(A)

The purpose of this article is to define the terms used herein and provide a uniform understanding of each term as it relates to the regulations set forth in this article.

(A)

As used in the regulations outlined in this Code, words in the singular include the plural and those in the plural include the singular unless the context clearly indicates the contrary. The word "person" includes a corporation, unincorporated association, a partnership, an incorporated association, or any other similar entity, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof". The word "street" includes avenue, boulevard, parkway, court, highway, lane, road, terrace, causeway, way and expressway. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, stream and canal, but does not include a lake, pond or pool without outlet. The word "may" is permissive; the words "shall," "will" and "must" are mandatory and not merely directory. The particular shall control the general. In case of any difference of meaning or implication between the text of this Code and any caption, illustration or summary table, the text shall control. Words used in the present tense shall include the future. The words "such as" or "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character. The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used. The word "land" shall include water surface and land under water.

(B)

Where a regulation involves two (2) or more items, conditions, provisions, or events connected to the conjunction, the conjunction shall be interpreted as follows:

1.

And indicates that all the connected items, conditions, provisions or events shall apply.

2.

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

3.

Either… or indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

(C)

Definitions of terms.

Abandoned personal property. Wrecked or derelict property which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative or partially disassembled machinery, dismantled motor vehicles, trailers, boats, refrigerators, washing machines, plumbing fixtures, furniture and any other similar article which has been left abandoned and unprotected from the elements.

Accessible property. A property that is accessible through a comprised/breached gate, fence, wall, etc.

Accessible structure. A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

Accessory building or structure. A subordinate building or structure on the same lot with, or a part of, the main building which is devoted to an accessory use. Such building or structure shall comply with the following general requirements:

1.

Is located only in the side or rear setbacks of the principal building, and not within a side setback abutting a street; and

2.

No accessory structure shall be located within a platted or recorded easement; and

3.

In no case shall an accessory structure be taller than the associate principal structure.

Accessory use. A use that is naturally and customarily incidental to, subordinate to, and subservient to the principal use and is permitted on the subject lot after the principal structure is permitted. Such uses shall comply with the performance criteria set forth below:

1.

Is located on the same lot as the principal use; and

2.

Contributes to the comfort, convenience, or necessity of the principal use

Adult bookstore. Any establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this code, or an establishment with a segment or section devoted to the sale or display of such material.

Adult family care home. A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a twenty-four-hour basis, for no more than five (5) disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

1.

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two (2) adults who do not receive optional state supplementation under Section 409.212, F.S. as may be amended from time to time. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

2.

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

3.

An establishment that is licensed as an assisted living facility under Chapter 429.40, Florida Statutes as may be amended from time to time.

Adult Entertainment Establishment. Any enclosed building, or any area or section within any enclosed building, used for live entertainment or presenting material that is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", as defined in this Code, for observation by patrons therein.

Alley. An unnamed public thoroughfare or way, not more than twenty-two (22) feet in width and which normally provides a secondary means of access to abutting property or allows access by commercial vehicles for services and deliveries in a nonresidential district.

Alteration. "Alter" or "alteration" shall mean any change in size, shape, character, occupancy or use of a building or structure.

Apartment, efficiency. A dwelling unit in a multiple dwelling, consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities.

Approval, final plat. The official action of the board City Commission on a final plat which incorporates all features and provisions of a plat which has been reviewed by the City Engineer and other appropriate City staff as applicable in order to bring the plat before the Board and the City Commission.

Approved. Authorized as provided by law.

Assisted living facility. Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator.

Automobile storage. The placement of an inoperable or unregistered vehicle on a property, for more than twenty-four (24) hours. It shall not include "parking" as defined in this section nor the storage of new or used vehicles for sale, service, rental.

Automobile wrecking: The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Bar. Any place devoted primarily to the retailing and drinking of any alcoholic beverage, including any lounge, nightclub, tavern, or saloon, or any other place where any sign or product is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Bedroom. A room that can be used for sleeping, or any room with air-conditioned space designated on building plan submittals as den, library, loft, office, study or other extra room will be considered to be a bedroom for the purpose of this Code.

Bike locker. An enclosure made of theft-resistant material, with a lockable door that opens the full width and height of the locker, designed for the storage of one (1) bicycle and accessible only to the operator of the bicycle.

Blemish. A noticeable imperfection that impairs appearance.

Blighting influence. Any physical condition of building or property, which directly or indirectly causes a reduction in the value of surrounding properties.

Board. Shall mean the City Planning and Zoning Board.

Body art studio. A use that involves the practice of tattooing, branding, scarification, dermal anchors, and/or body piercing, and most frequently features custom fine art design and "by appointment" services only.

Brush. Any dense growth or bushes, shrubs or weeds, or any accumulation of, but not limited to: Grass clippings, hedge and tree trimmings, palm fronds, leaves, and other such debris.

Buffer. A physical barrier which effectively screens one (1) parcel from an abutting parcel.

Building. Any structure, either temporary or permanent, which encloses space, includes a roof, and is used or built for the shelter or protection of persons, animals, chattels, or property of any kind.

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 permit:

1.

Any permit for the erection or construction of a new building, or the expansion of an existing building as required by the Florida Building Code, or other building code in force and effect at the time.

2.

Any permit for an existing building which would:

a.

Create one (1) or more additional dwelling units;

b.

Involve a change in the occupancy group of a building as described in the Florida Building Code, or other building code in force and effect at the time;

c.

Increase the square footage.

3.

Any application for local business tax receipt at an existing development which would involve a separate permitted use, e.g., truck rentals at an existing filling station or gasoline pumps at an existing convenience store.

Building type. A structure category determined by function, configuration, and frontage.

Bulk quantities. Quantity stored in any container, which quantity is to be removed for repackaging.

Bulk storage. Any storage or any material, which material is to be removed for repacking.

Canopy. An unenclosed, roof-like structure on a supporting frame, consisting of any material, extending from a building or free-standing.

Carports. A canopy that is attached to or abuts a principal structure and is open on at least two (2) sides for the purpose of providing shelter for one (1) or more vehicles.

Certified land use plan. The City of Margate 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 the City Commission in compliance with the Comprehensive Planning Act of 1975, Section 163.3161, et seq., Florida Statutes.

Change of occupancy. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class, as defined by the Florida Building Code. "Change of occupancy" is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Charter school. A tax-supported public school established by a charter, pursuant to F.S. 1002.33, as may be amended from time to time.

Child care facility. An establishment in which custodial care is rendered to children unrelated to the operator, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit.

City Code. The Code of the City of Margate, Florida, as adopted on February 9, 1972, and amended from time to time.

City Commission. Shall mean the City of Margate City Commission.

Club, private. Shall pertain to and include those associations and organizations of a civic, fraternal or social character, not operated or maintained for profit, and not consisting of residential facilities. The term "private club" shall not include casinos, night clubs, or other institutions operated as a business.

Code compliance officer. Any employee or agent of the City of Margate duly authorized by the city manager City Manager to enforce city ordinances.

Commercial recreation. A facility providing activities or other recreational uses, either indoor or outdoor, operated as a business and open to the general public for a fee.

Commercial vehicles. Any bus, step van, limousine, truck, trailer, utility trailer, truck tractor, tow truck or wrecker, agricultural, construction or industrial equipment or any vehicles designed, intended or used for transportation of people, goods or things for profit, or any vehicle displaying commercial lettering. The terms shall include but shall not necessarily be limited to a pick-up truck with altered cargo box, or from which the cargo box has been removed. Any vehicle with tools, building materials, merchandise or outfitted with emergency flashing or rotating lights visible from the street or from abutting residential property shall be deemed a commercial vehicle.

Commissary. A commissary is a public food service establishment licensed by the Division of Hotels and Restaurants or permitted by the Department of Agriculture and Consumer Services that is utilized by a Mobile Food Dispensing Vehicle (MFDV) operator for the purpose of providing support services that are not available on an MFDV that is not self-sufficient. Support services include: obtaining potable water; disposing of wastewater and solid waste; cleaning and sanitizing utensils and equipment; storing food, single-service items and other supplies; and preparing food.

Committed trip. A trip generated with the TRIPS model from an approved but not yet built development.

Community residential home. A dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice or the Department of Children and Families or licensed Agency for Health Care Administration.

Community residential home, Type 1. A dwelling unit that provides a living environment for homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning districts without approval by the City, provided that such homes are not located within a radius of one thousand (1,000) feet of another Type 1 home or within a radius of one thousand two hundred (1,200) feet of another Type 2 home. Such homes with six (6) or fewer residents are not required to comply with the notification provisions of Chapter 419, Florida Statutes as may be amended from time to time; provided that, before licensure, the sponsoring agency provides the City with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the City in which the proposed site is to be located in order to show that there is not another Type 1 home within a radius of one thousand (1,000) feet and not another Type 2 home within a radius of one thousand two hundred (1,200) feet of the proposed home. At the time of home occupancy, the sponsoring agency must notify the City that the home is licensed by the licensing entity. For purposes of City land use and zoning determinations, this definition does not affect the legal nonconforming use status of any community residential home lawfully permitted and operating as of July 1, 2016.

Community residential home, Type 2. A dwelling unit meeting the definition of community residential home which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of residents. Type 2 homes shall not be located within one thousand (1,000) feet of another Type 1 home and within one thousand two hundred (1,200) feet of another Type 2 home. For purposes of City land use and zoning determinations, this definition does not affect the legal nonconforming use statues of any community residential home lawfully permitted and operating as of July 1, 2016.

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

Concurrency. A provision that public facilities and services needed to support development shall be available at the same time or coincidental with the impacts of such development.

Constrained facility. A road segment which is not planned for a capacity improvement in the adopted Highway Network Plan of Broward County.

County commission. The Board of County Commissioners of Broward County, Florida.

Convenience store. The term "convenience store" means any place of business having four thousand (4,000) gross square feet or less of space that is engaged in the retail sale of groceries, which may include the sale of prepared foods, and/or gasoline and/or service. The term "convenience store" does not include restaurants.

Courtyard. Outdoor space that is confined by building walls, sometimes between multiple developments.

Courtyard building. A building that occupies the boundaries of its lot while internally defining one (1) or more private patios. Coverage: The area of a lot covered or occupied by buildings or structures.

Cul-de-sac. A minor street intersecting another street at one end and terminated at the other end by vehicular turnaround.

Deficiency. A condition of deterioration that is not in violation of this article; however, such condition can be expected to become a violation within a short period of time.

Deterioration. The condition or appearance of any structure or grounds, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.

Detoxification. A service involving subacute care that is provided on an inpatient or outpatient basis to assist individuals to withdraw from the physiological and psychological effects of substance abuse and who meet the placement criteria provided in Chapter 397, Florida Statutes, as may be amended from time to time.

Detoxification facility. A facility licensed to provide detoxification services under Chapter 397, Florida Statutes as may be amended from time to time.

Developer. A person or his agent who undertakes the activities covered by these regulations, particularly the preparation and presentation of a subdivision plat showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" is intended to include the term "subdivider", even though the persons involved in successive stages of the project may vary.

Development order. An order authorizing the granting, denying or granting with conditions of an application for a development permit.

Development permit. Any building permit, as defined herein, subdivision resurvey or plat approval, rezoning, special exception, site plan, site plan amendment, plat amendment, land use plan amendment, or other official action of the City having the effect of permitting the development or redevelopment of land. This does not include any variance or other official action necessary solely for the purpose of issuing a permit, other than a building permit, pursuant to the Florida Building Code, or other building code in force and effect at the time.

Development. The meaning given in Section 380.04, Florida Statutes, as may be amended from time to time.

Dilapidated. A condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition.

Dollar store. A store selling household goods that has two (2) or more of the following characteristics: use of pricing information in its name such as "dollar," "ninety-nine," "cents," or "five;" selling personal care products labeled and originally marketed for sale in a different country than the United States; selling damaged or overstock products; or the majority of inventory is offered for sale for a price of less than ten dollars ($10.00) (2023 CPI) in or equivalent CPI in current year.

Drainage facilities. A system of man-made structures or topographic land features designed to collect, convey, hold, divert or discharge stormwater, including stormwater sewers, canals, detention structures and retention structures.

Driveway. A private surface-way which provides a primary means of access to off-street parking or loading spaces.

Duplex. Two (2) attached dwelling units in one (1) building.

Dwelling. Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one (1) or more persons, permanently or temporarily, continuously or transiently.

1.

Multiple unit dwelling: A lot containing three (3) or more one-family dwelling units.

2.

One-family dwelling unit: A lot containing a dwelling unit occupied by one (1) family.

3.

Two-family dwelling unit: A lot containing two (2) one-family dwelling units.

Dwelling unit. Any habitable room or group of habitable rooms located within a dwelling and forming a single habitable unit for occupation by only one (1) family with facilities used, or intended to be used, for living, sleeping, cooking, and eating, with or without sanitary facilities.

Easement. A right of use or control of a section of property granted for a designated purpose.

Electrical. All work, materials and/or system of electrical wiring for use of light, heat or power, and all appurtenances, apparatus or equipment used in connection therewith, inside of or attached to any building or structure, lot or premises.

Elevation. An architectural drawing that represents a structure as being projected geometrically on a vertical plane parallel to one (1) of its sides.

Enforcement officer. Any law enforcement officer, fire department official, building official, zoning inspector or code compliance officer employed within the city.

Enforcing official. Shall mean the officers and employees of the department, bureau or agency of the City of Margate to whom the duty of enforcing the terms of this resolution is assigned under the resolution.

Entrance, principal. The main point of pedestrian access into a building.

Erected. The word "erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavation, fill, drainage and the like shall be considered a part of erection.

Evidence of vacancy. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property or an absence of home furnishings or personal property, as defined herein, statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacant.

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

Family care facilities. A facility which provides residence, supervision, and support in a family setting to eight (8) or fewer unrelated individuals who are handicapped, aged, disabled, or in need of adult supervision.

Fire hazard. Anything or any act which violates the prevailing fire codes of the City.

Floor area. Where a specified minimum "floor area" is required in the zoning ordinance for a dwelling, "floor area" shall mean the total gross area within the external perimeter of the exterior enclosing walls, including Florida rooms, sunrooms and utility rooms which are fully enclosed and directly accessible from the interior of the dwelling but excluding other utility rooms, unenclosed porches, terraces, breezeways, and carports or garages.

Foreclosure. The legal proceedings initiated by a creditor to repossess the collateral for a residential or commercial loan that is in default.

Foreclosure property. Any property that is under a current notice of default and/or notice of mortgagee's sale, or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure, any properties transferred under a deed in lieu of foreclosure or sale or any properties transferred or pending transfer as part of bankruptcy proceedings. See also Registrable property.

Frontage of a building. Shall mean the side or wall of a building approximately parallel and nearest to a street.

Frontage of property. Shall mean the lot line which abuts a street or separates the lot from a street.

Fully shielded. A light fixture constructed and installed in such a manner that all light emitted by it, either directly from the lamp (bulb) or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. This can be determined by a field test or visual assessment of an operating sample.

Garage. A building or part thereof, used for indoor parking of automobiles.

Garage, repair. A building, or part thereof, where vehicles are received and a fee is paid for repairs to any part of the vehicle, but shall not include wholesale rebuilding of parts, and paint and body works.

Garbage. The animal and/or vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic or related materials used in the packaging and preparation of foods or other nonhazardous household goods.

GBI. The Green Building Initiative.

Glare. Brightness in the field of view that is sufficiently greater than the amount to which the eye is adapted, causing annoyance, discomfort, or loss of visual performance and visibility.

Go-cart. A four-wheel vehicle, designed for a single rider, having a one (1) or two (2) cylinder internal combustion engine.

Good state of repair. That a building, structure or parcel of land is safe and habitable for its ordinary and intended use, and that the materials used in any structure or fixture are sound, stable and conform to its original purpose and performing the function for which intended and not in need of maintenance.

Grade. The natural elevation of the ground, established relative to the required base floor elevation for the applicable coastal flood zone designated by the current Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRMs), or in the extreme cases of varied elevations within the same site, grade shall be established by the city building department.

Grade, finished. The finished elevation of a site after all fill, land balancing or site preparations have been completed. The finished grade shall be the elevation from which all structural heights are measured.

Green building A building that emphasizes state-of-the-art strategies for sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality and is identified as meeting verifiable green building standards.

Greenway. An open-space corridor in largely natural conditions which may include trails for bicycles and pedestrians.

Green Globes. The current version of the green building rating system administered by GBI.

Habitable. Any building or structure or portion thereof that is used, or intended for use, on a day-to-day basis by people for residential purposes, or for purposes of conducting a commercial or industrial business, or for purposes of a similar nature.

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

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

Height of building. The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Home occupation. Any use conducted entirely within a dwelling for financial gain, which use is clearly incidental and subordinate to the use of the dwelling for residential purposes and does not change the character thereof.

Horizontal mixed-use. A mix of uses where different uses are adjacent to each other within the same lot or development. Nonresidential uses shall occupy a minimum of fifteen (15) per cent, with such per centage calculated based upon the ratio of total gross ground floor area of all proposed buildings within the project. The nonresidential uses may consist of office or retail and service uses, or a combination thereof.

Hospital. A hospital licensed under Chapter 395, F.S., and Part II of Chapter 408, Florida Statutes as may be amended from time to time.

Hotel. A building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking facilities for use by the occupants, and in which there may be a public dining room for the convenience of the guests. Access to the sleeping rooms shall be through an inside lobby or office.

Improvement, public. Any of the following: street pavement, with or without curbs and gutters; sidewalks, alley pavement; walkway pavements; water mains; sanitary sewers; storm drains; street name signs, street trees; permanent reference monuments (PRM); permanent control points (PCP).

Impervious area. A surface area of land that does not allow for any penetration of water to the subsurface area.

Industrially-zoned property. Shall mean any land or water area whose zoning district classifications is M-1 or M-1A under this chapter.

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

Infrastructure. Those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; solid waste disposal sites or retention areas; stormwater systems; utilities; docks; breakwaters; bulkheads; seawalls; causeways; bridges; and roadways.

Inoperative vehicle. Any wrecked or partially dismantled vehicle which is parked or stored for longer than forty-eight (48) hours without having all wheels mounted, or which is in a condition of substantial disrepair, or which is parked or stored without having all tires inflated. It shall also mean a vehicle which does not have affixed a current automobile license tag.

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

Kennel. The term kennel shall be construed to include any establishment for the raising, training, boarding or selling of dogs, cats, birds, mice, rats, or other small animals for hire or profit, or where more than four (4) dogs or cats are harbored or kept over four (4) months of age. "Kennel" shall not include any humane society, animal protection agency, veterinarian clinic, or hobby breeder. Kennel shall also include any person or establishment that intentionally or un-intentionally causes or allows the breeding or studding of a cat or dog of three (3) or more litters of dogs or cats per household or premises during a consecutive twelve-month period whether or not such animals were made available for sale, adoption or other placement.

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

Land platted. Any land recorded by plat in the Broward County circuit court clerk's office after June 4, 1953.

Land unplatted. Any land or part thereof, not recorded by plat in the Broward County circuit court clerk's office.

LEED. The current version of the USGBC's Leadership in Energy and Environmental Design rating system in effect at the time a project is registered with the USGBC.

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 regulated to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. Level of service may also be referred to as "LOS."

Light manufacturing. Products from aluminum, brass, bronze, copper, steel or other metal or from cloth, canvas, leather, paper, rubber, shell, plastic, wood or other materials, such as electronic devices, food products, chewing gum, syrup, fruit juices, extracts, drugs or medicines, electrical fixtures, hardware and cutlery, musical instruments, and optical devices.

Light trespass. Light produced by a lighting fixture that illuminates a surface beyond the boundaries of the property on which it is located.

Limited access self-service storage facility. A multistoried self-service facility with limited access points from the exterior to interior halls that serve the individual bays.

Liner building. A building, usually shallow in depth, specifically designed to mask a parking lot, parking garage or blank wall from a frontage.

Live-work unit. A dwelling unit that is also the primary place of work, which place of work is located on the ground floor for the occupant of the unit.

Local street. Any publicly dedicated street used primarily for access to abutting property. This definition also includes collector streets which carry traffic from local streets to regional arterial roads.

Long-term care facility. A nursing home facility, assisted living facility, adult family-care home, or any other similar residential adult care facility that provides rehabilitative, restorative, and/or ongoing skilled nursing care to patients or residents in need of assistance with activities of daily living.

Lot. Land occupied or to be occupied by a building or use, and their accessory buildings and accessory use, together with such setbacks and open spaces as are required by this chapter. A "lot" may consist of one (1) or more, or portions of a platted lot and/or unplatted land.

Lot, corner. A "corner lot" is a lot of which at least two (2) adjacent sides abut for their full length upon streets, provided that such two (2) sides intersect at an interior angle of not more than one hundred thirty-five (135) degrees. Where a lot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than one hundred thirty-five (135) degrees, such a lot is a "corner lot". In the case of a "corner lot" with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.

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

Lot, interior. A lot other than a corner lot.

Lot line, front. The line dividing a lot from a street or base building line, whichever will result in a lesser depth of lot. On a corner lot the shorter of the two (2) "front lot lines" as above defined shall be considered to be the "front lot line" for the purposes of determining required lot width and required front setback depth. On a corner lot where both "front lot lines" as above defined are equal length, both such lines shall be considered to be "front lot lines" for the purpose of determining required street setback depth. On through lots both "front lot lines" as above defined shall be considered to be "front lot lines" for the purpose of determining required setbacks.

Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or gore-shaped wherein the two (2) side lot lines converge in the rear, the "rear lot line" shall be considered to be a line ten (10) feet in length within the lot parallel to and at the minimum distance from the front lot line.

Lot line, side. Any lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line". A "side lot line" separating a lot from another lot or lots is called an "interior" or "side lot line."

Lot line, street or alley. A lot line separating the lot from a street or alley. Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of first lot to its rear.

Lot, through. A lot abutting on two (2) streets, not at their intersection, if any which may be either a corner or interior lot.

Lot width. The horizontal distance between the side lines of a lot at the depth of the required front setback.

Machine. Any contrivance which serves to regulate the effect of a given force or to produce or change motion.

Margate Comprehensive Plan. The comprehensive plan of the City of Margate prepared and adopted in conformity with Florida Statutes, Section 163.

Medical office. An office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including, but not limited to, technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner.

Mixed-use. Multiple functions within the same building through superimposition or adjacency, or in multiple buildings within the same lot by adjacency.

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.

Multiple dwelling. A building which provides separate living quarters for two (2) or more dwelling units.

Mylar. A twenty-four-inch by thirty-six-inch dimensionally stable plastic film in which the final plat drawing is placed upon.

Net traffic impact of development. The total trips to be generated by a proposed development, as measured by the TRIPS model, less the trips, if any, estimated to be generated by the existing development to be replaced or generated by a previously approved plat.

Nominal salvage value. The value of an article of abandoned or derelict proper ty property which a reasonably prudent person would believe the fair market value of the property would be nominally greater than the costs of salvage including the removal, transportation, storage and sale of same. (This shall take into consideration its useful life, earning capacity or replacement cost, less depreciation and items of general or special depreciation.)

Nonconforming structure. A structure or portion thereof, existing at the effective date of this chapter, or any amendment thereto; which was occupied, designed, erected, intended, or structurally altered for use not permitted at its location by the provisions of this chapter 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 at the effective date of this chapter, or any amendment thereto, for any purpose not permitted for a new use in the district in which it is located.

Non-residentially zoned parcel. Any parcel of land whose zoning designation is C, G, CC, B-1, B-2, B-2A, B-3, M-1, M-1A, CF, S-1, S-2 or any business areas of a PUD.

Nuisance. Anything that violates the standards provided herein, or any other city, county, state or federal law.

Nuisance lighting. Includes, but is not limited to glare, light trespass, and skyglow.

Nursing home facility. Any licensed facility which provides nursing services as defined in Part I of Chapter 464, Florida Statutes, as may be amended from time to time.

Occupied. The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Occupant. Any person living, sleeping or having actual possession of a dwelling.

Occupy. The residing of an individual in a dwelling unit or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

Office. Premises available for the transaction of general business of a clerical or administrative nature, but specifically excluding entertainment, retail, wholesale, artisanal, warehousing, repair, and manufacturing uses.

Open space. An outdoor area dedicated for public use.

Operator. Any person who has charge, care or control of a building, structure or parcel of land, or part thereof.

Ordinance. The zoning code of the City of Margate and any amendments thereto.

Over-all plan. A plan depicting a general layout of streets, blocks, lots, waterways, etc., for the future subdividing of an area, which may be platted in sections for each of which a preliminary plat will be filed.

Owner. Any person or legal entity who, alone or jointly has legal, equitable or beneficial title to any building or structure, or part thereof, which is subject to this article.

P.C.P. Shall mean permanent control point, each of which shall consist of a nail in a disc stamped with surveyor's registration number or brass marker, marked PCP, and shall be located as required by Broward County.

Package store. A business establishment licensed to sell liquor in containers for consumption off the premises, including, but not limited to, any business with a 3APS alcohol license.

Pain management clinic. Any clinic, facility, or office that is required to be registered with the Florida Department of Health pursuant to F.S. § 458.3265 or 459.0137, as amended may be amended from time to time.

Parcel. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as a unit or which has been used or developed as a unit.

Parking. The term "parking" shall mean the temporary, transient storage of private passenger vehicles used for personal transportation, while their operators are engaged in other activities. It shall not include storage of new or used vehicles for sale, service, rental, or any other purpose other than specified above. "Parking" as defined herein shall apply only to open-air storage of vehicles.

Parking structure. A building containing two (2) or more stories of parking facilities. Parking structures within the Activity Center boundary that are located on an established build-to line shall have liner buildings at the first story.

Passage. A pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to building frontages.

Path. A pedestrian way traversing a park or courtyard, with landscape matching the contiguous open space. Paths should connect directly with the urban sidewalk network.

Patio. An unenclosed, finished outdoor surface area, adjacent to or apart from a building, not containing accommodation for vehicles.

Payday loans. A non-chartered financial institution that offers deferred deposit transaction services, check cashing services or loans for payment of a per centage fee. The term "non-chartered financial institution" shall include but is not limited to deferred deposit transaction (payday loan) business that makes loans upon assignment of wages received, check cashing businesses that charge a per centage fee for cashing a check or negotiable instrument, or motor vehicle title lenders who offer short-term loan secured by the title to motor vehicles. This definition does not include non-profit financial institutions or retail sellers engaged primarily in the business of selling consumer goods to retail buyers, that cash checks or issue money orders as a service to its customers that is incidental to its main purpose or business.

Pedestrian zone. An aesthetic buffer designed to help visually soften the hardscape of urban development while also providing for pedestrian travel and improved site connectivity.

Performance standards. Criteria for permitting and controlling various uses and activities within the City in order to limit negative impacts and maintain the character of the City of Margate in accordance with the goals and objectives of the comprehensive plan of the City of Margate.

Permanent reference monuments (PRM). Monuments as defined by Chapter 177, Florida Statutes.

Person. The word "person" includes any individual, association, firm, partnership, co-partnership, or corporation.

Personal care services. An establishment (not having as its primary function the sale of retail goods) primarily engaged in providing appearance care and/or beauty services to individual consumers such as beauty salons, ear piercing and spas.

Pervious area: A surface area of land that allows passage of air and water to the subsurface area, including, but not limited to, grass, mulch, and stone. Limestone gravel and pavers are not considered as pervious surface. Pavers and turfblock that are designed to be pervious with an underground drainage system may be counted as fifty (50) per cent pervious.

Pet store or pet shop: A retail establishment open to the public and engaging in the business of offering for sale and/or selling animals at retail.

Place of Assembly. An establishment providing a place for persons to gather together for a common purpose in a meeting, recreational, religious or social facility. This definition shall include, but is not limited to auditoriums, private clubs and lodges, community centers, clubhouses, theaters, and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

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

Planter. The element of the public streetscape which accommodates street trees. Planters may be continuous or individual.

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 Public Records of Broward County, Florida.

Plat, final. A complete and exact subdivision plan, showing proposed street and lot layout, prepared for official recording as required by statute, to identify and define property rights, dedications and public improvements, and incorporating all corrections required by the City Planning and Zoning Board and city Engineer upon review of the preliminary plat.

Platted land. Any land which can be referenced to an official plat book and page number.

Plazas. Large outdoor spaces that extend the public realm from the street or sidewalk to the main entry of an adjacent building.

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, including water wells, treatment plants, reservoirs and distribution mains.

Potable water. Water which is satisfactory for drinking, culinary and domestic purposes and which meets the quality standards of the Florida Department of Environmental Protection.

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

Poultry market. A commercial establishment or place where live poultry or fowls are kept and prepared for sale, including killing or cleaning.

Principal building. A building which is occupied by, or 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 of primary importance, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.

Principal structure. A structure, the use of which is the principal or primary use of the land. A principal structure may consist of a building or an unmanned or uninhabited structure such as a communication tower, utility substation, parking facility or other similar construction. There may be more than one (1) principal structure on a parcel.

Principal use. The primary use of a parcel of land as distinguished from secondary or accessory uses. There may be more than one (1) principal or main use on a parcel of land.

Private property. All lands and improvements other than public lands and improvements.

Project. Construction associated with the creation, development, major renovation, or erection of any building deemed to be eligible for an approved green building certification program.

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

Public property. Canals, all waterways, lands and improvements owned by a governmental body or any governmental agency including, but not limited to, easements and rights-of-way, but excluding the campus of any institution of the state university system.

Public utility. Any public or private utility such as, but not limited to, storm drainage, sanitary sewers, electrical power, water service, gas service or telephone lines, whether underground or overhead.

Real property. Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number located within the City limits.

Recovery residence. A residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, that is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free and drug-free living environment. The number of unrelated residents and distance requirements set forth by Type 1 and Type 2 community residential homes shall apply to these facilities.

Recreational vehicle (RV). Any vehicle constructed so as to permit occupancy thereof as sleeping or living quarters, used as a conveyance on highways and streets, and propelled by its own motive power.

Recreational vehicle (RV) lot structure. A fully enclosed accessory structure located on an RV site within an approved RV park. This definition shall not include tiki huts, chickee huts, or any other thatched roof structure.

Recreational vehicle (RV) park. A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owners, lessor or operator of such place, for the parking and accommodation of five (5) or more recreational vehicles (as defined in F.S. § 320.01(1)(b)).

Recreational vehicle (RV) site. The lot within a recreational vehicle park delineated for individual recreational vehicle occupancy. The site typically includes a pad on which the recreational vehicle is parked, a driveway, utility connections and open space area. An RV site may also include a patio area, RV lot structure, and decorative features including, but not limited to, tables, lampposts and grills.

Redevelop. To demolish a principal building or structure of a site and construct a new principal building or structure; or to expand an existing principal building or structure fifty (50) per cent or more as defined as a substantial improvement by FEMA.

Regional transportation network. Those roadways shown on the Broward County Trafficways Plan promulgated by the Broward County Planning Council, or on the Broward County Plan promulgated by the Broward County Metropolitan Planning Organization, or for which right-of-way has been delineated by the board of county commissioners.

Regional transportation network. Those trafficways designated on the Broward County Trafficways Plan.

Redevelop. To demolish a principal building or structure of a site and construct a new principal building or structure; or to expand an existing principal building or structure fifty (50) per cent or more as defined as a substantial improvement by FEMA.

Registrable Property. Any Real Property located in the City, whether vacant or occupied, that is subject to an ongoing Foreclosure Action by the Mortgagee or Trustee, has been the subject of a Foreclosure Action by a Mortgagee or trustee and a judgement has been entered, or has been the subject of a Foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the Foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the Foreclosure Action has been dismissed.

Registry. A web-based electronic database of searchable real property records, used by the City to allow Mortgagees the opportunity to register properties and pay applicable fees as required in this Section.

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.

Reserve strip. A piece of land or line on one (1) side of a street in the control of the owner of the land on the opposite side of the street which prevents access to the street by development immediately beyond the piece of land or line.

Residential building. Any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property.

Residentially zoned property. Any land or water area that has a residential zoning district classification.

Resource recovery facility. Any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

Restaurant. A building or room, not operated as a dining room in connection with a hotel, where food is prepared and served for pay for consumption on the premises.

Restaurant with automobile service. Any restaurant where provision is made on the premises for serving of food, refreshments, or beverages to customers in automobiles or for pick-up service via an automobile drive-thru.

Restaurant, take-out: A restaurant where provision is made solely for the selling, dispensing, or serving of food, refreshments, or beverages to customers for consumption in other than a completely enclosed building on the premises.

Retail. The selling of merchandise to end users, usually in small quantities and not intended for resale. Retail establishments shall have merchandise available for purchase for walk-in clientele and shall have all sales transactions take place on site. Internet and other off-premises transactions shall not be considered retail but may be permitted as an accessory use to retail.

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

Right-of-way. Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose.

Roof line. The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed maximum height of the building. In the case of flat roofs, it is the uppermost line of the roof of a building.

Rooftop photovoltaic solar system. A system which uses one (1) or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack-mounted on a flat roof, to convert sunlight into electricity.

Rowhouse. A single-family dwelling that shares a common wall with another of the same type and occupies the full frontage line. (Syn: Townhouse.)

Rubbish. All combustible and noncombustible waste materials except garbage, including, but not limited to, nonoperative toys, bicycles, motorcycles, automobiles, mechanical equipment and machines or parts thereof.

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

School. Facilities of public or private, primary or secondary schools, vocational and technical schools and colleges and universities licensed by the Florida Department of Education. This shall not include home schools, nor day care centers.

Semi-Annual Registration. Six (6) months from the date of the first action that requires registration, as determined by the City, or its designee, and every subsequent six (6) months the property is Registrable. The date of the initial registration may be different than the date of the first action that required registration.

Service contractors. These include air conditioning service and installation, carpet installers, glass and mirror installers, carpet cleaners, exterminators, lawn care companies, and other similar businesses performing work off-premises. This definition specifically excludes automotive and personal services.

Setback. A space on a lot with a structure or use, open and unobstructed from the ground to the sky except by structural encroachments specifically permitted in this Code. "Setback" measurements shall be the minimum horizontal distances. "Setbacks" shall extend and be measured inward from the respective lot line.

Setback, front. A setback extending across the full width of the lot between the front lot line and the nearest line of the main use or main building on the lot.

Setback, rear. A setback extending across the full width of the lot between the rear lot line and the nearest line of the main building.

Setback, side. A setback extending from the front setback to the rear setback the depth of a lot, between the side lot line and the nearest line of any building or use of the lot. The width of a "side setback" shall be the shortest distance between the side lot line and the nearest use or building on the lot.

Setback, street side. A setback extending the depth of a lot, between the nearest line of any building or use of the lot and a side lot line that is adjacent to a right-of-way.

Setback or base building line. The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.

Shed. A permanent, simple roofed structure, typically made of wood or metal with four (4) sides enclosed, that is permanently affixed to the ground, meets all Florida Building Code regulations, is not equipped with plumbing, and is used for the primary purpose of additional storage space.

Shopping center. A group of commercial predominately retail or service establishments planned, developed, managed, and operated as a unit and which utilize a common parking area.

Sidewalk. That portion of the street intended for use by pedestrians between the curbline, or the lateral lines of a roadway, and the adjacent property lines.

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

Single-family home. Any detached residential structure constructed with the intention that said structure be occupied by one (1) family as a separate housekeeping unit.

Skyglow. The adverse effect of brightening of the night sky due to man-made lighting.

Social Centers. A facility used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or consumed.

Solid Waste. Refuse, garbage, or sludge that has been discarded, recycled or abandoned as a byproduct material that occurs as a result of processing or manufacturing. Does not include the primary products of a production process.

Solid waste disposal facility. Any facility, location, or installation used for incinerating, composting, chemical oxidizing, sanitary landfilling or other means of disposing, storing, or processing of solid wastes.

Special exception use. A use that would generally not be appropriate in the zoning district, which may be authorized if specific provisions and controls are applied, Special exception uses may be deemed appropriate to provide a complete distribution of uses within the city, but because of their operational characteristics or area requirements need to be given individual consideration with respect to their location, access and relationship to adjacent properties and public rights-of-way, and the use conforms with the city's goals, objectives and policies within the comprehensive plan.

Spot Zoning. A property or group of properties having specific zoning designations applied to them that differ from the zoning designations surrounding them.

Story. A habitable level within a building.

Street. A public thoroughfare which normally affords principal means of access to abutting property.

Street, collector. A street which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance street of a residential development and streets for circulation within such a development.

Street, marginal access. A minor street parallel to and adjacent to a traffic way, and which provides access to abutting property and protection from through traffic.

Street, minor. A street used primarily for access to abutting property.

Streetscape. The urban element that establishes the major part of the public realm. The streetscape is composed of roads (travel lanes for vehicles and bicycles, parking lanes for cars, urban greenways and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, setbacks, decorative fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.).

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. Means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable building which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes driveways, roads, walkways, paths, fences, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sewage treatment plants, sheds, docks, mooring area and other accessory construction.

Structurally sound. Free of imperfections which affect the intended use of the structure so as not to endanger the health, safety and welfare of the inhabitants or neighbors.

Subdivider. See "Developer".

Subdivision. The division of land into two (2) or more lots or parcels for purpose of transfer of ownership or development, or if a new street is involved, any division of a parcel of land.

Substantially redevelop or reconstruct. "Substantially redevelop or reconstruct" shall mean the cost of the proposed improvement, rebuilding, repair or reconstruction will be seventy-five (75) per cent of the value of the building(s) or structures(s) as determined by the Broward County Property Appraiser for that calendar year.

Supplied. Paid for, furnished or provided by or under control of the owner or operator.

Surface water management. The collection of devices, improvements or natural systems whereby surface waters are controlled, impounded or obstructed. The term includes dams, impoundments, reservoirs and appurtenant works as defined in Subsections 373.403 (1)—(4), Florida Statutes, as well as all artificial structures including, but not limited to, ditches, canals, conduits, channels, culverts, pipes and all other construction that conveys, impounds or controls surface water.

Swale. All unpaved portions of right-of-way located between the edge of pavement and the property line or an easement located on property adjacent to the right-of-way line.

Tattooing. Any method of placing permanent designs, letters, scrolls, figures or symbols upon or under the skin with ink or any other substance, by the aid of needles or any other instrument designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, including permanent and semi-permanent makeup such as microblading.

Tent. Any temporary, enclosure, free-standing or attached to a structure, the roof of which and/or one-half (½) or more of the sides, are of silk, cotton, canvas, fabric or a light material.

Townhouse. A single-family dwelling unit not exceeding three (3) stories in height constructed in a group of three (3) or more attached units with property lines separating such units in which each unit extends from foundation to roof and with a setback or public way on not less than two (2) sides.

Trafficway. A street other than minor or collector streets, which is intended primarily for through travel by all types of traffic for considerable distances, including freeways, expressways, primary arterial highways, major thoroughfares and secondary thoroughfares, or as identified on a trafficway plan.

Trailer. An open vehicular structure constructed for the storage or conveyance of boats, vehicles, swamp buggies, tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by other motive power. This definition shall include automobile trailers, trailer coaches and house trailers.

Transit station. A transit stop incorporated into a principal building which provides an air-conditioned seating area with electronic bus/LRT location information.

Transit stop. A designated location that allows a bus/LRT to stop and load or unload passengers.

Trash. All small discarded materials from around a premises which can be deposited in an approved trash receptacle for collection and can be burned or otherwise properly handled at an incinerator.

Urban greenway. A multipurpose path accommodating bicycle and pedestrian traffic along major arterial roadways providing for a minimum clear zone from obstructions, and meeting or exceeding minimum landscaping requirements.

Use. Any purpose for which buildings or other structures or land may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity or operation carried on or intended to be carried on in a building or other structure or on land.

Use of land. Includes use of water surface and land under water to the extent covered by zoning districts, and over which the City of Margate has jurisdiction.

Use, principal or main. The primary use of the lot as distinguished from secondary or accessory uses. There may be more than one (1) "principal or main use" on a lot.

USGBC. The United States Green Building Council.

Utilities. All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.

Vacant. Any building/structure that is not legally occupied.

Variance. The procedure where the strict application of the provision of the zoning regulations relating to area, duration, height, setback or setback requirements may be modified in a particular instance when certain criteria based on substantial competent evidence are met. Variances relating to use, are not included in this definition and are prohibited.

Vehicle. Any automobile, truck bus, boat or trailer, motorcycle, motor scooter or similar type vehicle, full track, half-track, recreational vehicle, swamp buggy or any apparatus self-propelled that is used for the transportation or any person or persons.

Vehicle dealership. An establishment primarily for the sale of new vehicles that include as incidental accessory uses, the sale of used vehicles, service and repair of vehicles, and sale of parts within a site area that includes:

1.

An enclosed showroom for merchandise;

2.

Outdoor display and storage of vehicle inventory;

3.

Service and repair facilities within a fully enclosed building; and

4.

Parts sales occurring within a fully enclosed building.

Vehicle fuel station. Any area of land, including structures or parts of structures thereon, that is used for the supply of gasoline or other fuels, including electricity, for motor vehicles at retail sale.

Vehicle sales agency. An establishment licensed to sell any of the following: New and/or used automobiles, commercial vehicles, truck, trailer, boats, motorcycles, and recreational vehicles. Automobile dealership, as defined in this section, may also be permitted under this use.

Vending machine. Any machine or container, manual or automated, and designed for the convenient storage and dispensing of merchandise for retail sale; including, but not limited to, soda vending machines, food vending machines, ice chests, video rental machines, and water dispensing/vending machines.

Vermin. All common harmful or objectionable animals or insects that are difficult to control.

Vertical mixed-use. Means a project that includes one (1) or more buildings of at least two (2) stories, with nonresidential uses occupying a minimum of fifteen (15) per cent of the ground floor, with such per centage calculated based upon the ratio of total gross ground floor area of all proposed buildings within the project. The nonresidential uses may consist of office or retail and service uses, or a combination thereof. Residential uses shall occupy the remainder of the space within vertical mixed-use buildings.

Walkway. A right-of-way intended primarily for pedestrians, excluding self-propelled vehicles, which cuts across a block to improve circulation and access to adjacent street, services or properties.

Walkway café. A portion of a restaurant or eating establishment that is unenclosed, which is located outside of and adjacent to the principal building on a private sidewalk, and which provides a sit-down area for food and/or beverage consumption.

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.

Wholesale. The selling of goods, products, or materials to retail, manufacturing, or repair establishments, usually in bulk quantities, and intended for resale, refinement, or use for repair.

Zoning certificate. A document issued by the enforcing official authorizing buildings, structures or uses consistent with the terms of the zoning ordinance and for the purpose of carrying out and enforcing its provisions.