See other articles (particularly VII, XI and XIV) for specialized definitions and section IV of the 1989 City Comprehensive Plan for additional definitions.

(1)

Action plan: A program of transportation improvements designed at a minimum to accommodate the net traffic impact of development to the extent that the regional road network lacks the available capacity to provide for the net traffic impact. The action plan shall provide substantiation in the form of engineering studies or other data acceptable to the county to demonstrate to the satisfaction of the county the anticipated effect of the proposed program of improvements and/or innovations; shall provide for a source of funding for the improvements and/or innovations; and shall provide for monitoring of the program to ensure implementation.

(2)

Accessory use or structure: A use or structure customarily incidental and subordinate to a principal use or structure and on the same premises, to be construed as meaning "on the same lot" or "same plot" or "on a contiguous lot in the same ownership." Where a building is attached to the principal building, it shall be considered a part of it and not an accessory building.

(3)

Alley: Any roadway, place or public way dedicated to public use and twenty (20) feet or less in width, unless otherwise officially designated as a street, which affords a secondary means of access to abutting property.

(4)

Alteration: Any change in size, shape, occupancy, character, or use of a building or structure.

(4a)

Balcony: A platform that projects from the wall or forms an alcove into the wall of a building above ground level that is enclosed by a parapet or railing but not by walls or windows on all sides and that has no air conditioning.

(4b)

Bay window: A window or series of windows projecting from the outer wall of a building and forming an alcove in a room. It may have its foundation in the ground or cantilevered from the outer wall. Such a space shall have a minimum of thirty-five (35) percent of each wall surface area composed of glass. No wall surface area shall be greater than six (6) feet in length.

(4c)

Bed and breakfast dwelling: A public lodging establishment in a converted single-family or multi-family dwelling which provides overnight accommodations on less than a weekly basis with incidental eating and drinking service for lodgers only from a single kitchen on the premises.

(5)

Board: The City of Oakland Park Planning and Zoning Board.

(6)

Boarding house: An establishment with a maximum of four (4) rental rooms, each only permitted to be occupied by one (1) person, where meals are regularly prepared and served for compensation, and where food is placed upon the table family style or otherwise, as contrasted to a system of ordering individual portions from a menu. Community residences and recovery communities are not boarding houses.

(7)

Building: Any principal or accessory structure, temporary or permanent, having a roof impervious to weather, including tents, awnings and cabanas, the use of which demands a permanent location on the land but not screened enclosures not having a roof impervious to weather, and used for the shelter or enclosure of persons, animals, or property of any kind.

(8)

Buildable area: The portion of a building site other than required yards.

(9)

Building line: The rear edge of any required front yard or setback line.

(10)

Building permit:

(a)

Any permit for the erection or construction of a new building required by section 104, Florida Building Code, Broward County Administrative Provisions, as amended.

(b)

Any permit for an addition to an existing building which would:

1.

Create one (1) or more dwelling units, or

2.

Involve a change in the occupancy of a building as described in section 3401.8, Florida Building Code, as amended.

(c)

Any permit which would be required for the nonresidential operations included in section 104.1, Florida Building Code, Broward County Administrative Provisions, as amended.

(11)

Building site: A lot or lots (or portion) used for a structure, the total area of which is identified with the building or structure for compliance with this chapter.

(11a)

Calls for service per room ratio: The number of police calls for service during a rolling twelve-month period and calculated on a monthly basis divided by the number of sleeping rooms in a hotel. For existing hotels, the calls for service per room ratio shall be calculated beginning one (1) year prior to the effective date of this section. Police calls for service include any calls to police dispatch, on-view police calls, or a call from third parties or anonymous sources.

(12)

Carport: An accessory structure (or portion of a principal structure) consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two (2) sides, designed or used for storage by the occupants of the principal building.

(12a)

Certificate of use means a document issued by the City of Oakland Park confirming that the proposed uses(s) are consistent with zoning and land development regulations and any other applicable codes and state laws.

(13)

Child care center: An establishment where ten (10) or more children (more than five (5) during school hours), other than members of the family occupying the premises, are cared for away from their own home by day or night. The term includes day nursery, kindergarten, day care agency, nursery school, or play school, but not foster home or family day care home.

(13a)

Church means and shall include all uses as defined under the term "house of worship."

(14)

City: Oakland Park, Florida.

(15)

Club, private: Associations or organizations of a fraternal or social character, not operated or maintained for profit, to which there is restricted public access. The term does not include nightclubs, bottle clubs, or other establishments operated for profit.

(16)

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

(17)

Comprehensive Plan: The 1989 Oakland Park Comprehensive Plan, as may be amended, which meets the requirements of F.S. §§ 163.3177 and 163.3178.

(18)

Community care facility: Adult congregate living facilities (that do not comport with the definition of "community residence"), nursing homes, convalescent homes and similar facilities. For purposes of calculating density, two (2) sleeping rooms shall equal one (1) dwelling unit. Community residences and recovery communities are not community care facilities.

(19)

Community residence: Except as required by state law, a community residence is a residential living arrangement for four (4) to ten (10) unrelated individuals (or more if conditional use approval is granted) with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by any staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents' disabilities. A community residence seeks to emulate a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family-like environment. Medical treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component.

A community residence occupied by four (4) to ten (10) unrelated individuals with disabilities can be either a "family community residence" or a "transitional community residence." Except as required by State law, a conditional use must be granted to house more than ten (10) unrelated people in a community residence.

A community residence shall be considered a residential use of property for purposes of all city codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor any shelter or halfway house, recovery community, rooming house, boarding house, transient occupancy, or other use as defined in this Code. Community residences include, but are not limited to, those residences that comport with this definition that are licensed by the Florida Agency for Persons with Disabilities, the Florida Department of Elderly Affairs, the Florida Agency for Health Care Administration, and the Florida Department of Children and Families, and functional family recovery residences certified by the state's designated credentialing entity established under Section 397.487 of the Florida Statutes.

To implement this Code, in accordance with section 24-71 of this chapter, an application that the City of Oakland Park designates shall be completed in full for each community residence and submitted to and approved by the Director of Engineering and Community Development or that person's designee prior to or in continuance of occupancy or construction of the proposed community residence to determine whether the proposed community residence is a permitted use or conditional use, to determine the maximum number of occupants allowed under city code provisions that apply to all residential uses, and to identify whether any further accommodation is needed in accord with section 24-71 of this Code. Regular inspections shall also be required.

(20)

Completely enclosed building: A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and exterior walls or party walls, pierced only by windows and doors.

(21)

Conditional use: A use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to a number, area, location, or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare. Such uses may be permitted in such zoning district or classification as a conditional use only if specific standards are met.

(22)

Construction, actual: The placing of construction materials in a permanent position and fastened in a permanent manner. Installation of drainage facilities are a part of actual construction. Actual construction shall not commence until a valid permit has been obtained.

(23)

County: Broward County, Florida.

(23a)

Crown of the road. The elevation of the highest surface of street pavement within the right-of-way abutting the property relative to the National Geodetic Vertical Datum or North America Vertical Datum (NAVD88) or as otherwise determined by the floodplain manager. This term is interchangeable with the terms "Road crown" and "Crown of the adjacent roadway." NAVD88 or the North American Vertical Datum means the vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

(24)

Cul-de-sac: A minor street intersecting another street at one (1) end and terminated at the other end by a vehicular turnaround.

(25)

Development:

(a)

The carrying out of any building activity or mining operation, the making of any material change in the use of appearance of any structure or land or the dividing of land into two (2) or more parcels.

(b)

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

1.

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

2.

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

3.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any "coastal construction" as defined in F.S. § 161.021.

4.

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

5.

Demolition of a structure.

6.

Clearing of land as an adjunct of construction.

7.

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

(c)

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

1.

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries or the right-of-way.

2.

Work by any utility and other persons engaged in the operation, construction, maintenance, repair, replacement of utility systems or facilities within established rights-of-way.

Utilities are defined as water, wastewater, storm water, gas, cable, power line, communication and data transmission conduits, tower poles or tunnels and transportation utility tracts. However, an engineering or right-of-way permit shall be required for such activities.

3.

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

4.

In the case of residential parcels, the use of structure for any purpose customarily incidental to enjoyment of the dwelling; an accessory use.

5.

The use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

6.

A change in use of land or structure if the new use is in a class which has the same or lesser parking ratio requirements.

7.

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

8.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.

(d)

"Development," as designated in an ordinance, rule or development rule includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).

(26)

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

(27)

Development permit: Includes any building permit required by the building code, zoning certificate, plat approval, site plan approval, including an amendment to the note on the face of a plat, rezoning, variance necessary for a building permit or other action having the effect of permitting development.

(27a)

Development review committee (DRC): Representatives from the police department, public works department, fire department and community development department that meet on a regular basis to review and comment on development permit applications and other matters concerning development in the City of Oakland Park.

(27b)

Disability: A physical or mental impairment that substantially limits one (1) or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted nor individuals who constitute a direct threat to the health and safety of others.

(28)

District: Indicates and includes the meaning "zone."

(29)

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

(30)

Drive-in restaurant: A restaurant where space is provided for automobiles to park and food is consumed in either the building or automobiles.

(31)

Dwelling, single-family: A building containing only one (1) dwelling unit.

(32)

Dwelling, two-family or duplex: A building containing two (2) dwelling units.

(33)

Dwelling, multifamily: A building containing three (3) or more dwelling units and not to include hotel or motel.

(34)

Dwelling unit: A room, or rooms connected together, constituting a separate, independent housekeeping establishment for one (1) family, physically separated from any other rooms or dwelling units in the same structure, containing sleeping and sanitary facilities, and with or without cooking facilities.

(35)

Erected: Built, constructed, reconstructed, moved, or any physical operation on the premises required for building, including drainage and the like.

(36)

Family: One (1) or more persons residing together in a dwelling unit as a housekeeping unit which shall not include more than three (3) individuals unrelated by blood, marriage, or adoption and shall not include any paying guests.

(36a)

Family community residence: A "community residence" that provides a relatively permanent living arrangement for four (4) to ten (10) people with disabilities which, in practice and under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in a family community residence on a long-term basis, typically a year or longer. Oxford House is an example of a family community residence.

(37)

Family day care home: A residence in which no more than five (5) unrelated children may be cared for during school hours and no more than ten (10) children during non-school hours.

(38)

Fence: A fabricated, vertical, physical barrier extending above grade level and anchored below it, but not constructed as a wall; not solid.

(39)

Flexibility zone: One (1) of the one hundred twenty-two (122) geographic areas of Broward County depicted on the Broward County Land Use Plan. One (1) of the three (3) geographic areas of the City of Oakland Park discussed in the Oakland Park Future Land Use Element.

(40)

Floor area: The square footage of the livable area within the exterior walls, excluding garages.

(40a)

Floor area ratio (FAR): The ratio of gross building floor area to the net lot area of the building site.

(41)

Gasoline service station: Structures or places where gasoline, oil, tires and limited automotive products are sold to the motor vehicle trade and where only minor repair work is performed.

(41a)

Green building features: Features that increase the sustainability of a building by reducing its energy efficiency and/or water efficiency, and/or by decreasing greenhouse gas emissions. Such features include, but are not limited to, green walls, green roofs, white roofs, electric vehicle charging stations, photovoltaic systems, solar water heating systems, and bicycle racks and storage.

(41b)

Green roof, also referred to as a living roof, shall mean a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional components such as a root barrier, drainage and irrigation system, and soil containment.

(41c)

Green wall, also referred to as a living wall or vertical garden, shall mean an internal or external wall partially or completely covered with vegetation that includes a support structure and growing medium, and an integrated water delivery system.

(42)

Gross density: The number of dwelling units constructed or proposed to be constructed within a parcel of land, divided by the gross acreage of the parcel of land. In determining the gross acreage of the parcel, the area encompassed by an extension of the parcel's boundaries to the centerline of adjacent public rights-of-way such as streets, roadways, alleys, canals and waterways (exclusive of expressways and the primary drainage system) can be added to the parcel area.

(43)

Reserved.

(43a)

Guest: A person that is registered with the hotel and occupies a hotel sleeping room or hotel suite.

(44)

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 required for a full width of the type involved.

(45)

Hazardous substances: Any substances or materials which, by reason of their toxic, caustic or corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or using or otherwise coming in contact with such material or substance.

(46)

Height: The vertical distance from grade to the highest finished roof surface of a flat, gable, hip or gambrel roof, or top of a sign. Grade shall be taken as the average level of the ground adjoining a building line, or the first floor level, whichever is lowest. Height shall exclude chimneys, safety railings, parapets, cupolas, stair or elevator shafts, and the like.

(47)

Hotel: A public lodging establishment licensed by the Florida Department of Business and Professional Regulation (or any successor agency) offering transient lodging accommodations to the general public and which consists of a minimum of twenty-five (25) sleeping rooms exclusively for transient occupancy. A hotel may provide restaurants, meeting rooms, entertainment and recreational facilities as permitted by the Land Development Code. When a hotel is listed as a permitted use, a hotel suite is also permitted.

(47a)

Hotel, extended stay: A lodging accommodation at which guests reside for no more than fourteen (14) consecutive or thirty (30) cumulative days in any two-month period.

(47b)

Hotel, problem: A hotel with a calls-for-service per room ratio greater than 1.0.

(47c)

Hotel sleeping room: A transient lodging accommodation without cooking facilities and without a refrigerator other than a mini-bar.

(47d)

Hotel suite: One (1) or more bedrooms connected to a common area which may be a kitchen.

(47e)

House of worship, also referred to as "places of worship, means a building or portion thereof used as a place wherein persons regularly assemble for the sole purpose of religious worship, including but not limited to sanctuaries, temples, mosques, chapels and cathedrals, and where permitted, such other onsite buildings supporting the principal use such as parsonages, friaries, convents, fellowship halls, non-academic religious schools such as Sunday schools. But not including day care centers, community recreation facilities and private primary and or secondary educational facilities.

(48)

Housing for the aged: A facility, in the nature of multiple family housing for elderly households with no provision for routine nursing or medical care.

(49)

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

(50)

Landscaping: An area covered by plant materials and mulch except that up to five (5) percent of the area may be covered by a pervious stone or paver pattern or a special feature such as a sculpture.

(51)

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

(52)

Loading space, off-street: Space for pickup or delivery, or loading or unloading, located on the building site.

(53)

Lot: A parcel of land fronting on a street and including the word "plot" which is or may be occupied by a building and its accessory buildings, including the open spaces required under this chapter, and which parcel of land is a matter of record in Broward County.

(54)

Lot, corner: A lot abutting on two (2) or more streets at their intersection.

(55)

Lot, depth: For the purposes of this chapter, lot depth is the distance measured in the mean direction of the side lines of the lot from the midpoint of the street lot line to the opposite main rear line of the lot.

(55a)

Lot, front: The lot line abutting the street or the lot line as established by plat. For lots with multiple street frontages, including corner or through lots, the front of the lot can be determined by the director of the community and economic development department to be the lot line abutting a street based on the block's established development pattern, based on existing or proposed building front entrance location(s) or based on the building lot's street address. For existing or proposed townhouses, shopping centers with more than one (1) street-facing commercial storefront space, semi-detached duplex dwelling units, or other similar configurations, the front of the lot can be determined to be the street-abutting lot line that is in front of the greatest number of front entrances to the building or its units. The yard bordering the lot's front is to be regulated as the front yard, and the yard on the opposite end of the lot shall be regulated as the rear yard.

(56)

Lot, interior: A lot other than a corner lot, with frontage on one (1) street only.

(57)

Lot lines: The lines bounding a lot as defined herein.

(58)

Lot, reversed frontage: A lot on which the frontage is at right angles or approximately right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.

(59)

Lot, through: An interior lot having frontage on two (2) streets. Through lots abutting on two (2) streets may be referred to as "double frontage" lots.

(60)

Lot, width: For the purposes of this chapter, the mean width measured at right angles to its depth.

(60a)

Low flow: faucets and showerheads which use twenty (20) percent less water, but not more than fifty (50) percent less, water than the water use base line established by LEED 2009 for New Construction and Major Renovations.

(61)

Mixed occupancy: The occupancy of a building or land for more than one (1) use.

(62)

Mobile home park: A parcel of land where spaces are offered for rent for use by mobile homes.

(63)

Mobile home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained herein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal manufactured home construction and safety standards. A mobile home in all zoning districts except the MH, Mobile Home District would only be permitted as a conditional use unless being used as emergency, temporary housing after a declared disaster that specifically damaged the dwelling it replaces.

(63.1)

Modular home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is six (6) body feet or more in width, and which is designed or would be modified to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing and electrical systems contained herein. Shipping containers or other similar transportable structures brought to a lot for conversion to use as a residential dwelling would also be defined as a modular home. In all zoning districts would only be permitted as a conditional use.

(64)

Motel or motor hotel: A building or group of two (2) or more buildings designed and/or used to provide sleeping accommodations for automobile-oriented transient or overnight guests with no common entrance or lobby. Each building shall contain a minimum of four (4) residential units or rooms which generally have direct private openings to a street, drive, court, patio, etc.

(65)

Motor home: A structure, built on and made an integral part of a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreation, camping, or travel use.

(66)

Nonconforming building: A building that does not comply with the dimensional regulations of the zoning district in which it is situated such as setback, height and coverage.

(67)

Nonconforming use: A use that does not conform with the list of permitted uses of the zoning district in which it is situated.

(67a)

Off-site improvements: Right-of-way improvements that include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm drainage sewers, street names, traffic signs, landscaping, permanent reference monuments, permanent control points, or any other improvement required by a governing body.

(67b)

Oxford House: A self-governed community residence for recovering substance abusers that has been issued a "Conditional Charter" or "Permanent Charter" by Oxford House World Services, or any successor organization providing oversight and recognized or sanctioned by the Congress of the United States of America, and where the use of alcohol or any illegal drug is prohibited; any resident who violates this prohibition is expelled from the dwelling; the residents pay the costs of the dwelling, including rent and utilities; and through a majority vote, the residents establish policies governing living in the Oxford House, including the manner in which applications for residence are approved. Upon termination, revocation, or suspension of its Charter, an Oxford House must be closed within sixty (60) days.

(68)

Parking space, off-street: An area at least nine (9) feet by eighteen (18) feet, adequate for parking a standard-size automobile with room for opening doors on both sides, maneuvering, and with properly related access to a public street or alley. A compact parking space measures at least eight (8) feet by sixteen (16) feet. Up to twenty-five (25) percent of the required parking in a building site is permitted to be compact parking.

(69)

Parking, backout: Parking facilities which are located directly abutting public rights-of-way and arranged so that the parked vehicle must exit directly onto a public right-of-way without first traversing a driveway or similar means of access.

(70)

Place of business: Any building, structure, yard, lot, premises, or part thereof, or any other place in which one (1) or more persons are engaged in any gainful occupation.

(71)

Plot coverage: The percentage of lot area covered by buildings.

(72)

Porch: A roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building with no enclosure other than columns or posts supporting the roof and the exterior walls of such attached building. Screening is not considered as forming an enclosure, and there shall not be air conditioning for a porch.

(72a)

Portable storage unit: Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

(72b)

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 existing building. In determining whether a building is a principal building, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.

(72c)

Psychic consulting: The professing to foretell future events or furnishing of any information not otherwise obtainable by ordinary means or knowledge. This includes the use of palm reading, psychic powers, tea leaves, crystals or crystal balls, horoscopes, tarot cards, seances, magnets or magnetized articles, necromancy, mind-reading, phrenology, telekinesis, automatic writing, psychometry or similar methods.

(72d)

Recovery community: Multiple dwelling units in multi-family housing that are not held out to the general public for rent or occupancy, that provides a drug-free and alcohol-free living arrangement for people in recovery from drug and/or alcohol addiction, which, taken together, do not emulate a single biological family and are under the auspices of a single entity or group of related entities. Recovery communities include land uses for which the operator is eligible to apply for certification or license from the State of Florida. When located in a multiple-family structure, a recovery community shall be treated as a multiple-family structure under building and fire codes applicable in Oakland Park. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor any shelter or halfway house, community residence, rooming house, boarding house, transient occupancy, or other use as defined in this Code.

To implement this Code, in accordance with section 24-71 of this chapter, an application that the City of Oakland Park designates, shall be completed in full for each community residence and submitted to and approved by the Director of Engineering and Community Development or that person's designee prior to or in continuance of occupancy or construction of the proposed community residence to determine whether the proposed recovery community is a permitted use or conditional use, to determine the maximum number of occupants allowed under city code provisions that apply to all residential uses, and to identify whether any further accommodation is needed in accord with section 24-71 of this Code. Regular inspections shall also be required.

(73)

Recreational vehicle: Any operable motor vehicle, swamp buggy, halftrack, airboat, watercraft, vessel, boat or trailer designed and used for general recreation purposes or temporary living quarters for recreational use, including but not limited to: off-road vehicles; camping trailers; travel trailers; truck campers; motor homes; watercraft; vessels; boats; and trailers designed or used for transporting other recreational vehicles, but excluding any trailer classified as a commercial vehicle. Also may include other types defined in subsection 24-64(A)(1)(a).

(74)

Recreational vehicle park: A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking and accommodation of six (6) or more recreational vehicles (as defined in F.S. § 320.01(1)(b)) or tents utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities.

(75)

Reserve units: Dwelling units held in reserve in each flexibility zone in accordance with the provisions of the Oakland Park Future Land Use Element which may be used in certain specific situations, at the discretion of the city commission to increase the density of a parcel of land over and above the density indicated on the Oakland Park Future Land Use Plan Map.

(76)

Residence: A building occupied or intended to be occupied by one (1) or more families living separately.

(77)

Restaurant: An establishment where food is ordered from a true menu, prepared, and served for pay at unsubsidized or for-profit rates, primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an interior court, including a cafeteria, but not a drive-in restaurant.

(78)

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

(78a)

Rooftop photovoltaic system: A zero-emissions energy-generating system that 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.

(79)

Rooming house: A building used or intended to be used as a place where sleeping accommodations are furnished or provided for pay to transient or permanent guests or tenants, in which not more than four (4) rental rooms, each only permitted to be occupied by one (1) person, are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building nor in any building in connection therewith. A rooming house is not a "community residence."

(80)

Setback: The minimum horizontal distance between a building and the boundary lines of the lot on which it is situated. See "Yard, side" for exception thereto.

(80a)

Stepback: a step like recession in the profile of a building where upper portions of a building are setback further from the lot line than the lower portions to allow sunlight to reach the ground and lower floors.

(81)

Shelter or halfway house: A licensed facility that may provide one or more of a range of services, including room and board (short term or long term) and counseling services for:

Those in need of emergency housing;

The homeless;

Battered men, women, and children.

Since these categories have differing potential impacts on adjacent uses, each application shall be reviewed from the standpoint of its impact.

A shelter or halfway house is not a "community residence."

Since these categories have differing potential impacts on adjacent uses, each application shall be reviewed from the standpoint of its impact.

(82)

Shopping center: A group of commercial establishments, planned, developed, owned, and managed as a unit, with common off-street parking meeting the requirements of section 24-80.

(83)

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

(83a)

Site: A piece, parcel, tract, or plot of land occupied or to be occupied by one (1) or more buildings or uses and their accessory buildings and accessory uses which is generally considered to be one (1) unified parcel.

(83b)

Silva cells: Modular pavement features that provide on-site stormwater management while supporting large tree growth.

(83c)

Solar panels: See 'rooftop photovoltaic system'.

(83d)

Solar water heater: A water heater, typically mounted on a roof, that is powered by photovoltaic panels that capture the sun's energy and use it to heat water.

(84)

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

(85)

Street, arterial: A street or highway used primarily for fast and heavy traffic traveling considerable distances.

(86)

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.

(87)

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

(88)

Street, minor: A street used primarily for access to abutting properties and not for through traffic.

(88a)

Street, private: A street affording principal means of access to abutting residential property and which is maintained by a home owners association or other legal entity other than the city, county or state and which is not dedicated to the public.

(89)

Structure: Anything constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land.

(90)

Townhouse or rowhouse: Three (3) or more single-family structures separated by party walls whether or not each is in separate ownership.

(90a)

Transient occupancy: Rental of any hotel sleeping room or hotel suite on a temporary basis, but not to exceed fourteen (14) consecutive or thirty (30) cumulative days in any two-month period, however hotel sleeping rooms shall not be rented for less than one (1) overnight stay. Transient occupancy does not include "community residences" or "recovery communities.

(90b)

Transitional community residence: A community residence that provides a temporary living arrangement for four (4) to ten (10) unrelated people with disabilities with a limit on length of tenancy less than a year that is measured in weeks or months as determined either in practice or by the rules, charter, or other governing document of the community residence. A community residence for people with addictions while undergoing detoxification is an example of a transitional community residence.

(91)

Travel trailer: A vehicular, portable structure built on a chassis, designed to be pulled by a standard passenger automobile and to be used as a temporary dwelling for recreation or travel purpose. The vehicle shall be equipped with tanks for storage of water and for holding of sewage, and shall have an interior lighting system operable from a source of power within the vehicle. Such vehicle shall not exceed eight (8) feet in width and thirty (30) feet in length.

(91a)

Tree: Any living, self-supporting, dicolyledonous or monocotyledonous woody perennial plant which has a DBH (diameter breast height) of no less than three (3) inches and which normally grows to an overall height of no less than ten (10) feet in Southeast Florida.

(91b)

Use approval: City commission approval requested for a restaurant bars, hotel or motel bars, and any additions to the building or parking for such bars. This approval may be permitted in accordance with section 24-41, Master Business List, subject to the approval of the city commission at an advertised public hearing. A restaurant bar, hotel or motel bar or others that may be added from time to time, as defined in section 3-1(j) of this Code, shall not exceed twenty-five (25) percent of the total customer service are of the premises.

(92)

Variance: A modification of these regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces and sign and floodplain issues. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification.

(93)

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

(93a)

Visitor: A person, other than employees of the hotel, that is not registered with the hotel.

(94)

Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward.

(95)

Yard, front: A yard extending across the full width of a lot and extending between the lot front's property line and the front wall line of any principal or accessory building, measured at its least dimension and extending from one (1) side yard to the other exclusive of steps and open terraces.

(96)

Yard, rear: A yard extending across the full width of a lot between the rear wall line of any principal building and the rear line of the lot and is the yard on the opposite side of the principal building from the front yard, measured at its least dimension.

(97)

Yard, side: A yard between a principal or accessory building and the side line of the lot and extending from the front yard to the rear yard, measured at its least dimension.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-1999-003, § 6, 4-7-99; Ord. No. O-2002-024, § 7, 9-18-02; Ord. No. O-2003-001, § 13, 2-19-03; Ord. No. O-2004-002, § 3, 1-21-04; Ord. No. O-2008-035, § 2, 11-19-08; Ord. No. O-2010-003(Revised), § 3, 2-3-10; Ord. No. O-2011-013, § 4, 6-15-11; Ord. No. O-2019-006, § 2, 2-6-19; Ord. No. O-2019-017, § 2, 6-19-19; Ord. No. O-2020-004, § 2, 2-19-20; Ord. No. O-2020-008, § 2, 6-17-20; Ord. No. O-2023-003, § 6, 7-19-23)