(a)

The B-1 neighborhood business district is intended primarily to meet the local neighborhood shopping and personal service needs of a limited surrounding residential area. Retail stores permitted in this district are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood.

(b)

The B-2 community business district is intended primarily to meet the shopping and limited service needs of several neighborhoods or a substantial territory. Retail stores are intended to include convenience items, fashion and durable good sales. B-2 districts may be located along traffic arteries or in concentrated shopping centers.

(c)

The B-3 general business district is intended to apply to arterial streets and trafficways where business establishments primarily not of a neighborhood or community service type may properly locate to serve large sections of the city and metropolitan area. Such businesses generally require considerable ground area, do not cater directly to pedestrians and need a conspicuous and accessible location convenient for motorists.

(d)

The B-4 professional office district is intended to provide areas within the city for the exclusive development of professional offices, office parks and financial centers.

(Ord. No. 83-2-497, art. 18, § 1, 2-24-83)

No building or structure, or any part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of those uses specified in the master business list, except that uses accessory to the primary permitted use shall be allowed.

(Ord. No. 83-2-497, art. 18, § 2, 2-24-83)

(a)

Except for automobile parking lots, drive-in banks and filling stations, all activities of permitted uses including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building, provided that drive-in type retail stores may conduct sales through open doors or windows.

(b)

No secondhand or used merchandise shall be offered for sale, displayed or stored including in conjunction with a self-service electronics trade-in kiosk except in an antique store or as incidental to the sale of new merchandise.

(c)

All products incidental to a permitted use shall be sold at retail on the premises.

(Ord. No. 83-2-497, art. 18, § 3, 2-24-83; Ord. No. 17-04-1351, § 2, 4-25-17)

The permitted uses shall not be construed to include any use first permitted in a less restrictive district.

(Ord. No. 83-2-497, art. 18, § 4, 2-24-83)

No building or structure shall be erected or altered to a height exceeding the following:

(1)

B-1 district. Two stories or 30 feet, whichever is less.

(2)

B-2 district. Four stories or 50 feet, whichever is less.

(3)

B-3 district. Ten stories or 100 feet, whichever is less.

(4)

B-4 district. Ten stories or 100 feet, whichever is less.

(Ord. No. 83-2-497, art. 18, § 5, 2-24-83)

No plot in a B-1, B-2, B-3 or B-4 district shall be less than 150 feet in width, nor less than 200 feet in depth; provided, however, where a parcel existed on February 24, 1983, which has less than the required width or depth, such lot may be developed as otherwise provided in this chapter.

(Ord. No. 83-2-497, art. 18, § 6, 2-24-83)

Every plot upon which a building or structure is erected in a B-1, B-2, B-3 or B-4 district shall have setbacks in accordance with the following:

(1)

Adjacent to any trafficway as depicted on the county trafficways plan, as amended from time to time, a yard of 50 feet in width shall be provided.

(2)

Adjacent to any street, excluding those trafficways as depicted on the county trafficways plan, as amended from time to time, a yard of 25 feet in width shall be provided.

(3)

A rear yard of 20 feet in width shall be provided when not abutting a trafficway, and such rear yard shall be increased five feet for each floor above the first floor of the building.

(4)

A side yard of ten feet in width shall be provided when not abutting a trafficway, and such yard shall be increased two feet for each floor above the first floor of the building when abutting a nonresidential district and five feet for each floor above the first floor when abutting a residential district.

(5)

When a yard setback is required in this section, such yard may be used only for walkways, parking of passenger cars, driveways and landscaping, except that parking of passenger cars shall not be permitted in rear yards of only 20 feet in width.

(Ord. No. 83-2-497, art. 18, § 7, 2-24-83)

The combined ground area occupied by all buildings and structures shall not exceed the following:

(Ord. No. 83-2-497, art. 18, § 8, 2-24-83)

Aside from those uses permitted on the master business list, certain retail and service uses may be permitted in a B-4 district that are accessory to the primary office use and consistent with the intent of this article.

(Ord. No. 83-2-497, art. 18, § 9, 2-24-83)

Where permitted by the governing body as a special exception use, the minimum floor area of each rental sleeping room shall be 200 square feet.

(Ord. No. 83-2-497, art. 18, § 10, 2-24-83)

(a)

Hotels, motels, rooming houses, boarding places and tourist places shall be collectively defined, for the purposes of this section, as:

(1)

The use of residential, commercial, business or industrial property in the city for the purposes of the furnishing of sleeping accommodations for hire, open to the public, and which may further provide meals, entertainment, and various personal services for the users of such accommodations.

(2)

The same may include a building or group of buildings or a room or group of rooms in which the same are either directly or indirectly accessible from an outdoor parking area or through one or more doors within the residential, commercial, business or industrial unit created or altered for the purposes of the accommodations referred to in this section.

(b)

It shall be unlawful for any person to own, operate, manage, control, create or open a hotel, motel, rooming house, boarding place or tourist home in the city in any residential zoning district or noncommercial or nonbusiness zoning district within the city.

(Ord. No. 83-2-497, art. 18, § 11, 2-24-83)

There is hereby created a master business list concerning permitted and prohibited uses in B-1, B-2, B-3 and B-4 districts:

(1)

It is the intent of this article to provide, in tabular form, a listing, referred to as the master business list, of the uses that shall be permitted or prohibited in the various business districts.

(2)

Where an "*" appears on the same line as a listed use, such use shall be permitted in the district as indicated by the column heading in which the "*" appears.

(3)

Where no "*" appears on the same line as a listed use, such use shall be prohibited in the district as indicated by the column heading, in the same manner.

(4)

Where a listed use is not permitted in any of the business districts, an "*" appears in the column headed "Prohibited."

(5)

Where an "*" is followed by a number, the listed use shall be subject to limitations and restrictions set forth in the corresponding supplemental regulations in section 106-467. For example *7 means that the applicable supplemental regulation can be found in section 106-467(7).

(6)

Any use not covered by the master business list may or may not be permitted by the city after recommendation by the planning and zoning board and the city administration within 30 days after application for approval.

(Ord. No. 83-2-497, art. 19, § 1, 2-24-83)

The following are the supplemental regulations to the master business list which are designated by number on the list:

(1)

Uses must be completely enclosed in a soundproof air-conditioned building.

(2)

The following regulations shall apply where a plot in a nonresidential district is utilized for a permitted residential use:

a.

Such residential use shall not exceed 50 percent of the gross floor area of any structure.

b.

Such residential use shall conform to the district regulations as specified below:

1.

B-1 district. Any residential use proposed in conjunction with any permitted use in the B-1 business district shall be subject to the special exception use process. Each proposal shall conform to the applicable standards of the RM-10 district.

2.

B-2, B-3, B-4 districts. Any residential use proposed in conjunction with any permitted use in the B-2, B-3, and B-4 business districts shall be subject to the special exception use process. Each proposal shall conform to the applicable standards of the RM-10 district.

c.

No residential use shall be located on the first floor or ground floor other than those uses specified below:

1.

Lobby or foyer serving a residential use.

2.

Accessory uses such as storage areas, garages, and other similar facilities.

d.

No building permit shall be issued for any uses involving residential uses until such time as the governing body determines that the residential use is consistent with the city land use plan and the allocation of the necessary reserve units has been approved by the governing body.

(3)

Dry cleaning establishments for direct service to customers, subject to the following limitations and requirements:

a.

Not more than two cleaning units shall be used in any establishments, neither of which shall have a rated capacity in excess of 40 pounds.

b.

The entire cleaning and drying process shall be carried on within completely enclosed solvent-reclaiming units.

c.

All solvents used in the cleaning process and vapors therefrom shall be nonexplosive and nonflammable.

(4)

Sales from the shop only; deliveries.

(5)

Sales are restricted to retail, and such items as insecticides, manure and fertilizer must be packaged to be easily handled and free from unreasonable objectionable odors.

(6)

Subject to site plan approval and approval by governing body concerning agreements as to removal of excess fill, and improvements should such attraction cease its operation.

(7)

Special exception uses under this section shall comply with the requirements of article IV of this chapter.

(8)

Service stations (with fuel dispensing), gasoline and oil filling stations with or without a service area and food take out (convenience stores) subject to the following limitations and requirements:

a.

A plot to be occupied by a service station shall be not less than 200 feet in width and 200 feet in depth.

Intensity standards. Development shall be in accordance with the following standards:

*Additional 1,000 square feet allowed for restaurant and/or seating area; including outdoor seating.

b.

Service stations must be located on a corner lot to facilitate ingress and egress onto at least two trafficways.

c.

No more than two service stations may be located per intersection and they must be located on opposite sides of the street to provide access to traffic traveling in both directions.

d.

Service stations will be encouraged to place the canopy and fuel pumps on the side of the building to position the facade as the focal point, especially along the city's major corridors including Rock Island Road, McNab Road, Southgate Boulevard, Commercial Boulevard, State Road 7, Bailey Road, North Lauderdale Avenue (81 ^st Avenue) and Prospect Road.

e.

The total capacity of tanks and storage facilities for flammable liquids incidental to the operation of a service station shall not exceed 100,000 gallons and must meet all requirements of Broward County Local Amendments 2010 FFPC Section F-116.

f.

Owners/occupants of service stations within the city shall not engage in engine overhauls requiring the removal of engines from the frame of motor vehicles and/or the use of blocks on the exterior portion of the service station property for a period in excess of 24 hours.

g.

Owners/occupants of service stations shall not engage in body and fender work requiring the use of acetylene torches or similar equipment within the city; however, acetylene torches or similar equipment may be used in the normal course of business operations and solely as an incident to automotive servicing.

h.

Hours of operation. Where the use is located 500 feet and directly abutting or closer to a residential property (property line to property line), the hours of operation shall be limited to 7:00 am to 11:00 pm.

i.

Parcel access from the right-of-way. The following provisions are intended to minimize potential traffic access and circulation conflicts and to facilitate the efficient coordination of traffic flows between the fuel service use, adjacent roads, and adjacent/nearby developments. All access drives must comply with the driveway separation standards of this Code.

(1)

Facility located on shopping center outparcel.

1.

Service stations that are located on outparcels of a shopping center will first look to utilize the main shopping center drive as their access point.

2.

Shared access drive with adjacent outparcel will be the second alternative. Where the site is adjacent to more than one other outparcel which has its own access point, they must share that access point instead of creating their own access off the main traffic way. These shared internal access drives between the outparcel and other outparcels are encouraged.

(2)

Other locations. A maximum of one full access drive (all turning movements) is permitted. Corner properties shall provide a second access drive whenever feasible, provided it is limited to right turns only and is located on the street not containing the full access drive.

j.

Gasoline vent stacks. Vent stacks are to be placed either in the rear half of the property, on the side of the property or away from the street and enclosed within a decorative structure, landscaping or painted an inconspicuous color .

k.

No more than two automotive maintenance stations are permitted, limited to the following items: air hose, water hose, vacuum. These stations shall be physically separated from other uses on the site and a minimum of one parking space provided for each station in addition to that required for the other uses.

l.

Service stations are encouraged to provide a minimum of one charging station for electric vehicles.

m.

Automobile detailing operators as an accessory use.

1.

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

i.

Accessory use means a use naturally and customarily incidental to, subordinate to, and subservient to the main use of the premises.

ii.

Automated car wash means mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets, as an accessory use to an automobile service station.

iii.

Automobile detailing means services such as applying paint protectors and interior and exterior cleaning and polishing. However, engine degreasing, exterior washing or similar automobile cleaning services shall not be included under this definition.

iv.

Service station means any building or land used for retail sale and dispensing of automobile fuels or oils, and which may furnish supplies, equipment and minor repair services, including used tires, to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

2.

Activities limited to certain areas.

i.

Automobile detailers shall only be allowed to operate in conjunction with a service station that includes an automated car wash.

ii.

Automobile detailer operators shall operate no more than ten feet from the service station holding the permit authorizing the automobile detailer to operate.

iii.

Detailing services must not entail the washing of vehicles to remove road debris or oil or involve the use of solvents. All washing and rinsing must be done within the confines of the automated car wash that has been constructed according to plans reviewed and approved by all city, county and state agencies including adhering to all applicable environmental regulations and controls.

iv.

Automobile detailing services shall be located in the rear of the permanent business and shall not visible from the public right-of-way and/or major thoroughfares to the greatest extent feasible or deter from the aesthetics of the area.

v.

Automobile detailers shall operate only at designated locations as determined by the community development director upon review of a site plan.

vi.

All equipment and supplies must be stored inside or removed from the premises when not in use. No outdoor storage is permitted.

vii.

Any signage for the automobile detailer operator must be incorporated into the approved signage for the service station. No additional or separate signage will be permitted.

3.

Hours of operation. Hours of operation are contingent on the following three requirements:

i.

The automobile detailing service shall be conducted during daylight hours only;

ii.

Automobile detailing services shall not be conducted earlier than 7:00 a.m.; and

iii.

Automobile detailing services shall only be conducted when the service station is operating.

4.

Permit and application requirements.

i.

All automobile detailing services must be affiliated with a legally operating service station located within the city that operates an automated car wash at the time of application for the accessory use and a local business tax receipt for the accessory use must be obtained.

ii.

Operators of automobile detailing services must apply for and receive an accessory use permit from the city's community development department.

iii.

Only one automobile detailing service shall be permitted per service station location.

iv.

Applicants for accessory use permits required by this section shall file an application in writing with the community development director, or his or her designee. Applications for automobile detailer operators shall include the following:

A.

Name of the owner of the service station and the name of the automobile detailing service, if different;

B.

Address of the applicant;

C.

A brief description of the nature of the automobile detailing service.

v.

The owner of a service station with an automated car wash must submit the application for the automobile detailing service, and the service station operator must submit in writing its acceptance of liability and responsibility for the automobile detailing service and its operation.

vi.

An accessory use permit fee (local business tax receipt) plus OU inspection fee per discipline as determined necessary shall be filed along with each application for an accessory permit. This fee may be subject to change in accordance with the city's permit fee schedule.

vii.

Such permits shall be conspicuously displayed by the operator and shall contain the signature and seal of the issuing officer. All permits shall show the name, address and emergency contact information of the permitee.

viii.

The city commission may, by resolution, limit the number of permits that the city will issue to automobile detail operators.

(9)

Restaurants serving alcoholic beverages shall be permitted as a special exception use, subject to the requirements of article IV of this chapter. For purposes of this section, the term "restaurants serving alcoholic beverages" means those restaurants serving alcoholic beverages in addition to beer and/or wine.

(10)

Bingo as an activity may be permitted as a special exception use in B-2 and B-3 districts, provided the following is met and maintained in regards to the operation:

a.

That bingo is conducted as an adjunct and supplemental activity to a place of worship, civic, social or fraternal meeting facility or assembly hall.

b.

The playing of bingo games shall be operated in accordance with the applicable provisions of F.S. § 849.093.

c.

The playing of bingo as contemplated herein shall cease by 12:00 midnight, Monday through Sunday unless otherwise extended by the city council upon written application, which not extent beyond 2:00 a.m. on such days. The city council may waive the time frames set forth herein and extend the hours of operation through and including 2:00 a.m. on Monday through Sunday, upon good cause shown and in the discretion of the city council during a public hearing based upon all factors contained in this section and section 106-159 (Standard Guidelines and Review Criteria) of the Code of Ordinances.

d.

All bingo games shall be permitted as defined in this Code by eligible nonprofit organizations, consistent with this Code and F.S. § 849.093.

e.

Jurisdiction shall be vested in the governing body for the review of violations of any special exception use permit granted pursuant to this section and not the city code enforcement board.

f.

Consideration shall be given by the governing body to the following in special exception use applications:

1.

Location and sufficiency of parking;

2.

Proximity of residential areas, traffic access; and

3.

Other planning, zoning and building items of possible conflict.

g.

The provisions of this section shall not be applicable to condominium associations, religious institutions, trailer park associations and veterans associations operating bingo as an adjunct use in accordance with applicable state law.

(11)

Restaurants may provide outdoor dining provided the following is maintained:

a.

That access to the outdoor dining area is provided for only after entering the main dining area of the restaurant.

b.

That if the restaurant provides walk up counter service the access through the restaurant is not required.

c.

That the outdoor dining area is delineated by the use of fencing, walls, or some means of a barrier.

d.

That if the outdoor dining area is constructed with a solid roof then the area shall be respective of the setback requirements for the district.

e.

Outside play areas when built in conjunction with restaurants shall not be subject to the setback requirements provided no solid roofing is built over the play area.

(12)

Confectionery shops, ice cream parlors, and the like may also provide outdoor dining facilities but shall be limited to no more than four tables or 16 seats.

(13)

Veterinary/animal clinics shall be permitted within B-2 and B-3 zoning districts subject to administrative approval as otherwise required by this chapter. To the extent that an applicant's request for such use is denied by the city, then each applicant shall be entitled to file a formal application for a special exception use permit and to foster such request before the governing body and any subordinate advisory bodies and shall provide each applicant with an opportunity to be heard in accordance with the special exception use permit provisions as otherwise found within this chapter. The city administration shall consider the following as conditions precedent to approving veterinary/animal clinics in a B-2 or B-3 zoning district:

a.

The veterinary/animal clinic use shall be allowed in B-2 and B-3 zoning districts provided that all animals shall be treated and maintained inside a completely enclosed soundproof, air conditioned building, or bay, with solid walls and a roof.

b.

No overnight boarding shall be permitted for any animal contained therein except for medical treatment specifically associated with the medical care and/or treatment being provided by the veterinary/animal clinic.

c.

All facilities seeking authorization to locate within a B-2 or B-3 district shall be owned, operated, and maintained by a licensed and qualified doctor of veterinary medicine whose principal profession and associated business shall be the ownership and operation of a veterinary/animal clinic and that pertinent retail sales of medical supplies, and related goods and supplies shall also be permitted within the aforesaid zoning categories.

(14)

Reserved.

(15)

Auto repair and auto body/paint shops, and auto service station (no fuel dispensing) are permitted in B-2 and B-3 zoning districts subject to the following conditions:

a.

Conformance to and all county, city, department of natural resource and protection, and fire safety, and Florida Building Codes.

b.

No outside storage of vehicles shall be allowed.

c.

All auto repair and body/paint work shall be conducted in a completely enclosed soundproof, properly ventilated building.

d.

Owners/occupants of service stations within the city shall not engage in engine overhauls requiring the removal of engines from the frame of motor vehicles and/or the use of blocks on the exterior portion of the service station property for a period in excess of 24 hours.

e.

Owners/occupants of service stations shall not engage in body and fender work requiring the use of acetylene torches or similar equipment within the city; however, acetylene torches or similar equipment may be used in the normal course of business operations and solely as an incident to automotive servicing.

f.

Conformity to and with all environmental/safety regulations regarding this type of business.

(16)

Day nurseries are permitted in B-2 and B-3 zoning districts subject to the following conditions:

a.

Conformity to and with standards of all regulatory agencies overseeing day care operations.

b.

A six-foot high fence shall be constructed around the entire outside play area.

c.

Site must maintain safe pedestrian and vehicular traffic flow conditions.

(17)

If a business license is denied for any reason other than applicable regulations 1-16 in section 106-467, the applicant can apply for a special exception use permit.

(18)

Outside storage of plants and related materials, excluding screened in areas, shall be permitted subject to the following conditions:

a.

Applicants for the storage of plants and related materials, including but not limited to plants, plant materials, mulch, fertilizer and associated lawn care products used in connection with lawn and landscaping maintenance shall be permitted outside the screened areas. Persons shall submit a site plan depicting the exact location of the storage area, which shall be initially reviewed and approved by the city's commission development department and the city council.

The total area allocated for outdoor storage of plants, and materials (excluding the screened areas) may not exceed one percent of the total size of the facility or 1,000 square feet of outdoor storage, whichever is less. Any business may utilize a minimum of 100 square feet of outdoor storage of plants if one percent of the total facility is equivalent to a less than 100 square feet;

b.

It is the express intent of the city council that sidewalks and ingress egress ramps shall not be blocked at any time to impede access by individuals, including those in wheelchairs and with baby strollers and related appurtenances. At least four feet of the sidewalk shall remain clear of any merchandise of any kind pursuant to this subsection;

c.

Plants and related materials shall not be stored in required parking spaces or in fire lanes, at any time;

d.

Outdoor storage shall be restricted to plants, plant materials, mulch fertilizer and associated lawn care products used in connection with lawn and landscaping maintenance only. No garden tools or equipment shall be stored in this area; and

e.

In case of a hurricane watch or other impending natural disaster, all outdoor plants and related materials stored outside the screened area shall be removed within 12 hours of the on-set of a hurricane warning or related pending natural disaster.

f.

All requests for storage contemplated by this subsection shall be in the form of an application, the form of which to be created by the community development department;

g.

All outside storage areas shall be well-maintained at all times consistent with the city's land development regulations otherwise set forth in the Code of Ordinances and further consistent with the approved site plan described in this article.

(19)

In commercial zoning districts the cumulative square footage of non-business uses indicated in the master business list as subject to this special regulation shall be limited to 20 percent of the total building gross floor area, No more than a total of two such non-business uses (CF) may be located within one shopping center regardless of the amount of total building gross floor area occupied.

a.

Properties which exceeded the 20 percent maximum in February 2003 and were grandfathered in, must amortize out non-business uses that exceed the 20 percent maximum, exempting the portion of the property that is both owned and operated by a non-business entity. These properties are now given a maximum of ten years from the effective date of this section to come into compliance.

b.

As spaces that are currently occupied by non-business uses and which exceed the 20 percent maximum become vacant, only business uses may occupy the space, as listed in the master business license for that particular zoning district unless occupied by the real property owner.

c.

Compliance by October 2018 shall be by either occupying the space as an owner/operator of a non-business use, or by a combination of owner/occupant and tenant of cumulative square footage of noncommercial uses not exceeding 20 percent of the total building gross floor area.

d.

Properties which exceeded the maximum number of two non-business uses (CF). regardless of the amount of total building gross floor area occupied in January 2016, must amortize out non-business uses (CF) that exceed the maximum of two non-business (CF) uses per property. As spaces that are currently occupied by non-business uses (CF) and which exceed the maximum of two become vacant, only business uses may occupy the space, as listed in the master business license for that particular zoning district unless occupied by the real property owner.

(20)

Overnight boarding of animals. Overnight boarding of animals in animal grooming stores and pet stores, and pet sitting in animal grooming stores and pet stores shall be permitted in B-2 and B-3 zoning districts as an accessory special exception use, subject to approval by the city commission, subject to the following conditions:

a.

The applicant shall furnish to the community development department with a list of the kinds of animals to be maintained, handled or exhibited at the location, and the estimated maximum number of animals to be kept at the location at any one time. The department must be notified immediately, in writing, if other kinds of animals are acquired or the maximum number of animals to be kept, handled or exhibited increased.

b.

Pet-sitting shall be permitted for a maximum of a 30-day period for any one animal. Additional time may be granted upon submittal of a written request to the city. Following the receipt of a written request for additional time for the pet sitting of an animal, the city shall insure compliance with the provisions of this sub-subsection and respond, in writing, within a reasonable time.

c.

All animals must be supplied with sufficient, good, and wholesome food and water as often as the feeding habits of such animals require.

d.

All animals and animal quarters shall be kept in a clean and sanitary condition and there shall be no exterior cages.

e.

The boarding facilities shall contain an air-handling system for disinfection and odor control.

f.

Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal storage areas shall be so provided and operated as to minimize vermin infestation, odors and disease hazards. In conjunction with these provisions, the city will require evidence of a solid waste disposal agreement and compliance with any applicable federal, state, county, city, or other applicable law or regulation regarding animal waste handling and disposal. In addition, following review of the application for the accessory, special exception use, the city may impose additional requirements in order to address any health and safety issues related to the keeping of animals at the business.

g.

All employees, keepers or owners shall make provisions to feed, water and do the necessary cleaning of animals on days the store or establishment is closed. Animals shall not be without attention over 18 consecutive hours.

h.

The licensee shall use every reasonable precaution to ensure that animals are not tested, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means.

i.

Animals must be maintained in quarters so constructed as to prevent their escape. The licensee assumes full responsibility for recapturing any animal that escapes from his or her premises. The licensee shall take all reasonable precautions to protect the public from the animals and the animals from the public.

j.

For pet sitting uses, animals shall be walked and/or exercised on a regular basis. The applicant shall provide written assurance to the city that the animals under the applicant's care will defecate and urinate at the location at which the use is approved, and insure that the animal waste is cleaned up and disposed of properly.

k.

Sick or diseased animals shall be isolated from healthy animals at all times and so segregated that the illness or disease shall not be transmitted to another animal.

l.

Sick or injured animals shall not be kept on the premises, sold, or offered for sale from the premises. The licensee shall be responsible to have all sick animals treated by a licensed veterinarian within a reasonable time after the animal becomes sick or diseased.

m.

The licensee shall maintain a register of the names and addresses of people from whom animals are received and to whom the animals are returned or sold. Said register shall be retained for a period of one year from the date of receipt of sale of the animal.

n.

Every person maintaining an overnight animal boarding establishment shall post a notice, framed and enclosed under glass, containing the names, addresses and telephone numbers of persons to be notified during any hour of the day or night who will proceed immediately to the location so as to permit entry to all areas of the premises by the code enforcement division or sheriff's department. The sign shall be posted on the premises near the entrance, in such a position as to be legible at all times from the sidewalk or ground level adjacent to the building. This notice shall be updated immediately if there is any change in address, phone numbers, ownership or management of the business.

o.

Animals which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause animals fear or to be abused, tormented or annoyed.

p.

Dogs and cats under the age of eight weeks and animals which are unweaned or so young or weak that their sale would be injurious to them shall not be sold, offered for sale or given away.

q.

The licensee shall notify owner of boarded animal when the animal refuses to eat or drink causing it to lose flesh or when the animal is injured or becomes weak or ill.

(21)

Permitted as a secondary use only. Additional regulations for amusements/recreation enterprises (indoors) are found in chapter 6.

(22)

Education, primary and secondary, charter, and private schools,.

a.

Application filing requirements. In addition to the filing requirements for special exception use applications, the following additional information shall be provided for any proposed charter or private primary and secondary school.

1.

Timing. In order to allow sufficient time to secure required development order, building permit, and local business tax receipt, a special exception use application and fee must be filed with the Community Development Department at least nine months before the start of the school year. This time requirement is not waivable.

2.

Charter/accreditation. If a charter school, a copy of the School Board approved charter application and the charter agreement between the sponsor and the applicant shall be filed along with the application. If a private school, either a copy of approval from the applicable accrediting agency or a letter of acknowledgement that an application for accreditation has been filed,

3.

Organizational structure. An organizational chart and explanation showing the hierarchical arrangement of lines of authority, communications, right and duties of the school organization,

4.

Affidavit. A list of the governing board members/board of directors, officers, administrators and all individuals with a financial interest in the school that will interact with students, along

5.

Financial responsibility. Evidence of financial responsibility.

6.

Prior history. Evidence of any prior history of financial interest, ownership, management, or operation of a charter or private school, including its financial and educational success or failure.

7.

Prior jobs. Evidence of past job and education experience showing that the governing board/board of directors, officers, administrators, its employees and any consultants (e.g. internal auditor, management company) are qualified to operate the school.

8.

Use. Evidence of legal use of the property in question by applicant through a deed, contract or option to purchase or lease.

9.

Emergency management plan. A conceptual site plan showing where the students would congregate in the event of an emergency. In addition, if a disaster should render the building uninhabitable, a plan showing how students would be accommodated elsewhere until the building is repaired and made habitable.

10.

Ingress/Egress. A conceptual site plan showing the ingress and egress of pedestrians and all vehicles from the school site, and safety features necessary to protect the students on and within 1,000 lineal feet of the school site boundaries and a narrative explaining how student safety and off-premises private property rights will be assured at least 30 minutes before and at least 45 minutes after the school hours of operation.

11.

Other. Any other documentation or requirements that the community development department, fire department or building official or other city official deems relevant to the operation of such use or safety of the students or both.

b.

Site plan requirements. A certificate of use shall not be issued until a site plan or site plan modification is approved consistent with these Land Development Regulations and consistent with the State Requirements for Educational Facilities (SREF) 2014 for latest edition), as stated in the Florida Administrative Code. In addition, if the application is for a charter school, a copy of the site plan or site plan modification shall be provided to the School Board of Broward County, Florida staff for conformance with the applicable SREF.

c.

Off-site improvements. If through the site plan or site plan modification process the city engineer, Broward County or state transportation related agencies deem that off-site improvements are required, such as traffic signalization, signage, pedestrian and bicycle improvements, transit amenities, school crossings and zones, and turning lanes, such improvements and amenities must be constructed and approved before a certificate of use can be issued. At a minimum, the following factors shall be considered in determining the extent of the off-site improvements:

1.

Whether the roadways provide adequate access and areas for safe bicycling and walking to the site; and

2.

Whether median cuts, left and right turning lanes and storage lanes are available to facilitate access of buses, teachers, parents, students, and services: and

3.

Whether school zone flasher installations are available in order to facilitate safe pedestrian access to the site: and

4.

Whether the school site is connected to existing or planned residential developments by sidewalks, walkways, and crosswalks in order to facilitate safe pedestrian movement.

d.

Physical environment requirements.

1.

Safe Routes to School

(a)

Drop-off/pick-up area. A student drop-off and pick-up area shall be depicted on the site plan, which shall be consistent with the "Safe Routes to School Guide, Student Drop-off and Pick-up", which was developed by the Pedestrian and Bicycle Information Center.

(b)

School crossing guards. Charter and private schools are required to and shall provide at their own expense school crossing guards required for the school that have been trained by certified instructors.

(c)

Plan for Vehicle Queuing. A plan must be submitted clearly indicating the ingress and egress of vehicles to the site for drop off and pick up of students. The plan must insure that vehicle queuing will not block emergency vehicles, nor adversely affect neighboring properties, adjacent roadways or driveways.

2.

Recreational facilities

(a)

If the school proposes to use city facilities or parks to provide outdoor and recreational space, an agreement must be negotiated and entered into outlining the duties and responsibilities, location, times and maintenance. The city is under no obligation to enter into any such agreement.

(b)

An annual impact fee for the use of the municipal facilities will be charged to the school in amount commensurate with the level of use of the facilities as determined by the municipality and payment will be made according to the MOU.

(23)

Self-service electronics trade-in kiosks. Self-service electronic trade-in kiosks shall be permitted in B-2 and B-3 zoning districts as an accessory special exception use, subject to approval by the city commission, subject to the following conditions:

a.

General standards. The standards and guidelines to be applied by the administration, the planning and zoning board and by the governing body in considering applications for a self-service electronics exchange machine are as follow:

1.

Permitting of kiosk is limited to one (1) per site and applicant must provide floor plan showing placement and size specifications of the trading kiosk to be installed.

2.

The Florida State statute requirements (F.S. Ch. 538 Secondhand Dealers) pertaining to such use must be met prior to community development approval.

3.

Use of kiosk is to be restricted to operation only during approved store hours.

4.

If owned by a separate entity, owner of principal use must provide written approval of kiosk placement within the business.

5.

Placement of kiosk must not interfere with pedestrian traffic or ingress/egress points on site.

6.

Placement of signage relating to kiosk outside of the building is prohibited.

(Ord. No. 83-2-497, art. 19, § 2, 2-24-83; Ord. No. 91-11-800, § 3(Exh. A), 11-14-91; Ord. No. 92-4-816, § 2, 4-30-92; Ord. No. 92-11-832, §§ 3, 4, 11-12-92; Ord. No. 97-5-926, § 3, 5-27-97; Ord. No. 97-7-932, § 2, 7-8-97; Ord. No. 00-10-1003, § 1, 10-30-00; Ord. No. 01-1-1014, § 3, 1-8-01; Ord. No. 01-1-1019, § 3, 1-29-01; Ord. No. 03-07-1089, § 7, 7-22-03; Ord. No. 04-02-1113, § 2, 2-24-04; Ord. No. 05-09-1136, § 3, 9-12-05; Ord. No. 07-02-1181, § 3, 2-13-07; Ord. No. 07-06-1191, § 4, 5-29-07; Ord. No. 08-10-1214, § 2, 10-28-08; Ord. No. 16-01-1323, § 3, 1-12-16; Ord. No. 17-04-1351, § 2(Exh. A), 4-25-17; Ord. No. 17-05-1354, § 2, 5-30-17; Ord. No. 20-04-1399, (Exh. A), 4-28-20)

The master business list is as follows:

(Ord. No. 83-2-497, art. 19, § 2, 2-24-83; Ord. No. 91-8-791, § 1, 8-29-91; Ord. No. 91-11-800, § 3(Exh. A), 11-14-91; Ord. No. 92-11-832, §§ 3, 4, 11-12-92; Ord. No. 95-6-888, § 2, 6-27-95; Ord. No. 97-5-926, § 2, 5-27-97; Ord. No. 01-1-1014, § 2, 1-8-01; Ord. No. 01-1-1019, § 2, 1-29-01; Ord. No. 03-07-1089, § 8, 7-22-03; Ord. No. 04-02-1113, § 3, 2-24-04; Ord. No. 07-02-1181, § 4, 2-13-07; Ord. No. 07-04-1185, § 4, 4-10-07; Ord. No. 12-03-1265, § 5, 3-28-12; Ord. No. 16-01-1323, § 4, 1-12-16; Ord. No. 17-04-1351, § 2(Exh. A), 4-25-17; Ord. No. 17-05-1354, § 2, 5-30-17; Ord. No. 20-04-1399, (Exh. A), 4-28-20)

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