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Lauderhill City Zoning Code

ARTICLE I

GENERAL PROVISIONS1

1.0. GENERAL


Footnotes:
--- (1) ---

Editor's note— This volume contains the Land Development Regulations of the City of Lauderhill, adopted by Ord. No. 90-126, enacted June 11, 1990, as most recently amended by Ord. No. 92-144, adopted July 13, 1992. A uniform style has been employed and obvious typographical errors have been corrected without notation; otherwise, the provisions have been set out as enacted. Wording added by the editor for purposes of clarification is enclosed in brackets.

A list of amendments prior to Ord. No. 92-144 are located in the Table of Amendments and subsequent amendments will be indicated by a parenthetical history notation following the amended section as well as cited in the table.


Sec. 1.1.- Short title.

This Ordinance shall be known and may be cited as the "City of Lauderhill Land Development Regulations," "City of Lauderhill Zoning Ordinance," "City of Lauderhill Subdivision Regulations," "L.D.R.," "These Regulations" or "Land Development Regulations."

Sec. 1.2. - Authority.

These Land Development Regulations are enacted pursuant to the requirements and authority of § 163.3202, Florida Statutes (the Local Government Comprehensive Planning and Land Development Regulation Act), the City Charter effective March 14, 1978, and the general powers in Chapter 166, Florida Statutes. These Land Development Regulations are part of the Code of Ordinances of the City of Lauderhill.

Sec. 1.3. - Applicability.

1.3.1. General applicability. Except as specifically provided below, the provisions of this Code shall apply to all development in the City, and no development shall be undertaken without prior authorization pursuant to these regulations.

1.3.2. Exceptions.

A.

Previously issued development permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective permit if:

1.

The development activity authorized by the permit has been commenced prior to August 13, 1990, or any amendment hereto, or will be commenced after August 13, 1990, but within six (6) months of issuance of the building permit; and

2.

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of these regulations or amendment thereto.

B.

Previously approved development orders. Projects with development orders that have not expired at the time these regulations or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of these regulations or amendment thereto.

C.

Consistency with plan. Nothing in this Section shall be construed to authorize development that is inconsistent with the City and county comprehensive plans.

D.

City uses and city-initiated development projects. The Land Development Regulations are not intended, and shall not be construed, to preclude the use of any property by the City of Lauderhill in any municipal government capacity, function or purpose as determined by the City Commission, provided the use is consistent with the property's Future Land Use Map designation. In addition, the City Commission may exempt any City-initiated development project from the standards and requirements of the Land Development Regulations, which exemption is limited to: site development plan standards and requirements; dimensional standards and requirements; vehicular access, parking, loading and service area standards and requirements; sign standards and requirements; landscape, buffer, and tree standards and requirements; and fences, walls, and hedges standards and requirements. The concurring vote of four-fifths (⅘) of the City Commission shall be necessary to exempt any City use or City-initiated development project under this paragraph.

(Ord. No. 00O-7-46, § 1, 8-28-00)

Sec. 1.4. - Purpose, goals and objectives.

The purpose and intent of these regulations is to promote, protect and improve the public health, safety, convenience, comfort, amenities, appearance, and general welfare of the community by establishing land use regulations, restrictions, procedures and minimum requirements that encourage and provide for the harmonious, orderly and planned development of the City in accordance with the City of Lauderhill Comprehensive Plan, related planning directives, and existing and future social, economic and physical needs that conserve the value of land, buildings, and natural resources and that protect and enhance the character and stability of residential, commercial, industrial, semi-public and public areas.

The major goals and objectives of these land development regulations are as follows:

A.

To establish land use and development requirements and procedures that will facilitate orderly and desirable land utilization and achieve the most suitable and best use of the resources available to the community.

B.

To provide a means of implementing land development standards that will facilitate orderly growth, yet not unduly hinder, restrict or interfere with balanced economic activity and land use.

C.

To attain maximum coordination and integration of the various land uses and land development activities so that they are conveniently and efficiently serviced by public facilities.

D.

To minimize the potential undesirable effects of development on adjacent areas.

E.

To aid in the coordination of land development in the City in orderly physical patterns and with proper environmental designs to aid in reducing fear of and opportunities for crime.

F.

To provide a means of improving the overall environment within the City.

G.

To implement the City of Lauderhill Comprehensive Plan and such other regulations in furtherance of the Comprehensive Plan of the City of Lauderhill.

H.

To improve the administration of the land development process and eliminate waste and confusion in the interpretation and administration of land development regulations.

Sec. 1.5. - Definitions, general.

Abandonment: The cessation of a use as indicated by the visible, or otherwise apparent, intention of an owner to discontinue the use of a structure or lot, or the removal of all or a significant or essential portion of the characteristic equipment or furnishings used in the performance of the use without replacement within six (6) months by similar equipment or furnishings.

Abut: To physically touch or border upon, or to share a common property line.

Accessory use or structure: Any use of land or structure thereon which is subordinate and incidental to the principal use of the land or principal structure, and which is located on the same parcel with the principal use.

Accessway: A way or means of entering or approaching a plot of land.

Acre, gross: The acreage of a parcel of land including portions dedicated to the public.

Acre, net: The acreage of a parcel of land excluding that portion dedicated, or planned to be dedicated to the public. Easements shall not be dedications and shall not be excluded.

Action plan (AP): An action plan shall be a narrative report prepared by the developer to justify the proposed development, when the impact will degrade the Level of Service (L.O.S.) standards below the adopted standard. A program of action, including a financial feasibility analysis, will be included in this plan. Final agreements pertaining to such items such as dedications, capital improvement program, capital improvement element, access, on-site and off-site improvements will be part of the action plan. Methods for implementing and monitoring this plan shall also be included.

Actual construction (AC): This construction will be in response to agreements or development orders necessary to maintain and upgrade adopted level of service standards. Work shall be completed and approved by the City prior to the impact of development by either owner, provider, adjacent developer or government entity.

Administrative rules document: A publication containing rules, guidelines, procedures, and methodologies adopted and amended by the Broward County Planning Council and Board of County Commissioners.

Adult family care home: A state licensed special residential facility use where full-time, family-type living is provided in a private home for up to five (5) elderly persons or adults with disabilities, who are not related to the owner and where the owner lives in the same house as the residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily life, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medication; supervision of residents; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities.

Agricultural use: Activities within land areas which are over fifty (50) percent of the land mass is used for the cultivation of crops and livestock, including cropland; pastureland; orchards; vineyards; groves; confined feeding operations; specialty farms; and silviculture areas but excluding community gardens and horticulture. Agricultural uses are a prohibited land use.

Alcoholic beverages: Means distilled spirits and all beverages containing one-half (½) of one (1) percent or more alcohol by volume.

Alley: A minor public right-of-way of not more than twenty (20) feet in width providing secondary vehicular access to the side or rear of properties otherwise abutting a street.

Alteration: Any construction, rearrangement, reconstruction or similar action resulting in a change in the structural parts, height, number of stories, exits, site use or location of a building or other structure.

Amendment: Means any change to an adopted Comprehensive Plan except corrections, updates and modifications of the capital improvements element concerning costs, revenue services, acceptance of facilities or facility construction dates consistent with the plan as provided in F.S. § 163.3177(3)(b), and corrections, updates or modifications of current costs in other elements, as provided in F.S. § 163.3187(2).

Amusement device: Any apparatus, board game, cards, children's mechanical ride, computer, computer game, device, dice, dominos, equipment, fixtures, games, instruments, machines, roulette wheel, tables, video terminals or similar instrument intended to be used for amusement, enjoyment, entertainment, play, recreation or any combination of same. An amusement device shall not be construed to be a jukebox.

Animal husbandry: A land use in which domesticated animals (such as poultry and rabbits) are reared or kept in order to sell the animals or their products, such as meat and eggs, but does not include pet daycare centers, animal shelters and kennels. Animal husbandry is a prohibited land use.

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

Apiculture: Beekeeping, which includes one (1) or more hives on boxes occupied by bees (hives or boxes include colonies) but does not include honey houses, extraction houses, warehouses or appliances. Apiculture land use is prohibited.

Aquaculture: A use in which edible fish, shellfish, other marine foods, aquatic plants, or aquatic animals are cultured or grown in fresh, brackish or salt water in order to sell them or the products they produce. Examples are fish farms and shellfish beds. Aquaculture is a prohibited land use.

Assisted living facility: A state licensed special residential facility use where full-time living arrangements are provided to persons in the least restrictive environment. The basic services are similar to those provided by an adult family care home.

Auction: A public, competitive sale of personal property to the highest bidder. Bids, and the acceptance thereof, are usually oral, but need not be so.

Awning or canopy: A structure attached to a building, the function of which is to shelter its window(s), door(s) or pedestrians from rain, wind and sun.

Backlot area: The outdoor area of a motion picture studio which is utilized for production of motion pictures, commercials or television programming.

Beer: Shall be interpreted to include all malt beverages containing more than one (1) percent of alcohol by weight, and not over fourteen (14) percent by weight.

Bicycle and pedestrian ways: Means any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Board: The Planning and Zoning Board of the City of Lauderhill.

Board of Adjustment: The City Commission of the City of Lauderhill.

Broward County Land Use Plan: The Land Use Plan adopted by Broward County, and as amended.

Broward County Trafficways Plan: The plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter, which depicts a network of trafficways for Broward County.

Building, attached: A building having space on all sides.

Building permit: A written permit issued by the City to a builder to proceed with a given construction activity upon approval of specific plans and specifications relating to the construction activity.

Buffer: A specified land area used to visibly separate one use from another or to block noise, lights or other nuisances.

Building: Any structure, either portable or fixed, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Building coverage: The percentage of the lot area devoted to the footprint of all buildings.

Capital budget: The portion of each local government's budget which reflects nonrecurring expenditures for capital improvements.

Capital improvement: Physical assets constructed or purchased to provide, improve or replace a public facility. For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

Certified land use plan: A local land use plan which has been certified by the Broward County Planning Council as being in substantial conformity with the County Land Use Plan and which has been adopted by a unit of local government in compliance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes.

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

Childcare: A community care use which provides for the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, grant or some other form of financial remuneration is made for care. This land use includes family day care home, large family day care home, day childcare, evening childcare, and weekend child care. It does not include educational uses, summer day camps or summer camps having children in full-time residence, and operators of transient establishments, as defined in F.S. ch. 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level two (2) screening requirements of F.S. ch. 43.

City: The City of Lauderhill, Florida.

City Commission: The City Commission of the City of Lauderhill, Florida. The legislative body of the City of Lauderhill, effective March 10, 1992. Includes the legislative body of the City of Lauderhill prior to March 10, 1992.

City Council or Council: The City Council of the City of Lauderhill, Florida. The legislative body of the City of Lauderhill prior to March 10, 1992.

Club, private: Pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit. It shall not include casinos, nightclubs, or other institutions operated as a business.

Code: Shall include both the Code of Ordinances of the City of Lauderhill and the Land Development Regulations thereof.

Collector: A street which carries traffic from minor streets to the major arterial streets.

Commercial use: A use or activity upon premises and at a scale greater than home industry, established primarily for financial gain 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. The commercial general land use category includes four (4) subcategories: office use, personal services, retail sales, and wholesale sales.

Commercial vehicle: Any vehicle registered for commercial use.

Commercial zoned property: Any land or water area whose zoning district classification is C-2, C-3, C-4 and CO-1 under these regulations.

Committed trip: Refers to a trip generated within the TRIPS model from an approved but not necessarily a built development.

Community care: A community facility use that is maintained and operated generally to provide the special needs populations with a residential environment and support services. This land use includes adult day care, child care, and special residential facilities, Categories 1—3. It does not include battered person facilities, homeless facilities, facilities where food is dispensed or means are consumed, and residential treatment uses.

Community facility: A use or activity within land or water areas or both established primarily for the benefit and service of the community in which it is located. A community facility use is a general land use category that includes community care uses, educational uses, governmental uses, medical uses, and public assembly uses.

Compact deferral area: Refers to the geographic area which is "a two (2) mile band having a centerline which is coincident with the centerline of the congested link, extending parallel to the congested link for a distance of one-half (½) mile beyond each end point of the congested link."

Comprehensive land use plan: The Comprehensive Land Use Plan of the City of Lauderhill adopted by the City Commission pursuant to the Local Government Comprehensive Planning Act of 1975.

Concurrency: Public facilities and services needed to support development shall be available at the same time or coincidental with the impacts of such development.

Concurrency management system: The provisions in the local government comprehensive plan including implementation regulations, encompassing the restrictions, methods, resources, timing and solutions intended to be compatible with, and in further compliance with the statutory requirement to provide public facilities and services needed to support development concurrent with the impacts of such development.

Concurrency statements: Written reports issued by either the City Administration or outside Concurrency Review Agencies summarizing existing and anticipated levels of service for those public services and facilities potentially affected by a proposed development subject to a request for development order.

Connected units: Two or more units which are connected or attached by other than a common party or fire wall. Connected units shall be treated as townhouses or rowhouses, except as provided for in Schedule C.

Conservation uses: Activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats.

Constrained facility: Shall refer to a road segment which is not planned for a capacity improvement in the adopted 2010 Highway Network Plan and which is over capacity.

Consumption off the premises: Means consumption of beer, wine or alcoholic beverages of any kind at a place different from the place where purchased.

Consumption on the premises: Means consumption of beer, wine or alcoholic beverages of any kind upon premises where purchased.

Controlled substance: Any substance named or described in Schedule II of [F.S.] § 893.03. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of such substances are drug abuse laws.

County: Broward County, Florida.

CPTED: Crime prevention through environmental design.

Cul-de-sac: Minor street intersecting another street at one end and terminating at the other end with a vehicle turn-around.

Dead storage: An area with or without electrical receptacle, plumbing and other facilities used regularly within an inhabited space. Said area shall be segregated and designated as dead storage on development certificates.

Density or gross density: The total number of dwelling units divided by the total site area, less public right-of way.

Developer: Any person or corporation, including a governmental agency, undertaking any development activity. (Also referred to as "subdivider".)

Developers agreements: Formal documents adopted by resolution of the City Commission, which outline the responsibilities for expansion, extensions and reimbursement schedules for the construction of improvements to meet adopted levels of service. Agreements shall be specific in relation to each level of service.

Development: The term "development" means:

a.

The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels.

b.

The following activities or uses shall be taken for the purposes of these Land Development Regulations to involve "development," as defined in this section:

1.

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

2.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

3.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in Florida Statutes.

4.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

5.

Demolition of a structure.

6.

Clearing of land as an adjunct of construction.

7.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

c.

The following operations or uses shall not be taken for the purpose of this Article to involve "development" as defined herein:

1.

Work by any utility and other persons engaged in the distribution or transmission of gas, sewage or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way.

2.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

3.

The use of any structure or land devoted to dwelling uses or any purpose customarily incidental to enjoyment of the dwelling.

4.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

5.

A change in the ownership or form of ownership of any parcel or structure.

Development approval: An approval issued to certify compliance of development within the requirements of the land development code.

Development Manager: Director of Community Development.

Development order: Any order granting, denying, or granting with conditions an application for a development permit.

Development permit: A permit as defined in F.S. § 163.3164.

Director of Community Development: Any and all references to the Director of Community Development contained within the Land Development Regulations or within the Code of Ordinances of the City of Lauderhill shall mean the Director of Planning and Zoning.

District: A portion of the territory of the City of Lauderhill within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the zoning district regulations.

Domestic fowl: Birds commonly associated with farms and used for eggs or meat. Examples include chickens, ducks, geese and turkey. The keeping of domestic fowl is prohibited.

Drainage facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge storm water.

Drive-in establishment: Any place or premises used for the sale, delivery or dispensing of products which are sold on the premises to patrons who enter upon the premises in vehicles and receive these products in vehicles.

Driveway: Space located on a lot, built for access to a garage, off-street parking or vehicle loading space.

Drug paraphernalia: means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Chapter 893, Florida Statutes or Section 877.111, Florida Statutes. The term includes, but is not limited to:

(1)

Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)

Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

(8)

Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9)

Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances.

(11)

Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.

Water pipes.

Carburetion tubes and devices.

Smoking and carburetion masks.

Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.

Miniature cocaine spoons, and cocaine vials.

Chamber pipes.

Carburetor pipes.

Electric pipes.

Air-driven pipes.

Chillums.

Bongs.

Ice pipes or chillers.

A cartridge or canister, which means a small metal device used to contain nitrous oxide.

A charger, sometimes referred to as a "cracker," which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container.

A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister.

A whip-it, which means a device that may be used to expel nitrous oxide.

A tank.

A balloon.

A hose or tube.

A two-liter-type soda bottle.

Duct tape.

Duplex: A two-family dwelling.

Dwelling: A residential use where the primary emphasis is on providing a building for human habitation on a permanent basis.

Dwelling unit: A residential use where the primary emphasis is on providing a room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, sanitation, cooking and eating.

Dwelling, group: A building, or part thereof, in which several unrelated persons or families permanently reside, in which individual cooking facilities are not provided for the persons or families. Group dwelling may include a rooming house, fraternity house, sorority house, convent, monastery or private club in which one (1) or more members have a permanent residence. Group dwelling shall not be deemed to include a hotel, motel, tourist home, bed and breakfast, or mobile home park.

Dwelling, multi-family: A building containing three (3) or more dwelling units, including apartment buildings, garden apartment buildings, triplexes and townhouses.

Dwelling, one-family: A building containing one (1) dwelling unit. Also referred to as a single-family dwelling. Also, a dwelling with six (6) or fewer residents as defined in Chapter 419, Florida Statutes.

Dwelling, four-family: A detached building containing four (4) dwelling units, but not including a townhouse.

Dwelling, three-family: A detached building containing three (3) dwelling units, but not including a townhouse.

Dwelling, two-family: A building containing two dwelling units.

Easement: Any strip of land created by a subdivider for public or private utilities, 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.

Educational use: A community facility use established primarily to provide public, private and parochial instruction and training in the branches of learning and includes pre-schools, primary and secondary education, instructional education, training education, remedial education, and colleges and universities. This land use includes administrative and faculty offices, auditoriums, campus open space, classrooms, laboratories, recreational fields and equipment, student and faculty centers, and parking. It does not include adult care, child care, dormitories, driving or vehicular driving instruction, fraternities and sororities, houses of religious worship, and stadiums and amphitheatres.

Efficiency unit: A dwelling unit of not more than one (1) habitable room, with kitchen and bathroom facilities.

Enforcing official: Any officer or employee of the departments of the City of Lauderhill to whom the duty of enforcing the terms of these regulations is assigned under specific provisions of these regulations.

Environmentally sensitive land: Those areas containing Natural Resources, as depicted in the Natural Resource Map Series of the Broward County Land Use Plan, which have been determined to be environmentally sensitive by the Broward County Board of County Commissioners.

Erected: Includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential services: Erection, construction, alteration or maintenance by public utilities or governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes; police call boxes, traffic signals, hydrants, and other similar equipment and accessories necessary for the furnishing of adequate service to assure health, safety and general welfare of the public.

Established grade: The average elevation of the public sidewalks around or abutting a plot, or in the absence of sidewalks, the average elevation of the public streets abutting the plot.

Establishment (as used in Schedule E, Section 4): Any licensee which is licensed to sell alcoholic beverages by the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (DAB & T).

Extended stay hotel: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including but not limited to such facilities as refrigerators, stoves and ovens. An extended stay hotel is considered a hotel, motel or similar use subject to special exception use approval.

Family:

a.

One (1) person, or a group of two (2) or more persons living together and related by blood, marriage, or legal adoption, living together as a single housekeeping unit. The persons thus constituting a family may also include gratuitous guests and domestic servants.

b.

A group of individuals not related by blood, marriage or legal adoption, but living together as a single housekeeping unit. For controlling of residential density, each such group of four (4) individuals shall constitute a family.

F.D.O.T.: Florida Department of Transportation.

Firearm: Any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. The term "firearm" shall include, but not be limited to, guns, rifles, pistols, revolvers, or machine guns.

Flea market: An occasional or periodic market held in a structure where groups of individual sellers offer goods for sale to the public. These may be regularly scheduled markets. Generally, there are no long-term leases between sellers and property owners.

Flood elevation: Flood elevation as indicated on the "Flood insurance rate map", prepared by the U.S. Department of Housing and Urban Development for the National Flood Insurance Program.

Floor area ratio (FAR): The ration of the gross floor area to the total floor area.

Food: Articles used for food or drink for human consumption; chewing gum; articles used for components of any such article; and articles for which health claims are made, which claims are approved by the Secretary of the United States Department of Health and Human Services and which claims are made in accordance with s. 343(r) of the federal act, and which are not considered drugs solely because their labels or labeling contain health claims. The term includes any raw, cooked, or processed edible substance; ice; any beverage; or any ingredient used, intended for use, or sold for human consumption.

Frontage of a building: The side or wall of a building approximately parallel and nearest to a street.

Funeral establishment: A building, or portion thereof, used for human funeral services. The building may contain space and furnishings for any or all of the following: Embalming and the performance of services necessary for the preparation of the dead for burial; the performance of autopsies and other surgical procedures on the dead; the storage of caskets, funeral urns and other related funeral supplies; the storage of funeral vehicles; facilities for cremation.

Garage, community: A building or part thereof, used for indoor parking of self-propelled private passenger vehicles, for use of residents in the vicinity and providing only incidental services for such vehicles as are parked therein.

Garage, private: An accessory structure designed or used for inside parking of self-propelling private passenger vehicles by the occupants of the principal building.

Greenhouse: A structure or portion of a structure, made primarily of glass or other translucent material, for which the primary purpose is the cultivation or protection of plants.

Gross floor area: The sum of the gross horizontal area of all floors within the exterior enclosing walls of the building including porches, breezeways and utility rooms, which are fully enclosed and directly accessible from the interior of the dwelling, but excluding other utility rooms, carports, and unenclosed terraces, garages, and screened in porches.

Grubbing: The clearing, removal and proper disposal of understory woody and nonwoody vegetation from a parcel of land.

(a)

This does not include the removal of trees more than eight (8) feet high or four (4) inches in diameter at diameter breast height.

(b)

Unapproved herbicides cannot be used for these purposes.

(c)

Cannot imply changes in existing grades of more than six (6) inches.

(d)

Requires proper use of soil erosion methods so as to result in minimum impact on the site and no impact to adjacent property.

(e)

Tree protection (such as temporary fencing, straw bales, etc.) is required to protect the areas within the dripline from damage to the roots, trunk or branches.

Half or partial street: A street generally parallel and adjacent to the boundary line of a tract, having less right-of-way width than required for a full width street of the type involved.

Hazardous waste: A waste which is hazardous to human health or the environment as designated by the U.S. Environmental Protection Agency pursuant to 40 CFR 250.

Health care practitioner: Physicians and all other health professionals who are certified, registered or licensed by the State of Florida in the healing arts, including, but not limited to nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists and physicians' assistants.

Health Officer: Director of Broward County Health Department.

Height of building: The vertical distance from the average finished grade of the adjacent ground to the top of the structure, at the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof.

Hospital, veterinary: A building, or space therein, providing for the diagnosis and treatment of animals other than human, including facilities for overnight care; not including crematory facilities.

Hotel: A building, buildings, or part thereof, in which sleeping accommodations are offered to the public, with no individual cooking facilities for use by the occupants, and in which there may be a public dining room. Access to the sleeping rooms shall be through a common entrance.

Impervious surface: Materials on or above ground that do not allow precipitation to infiltrate the underlying soil.

Industrially zoned property: Any land or water area whose zoning district classification is I-1 under these regulations, intended for manufacturing, storage, processing, warehousing, wholesaling, and distribution.

Infill Area: Construction of new structures on vacant lots within previously established or approved developments.

Infrastructure: Those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways, marines, navigation channels; bridges; and roadways.

Intoxicating beverages: Shall include all liquors, wines and beers containing more than three and two-tenths (3.2) percent of alcohol by weight.

Kennel, commercial: Any animal boarding place or other establishment for the breeding, boarding, grooming, sale or training of dogs and/or cats at which more than three (3) animals are maintained at any one time; provided that kennels or animal hospitals maintained by licensed veterinarian as part of the practice of veterinary medicine and animal hospitals maintained primarily for the treatment of animals shall not be considered commercial kennels, provided that any use of such facility for breeding, boarding, grooming, sale or training of animals is secondary and subordinate to the primary use of such facility for the treatment of animals.

Land development regulation: Ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land.

Land, platted: Any land recorded by plat in the Public Records of Broward County, Florida.

Land use: The type of use of a parcel of property.

Land use plan map: The map incorporated as part of the City land use plan.

Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. May be referred to as "L.O.S."

Limited access facility: Means a roadway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no greater than a limited right or easement of access.

Liquor: Means and includes any and all distilled or rectified spirits, brandy, whisky, rum, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one (1) or more of the beverages defined or identified elsewhere in these Land Development Regulations.

Loading space: An off-street space at least ten (10) feet in width, twenty-five (25) feet in length and with a vertical clearance of at least fourteen (14) feet, having an area of not less than 1,300 square feet, which includes access and maneuvering space; used exclusively for the loading and unloading of goods and materials from one vehicle.

Local street: An arterial.

Lodging or boarding house: A building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for hire without provisions for cooking in the living spaces.

Lot: A designated parcel, tract or area of land established by plat subdivision or as otherwise permitted by law. Two or more contiguous lots in common ownership may be treated as one lot, provided that the combined lots are used as a single lot. Once treated in this fashion, the combined lots may not be later subdivided or treated as separate lots.

Lot coverage: The percentage of the lot area devoted to all impervious surfaces including, but not limited to, buildings and structures, such as, slabs, parking areas, driveways, accessways, sidewalks, decks, pools, walls, ground signage and ground lighting.

Lot depth: The mean horizontal distance between the front and rear lines of a lot.

Lot frontage: The uninterrupted length of the front lot line.

Lot line, front: The property line dividing a lot from a single street right-of-way.

Lot line, rear: The lot line most nearly opposite from the front lot line.

Lot line, side: Any lot line which is not a front or rear lot line.

Lot width: The horizontal distance between the side lot lines at the front setback line, or at the front lot line where no front setback is required.

Major review: A land development order application where the final determination on the application is made by an elected or appointed collegial body, such as the City Commission, the Board of Adjustment, or the Planning and Zoning Board.

Manufactured housing (modular homes): Manufactured housing has the following features or characteristics. It is:

(1)

Mass produced in a factory;

(2)

Designed and constructed for transportation to a site for installation and use when connected to required utilities;

(3)

Either an independent, individual building or a module for combination with other elements to form a building on the site.

Minor review: A land development order or permit application where the final determination on the application is made by an administrative collegial body, such as the Development Review Committee and the Community Appearance Committee, or an administrative official, such as the Planning and Zoning Director, the Chief Building Official and any similar administrative official.

Mixed use: Two or more principal uses occupying the same structure or lot when more than one principal use is permitted on the lot or in the structure.

Mobile home: A single family residential unit with all of the following characteristics:

(1)

Designed for long term occupancy and containing sleeping facilities, a flush toilet, a tub or shower and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;

(2)

Designed to be transported after fabrication on its own wheels;

(3)

Arriving at a site where it is to be occupied as a dwelling complete;

(4)

Not utilized as a recreational vehicle.

Mobile home subdivision: A residential subdivision wherein lots are platted, for sale or for lease, for a period in excess of one (1) year, for occupancy by a house trailer or mobile home for one family per lot.

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

Motion picture studio: A facility in which the primary function is to produce film or video for motion pictures, commercials and/or television. Such production includes any accessory or ancillary use customarily related to motion picture or television production, including, but not limited to, set and prop design, production and storage, construction equipment, trucks, trailers, automobiles, and satellite dish use, repair, and storage, catering/commissary uses, and pre and post production uses.

Neighborhood park: A park which serves the population of a neighborhood and is generally accessible by bicycle or pedestrian ways.

Nonconforming structure: A structure or portion thereof, existing on June 11, 1990, or any amendment thereto, which was occupied designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of the zoning district regulations for a new use and/or which does not conform to all of the regulations applicable to the district in which it is located.

Nonconforming use: The use of a structure or premises, existing on June 11, 1990, or any amendment thereto, unless otherwise specifically provided elsewhere herein, for any purpose not permitted for a new use in the district in which it is located.

Nursing home: A special residential facility use where nursing, personal, custodial, and rehabilitative care services are provided. Nursing homes are freestanding, which means they are not part of a hospital. Nursing homes are licensed and surveyed by the State of Florida.

Occupancy permit: A permit issued by the building official indicating compliance with provisions of these regulations and allowing occupancy. Issued conditionally if issued when all regulations are not complied with. Also referred to as certificate of occupancy.

Office use: A commercial use or activity upon premises and at a scale greater than home industry, established primarily for financial gain and wherein business, government, medical and professional affairs are conducted and wherein commercial services typically are directed to consumers as opposed to services directed toward objects or property. An office use may be characterized as a room, group of rooms, building or group of buildings furnished with desks, tables, files and communication equipment and where the display and sale of merchandise does not occur, except such as are accessory and incidental to the principal office use.

Parcel of land: A unit of land within legally established property lines.

Park: A park which serves the community or a greater regional area.

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

Parking space: A space at least nine (9) feet in width and eighteen (18) feet in length with at least eighteen (18) feet of back-up and maneuvering area directly behind the space, used exclusively as a parking stall for one vehicle.

Parking space, off-street: A clear area, not located in a public street or alley, maintained exclusively for parking of one (1) standard passenger vehicle, and usable without moving another vehicle. Must conform with requirements of parking space.

Pawnshops and pawnbrokers: A person or business entity licensed to lend money at a legally specified rate of interest on an article or articles of personal property left with the person or business entity as security.

Pervious area: Area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water directly into the ground.

Pet shop: Any establishment maintained separately or in connection with another commercial enterprise which offers to sell any species of live animals with the intent that they be kept as pets.

Planned improvement facility: A road segment for which a capacity improvement is planned in the adopted 2010 Broward County Highway Network Plan.

Planned unit development (PUD): A development undertaken in accordance with Schedule D, consisting of a variety of dwelling types integrated with each other, with a variety of business and service uses and a significant area of common open space; developed at a density not exceeding that which would be ordinarily expected from a typical conventional development.

Planning act: The Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161 et seq., Florida Statutes, as amended.

Planning and Zoning Board (or Board): The Planning and Zoning Board of the City of Lauderhill.

Plat: A map or delineated representation of a tract or parcel of land showing the designation of such land as lot(s), block(s), parcel(s), tract(s), or other portions thereof, however the same may be designated, and which, if approved, will be submitted for recording in the plat book of the Official Records of Broward County, Florida.

Plat, final: A complete and exact subdivision plan, prepared for official recording as required by statute, to identify and define property rights, dedications and public improvements.

Plat, preliminary: A tentative subdivision plan, in lesser detail than a final plat, showing approximately proposed street and lot layout as a basis for consideration prior to preparation of a final plat.

Plat, sketch: An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.

Plot: Synonymous with lot.

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

Potable water facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Pre-existing nonconforming lot, structure or use: A lot structure or which, when originally created, conformed with zoning requirements which were then applicable to the lot, structure or use, but which zoning requirements have since been amended so that the lot, structure or use no longer conforms to current zoning requirements.

Principal building: A building which is occupied by, devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is principal, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel.

Principal use: The primary or main purpose for which a structure or lot is designed, arranged or intended or for which it may be used. There may be more than one principal or main use on a parcel of land. The term "use" includes the use of water surfaces and land under water to the extent covered by Zoning District Regulations and areas where the City has jurisdiction. Any other use would be considered accessory.

Provider assurance (PA): This assurance will be from the entity that is responsible for maintaining, providing or monitoring certain levels of service areas. This assurance will propose that there is adequate capacity or reserve adequate capacity without decreasing level of service standards.

Private recreation sites: Sites owned by private, commercial or non-profit entities for purposes of recreational use.

Public access: The ability of the public to physically reach, enter or use a site.

Public assembly: A community facility use where the primary emphasis is on providing a place where persons regularly or occasionally assemble for an activity, event or program, whether such place is publicly or privately owned or maintained, and where an admission or entrance fee typically is not charged. This land use includes amphitheatres, clubs, houses of religious worship, libraries, museums, and stadiums but not banquet halls, dance halls, eating and drinking establishments, funeral establishments.

Public facilities: Major capital improvements, including, but not limited to, transportation, sanitary, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

Public improvements: May include but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent control points, or any other improvement required by a governing body.

Public recreational sites: Sites owned or leased on a long-term basis by a federal, state, regional or local government agency for purposes of recreational use by the general public.

Recertification: A local land use plan which has previously been certified by the Broward County Planning Council, but because of amendments, decertification, or amendment to the Broward County Land Use Plan, is no longer in conformity, and must be recertified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan.

Recreational facility: A component of a recreation site such as a trail, court, athletic field or swimming pool.

Recreational uses: Activities within areas where recreation occurs.

Recreational vehicle: A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as a temporary living accommodation used for recreation, camping and travel. Includes, but is not limited to, mobile home, travel trailer, camper trailer, motorcoach or motorhome, boat, boat trailer, ultralight aircraft or airboat. A recreational vehicle shall not include a sport utility vehicle, mini-van, van, truck with extended bed and other motorized passenger vehicle primarily designed for personal transportation use provided such vehicle is not being used anywhere within the City as a temporary living accommodation. A recreational vehicle shall not include manufactured housing.

Regional roadway network: The roads contained within the Broward County Metropolitan Planning Organization's adopted Year 2010 Highway Network, except for those roads functionally classified as City collector roads.

Regional transportation network: Those roadways shown on the Broward County Trafficways Plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter.

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

Replat: A resubdivision plan required as the result of subdividing or resubdividing land heretofore divided or platted into lots, sites, tracts or parcels.

Resident population: Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category or total population. Resident population does not include seasonal population.

Residential treatment: A prohibited use that provides long-term residential care with coordinated mental health services for adults (eighteen (18) years or older) diagnosed with a serious and persistent major mental illness and where residents either constitute a potential threat to the health, property and safety of the surrounding neighborhood or who have a moderate to major lack of capacity for independent living (i.e., Level I to III facilities).

Residentially zoned property: Any land or water area whose zoning district classification is RS-4, RS-5, RM-5, RM-8, RM-18, RM-22, RM-45, RMH-50.

Resort condominium: Has compact kitchen in individually owned units. Includes time-share units.

Reverse frontage lot: A lot extending between and having frontage on a major traffic street and a minor street with no vehicular access from the major traffic street.

Right-of-way: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access or ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies.

Room: An unsubdivided portion of the interior of a dwelling, having a floor area of eighty (80) square feet or more, intended or adopted for living and/or sleeping purposes. Space in a dwelling used only for bathroom, kitchen, dining room, storage, hallway, utilities or similar purposes shall not be included as a room under this definition.

Sanitary sewer facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

Seasonal population: Part-time inhabitants who utilize public facilities or services. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Separation standard or requirement or distance requirement: The minimum distance between and among land uses as measured by the shortest airline measurements (or as the crow flies) between and among the nearest points on any plots to be occupied by such land uses. This definition shall apply to any separation standard identified within these Land Development Regulations unless the standard explicitly references that it is exempt from the definition in Section 1.5.

Service station: Any building used for retail sale and dispensing of automobile fuels or oils. A service station may furnish supplies, equipment, and minor repair services, to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

Setback: The minimum distance between the street right-of-way outer line closest to the building and the front line of the building or any projection thereof, excluding projections specifically permitted or, the minimum distance between the side and rear property lines and the applicable side and rear building lines or any projection thereof, excluding projections specifically permitted.

Setback, front: Setback required from a front line and from any street line of a corner lot.

Setback, rear: Setback required from the rear line.

Setback, side: Setback required from a side line.

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.

Shopping center: A group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

Sight distance: The minimum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.

Sign: Any permanent or temporary structure, or devise, letter, work, model, banner, pennant, insignia, or trade flag which is visible from any public street, alley, waterway or public place. Sign shall not be construed to include any flag, notice, badge, or insignia or any government or governmental agency, or any legal notice posted by and under governmental authority.

Sign, accessory: Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself, or any portion thereof, for sale or rent, and which contains no other matter or subject.

Sign, ground: A sign erected on or affixed to the land, including any exterior sign not attached to a building.

Sign, non-accessory: Any sign not an accessory sign.

Single family parcel: A residential parcel of land which is either:

(1)

Restricted to a detached single family dwelling by the Land Use Plan, or any applicable law or ordinance; or

(2)

Proposed to be devoted to single family dwelling by an applicant for a development permit.

Smoking pipes and smoking devices: means any one (1) of the following:

(1)

Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls.

(2)

Water pipes.

(3)

Carburetion tubes and devices.

(4)

Chamber pipes.

(5)

Carburetor pipes.

(6)

Electric pipes.

(7)

Air-driven pipes.

(8)

Chillums.

(9)

Bongs.

(10)

Ice pipes or chillers.

Solarium: A room, porch, or other area, that is designed to admit sunlight, is part of a larger structure, is enclosed substantially entirely by glass or another transparent material, and is not primarily used for the cultivation or protection of plants.

Solid waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Special exception: A special authorization granted by the City Commission to conduct a particular use as further set forth in Schedule B, which may be further defined in these regulations.

Special needs populations: Children, elderly, handicapped, developmentally disabled, and mentally ill (Levels IV and V), none of whom constitute a potential threat to the health, property and safety of the surrounding neighborhood.

Speed bump: A raised section of a paved surface or roadway designed to interfere with and deter speeding traffic.

Staff: The Community Development Department of the City of Lauderhill, and other City departments as may be required.

State land planning agency: The Department of Community Affairs. May be referred to as "DCA."

Street: A public thoroughfare greater than twenty-four (24) feet in width which affords principal means of access to abutting property, including the distance between applicable right-of-way lines. Street shall include land dedicated to or condemned for use as a public thoroughfare for public travel, whether or not utilized, but shall not include an alley as defined herein.

Street, arterial: A street used primarily for fast and heavy traffic traveling considerable distances. All arterials in Broward County are designated on the Broward County Trafficways Plan.

Street, expressway: A street or highway intended for fast and heavy traffic traveling considerable distances on which points of ingress and egress are limited and crossings are separated, and completed according to Broward County engineering standards.

Street line: The right-of-way of a street.

Street, marginal access: A minor street parallel to and adjacent to arterial streets, highways or expressways, and which provides access to abutting property and protection from through traffic, and completed according to Broward County engineering standards.

Street, minor: A street used primarily for access to abutting properties, and completed according to Broward County engineering standards.

Streets and transportation corridor: The land area comprised of a trafficway and its intersections, and that part of any intersecting non-trafficway street and its intersection which is within:

Case A: Any intersecting non-trafficway collector street which is within three hundred (300) feet of the trafficway as measured along the centerline of the non-trafficway collector from a point opposite the chord.

Case B: Any intersecting local street which is within one hundred (100) feet of the trafficway as measured along the centerline of the local street from a point opposite the chord.

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

Structure: Anything constructed, assembled or erected, installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land and which can be used for housing, business, commercial, industrial, recreational or office purposes, either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs and tennis courts, and the like.

Subdivision: The platting of real property into two (2) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Substantial conformity: Refers to the Broward County Charter requirement that local governmental future land use plans shall be materially and pertinently compatible with and further the Broward County Land Use Plan in order to be certified or recertified.

Substantial improvement: Any repair, reconstruction or improvement of a structure which increases the building area or size of the original structure by ten (10) percent or more.

Supermarket: A full-line, self-service retail store which principally sells groceries, canned food, non-food groceries and perishable items, with a sales volume of seven million dollars ($7,000,000.00) or more annually, exclusive of the sale of gasoline or other fuels used to propel motor vehicles. A supermarket which is to be located in the city may establish its anticipated sales volume by reasonable projections.

Tattoo parlors: A commercial establishment or place of business at which the skin of a human being is marked by piercing in or otherwise applying coloring matter so as to form indelible or lasting marks or figures, or which holds itself out to the public as a place where such tattooing can be purchased or arranged.

Tent: Any structure or enclosure, the roof of which and/or one-half or more of the sides, are of silk, cotton, canvas, fabric or a light material.

Tobacco products: includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing.

Tourist home (or bed and breakfast): An owner-occupied single family dwelling where sleeping accommodations are provided for not more than six (6) transient guests, with or without meals.

Townhouse or rowhouse: A row of at least four (4) and not more than twelve (12) dwelling units attached side to side and not on top of each other. A separate owner may own each unit.

Trafficway: Any one of the expressways, principal arterials, minor arterials or collector streets shown on the Broward County Trafficways Plan, promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter.

Trailer: Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters, or the conduct of any business trade, or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designated that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This definition shall include automobile trailers, trailer coaches, and house trailers.

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

Utility: includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead.

Variance: A modification of, or deviation from these regulations or the Code, which is authorized and approved by the Board of Adjustment after it finds that the literal application of the provisions of the regulations would cause unnecessary hardship or practical difficulty in the use or development of a specific parcel or building.

Vendor: Shall include all persons selling or keeping with the intention of selling, dispensing, or dealing in, alcoholic beverages.

Vested rights: Rights which have so completely and definitely accrued to or settled in a person, corporation, partnership or other legal entity, so that it is right and equitable that government should recognize and protect them, as being lawful in themselves, and settled according to then current law.

Walkway: A right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

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

Waterway bank area: The ascending slope which rises from the normal water line of a permanent body of water, which confines the body of water and separates it from the adjacent land.

Wine: means all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, vermouths, and like products.

Yard: A portion of a lot located within a required setback area which must remain unobstructed artificially from the ground to the sky, except as may be allowed by these regulations.

Yard, front: The portion of a lot lying between the front line and the front setback line.

Yard, rear: The portion of a lot lying between the rear line and the rear setback line.

Yard, side: A yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building or use on the plot. The width of a side yard shall be the shortest distance between the side plot line and the nearest use or building on the plot.

(Ord. No. 93-127, § 1, 4-12-93; Ord. No. 93-177, § 1, 10-25-93; Ord. No. 93-178, § 1, 11-8-93; Ord. No. 93-160, § 1, 1-31-94; Ord. No. 94-124, § 1, 6-27-94; Ord. No. 94-176, § 1, 11-28-94; Ord. No. 94-158, § 1, 2-13-95; Ord. No. 95-115, § 1, 3-27-95; Ord. No. 95O-169, § 1, 11-27-95; Ord. No. 96O-102, § 1, 2-26-96; Ord. No. 98O-8-142, § 1, 9-14-98; Ord. No. 99O-1-107, § 1, 2-8-99; Ord. No. 99O-2-109, § 1, 2-22-99; Ord. No. 99O-4-121, § 1, 4-26-99; Ord. No. 99O-8-137, § 1, 9-13-99; Ord. No. 00O-1-7, § 1, 2-14-00; Ord. No. 00O-9-64, § 1, 10-30-00; Ord. No. 02O-10-168, § 1, 11-25-02; Ord. No. 03O-05-148, § 1, 6-9-03; Ord. No. 03O-05-151, §§ 2, 3, 6-9-03; Ord. No. 03O-06-156, § 1, 6-30-03; Ord. No. 04O-01-103, § 1, 1-26-04; Ord. No. 05O-08-170, § 1, 9-12-05; Ord. No. 06O-04-130, § 2, 5-22-06; Ord. No. 06O-10-176, § 1, 11-13-06; Ord. No. 07O-01-102, § 14, 2-12-07; Ord. No. 07O-01-103, § 1, 2-12-07; Ord. No. 08O-02-104, §§ 2, 4, 2-25-08; Ord. No. 09O-03-117, § 1, 3-30-09; Ord. No. 10O-05-124, § 1, 6-14-2010; Ord. No. 10O-05-125, § 1, 6-14-2010; Ord. No. 10O-12-173, § 2, 1-10-2011; Ord. No. 12O-09-147, § 1, 9-24-2012; Ord. No. 12O-09-148, § 1, 9-12-2012; Ord. No. 13O-01-103, § 1, 1-28-2013; Ord. No. 13O-01-104, § 1, 1-28-2013; Ord. No. 13O-01-106, § 1, 1-28-2013; Ord. No. 13O-03-110, § 1, 4-8-2013; Ord. No. 14O-05-120, § 1, 7-14-2014; Ord. No. 15O-06-124, § 1, 7-13-2015; Ord. No. 15O-10-146, § 1, 11-9-2015; Ord. No. 16O-09-146, §§ 1, 2, 10-31-2016; Ord. No. 21O-03-106, § 1, 4-12-2021)

Sec. 1.6. - Conflict in definitions.

In the event of a conflict in definitions in these Regulations, or anywhere in the Code of Ordinances, the definition which appears in the section, article or schedule wherein the item which is at issue appears shall prevail, but only as to that specific item.

Sec. 1.7. - General jurisdiction.

The Lauderhill Police Department and all duly authorized inspectors for the City of Lauderhill and the Lauderhill Code Compliance Division are hereby authorized to enforce the provisions of the Land Development Regulations.

(Ord. No. 92-166, § 1, 9-14-92; Ord. No. 95-115, § 1, 3-27-95)

Sec. 1.8. - Planning and zoning review fees.

Fee Schedule
Applications Fees
Variance filing fees
 Zoning $1,425.00
 Sign $1,325.00
Special exception filing $1,325.00
Rezoning filing fee $4,450.00
Plat note amendment/amendment to approve $2,350.00
Plat $2,475.00
Vacation of easement right-of-way $1,600.00
Acceptance of easement right-of-way $1,600.00
Land-use plan amendment (minimum fee) $7,575.00
Site plan—Major review (1st and 2nd submittal) $5,525.00
Site plan—Major and administrative 3rd submittal $1,625.00
 Traffic engineering study (Initial cost recovery deposit to cover engineering consultant fees for meetings, review, and comments. Final cost to be determined.) $5,000.00
Site plan administrative review (1st and 2nd submittal) $2,975.00
Land development regulation amendment $3,825.00
Landscape permit review, and inspection or re-inspection fee
 Single-family dwelling $45.00
  First re-inspection $25.00
  Second or subsequent reinspection $40.00
 Multiple-family residential and commercial, per building $200.00
  First re-inspection $100.00
  Second or subsequent reinspection $125.00
Zoning permit review, and inspection or re-inspection fee
 Single-family dwelling $40.00
  First reinspection $25.00
  Second or subsequent reinspection $40.00
 Multiple-family residential and commercial, per building $200.00
  First re-inspection $100.00
  Second or subsequent reinspection $125.00
Sales trailer
 Initial approval $250.00
 Renewal $100.00
Liquor license zoning compliance review $25.00
Tree removal permit fees
 Single-family properties $50.00
 Multi-family and Non-residential properties shall be assessed per tree, based on the caliper of the tree:
  Up to twelve (12) inches $25.00
  Twelve (12) to eighteen (18) inches $50.00
  Eighteen (18) to twenty-four (24) inches $75.00
  Each additional six (6) inches, above twenty-four (24) $25.00
Sign permit fees:
 Temporary signs
  Three (3) days $50.00
  Ten (10) days $75.00
  Thirty (30) days $125.00
 Permanent signs (static messages) $100.00
 Permanent sign (dynamic display):
  Window $100.00
  Monument $500.00
Zoning verification request $50.00
Zoning confirmation letter (first two questions included) $90.00
  - Each additional question requested through a zoning confirmation letter $90.00
Staff review/research for documentation not listed (per staff hour) $90.00

 

(Ord. No. 24O-07-125, § 2, 8-26-2024)

Editor's note— Section 1 of Ordinance No. 95-115, adopted March 27, 1995, repealed Art. I, § 1.8 in its entirety. Formerly, § 1.8 pertained to a general penalty and derived from Ord. No. 92-166, § 1, adopted Sept. 14, 1992.