(A)

Minimum standards for new hotels.

(1)

No window air conditioning shall be permitted. Through the wall air conditioning units must be flush with the wall of the building and must be completely screened with architectural features so they are not visible from the outside. No unit shall emit condensation onto the exterior wall of the building.

(2)

An office or lobby containing a registration desk shall be located in an area where the path between entrances/exits, guest room corridors and public elevators is visible to staff working at the registration desk or by camera.

(3)

All entrances/exits shall be visible to staff working at the registration desk and continuously monitored and recorded by camera. Recordings shall be catalogued and maintained on premises for a minimum period of sixty (60) days.

(4)

The registration desk shall be staffed twenty four (24) hours per day by at least one (1) hotel employee on site and continuously monitored by camera by a person on site twenty four (24) hours per day.

(5)

Sleeping rooms shall not be less than two hundred fifty (250) square feet in area not including closets, bathrooms or balconies.

(6)

Elevator service shall be provided to all floors above grade.

(7)

Cooking facilities, including stoves, microwave ovens or refrigerators other than mini bars, shall only be permitted in suites with a floor plan approved by the planning and zoning division of the city's engineering and community development department. Microwave ovens are permitted in studios. The maximum size refrigerator shall be four and one-half (4.5) cubic feet.

(8)

High speed internet connectivity shall be provided in the hotel lobby and in at least one (1) other public area of the hotel.

(9)

A swimming pool with a minimum area of one thousand two hundred fifty (1,250) square feet shall be provided.

(10)

A full service restaurant serving breakfast, lunch and dinner seven (7) days a week shall be provided.

(11)

Sexual offenders or predators are prohibited from occupying a hotel sleeping room or suite in a hotel within two thousand two hundred fifty (2,250) feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.

(12)

No hotel staff shall reside on the hotel premises.

(B)

Design standards for new hotels.

(1)

The hotel shall be designed so that interior corridors or hallways lead to and from guest or sleeping rooms. No "catwalk" exterior hallways to guest or sleeping rooms shall be permitted.

(2)

Architectural features.

(a)

Architectural design, arrangement and proportioning of windows, doors and other openings in the building wall is required.

(b)

Architectural elements such as balconies, cornices, awnings, porte-cochere, and architectural embellishments shall be included on any façade visible from a public street.

(3)

Form and mass.

(a)

Incorporate building mass changes including projection and recession on any façade facing a public street.

(b)

Provide multiple angles of roof lines.

(4)

Parking garages shall be designed in a manner that substantially screens parked vehicles from view of abutting streets.

(5)

Loading and service facilities shall be screened from view of abutting streets.

(6)

All rooftop mechanical equipment, stair and elevator towers shall be designed as integral to the building, screened or camouflaged so as not to be visible from abutting streets.

(C)

Additional standards for conference hotels. For the purposes of this subsection only, when a conflict occurs between this subsection and subsections (A) and (B) above, subsection (C) shall apply.

(1)

Definitions:

(a)

A conference hotel shall mean a lodging accommodation consisting of a combination of one hundred fifty (150) or more sleeping rooms and/or suites together with conference facilities. Ancillary uses, as defined herein, and rooms intended to hold conferences, exhibitions, meetings, seminars and training sessions are essential elements of a conference hotel.

(2)

Reserved.

(3)

Reserved.

(4)

Meeting or conference room(s) designed to seat at least one hundred fifty (150) persons are required. At least one (1) additional meeting room shall seat a minimum of seventy-five (75) persons. Conference facilities may be provided either within the hotel proper or situated elsewhere on that portion of the property lying within the City of Oakland Park. Conference facilities shall meet the following requirements:

(a)

Storage space to safely store materials and equipment overnight shall be available for conferees having multi-day meetings.

(b)

Each meeting room in a hotel conference facility shall have a controllable level of lighting.

(c)

Each meeting room shall have individual climate controls.

(d)

Each meeting room shall be equipped with built-in amplified sound, speakers, and be capable of providing audio-visual presentations.

(e)

Each meeting room shall have an adequate level of soundproofing to reduce or muffle outside noise and normal sounds from adjacent rooms and public area.

(f)

Each meeting room shall have internet connectivity and at least one (1) telephone outlet.

(5)

A full service restaurant or restaurants serving breakfast, lunch and dinner seven (7) days a week and seating a minimum of two-hundred (200) people shall be provided.

(6)

A bar or lounge located adjacent to the hotel lobby or in the restaurant shall be provided, and shall be exempt from the requirement in chapter 3, section 3-1, Code of Ordinances for a public hearing and use approval.

(7)

A fitness center shall be provided which includes an exercise area with aerobic and weight lifting or resistance equipment and also two (2) or more of the following types of facilities: sauna or steam room, swimming pool, hot tub, massage rooms, racquet ball or basketball court, or other fitness amenity, subject to the approval of the city commission.

(8)

Any or all of the facilities contained in subsections (5), (6) and (7) above may be located outside the hotel building provided they are approved in the site development plan for the project.

(9)

Ancillary use shall mean a retail, personal service, business center, restaurant or other commercial use which is incidental or supportive of the primary hotel use. Any such ancillary uses shall be deemed a hotel use. Additional parking spaces shall be required to be provided with respect to such ancillary use.

(10)

Parking requirements for properties containing a conference hotel: The minimum required parking for a development that includes a conference hotel shall be calculated pursuant to section 24-270 of the Code. As an additional incentive for any such development that also includes at least two hundred fifty thousand (250,000) square feet of hotel, office and retail uses, and is located adjacent to a major trafficway and has direct access to mass transit, a further parking reduction of forty (40) percent shall be granted. The required parking may be located anywhere within the development.

(D)

Existing hotels shall comply with the following regulations within one (1) year from the effective date of this section, however requirements under d. and e. under 1. Safety and security standards shall become effective upon adoption of this section.

(1)

Safety and security standards.

(a)

A registration desk shall be provided in the area where the path between entrances/exits and guest room corridors and public elevators is most visible.

(b)

All entrances and exits shall be continuously monitored by camera. Recordings from all security cameras shall be recorded, catalogued and maintained on premises for a minimum of sixty (60) days.

(c)

The registration desk shall be staffed twenty-four (24) hours per day by at least one (1) person on site twenty-four (24) hours per day.

(d)

Two (2) forms of identification including a government-issued picture identification shall be required to be provided by every registered guest aged seventeen (17) years of age or older.

(e)

The hotel desk clerk shall obtain and the hotel management shall keep on file for a minimum of sixty (60) days the following information for each adult hotel guest:

i.

Full name.

ii.

Home address.

iii.

Home telephone number.

iv.

Time of arrival.

v.

Number of assigned rooms.

(f)

Sexual offenders or predators are prohibited from occupying a hotel sleeping room or suite in a hotel within two thousand two hundred fifty (2,250) feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.

(E)

Impact of problem hotels on the community. Hotels with calls for service per room ratio greater than one (1.0) on a twelve (12) month rolling basis are deemed to be a negative impact on the community. The chief of police is empowered to require immediate implementation of one (1) or more of the following additional security standards:

(1)

Guests and visitors shall be at least twenty-one (21) years of age to rent or visit a room unless accompanied by a parent or legal guardian.

(2)

Inspecting the rooms of guests who refuse room cleaning service.

(3)

Maintaining and enforcing "no rent" and "no trespass" lists for people who have been arrested on the property or have caused a disturbance at the hotel.

(4)

Posting of notices and signs such as "No Illegal Activity," "No Loitering," "No Public Drinking," and "Quiet Hours Between 10 p.m. and 6 a.m." and "No Trespassing."

(5)

Refusing to rent to known prostitutes, gang members or drug dealers.

(6)

Employing trained, uniformed on-site security guards.

(7)

Undergoing a crime prevention through environmental design survey by the police department and implementing additional recommended security measures.

(F)

In addition to the required conditional use approval, if a restaurant bar or hotel bar is included as defined in chapter 3, section 3-1 Code of Ordinances, then a public hearing and use approval is required by the city commission at a regular public meeting. Also a site plan (including a floor plan) shall be reviewed in accordance with article XII of this chapter.

(Ord. No. O-2016-004, §§ 6, 7, 3-2-16; Ord. No. O-2018-026, § 2, 10-17-18)

(A)

Recreational vehicles, watercraft, vessels, and boats.

(1)

Definitions (see also article XVIII):

(a)

Recreational vehicles: Any operable (defined as fit for use) 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 pursuant to the Code of Ordinances as a commercial vehicle. All types of recreational vehicles shall consist, but are not limited to, the following:

(i)

Camping trailer: A vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters, and the primary design of which is for recreation, camping or travel use. This definition shall also apply to fifth-wheels and travel trailers.

(ii)

Truck camper: A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping or travel use.

(iii)

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, touring, or travel use; and recognized and registered with the State of Florida Division of Motor Vehicles (DMV).

(iv)

Watercraft, vessels, and boats: A water vehicle, watercraft, vessel, boat, airboat, jet-ski, wave runner and/or similar type of water recreational means of transportation.

(2)

Requirements:

(a)

Length: Recreational vehicles shall not exceed thirty (30) feet in length.

(b)

Occupancy: Camping trailers, truck campers or motor homes shall not be occupied, except for the purpose of repair or maintenance and electrical hookup for refrigeration, at any time during said parking or storage, in accordance with (3) below. The term, "occupied," for the purposes of this article, shall include but not be limited to, electrical connections (permanent or drop cord), water and sewer connections (permanent or by flexible hose), telephone or any multimedia connections (permanent or extension), or personal occupancy of any kind (day or night).

(c)

Battery charging: Unlimited battery charging is permitted for all recreational vehicles when located in specifically designated parking areas as defined in section 24-64(A)(2)(h) below.

(d)

Wheels shall not be removed: The wheels of a recreational vehicle or boat trailer shall not be removed, except for repair or maintenance.

(e)

Shall not cross over property lines: Recreational vehicles or boat trailers shall be parked on the property and shall have a two and one-half-foot side and rear setback and shall not block or obstruct the view of traffic.

(f)

Number: Not more than one (1) currently registered and licensed recreational vehicle including the following: Camping trailer, truck camper or motor home, swamp buggy, halftrack, airboat, watercraft, vessel and boat, or similar type recreational vehicles with the licensed tag visible shall be parked in the front yard or side yard areas of an owner's property at any one (1) time and must be titled in the name of the property owner or the tenant by the occupants and tenants of the property or their guests; however, additional watercraft, vessels or boats may be kept, parked or stored in a side yard or backyard area that is completely screened from the street with a vision obscuring hedge, fence or wall at least six (6) feet in height or in an enclosed structure.

(g)

Repairs: Maintenance of recreational vehicles, camping trailers, truck campers, motor homes, watercraft, vessels, and boats shall not be permitted in a residential zoning district with the exception of cleaning, replacement of tires, batteries, or other minor repairs which do not involve the exchange of engine parts, mechanical components or paint or body work and shall be in compliance with section 24-65.

(h)

Location, parking and storage: Recreational vehicles, camping trailers, truck campers, motor homes, swamp buggies, halftracks, watercraft, vessels and boats shall be kept on a paved surface, as defined in subsection 24-80(B)(3) or on concrete paver strips, of an individually owned property outside of a carport or fully enclosed building. The surface must be in an area specifically designated for such use and is in addition to the required and paved parking driveway. However, no new recreational vehicles purchased subsequent to the adoption of Ordinance No. O-2011-013 shall be parked in a location which causes the vehicle to encroach onto a city right-of-way which includes a street, sidewalk, and/or a swale or in any location which visually blocks or obstructs vehicle egress from contiguous properties with a twenty-foot clear-sight triangle measured along the pavement of the parking space and the edge of the adjacent street.

(i)

Located in enclosed building: The provisions of this article shall not affect the parking of recreational vehicles when parked within a totally enclosed and permitted building.

(j)

Temporary parking period: Temporary parking of recreational vehicles herein is hereby authorized in private required and paved driveways for a period not to exceed seventy-two (72) hours exclusive of holidays and in the rights-of-way for any one time for a period not to exceed four (4) hours. At no time while parked in a residential zoning district shall sewer, water supply and electrical service connections, be attached to a recreational vehicle except that electrical service, battery charging and fresh water filling connections, may be attached for a maximum of forty-eight (48) hours prior to and in preparation for departure from the property. During the temporary parking period, the recreational vehicle shall not be occupied in any manner whatsoever, except as allowed in (3) below.

(k)

Watercraft, vessels and boats: All watercraft, vessels and boats placed in the front yard, except canoes, kayaks and boats, not exceeding twelve (12) feet in length, shall at all times be stored on a currently licensed boat trailer with the licensed tag visible. However, if not located on a trailer they shall be placed only in the rear or side yard that is completely screened from the street with a vision obscuring fence or wall at least six (6) feet in height or in an enclosed structure.

(l)

Height: When parked, stored or maintained no 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 shall exceed fourteen (14) feet in height.

(m)

Length vesting permit registration: Any recreational vehicle with a length exceeding thirty (30) feet which was legally owned by property owners in the 2005 Annexed areas prior to the effective date of the passage and adoption of Ordinance No. 2011-013 shall be deemed to be vested and not required to comply with the sections governing recreational vehicles provide one-time permit registration is obtained within ninety (90) days following the adoption of Ordinance No. 2011-013 with the city's engineering and community development department with the resident owner's name or the resident owner's tenant's name, address, length and general description of the recreational vehicle and proof of ownership and vehicle registration for the recreational vehicle. The one-time vesting permit registration shall be non-transferrable and a registration decal provided by the city must be placed and shown on the recreational vehicle at all times.

(n)

Number vesting permit registration: Only one (1) legally existing watercraft, vessel or boat in addition to a legally existing recreational vehicle that both existed in the 2005 annexed areas and within the original pre 2005 City of Oakland Park areas prior to the effective date of the passage and adoption of Ordinance No. 2011-013 shall be deemed to be eligible to be vested and may be parked on resident owner's property in the front yard areas. A one-time permit registration must be obtained within ninety (90) days following the adoption of Ordinance No. 2011-013 with the city's engineering and community development department with the resident owner's name or the resident owner's tenant's name, address, length and general description of the recreational vehicle and proof of ownership and vehicle registration for the recreational vehicle. The one-time vesting permit registration shall be non-transferrable and a registration decal provided by the city must be placed and shown on the recreational vehicle at all times.

The failure to apply for and obtain the vesting permit shall result in the application of all applicable sections of the Code of Ordinances to the property located in the 2005 annexed areas.

(o)

Special recreational vehicle swale encroachment permit: Recreational vehicles and boat trailers legally existing within the city prior to the adoption of this Ordinance, that may or may not exceed the thirty (30) length restriction, may encroach into a swale area by eight (8) feet provided the property owner who has owned the recreational vehicle applies for a one-time permit registration must be made within ninety (90) days following the adoption of Ordinance No. 2011-013 with the city's engineering and community development department with the resident owner's name or the resident owner's tenant's name, address, length and general description of the recreational vehicle and proof of ownership and vehicle registration for the recreational vehicle. The special recreational vehicle permit shall be non-transferrable and a registration decal provided by the city must be placed and shown on the recreational vehicle at all times. The recreational vehicle shall not be parked in a location which causes the vehicle to encroach onto a city sidewalk or in any location which visually blocks or obstructs vehicle egress from contiguous properties with a twenty-foot clear-sight triangle measured along the pavement of the parking space and the edge of the adjacent street.

(3)

Temporary guest occupancy and parking: Temporary occupancy and parking shall be allowed for a period up to a maximum of thirty (30) calendar days during any calendar year for the same property.

(B)

Commercial vehicles.

(1)

In all residential districts, no more than one (1) commercial vehicle of three-quarter (¾) ton capacity or less may be parked in an ungaraged parking space, none over three-quarter (¾) ton capacity; any commercial vehicles of more than three-quarter (¾) ton capacity or more must be enclosed in a garage.

(2)

A commercial vehicle shall not remain stationary on any public road right-of-way for a period of more than four (4) hours.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 2, 7-1-98; Ord. O-2011-013, § 2, 6-15-11; Ord. No. O-2025-001, § 2, 1-15-25)

(A)

Purpose. The supplemental regulations contained herein are applicable to all Residential Dwelling Districts and Residential Districts within the city.

(B)

Current license plates.

(1)

Automotive vehicles, mobile homes or trailers of any type without current license plates shall not be parked or stored on property zoned for residential use. The city is hereby authorized to tow vehicles in violation of this section.

(C)

Repair and maintenance of vehicles.

(1)

Mechanical repairs to private passenger vehicles, trucks, boats, trailers, and recreational vehicles shall be permitted only inside a residential enclosed garage belonging to occupants of the dwelling.

(2)

Only minor repairs limited to tire, battery, or oil replacement may be performed in a carport or in the open air.

(3)

No storage of parts or equipment shall be permitted at any time outside of a garage or carport, or located on a driveway, nor shall any vehicle be left in a state of disrepair or on floor jacks or any other supportive device outside of a garage, carport, or left on a driveway for a period of time exceeding twenty-four (24) hours.

(4)

Auto body work and painting of any vehicle, motorcycle, boat, RV, or trailer shall be prohibited in any residential area.

(5)

Any repair or maintenance of vehicles conducted pursuant to this section shall conform to all other provisions of the Land Development Code.

(Ord. No. O-2025-001, § 3, 1-15-25)

Editor's note— Ord. No. O-2025-001, § 3, adopted Jan. 15, 2025, repealed the former § 24-65, and enacted a new § 24-65 as set out herein. The former § 24-65 pertained to current license plates and derived from Ord. No. O-90-21, § 10, adopted Oct. 17, 1990.

(A)

Construction trailer—All zoning districts.

(1)

Uses permitted: A motor home, mobile home, truck trailer or travel trailer may be used as a temporary office or shelter in connection with construction, excavation, or development of the premises on which the unit is located after applying to the city building official for a building permit.

(2)

Uses prohibited: No business shall be conducted from said construction trailer or temporary office except that incidental to the construction, excavation or development project. No such facility shall be used as sleeping quarters.

(B)

Temporary structures for business use.

(1)

Uses permitted: A temporary trailer or manufactured unit may be used for business purposes on all land zoned B-1, B-2, B-3 and I-1 for a period of only six (6) months after sketch plan is approved. The plan shall show paved parking and landscaping. The six-month period may be extended one (1) time for an additional six (6) months by the city manager for good cause.

(2)

Requirements:

(a)

A written request stating what business is to be performed in said temporary structure and what use is to be made on the balance of the property shall be provided with the site plan.

(b)

Said temporary structure is to be properly secured and tied down in conformity with the Florida Building Code.

(c)

All electrical and plumbing requirements of the Florida Building Code shall be met.

(d)

The applicant shall fulfill all the requirements of the Factory-Built Housing Act of the State of Florida, F.S. § 553.37, and obtain the proper permits, therefore.

(e)

All temporary trailers must be removed from the site immediately upon the issuance of a hurricane warning.

(3)

Uses prohibited: No such unit shall be used as living or sleeping quarters.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 3, 7-1-98; Ord. No. O-2003-001, § 15, 2-19-03)

A security trailer in which authorized personnel spend the night is permitted as an accessory use to a public school. A permit shall be required from the building official.

(Ord. of O-90-21, § 10, 10-17-90)

Accessory buildings will be permitted in all residential, R-O, B-1 and B-2 Districts only under the following conditions and only if, placed after or at the time of construction of the principal structure; there are no restrictions on such buildings in other districts.

(A)

Types permitted. Freestanding private garage or carport; tool, garden or utility shed; pergola; arbor; trellis; tiki hut; gazebo; and household mechanical equipment including air conditioner condensers, generators, above-ground pool equipment, and rooftop solar water heaters. Also permitted are pool houses/cabanas, provided they comply with the setback requirements of their zoning district.

(B)

Cumulative building site coverage for accessory site structures. Maximum of thirty-five (35) percent of the rear yard or side yard in which it is located in residential districts.

(C)

Dimension regulations.

(1)

R-1 and R-2 Districts:

(a)

Tool, garden or utility sheds.

1.

Number allowed: One (1).

2.

Location allowed: In the rear or side yard setback required in section 24-52 of this chapter, but can only be located to the rear of the rear wall of the principal dwelling building. This structure is not permitted in the required front yard setback.

3.

Side setback: One-half (½) the height of the building

4.

Rear setback: One-half (½) the height of the building, and fifteen (15) feet when abutting a waterway.

5.

Maximum floor area if not compliant with setbacks required in section 24-52 of this Chapter: One hundred (100) square feet,

6.

Maximum height: Ten (10) feet measured from the finished grade to the highest peak.

7.

Street side setback: Street side not permitted.

8.

Waterway setback: Fifteen (15) feet from edge of water.

(b)

Pergolas, arbors and trellises. Pergolas, arbors and trellises structures are permitted in all yards (buildable and setbacks) of a residential dwelling unit. The required setback shall be equal to half the height of the structure. The structure is not permitted to be more than ten (10) feet in height measured from the finished grade of the lot.

(c)

Gazebos and tiki huts. Gazebos and tiki huts are only permitted in the buildable area of a residential lot and shall not be permitted to be more than twelve (12) feet in height and must meet all building setbacks.

(d)

Household mechanical equipment including air conditioner condensers, generators, and above-ground pool equipment. Household mechanical equipment is permitted to encroach into up to half of the required side setback or forty-two (42) inches into the required rear yard setback but shall not encroach into a corner street side setback. Encroaching equipment is permitted to have a height of no greater than sixty (60) inches, and any encroaching equipment shall have a noise rating of less than fifty-five (55) decibels measured from the closest adjacent property or shall be enclosed in sound deadening material reducing its noise to that level. Equipment shall be maintained, so its noise level does not increase above this limit. Under no circumstances shall household mechanical equipment be permitted in a front yard even if located behind the required setback line.

(e)

Freestanding private garages and carports.

1.

Number allowed if not compliant with setbacks required in section 24-52 of this chapter: One (1).

2.

Location allowed: In the rear or side yard setback required in section 24-52 of this chapter, but only if located to the rear of the rear wall of the principal dwelling building. The structure is not permitted in the required front yard setback.

3.

Side setback: Five (5) feet

4.

Rear setback: Five (5) feet.

5.

Maximum floor area if not compliant with setbacks required in section 24-52 of this chapter: Four hundred (400) square feet, and structure shall be designed specifically for storage of vehicles only with appropriately placed garage doors for access and building length and depth only providing area for vehicle storage.

6.

Maximum height if not compliant with setbacks required in section 24-52 of this chapter: Twelve (12) feet measured from the finished grade to the highest peak.

7.

Street side setback: Fifteen (15) feet.

8.

Waterway setback: Fifteen (15) feet from edge of water.

(f)

Prohibited accessory structures. Canopy structures, tents, and tarps are not permitted in any required yard setbacks.

(g)

Green roofs. The structural components of a green roof (non-vegetative components) may exceed the permissible height limit in any district by not more than five (5) feet. The external perimeters of green roof systems are required to be aesthetically compatible with the building exterior. Green roofs must comply with all other standards set in Article VIII—Landscaping and Fences.

(h)

Solar water heaters. Rooftop solar water heater systems may exceed the permissible height limit in any district by not more than five (5) feet. Rooftop solar water heater systems are not required to be screened.

(2)

All other districts: No accessory building, temporary or permanent, shall occupy space within a required front, side or rear yard setback in all other districts in which accessory buildings are allowed.

(D)

Building height limits.

(1)

No accessory building shall be more than fifteen (15) feet in height or as further restricted in section 24-68(C).

(E)

Portable Storage Units.

(1)

Number, duration and removal.

(a)

Portable storage units for on-site storage. There shall be no more than one (1) portable storage unit per site no larger than eight (8) feet wide, sixteen (16) feet long and eight (8) feet high. No portable storage unit shall remain at a residential district in excess of thirty (30) consecutive days, and portable storage units shall not be placed at any one site in a residential district in excess of thirty (30) days in any calendar year. No portable storage unit shall remain at a site in a nonresidential district in excess of thirty (30) consecutive days, and portable storage units shall not be placed at any one site in a nonresidential district in excess of thirty (30) days in any calendar year. It shall be unlawful for any person to place, or permit the placement of, one or more portable storage unit(s) on property which he or she owns, rents, occupies or controls without first having obtained a permit therefor. Application for a permit shall be made to the zoning administrator on a form provided by the zoning administrator. The zoning administrator shall determine the most appropriate location for the portable storage unit to be placed on site. A permit fee in an amount to be established by resolution of the city commission shall accompany the application. The issuance of a permit shall allow the applicant to place portable storage units on the property in conformance with the requirements of the chapter. The permit shall be posted in plain view at the site.

(b)

Removal of portable storage units in the event of a hurricane warning. Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a hurricane warning by a recognized government agency. If the community development director determines that an emergency, other than a hurricane warning by a recognized government agency, provides sufficient cause to exceed the time limitations which would otherwise apply, the community development director may allow a portable storage unit to remain at a site for a period in excess of such time limitations. If the community development director determines that placement of a portable storage unit at a site where new construction is taking place will not adversely impact the surrounding community and is otherwise appropriate, the community development director may allow a portable storage unit to remain at the site for a period in excess of the time limitations which would otherwise apply.

(2)

Maintenance and prohibition of hazardous materials. The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances, as defined in section 24-245 of the City's Code of Ordinances, are stored or kept within the portable storage unit.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 4, 7-1-98; Ord. No. O-2002-024, § 4, 9-18-02; Ord. No. O-2003-006, § 1, O-2003-006, § 3, 9-3-03; Ord. No. O-2010-005(Revised), § 2, 2-3-10; Ord. No. O-2020-008, § 2, 6-17-20; Ord. No. O-2023-003, § 3, 7-19-23)

(A)

Excavation.

(1)

Permit: No person, firm or corporation shall dig or excavate any sand, clay, gravel, rock or any earth of any character, kind or description, or mine for same on any parcel of land within the City of Oakland Park, below the street grade upon which such land abuts without first having procured from the City of Oakland Park a permit to do so.

(2)

Application: Any person, firm or corporation desiring a permit shall first submit a written application to the City of Oakland Park, which application shall contain a description of the land, the names of the streets upon which such lands abut, the depth to be excavated below the grade of the street, the names and residences of the owner or owners of the land to be excavated, and to be signed by the person, firm or corporation proposing to make such excavation, and such other pertinent information as may be required.

(3)

Drainage: In approving or disapproving said application, the city shall take into consideration the effect said excavation will have upon the surplus water and drainage conditions of the immediate area and its effect upon the overall drainage system of the city. In granting a permit, the city may make such requirement as shall be necessary to maintain a proper drainage of surplus water throughout the adjacent area.

(4)

Temporary safeguards: It shall be unlawful for the owner or person in control of any property to temporarily permit thereon any open well, cistern, swimming pool, or other dangerous excavations which are not securely covered or otherwise provided with appropriate safeguards in such a manner as to prevent human beings, animals or fowl from falling into or otherwise having access, particularly if there is water therein.

(B)

Swimming pools.

(1)

Unenclosed pools. Unenclosed pools may be located in a required side or rear yard, provided the following conditions are met.

(a)

The pool shall be located a minimum of five (5) feet from any side or rear property line.

(b)

The pool shall not be placed within a utility or drainage easement.

(c)

Measurements shall be taken from the inner edge or water line of the pool.

(d)

Pools may not be located in a required front yard.

(e)

Water in any swimming pool shall be maintained in a clear and sanitary condition.

(2)

Screen enclosures with screened roofs covering patios. Screened pools and patios may be located in a required side or rear yard subject to the setbacks set forth under (1) above.

(3)

Pool fencing: All pools shall be enclosed by a permanent fence at least four (4) feet in height with all access gates being self-closing and self-latching or be completely enclosed by a screen enclosure, the exterior door of which to be self-closing and self-latching. Hot tubs or spas may be equipped with a locking cover in lieu of being fenced.

a.

Application to existing residential swimming pools. All existing residential swimming pools, including above ground pools with side walls four feet or higher shall be brought into compliance with this subsection no later than six (6) months after adoption of Ord. No. O-2008-024 [adopted on June 18, 2008].

(4)

Above ground pools shall not be located in any required front or side yard.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 5, 7-1-98; Ord. No. O-2008-023, § 2, 6-18-08)

(A)

Design. For purposes of this article, dish antennae shall be defined as follows: A device (antennae, dish antennae or dish-type antennae), the purpose of which is to receive and/or transmit communication signals from or to satellites in earth orbit and other extraterrestrial sources. All dish antennae (as defined in article XVIII) installed after 1987 shall be constructed for aesthetic purposes of a mesh-like material, except those commercial establishments required to transmit signals as a necessary function of the business may utilize a solid type dish antennae not to exceed eight (8) feet in diameter, except mini digital dishes not exceeding one (1) meter in diameter.

(B)

Location and height. Dish antennae are permitted as accessory uses in all zoning districts, subject to the following provisions:

(1)

Ground-mounted:

(a)

Location: No dish antennae shall be constructed within any easement or in any front or side yard but shall be constructed in the rear yard of the residence or principal structure. The antennae shall be installed in compliance with the Florida Building Code.

(b)

Setbacks: Dish antennae, ground-mounted, must adhere to district side and rear yard setback requirements as set forth in article III.

(c)

Maximum height: In residential districts, thirteen (13) feet or the height of the roof line of the residence, whichever is less; in nonresidential districts, thirteen (13) feet, the lowest point shall be equal with the crown of the road nearest to the location of the dish antennae.

(2)

Roof-mounted:

(a)

Location: Dish antennae shall not be mounted upon a roof within a residential district, with the exception that roof antennae shall be permitted on multifamily residential complexes of two (2) stories or more. Dish antennae shall be installed at as low a level as possible. Dish antennae may be mounted upon the roof of a principal or accessory building within a commercial or industrial district. The dish antennae shall be installed in compliance with the Florida Building Code.

(b)

Maximum height: Dish antennae mounted upon a roof shall not exceed a height of more than fifteen (15) feet above the roof upon which it is mounted, including base.

(C)

Application and permit.

(1)

All dish antennae shall be installed by a dish antennae contractor with a certificate of competency from the State of Florida.

(2)

Application for the dish antennae shall be made to the building department and shall include the following:

(a)

A survey or site plan showing the exact location of the dish antennae on the property and compliance with all of the codes and ordinances of the city.

(b)

Two sets of engineering plans detailing the exact location and method of installation pursuant to the Florida Building Code and the Code of Ordinances of the City of Oakland Park, Florida. Said plans shall be certified by an engineer registered in the State of Florida. In lieu of engineering plans, South Florida Product Approval will be accepted.

(c)

A fee shall be paid in accordance with the permit fee schedule for the cost of processing said application and the inspections made upon the completion of each phase of installation.

(D)

Continuance of prior dish antennae. Any dish antennae that have been installed prior to the initial enactment of this section in 1987 may be continued for a period of five (5) years commencing July 1, 1987; providing, however, that said dish antennae shall comply with the provisions of this article after July 1, 1992.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 6, 7-1-98; Ord. No. O-2003-001, § 15, 2-19-03)

(A)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems [pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-EE0005701 ("Go SOLAR—Broward Rooftop Solar Challenge") on buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to web based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR—Broward Rooftop Solar Challenge permitting process].

(B)

Definitions. For purposes of this section, the following terms shall have the meaning prescribed herein:

(1)

Roof line: The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof.

(2)

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.

(C)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to [residential and commercial] conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(D)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five (5) feet above the roof.

(E)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that:

(1)

If the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the city; and

(2)

The issuing of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property itself a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining or other property or the growth of any trees or vegetation on such property or the right to prohibit the development on growth of any trees or vegetation on another property.

(F)

Tree maintenance and removal. To the extent that the city has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(G)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. No. O-2012-019, § 2, 10-3-2012)

(A)

Review criteria for community residences that do not comply with zoning requirements for spacing and/or for licensing or certification as specified in this Code and thus require conditional use approval:

(1)

Review criteria for community residences that do not comply with the spacing requirement to be a permitted use. When a proposed community residence is required to obtain a conditional use because it would be located within six hundred sixty (660) linear feet of an existing community residence or recovery community, the Commission shall not approve a conditional use for a community residence unless and until it finds that the applicant has demonstrated by a preponderance of the evidence that:

(a)

The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of other community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence, and

(b)

The proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by concentrating or clustering community residences and/or recovery communities on a block face or in a neighborhood.

(2)

Review criteria for community residences for which the State of Florida does not issue or require a license or certification. When the proposed community residence is required to obtain a conditional use because the State of Florida does not offer a license or certification for this type of community residence and the population it would serve, the commission shall not approve a conditional use for a community residence unless and until it finds that the applicant has demonstrated that:

(a)

The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;

(b)

Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;

(c)

The community residence will emulate a biological family and be operated to achieve normalization and community integration; and

(d)

The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

(B)

Review criteria for transitional community residences in districts where they are allowed only as a conditional use. In districts where a transitional community residence is allowed only as a conditional use, the commission shall not approve a conditional use for a transitional community residence unless and until it finds that the applicant has demonstrated that:

(1)

The proposed transitional community residence will not interfere with the normalization and community integration of the residents of any existing community residence and/or recovery community and that the presence of other community residences and/or any recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence;

(2)

The proposed transitional community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by concentrating or clustering community residences and/or any recovery community on a block or in a neighborhood;

(3)

The proposed transitional community residence will be compatible with the residential uses allowed as of right in the zoning district;

(4)

If the proposed transitional community residence would be located in zoning district where it is allowed only as a conditional use, the proposed transitional community residence, alone or in combination with any existing community residences and/or recovery communities, will not alter the residential stability of the zoning district;

(5)

The applicant demonstrates that the owner, operator, or the proposed community residence has been granted certification by the State of Florida or been issued a license that the State of Florida requires,

(6)

When the State of Florida does not offer certification or require a license for this type of transitional community residence and the population it would serve, the applicant demonstrates that:

(a)

The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;

(b)

Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;

(c)

The community residence will emulate a biological family and be operated to achieve normalization and community integration; and

(d)

The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

(C)

Review criteria for community residences with more than ten (10) occupants. If an applicant seeks to house more than ten (10) unrelated individuals in a community residence, the commission shall not approve a conditional use for a community residence unless and until it finds that the applicant has:

(1)

Specified by how many individuals it wishes to exceed the as of right maximum of ten (10) residents and demonstrate by a preponderance of the evidence the financial and/or therapeutic need to house the proposed number of residents greater than ten (10);

(2)

Demonstrated by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property;

(3)

Demonstrated by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, institutional use, assisted living facility that does not comport with the definition of "community residence," or other nonresidential use; and

(4)

Demonstrated by a preponderance of the evidence that the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery community.

(D)

Review criteria for recovery communities that do not comply with the spacing requirement to be a permitted use. When a proposed recovery community is required to obtain a conditional use because it would be located within one thousand two hundred (1,200) linear feet of an existing community residence or recovery community, the commission shall not approve a conditional use for a community residence unless and until it finds that the applicant demonstrates that:

(1)

The proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and

(2)

The proposed recovery community in combination with any existing recovery communities or community residences will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood.

(E)

License required.

(1)

It shall be unlawful for any person or business entity to operate a community residence or recovery community in the City of Oakland Park without a valid community residence or recovery community license. An applicant for a community residence or recovery community license shall file in person a completed application made on a form provided by the Department of Community and Economic Development. The application shall be signed by the applicant and notarized and shall state that the applicant is swearing or affirming all information on the application is true and correct. An application shall at a minimum contain the information required as follows:

(a)

The applicant's full true name and any other names used in the preceding five (5) years.

(b)

Current business address or another mailing address of the applicant.

(c)

The business name, location, legal description, mailing address and phone number of the community residence or recovery community.

(d)

The name and business address of the statutory agent or other agent authorized to receive service of process.

(2)

An application for a community residence or recovery community license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(3)

If a person who wishes to operate a community residence or recovery community is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate a community residence or recovery community is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant.

(4)

Procedures for issuance. No community residence or recovery community license shall be issued or granted unless:

(a)

An application is filed with the City of Oakland Park on forms provided for that purpose;

(b)

There has been a site inspection by the city of the applicant's premises;

(c)

The planning and zoning division has reviewed and approved the zoning use classification; and

(d)

The city has verified compliance with all applicable laws and regulations.

(e)

Payment of the community residence or recovery community license fee, to be established by resolution of the city commission, shall be required prior to the issuance of the license.

(5)

Obtaining a certificate of occupancy and/or change of use prior to issuance of community residence or recovery community license. Any community residence or recovery community that is required to obtain a certificate of occupancy and/or change of use pursuant to the Code of Ordinances must do so prior to the issuance of a license.

(6)

Grounds for denial. The director of the department of community and economic development or designee, as appropriate, shall have the authority to deny an application for a community residence or recovery community license on the following grounds:

(a)

That the applicant has failed to disclose or has misrepresented a material fact or any information required in the application;

(b)

That the applicant is desiring to operate a community residence or recovery community which does not comply with the city's Land Development Code;

(c)

That the applicant has failed to obtain a certificate of occupancy and/or change of use, if required;

(d)

That the certificate of occupancy or change of use for the proposed location has been denied, suspended, or revoked for any reason;

(e)

Applicant's noncompliance with specific provisions of federal, state, city or county ordinance, with respect to the specific use, and the applicant:

(i)

Fails to obtain said approvals prior to issuance of a license; or

(ii)

Has violated such specific provisions;

(f)

The applicant has violated any provision of the Code of Ordinances or Land Development Code, and has failed or refused to cease or correct the violation within (30) days after notification thereof;

(g)

The applicant failed to permit inspection by the city; or

(h)

Or as otherwise provided in the Code of Ordinances.

(i)

The operator or applicant has not been granted all available licensing or certification by the State of Florida or is not operating under the Oxford House Charter.

(7)

Any person whose application has been denied as provided herein shall have the right to appeal to the special master in accordance with the procedures of section 24-234 of the Code of Ordinances.

(8)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, the address of the community residence or recovery community. The community residence or recovery community license shall be posted in a conspicuous place at or near the entrance inside the community residence or recovery community so that it may be easily read at any time by an inspector.

(9)

Any community residence or recovery community shall permit officers or agents of the City of Oakland Park to inspect, from time to time on an occasional basis, the community residence or recovery community for the purpose of ensuring compliance with all applicable regulations pertaining to community residences. A licensee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this section for purposes of license denial, suspension, and/or revocation. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this article, but not to authorize a harassing or excessive pattern of inspections.

(10)

Each license shall remain valid for a period of one (1) calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application or renewal.

(11)

A licensee shall not transfer license to another, nor shall a licensee operate a community residence or recovery community under the authority of a license at any place other than the address designated in the community residence or recovery community license application.

(12)

Revocation.

(a)

The city shall revoke a community residence or recovery community license if it determines that:

(i)

The license holder has failed to disclose or has misrepresented a material fact or information required by this article in the application;

(ii)

The license holder does not operate in the manner described in the application or has changed the operation without authorization through approval of a new license;

(iii)

The certificate of occupancy for the location has been denied, suspended or revoked for any reason;

(iv)

In the event of a conviction of any owner, operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the owner, operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the facility operation;

(v)

The license holder has violated any provision of or failed to maintain compliance with the City Code and has failed or refused to cease or correct the violation after notification thereof;

(vi)

The holder of the license, or the holder's designated manager, operator, or supervisor, refuses to permit an authorized city inspector to inspect the premises during normal business hours for a regular inspection or for the purpose of investigating a complaint which has been filed against the operation.

(vii)

The licensee has knowingly engaged in or allowed possession, use, or sale of controlled substances on the premises.

(viii)

The operator or facility has been denied an Oxford House Charter, license or certification by the State of Florida or had its Oxford House Charter, license or certification suspended, or is denied recertification or renewal of its license or charter, is not allowed in the City of Oakland Park and must cease operation and vacate the premises within sixty (60) days of the date on which its license or certification was denied or suspended or its recertification was denied.

(13)

Suspension and revocation procedure. The procedure for suspension and revocation of a license shall be as follows:

(a)

If at any time the City of Oakland Park determines that the community residence or recovery community is operating in any manner in violation of federal, state, county or city law or harmful to the public health, safety or welfare the city may file a notice of violation, through the special master process in the manner provided for by F.S. Ch. 162, and chapter 24, article XVII, section 24-234 of the Code of Ordinances.

(b)

If a license is revoked the applicant(s) may not apply for another license until one (1) year from the date of the effective date of the revocation, unless the basis for the revocation has been corrected or abated.

(c)

If a license is suspended for a specific period of time, the license shall remain suspended until the basis for the suspension has been corrected and the suspension period has expired.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 7, 7-1-98; Ord. No. O-2020-004, § 2, 2-19-20)

(A)

Purpose. Flexibility, reserve and affordable housing unit procedures are hereby established so that the number of dwelling units permitted on a lot or parcel of land may be increased above the normal authorized densities in certain specific situations as hereinafter provided.

(B)

Conditions for granting flexibility, reserve and affordable housing units.

(1)

Reserve units may be granted as an incentive for the dedication of land for public purposes. In exchange for land dedication for public purposes of any portion of a parcel of property, the city commission may grant a transfer of up to two hundred (200) percent of the maximum number of dwelling units designated on the Oakland Park Future Land Use Map for the dedication area to other parcels of land within the same flexibility zone. Reserve units may be granted only for land dedications or monetary contributions in lieu of land dedications in excess of city and/or county requirements, as otherwise provided, but shall not be granted for county park dedication purposes.

(2)

Flexibility, reserve and affordable housing units may be granted to a parcel of land which is designated for commercial use on the City of Oakland Park Future Land Use Map and zoned for business in order to permit residential uses. In addition, affordable housing units may be permitted in accordance with Article 8 of the Broward County Planning Council's Administrative Rules Document in the following areas:

(a)

Prospect Road from Dixie Highway to I-95.

(b)

Andrews Avenue from Oakland Park Boulevard to Prospect Road.

(c)

Orange Grove Manors subdivision (South of Cambridge Park PUD).

(3)

For other than those in (1) and (2) above, reserve units may be granted in the following manner:

(a)

The total number of reserve units assigned to any undeveloped parcel of land in excess of ten (10) acres in size, which was at the time of adoption of the 1989 Oakland Park Future Land Use Element under one (1) ownership, regardless of future division or sale, cannot exceed ten (10) percent of the residential density designated for the parcel on the Oakland Park Future Land Use Map.

(b)

Except as specified in (a) above, the total number of reserve units assigned to any developed parcel of land or any undeveloped parcel of land less than ten (10) acres in size may not exceed twenty-five (25) percent of the residential density designated for the parcel on the Oakland Park Future Land Use Map 1 or one (1) additional dwelling unit per lot, whichever is greater.

(C)

Application for flexibility, reserve and affordable housing units. The owner of a tract of land may make an application to the city for flexibility, reserve and affordable housing units in accordance with the conditions for granting flexibility, reserve and affordable housing units outlined in (B) above.

(1)

For a residential lot which is zoned R-1 and on which the property owner wishes to construct a two-family dwelling, an application for a reserve unit must be accompanied by a request for a rezoning of the property to R-2.

(2)

For all parcels of land, other than as provided in subsection (1) above, an application for flexibility, reserve and affordable housing units must adhere to the following procedures and requirements:

(a)

The application must be accompanied by a conceptual site plan which depicts the number and layout of the dwelling units and complies with article XII.

(b)

A filing fee in accordance with the land development fee schedule.

(D)

Review of application for flexibility, reserve and affordable housing units. The application for flexibility, reserve and affordable housing units and the accompanying site plan shall be reviewed by the development review committee for compliance with this section and all other applicable regulations. A report of the committee's review and recommendation shall be submitted to the city commission.

(E)

Action of the city commission.

(1)

The city commission shall review the application for flexibility, reserve and affordable housing units and the accompanying conceptual site plan for adherence to all existing city requirements and as to whether the development as presented will enhance the quality of life in the City of Oakland Park and promote the health, safety and welfare of its citizens.

(2)

After the public hearings, the city commission may take action to grant the application for flexibility, reserve and affordable housing units, in whole or in part, only as provided in (B) above.

(3)

Upon granting flexibility, reserve and affordable housing units, the number of available flexibility, reserve and affordable housing units in the flexibility zone shall be reduced by the number of flexibility, reserve and affordable housing units granted.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-2006-009, § 3, 5-3-06; Ord. No. O-2007-010, § 3, 5-2-07)

(A)

Purpose and legislative findings.

(1)

Purpose. It is the purpose of this ordinance to regulate sexually oriented adult entertainment businesses in order to promote the health, safety, and general welfare of the citizens of the city, to establish reasonable regulations to prevent the operation of such uses next to designated sensitive land uses, in order to minimize or reduce their negative secondary effects upon and within the community. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(2)

Legislative findings. Based on evidence of the adverse secondary effects of sexually oriented businesses presented in hearings and in reports made available to the commission, and on findings, interpretations, and narrowing constructions incorporated in numerous cases including, not limited to,Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002);City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986),Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); California v. LaRue, 409 U.S. 109 (1972); as well as in the cases of Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 337 F.3d 1251 (11th Cir.2003); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982);International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); and other cases; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Indianapolis, Indiana - 1984; Amarillo, Texas - 1977; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - 1977 ; and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona -1995-98; and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000, and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the commission finds:

a.

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter, and sexual assault and exploitation.

b.

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other certain uses, such as establishments licensed to sell alcoholic beverages, to minimize the secondary effects associated with such uses.

c.

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating.

(B)

Definitions.

(1)

Sexually oriented business uses: For the purpose of this chapter, the term "sexually oriented business" shall mean and include adult bookstores/adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult novelty stores, semi-nude model studios.

(2)

Adult bookstore/adult video store: For the purpose of this chapter, the term "adult bookstore/adult video store" means a commercial establishment which has significant or substantial portion of its stock-in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas."

The term "adult bookstore/adult video store" shall also include a commercial establishment which regularly maintains one or more "adult arcades." "adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing "specified sexual activities" or specified "anatomical areas."

(3)

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude.

(4)

Adult motel means a motel, hotel, or similar commercial establishment which:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(b)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

(5)

Adult motion picture theater: For the purpose of this chapter, the term "adult motion picture theater" means a commercial establishment where films, motion pictures, videocassettes, slides, DVDs, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

(6)

Adult novelty store means a commercial establishment to which minors are restricted access by reason of age and which regularly features instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others, including such items as dildos, vibrators, penis rings, rubber vaginas, and similar devices. The foregoing instruments, devices, or paraphernalia shall not be interpreted to include condoms, diaphragms, intra-uterine devices (IUDs), or similar prophylactic means of preventing pregnancy.

(7)

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description "specified anatomical areas" or "specified sexual activities."

(8)

Establish or establishment shall mean and include any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business;

(b)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(c)

The addition of any sexually oriented business to any other existing sexually oriented business.

(9)

Operate or cause to operate shall mean to cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(10)

Regularly features or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

(11)

Semi-nude, state of semi-nudity, or semi-nude condition shall mean the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

(12)

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

It is a defense to prosecution for any violation of this ordinance that a person appearing in a state of semi-nudity or semi-nudity did so in a modeling class operated:

(a)

By a college, community college, or university supported entirely or partly by taxation;

(b)

By a private college or university which maintains and operates educational programs in which credited are transferable to college, community college, or university supported entirely or partly by taxation; or

(c)

In a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

2.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

(13)

Specified sexual activities: For the purpose of this chapter, the term "specified sexual activities" shall mean and include:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy; and

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(14)

Specified anatomical areas: For the purpose of this chapter, the term "specified anatomical areas" shall mean and include:

(a)

Less than completely and opaquely covered: Human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(15)

Massage establishment: The term "massage establishment," as used in this chapter, shall mean and include any shop, parlor, establishment or place of business wherein all or any one (1) or more of the following named subjects and methods of treatments, are administered or practiced if, at any time, an employee displays any specified anatomical areas during the course of treatment:

(a)

Oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, colon irrigations, body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage or tapotement.

(b)

Nothing in this chapter shall be construed as applying to State of Florida-licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing home or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment.

(16)

Sexual encounter center: For the purpose of this chapter, the term "sexual encounter center" shall mean a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration:

(a)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b)

Physical contact between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.

(17)

Alcoholic beverage establishment: For the purpose of this chapter, the term "alcoholic beverage establishment" shall mean any establishment located in the City of Oakland Park, Florida, at which alcoholic beverages are offered for sale for consumption on the premises.

(18)

Nudity or state of nudity: For the purpose of this chapter, the term "nudity" shall mean the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

(C)

Sexually oriented business uses. The following uses are declared to be "sexually oriented business uses" as defined in (A) above:

(1)

Adult bookstore/adult video store;

(2)

Adult cabarets;

(3)

Adult motels;

(4)

Adult motion picture theaters;

(5)

Adult novelty stores;

(6)

Semi-nude model studios.

(D)

Location of designated sexually oriented business uses.

(1)

Notwithstanding anything to the contrary in this Code, sexually oriented business uses shall be treated as permitted uses and shall not be subject to the standards particular to conditional uses. Sexually oriented business uses shall be permitted only in the following districts: B-1, B-2, B-3, I-1, PCC-1, subject the requirements listed in subsection (2).

(2)

No sexually oriented business uses are permitted on a parcel of land located:

(a)

Within six hundred (600) feet of any parcel of land which is either zoned or used for residential uses or purposes;

(b)

Within six hundred (600) feet of any parcel of land upon which a church, temple, child care center, school (pre-school and grades kindergarten through twelfth grade), public park or playground is located.

(3)

For purposes of this section, distance shall be by airline measurement from property line to property line, using the closest property lines of the parcels of land involved. The term "parcel of land" means 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 land to be used or developed as a unit or which has been used or developed as a unit.

(E)

Application to new churches, temples and schools. Where a designated use is located in conformity with the provisions of this chapter, the subsequent locating of a church, temple or school within six hundred (600) feet of such existing designated use shall not be construed to cause such designated use to be in violation of this chapter.

(F)

Provisions not retroactive. The provisions of this section shall not be construed to be retroactive, and any existing designated use which conformed to the regulations in effect when such designated use was established shall not be rendered illegal or in violation through the 1977 adoption of this section or amendments thereto, so long as the occupational license issued for such use remains in full force and effect and is renewed in a timely manner.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 8, 7-1-98; Ord. No. O-2004-025, § 2, 10-6-04; Ord. No. O-2016-009, § 2, 9-21-16)

Cross reference— Licensing of sexually oriented businesses, § 7-130 et seq.

(A)

Purpose. The following regulations shall apply to facilities which dispense automobile fuel, oil, or lubricants to the general public. These regulations are supplemental and in addition to other requirements of the applicable zoning district. In the case of a conflict, the regulations contained herein shall apply.

(B)

Size of plot.

Minimum width: One hundred (100) feet.

Minimum depth: One hundred twenty-five (125) feet.

(C)

Location of fuel pumps, canopies and other structures.

(1)

Distance from right-of-way for fuel pumps: Minimum of thirty-five (35) feet.

(2)

Fuel pump distance from property line: Minimum of fifteen (15) feet.

(3)

Fuel pump or canopy distance from residential district line: Minimum of twenty-five (25) feet.

(4)

Fuel pump distance from property access point: Minimum of fifty (50) feet.

(5)

Distance from right-of-way for canopies: Minimum of twenty-five (25) feet.

(D)

Building site coverage and green space.

(1)

Minimum of twenty-five (25) percent landscaped or pervious.

(2)

Along street right-of-way: A landscaped strip at least twenty-five (25) feet in depth with a three-foot high berm.

(E)

Access.

(1)

Maximum width of curbcut: Thirty-six (36) feet.

(2)

Minimum width of aisle: Twenty-four (24) feet.

(F)

Lighting. All lights and lighting on a service station shall be so designed and arranged as to not cause a direct glare into residentially zoned property.

(G)

Wall. Adjacent to any residentially zoned land, an eight-foot opaque masonry wall shall be constructed.

(H)

Storage of flammable liquids. All gasoline, benzene, diesel fuel, naphtha or other volatile flammable liquids stores incidental to the operation of a service station, shall be kept in underground tanks.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-98-10, § 9, 7-1-98; Ord. No. O-2016-004, § 8, 3-2-16)

(A)

Purpose. In order to accommodate the increasing utilization of electric vehicles, the regulations contained herein shall apply.

(B)

All new single-family, two-family, and townhouse residential units shall provide all necessary infrastructure for an electric vehicle ready space, for the resident to plug in one (1) electric vehicle charging unit per residential unit, at the time of construction of the residential units, as follows:

(1)

Required infrastructure shall include a dedicated circuit with minimum thirty (30) ampere service and two hundred eight (208) volts. Infrastructure shall include appropriate electric wiring, conduit, receptacle, and circuit breaker(s) necessary to readily accommodate future installation of a minimum Level 2 or equivalent charging unit. If commonly available technology changes such that the level of electrical service needed for a Level 2 charger, or its equivalent, becomes lower than the minimum stated herein, the building official may provide a memorandum recommending a new lower standard to the city manager for approval.

(2)

Wiring, conduit, and receptacle shall be installed up to the point where the charging unit will be located to access the parking space.

(3)

The receptacle and charging unit shall be indoors and at an indoor, garage parking space if the dwelling unit has garage parking.

(4)

For residential units that only have outdoor parking, the receptacle shall be positioned at the most convenient, but secure, location to serve the parking space. The receptacle shall be installed in a location that is the least visible possible from any public right-of-way.

(5)

The receptacle shall be protected from flooding and other weather impacts and shall be located a minimum of two (2) feet above designated flood elevation or design flood elevation, whichever is higher.

(C)

All new multi-family residential developments (excluding two-family and townhouse residential) and all new residential mixed-use developments shall install electric vehicle charging infrastructure (as described in (B) above) and Level 2 or equivalent charging unit(s), effectively to create electric vehicle supply equipment space(s), at the time of construction of the residential units, as follows:

(1)

The number of charging units within the project shall be at the rate of ten (10) percent of the total number of residential parking spaces required by the land development code or as approved by the city manager after a review and recommendation of the development review committee.

(2)

If ten (10) percent calculates to less than one (1), at least one (1) electric vehicle charging unit shall be installed.

(3)

The charging unit shall be indoors and at an indoor garage parking space if the development has garage parking.

(4)

For developments that only have outdoor parking, the charging unit shall be positioned at the most convenient, but secure, location to serve the parking space. The charging unit shall be installed in a location that is the least visible possible from any public right-of-way.

(5)

A development has the option to provide Level 3 infrastructure and charging units with minimum one hundred (100) ampere service and four hundred (400) volts. The requirement for the number of charging units required in subsection (1) above would be reduced to five (5) percent of the total number of required residential parking spaces required by the land development code or as approved by the development review committee. If commonly available technology changes such that the level of electrical service needed for a Level 3 charger, or its equivalent, becomes lower than the minimum stated herein, the building official may provide a memorandum recommending a new lower standard to the city manager for approval.

(6)

The charging unit shall be protected from flooding and other weather impacts; its charging outlets shall be located a minimum of two feet above designated flood elevation or design flood elevation, whichever is higher.

(D)

An electric vehicle charging unit sign shall be posted at each electric vehicle charging unit stating, "Electric Vehicle Charging Unit." Signs shall be no greater than in face area than twenty-four (24) inches by eighteen (18) inches. Color and letter size specifications shall meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for sign designation (electric vehicle charging).

(E)

Electric vehicle charging plan. Per the requirements of section 24-80(B)(4), a parking plan that accurately depicts the location of all electric vehicle infrastructure and charging units shall be provided and approved as part of zoning review for the proposed construction project.

(F)

Adjustments. If a situation arises whereby the requirements to provide charging units as required by subsection (B) or (C) above cannot be met due to extenuating circumstances, the development review committee (or a subcommittee thereof) is authorized to grant an adjustment to the strict application of this subsection.

(G)

Applicability. The provisions of this section shall apply to applications for residential building permits submitted after June 30, 2022.

(Ord. No. O-2022-007, § 2, 4-20-22)

(A)

Purpose. The purpose of this section is to provide for the orderly use of residential premises for certain customary home occupations. It is further the purpose to assure that none of the residential ambience of a neighborhood is modified or in any way diminished by the presence of said home occupation.

(B)

Definition. Home occupations are home-based businesses that operate from a residential property as provided in this section. Such occupations are incidental and secondary to the principal use of the premises as a residence, as defined in this Section. Home hobbies where service or products are not sold are not considered home occupations.

(C)

Design and performance standards.

(1)

Permitted or conditional use: The home occupation shall be listed as a permitted use or conditional use in section 24-41 master business list and shall have all state licenses and business tax receipts as required by Chapter 7, Article II of the Code of Ordinances. If the home occupation is only listed as a conditional use in section 24-41 master business list, said use shall also be classified as a conditional use when conducted as a home occupation in a residential zone and shall be subject to approval pursuant to section 24-165 conditional uses. Any automobile related uses shall also be operated in conformance with the requirements of section 24-79(A)(10) regardless of location within the city.

(2)

Maximum area of use: The activities of the home-based business shall be subordinate and secondary to the property's use as a residential dwelling, as determined by the director of community and economic development or his/her designee.

(3)

Signs: No signs shall be permitted on property occupied with a home occupation.

(4)

Equipment: No chemical, mechanical or electrical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes. Machinery that causes noises audible to neighbors, or that causes interference in radio or television reception shall be prohibited. There shall be no parking or storage of heavy equipment at the business which is visible from the street or neighboring property. As such, any equipment kept on site related to the business must be kept within a fully enclosed building and not be visible from the street or any surrounding property. The term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery.

(5)

The stock in trade: The home occupation may not conduct retail transactions at a structure other than the primary residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(6)

Residential character: As viewed from the street, the use of the residential property shall be consistent with that of a typical residential dwelling to include architecture, parking, on-site activity, and noise. Any modifications made to a residential dwelling to accommodate a home occupation must conform to the residential character and architectural aesthetics of a typical residential dwelling, as determined by the director of community and economic development or his/her designee.

(7)

Employees: The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

(8)

Parking. The need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. As such, any parking needed to support the business must be provided on site. Parking of commercial vehicles shall be in compliance with section 24-64—parking of recreational and commercial vehicles. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unpaved surface at the residence.

(9)

Compliance with Codes. All home occupations shall fully conform with the City of Oakland Park Code of Ordinances and be located within a structure that fully conforms with Florida Building Code.

(10)

Limitation of permitted uses: No operation shall be allowed which emits such quantities of dust, dirt, noise, smoke, odors, fumes, vibrations, radioactive waves or substances, or abnormal explosion hazards which present a threat to the public health, welfare and safety of the residents of the surrounding area. See also section 24-41(D)(11), master business list.

(11)

Any automobile related uses shall also be operated in conformance with the requirements of sections 24-41(D)(12) and 24-79(A)(10) regardless of location within the city.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-2022-018, § 2, 6-15-22)

(A)

Purpose. Flexibility acres may be applied for the purpose of rezoning land designated in a commercial land use category by the city future land use plan map to a residential zoning district; for the purpose of rezoning land designated in a residential land use category by the city future land use map to a permitted commercial zoning district; and for the purpose of rezoning land designated in an industrial land use category by the city future land use plan map to a commercial zoning district, other than major employment centers.

(B)

Conditions for granting flexibility acres.

(1)

Compliance with the flexibility provisions contained in section 2.5 of the Broward County Administrative Rules Document, as amended.

(2)

A filing fee shall be paid in accordance with the land development fee schedule.

(C)

Action by the planning and zoning board and city commission. Subsequent to the review by the community development department, the application, the department's recommendation and the required rezoning application, if applicable, shall be submitted to the city commission for consideration after recommendation by the planning and zoning board. The city commission and planning and zoning board shall consider the application at public hearing.

(Ord. No. O-98-11, § 2, 7-1-98)

In all districts, projections from building walls of window sills, belt courses, balconies (front of structure only), front porches, bay windows, dormer windows (maximum six (6) feet wide with a minimum of four (4) feet of space between each dormer), cornices, eyebrows, eaves, hurricane shutters, awnings or other architectural ornamental features may encroach up thirty-six (36) inches for all yards and not in excess of six (6) feet for front porches in front yards but not in excess of one-third (1/3) into a required setback for non-street-side side yards or rear yards.

(Ord. No. O-98-11, § 3, 7-1-98; Ord. No. O-2012-019, § 3, 10-3-2012; Ord. No. O-2020-008, § 2, 6-17-20)

(A)

The development review committee may, in conjunction with site development reviews of downtown mixed use district, federal highway mixed use business and entertainment district and mixed use land development projects, consider a request to modify the setbacks or yards as required by the respective land development code provisions, and may recommend to the planning and zoning board and city commission approval of such request provided that the criteria set forth below are met.

(B)

Commission consideration of yard modification shall take place at a duly noticed public hearing and according to quasi-judicial procedures.

(C)

No modification of required yards or setbacks shall occur except according to the following criteria:

(1)

By adjusting the location of the structure on the site, an architectural and/or engineering study can graphically demonstrate that a superior site development as relating to shadows and/or compatibility with adjacent low density residential neighborhoods will result from such adjustment; or

(2)

By adjusting the location of the structure on the site it is found that:

(a)

There is continuity of yards between the proposed development and adjacent properties; and

(b)

There is continuity of architectural features with adjacent properties which encourages public pedestrian interaction between the proposed development and the public street; or instead of (a) and (b) above, it is found that:

(c)

There is continuity of architectural features with adjacent properties; and

(d)

There is continuity of urban scale, including height, proximity to the street and relationship of building size, with adjacent properties.

(D)

Additional requirements for modification of required yards:

(1)

All other land development code requirements are met.

(2)

The intent and spirit of the dimensional regulations of the applicable district concerning yards as relating to air, light and shadow is maintained.

(Ord. No. O-2007-011, § 2, 5-2-07)

(A)

Purpose. The supplemental regulations contained herein are only applicable to the areas that were annexed into the City of Oakland Park from Unincorporated Broward County in 2005.

(1)

For each net acre of property reflected in a subdivision plat or site plan for construction of one-family, two family or townhouse dwellings in R-1A, R-1B, R-1C, RD-10 and RM-5 submitted for plat review after the effective date of this article, common open space for active or passive recreation areas or water retention areas shall be reserved and supplied as follows:

(a)

For each net acre of property reflected in a subdivision plat or site plan, a minimum of thirteen thousand five hundred sixty (13,560) square feet of plot area;

(b)

For plots containing less than one net acre, a minimum of twenty (20) percent of the plot area;

(c)

For lots platted prior to the effective date of this article or recorded in the public records as an individual plot, no common open space shall be required, provided the lots are not further subdivided.

(2)

A reduction in the size of such reserved areas shall be permitted for one-family, two-family or townhouse dwelling developments if one or more individual plots are increased above minimum plot area at a ratio of one (1) square foot increase in residential plot area to one (1) square foot decrease in common open space area.

(3)

Such areas must be specifically delineated on the recorded subdivision plat or approved site plan and shall be conveyed by any of the following procedures:

(a)

The acceptance of a deed to such land by the Board of County Commissioners of Broward County;

(b)

The sale, lease or other disposition of such property to a nonprofit corporation, such as a homeowners association, chartered under the laws of Florida, to administer and maintain the facilities and land or water areas.

(c)

The inclusion of a portion of said property in the deeded lots or descriptions of individual purchasers subject to an acceptable deed restriction limiting that portion to the use outlined in the approved site plan and recorded in the public records. Access rights for all residents within the development shall be guaranteed.

(4)

Easements. No permanent structure except a wood or chain link fence shall encroach upon or into any easement of record. No structure or use shall encroach upon or obstruct access through any easement specifically granted for ingress or egress purposes.

(5)

Double frontage. Where a plot is bounded on two (2) opposite sides by public or private rights-of-way or streets with no platted non-vehicular access line or landscape easement on one of the two (2) sides, front yards shall be provided on both such sides. Accessory buildings shall not be located in either front yard. This provision does not apply to a yard where a masonry wall six-feet tall or taller separates that yard from the public or private rights-of-way or street.

(6)

Yard encroachments. All required yards shall be open and unobstructed from ground to sky except as follows or as otherwise permitted in this article for zero (0) lot line developments:

(a)

Sills, columns, ornamental features, chimneys, eaves, balconies, bay windows, dormer windows (maximum four (4) feet wide), and awnings may project thirty-six (36) inches into a required yard. Front porches are permitted to project up to six (6) feet into a required front yard.

(b)

Fire escapes, stairways, balconies or canopies which are unenclosed, and air conditioning units, above ground pool equipment, generators, and similar mechanical equipment may project forty-two (42) inches into a required side or rear yard. Any encroaching equipment shall have a noise rating of less than fifty-five (55) decibels measured from the closest adjacent property or shall be enclosed in sound deadening material reducing its noise to that level. Equipment shall be maintained, so its noise level does not increase above this limit.

(c)

An unenclosed and unroofed patio or deck not higher than the first floor level of the principal building may be located in any required yard which is not contiguous to a street to within five (5) feet of a plot line. A ground-level slab or patio may be located within fifteen (15) feet of a front plot line.

1.

Walkways not exceed[ing] five (5) feet in width may be installed on interior side yards and on sides contiguous to a street provided the walkway is adjacent to the dwelling.

(d)

On a plot containing a one-family detached or two-family dwelling, side and rear yards not abutting a street may be reduced to five (5) feet for accessory uses and buildings.

(e)

Accessory buildings may not exceed one (1) story on any plot containing a one-family detached dwelling.

(f)

Accessory buildings shall not exceed half the height of any principal building on plots containing two-family or multiple-family dwellings. On any plot containing grouped dwellings of varying heights, accessory buildings shall not exceed half the height of the lowest building on the plot.

(g)

The distance between any principal and accessory buildings on the same plot, where the accessory building is higher than one (1) story, shall be half the height of the highest principal building.

(h)

The aggregate floor area of all accessory buildings shall not exceed five (5) percent of the plot area.

(i)

No accessory building shall contain more than fifty (50) percent of the floor area of the principal building.

(7)

Fences, walls and hedges. Fences, walls, or hedges may be erected, planted, and maintained upon any plot line and in required yards of residentially-zoned property to a maximum height of six (6) feet, except as follows:

(a)

On a lot line not at a corner, where a residential plot abuts commercial or industrially-zoned property, a fence, wall, or hedge may be a maximum height of eight (8) feet.

(b)

On a corner lot, no opaque fence, wall or hedge may exceed thirty (30) inches within twenty-fived (25) feet of the intersection of the front and side street property lines.

(c)

Barbed wire, electrified or razor wire fences, or barbed, electrified or razor wire-topped fences or walls are prohibited on any residentially-zoned property.

(d)

Fence height shall be measured from the established grade.

(8)

Commercial vehicles.

(a)

It shall be unlawful to park or store any commercial vehicle or equipment on public or private property in all residential zoning districts, except for the following:

1.

One (1) commercial vehicle weighing five thousand (5,000) pounds or less may be parked or stored in a carport or garage, or in a side or rear yard if completely hidden from view of all adjacent properties.

2.

Nothing shall prohibit the temporary parking of any commercial vehicle or equipment while its owner or operator is performing lawful and authorized public or private work as follows:

a.

Tradesmen performing service or construction work or making deliveries of merchandise or household items;

b.

Public utility service work or emergency vehicles, including law enforcement vehicles.

(9)

Reserved.

(10)

Repair and maintenance of vehicles.

(a)

Mechanical repairs to private passenger vehicles, trucks, boats, trailers, and recreational vehicles shall be permitted only inside a residential enclosed garage belonging to occupants of the dwelling.

(b)

Only minor repairs limited to tire, battery, or oil replacement may be performed in a carport or in the open air.

(c)

No storage of parts or equipment shall be permitted at any time outside of a garage or carport, or located on a driveway nor shall any vehicle be left in a state of disrepair or on floor jacks or any other supportive device outside of a garage, carport, or left on a driveway for a period of time exceeding twenty-four (24) hours.

(d)

Auto body work and painting of any vehicle, motorcycle, boat, RV, camper or trailer shall be prohibited in any residential area.

(e)

Any repair or maintenance of vehicles conducted pursuant to this section shall conform to all other provisions of the Land Development Code.

(11)

Grouped housing. Where two (2) or more separate buildings for dwelling purposes are erected on the same plot, minimum front, side and rear yards shall be provided around the perimeter of the plot as required by this Code. The distance between such buildings shall be at least half the height of the higher of the two (2) buildings, but not less than ten (10) feet.

(12)

Minimum space and basic facility requirements for dwelling units. No person shall occupy or allow occupancy of any dwelling unit which does not comply with the minimum standards specified herein.

(a)

Requirements for space.

1.

Each dwelling unit shall have a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant and not less than one hundred twenty (120) square feet for each additional occupant, of which forty (40) square feet shall be bedroom area, thirty (30) square feet shall be dining area, and fifty (50) square feet shall be living area.

2.

Every room in a dwelling unit shall have a gross floor area of not less than seventy (70) square feet and, when occupied by more than one occupant, shall have a gross floor area of at least fifty (50) square feet for each occupant. Every room shall have a minimum width of eight (8) feet.

3.

Gross area shall be calculated on the basis of total habitable room area defined as follows:

Habitable room area: The total floor area of a dwelling unit excluding closets, bathrooms, garages, utility rooms, storage areas, and rooms not accessible from the interior of the dwelling unit.

4.

Every dwelling unit shall have a minimum of twelve (12) square feet of floor area of closet space for the first bedroom and six (6) square feet of floor area for closet space for each additional bedroom. Kitchen closet space shall not be considered as meeting this requirement. All clothes closets must have a shelf and rod.

(b)

Basic sanitary facility requirements.

1.

Each dwelling unit shall have not less than one (1) flush water closet, one (1) lavatory basin, and one (1) bathtub or shower for each six (6) persons, or fraction thereof, residing in the dwelling unit.

2.

Urinals shall not be substituted for water closets.

3.

All toilet and bath facilities shall be accessible from the interior of the dwelling unit.

(13)

Residential district off-street parking.

(a)

Composition: Unless otherwise specifically permitted herein the required off-street parking areas, access aisles and driveways shall be constructed of at least a six-inch course of native limerock, surfaced with asphaltic concrete or portland concrete. Brick or interlocking pavers may be utilized for one-family and two-family dwellings, and townhouses with attached carports or garages as parking and driveway facilities. The permitted paving surface shall be maintained in a smooth and well-graded condition. Off-street parking areas shall be designed to ensure safe and efficient traffic circulation. The parking facilities shall be of sufficient size to allow necessary functions for loading, unloading and parking maneuvers to be carried out on private property, and completely off the street right-of-way.

(14)

Definition of story: A habitable area of a building horizontally enclosed by the exterior walls of the building, with a vertical clearance between the floor and ceiling of at least seven and one-half (½) feet. Any upper story which does not exceed two-thirds (⅔) of the area of the first floor level shall not be considered a story except for determining the height of the building. For the purposes of determining the height of a building, a story shall be considered to be every ten (10) feet of building height above first floor level measured from the exterior elevation. For purposes of determining the height of a structure other than a building, a story shall be each ten (10) feet in height of the structure above the established grade.

(Ord. No. O-2009-002, § 2, 2-4-09; Ord. No. O-2009-008, § 2, 4-1-09; Ord. No. O-2011-013, § 3, 6-15-11; Ord. No. O-2012-019, § 4, 10-3-12; Ord. No. O-2020-008, § 2, 6-17-20; Ord. No. O-2025-001, § 4, 1-15-25)

(A)

Purpose and intent. It shall be the purpose and intent of this section to:

(1)

Establish and define minimum standards for the proper care and maintenance of public and private, residential and nonresidential properties within the City of Oakland Park and the swale areas contiguous to such lands, to provide an environment (including but not limited to) free of junk vehicles and trailers, watercraft, vessels and boats, junk, litter, garbage, debris, trash, abandoned personal property, overgrown groundcover and hedges, graffiti and un-maintained buildings or structures, to preserve the public health and safety, protect and enhance property values, avoid blighting influences and enhance the quality of life in the city;

(2)

Establish procedures for the abatement of unsanitary and unsafe conditions and by avoiding blighting influences created by the accumulation of junk, litter, garbage, debris, trash, abandoned personal property, overgrown groundcover and hedges, and un-maintained buildings or structures on lands;

(3)

Encourage the use of approved landfill and resource recovery sites by clarifying the duty of property owners to take reasonable precautions to prevent, discourage or eliminate unauthorized dumping of junk, litter, garbage, debris or trash upon lands; and

(4)

Require residential and nonresidential property owners of real and personal property to be responsible for the costs of removal of junk vehicles and trailers, items, watercraft, vessels and boats, litter, garbage, debris, trash, graffiti, abandoned personal property, and overgrown groundcover and hedges exceeding the permitted height to avoid blighting influences.

(5)

This section shall not be construed to:

(a)

Discourage property owners from planting, preserving or maintaining native vegetation in its natural state upon their land;

(b)

Discourage property owners from appropriate residential gardening composting.

(c)

Prohibit the collection of garbage or recyclable materials in authorized receptacles for collection by authorized garbage and trash collectors or authorized collectors of recyclable materials; nor the placement of debris in the swale area for a reasonable time, not to exceed seventy-two (72) hours prior to the date for a special bulk collection by an authorized garbage or trash collector.

(6)

In order to restore, enhance, and maintain the health, safety, and welfare of properties within the city and promote an attractive community in which people may reside and do business, this section is intended to apply to all existing residential and non-residential buildings and structures on developed properties and to all undeveloped properties within the City of Oakland Park.

(B)

Definitions. In addition to the terms defined in article XVIII, "Definitions," the following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning.

Blighting influence. The means of any physical condition of property which due to poor maintenance directly and indirectly causes a reduction in the value of surrounding residential and nonresidential properties.

Debris. Waste materials resulting from the construction or demolition of structures or buildings or waste accumulation of lawn, grass, shrubbery, tree trimmings, fruit or other matter usually created as refuse in connection with trees or other landscape plants.

Garbage. Every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other organic matter, which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as a breeding or feeding material for flies, insects or animals.

Junk items. Wrecked, dismantled, partially dismantled or discarded items including, but not limited to, tires, machinery, appliances, plumbing fixtures, household items, unusable construction materials, scrape materials and other similar items which are inoperable, unusable or in deteriorated condition.

Junk property. Junk items, junk vehicles and trailers, trailers and junk watercraft, vessels and boats, as those terms are defined herein.

Junk vehicles, trailers, watercraft, vessels and boats. Vehicles, trailers or watercraft, vessels and boats which are wrecked, dismantled, partially dismantled or discarded, which are inoperable or in a severely deteriorated condition and are not in a movable condition. Parking or storage of a vehicle, trailer or motorized type watercraft, vessels and boats without a currently valid license or tag registered and affixed to the vehicle, trailer or watercraft, vessels and boats shall be evidence that the vehicle, trailer, watercraft, vessels and boats is not in movable condition.

Litter. Discarded paper, paper or plastic products, and containers of any kind.

Outdoor storage. The storage of items such as boats, vehicles, recreational vehicles, contractor supplies, construction materials, and other similar items outside of an enclosed building for more than twenty-four (24) hours and that are accessory to the use of the property, except as provided for in section 24-150(I), City of Oakland Park Code of Ordinances.

Overgrown groundcover. Grass, weeds, and other low-growing plants, except native vegetation, that by the nature of their own horizontal growth habits, cover the ground, and which are not regularly cared for and maintained, and grow in an unrestricted manner exceeding nine (9) inches in height.

Portable recreational equipment. Including but not limited to basketball hoops, backboards, skateboard ramps, hockey goal nets and soccer goal nets.

Storm shutters. Any window or door covering designed, intended, or used to protect the window or door opening from wind and flying debris damage during a windstorm. Examples include, but are not limited to, plywood panels, aluminum panels, steel panels, polycarbonate panels, movable awnings, and "accordion shutters."

Swale. That portion of a street intended to provide drainage that lies between private property (or in the case of a private road, private property lying outside of an ingress/egress easement) and the actual pavement of the street.

Unmaintained buildings and structures. Any building or structure that is being maintained in a state of disrepair.

Trash. Every waste accumulation of sweepings, dust, rags, cartons or any other such discarded material, except garbage, junk, and litter.

(C)

Public nuisances. The following are prohibited as public nuisances and causing blighting influences: the open storage or discarding of junks and trailers, watercraft, vessels, boats, junk items, household appliances (operable and inoperable) debris, garbage, trash, abandoned personal property, graffiti and litter; except in facilities approved by the city for storage or discarding of such items or materials, the existence of overgrown groundcover or vegetation, un-maintained buildings and structures within the city, and the covering of windows and door openings with storm panels in violation of section 24-79(E)(7). Such storage, discarding and conditions have been determined by the city commission to constitute a public nuisance in that such items create an eyesore to the community, become a breeding ground for rats and other vermin, create an attractive nuisance to children, lead to the further accumulation of junk, garbage, trash, litter, and debris, and contribute to the deterioration of both residential and nonresidential areas. The city commission has further determined, in accordance with Florida law, that the failure of a property to contain the quantity of storm water it is required to contain by the applicable drainage district standards and Land Development Code (LDC) shall constitute a nuisance, in that the premature runoff of storm water onto adjacent properties and rights-of-way contributes to flooding conditions which interferes with the enjoyment of property, damages structures and vegetation, and impedes the safe use of streets.

(1)

The city commission has determined that the removal of overgrown groundcover and hedges, junk items, trash, garbage, litter, graffiti, abandoned personal property and debris after providing notice to the property owner and a reasonable period of time of ten (10) days in which to remove the items is an appropriate means of avoiding blighting influences and furthering the health, safety and welfare of the citizens of the City of Oakland Park.

(2)

The city commission has determined that the removal and destruction of junk vehicles and trailers, watercraft, vessels and boats and abandoned personal property from private property after the reasonable opportunity for a hearing is an appropriate means of avoiding blighting influences and furthering the health, safety, and welfare of the citizens in the city.

(D)

Outdoor storage in residential districts.

(1)

No residential land use or trailers shall be used for the storage of building materials or construction equipment except when incidental to construction operations for which a building permit is in effect.

(2)

The only items that may be stored by the resident of the subject property in the open air or in a trailer in a residential zoning district are:

(a)

Usable lawn, garden or pool furniture or equipment, barbecues, toys, recreational sports equipment, bicycles, solid waste carts, recycling containers or trash cans.

(b)

Permitted locations of solid waste carts, recycling containers or trash cans that are visible from a street on days when service is not being provided are:

1.

Behind the façade that is farthest away from the street.

2.

On a corner property they may not be stored on the side that faces a street.

3.

Carports.

(3)

The open air storage of junk, debris, junk vehicles and trailers, watercraft, vessels and boats or any other item which is not specified in section 24-79.1, subsection (B), shall be subject to removal as provided in article V, "supplemental regulations, property maintenance/outdoor storage and junk or abandoned property" of this Code.

(4)

Storage or parking of private passenger vehicles in residential zoning districts shall be in accordance with article VI, off-street parking, loading and access, and article V, supplemental regulations, property maintenance/outdoor storage and junk or abandoned property.

(5)

Portable recreational equipment may be placed and stored in the residential front driveway, but shall conform to (a) below.

(a)

Portable recreational equipment shall not be placed or stored in the road right-of-way.

(E)

Duty to maintain property.

(1)

It shall be the responsibility of all residential and nonresidential property owners in the city to maintain their property and contiguous swale free of junk vehicles and trailers, watercraft, vessels and boats, junk items, garbage, trash, litter, debris, graffiti, abandoned personal property, and un-maintained buildings or structures in order to avoid blighting influences.

(2)

The open storage of debris, garbage, trash, litter, junk vehicles and trailers, watercraft, vessels and boats shall be permitted only on property where such storage is a permitted use or a valid nonconforming use and the property is maintained and operated in accordance with all applicable zoning, land development, health, and environmental regulations.

(3)

Junk vehicles and trailers, watercraft, vessels and boats and junk items may be stored on residential property only within a permitted completely permanent enclosed structure (not in carports) in a manner so that the junk vehicles and trailers, watercraft, vessels and boats and junk items are not visible from other public or private property and does not create a health hazard. Such storage shall only be permitted as an accessory use.

(4)

It shall be the responsibility of all residential and nonresidential owners of parcels of land to maintain such lands and contiguous swales free of overgrown groundcover and hedges.

(5)

It shall be the responsibility of all residential and nonresidential property owners of developed land to maintain buildings or structures on their property in a state of good repair. "State of good repair" shall mean:

(a)

Concrete block (CBS) masonry structures. All CBS structures shall have no surface exposed to prevent penetration of moisture and mildew and must be of a finished material, including brick, stone, tile, clear coat sealant, primer paint, exterior paint, painted or tinted stucco, wood, plastic or painted metal siding.

(b)

Exterior surfaces. Exterior surfaces of all premises and every structure on the premises, including all parts of the structure and appurtenances, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration or inadequate maintenance.

(c)

Exterior surface maintenance. All residential and nonresidential buildings and structures exterior wall surfaces shall be kept free of discolored or chipped paint, free of graffiti and shall be maintained in good repair and good condition to prevent deterioration, and must be repainted, recovered, or cleaned when fifty (50) percent or more of any exposed, single distinct surface area becomes discolored or has peeling or chipping. Patchwork painting shall be prohibited.

(d)

Doors and windows. All residential and nonresidential building door and window openings on occupied or unoccupied buildings shall be covered by windows and doors in working order with no cracks, holes or other signs of disrepair.

(e)

Accessory structures. Any residential and nonresidential accessory structures on a plot, including but not limited to, attached or detached carports and garages, awnings, screen porches, utility buildings, and wood decks, shall be maintained free of visual disrepair, including but not limited to, bent, broken or missing fence posts, slats or other fencing materials, cut or missing mesh screening or broken or missing decking materials. All residential and non-residential signs shall be maintained in accordance with requirements of article XI, section 24-150, "supplemental regulations."

(6)

It shall be the responsibility of any residential and nonresidential property owner and the authorized occupant of public property to maintain the premises free of any junk vehicles and trailers, items, watercraft, vessels and boats, debris, trash, garbage, abandoned personal property, graffiti, and litter, except for junk vehicles and trailers, watercraft, vessels and boats stored within a building or other facility approved by the governmental authority having jurisdiction over such public property in order to avoid blighting influences.

(7)

It shall be prohibited to cover any window or door opening with storm panels/shutters prior to the beginning of the Atlantic Hurricane Season on June 1 of each year, and after the conclusion of the Atlantic Hurricane Season on November 30 of each year. This requirement shall not apply should the National Hurricane Center declare a tropical storm watch for the area encompassing Oakland Park in any period preceding or following the Atlantic Hurricane Season, provided that the panels, excluding shutters, shall be removed and properly stored, hidden from view of adjacent properties and streets, within thirty (30) days after issuance of the tropical storm watch. Should the federal government declare that the city is a disaster area eligible for federal aid following a tropical storm event, the city commission may, by resolution, extend the period for which storm panels may be utilized. In addition, an exception is provided pursuant to chapter 1, section 104.19.2.8.8 of the Florida Building Code in relation to unoccupied structures or buildings in which windows or door openings are covered to secure the property from entry by unauthorized persons.

(F)

Procedure for violations; notices. The procedure for violations and notices shall be pursuant to section 24-234, "code enforcement board."

(G)

Citywide outside storage area requirement for non-conforming properties in Commercial (B-1, B-2 and B-3) and Light Industrial (I-1) Zoning Districts.

(1)

Purpose and intent. Providing for compliance with the outside storage area requirements of article V, section 24-79.1. Property maintenance/outdoor storage and junk or abandoned property, of the city's Land Development Code for all Commercial (B-1, B-2 and B-3) and Light Industrial (I-1) zoned properties by July 3, 2020, excluding properties owned by the School Board of Broward County and the federal government.

(a)

Outside storage areas. All existing Commercial (B-1, B-2 and B-3) and Light Industrial (I-1) zoned properties that have outside storage areas shall be fenced from view, completely enclosed as viewed from the street or right-of-way and all other adjacent properties by a vision-obscuring fence or wall a minimum of six and one-half (6½) feet in height and with a maximum height of eight (8) feet. All openings shall have gates with vision-obscuring materials.

(b)

Compliance period. All Commercial (B-1, B-2 & B-3) and Light Industrial (I-1) zoned properties with outside storage areas shall bring the subject real property into compliance with this section of the Code of Ordinances no later than July 3, 2020, which shall include obtaining all required permits and completing the work.

(c)

Permitted height for items and materials stored in enclosed areas. The allowable height for items and materials stored in properly walled or fenced areas shall not exceed the height of the fence or wall unless such materials, equipment or vehicles are essential to the business. For example, a boat repair and/or sales business may store boats that exceed the height of the wall or fence. Construction equipment and vehicles that exceed the height of the wall or fence are permitted provided there is an active and valid permit issued by the appropriate governmental entity for construction activity at that location.

(H)

Fencing materials permitted. Masonry walls, chain link fences with either a vinyl coating and vinyl slats, aluminum slats, fiberglass slats; or polyvinyl chloride (PVC) fencing and/or board on board/stockade wood fences. No solid color mesh fencing type materials will be permitted with chain link fences. No barbed wire or razor wire is permitted on fences within the B-1, B-2 and B-3 zoning districts. In the I-1 zoning district, barbed and razor wire may not be visible from any residential properties.

(I)

Maintenance. All outside storage areas and fencing must be maintained and kept in good repair at all times and graffiti free.

(J)

Procedure for violations; notices. The procedure for violations and notices shall be pursuant to F.S. ch. 162.

(Ord. No. 2011-001, § 2, 1-19-11; Ord. No. O-2012-019, § 5, 10-3-12; Ord. No. O-2017-011, § 2, 9-6-17)

(A)

For new construction, walls extending beyond a specified horizontal length of each exclusively residential building shall feature varying depths or projections through use of such features as bay windows, dormers, balconies, porches, alcoves, or recesses.

(1)

For front walls there shall be a maximum of twenty-five (25) horizontal feet of straight wall area between any variation in wall depth of at least two (2) feet or any projection extending at least two (2) feet.

(2)

For side walls more than fifteen (15) feet high and with an average side setback distance of less than ten (10) feet from any side lot line or any wall that faces a street side lot line, there shall be a maximum of thirty-five (35) horizontal feet of straight wall area between any variation in wall depth of at least two (2) feet or any projection extending at least two (2) feet.

(Ord. No. O-2020-008, § 2, 6-17-20)

(A)

For new construction, side windows on the upper story of any new building that are on a wall setback ten (10) feet or less from a side lot line shall not directly face or horizontally align with any windows on any adjacent residential building directly facing this wall and located within ten (10) feet of its side lot line. Such windows shall be off-set from the opposing window(s) by at least five (5) feet from the side edge of each window.

(Ord. No. O-2020-008, § 2, 6-17-20)

(A)

There shall be no light glare from an adjacent private property into any exclusively residential lot. A reading of greater than 0.5 foot-candle, measured at ground level, on the residential property in question constitutes intrusion of glare. All fixtures on properties abutting an exclusively residential lot shall be fully shielded or be designed or provided with sharp cut-off capability in order to minimize up light, spill light, and glare.

(Ord. No. O-2020-008, § 2, 6-17-20)