thoroughfare (including alleys and pedestrian passages) rights-of-way within an area designated on the Comprehensive Plan's Future Land Use Map Series as a Transit Oriented Corridor for the purpose of ensuring connectivity and continuity. The actual right-of-way or pedestrian passageway location may vary to accommodate development and redevelopment and to ensure connectivity and continuity. See Article 4.0, Map 2.

Context: surroundings made up of the particular combination of elements that create specific character in the area.

Corridor: a lineal geographic system incorporating transportation or Greenway trajectories or both. A transportation Corridor may be a lineal transect Zone.

Courtyard Building: a building that occupies the boundaries of its lot while internally defining one (1) or more private patios. See Article 4.0, Table 9.

Curb: the edge of the vehicular pavement that may be raised or flush to a Swale. it usually incorporates the drainage system. See Article 4.0, Table 5.

Density, Gross: the number of dwelling units per net acre plus one-half (½) any abutting right-of-way. The maximum net allowable density is based on the maximum allowed under the base or underlying zoning district.

Density, Net: the number of dwelling units per acre.

Design Speed: is the velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. there are four (4) ranges of speed: Very low: (below twenty (20) Mph); low: (twenty (20) to twenty-five (25) Mph); Moderate: (twenty-five (25) to thirty-five (35) Mph); high: (above thirty-five (35) Mph). lane width is determined by desired Design Speed. See Article 4.0, Table 2.

Development Review Committee (DRC): a collegial body consisting primarily of City staff responsible for reviewing site plan applications and making a recommendation thereto the Planning and Zoning Board and for reviewing and approving site plan modification applications.

Disposition: the placement of a building on its lot. See Article 4.0, Table 8 and Table 13.

Districts, Zoning: The zones displayed on the Official Zoning District Map along with the associated development standards and regulations.

Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage line. See Article 4.0, Table 6. (Variant: Lightwell, light court.)

Drive: a thoroughfare along the boundary between an urbanized and a natural condition, usually along a waterfront, Park, or promontory. One (1) side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details.

Driveway: a vehicular lane within a lot, often leading to a garage.

Easement: Any strip of land created for public or private utilities, access, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Article 4.0, Table 8.

Effective Parking: the amount of parking required for Mixed Use after adjustment by the Shared Parking Factor.

Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Article 4.0, Table 13.

Elevation: an exterior wall of a building not along a Frontage line. See Article 4.0, Table 13. Contrast with Façade.

Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit.

Enfront: to place an element along a Frontage, as in "porches enfront the street."

Expression Line: a line prescribed at a certain level of a building for the major part of the width of a Facade, expressed by a variation in material or by a limited projection such as a molding or balcony. See Article 4.0, Table 7. (Syn: transition line.)

Façade: the exterior wall of a building that is set along a Frontage line. Contrast with Elevation.

Fence: a permeable metal or wooden wall, independent of a Building, located along a Frontage line.

Floorplate: the total indoor and outdoor Floor Area of any given Story of a Building measured to the exterior of the wall or balcony.

Floor Area: the floor area within the inside perimeter if the outside walls of the Building, including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas and excluding only interior Atria and open air spaces such as exterior corridors, Porches, balconies and roof areas.

Forecourt: a private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Article 4.0, Table 6.

Form-Based Code: Form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes are presented in both words and clearly drawn diagrams and other visuals. In contrast, conventional zoning codes focus on the segregation of land uses, and the control of development intensity through abstract and uncoordinated parameters (e.g., floor area ratio, dwellings per acre, setbacks, parking ratios), to the neglect of an integrated built form.

Frontage: the area between a building Façade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public.

Frontage, Principal: that Frontage facing public space such as a Thoroughfare of higher pedestrian importance (i.e., traffic volume, number of lanes, etc).

Frontage, Private: the Layer between the Frontage Line and the Principal Building Façade. The Structures and landscaping within the Private Frontage may be held to specific standards regarding the depth of the setback and the combination of architectural elements such as Fences, Stoops, Porches and Galleries. See Article 4.0, Table 6.

Frontage, Public: the area between the Curb of the vehicular lanes and the Frontage line. See Article 4.0, Table 5.

Frontage, Secondary: that Frontage facing public space such as a Thoroughfare that is of lesser pedestrian importance.

Frontage Line: Property Line or Base Building Line Abutting a public space such as a Plaza or Thoroughfare, whether at the front, rear or side of a Lot. Facades parallel to Frontage Lines define the public realm and are therefore more regulated than the Elevations that coincide with other Lot Lines.

Function: the use or uses accommodated by a building and its lot. Building function generally is not covered by this Schedule. Function generally is regulated by the base or underlying zoning district.

Gallery: private Frontage conventional for retail use wherein the Façade is aligned close to the Frontage line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Article 4.0, Table 6.

Glazing: a transparent part of a wall, usually made of glass. Glazing may be mounted in a window sash or door stile, usually made of wood, aluminum or PVC.

Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Article 4.0, Table 10.

Greenfield: an area that consists of open or wooded land or farmland that has not been previously developed.

Greenway: an open Space Corridor in largely natural conditions which may include trails for bicycles and pedestrians.

Greyfield: an area previously used primarily as a parking lot. Shopping centers and shopping malls are typical Greyfield sites. (Variant: Grayfield.)

Habitable Space: building space which Use involves human presence with direct view of the enfronting streets or public or private Open Space, excluding Parking Garages, self-service storage facilities, warehouses, and display windows separated from retail activity.

Hotel: lodging available for rent on a daily or weekly basis that is accessed from an interior hallway. Conference and restaurant facilities may be provided.

House: an Edgeyard Building type, usually a single-family dwelling on a large lot, often shared with an Accessory Building in the back yard. (Syn: single.)

Infill: (Noun) - new development on land that had been previously developed, including most Greyfield and Brownfield sites and cleared land within Urbanized areas. (Verb) - to develop such areas.

Inside Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn.

Layer: a range of depth of a Lot within which certain elements are permitted. See Article 4.0, Table 13.

Layer, First: the area of a Lot comprise of the distance between the Base Building Line and the required Setback including the Private Frontage. See Article 4.0, Table 13.

Layer, Second: that portion of the Lot behind the First Layer which includes that portion of the Building which Enfronts and Thoroughfare. See Article 4.0, Table 13.

Layer, Third: That portion of the Lot that is not within the First and Second Layer and is least visible from the Thoroughfare. See Article 4.0, Table 13.

Lightwell: a private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Article 4.0, Table 6. (Syn: light court.)

Liner: a Building or part of a Building with Habitable Space specifically designed to enfront a public space, masking a function without capacity to monitor public space, such as a parking lot, Parking Garage or storage facility.

Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage.

Loading Space: an area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto.

Lot: a parcel of land accommodating a building or buildings of unified design. The size of a Lot is controlled by its width in order to determine the grain (i.e., fine grain or coarse grain) of the urban fabric.

Lot Area: the area within the Lot Property Lines, excluding any portions of street rights-of-way or other required dedications.

Lot, Conforming: a parcel of land meeting the requirements of this Schedule as to dimensions (width, depth, area) and access.

Lot Coverage: the area of the Lot occupied by all Structures including Buildings, Structures and any other impervious surface.

Lot, Interior: A Lot Abutting only one (1) Thoroughfare.

Lot, Through: A Lot other than a Corner Lot, and with Frontage on more than one (1) Thoroughfare; Alleys shall not be considered for purposes of this definition.

Lot Line: the boundary that legally and geometrically demarcates a lot.

Lot Width: the length of the narrowest dimension Frontage Line of a Lot.

Mixed Use: A use or activity within land or water areas or both, with three (3) or more building functions within the same building through superimposition or adjacency, or in multiple buildings within the same area by adjacency.

Open Space: land intended to remain undeveloped; it may be reserved for Civic Space.

Outbuilding: an accessory building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the principal building by a Backbuilding. See Article 4.0, Table 13.

Park: A Civic Space type providing a natural preserve that is available for unstructured recreation. See Article 4.0, Table 10.

Parking Area: any area designed and used for parking motor vehicles including parking lots and garages, driveways, garages serving residential Uses, and Thoroughfares.

Parking, Garage or Structure: a Structure containing vehicular parking, including mechanical parking systems.

Parking, Off-site: spaces provided for vehicles and located outside of the boundaries of the Lots to be served.

Parking, Off-street: any land area designated and used for parking motor vehicles including parking lots and garages, driveways, garages serving residential Uses, but excluding Thoroughfares.

Parking, Tandem: the placement of vehicles one behind the other as opposed to side by side.

Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages.

Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous Open Space, ideally connecting directly with the urban Sidewalk network.

Pedestrian Orientation: the characteristics of an area where the location and access to Buildings, types of Uses permitted on the street level, and the storefront design relate to the needs of persons traveling on foot.

Pedestrian Passage: a public Open Space restricted to pedestrian Use and limited vehicular access that connects Thoroughfares, Plazas, Alleys, garages and other public Use spaces.

Planter: the element of the public Frontage which accommodates street trees, whether continuous or individual. See Article 4.0, Table 5.

Playground: An Open Space designated and equipped for the recreation of children. See Article 4.0, Table 10.

Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. See Article 4.0, Table 10.

Porch: an open air room appended to a Building, with floor and roof but no walls on the sides and facing Frontages. See Article 4.0, Table 6.

Principal Building: a Structure used to enclose or house the primary Use(s) located on a Lot, or the main Building on a Lot, usually located toward the front. See Article 4.0, Table 13.

Principal Entrance: the main point of access for pedestrians into a building.

Property Line: demarcation of private property ownership.

Rear Alley (RA): a vehicular way located to the rear of lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges.

Rear Lane (RL): a vehicular way located to the rear of lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation.

Rearyard Building: a building that occupies the full Frontage line, leaving the rear of the lot as the sole yard. See Table Article 4.0, Table 8. (Var: rowhouse, townhouse, apartment house)

Recess Line: a line prescribed for the full width of a Façade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. See Article 4.0, Table 7.

Right-of-Way, Public: that land held in trust by the City between the base building lines, including the sidewalk, swale and parkway area, and the road, street and highway.

Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage line. Contrast with Rearyard Building. (Syn: Townhouse)

Scale: the spatial relationship among Structures along a street or block front, including height, bulk and yard relationships.

Screening: visually shielding or obstructing one (1) Structure or Use from another by a Liner Building, fencing, wall or densely planted vegetation.

Setback: the area of a lot measured from the lot line to a building Façade or Elevation that is maintained clear of permanent structures, with the exception of encroachments listed in Article 6.

Shared Parking Factor: an accounting for parking spaces that are available to more than one (1) Function. See Article 4.0, Table 9.

Shopfront: a private Frontage conventional for retail use, with substantial Glazing and an awning, wherein the Façade is aligned close to the Frontage line with the building entrance at Sidewalk grade. See Article 4.0, Table 6.

Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity.

Sideyard Building: a building that occupies one (1) side of the Lot with a Setback on the other side. This type can be a Single or twin depending on whether it abuts the neighboring house. See Article 4.0, Table 8.

Site Plan: The plan required under Article 2.0, Section 2.8 that provides a graphic representation of the arrangement of buildings, parking, drives, landscaping and any other structure that is part of a development or redevelopment project.

Slip Road: an outer vehicular lane or lanes of a thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane)

Special District (SD): an area that, by its intrinsic Function, Disposition, or Configuration, cannot or should not conform to one (1) or more of the normative Community types or Transect Zones specified by the Schedule. Special Districts may be mapped and regulated at the regional scale or the community scale.

Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Article 4.0, Table 10.

Stepback: a building Setback of a specified distance that occurs at a prescribed number of Stories above the ground. See Article 4.0, Table 7.

Stoop: a private Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Article 4.0, Table 6.

Story: a habitable level within a Building, excluding an attic or raised basement, by which Height is measured.

Street (ST): a local urban thoroughfare of low speed and capacity. See Tables 3, 3A-3I, and Table 5.

Streetscape: the urban element that establishes the major part of the public realm. The streetscape is composed of Thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and Sidewalks or paths for pedestrians) as well as amenities of the Public Frontages (street trees and plantings, benches, streetlights, paving, street furnitures, etc.) and the visible Private Frontages (Building Facades and Building Elevations, Porches, yards, Fences, etc).

Streetscreen: a freestanding wall built along the Frontage line or coplanar with the Façade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.)

Structure: a Structure is anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground or on or below the surface of the ground or water.

Substantial Improvement or Modification: alteration to a building that increases the building area or size of the original structure by ten (10) percent of more.

Swale: a low or slightly depressed natural area for drainage.

Terminated Vista: a location at the axial conclusion of a Thoroughfare. A Building located at a terminated Vista designated on the Connections Plan Map is required or recommended to be designed in response to the axis. See Article 4.0., Map 2.

Thoroughfare: a vehicular way incorporating moving lanes and parking lanes within a right-of-way as part of an interconnected network for vehicular, pedestrian and bicycle mobility. See Article 4.0, Table 2, Table 3, Tables 3A - 3I, and Table 13.

Transect: a system for ordering human habitats in a range from the most natural to the most urban cross-section of the environment showing a range of different habitats.

Transect Zone (T-Zone): one (1) of several areas depicted as an overlay zone on the Zoning District Map regulated by this Schedule. Transect Zones are administratively similar to the zoning districts in conventional zoning codes except that it generally does not address allowable land uses. Instead, it focuses on Height and Setback requirements, building form and the form of the enfronting streetscape.

Transitional Line: a horizontal line spanning the full width of a Façade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.

Tree Well: the most urban type of planter, used in T5 and T6. The tree planter is located within the Sidewalk, and covered by a permeable grate. Properly used tree wells establish a much needed green canopy in the hot urban environment.

Turning Radius: the curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Article 4.0, Table 13.

Type: a category determined by disposition and configuration, including size or extent, such as Thoroughfare types.

Unity of Title: a written agreement executed by and between a property owner and the City whereby the property owner for a specified consideration by the City agrees that the Lots or parcels of land or both constituting the Building site shall not be conveyed, mortgaged and or leased separate and apart from each other and that they shall be held together as one (1) tract. Such Unity of Title shall be recorded in the public records of Broward County, Florida and shall run with the land and shall be binding upon the property owner or owners, their successors and assigns.

Urban Design: Form, in terms of both beauty and function, of urban areas. Urban design is concerned with the location, mass and design of various urban components and combines elements of urban planning, architecture, landscape architecture and traffic engineering.

Urban Form: The spatial arrangement of a particular environment, as defined by the connectivity of built mass and form, the natural environment, and the movement of persons, goods and information.

Urbanism: collective term for the condition of a compact, Mixed use settlement, including the physical form of its development and its environmental, functional, economic, and socio-cultural aspects.

Urbanized: generally, developed. Specific to the Schedule, developed at T3 (Sub-urban) Density or higher.

Use: The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.

Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this Schedule (See Article 2.0, Section 2.5). Variances are considered by the board of appeals in a public hearing. See LDR Article IV, Part 3.0.

Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this Schedule, but that is justified by its Intent (See Article 2.0, Section 2.5). Warrants typically are granted administratively by the DRC.

Yield: characterizing a Thoroughfare that has two-way traffic but only one (1) effective travel lane because of parked cars, necessitating slow movement and driver negotiation.

Zoning District Map: the official map or maps that are part of the Land Development Regulations and delineate the boundaries of individual districts.

The property owner shall submit to the Planning and Zoning Director for review by the special permit team or Development Review Committee seven (7) copies of a Transportation Demand Management (TDM) Plan Implementation Elements application. The property owner may make changes to the TDM Plan, as necessary, to achieve the best mix of TDM actions to meet commuting needs of employees and other affected parties. Some combination of the following TDM services and incentives may be offered to all employees of the property owner:

A.

Marketing and Education Measures.

1.

Employ one (1) or more trained TDM staff persons on-site on a full-time basis.

2.

Encourage extensive rideshare participation through newsletters, bulletin boards and other similar methods.

3.

Track usage of each TDM incentive or service.

4.

Operate a "commuter store" at a visible, central location on the studio property.

5.

Utilize prizes and special events to maintain interest and encourage participation in the TDM Plan.

6.

Brief each new employee of the property owner on TDM Plan requirements.

B.

On-site Services Enhancements.

1.

Make bus or Tri-Rail passes available for sale at the commuter store.

2.

Enhance and encourage utilization of on-site amenities.

C.

Facility Improvements.

1.

Establish convenient carpool or vanpool or both loading areas.

2.

Upgrade and expand bicycle racks, showers, and lockers.

3.

Contribute to improvement of bike routes on access routes to the studio property.

4.

Add or upgrade bus stop facilities near the studio property.

5.

Seek improved bus service to the studio property, especially on north and south routes.

6.

Support the City's Community Shuttle Service by paying employee fares.

D.

Service Operation.

1.

Provide information on carpools, vanpools, public transit and bicycles to each employee of the property owner.

2.

Provide personalized assistance to facilitate employee participation in ridesharing.

3.

Expand the vanpool fleet.

4.

Operate a guaranteed ride home (GRH) program for ridesharers only.

5.

Provide short-term auto rental (STAR) service for midday trips.

6.

Create and operate a Transportation Management Association midday shuttle service.

E.

Alternative Work Arrangements.

1.

Allow employees to adjust work schedules to accommodate ridesharing arrangements.

2.

Establish staggered work hours to shift studio traffic out of peak commuter hours.

3.

Establish pilot telecommuting programs, such as work-at-home programs or a "telework center."

(Ord. No. 09O-07-132, § 9, 8-31-09)

The top surface of all floors of residential buildings shall be not less than eighteen (18) inches, and of non-residential buildings shall be no less than six (6) inches above the highest point of the crown of all streets adjacent to the plot upon which such buildings are located, except that in cases where topographical conditions are such that, in the opinion of the City Engineer or the Broward County Health Department, compliance would be impracticable or would cause grade level conditions which would be detrimental to adjacent or nearby property. The Director of Community Development may modify the application of this requirement in accordance with specifications as approved by said engineering and health departments.

(Ord. No. 01O-01-05, § 14, 1-29-01)

Editor's note— Ord. No. 01O-01-05, § 14, adopted Jan. 29, 2001, renumbered former § 1.4 as § 1 to read as herein set out. See the Table of Amendments.

(1)

Applicability and standards:

(a)

The following setbacks are established and pertain to all buildings within the area between the centerline of each street and the setback line.

(b)

Commercial Boulevard: One hundred twenty-three (123) feet.

(c)

University Drive: One hundred seventy (170) feet.

(d)

Oakland Park Boulevard: One hundred seventy (170) feet.

(e)

Sunrise Boulevard: One hundred fifty (150) feet.

(f)

State Road 7 (N.W. 40 Avenue): One hundred (100) feet.

(2)

Building prohibited; exemptions. No building or building addition shall be permitted within the setback areas along the applicable streets within the City limits of the City of Lauderhill. However, this section shall not apply to any existing building for which a building permit has been issued by the City prior to June 11, 1990.

(Ord. No. 01O-01-05, § 14, 1-29-01)

Editor's note— Ord. No. 01O-01-05, § 14, adopted Jan. 29, 2001, renumbered former § 3 as § 2 to read as herein set out. See the Table of Amendments.

Editor's note— Ord. No. 01O-04-26, §§ 1, 2, adopted April 30, 2001, redesignated Schedule E, Subsections (1)—(9) and (12) as Art. IV, §§ 4.1—4.10. Formerly said section pertained to special exception uses. See the Table of Amendments.

(10)

Reserved. [See Article III, § 5.29 for regulations pertaining to pawnshops and pawnbrokers.]

(11)

Reserved. [See Article III, § 5.29 for regulations pertaining to motor vehicle repair businesses.]

(12)

Reserved. See editor's note at Section 3 title.

(13)

Reserved. [See Article III, § 5.34 for regulations pertaining to self-storage facilities.]

(14)

Reserved. [See Article III, § 5.21A for regulations pertaining to holiday sales.]

Editor's note— Ord. No. 01O-01-05, § 14, adopted Jan. 29, 2001, renumbered former § 5 as § 3 to read as herein set out. See the Table of Amendments.

1.1. General requirements:

1.1.1. Every building, use or structure, instituted or erected after December 11, 1984, shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Buildings, uses and structures instituted or erected on or before December 11, 1984 shall be required to provide off-street parking facilities in accordance with the provisions of this section within six (6) months of their sale or transfer anytime after June 1, 1999.

1.1.2. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued.

1.1.3. Where a building existed on December 11, 1984, provided there is no increase in floor area or capacity and there is no change of occupancy, such building may be modernized, altered or repaired, without providing additional off-street parking facilities.

1.1.4. Where a building or use, which existed on December 11, 1984, is enlarged in floor area, volume, capacity, or space occupied, off-street parking facilities as specified herein shall be provided for the additional floor area, volume, capacity or space so created or occupied.

1.1.5. It shall be unlawful for an owner or operator of any building, structure or use affected by this code to discontinue, change or dispense with, or to cause the 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 this section. It shall be unlawful for any person, firm, or corporation to utilize such building, structure or use without providing the off-street parking facilities to meet the requirements of and be in compliance with this section.

1.1.6. All off street parking shall be in compliance with those standards set forth in LDR Article III, Section 6.5.1.C.

1.1.7. [Reserved.]

1.1.8. [Reserved.]

1.1.9. [Reserved.]

1.2. Location and design standards:

1.2.1. The off-street parking facilities required by this section shall be located on the same plot or parcel of land they are intended to serve; provided, however, when practical difficulties, as determined by the City Commission, prevent the establishment of such facilities upon the same plot, the off-street parking facilities shall be provided on land which a abuts the premises they are to serve and are within seven hundred (700) feet of the premises they are to serve, and the owner of said parking area and the owner of the property to be served shall enter into written agreement with the City whereby the land providing the parking area shall never be sold or disposed of except in conjunction with the sale of the building the parking area serves so long as these parking facilities are required, and said agreement shall be recorded at the expense of the owner of the property on which the facilities will be located and shall run with the land to bind the heirs, successors and assigns of said owner. Said written agreement may be voided by the City Commission if other provisions are made for off-street parking facilities pursuant to this section.

1.2.2. Each parking space required and provided pursuant to the provisions of this section shall not be less than nine (9) feet in width, and eighteen (18) feet in length, except for spaces utilized for parallel parking. The parallel parking space shall not be less than nine (9) feet in width and twenty-three (23) feet in length.

1.2.3. Off-street parking facilities required by this section shall be arranged or designed in the same manner as depicted in Table 1-1, "Minimum Space Requirements at Various Parking Angles for Self-Parking Facilities."

TABLE 1-1. MINIMUM SPACE REQUIREMENTS AT VARIOUS PARKING ANGLES FOR SELF-PARKING FACILITIES

*Note: Dimensions are for one-way direction movement only.

1.2.4. The required off-street parking facilities shall be clearly delineated by four-inch, visible, painted striping, except for single-family dwellings. Parking and vehicle service areas which abut landscaped areas, shall be designed with bumper guards, wheel stops, or contiguous curbing. The required bumper guards or wheel stops shall be located a minimum of two and one-half (2.5) feet from any landscaped area, sidewalk structure or property line. The required off-street parking facilities, including access aisles and driveways shall be surfaced with hard, durable, dustless material, and maintained in a smooth well graded condition.

1.2.5. All required parking spaces shall be directly accessible from a public or private street, alley or easement. All off-street parking areas shall be designed to permit convenient maneuvering of vehicles and each space shall be accessible without driving over or through any other parking space. Backout parking shall not be permitted on any street or highway designated on the Lauderhill Land Use Plan Map, except for parking spaces required for single-family dwellings.

1.2.6. All off-street parking facilities required by this code shall be drained so as to retain run-off on site and not to cause any nuisance on adjacent or public property, and any lighting thereon shall be so arranged and designed as to prevent any glare or excessive light on adjacent property or public streets. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles.

1.2.7. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street parking under these regulations, which plan shall clearly and accurately designate the required parking spaces, access aisles and driveways, and relation to the uses or structures these off-street parking facilities are intended to serve.

1.2.8. In a Tree Preservation District, the Community Development Director may authorize up to twenty-five percent (25%) of the required parking spaces to be designed for compact cares (nine (9) feet by sixteen (16) feet). Compact parking spaces must be clearly marked.

1.2.9. Backlot area. Backlot areas of motion picture studios shall not be off-street parking areas.

1.3. Amount of off-street parking. The off-street parking required by this section shall be provided and maintained on the basis of the following minimum requirements:

1.3.1. One-, two-and three-family dwellings.

(a)

Dwelling, single-family: Two (2) parking spaces, a minimum of one (1) shall be within a garage. Access may be through either parking space. The C.A.C. may waive the requirement of one parking space within a garage if occupancy by bona fide permanent residents thereof has increased since time of original occupancy and exceeds available bedroom facilities; but two parking spaces must be available on the property.

(b)

Dwelling, two-family and three-family: Two (2) parking spaces for each dwelling unit. Garage and carport included. Access to one of the two (2) spaces may be through or over one or the other, notwithstanding other provisions of this Section.

1.3.2. Dwelling, multi-family, four (4) units or more:

1.3.2.1. One and one-half (1.5) parking pads for each efficiency or one bedroom apartment unit.

1.3.2.2. Two (2) parking spaces per each two-or more bedroom apartment unit. Plans presented showing one, two, and three-bedroom units and including a "den," "library," a "convertible," or other extra room shall count such extra room as a bedroom for purpose of computing parking space requirements.

1.3.2.3. Two and one-quarter (2.25) parking spaces per each townhouse or rowhouse unit.

1.3.3. Rooming houses, lodginghouses, boarding houses: One (1) parking space for each one (1) rental sleeping room, plus one (1) parking space for each employee.

1.3.4. Dormitories, fraternities: One (1) parking space for each two (2) beds, plus one (1) parking space for the manager or operator, plus one (1) parking space for each employee.

1.3.5. Hotels, apartment hotels: Three (3) parking spaces for each four (4) sleeping rooms, or three (3) parking spaces for each four (4) bathrooms, whichever may be greater. If, in addition to sleeping rooms, there are other uses operated in conjunction with and/or as part of the hotel, additional off-street parking spaces shall be provided for such other uses as would be required by the section if such uses were separate from the hotel, to the extent of thirty-five (35) percent of the off-street parking specified in this section for retail stores, offices, service establishments, bars, restaurants, dining rooms, night clubs, cabarets, ballrooms, banquet hall, meeting rooms, and auditoriums.

1.3.6. Motels, tourist homes, guest cabins, villas, house courts: One (1) parking space for each guest room, cabin or rental unit, plus one (1) parking space per each employee.

1.3.7. Trailer courts, camps or parks (transient use): One and two-tenths (1.2) parking spaces for each trailer.

1.3.7.1. Mobile home parks and mobile home subdivisions: Two (2) parking spaces for each site.

1.3.8. Hospitals: One (1) parking space per patient bed plus one (1) parking space per one thousand (1,000) square feet of gross floor area.

1.3.9. Sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm: One (1) parking space for each three (3) beds for patients or inmates.

1.3.10. Theatres and other places of assembly having fixed seats: One (1) parking space for each three (3) seats, except when a theatre is part of a shopping center with greater than fifty thousand (50,000) square feet of gross floor area, one (1) parking space for each five (5) seats shall be required.

1.3.11. Places of public assembly, including assembly hall, (except as provided in paragraph 1.3.10), exhibition halls, convention halls, skating rinks, sports arenas: One (1) parking space for each seventy-five (75) square feet of floor area occupied by guests, customers, patrons, members, or other occupants; or one (1) parking space for each two hundred (200) feet of gross floor area, whichever is greater.

1.3.12. Private clubs, lodges, fraternal buildings, union halls: One (1) parking space for each fifty (50) square feet of floor area occupied by guests, customers, patrons, or members; or one (1) parking space for each two hundred (200) square feet of gross floor area, whichever is greater.

1.3.13. Churches: One (1) parking space for each fifty (50) square feet of auditorium or chapel area, not including Sunday School classrooms.

1.3.14. Stadiums, racetracks, fairgrounds, circus grounds: One (1) parking space for each five (5) seats.

1.3.15. Bowling alleys: Five (5) parking spaces for each alley, plus additional spaces as required for other uses on the same premises.

1.3.16. Mortuaries: One (1) parking space for each fifty (50) square feet of floor area in public assembly rooms.

1.3.17. Medical, dental, chiropractic offices and clinics: One (1) parking space for each two hundred (200) square feet of gross floor area.

1.3.18. Business, professional and governmental offices: One (1) parking space for each two hundred fifty (250) square feet of gross floor area including covered walkways.

1.3.19. Restaurants, fast-food restaurants, lounges, bars, nightclubs: If part of a shopping center: One (1) parking space for every fifty (50) square feet of customer-service floor area and one (1) parking space for every two hundred (200) square feet of all other area. All restaurants, fast-food restaurants, lounges, bars and nightclubs which are not part of a shopping center: One (1) parking space for every thirty (30) square feet of floor area in rooms for customer service, including customer waiting area.

1.3.20. Elementary schools, middle schools, whether public, private or parochial: One and one-half (1.5) parking spaces for each classroom, plus one-half (0.5) of the parking spaces for rooms used for public assembly as otherwise required by this section. Additionally, there shall be a designated area for temporary parking to include five (5) parking spaces per classroom.

1.3.21. Senior high schools, colleges, business schools, whether public, private or parochial schools: One (1) parking space for each classroom, plus one (1) parking space for each five (5) students, or one-half (0.5) of the parking spaces for rooms used for public assembly as otherwise required by this section, whichever is greater.

1.3.22. Retail stores, personal service shops, household repair or equipment shops: One (1) parking space for every two hundred (200) square feet of gross floor area.

1.3.23. Banks, savings and loans, financial institutions, credit unions, convenience stores: One (1) parking space for each two hundred (200) square feet of gross floor area.

1.3.24. Shopping centers: One (1) parking space for each two hundred (200) square feet for the first fifty thousand (50,000) square feet of gross floor area and one (1) parking space for each two hundred fifty (250) square feet of that area in excess of fifty thousand (50,000) a square feet of gross floor area. Whenever a shopping center shall contain restaurants, fast-food restaurants, lounges, bars, nightclubs or any combination thereof, the terms of Section 1.3.19 shall apply to the extent applicable, any other provision of this Section 1.3.24 notwithstanding.

1.3.25. Manufacturing and industrial use research and testing laboratories, warehouses, motor vehicle salesrooms, wholesale establishments, and storage buildings: One (1) parking space for each five hundred (500) square feet of gross floor area of the building.

1.3.26. Auto repair shops, auto service stations, paint and body shops, service facilities accessory to motor vehicle showrooms: One (1) parking space for each three hundred fifty (350) square feet of gross floor area.

1.3.27. Game rooms, amusement room center: One (1) parking space for each seventy-five (75) square feet of floor area occupied by guests, customers, patrons, members or other occupants.

1.3.28. Adult congregate living facilities: One-quarter (0.25) parking space per resident, and one (1) parking space for each staff person.

1.3.29. Motion picture studios:

(a)

There shall be no off-site parking.

(b)

One (1) parking space for each permanent employee shall be provided on-site and shall meet all off-street parking requirements, including size, striping, landscaping and handicapped parking.

(c)

Parking shall be provided for non-employees and oversized vehicles on-site. Off-street parking requirements, including striping and landscaping, need not be met, but the parking area must be designated on the site plan so as not to impede flow of emergency vehicles.

1.3.30. Self-service storage facility:

(a)

Indoor climate controlled self storage units: One (1) parking space for every five thousand (5,000) square feet of gross floor area.

(b)

Drive-up rows of garage type storage units: One (1) parking space for every two hundred (200) units, plus a minimum ten (10) foot parking lane along either side of any driveway which provides access to storage units (garage type).

(c)

Office space: One (1) parking space for every two hundred fifty (250) square feet of gross floor area.

(d)

Manager's quarters: Two (2) parking spaces.

1.3.31. Auctions: One parking space for every forty (40) square feet of fixed or nonfixed seating plus one parking space for every two hundred (200) square feet of gross floor area. Gross floor area not to include seating area.

1.3.32. Measurement: For the purposes of this section, gross floor area shall mean the gross floor area inside of the exterior walls, except as specifically provided herein. In hospitals, bassinets shall not count as beds. In stadiums, sport arenas or other places of assembly in which occupants utilize benches, pews or other similar seating facilities, each twenty (20) lineal inches of such seating facilities shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

1.4. Combined off-street parking. Nothing in this section shall be construed to prevent collective provision for, or joint use of, off-street parking facilities for two (2) or more buildings or uses by two (2) or more owners or operations; provided, that the total of such parking spaces, when combined or used together, shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this section. The owners of both properties must enter into a written agreement with the City which shall provide for the mutual use of the parking facilities. Said agreement shall be recorded at the expense of the property owners, and may not be cancelled without the prior consent of the City Commission.

1.5. Nonconforming uses. In the case of a building occupied by a use which is not permitted as a new use in the district in which such building is located, additions shall not be permitted unless and until the off-street parking requirements of this section for a new use of the type involved, are applied to such existing use and are fully provided for.

1.6. Use of required off-street parking by another building. No part of an off-street parking area required for any building or use by this section shall be included as a part of an off-street parking area similarly required for another building or use, unless the type of use indicates that the periods of usage will not overlap or be concurrent with each other, as determined by the City Commission, by resolution, or unless one of the buildings has excess parking and the terms of Section 1.4 are complied with.

1.7. Parking of commercial vehicles. Off-street parking facilities supplied by the owner or operator to meet the requirements of this section shall not be used by commercial vehicles owned, operated or used in the business of such owner or operator during regular hours of business.

1.8. Off-street loading standards:

1.8.1. On the same plot with every structure or use hereafter erected or created, there shall be provided and maintained adequate space for loading and unloading of materials, goods, or things, and for delivery and shipping, so that vehicles for these services may use this space without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

1.8.2. 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 off-street loading space under this section, the full amount of off-street loading space shall be supplied and maintained to comply with this section.

1.8.3. For the purposes of this section, an off-street loading space shall be an area at the grade level at least ten (10) feet wide by twenty-five (25) feet long with fourteen-foot vertical clearance. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space, and 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.

1.8.4. Off-street loading space shall be provided and maintained in accordance with the following Schedule:

1.8.4.1. For each retail store, shopping center, warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, motion picture studio, or similar use which has an aggregate floor area of:

1.8.4.2. For each multiple dwelling or apartment having at least fifty (50) dwelling units but not over one hundred (100) dwelling units: One (1) loading space.

1.8.4.3. For each multiple dwelling or apartment having over one hundred (100) dwelling units: One (1) loading space, plus one (1) loading space for each additional one hundred (100) dwelling units or major fraction thereof.

1.8.4.4. For each auditorium, convention hall, exhibition hall, museum, hotel, office building, sports arena, stadium, hospital, sanitarium, or similar use which has an aggregate gross floor area of:

1.8.4.5. For any use not specifically mentioned in this section, the requirements for off-street loading for a use which is so mentioned and to which the unmentioned use is similar shall apply. The determination shall be at the sole discretion of the Director of Community Development.

1.8.4.6. For each self-service storage facility: Two (2) loading spaces.

1.8.5. Off-street loading facilities supplied to meet the needs of one (1) use shall not be considered as meeting off-street loading needs of any other use.

1.8.6. No area or facilities supplied to meet the required off-street parking facilities for a use shall be utilized for or be deemed to meet the requirements of this section for off-street loading facilities.

1.8.7. Nothing in this section shall prevent the collective, joint or combined provision of off-street loading facilities for two (2) or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.

1.8.8. Plans for building or uses requiring off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearances and access of all such required off-street loading facilities.

1.9. Dead storage area as accessory use in commercial buildings. One (1) parking space for each five hundred (500) square feet of gross floor area of dead storage space. Dead storage area as used in this section shall mean space improved only for storage.

1.10. Retail uses. When there has been no change in use as to the space to be used since original approval of the shopping center, and when that use has consistently been retail, parking shall be determined as it was required at the time that the original approval was granted for the shopping center.

MINIMUM AUTOMOBILE OFF-STREET PARKING

Off-Street Loading:

Off-street loading space shall be provided and maintained in accordance with the following Schedule:

For each retail store, shopping center, warehouse, wholesale establishment, industrial plant, factories, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment or similar use which has an aggregate floor area of:

For each multiple dwelling or apartment having at least 50 dwelling units but not over 100 dwelling units: One loading space.

For each multiple dwelling or apartment having over 100 dwelling units: One loading space, plus one loading space for each additional 100 dwelling units or major fraction thereof.

For each auditorium, convention hall, exhibition hall, museum, hotel, office building, sports arena, stadium, hospital, sanitarium, or similar use which has an aggregate gross floor area of:

(Ord. No. 94-124, § 4, 6-27-94; Ord. No. 94-158, §§ 4, 5, 2-13-95; Ord. No. 96O-102, § 3, 2-26-96; Ord. No. 970-115, § 1, 5-12-97; Ord. No. 98O-2-106, § 1, 2-23-98; Ord. No. 98O-11-177, § 1, 11-23-98; Ord. No. 99O-3-113, § 1, 3-29-99; Ord. No. 06O-06-139, §§ 1, 2, 7-10-06; Ord. No. 20O-02-107, § 2, 2-24-2020; Ord. No. 22O-09-139, § 2, 11-28-2022)

Editor's note— Ord. No. 22O-09-139, § 2, adopted Nov. 28, 2022, contained a scrivener's error which set out provisions intended for use as Art. IX, § 1.1. At the editor's discretion, these provisions have been included as Sch. G, § 1.1.

The purpose of this Schedule is to implement Section 163.3202, Florida Statutes, and Rule 9J-5, Florida Administrative Code, which requires that local governments adopt sign regulations. The intent of this Schedule is to create a comprehensive framework and balanced system of sign control, thereby facilitating a clear and pleasant communication between people and their environment.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 2, 2-14-00)

(a)

The following phrases, words and terms shall have the following meanings when used in this schedule, unless the context indicates a contrary intent:

Advertising sign. A sign situated upon or attached to real property, including the improvements thereon, intended for advertising purposes and to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, or entertainment, or to aid, directly or indirectly, in the sale of real or personal property.

Animated sign. A sign or part of a sign that changes physical position light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. Animated signs include klieg or search lights.

Announcing sign. A sign announcing a project to be under construction or an intended use of the premises in the immediate future.

Awning, canopy or marquee sign. A sign that is mounted, painted, or attached to an awning, canopy or marquee.

Banner. A vertical hanging device utilized to attract attention, made of cloth or fabric.

Banner sign. A sign having the characters, letters or illustrations applied to cloth, paper or fabric of any kind with only such material for backing.

Bare bulb sign. Any exterior sign with incandescent bulbs that are exposed to the elements.

Bench sign. A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public right-of-way or roadway.

Billboard sign. A structure utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located. The term "billboard" does not include any sign that is permitted by this schedule.

Box or cabinet sign. Any sign, the face of which is enclosed, bordered or contained within a boxlike structure, frame or other device.

Chief planning official. The planning and zoning director or director's designee.

Chief sign official. The chief planning official or designee.

City. The City of Lauderhill, Florida.

Community identification sign. Any sign within an area zoned for residential uses and intended for the identification of the neighborhood, subdivision, planned unit development or planned unit development pod.

Community information sign. A permanent, freestanding, non-illuminated single-faced sign located within a residential zoning district, intended to provide to the affected community information on regular meetings and special communitywide events through changeable copy.

Construction sign. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, planners, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

Directional sign. May include one or more of the following:

• A sign permanently erected or permitted to be erected and maintained by the city, Broward County, or the State of Florida, or any agency thereof, to denote the name of any thoroughfare, the route to any city, educational institution, public building, park, recreational facility, or hospital; to direct and regulate traffic, to denote any transportation or transmission company for the direction or safety of the public.

• A sign, notice, or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and conditions, affecting the safety of aircraft and aviation.

• A sign located on and relating to an activity on the premises upon which the sign is located, providing information to pedestrian and vehicular traffic, e.g., "entrance," "exit," "caution," and "no trespassing."

Directory sign. An index consisting of multiple names of tenants and complex of an office building or a shopping complex. Such sign may not have more than two (2) sign faces.

Disability glare. A situation where a driver or pedestrian is exposed to a light source so bright that it temporarily blinds the driver or pedestrian, thereby impairing the driver's or pedestrian's ability respectively to perform driving and pedestrian tasks.

Discomfort glare. A situation where a light source is bright enough to distract or encourage a person or driver to look away from the light but is not blinding.

Double-faced sign. A sign with two (2) faces which are usually, but not necessarily, parallel.

Duly designated code compliance officer(s). Any person designated by the city manager to enforce the provisions of this schedule. It presently includes certain finance, fire and police department employees.

Dynamic display. Any characteristic of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, Light Emitting Diode (LED) lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. A dynamic display sign may be allowed as an on-premises sign advertising the on-site land uses but are prohibited on a billboard sign.

Exterior wall sign. A sign which is affixed to an exterior wall, marquee, or mansard of any building or structure and which is approximately parallel thereto and supported by said wall, marquee, mansard or building.

Free-standing sign. Any non-movable sign not affixed to a building. Examples include construction signs, ground signs, and pole signs.

Grand opening sign. A temporary sign announcing the first opening of a business not previously conducted in the city by the same person(s), at that location.

Ground sign. Any sign that is erected .on the ground, when no part of the sign is attached to any part of a building.

Hand-held sign. An unlighted sign of not more than ten (10) square feet held by an individual on private property.

Illegal sign. A sign installed without a permit as required by this schedule, or which is otherwise not permitted by this schedule.

Iluminance. The total brightness of all the light at a point of measurement.

Illuminated sign. Any sign having characters, letters, figures, designs, logos or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

Inflatable sign. Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. Permanent inflatable signs are prohibited.

Internally illuminated sign (neon). Neon signs wherein the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

Item of information.

(1)

A syllable of a word, an initial, logo, abbreviation, number, symbol, or geometric shape.

(2)

A word, logo, abbreviation, symbol, or geometric shape.

Leasing sign. A sign indicating vacant, unimproved property, vacant store, house, building or apartment for lease or rent.

Logo sign. A sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development or establishment on the premises where it is located. For purposes of issuing a sign permit, the color of a logo sign may be demonstrated through its regular business practice.

Luminance. The measure of light emanating from an object with respect to its size and is the term used to quantify dynamic display sign brightness. The unit of measurement is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign.

Memorial sign. A sign, tablet, or plaque memorializing a person, event, structure or site.

Model arrow sign. A sign pointing to development project models having just one word "models" thereon, an arrow or logo, or both, but no commercial advertising.

Model office sign. A sign identifying a project-model sales office.

Model sign. A sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale.

Nameplate or owner designation sign. A sign, other than a directory sign, indicating the name or profession or address of the person or persons residing on the premises or legally occupying the premises, provided that no such sign shall include letters or other symbols or both exceeding four (4) inches in height.

Negative space. The open space surrounding the sign face.

New business construction sign. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the future business, tenants or occupants of the premises. A new business construction sign shall be installed at the construction site within fifteen (15) days after the building permit is issued.

Noncommercial sign means a sign which contains a message not associated with the products, activity or services available on premises where the sign is located. This includes religious messages, political messages or other expressions of personal views, but does not include political signs as defined below.

Nonconforming sign. A sign that does not comply with the sign regulations as of February 14, 2000, but which complied with applicable regulations at the time the sign was erected.

Off-site sign. Any sign relating in its subject matter to businesses, commodities, accommodations, services, facilities, activities or events which are on premises other than the premises on which the sign is located.

On-site sign. Any sign relating in its subject matter to businesses, commodities, accommodations, services, facilities, activities or events which are on the premises on which the sign is located.

Open house arrow sign. A temporary sign pointing to that property which is open for inspection by a potential purchaser. Shall contain no commercial advertising.

Open house sign. A temporary sign erected by the owner of a single or multi-family residence or his agent, indicating that the property is open for inspection by potential purchaser, on a given date and time.

Outdoor identification feature. A permanent or temporary display or structure, or part thereof, intended to call attention to the development or land use, designed and located in such a manner as to be an integral part of the project and with a design not to exceed a size and scale necessary for the recognition from vehicles moving along abutting streets at prescribed legal speeds.

Painted wall sign. A sign painted on any outside wall of any building.

Painted window sign. A permanent sign painted on a storefront window or door, indicating main or accessory uses of the business.

Paper or fabric window sign. A temporary sign displayed within glass display windows for promotion of the business conducted therein.

Parapet. A false front or wall extension above the roof line of any building.

Permanent sign. Any sign with an intended use in excess of twelve (12) months from the date of installation.

Pole or pylon sign. A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is above grade. It does not include real estate signs and signs with dynamic display.

Political sign. A sign or poster advertising either a candidate or public office or a political cause subject to election.

Portable sign. A temporary sign that is not affixed to a building, structure, or the ground. Portable signs include sidewalk signs, sandwich signs and other forms of advertising held or displayed by humans and mannequins.

Price rate gas service station sign. A sign indicating gasoline or petroleum product prices, or both.

Projecting sign. A sign attached to or supported by a building or other structure, or both, and which extends at any angle therefrom.

Promotional gas service station sign. A sign or signs indicating a service, such as mechanical or tune-up, and credit card logo. Also a special sale or gift notice.

Real estate sign. A temporary sign erected by the owner, or his agent, indicating property that is for rent, lease or sale.

Roof sign. A sign erected over, across or on the roof of any building extending above the roof line, which is dependent on the roof, parapet or upper walls of any building for support.

Scoreboard. A sign associated with an athletic field that includes information, statistics, and similar data pertinent to an on-site game or activity and which also may include any sponsor or identification panels.

Sequencing. Using two (2) or more successive signs or screens to convey a message.

Sign. Any object, device, display, structure, light source, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or locations by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. An outdoor identification feature, however, shall not be considered a sign for purposes of this Schedule.

Sign area. The square foot area enclosed by the perimeter of the sign consisting of the sign face and the negative space, including any framing, trim or molding. The supporting framework, base or bracing that is clearly incidental to the sign shall not be included in the sign area.

Sign face (a.k.a. copy and graphic area). The part of the sign area that is or can be used for communication purposes, that is, the area in square feet of the smallest four-sided figure which encloses the copy and graphic of a sign.

Snipe sign. A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.

Special event banner sign. A temporary sign or banner which announces a new event, such as "under new management," "new hours," a sale, or other similar events. The chief sign official shall determine which events qualify for this sign.

Telephone sign. Any sign displayed on the telephone enclosure, booth, or similar privacy structure.

Temporary sign. Any sign with an intended use of twelve (12) months or less.

Unified development. A development consisting of three (3) or more principal structures with common characteristics as determined by the Planning and Zoning Department. Common characteristics may include shared access, similar architecture, single ownership, single management or operation, and site plan history.

Vehicle sign. A sign affixed to a transportation vehicle, including automobiles, recreational vehicles, motorcycles, bicycles, trucks, boats, trailers and camper, for the purpose of identification.

Wayfinding sign. A directional sign that guides the public to key civic, cultural, visitor, and recreational destination within the City or an on-site directional sign that guides the public to other destinations with the property or development, and a sign that identifies the destination consistent with the directional sign.

Window display area. Any area behind a storefront window designed or intended to display visual merchandising in hopes of attracting more profits. Visual merchandising may include, but are not limited to, mannequins, signage, photographs, videos, posters, or other material goods intended for sale, rent or lease to the customer.

(b)

The following acronyms are provided for phrases, words and terms commonly referred to in this Schedule:

CPO—Chief Planning Official

CSO—Chief Sign Official

DRC—Development Review Committee

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 99O-10-154, § 1, 10-25-99; Ord. No. 00O-1-2, § 3, 2-14-00; Ord. No. 02O-01-102, § 1, 1-28-02; Ord. No. 02O-04-123, § 1, 5-13-02; Ord. No. 05O-03-129, § 1, 3-28-05; Ord. No. 08O-08-142, § 1, 9-8-08; Ord. No. 10O-01-102, § 1, 1-25-2010; Ord. No. 11O-11-176, § 1, 11-28-2011; Ord. No. 15O-06-124, § 5, 7-13-2015; Ord. No. 18O-08-130, § 1, 9-12-2018; Ord. No. 22O-10-141, § 1, 11-28-2022)

Editor's note— Ord. No. 00O-1-2, § 3, adopted Feb. 14, 2000, renumbered the former section 1.1 as a new section 2.0.

It shall be unlawful for any person or business to erect, alter, relocate or display within the City any sign or other advertising structure as defined in this Schedule without first obtaining a sign permit from the Chief Sign Official and paying the fee required by this Schedule. All illuminated signs shall, in addition, be subject to the provisions of the electrical code and the South Florida Building Code, Broward Edition, and the permit fees required thereunder. No permit shall be required for refurbishing a sign, provided copy, size, shape and form is not changed.

(a)

Permit application requirements. Application for initial sign permit, when required by the terms of this Schedule, shall be filed upon forms provided by the Chief Sign Official. The application shall provide for the following information (for temporary permits the Chief Sign Official may waive one (1) or more of the items below as applicable):

1.

Name, address and telephone number of applicant.

2.

Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be erected.

3.

Type of sign or sign structure.

4.

Cost of sign stated in dollars, to the nearest whole dollar.

5.

Two (2) sets of blueprints or inked drawings (ten (10) sets for ground and directory signs) of the plans and specifications and method of construction and attachment to the building or in the ground, which blueprints or inked drawings shall be to scale, showing the square foot area of the sign as well as the sign face, height of letters, colors, materials, lighting equipment, if any, and the proposed sign's position relative to buildings and property lines; provided, however, that in the event the proposed sign exceeds twenty-four (24) square feet in area, two (2) of the blueprints or inked drawings shall have affixed thereto the seal of an engineer registered in the State of Florida, including wind load criteria as per South Florida Building Code, except where the sign consists of individually mounted letters.

6.

Name of person(s), firm(s), or corporation(s), or association(s) erecting the sign or structure or any combination of the above.

7.

Written consent of the owner of the building, structure or land to which or on which the sign or structure is to be erected, relocated, maintained or altered.

8.

Any electrical permit required and issued for said sign(s). The electric permit application for the sign must accompany the sign application.

9.

Name of sign contractor and City certificate of competency number.

10.

Such other information as the Chief Sign Official, Chief Planning Official, or Chief Building Official may require to show full compliance with this Schedule and all other laws and ordinances of the City.

11.

Landscaping around base of sign for ground or ground-mounted directory signs. Ten (10) copies of plans must be submitted.

(b)

Permit fee requirements. Sign permit fees shall be paid according to the amounts and Schedules in Section 6-10 of the Lauderhill Code of Ordinances. Any relocation of an existing sign shall require a permit and pay fees as for a new sign.

(c)

Permit application review procedure. This subsection addresses the review procedures for ground signs, wall signs and all other signs. Additions or changes to the approved permanent signage shall require a new application.

1.

Ground sign. Upon receipt of an application for a permit to erect a ground sign, the Chief Sign Official shall:

a.

Examine such plans and specifications and other data required;

b.

Inspect and examine the premises upon which said sign or structure is proposed to be erected; and

c.

Consider visual impact and effect on adjacent properties.

The Chief Sign Official shall have up to forty-five (45) days to review the sign development permit application and make a formal written determination as to the consistency of the application with all applicable requirements. If the sign development permit application is in compliance with all the requirements of this Schedule and all other ordinances of the City, the Chief Sign Official shall provide written notice to the Chief Building Official to issue the sign development permit.

If the sign development permit application is not in conformance with all applicable requirements, the Chief Sign Official may approve the application subject to conditions correcting the application's nonconformance or may deny the application. The Chief Sign Official shall provide written notice to the Chief Building Official to issue the sign development permit with conditions or to deny the application. If the application is denied, the Chief Sign Official shall identify with particularity the nonconforming requirements and recommend how such nonconformities can be remedied.

The Chief Building Official shall issue a written sign development permit authorizing the installation of the referenced sign, provided all provisions of the South Florida Building Code have been met. With each permit issued, the Chief Sign Official shall also cause a label to be issued bearing the number of the sign development permit and further identifying with specificity the sign which the permit authorizes. This label shall then be affixed to the sign or to an adjacent area next to the permitted sign in a manner so that the label will be readily visible for inspection purposes. The absence of such a label upon any sign constructed or installed within the City shall be prima facie evidence of failure to meet requirements of this Schedule.

2.

Wall sign. An application for a sign permit for a wall sign, as defined in this Schedule, shall not be reviewed by the Chief Planning Official. After examination of such plans, specifications and other data required hereunder, and if it shall appear that the proposed sign is in compliance with all the requirements of this Schedule and all other ordinances of the City, the Chief Building Official shall issue a written permit authorizing the installation of the referenced sign.

3.

All other signs. The Chief Sign Official shall be charged with the responsibility for the review and approval of all other sign permit applications, including temporary and permanent window signs and additions or changes thereto, pursuant to the terms, conditions and regulations specified in this Schedule.

4.

Appeal. In the event the sign development permit is denied, the applicant may file a written appeal to the City Commission, said appeal to be filed with the City Clerk. The appeal by the applicant shall be made within ten (10) days of the issuance of the written rejection. Decisions of the Chief Building Official pursuant to the South Florida Building Code shall not be subject to appeal.

5.

Waivers. A waiver shall not be granted unless findings and conclusions to support the following factors exists:

a.

The waiver does not adversely affect the neighboring area;

b.

The waiver does not significantly diminish the provision of public facilities;

c.

The waiver does not create an unsafe situation; and

d.

The waiver does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 93-181, § 3, 2-14-94; Ord. No. 00O-1-2, § 4, 2-14-00; Ord. No. 10O-01-102, § 2, 1-25-2010)

Editor's note— Ord. No. 00O-1-2, § 4, adopted Feb. 14, 2000, renumbered former sections 1.4, 1.6, 1.7, and 1.8, as a new section 3.0.

Any person seeking to erect the signs specifically set forth hereinafter shall be exempt from the requirements of Section 3, provided, however, that this exemption shall in no way exempt the owner of such sign or such sign from the requirements as to structural fitness or safety or both as set forth in this Schedule and the South Florida Building Code, Broward Edition, or other limitations specified in this Schedule:

(a)

Paper window or fabric signs, painted window signs or special sale signs in the Neighborhood Commercial (CN), Community Commercial (CC), General Commercial (CG), Commercial Entertainment (CE) and Light Industrial (IL) zoning districts, provided that such signs, as measured within a rectangle enclosing each item of information, do not cover in excess of forty (40) percent of the total glass area (with full public view) to which said signs are affixed.

(b)

Information signs installed under the direction of a Federal, State, County or City agency, on public property or on the public rights-of-way.

(c)

Nameplate or owner identification signs when letters for said signs do not exceed four (4) inches in height and when said signs do not exceed two (2) square feet in area.

(d)

Vehicle signs, except when said vehicle signs are utilized at a specific location or site for advertising purposes in addition to or in lieu of a permanent or temporary sign as permitted under this Schedule [but subject to Section 14.45 of the Code].

(e)

Any sign announcing an event that is sponsored or jointly sponsored by the City. Any sign to be posted for more than thirty (30) days requires sign development permit approval.

(f)

Construction signs subject to the requirements of paragraph 8.0(a)(5), promotional gas service station signs, entrance and exit at each entrance to control in and out traffic and one (1) nameplate or identification sign.

(g)

Two (2) flags, pennants or banners per temporary office pursuant to Land Development Regulations Article VII, Section 8 for the time period permitted therein, each flag not to exceed fifteen (15) square feet.

(h)

No more than two (2) flags that do not exceed fifteen (15) square feet each on residential property developed with a single- or two-family dwelling unit. Notwithstanding the foregoing, a homeowner may display flag(s) pursuant to F.S. § 720.304 (2)(a) to the extent it is applicable.

(i)

Off-site noncommercial signs; however, the requirements of paragraph 8.0(a)(3) must be satisfied.

(j)

A community homeowner s association sign to announce an upcoming meeting which can be placed within the homeowner s development no earlier than two (2) days prior to the meeting date and which must be removed by noon the day following the meeting. The signs shall not be placed in the public right-of-way.

(k)

Real estate signs.

(l)

Off-site commercial signs displayed within City-owned recreation facilities and intended primarily to support recreation programs. Examples include, but are not limited to, off-site commercial signs displayed within an in-line skating hockey rink and signs on a baseball field fence and backstop.

(m)

No more than three (3) national, state, or local government flags that do not exceed fifteen (15) square feet each per non-residential building, shopping center, or parcel, whichever is most restrictive, provided that the flags are on flag poles approved through the site plan review process. In addition, vehicular dealers offering vehicles for sale may display one (1) flag not to exceed fifteen (15) square feet for each thirty (30) linear feet of street frontage provided such flags are mounted on grounded flag poles and not on vehicles or other structures.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 94-133, § 1, 8-29-94; Ord. No. 00O-1-2, § 5, 2-14-00; Ord. No. 02O-01-102, § 2, 1-28-02; Ord. No. 10O-01-102, § 3, 1-25-2010; Ord. No. 10O-03-111, § 1, 4-12-2010; Ord. No. 13O-03-111, § 1, 4-8-2013; Ord. No. 22O-12-147, § 1, 1-9-2023)

Editor's note— Ord. No. 00O-1-2, § 5, adopted Feb. 14, 2000, renumbered the former section 1.5 as a new section 4.0.

(a)

All buildings within the city shall display their street address, in numerals or letters, or both, not less than six (6) inches in height, or the minimum required by the Florida Building Code and Florida Fire Prevention as amended. Said street address shall be displayed on each building so that said numerals and letters shall be visible from the street or right-of-way upon which said building faces at all times. Should a structure be subdivided into businesses or uses or both, each subdivided use shall have a separate address posted.

(b)

All businesses located within the city shall also display said street addresses on the rear entrances of their businesses in numerals or letters or both not less than six (6) inches in height which shall be readily visible to those who approach the rear entrance of said businesses, or the minimum required by the Florida Building Code and Florida Fire Prevention as amended. The chief sign official shall designate in written form all addresses for compliance with this section. Compliance with this section is a condition precedent to the issuance of a certificate of occupancy.

(c)

Community buildings. All buildings owned and/or operated by community associations shall have the address, including building number and street name, posted on the exterior of the building at the building entrance, the association entrance or entrance to the complex, and in the lobby of the building, if a lobby exists, in numbers and letters at least six (6) inches in height.

(d)

Community and commercial swimming pools. Swimming pools owned and/or operated by community associations and commercial entities shall have the address, including building number and street name, of the swimming pool or the address of the building for which the swimming pool is included, posted so as to be visible from all areas of the swimming pool deck and at the entrance to the community or commercial complex during both daylight and nondaylight hours, in numbers and letters at least six (6) inches in height.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 6, 2-14-00; Ord. No. 25O-04-113, § 2, 5-12-2025)

Editor's note— Ord. No. 00O-1-2, § 6, adopted Feb. 14, 2000, renumbered the former section 1.20 as a new section 5.0.

The following signs shall neither be constructed, erected, placed, repaired, altered nor maintained within the City:

(a)

Advertising signs or sign structures except where specifically permitted in this Schedule.

(b)

Painted signs on a wall, except in the Commercial Warehouse (CW) and Light Industrial (IL) and zoning districts.

(c)

Billboards signs.

(d)

Flashing illuminated signs, including strobe lighting.

(e)

Moving, rotating or animated signs, except a time and temperature unit.

(f)

Signs in public rights-of-way, except for information signs installed under the direction of a Federal, State, County or City agency.

(g)

Pole signs.

(h)

Roof signs.

(i)

Permanent portable signs, except for political signs and hand held signs.

(j)

Reserved.

(k)

Signs projecting in excess of eighteen (18) inches from the structure upon which they are constructed.

(l)

Real estate signs in excess of the size permitted in this Schedule.

(m)

Bare bulb signs.

(n)

Permanent inflatable signs except for temporary inflatable signs.

(o)

Snipe signs.

(p)

Banner signs, except as permitted in paragraphs 9.0(i)(6), 8.0(a)(6), 7.0(j)(2), and 8.0(a)(7).

(q)

Off-site commercial signs in excess of twenty-four (24) square feet, and unless specifically permitted in this Schedule.

(r)

Window signs in excess of forty (40) percent of the total glass area.

(s)

Illuminated outlines of windows.

(t)

Any sign that substantially impedes visibility to the cash register area or interior of store as seen at seated or standing level from a pathway parallel to any facade allowing visibility into the establishment.

(u)

Searchlights or any lighting not an integral part of an allowable sign that is designed or functions to attract attention rather than for required and approved illumination of a premises.

(v)

Any sign not specifically listed as an allowable sign.

(w)

Dynamic display signs, except window signs meeting the standards and requirements of Subsection 8.(b)3.f., Sections 15 and 16 and scoreboard signs in the Regional Park and Local Park zoning districts meeting the standards and requirements of Sections 15 and 16.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 98O-12-188, § 1, 1-11-99; Ord. No. 00O-1-2, § 7, 2-14-00; Ord. No. 06O-01-107, § 1, 2-13-06; Ord. No. 08O-08-142, § 2, 9-8-08; Ord. No. 10O-01-102, § 4, 1-25-2010; Ord. No. 10O-03-111, § 2, 4-12-2010; Ord. No. 110-03-115, § 2, 4-11-2011; Ord. No. 16O-09-146, § 7, 10-31-2016)

Editor's note— Ord. No. 00O-1-2, § 7, adopted Feb. 14, 2000, renumbered the former section 1.11 as a new section 6.0.

Signs erected or maintained in the city under and pursuant to the provisions of this schedule shall be subject to the following regulations, irrespective of the nature, size and location of said sign:

(a)

Not to interfere with public. No sign shall create a traffic or fire hazard, or be dangerous to the general welfare of the citizenry or interfere with the free use of public streets or sidewalks.

(b)

Not to create traffic hazards or distractions to drivers. No sign shall be constructed, erected, used, operated or maintained so as to display intermittent lights to the extent of confusing or distracting a motorist, so as to display intermittent lights resembling or seeming to resemble the flashing lights which are customarily associated with danger or which are customarily used by police, fire or ambulance vehicles, or for navigational purposes.

(c)

Not to imply nonexistent danger. No sign shall be constructed, directed, used, operated or maintained which uses the word "stop" or "danger" or presents or implies the need or requirement for stopping or the existence of danger, or which is a copy or imitation of an official sign. This provision regarding the words "stop" and "danger" or similar words does not apply when the words are a part of attraction titles for a broadcast, motion picture, theater event, opera or concert event, or when they are used in advertising, so long as they are not used to simulate, copy or imply any official traffic warning, either for vehicles or pedestrians.

(d)

Not to interfere with traffic-control devices. No sign shall be constructed, directed, used, operated, or maintained so as to provide background of colored lights blending with the traffic signals to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet.

(e)

Not to be attached to trees, shrubs, utility poles, bus benches, etc. No sign shall be attached or otherwise applied to trees, shrubs, utility poles, bus benches, trash receptacles, sidewalks, crosswalks, curbs, hydrants, bridges, traffic signs or lights, street signs, any wire appurtenances attached thereto, or any other unapproved supporting structure. This does not preclude signs necessary for utility identification or some similar purpose.

(f)

Not to have spinning or strings of spinning devices. No sign shall have spinning, or strings of spinning, or similar type devices.

(g)

Not to be infirmly affixed. Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure shall be prohibited.

(h)

Not to advertise accessory commercial use. No sign indicating the presence of an accessory commercial use in a hotel, motel or apartment building located in a residential district shall be constructed, erected, used, operated or maintained so as to be visible from a public street, walk, or other way.

(i)

Not to be of an immoral nature. No sign shall display any statement, word or character or illustration of any obscene, indecent or immoral nature.

(j)

Not to be erected on public property.

1.

No sign, other than signs placed by agencies of governments, shall be erected on any public property.

2.

The city may place signs including banner signs on city property which announce city events or events which are to occur on city property. Said signs shall not exceed thirty-two (32) square feet in size.

(k)

Not to be allowed to fall into disrepair. All signs must be kept in good condition, neat appearance and good state of repair. Any sign at least fifty (50) percent destroyed must be immediately removed at the owner's expense and a new permit secured before the sign is replaced. If not repaired within a reasonable time, the sign shall constitute a public nuisance and shall be removed by the city at the owner's expense.

(l)

Imprint of owner's name or maker's name. All signs shall be marked with the owner's or maker's name and registry number of the permit issued therefore.

(m)

On-site. All signs shall be on-site unless specifically identified as an off-site sign.

(n)

Substitution. An on-site or off-site noncommercial message may be substituted for a commercial message on any sign permitted pursuant to this schedule. No permit, fee or other requirements of the commercial sign shall be waived if a noncommercial message is utilized.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 8, 2-14-00)

Editor's note— Ord. No. 00O-1-2, § 8, adopted Feb. 14, 2000, renumbered the former section 1.10 as a new section 7.0.

This section addresses the requirements for temporary and permanent signs.

(a)

Temporary permits. In addition to any other regulations and conditions set forth in this Schedule, the following regulations shall apply to each of the signs or types of signs referred to hereinafter and only such temporary signs as are prescribed herein below which conform to and with the provisions of this Schedule shall be permitted to be erected or maintained upon any lot, plot or parcel of land or improvement thereon; provided, further, that no sign so permitted shall exceed six (6) feet in height above the crown of any abutting roadway.

1.

Temporary sales and announcement signs. Maximum allowable sign area in residential districts will be based on the amount of units or lots being developed. The following criteria shall apply for the size of signs permitted:

a.

Residential districts:

b.

Commercial or industrial districts:

(1)

Setback and height: Minimum setback shall be ten (10) feet.

(2)

Measurement of sign area: Sign area shall be measured by copy board area.

(3)

Must be placed on the same property as the units or lots being advertised.

(4)

Expiration of permit:

i.

All temporary sales and announcement signs shall expire one (1) year after the date on the permit.

ii.

Temporary sales and announcement signs may be renewed once for a one (1) year period upon submission of a new application and fee.

2.

Model signs.

a.

Maximum sign area, thirty-two (32) square feet.

b.

Must be located on the same property as the model being advertised.

3.

Off-site noncommercial and political signs.

a.

Temporary off-site noncommerical signs or signs advertising a candidate for public office, or a political campaign, measure or issue scheduled for an election are only permitted subject to the following requirements:

(1)

Standards.

(a)

Residential zoning districts. On property zoned residential district, the maximum sign size is three (3) square feet or eighteen (18) inches by twenty-four (24) inches. The maximum sign size in residential zoning districts does not apply to magnetic signs temporarily affixed to the door of a passenger automobile.

TABLE (3A.): OFF-SITE NONCOMMERCIAL AND POLITICAL SIGNS

(b)

Nonresidential districts. On property zoned nonresidential, the maximum sign size is restricted to thirty-two (32) square feet, with a maximum height of eight (8) feet.

TABLE (3B.): OFF-SITE NONCOMMERCIAL AND POLITICAL SIGNS

i.

Placement of signs. On property zoned nonresidential, no sign. poster, banner or placard of any type shall be affixed, painted, tacked, or nailed to any utility poles, trees, or buildings, or otherwise displayed, placed or located on any state, County or City rights-of-way and/or median strips within the City limits. See Florida Statute § 479.11(8).

ii.

No sign shall be placed within one-hundred fifty (150) feet from any polling site building entrance. Any sign so placed is subject to immediate removal by the Broward County Supervisor of Elections Office. See Florida Statute § 102.031(4)(a) and (b).

iii.

No sign shall be placed within ten (10) feet of any City of Lauderhill permanent sign.

(2)

Prohibited signs. No sign shall be attached or otherwise applied to trees. shrubs, utility poles, bus benches, trash receptacles, sidewalks, crosswalks, curbs, hydrants, bridges, traffic signs or lights, street signs or any other unapproved supporting structure.

(3)

Illumination prohibited. Signs shall not be illuminated or constructed of a reflective material and shall not contain any signs, streamers, movable items, fluttering, spinning, totaling or similar attention attractors or advertising devices.

(4)

Location of signs. No sign shall block corner visibility or be located in a required sight visibility triangle. All signs shall be placed and erected in a safe and appropriate manner.

(5)

Enforcement procedures.

(a)

Application. With the exception of signs erected by the City, any candidate, individual or organization that intends to post a political sign or noncommercial sign, must first file an application with the Finance Department before signs are erected, providing name, address, and telephone numbers of applicant.

(b)

Bond. Every applicant, who wishes to display off-site noncommercial or political signs on real property located in the City of Lauderhill must post a nonrefundable cash bond in the amount of two hundred dollars ($200.00) with the City of Lauderhill before posting any signs in the City of Lauderhill. Failure to post a bond shall result in a citation being issued for fifty dollars ($50.00) per day against the candidate for political signs or against the applicant for off-site noncommercial signs. If the sign bond is depleted as a result of repeat violations, the candidate shall be required to post a new sign bond in the amount of two hundred dollars ($200.00).

(c)

Removal of improper political signs and off-site noncommercial signs. Political campaign signs and off-site noncommercial signs not posted in accordance with these regulations shall be subject to removal by the candidate, the property owner, or the City. If the City removes the sign, the City shall deduct the cost and expense of removal from the posted cash bond.

(d)

Date of installation. No political sign or off-site noncommercial sign shall be displayed, erected or installed on nonresidential property prior to ninety (90) days immediately preceding any election, event or meeting which is the subject matter of the sign.

(e)

Date of removal. Each and every sign posted by an applicant, a candidate, or his/her supporters must be removed within seven (7) days from the day of the event, meeting, or election in which the candidate's victory or defeat is determined. If a candidate participates in a run-off and has a general election to follow, the signs may remain up until the general election is complete, with no further sign bond required.

(f)

Responsibility for removal. For purposes of this Section, each political candidate is responsible for each sign advertising his or her candidacy, regardless of who posted the sign or whether the sign is posted with authorization from the political candidate. The person or persons posting a political candidate's campaign sign shall be regarded as an agent of the candidate. The applicant is required to remove any nonpolitical off-site noncommercial sign.

b.

Violation; Penalty. For signs on commercial property only.

(1)

The person(s) to be charged with violation of this Section shall be the candidate(s) or person or entity whose name(s) appears and is advertised on the prohibited sign, poster, banner or placard or the campaign treasurer and sponsors of any other type of political campaign or issue which campaign or issue appears and is advertised on the prohibited sign, poster, banner or placard. Notice shall be given to the person(s) described herein of violation of Schedule I, Section 8. After notice is given, compliance must be achieved within forty-eight (48) hours. If compliance is not achieved within forty-eight (48) hours, a civil citation may be issued by a City of Lauderhill Code Enforcement Officer.

(2)

In addition to the bond forfeiture specified above, violation of any of the provisions of Schedule I, Section 8 shall be punishable by a fine of fifty dollars ($50.00) per violation. Each prohibited sign shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(3)

Any and all outstanding fines for violating this section assessed against a candidate must be satisfied prior to his or her qualification to run in any future city election.

4.

Real estate signs permitted in zoning districts.

a.

In residentially zoned areas, one (1) nonilluminated real estate sign by owner or his agent, not to exceed four (4) square feet in area, shall be permitted on a plot, provided that such sign is located no less than fifteen (15) feet from the property line. Corner properties are allowed one (1) sign per street front. Golf course and canal lots are allowed, in addition, one (1) sign in the rear. Signs must say "for sale" or "for rent" or "for lease," and may list the name, address and phone number of the owner or listing broker, and up to two (2) accessory uses.

b.

In commercially and industrially zoned areas, vacant stores and offices shall be permitted to post one (1) "for lease" sign on the parcel. This sign shall not exceed thirty-two (32) square feet. On vacant land one (1) "for sale" or "for lease" sign shall be permitted per parcel. This sign shall not exceed thirty-two (32) square feet. One (1) "open for inspection" or "open house" sign is permitted not to exceed four (4) square feet, only when the owner or agent is on the premises. These signs may remain only so long as a vacancy exists or the property has not been sold.

c.

Four (4) nonilluminated open house directional signs, to be located on private property or contiguous swale areas only with the consent of the property owner, not to exceed four (4) square feet in area, shall be permitted to be erected by an owner or his agent on weekends and legal holidays only. Any such signs shall be displayed no sooner than twenty-four (24) hours prior to the open house and removed no later than twenty-four (24) hours after the open house.

5.

Construction signs and new business construction signs in all districts. Construction signs and new business construction signs may be permitted during the time of construction only and such sign shall not exceed four and one-half (4½) square feet (eighteen (18) inches × thirty-six (36) inches) of sign face. No permit shall be required for the sign itself. New business construction signs shall be installed at the construction site within fifteen (15) days after the building permit is issued.

6.

Grand opening signs. A new business may utilize either grand opening banner or pennant signs, or a grand opening inflatable sign, but not both, as set forth herein:

a.

Grand opening banner or pennant signs.

(1)

May be displayed once during the first year after a business opening for a period not to exceed ninety (90) days.

(2)

One (1) sign may be displayed on each frontage of the business.

(3)

If displayed in a window, shall not exceed fifty (50) percent of the glass area.

(4)

May be hung from a marquee or on the exterior wall or parapet of the building containing the business.

(5)

Must display the words "grand opening."

b.

Grand opening inflatable sign.

(1)

One (1) inflatable sign may be displayed once during the first year after a business opening for a period not to exceed fifteen (15) days.

(2)

May not exceed thirty-five (35) feet in height.

(3)

Application must:

(a)

Provide name and address of business owner and company that will provide and affix the balloon.

(b)

Provide letter of permission signed by property owner or its agent.

(c)

Provide method of affixing balloon to building that must be approved by the Building Official.

(d)

Provide evidence of at least two hundred thousand dollars ($200,00.00) in property damage and personal injury insurance in a form acceptable to the City, naming the City as an additional insured.

(4)

The inflatable sign must display the words "grand opening."

(5)

Prior to erecting the inflatable sign the applicant must obtain permission to do so by special exception from the City Commission, the fee for which shall be one hundred fifty dollars ($150.00). Notice shall be given by an advertisement that shall be published in a newspaper of general circulation once at least five (5) days prior to the meeting at which the special exception shall be considered. All other requirements of the Land Development Regulations Schedule E, Section 5(9) shall be waived.

7.

Temporary promotional signage. Temporary promotional signage must be approved by the Chief Sign Official after application on forms approved by the Planning and Redevelopment Department.

a.

Temporary promotional signage may consist of banners, window signage, portable signs, pennants and other temporary signage provided the total signage area under any one (1) permit application does not exceed thirty (30) square feet.

b.

Signage may be approved that does not contain any specifically prohibited types of signage or elements thereof.

c.

Temporary promotional signage may be approved for non-consecutive days if the nature of the promotion so warrants.

d.

Pennants, hand held signs and balloons are limited to three (3) days per permit for existing businesses and ten (10) days per permit for businesses in their first six (6) months of operation.

e.

Fees for temporary promotional signage are described in Section 6-10 of the Code of Ordinances. A maximum sixty (60) days per calendar year per business is allowed for temporary signage and only one (1) such permit shall be allowed during any such period.

8.

Roadside memorial signs. Although the City encourages an alternate means of memorial such as the placement and dedication of a tree within a City park, roadside memorial signage within the City shall be permitted as follows:

a.

Roadside memorial signs are permitted only in locations where vehicular fatalities have occurred and only within non-residential areas.

b.

Roadside memorials may be located within the public right-of-way, but shall not be located closer than five (5) feet from the edge of pavement or five (5) feet from the edge of a sidewalk. Flowers, wreaths, or other paraphernalia affixed to, or placed adjacent to or near, the sign shall be subject to removal by the City at any time, without notice, and will be discarded.

c.

There shall be no activities while the memorial marked is in place that pose a safety hazard to the public or violate any provisions of Chapter 316, Florida Statutes, concerning stopping, parking or obstruction of traffic on public roads.

d.

Roadside memorial signs shall be installed only by City personnel after approval of an application has been made for their placement within the right-of-way. The height of the sign shall be no greater than thirty-six (36) inches and the roadside memorial signage shall be twelve (12) inches in diameter and be limited in its content, if any, to the phrase "DRIVE SAFELY in the memory of [insert name(s) of decedent(s)]" with the text written in such colors and on such background as the City may specifically designate for such purposes.

e.

The application shall be made to the Department of Environmental and Engineering Services Director on such forms as the City may designate. The application and installation fee shall be twenty dollars ($20.00).

f.

There shall be no more than one (1) roadside memorial sign per accident location where a death has occurred.

g.

Roadside memorial signs shall be permitted for an initial period of one (1) year and may be renewed for a second year upon reapplication and payment of an additional permit fee.

h.

Any roadside memorial sign found installed contrary to the provisions of this section within the City rights-of-way shall be removed by the City.

9.

Corridor special events. To promote the branding of the below identified corridors as significant business destinations, notwithstanding Code of Ordinances Section 12.9, the City shall allow one (1) consecutive four-day period per calendar year the outdoor display of merchandise and portable signs and the outdoor placement of furniture (e.g., tables and chairs) and equipment (e.g., canopies, generators, grills, kiosks, push carts).

a.

University Drive (a/k/a Décor Row);

b.

Commercial Boulevard;

c.

State Road 7; and

d.

Oakland Park Boulevard.

To initiate a corridor special event, at least sixty (60) days prior to the event dates at least four (4) property must sign a petition proposing the dates of such special event and shall file an application with the Planning and Redevelopment Department (Department). The Department is authorized to prepare such application.

(b)

Permanent permits. Only such permanent signs as are detailed herein below shall be permitted to be constructed, erected, placed, repaired, altered or maintained upon any building, lot, plot or parcel of land:

1.

RS-4 and RS-5 zoning districts. One (1) community identification sign shall be permitted at each entrance not to exceed thirty (30) square feet of sign face or six (6) feet above ground level. Such sign shall not necessarily be built flush with the ground.

2.

All RM zoning districts, except RMH-50.

a.

One (1) nameplate sign which shall be permitted shall not exceed two (2) square feet of sign face. No permit shall be required.

b.

One (1) ground sign or one (1) wall sign or both indicating the name and address of the complex, not to exceed seventy-two (72) square feet in overall area or eight (8) feet above the crown of any abutting street or road. The setback from the front or side property line shall be a minimum of ten (10) feet. One (1) such sign may be permitted at each entrance to the complex. Such ground signs shall be built flush with the ground on a masonry, metal or rot-resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. A planter box or other landscaping shall be at the bottom with curbing for protection from vehicles.

c.

Apartment complexes may incorporate a statement on the ground sign or on an exterior wall sign permitted in paragraph b. above, in four (4) words or less, that it is a rental development.

d.

One (1) community identification sign shall be permitted at each entrance not to exceed thirty (30) square feet of sign face or six (6) feet above ground level. Such sign shall not necessarily be built flush with the ground.

e.

Areas designated Residential Irregular Dashed Line Area on the Future Land Use Map Series are allowed up to seven (7) community information signs. Such community information signs shall be structurally sound, be professional designed and painted, shall not exceed thirty-two (32) square feet, shall not exceed a height of ten (10) feet as measured from the centerline of the crown of the adjacent roadway, and shall be kept and maintained in good repair.

3.

CO, CN, CC, CG, CW, and RMH-50 zoning districts.

a.

One (1) exterior wall identification sign above the storefront shall be permitted for each business conducted on the premises not to exceed a square footage of two (2) times the width of the store facade. A mansard or marquee or awning sign may be used for the location of such wall signs. However, in no case shall such signs project higher than the top of such mansard or marquee. Where the building contains only one (1) business and is on a corner plot or in excess of twenty-five (25) feet from the side plot-line, or where a business has a corner location, then one (1) additional exterior wall sign not to exceed the size permitted on the front shall be permitted. In CW zone districts, painted wall signs shall be permitted.

b.

A hanging marquee sign shall be permitted for each business conducted on the premise. Such sign shall not exceed six (6) square feet, provided that the lower edge of such sign is at least seven and one-half (7½) feet from the sidewalk surface.

c.

A nameplate identification sign shall be permitted on or near the front and the rear door of the business conducted on the premises with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet.

d.

In CN, CC, CG and CW zoning districts, up to forty (40) percent of the total glass area may be devoted to window signs in any mixture of the following categories:

(1)

A temporary paper or vinyl material or professionally painted sign provided such sign is professionally prepared, applied or constructed; and

(2)

Internally illuminated window signs may comprise fifty (50) percent of the allowable window signage area but shall not exceed a maximum thirty-two (32) square feet.

e.

One (1) ground sign/ground directory sign shall be permitted in shopping centers, single tenant buildings and office buildings per vehicular entrance subject to the limitations in [the] table below. Such ground signs/directory signs shall be built flush with the ground on a masonry, metal or rot-resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. The overall sign shall not exceed two (2) feet beyond the sign face on top and sides. A planter box or other landscaping shall be at the bottom with curbing for protection from vehicles. The size of such signs shall not exceed the limitations as follows:

The setback from the front and side property line shall be a minimum of ten (10) feet. In the case of multiple tenants in shopping centers and office buildings, no one (1) tenant will be allowed to utilize the maximum size.

f.

In the General Commercial (CG) zoning districts, up to three (3) square foot dynamic display window signs are permitted to be dynamic display signs subject to the following special conditions in the CG zoning districts:

(1)

No animation, wipes, or fades and minimum of sixty (60) seconds between message changes.

(2)

Dynamic display ground signs must separated from one another by five hundred (500) linear feet as in a straight line between the nearest points of the sign and not as specified in Article I., Section 1.5.

(3)

Freestanding buildings and shopping centers shall be allowed no more than one (1) dynamic display window sign for each of the first two (2) retail businesses located on the ground floor and one (1) additional dynamic display window sign for each three (3) businesses in addition to the first two (2). The building owner shall submit a unified plan to the Chief Sign Official indicating which businesses will utilize dynamic display window signs and the plan must be approved prior to the issuance of any permits for dynamic display window signs. Dynamic display window signs in the CG zoning districts shall be exempt from Sections 15.2.b. and 15.2.e. of these regulations.

g.

Theaters, playhouses, other entertainment establishments, and other establishments presently having changeable copy signs, shall be permitted an additional wall sign to display changeable copy not to exceed eighty (80) square feet in sign face. Multiple theaters shall be permitted additional sign area, not to exceed twenty-four (24) square feet per additional screen.

h.

Time and temperature signs. Signs showing the time and temperature may be permitted as part of allowed ground signs in business districts provided that not more than four (4) feet in height is added to the allowable height of the ground sign.

i.

Promotional gas service stations signs. Various promotional type signs advertising a service, convenience, or gift, shall be permitted providing that such signs are placed on the window and do not exceed twenty-five percent (25%) of the total glass area. (See paragraph 8.0.b.7) below.) No permit shall be required.

j.

Entrance and exit signs shall be permitted at each entrance and exit to control in and out traffic, pursuant to paragraph 9.0(h).

4.

I-1, U-1, CF and S-1 zoning districts.

a.

One (1) nameplate or identification sign shall be permitted on or near the front and rear door of the building with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet. No permit shall be required.

b.

One wall identification sign shall be permitted not to exceed in square footage two times the width of the building frontage.

c.

Painted and permanent window signs shall be permitted when professionally applied in paint or vinyl and limited to thirty (30) percent of the glass surface to which they are applied. No permit shall be required.

d.

One (1) ground/directory sign shall be permitted per site street frontage, such sign shall be flush built with the ground on a masonry, metal or rot resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. The sign must be on a five foot minimum width landscape island with curing for protection from vehicles. The size of such sign shall not exceed the limitations as follows:

5.

Directory signs. All commercial and industrial developments shall have one (1) directory sign, subject to requirements as set forth elsewhere in this schedule.

6.

Multi-family signs. All condominium and multi-family developments must have one (1) sign at the main entrance that identifies the complex or names the development.

7.

Retail gasoline service stations, signs and prices. The term "retail gasoline service station," as used in this section, shall mean any retail service station that sells to the public gasoline, gasohol or diesel fuel.

a.

At least one price sign per gasoline station, service station other retail gasoline outlet is required (illuminated or otherwise). Said sign shall be prominently placed and be easily read from a passing motor vehicle on abutting streets. The size of the sign shall be limited to a maximum of fifteen (15) square feet, and shall be a minimum of twelve (12) square feet.

b.

Should a gasoline station, service station, or other retail gasoline outlet sell leaded gasoline fuel, at least one octane level price in a unit price increment must be displayed in numerals no smaller than ten (10) inches tall on said sign. Should a gasoline station, service station, or other retail gasoline outlet also sell unleaded gasoline fuel, at least one octane level price, in a unit price increment, must also be displayed in numerals no smaller than ten (10) inches tall, on said sign.

c.

If a unit price is in increments of less than one gallon, i.e., gasoline is priced at one-half (½) gallon increments, or liters, then said fraction of a gallon and/or liter or other fractional amount must be displayed on the price sign in numerals not less than eight (8) inches tall.

d.

All price signs for gasoline products at gasoline service stations shall display separately and specifically with equal prominence the full-service price and the self-service price in numbers or letters of equal size and on equally sized backgrounds with the same color combination and with equal illumination, if any. The number of signs for self-service shall be equal.

e.

If at any time a price for a particular grade of gasoline is displayed or that the price of gasoline is for "self-serve" or "full-serve," said gasoline product or such service must be available.

f.

Any person who owns or manages a gasoline station, service station or other retail gasoline outlet and who shall violate any of the provisions of this section shall, upon conviction before a court of competent jurisdiction, be subject to a fine of fifty dollars ($50.00). Each day of noncompliance shall be a separate violation.

8.

Handicapped sign requirements. Each parking space for the handicapped shall comply with Section 316.1955, Florida Statutes, as currently existing or as may be amended from time to time. Required standards shall be prepared by the chief sign official and be available upon request. Handicapped parking signs shall bear the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY" and shall be of a height no less than six (6) feet above the paved parking area. However, those signs in existence prior to May 30, 1989, which measure between four and a half (4½) and six (6) feet above grade shall be deemed in compliance with this section.

9.

Drive-in establishment signs. Drive-in establishments shall be permitted to erect the following signs on their site:

a.

Traffic control signs pursuant to paragraph 9.0(h), not to exceed four (4) signs per site.

b.

One sign which shall set forth the establishment's food and drink menu for each drive-thru lane for drive-in eating establishments.

c.

One sign which shall indicate maximum permitted vehicle height for roof or other clearances for each drive-thru lane.

10.

Flags. A sign permit shall be required for flying one (1) or more flags on any residential property exceeding a two-family dwelling unit, for flying more than two (2) flags on any single- or two-family dwelling unit and flying more than one (1) flag on any non-residential property except as is provided for in Subsection 4.0.m. All flags must be flown from a pole that is attached to the ground except that for single- and two-family dwelling units flags may be affixed to the wall of the dwelling in appropriate brackets.

a.

Application. A site plan modification application and fee shall be filed with the Chief Sign Official. The site plan modification shall show, at a minimum, the location of each flag in relation to the elevation, landscaping and aesthetic appearance of the building or lot where the flags are to be displayed. The Chief Sign Official may require other documentation deemed necessary to make a determination on the application. The Community Appearance Committee shall approve, approve with conditions, or deny the site plan modification application for flags consistent with the Community Appearance Committee permit applications requirements, the requirements herein and the appeal requirements.

b.

Maximum number. The maximum number of flags allowed for any single property is one (1) for each thirty (30) linear feet of street frontage but not to exceed four (4) flags.

c.

Maximum size. Each flag is limited to a maximum size of fifteen (15) square feet, except in those instances where F.S. § 720.304(2)(a) is applicable.

d.

Maintenance. All flags shall be maintained in good order, and shall not be discolored, tattered, torn or ripped.

11.

PO, PR and PL zoning districts.

a.

One (1) nameplate or identification sign shall be permitted on or near the front and rear door of the building with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet. A permit shall not be required.

b.

One (1) wall identification sign shall be permitted not to exceed in square footage two (2) times the width of the building frontage.

c.

Painted and permanent window signs shall be permitted when professionally applied in paint or vinyl and limited to thirty (30) percent of the glass surface to which they are applied. A permit shall not be required.

d.

One (1) ground/directory sign shall be permitted per site street frontage, such sign shall be flush built with the ground on a masonry, metal or rot resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. The sign must be on a five (5) foot minimum width landscape island with curbing for protection from vehicles. The size of such sign shall not exceed the limitations as follows: Eight (8) feet high with thirty (30) square feet of signage for the PO and PL zoning districts; and fifteen (15) feet high with one hundred twenty (120) square feet of signage in the PR zoning district. In the PL and PR zoning districts, a ground sign may have changeable copy and electronic signage.

12.

House of religious worship. For a house of religious worship in a free standing building, one (1) on-site ground/directory sign shall be allowed per site street frontage. Such sign shall be built flush with the ground on a masonry, metal or rot resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. The sign must be located within a minimum five-foot wide landscaped island and curbing must be provided for protection from vehicles. The size of such sign shall not exceed a height of eight (8) feet as measured from the crown of the abutting street and the maximum size of the sign area or face is forty (40) square feet. Up to a maximum of seventy (70) percent of the sign may be changeable copy or electronic to announce schedules and events.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 98O-11-178, § 1, 11-23-98; Ord. No. 00O-1-2, § 9, 2-14-00; Ord. No. 02O-01-101, § 1, 1-28-02; Ord. No. 02O-01-102, §§ 3, 4, 1-28-02; Ord. No. 02O-08-153, § 1, 9-9-02; Ord. No. 03O-10-192, § 1, 11-24-03; Ord. No. 04O-09-212, § 1, 9-27-04; Ord. No. 05O-08-169, § 1, 9-12-05; Ord. No. 07O-01-104, § 1, 2-12-07; Ord. No. 10O-01-102, §§ 5, 6, 1-25-2010; Ord. No. 10O-03-111, §§ 3—5, 4-12-2010; Ord. No. 10O-03-114, § 2, 4-12-2010; Ord. No. 110-03-115, §§ 1, 3, 4, 4-11-2011; Ord. No. 11O-11-176, § 2, 11-28-2011; Ord. No. 13O-03-111, §§ 2, 3, 4-8-2013; Ord. No. 18O-08-130, § 1, 9-12-2018; Ord. No. 21O-06-118, § 1, 6-28-2021; Ord. No. 22O-10-141, § 2, 11-28-2022; Ord. No. 25O-06-119, § 1, 7-14-2025)

Editor's note— Ord. No. 00O-1-2, § 9, adopted Feb. 14, 2000, renumbered the former sections 1.12, 1.14, 1.21, 1.22, and 1.24 as a new section 8.0.

Editor's note— Ord. No. 10O-01-102, § 6, adopted Jan. 25, 2010, contained a scrivener's error which set out provisions intended for use as Sch. I, § 7.0(b). At the editor's discretion, these provisions have been included as Sch. I, § 8.0(b).

Any and all signs permitted by this Schedule to be constructed, erected, placed, repaired, altered or maintained within the City shall be so constructed, designated and located as hereinafter provided:

(a)

Structure. Every sign, together with its framework, braces, angles or other supports, shall be maintained in a safe condition, properly secured, supported and braced, and shall be kept in good structural condition, clean and well painted at all times.

(b)

Support. Every sign shall be constructed to withstand pressure as set forth in the Florida Building Code, Broward Edition, as may be amended from time-to-time and shall be rigidly and firmly braced and securely attached to the building or structure by bolts, anchors, chains, cables, or guys, all of which must be metal, provided by the code.

(c)

Wood. All wood signs shall be of rot and deterioration resistant materials.

(d)

Determination of sign size. The maximum size of a sign, sign area, and letter/number size shall be the size prescribed in this schedule. Where such sizes are not provided, the sizes shall be determined through the methodology described in the latest edition of the American Planning Association's, Street Graphic and the Law (Planning Advisory Service Report Number 527, August 2004).

(e)

Location of signs. In determining the location of signs, the overall visual effect on adjacent business or residential zoned properties and on drivers shall be considered. Except for traffic-control signs, signs shall not be located within a site triangle.

(f)

Illuminated, internally illuminated and dynamic display signs. No illuminated, internally illuminated or dynamic display signs shall face a residential district or be placed in such a way as to allow light to adversely affect or be a nuisance to the residential district. Further, no such sign shall cause disability glare, discomfort glare or other hazard to drivers.

(g)

Additional signs. Once erected, no additional signs shall be attached to an approved sign on a temporary or permanent basis.

(h)

Traffic-control signs. Necessary signs for the control of traffic on private premises or entering or leaving the premises in all business districts shall bear no advertising. Wording shall be terse, the size of signs shall not exceed six (6) square feet, and the top of the sign shall not be higher than six (6) feet above-ground.

(i)

Shopping centers and office complexes.

1.

New. Whenever a new shopping center or office complex is developed, then all exterior wall signs or marquee signs permitted shall be harmonious in design, color, style and type of lettering and overall maximum height per a designated sign criteria. Said sign criteria shall use only three (3) colors, one of which must be the background color and such background color must be uniform on all signs. Shadowing of letters shall not count as a permitted color. Company logos are permitted, and do not count as accessory uses nor as one of the permitted colors.

The owner or agent of such a new shopping center or office complex shall submit the sign criteria to the chief sign official (CSO) prior to any sign permits being processed. No sign permit shall be issued unless such criteria are submitted and the sign permit requests are in conformance with them.

2.

Existing. In an existing shopping center or office complex, prior to a sign permit application being processed through the CSO for a new or an altered sign, it shall be required that the owner or agent of such a center or complex submit a sign criteria to the CSO to be used in reviewing the new and subsequent applications. Said sign criteria shall use only three (3) colors, one of which must be the background color and such background color must be uniform on all signs. Shadowing of letters shall not count as a permitted color. Company logos are permitted, and do not count as accessory uses or as one of the permitted colors. No sign permit shall be issued unless such criteria are submitted and the sign permit requests are in conformance with them.

3.

In the case of channel lettering or reverse channel lettering, the background color shall be the color of the building to which the sign is attached or the standard raceway colors of bronze, gold, silver or white.

4.

Upon a shopping center or office complex being approved for a three-color sign criteria, the shopping center or office complex may change the criteria through written notice to the CSO, which shall permit the change in criteria. Upon the City allowing any change of the criteria, the shopping center or office complex must have all signs conform to the new criteria within one (1) year thereafter.

5.

Outparcels shall be considered as part of the shopping center or office complex for purposes of this section.

6.

Banners and banner signs are permitted through minor review, and with the approval of the CSO. Banners and banner signs are permitted one or two per pole, parallel to each other, and permanently fixed. The maximum permitted size of the banner or banner sign shall be based on the size of the road right-of-way, as follows:

a.

For right-of-way up to sixty (60) feet, maximum size of banner: Twenty-four (24) inches by thirty-six (36) inches;

b.

For right-of-way between sixty (60) feet and one hundred (100) feet, maximum size of banner: Thirty-six (36) inches by seventy-two (72) inches; and

c.

For right-of-way in excess of one hundred (100) feet, maximum size of banner: Thirty-eight (38) inches by sixty (60) inches.

The color must coordinate with the building color and they must be presented and maintained in a clean and neat fashion at all times. Banners and banner signs must meet specifications established by the CSO. The minimum height above the ground for a banner or banner sign is seven and one-half (7½) feet from the lowest point on the banner. Minimum spacing on banners shall be thirty (30) feet on center.

(j)

Exterior wall signs. Wording on exterior wall signs shall be restricted to identification of the main use of the establishment and optionally accessory uses not to exceed twenty-five (25) percent of two times the width of the store facade.

(k)

Ground signs or directory signs of shopping centers and office complexes. In shopping centers or office complexes only the name and/or address of such shopping center or office complex shall be permitted on a ground sign. On a directory sign, the names and address shall be permitted along with the names of tenants.

(l)

Ground signs generally. Ground signs shall conform to color criteria established for the center. No ground sign shall be located closer than fifty (50) feet from an existing ground sign.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 10, 2-14-00; Ord. No. 08O-08-142, § 3, 9-8-08)

Editor's note— Ord. No. 00O-1-2, § 10, adopted Feb. 14, 2000, renumbered the former section 1.13 as a new section 9.0.

(a)

Any change or alteration of any kind to a nonconforming sign, except for change of copy or maintenance of the sign, must be in conformance with the requirements of this Schedule.

(b)

Any change or alteration of any kind to a nonconforming sign, without first having obtained a permit, shall result in the nonconforming sign becoming an illegal sign.

(c)

Nonconforming signs in the following categories will become illegal signs as of the dates stated below.

1.

Banners and paper signage: February 28, 2010.

2.

Illuminated window signage: June 30, 2010.

3.

Landscaping visibility trimming or relocation: June 30, 2010.

4.

Shopping center color criteria: June 30, 2011.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 11, 2-14-00; Ord. No. 10O-01-102, § 7, 1-25-2010)

Editor's note— Ord. No. 00O-1-2, § 11, adopted Feb. 14, 2000, renumbered the former section 1.15 as a new section 10.0.

(a)

Time extensions. In the event a person is desirous of seeking an extension to comply with the provisions of this Schedule, an application for same may be filed with the City Manager and may be granted for up to twelve (12) months where, in the City Manager's sole discretion, it is determined that said person was not properly noticed as provided for in this Schedule.

(b)

Variances. It is recognized that due to the diversity of the development of the City, the rules and regulations provided herein do not and cannot address all situations pertaining to the construction, erection, placement, repair, alteration and maintenance of signs within the municipal boundaries of the City. The City Commission is, therefore, empowered to grant a variance from the provisions of this Schedule in cases of hardship.

In the event a person is desirous of seeking a variance to the provisions of this Schedule, such person, or his or her authorized agent, shall file a petition in such form as determined by the Chief Sign Official of the City.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 96O-132, § 26, 8-26-96; Ord. No. 00O-1-2, § 12, 2-14-00)

Editor's note— Ord. No. 00O-1-2, § 12, adopted Feb. 14, 2000, renumbered the former sections 1.18 and 1.19 as a new section 11.0.

(a)

Each and any permit issued hereafter pursuant to the terms, conditions, regulations and provisions of this Schedule may be revoked at any time by the CSO, upon the determination that a particular sign exists and its existence is not in full compliance with the provisions of this Schedule; provided, however, that the CSO has notified the owner of such sign, in writing, of such defect or noncompliance and the owner of such sign has not remedied the defect or noncompliance within the thirty (30) days allowed for the remedy of such defect or noncompliance in accordance with the terms of subsection 13.0(b) herein set forth.

(b)

In the event the applicant or owner of a sign proposed to be erected pursuant to the issuance of a valid permit fails to erect, establish or place the sign for which the permit was issued within three (3) months subsequent to the date of the issuance of said permit, then said permit shall automatically expire and shall be of no further force and effect unless an extension has been granted as per subsection (c) below. Any individual erecting such sign after the revocation shall be deemed in violation of the terms, conditions, regulations and provisions of this Schedule as if said owner or applicant had never received or applied for a permit pursuant to the terms of this Schedule.

(c)

Within three (3) months of the issuance of a sign permit, the applicant may apply for no more than one (1) three-month extension of the permit. No fee shall be required.

(d)

After a permit or subsequent extension has expired, no additional permit shall be issued unless a new application shall have been filed and all required fees have been paid again with the new application.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00-000, § 1, 2-14-00; Ord. No. 00O-1-2, § 13, 2-14-00)

Editor's note— Ord. No. 00O-1-2, § 13, adopted Feb. 14, 2000, renumbered the former section 1.9 as a new section 12.0.

(a)

Abandonment. Any sign abandoned for a period of forty-five (45) consecutive days shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or property upon which said sign(s). The CSO shall notify by certified letter the owner and tenant, based on property ownership and occupational license records, that the sign is abandoned. The owner and tenant shall have ten (10) business days from receipt of the letter to answer the sign abandonment petition and provide substantial competent evidence that the use and sign has not been abandoned. Within ten (10) business days, the CSO shall review the answer and issue by certified mail to the owner and tenant a final sign letter concluding either the sign has been abandoned and must be removed within ten (10) business days or the sign is still active. The owner may appeal the CSO's determination to the City Commission by filing an appeal with the City Clerk within ten (10) business days of receipt of the CSO's final sign letter.

(b)

Removal. Illegal signs erected without permit in the City, shall be removed at the expense of the owner of the real estate on which such signs are located, or at the expense of the owner of such signs within ten (10) working days after notice by any duly designated Code Compliance Officer. The City reserves the right to remove any such illegal signs if the owner thereof fails to comply with this requirement for removal, and the City is hereby vested with authority to appropriate the materials obtained from such signs and to credit the current market value thereof to the owner against the cost of such removal.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 14, 2-14-00)

Editor's note— Ord. No. 00O-1-2, § 14, adopted Feb. 14, 2000, renumbered the former section 1.16 as a new section 13.0.

(a)

Inspection. Any duly designated Code Compliance Officer shall have the right to enter onto property to inspect signs and shall enforce the provisions of this Schedule. Duly designated Code Compliance Officers are hereby authorized and directed to cite and remove all signs from areas in which such signs are prohibited by this Schedule or which are erected, constructed, placed, repaired, altered or maintained contrary to the provisions of this Schedule; provided, however, notice of violation shall be served upon the establishment setting forth the details of the violations and shall provide for a period of ten (10) working days from the receipt of said notice for corrections.

(b)

Enforcement. Enforcement shall be by the Code Enforcement Board of the City or the Circuit Court of Broward County.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 15, 2-14-00; Ord. No. 10O-01-102, § 8, 1-25-2010)

Editor's note— Ord. No. 00O-1-2, § 15, adopted Feb. 14, 2000, renumbered the former sections 1.2 and 1.17 as a new section 14.0.

15.1. Findings and conclusions. The City Commission makes the following findings of fact and conclusions to support Schedule I., Sections 15.0 and 16.0:

a.

Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers generally are more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes.

b.

Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain conditions or restrictions. The conditions or restrictions are intended to minimize potential driver distraction and to minimize proliferation in those zoning districts where signs can adversely impact the character of the area within the zoning district.

c.

Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate.

d.

A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign.

e.

In conclusion, the City Commission finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety.

15.2. Regulatory conditions or restrictions. Dynamic display signs are allowed subject to the following conditions:

a.

One (1) double-faced dynamic display pylon sign is allowed within a unified development that is located within the Open Space and Recreational (S-1) and Commercial Recreation (CR) zoning districts, [and] the Regional Park (PR) and the Commercial Entertainment (CE) zoning districts. Within S-1 and CR zoning districts, dynamic displays are limited to property with a minimum size of one hundred fifty (150) acres, a maximum height of fifty-three (53) feet as measured from the average grade to the top of the structure, and abutting an arterial road with an ultimate minimum right-of-way of at least one hundred ten (110) feet according to the Broward County Trafficways Plan Map (2008);

b.

A site plan or site plan modification development order approving a dynamic display sign is a pre-requisite to the issuance of a building permit for the sign. The maximum sign height, sign area, and sign face size shall be established through the site plan or site plan modification process but the sign area shall not exceed three hundred sixty (360) square feet. That portion of the sign area outside of the sign face shall not have the capability to have dynamic displays even if not used. Only one (1) contiguous dynamic display area is allowed on a sign face;

c.

A dynamic display may not change or move more often than once every eight (8) seconds, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one (1) dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least one (1) minute before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. Any commercial messages displayed on a dynamic display sign must be related to the land uses on the premises or to products and services provided to the premises by suppliers or by sponsors of events and activities occurring at the premises;

d.

The images and messages displayed must be complete in themselves, without sequencing or continuation in content to the next image or message or to any other sign;

e.

Every line of copy and graphics in a dynamic display must be at least:

1.

Five (5) inches in height on a road with a speed limit of fifteen (15) to twenty-five (25) miles per hour;

2.

Seven (7) inches in height on a road with a speed limit of twenty-five (25) to thirty-four (34) miles per hour;

3.

Nine (9) inches on a road with a speed limit of thirty-five (35) to forty-four (44) miles per hour;

4.

Twelve (12) inches on a road with a speed limit of forty-five (45) to fifty-four (54) miles per hour; and

5.

Fifteen (15) inches on a road with a speed limit of fifty-five (55) miles per hour or more.

If there is insufficient room for copy and graphics of this size in the area allowed under paragraph b. above, then a dynamic display is not allowed;

f.

Dynamic displays must be designed and equipped to freeze the device in one (1) position if a malfunction occurs. The displays also must be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that it is not complying with the standards of this section;

g.

Dynamic displays must comply with the brightness standards contained in Section 16;

h.

Each dynamic display sign shall be programmed to set-aside a minimum five (5) percent of the time (seventy-two (72) minutes per day) for public service announcements, such as Amber Alerts, Emergency Evacuation Information, and City public service or event announcements;

i.

A dynamic display scoreboard sign is allowed within the Local Park and Regional Park zoning district. Animated or video displays are allowed on scoreboards; and

j.

Dynamic display signs existing on September 25 ^th , 2008 must comply with the Schedule I standards and requirements before January 1 ^st , 2010. An existing dynamic display sign that is not brought into conformance with the Schedule I standards and requirements by January 1 ^st , 2010 may continue after that date but shall be deemed a nonconforming structure pursuant to Schedule H and not to Section 10 of this Schedule. An existing dynamic display sign that cannot meet the minimum text size requirement in paragraph f. must use the largest size possible for one line of copy to fit in the available space.

15.3. Incentives. [RESERVED].

(Ord. No. 08O-08-142, §§ 4—7, 9-8-08; Ord. No. 09O-03-116, § 1, 3-30-09; Ord. No. 10O-03-114, § 2, 4-12-2010; Ord. No. 110-03-115, §§ 1, 5, 4-11-2011; Ord. No. 18O-06-120, § 1, 6-25-2018)

16.1. Standards. All signs must meet the following brightness standards:

a.

No sign may be brighter than is necessary for clear and adequate visibility.

b.

No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.

c.

No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

d.

For compliance purposes, the following brightness standards shall apply unless a lesser standard is determined appropriate for a particular location:

1.

The daytime standard is five thousand (5,000) nits; and

2.

The nighttime standard is five hundred (500) nits.

e.

As conditions of site plan or site plan modification approval, the sign manufacturer must provide written certification confirming that:

1.

The light intensity has been preset so as to not exceed the brightness standard specified herein;

2.

The preset intensity level is protected from end user manipulation by password protected software or other method approved by the City's Management Information Systems official or other official designated by the City Manager; and

3.

A dimmer control and photo cell is included that constantly keeps track of ambient light conditions and adjusts sign brightness accordingly.

16.2. Procedures. The person owning or controlling the sign shall be required to reduce the sign brightness below the adopted standard if the sign is determined to cause discomfort to persons or a distraction to drivers. The adjustment must be made within twenty-four (24) hours upon written notice of non-compliance from the City. The person owning or controlling the sign may appeal the City's determination through the Code Enforcement Board appeal procedure.

16.3. Adjustment. All signs installed after September 28 ^th , 2008 that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section.

(Ord. No. 08O-08-142, §§ 8-11, 9-8-08)

(a)

Violations. Either the owner of the sign which is in violation of this schedule, or the owner of the property whereon the sign is located, or both, shall be liable for any violation of this schedule.

(b)

Penalties. Any person violating any of the terms, conditions, regulations or provisions of this schedule shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) per violation. Any continuing violations of the terms, conditions, regulations or provisions of this schedule may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purposes.

(Ord. No. 93-128, § 1, 5-10-93; Ord. No. 00O-1-2, § 16, 2-14-00; Ord. No. 08O-08-142, § 12, 9-8-08)

Editor's note— Ord. No. 08O-08-142, § 12, adopted Sept. 8, 2008, renumbered section 15.0 as a new section 17.0.

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word are declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions.

(Ord. No. 08O-08-142, § 13, 9-8-08)

1.1.1. Purpose and intent. The intent of these regulations is to protect, preserve, and enhance the natural environment and the beauty of the City by providing for landscape for green spaces, trees and other plants and arranging them in a pleasing manner in relation to paved areas and structures. The planting of native materials is the most highly desirable and preferred. These objectives are defined in general terms and the realization can only be obtained by proper design and location of trees, shrubs, plants and grass.

1.1.2. Minimum standards. This Schedule incorporates by reference the "Landscape Irrigation & Florida-Friendly Design Standards" and the "Florida Green Local Government Designation: Landscape Maintenance" Manual and shall be the minimum standard and requirement and shall apply to the incorporated area of the City of Lauderhill, Florida. Upon reviewing any property, as it relates to this Schedule, the City of Lauderhill, may require additional requirements.

1.1.3. Definitions. See definitions listed in Article III, Part 6.0., Section 6.8 [of] these regulations.

(Ord. No. 03O-10-193, § 6, 11-10-03; Ord. No. 08O-08-138, § 2, 9-8-08; Ord. No. 11O-01-103, § 1, 1-31-2011)

1.2.1. Irrigation.

A.

All landscaped and grass areas shall be provided with an automatically operating underground irrigation system, unless otherwise provided herein. Sizing and spacing of heads and lines shall be specified and installed to provide one hundred (100) percent water coverage, and a minimum fifty (50) percent overlap of all living surface areas and with or no water spraying onto hard pedestrian and vehicular surfaces, building walls or fences. The irrigation system shall be maintained in a fully operational state, as defined in Schedule L.

B.

Landscaped and grass areas shall be irrigated consistent with the year-round landscape irrigation measures imposed by Broward County, subject to the following exceptions:

1.

Repair and maintenance of irrigation systems.

2.

Preparation of, or irrigation of, athletic play areas, nurseries, agricultural areas and new landscaping as defined in Chapter 40E-24.101, Florida Administrative Code.

3.

Landscape activities, such as application of fertilizer, insecticides, pesticides, herbicides and fungicides, when recommended by the product manufacturer or when generally recommended by professional landscapers as good landscape management practice.

4.

Irrigation using low volume hand watering, such as one (1) hose attended by one (1) person, fitted with a self-canceling or automatic shutoff nozzle or both.

5.

Reclaimed water end uses or water recovered or derived from an aquifer storage and recovery system.

6.

As otherwise further restricted by order of the South Florida Water Management District, Broward County or the City of Lauderhill.

The Broward County year-round landscape irrigation measures shall apply to all property types and sizes and is specified in the City of Lauderhill Code of Ordinances, Chapter 21 Article VI, Mandatory Year-Round Irrigation Restrictions for Permanent Year-Round Irrigation Restrictions Section 21-74.

C.

Any person, corporation or business entity convicted of violating subsection B. shall be subject to a fine of fifty dollars ($50.00) for the first violation, one hundred dollars ($100.00) for the second violation, and two hundred fifty dollars ($250.00) for the third and each subsequent violation thereafter or imprisonment for a period not to exceed thirty (30) days, or both. Each day of violation of subsection B. shall be a separate offense.

D.

Irrigation Systems. Irrigation systems shall be designed to comply with the following standards.

1.

Irrigation systems shall be designed to meet the need of the plant material.

2.

When feasible, irrigation systems shall be designed to separately serve grass and non-grass areas.

3.

The irrigation system plans and specifications shall identify the materials to be used and the construction methods.

4.

The design shall consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other non-vegetated areas, and off-site runoff.

5.

The system shall be designed to minimize free flow conditions in case of damage or other mechanical failure.

6.

The system shall be designed to use the lowest quality water when feasible.

7.

Rain switches or other devises, such as soil moisture sensors, to prevent unnecessary irrigation, shall be incorporated as provided in Section 373.62, Florida Statutes.

8.

Controls to operate irrigation systems shall provide the following minimum capabilities:

a.

The ability to be programmed in minutes, by day of week, season, and time of day.

b.

The ability to accommodate multiple start times and programs.

c.

An automatic shut off after adequate rainfall.

d.

The ability to maintain time during power outages for a minimum of three (3) days.

e.

Operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions.

9.

Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that microirrigation emitters may be specified to meet the requirements of individual plants.

10.

Irrigation systems shall be designed to maximize uniformity, considering factors such as:

a.

Emitter types.

b.

Head spacing.

c.

Sprinkler pattern.

d.

Water pressure at the emitter.

11.

Irrigation systems with main lines larger than two (2) inches or designed to supply more than seventy (70) gallons per minute shall incorporate a means to measure irrigation water use, at a minimum of ninety-five (95) percent accuracy across the flow range.

12.

Irrigation system plans and specifications shall require the system installer to conduct final testing and adjustments to achieve design specification prior to completion of the system.

13.

Irrigation system plans and specifications shall require that the installer provide property owners and users with post-construction documentation, including as-constructed drawings, recommended maintenance activities and schedules, operational schedule, design precipitation rates, instruction on adjusting the system to apply less water after the landscape is established, maintenance schedule, water source, water shut-off method, and the manufacturer's operational guide for the irrigation controller.

14.

The irrigation systems installed may be a sprinkler irrigation system or a drip irrigation system. A combination of these two systems is permitted and may be required to efficiently water landscaping, and minimize water waste. When using the drip irrigation system, mulch is required to hide the drip tube from view and to add to the life expectancy of the system. The irrigation system shall be zoned so that each group of plants with similar water needs receives only the amount of water required to maintain the plant.

15.

Where established native vegetation is incorporated into the landscape design, irrigation of those areas may not be required.

1.2.2. Installation.

A.

All landscaping material shall be installed in a sound workmanlike manner and according to accepted good planting procedures with quality of plant materials as hereinafter described and be properly fertilized at the time of installation. A qualified representative of the City charged with the issuance of building permits shall inspect all landscaping following installation within seven (7) calendar days of proper notification of such completion. No permanent certificate of occupancy will be issued unless the landscaping meets the requirements herein provided. Once a certificate of occupancy is issued, the landscaping and irrigation shall be continuously maintained and protected by the property owner.

B.

All landscaped areas shall have natural sub-grade material as exists in Lauderhill. Top soils shall be required as specified in the Landscape Materials Section of this Schedule. All trees and shrubs shall be planted with a minimum of six (6) inches of additional backfill top soil around and beneath the root ball. A minimum of three (3) inches thick of mulch (or equal material) shall be installed around said trees and throughout shrub and ground cover plantings.

C.

Landscape areas in vehicular use areas shall be provided with an approved means of landscape protection, such as curbing or wheel stops to prevent vehicular encroachment.

D.

All trees shall be properly guyed and staked at the time of planting to ensure establishment and erect growth. Trees shall be restaked in the event of blow-overs or other failure of the staking and guying. Nail staking or other methods which cause cosmetic or biological damage to the tree are prohibited. Wells at the base of all trees or palms will be required after planting, and shall have a minimum diameter of at least three (3) feet and the same shall contain mulch.

E.

No soil is to be removed from the dripline of any tree that is to remain in its original location without permission of the Planning and Zoning Director. Approval shall be based upon at least one (1) of the following conditions:

1.

An environmental effort to preserve an existing tree that could not otherwise be saved;

2.

Public safety;

3.

City utility service repair.

F.

In order to reduce the transpiration rate of plant material during relocation of trees and plants, practices such as leaf striping, frond removal, the use of anti-transpirants, or other acceptable policies in the nursery industry, according to plant type, shall be used. These techniques shall be documented by organizations such as Florida Institute of Food and Agricultural Sciences, Florida Cooperative Extension Services or Florida Division of Forestry.

G.

Plants shall be grouped together by irrigation demands.

H.

A minimum of three (3) inches layer of mulch is required in planting beds. Mulch may be substituted for grass or groundcover in areas where it would require extensive water, or the grass or groundcover could not cover an area completely.

I.

Walls, fences, shrubs beds or hedges can be used as windbreaks to reduce wind velocity to reduce water loss due to evaporation during irrigation and by evapo-transpiration from plant materials.

J.

With approval of the Planning and Zoning Director, and the City Engineer, artificial turf may be permitted in place of grass or other ground cover.

K.

Avoiding sign conflicts. Trees and landscaping shall be installed so as to avoid impeding visibility of any sign as seen from the abutting right-of-way. The Planning and Zoning Director, through the site plan or site plan modification process, shall have the authority to allow the relocation of landscaping to effectuate this provision.

1.2.3. Maintenance.

A.

The owner shall be continually responsible for maintaining all landscaped areas including lawn areas in good condition so as to present a healthy, neat, and orderly appearance, free of disease, refuse, and debris. If any living or nonliving landscape material or plant is destroyed, severely damaged, or poorly maintained regardless of cause, the City will notify the owner in writing of such problem.

B.

The owner will be given fourteen (14) calendar days from the date of said notification to either replace the landscape material with equivalent healthy, new material, or to provide the maintenance necessary to bring the material back to an acceptable condition, within three (3) months, unless determined by the Planning and Zoning Director that the property owner requires a reasonable extension, as to be decided by the Planning and Zoning Director.

C.

Should the owner fail to respond within the above time period following written notification by the City, the City will report the matter to the Chief Code Enforcement Officer. The City may also use its own resources to correct the problem.

D.

All watering and fertilizing of the planted areas and the fertilizing of lawns shall be managed so as to:

1.

Maintain healthy flora;

2.

Make plant material more drought tolerant;

3.

Avoid expensive turf growth;

4.

Minimize fungus growth;

5.

Stimulate deep root growth;

6.

Minimize leaching of fertilizer;

7.

Minimize cold damage; and

8.

Avoid weed growth.

E.

Avoiding sign conflicts. Trees and landscaping shall be maintained so as to avoid impeding visibility of any sign as seen from the abutting right-of-way. Such maintenance shall allow full view of all permitted signage on property. Monument signs and façade signs that face the road shall be visible from the public right-of-way. If landscaping cannot be trimmed or relocated, signs must be removed or relocated.

(Ord. No. 03O-10-193, § 7, 11-10-03; Ord. No. 08O-08-138, §§ 3—11, 9-8-08; Ord. No. 10O-01-104, §§ 1, 2, 1-25-2010; Ord. No. 11O-01-103, § 2, 1-31-2011; Ord. No. 21O-01-102, § 1, 1-25-2021)

1.3.1. Quality. Plant materials used in conformance with provisions of this section shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, current edition. Grass sod shall be clean and reasonably free of weeds and noxious pests and diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed grower's compliance with the department's quality program.

1.3.2. Preservation of existing native vegetation. Existing native vegetation and plant communities shall be protected and incorporated into the site plan whenever feasible. Natural plant communities shall be given special protection appropriate to a geographical area and shall be protected and preserved up to the total entity, including understory.

1.3.3. Trees and palms.

A.

Trees.

1.

Trees shall be species having an average mature spread crown of greater than fifteen (15) feet in Broward County and having trunk(s) which can be maintained in a clean condition over five (5) feet of a clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread.

2.

Trees shall be a minimum of ten (10) feet overall height immediately after planting, with a spread of at least five (5) feet and a minimum caliper of two (2) inches. However, when adjacent to a residential district, trees shall be a minimum of twelve (12) feet overall height immediately after planting, with a spread of at least six (6) feet and a minimum caliper of two and one-half (2½) inches.

3.

Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with No. 6 road mesh (6 × 6 × 6) or equivalent.

4.

Minimum tree spacing shall be:

a.

Large canopy trees (thirty-five (35) feet or greater in diameter)—Twenty-five (25) feet off center.

b.

Medium canopy trees (twenty-five (25) to thirty-five (35) feet in diameter)—Twenty (20) feet off center.

c.

Small canopy trees (less than fifteen (15) feet in diameter)—Eight (8) feet off center.

B.

Palms. A cluster of three (3) palms may be considered a tree and must create the total of a fifteen (15) foot crown spread. All palms that have substantially "clear trunk" characteristics at maturity shall have a minimum of six (6) feet clear trunk overall height at the time of planting. If palms are used, they shall make up no more than forty (40) percent of the total trees required.

C.

The following trees are specifically prohibited from being planted and will not count for having met any planting requirements:

1.

Black olive (Bucida buceras);

2.

Ficus (Ficus benjamina);

3.

Schefflera (Schefflera actinophylla);

4.

Norfolk Island Pine (Arqucaria heterophylla);

5.

Tree bamboo (Bambosa vulgaris).

D.

Shrubs and hedges. Shrubs and hedges shall have a minimum height of thirty (30) inches with a minimum spread equal to the planting interval, when measured immediately after planting, with branches touching, except as otherwise required by this Schedule.

E.

Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting, with at least three (3) runners spaced a minimum of six (6) feet apart and may be used in conjunction with fences, screens or walls.

F.

Ground cover. Ground cover may be used in lieu of grass and at the time of installation shall be planted with a minimum of seventy-five (75) percent coverage with one hundred (100) percent coverage occurring within three (3) months of installation, with no gaps or overlaps.

G.

Grass. Grass areas may be sodded. Solid sod shall be used in swales or other areas subject to erosion. The finished grade of sod area shall be free of all stones, sticks, roots, and other matter prior to placement of the sod. Sod shall be installed flat and continuous, with no gaps or overlaps. The variety of grass used shall be drought tolerant. Bahiagrass, Bermudagrass, Zoysiagrass, and Centipedegrass are preferred variety of grass to be used. St. Augustine grass is acceptable and may be used. Carpetgrass is prohibited from being used.

H.

Adaptive species. Twenty (20) percent of the required landscaping shall be of a species adaptive to local precipitation patterns which do not require water beyond the limits of normal seasonal rainfall.

I.

Invasive exotic species. All species listed in the Florida Exotic Pest Plant Council's List of Invasive Species (current edition) as Category I or Category II invasive exotics are prohibited to be planted within the City of Lauderhill. The Planning and Zoning Department shall be responsible for assuring that the current edition of the Florida Exotic Council's List of Invasive Species is included in Schedule J as Appendix I.

Note— Appendix I, referenced above, is not set out herein, but is on file and available for inspection in the City offices.

1.3.4. Use of natural landscaping. Whenever possible, Natural Landscaping shall be used when installing new landscaping.

(Ord. No. 03O-10-193, § 12, 11-10-03; Ord. No. 04O-09-211, §§ 1—3, 9-27-04; Ord. No. 05O-09-191, § 1, 2, 11-14-05; Ord. No. 08O-08-138, §§ 12, 13, 9-8-08)

1.4.1. Water conservation requirements may be met by providing for the following:

A.

The preservation of existing and native plant communities. Excludes invasive exotic pest plants;

B.

The reestablishment of native plant communities;

C.

Limited amount of lawn grass areas. Shall not exceed sixty (60) percent of the required landscape area in commercial and industrial zones and not more than seventy (70) percent of the pervious surface requirement in residential zones. The percentage of grass area may be exceeded in commercial zones where the use is for:

1.

School requiring outdoor play areas. Additional sod shall be only in play areas;

2.

Athletic clubs, drama schools, private lodges, community centers or similar uses providing outdoor activities. Additional sod shall be only in activity areas;

D.

The use of site specific plants;

E.

The use of shade trees to reduce transpiration rates of lower story plant materials;

F.

Site development that retains stormwater runoff on site;

G.

Use of pervious paving materials as technical developments are advanced;

H.

Site development that addresses the carrying capacity of the land in its present form; and

I.

Implementing other environmentally sensitive site development concepts as required by the Director of Community Development.

1.4.2. All existing plant communities on sites proposed for development shall be preserved inasmuch as they can be incorporated into required landscaping or pervious area. Existing plant communities that are specified to remain shall be preserved in their entirety, with all trees, understory, and ground cover left intact and undisturbed.

1.4.3. Trees and other vegetation shall be planted in soil and climate conditions which are appropriate for their growth habits. Plants used in landscape design pursuant to this Section shall to the greatest extent be:

A.

Appropriate to conditions in which they are to be planted;

B.

Have non-invasive growth habits;

C.

Low maintenance, high quality design; and

D.

Otherwise consistent with the intent of this Schedule.

1.4.4. The use of plant material adapted to the vicinity of the development is encouraged.

1.4.5 Permanent year-round irrigation restrictions.

Refer to Code of Ordinance Chapter 21, Article VI for Permanent Year-Round Irrigation Restrictions.

(Ord. No. 03O-10-193, § 13, 11-10-03; Ord. No. 21O-01-102, § 2, 1-25-2021)

2.0. SPECIFIC LANDSCAPE STANDARDS AND REQUIREMENTS

2.1.1. All swale areas and water bank areas within the corporate limits of the City of Lauderhill shall be sodded in species normally grown as permanent lawns in Broward County.

2.1.2. All swale areas within the corporate limits of the City of Lauderhill shall be free and clear of shrubs, hedges, asphalt, cement or rock substances, but concrete buttons shall be permitted if they are round, and not square or pointed at the top, or have no metal or wood protrusions, and are otherwise shaped in any manner so as not to be hazardous to persons or property.

2.1.3. All swale and water bank areas within the corporate limits of the City of Lauderhill shall be maintained, kept in good repair and free from obstructions which may be hazardous to the welfare of the general public and further must be maintained by contiguous property owner.

2.1.4. A permit is required for the planting of any trees in the swale area. There is no fee for such permit. When overhead power lines exist in swale areas only trees approved in the Florida Power and Lighting (FPL) "Plant the Right Tree in the Right Place" publication are allowed to be planted. The adjacent property owner is responsible for the removal of trees in the swale that interfere with overhead power lines and are not in accordance to the distance requirements from power lines established in the above-mentioned FPL publication.

(Ord. No. 03O-10-193, § 10, 11-10-03; Ord. No. 03O-11-201, § 1, 12-8-03)

2.2.1. All property owners whose property abuts a drainage canal within the City of Lauderhill shall be required to remove all trees, shrubs, bushes, structures, docks, fences and/or any other obstruction which interfere with right-of-way access to the water's edge or the maintenance of the canal property.

2.2.2. When the city is notified that property owners are not in compliance with subsection (1) hereof, the owner shall receive notice from the Code Enforcement Department notifying them that they are not in compliance with this Schedule and notifying them that they must comply with the terms hereof within ninety (90) days from the date of the notice. Property owners may apply to the Code Enforcement Department within that ninety (90) day compliance period for an additional ninety (90) days to come into compliance. The city does not provide tree trimming or cutting services.

2.2.3. Property owners who fail to comply with the terms hereof shall be subject to Article 1, Section 1.8 of the Lauderhill Development Regulations.

(Ord. No. 03O-10-193, § 11, 11-10-03; Ord. No. 20O-09-141, § 1, 9-29-2020)

For an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way, as follows:

2.3.1. A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one (1) tree for each forty (40) linear feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet.

In addition, a continuous hedge of thirty (30) inches in height at the time of installation shall be placed along the perimeter of such landscaped strip. However, where a public right-of-way is adjacent to a residential district, the hedge height shall be increased to thirty-six (36) inches in height at the time of installation. The remainder of the required landscape area shall be landscaped with grass, ground cover, or other landscape treatment excluding pavement.

2.3.2. All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with at least grass or other ground cover.

2.3.3. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the lineal dimension used to determine the number of trees required.

(Ord. No. 03O-10-193, § 14, 11-10-03)

The following tree canopy and pervious area standards shall apply to any development within any nonresidential zoning district, except that such standards shall not apply within the Open Space Park and Transportation zoning districts. Such standards shall be measured against the net size of the development.

2.4.1. Tree canopy standard. Trees shall be planted and maintained consistent with an approved site plan or site plan modification development order so that within two (2) years after planting, a minimum tree canopy standard of eighteen (18) percent is established and maintained within any development.

2.4.2. Pervious area standard. A minimum thirty (30) percent pervious area standard shall be established and maintained within any development consistent with an approved site plan or site plan modification development order. For purposes of calculating the weight to be given to various pervious area surfaces, the following provisions shall apply.

A.

Landscaped areas. One-hundred (100) percent of any ground area covered with landscaping shall count toward meeting the pervious area standard.

B.

Water detention/retention areas. One-half (½) of any water detention/retention area shall count toward meeting the pervious area standard.

C.

Green roof. The area encompassed and maintained for a "green" roof may count double toward meeting the pervious area standard. A green roof shall be limited to the roof of such buildings that are currently visible or that are projected to be visible in the future from taller buildings within the surrounding area. The Planning and Zoning Department shall make such determination and the weight to be assigned to the roof area. The City Engineer may require a structural engineer or green roof expert or both to certify that the green roof is sound and functional.

D.

Pervious paving materials. One-half (½) of any area covered with pervious paving materials shall count toward meeting the pervious area standard.

(Ord. No. 03O-10-193, § 17, 11-10-03; Ord. No. 06O-11-184, §§ 1—7, 11-27-06)

2.5.1. Fifteen (15) percent minimum of the gross parking area is to be devoted to living landscape, which includes grass, ground cover, plants, shrubs and trees. The gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks extended five (5) feet in all directions, but is not to include any area enclosed by the building or covered by a building overhead.

2.5.2. Every eleventh consecutive parking space, and at the end of every parking strip area, shall have a landscaped island five (5) feet in width and eighteen (18) feet in depth. Each island shall contain one (1) tree, and grass or ground cover, said island to be protected from vehicular encroachment by means of a six (6) inch vertical curbing or other barrier acceptable to the Planning and Zoning Director.

2.5.3. Required parking lot medians. Parking lot medians dividing two (2) adjoining rows of parking are required for all new development and redevelopment which exceeds seventy-five (75) percent of the assessed value of the property. Each median shall be landscaped with hedge, shrubs, or ground cover. The parking median shall be a minimum five (5) feet wide without vehicular encroachment. There shall also be one (1) tree for every forty (40) lineal feet of area. Plant material referred to in this Schedule shall be in accordance with Section 1.3. The remainder of the required landscaped area shall be landscaped with grass, ground cover or other approved landscape treatment, excluding impervious paving.

2.5.4. Installation. Landscaped areas, walls, structures and walks, shall require protection from the encroachment or overhang of parked vehicles where such protection is necessary, reinforced concrete wheel stops or a staff approved continuous curbing arrangement of not less than six (6) inches in height, shall be installed to prevent said encroachment. Concrete wheel stops, when used, shall be permanently anchored to the ground, and located not less than thirty (30) inches from the landscaped area. If the thirty (30) inch vehicular overhang area is left unpaved, it shall be landscaped according to the provisions of this section.

2.5.5. The Planning and Zoning Director is hereby authorized to grant the following permitted modifications:

A.

The living landscape requirements of any parking area may be consolidated or clustered.

B.

The requirement of five (5) by eighteen (18) feet living landscaped islands for each eleven (11) parking spaces may be consolidated, clustered or replaced.

C.

Perimeter landscaping requirements relating to buffers between property may be transferred, or utilized on other areas of the site.

(Ord. No. 03O-10-193, § 18, 11-10-03)

All buildings in commercial and industrial districts shall have a five (5) foot landscaped strip immediately adjacent to the exterior wall of the building. Such landscaped area shall include one (1) tree for each thirty-five (35) linear feet.

(Ord. No. 03O-10-193, § 15, 11-10-03)

Storage areas, dumpsters, and mechanical equipment such as air conditioning compressors, pool pumps, sprinkler pumps and electrical transformers shall be fully buffered on three (3) sides by walls, screening, hedges or some combination of the preceding so as to be substantially hidden from view from adjacent properties and/or public rights-of-way at ground level. Said buffering shall also meet all other requirements provided by Code. Single family homes are exempt from the provisions of this section.

(Ord. No. 03O-10-193, § 16, 11-10-03)

2.8.1. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet in height. Trees or palms shall have limbs and foliage trimmed in such a manner so that no limbs or foliage extend into the cross-visibility area unless they are so located so as not to create a traffic hazard. Landscaping, except required grass or ground cover shall not be located closer than three (3) feet from the edge of any accessway pavement.

2.8.2. The triangular areas above referred to are:

A.

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way with two (2) sides of each triangle being ten (10) feet in-length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides.

B.