This chapter shall be known as the Land Development Code of the City of Parkland; and the regulations herein set forth shall apply to all of the land, improvements, structures and uses located or conducted in the city.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

The city has adopted its comprehensive plan, which establishes the overall goals, objectives, and policies relating to its future growth. It is the intent of the comprehensive plan to provide for the orderly growth of the city by ensuring that the services necessary to accommodate future growth will be available at the time they are needed. This chapter, to be known as the City of Parkland Land Development Code, is intended to implement the goals, objectives, and policies of the comprehensive plan by providing a mechanism and substantive requirements for the land use and zoning regulations of uses and development, for review of proposed development, and to establish specific development review requirements to evaluate the availability of essential services. This land development code is intended to implement the comprehensive plan and shall be construed in manner, to the extent legally permissible, to achieve that purpose. No development permit or development order shall be granted which is not consistent with the goals, objectives, and policies of the comprehensive plan, and this land development code.

B.

With regard to this land development code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the city:

1.

To establish the regulations, procedures and standards for review and approval of all proposed development in the city.

2.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the city in accordance with the comprehensive plan.

3.

To ensure the availability of adequate public utilities and facilities capacities concurrent with the impact of development.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

In order to more effectively protect and promote the general welfare and to accomplish the purposes of the city's comprehensive plan and this chapter, the city is divided into districts of such number, shape and area and of such common unity of purpose, adaptability and use that the common rights and interests of all will be protected and so as to promote improved wholesome, sightly, harmonious and economic results in civic service, activities and operations; and there are hereby imposed upon the land and structures located and uses to be conducted within such districts such further regulations as are necessary or appropriate to regulate, determine and establish: the density, location, use, bulk, height, extent, land coverage, occupancy, and design of buildings, structures, improvements and land to be used for commerce, industry, residential, community or other goals as are necessary and/or appropriate to achieve such purposes; street and block patterns, locations and width; provision of landscaped yards, recreation areas and other open spaces; density of population; uses, types, elevations and sizes of structures and improvements in those areas subject to seasonal or periodic flooding or storm damage so that danger to life and property in such areas will be minimized; signage size, type, quantity and location; number dimensions, arrangement, and location of off-street parking and loading spaces, and access thereto; public facility concurrency standards and procedures; and, procedures for review and issuance of development orders and permits. See also article 10, division 1, generally, for further treatment of the zoning map and interpretation of district boundaries.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any property in the city not shown on the zoning map as being in a zoning district is hereby classified as AE-1 (see also section 10-1010, purpose of district).

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Adopted. The City of Parkland Comprehensive Plan, including the map entitled "Future Land Use Plan of the City of Parkland," is hereby incorporated by reference herein and on file in the city clerk's office and is hereby adopted by the city commission as the comprehensive plan for the city. The City of Parkland Comprehensive Plan was adopted pursuant to the requirements and authority of F.S. ch. 163, part II. This land development code specifically incorporates and includes Policy 1.1.2 of the future land use element, as amended of the city comprehensive plan as it relates to compatibility as a requirement for review of all development permits. Policy 1.1.2 of the Future Land Use Element shall be considered as part of the land development code and compliance therewith a requirement for the issuance of all development permits and orders; provided that all goals, policies and objectives of the future land use plan shall be considered requirements of any application for a development permit and shall govern the city's review of such applications.

B.

Land use elements. The following elements contained within the comprehensive plan are hereby adopted by the city commission and are the required elements of the Local Governmental Comprehensive Planning and Land Development Regulation Act as found in F.S. ch. 163, as amended: Introduction and Background of the city; Community Goals; Policies; Future Land Use Element; Housing Element; Transportation Element; Infrastructure Element; Conservation Element; Capital Improvement Element; Intergovernmental Element; Parks, Recreation and Open Space Element; Community Facilities Element; and Public School Facilities Element.

C.

Certification. The Future Land Use Element of the City of Parkland Comprehensive Plan must be certified by the Broward County Planning Council in accordance with the Broward County Land Use Plan.

D.

Amendments. The comprehensive plan may be amended in accordance with the procedures and requirements of F.S. ch. 163, part II, the public notification procedures of this chapter, and the provisions of the Broward County Land Use Plan.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The comprehensive plan, which contains expressions of public policy in the form of generalized maps, standards, guidelines and policy statements, is declared to be the official long-range and comprehensive guide for the orderly growth and development of the City of Parkland, Florida. The comprehensive plan shall be the policy basis for this land development code. This land development code implements the objectives and policies of the comprehensive plan. This land development code shall be revised from time to time as necessary to ensure continued consistency with the amendments to the plan.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

All areas hereafter annexed into the city shall be included within the city's comprehensive plan and future land use element and thereafter zoned as deemed appropriate by the city commission.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The administrative official designated to administer and enforce this chapter is the planning and zoning director ("director") or its equivalent, in the event the position title may change, unless otherwise specified herein. All references to the director shall include any designee of the director.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The articles of this chapter, as initially adopted, are numbered in multiples of fives (5s) in order to allow for new articles to be added over time without requiring renumbering. For the same reason, divisions of article are also typically numbered in multiples of fives (5s) and sections are typically numbered in tens (10s) as initially adopted. All numbers in between such article, division and section numbers are deemed "reserved" for future use.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any law, regulation or rule that is referenced in this chapter shall include any amendments to said law, regulation or rule, and shall be read as if the term "as may be amended from time to time" is part of the reference.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Beginning and end of period. In computing any period of time prescribed or allowed in this chapter, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.

B.

Weekends and holidays. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

C.

Computation in months. When the period of time prescribed or allowed is measured in months, the period will run according to the number of months specified without regard for the number of days in each month, and shall end on the day of the last month of the prescribed or allowed period having the same numerical order as the day from which the computation is made. In the event that the last month of the period is too short to contain the day from which the computation is made, the period computed shall expire with the last day of such month. For example, if a four-month period commences on the 31st of May, it would end on September 30th since September has only thirty (30) days.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

When any of the distance or measurement requirements listed below are referred to in this chapter, such distance or measurements will be determined in accordance with this section unless otherwise specified in the provision that contains the measurement.

A.

Other jurisdictions. Any separation, distance limitation or setback required by this chapter shall be applied without regard to municipal boundaries, and shall be applied in the same manner as if the abutting jurisdictions were part of the city.

B.

Distance separations. Minimum distance separations required by this chapter shall be measured in a straight line, using the shortest airline distance between two (2) or more locations being measured (i.e. zoning boundaries, properties, buildings, portions of buildings, entrances to buildings, etc., as applicable to each specific provision).

C.

Fractional measurements.

1.

When units or measurements result in a requirement of a fraction, any such fraction equal to or greater than exactly fifty (50) percent shall require the full requirement, unless otherwise provided in the code.

2.

When calculating density, any fraction of a unit shall be rounded down to the nearest whole number.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Third-party restrictions. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, where this land development code imposes a greater restriction upon the use of buildings premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall control.

B.

Other laws. Where this chapter includes regulations on the same point as contained in any other law or ordinance, the provisions of this land development code shall govern unless otherwise prohibited by law; except that where the regulations of the other law or ordinance are more restrictive than those of this chapter, the other shall govern.

C.

Internal conflict. Where there is a conflict between any regulations within this chapter, the most recently adopted provision shall govern. In the case of provisions adopted concurrently but still in conflict, the more restrictive standard shall apply.

D.

Numeric standards. Where the numeric and spelled-out expressions of a given standard contained within this land development code are not in agreement, the stricter and least permissive of the two (2) shall prevail. For example, if a minimum yard requirement is expressed as "twenty-five (5) feet," the text, "twenty-five feet" prevails, and if, for example, a maximum height requirement is expressed as "twenty-five (20) feet," the numeric expression, "(20)" prevails.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

In interpreting and applying the provisions of this land development code, they shall be held to be the minimum requirements for the protection, promotion, and improvement of the public health, safety, and general welfare of the community.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Except as otherwise provided, the minimum lot area, yards and other open spaces and required areas, including the intensity of use provisions contained in this land development code, for each building erected, added on to, reconstructed or structurally altered subsequent to the enactment of this land development code, shall not be encroached upon or considered as a compliance with lot area, yard or open space requirements, or intensity of use requirements, for any other lot or building.

B.

Unless otherwise provided, no lot area, yard or other required space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this chapter; and if already less than the minimum required by this chapter for a new structure or use, said area or dimension shall not be further reduced.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Should any article, section, clause or provision of this land development code be declared by a court to be invalid, the same shall not affect the validity of the land development code as a whole or any part of the land development code, other than the part so declared to be invalid.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Permit issued. Any building, structure or improvement for which a lawful building permit has been issued prior to the effective date of the ordinance from which this chapter, or any amendment hereto, is derived, may be completed and used in accordance with the plans and specifications upon which said building permit was granted, and such rights shall continue during the life of the permit; provided that if the applicable building permit shall expire or shall be lawfully revoked, such rights shall be lost.

B.

Application but no permit. Any application for a building, structure, improvement, or use that has been submitted to the city, and which the city has formally determined to be complete, or which the city has reviewed, approved, or both prior to the effective date of this chapter or amendment hereto, shall continue to be required to meet the code regulations in effect at the time of such determination of completeness, review or approval.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The provisions of the land development code are waived and shall not be applied to the City of Parkland municipal projects, structures or facilities whether the projects, structures or facilities are owned or financed in whole or in part by the city. The city commission may waive, in whole or in part, the requirements of this chapter for the projects, structures and facilities of any governmental entity whether the projects or facilities are owned or financed in whole or in part by the governmental entity. The provisions of the code are not intended, and shall not be construed, to preclude the use of any property owned or controlled by the city for public purpose uses.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Development order required prior to permit issuance. Any application for a development permit required or authorized under this chapter shall require an effective development order to be granted prior to issuance of the development permit. No permit may be issued that is inconsistent with a development order.

B.

Withholding of development order or permit. The city shall withhold issuance of development orders and permits when:

1.

There are outstanding code violations on a property, and the property owner has not entered into an order or been found in compliance by the city. Development orders and permits necessary for correcting the violation are not subject to this provision. Any violation of a previously approved development order or permit, including any condition of approval attached thereto, shall constitute such a violation.

2.

The applicant has any delinquent special assessment, utility, code compliance, or other lien by the city against said real estate involved, or any other real estate owned by the applicant or owned by the applicant at the time of the creating of the lien.

In the event of such violations or delinquency, the application for development order or permit shall be administratively processed to completion, but shall not be approved, and applications requiring a public hearing shall not be scheduled for public hearing, until the delinquent lien or assessment has been fully paid, and the violation has been placed into compliance.

C.

Expiration. Any permit or development order issued pursuant to this chapter, for which an expiration timeframe is not established in this chapter, shall be valid for a period of one hundred eighty (180) days from the date of issuance unless a different expiration is otherwise provided by official action of the city commission or special master. The planning and zoning director may renew such a permit or development order for one (1) additional six-month period subject to compliance with current requirements of the code in effect at the time of application for renewal. After the date of expiration, the development order shall be null and void. A new development application shall be filed and shall be subject to the current requirements of the chapter. Expiration and extension of building permits are under the jurisdiction of the building code.

D.

Denial. When the planning and zoning director or other administrative official responsible for making a determination under this chapter determines that the applicant's proposed development will not meet the requirements of this chapter, such official shall reject the application for permit, and the applicant may appeal for a reversal of the decision pursuant to article 55, division 15, appeal of administrative decisions. The refusal shall be written and state the reason for denial.

E.

Revocation after violation. In the event any person violates any of the conditions of a city permit, or any of the provisions of the Code of Ordinances, the city commission may revoke or modify the permit, after conducting a public hearing on the matter for which the city shall notify the permittee in writing at least ten (10) days prior to the hearing.

F.

Revocation due to misrepresentation or withholding of information. Misrepresentation or withholding of information by an applicant or party to an application, whether intentional or not, shall provide grounds for revocation of any approvals or permits issued based in any part upon the misrepresentation or withheld information.

G.

Fees.

1.

Development permit fees shall be adopted and amended by the city commission from time to time by resolution which shall be kept on file in the city clerk's office.

2.

Applications initiated by the city are exempt from the provisions of this section.

3.

Charitable, nonprofit organizations may apply for a waiver of the fees contained in this section. Said application shall be on a form provided by the city and shall contain the following information: Name; address and representative of the charitable organization; copy of current nonprofit registration with the state; and, grounds on which application of said fees would work an unnecessary hardship on the organization.

4.

The commission may waive the fees contained in this section upon a showing by the charitable organization that said fees are a hardship on said organization and that the city's staff time will not be unduly burdened by the application. The commission may choose to waive the fee entirely or adjust the fee downward upon a showing that staff time will not be unduly burdened. In such case the commission shall appropriate monies from the general fund to reimburse the appropriate fund for the fees being waived.

5.

Applications initiated by the city are exempt from the provisions of this subsection.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Certificate of occupancy required. It shall be unlawful to use or permit the use of any building or premises thereon hereafter created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy is issued by the building official.

B.

Improvements to be made prior to issuance. No certificate of occupancy shall be issued for any principal building unless and until all improvements required by plat, and all improvements shown on the approved site plan, including, but not limited to, common recreational facilities and amenities, have been provided and have passed final inspection by the city, except as follows:

1.

For plats and site plans approved for construction in phases by the city commission, this requirement shall apply to the particular phase in which the certificate of occupancy is sought.

2.

Improvements for which surety has been provided to the city or county, as applicable, and a binding agreement for the completion of the improvements has been executed between the city and the property owner guaranteeing performance.

3.

This requirement shall not apply to the final lift of asphalt pavement and permanent pavement markings.

C.

Repair or reparation for road damage prior to issuance. Each landowner shall be responsible for any damage caused to the roads within the city as a result of the construction of structures, buildings, ponds, lakes and other improvements upon landowner's land. A certificate of occupancy shall not be issued until any damage that is caused to the roads has been repaired or compensation paid to the city for the repairs. Any roads damaged shall be repaired to the city's latest roadway standards.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Violation not authorized. The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter. No permit presuming to give the authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is lawful.

B.

Enforcement of code. The issuance of a permit upon plans and specifications shall not prevent the enforcing officer from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter or any ordinance of the city.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

All development to comply with code. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, maintained, moved, or otherwise, altered; and no existing use, new use or change of use of any building, structure or land or part thereof shall be made or continued; and no land shall be cleared, filled, excavated, moved, paved, or otherwise altered, except in conformity with the provisions of this chapter, and unless first obtaining a permit for such work. The city shall establish all requirements for such permits, including, but not limited to, application requirements, fees, and required inspections, except for fees for permits issued under the building code.

B.

Development orders to conform with code. No development order or permit shall be issued which is not in conformity with all the provisions of the code and the adopted comprehensive plan.

C.

Uses of land to comply with code. No license, permit or certificate shall be issued by any department or official of the city, nor authorized agent for the city, for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve, in any way, or constitute, a violation of the code, nor shall any license, permit or certificate be issued upon any premises where there is a violation of the code. The city manager is authorized to require the execution of an agreement for recording where the city manager deems it necessary for enforcement of these regulations.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

All lots shall be maintained in accordance with the approved site plan, building permit plans and any other city-approved plans unless the city approves subsequent changes pursuant to the procedures and requirements of the code.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The city manager, city attorney and city commission, as applicable, shall designate city personnel and contractual agents of the city, who shall have the authority to enforce the provisions of the code, including the city's law enforcement agency which may treat violations as it does other violations of city ordinances.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Where it is found that any of the provisions of this chapter are being violated, enforcement proceedings may be initiated against the real property owner, the tenant if applicable, and any other person violating the provisions of this chapter as provided in the code of ordinances and as otherwise provided by law. Any enforcement procedure authorized by the code of ordinances, county or state law, may be used to enforce the provisions of this chapter. It shall be at the discretion of the city to determine which method of enforcement is appropriate and whether more than one (1) method of enforcement should be brought, as provided by law.

B.

Further, the city commission or city manager may authorize the city attorney to bring legal action in a court of competent jurisdiction.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any person may file a complaint if there is any reason to believe a violation of this land development code exists. All such complaints must be in writing and shall be filed under oath with the code compliance office, which shall properly record such complaint and investigate accordingly.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

For the purpose of enforcing the provisions of this chapter, officials and inspectors shall have a right of entry as provided by law whenever said officials and inspectors find such entry necessary for the proper discharge of their duties under this chapter. The office of the city attorney is authorized to seek inspection warrants as necessary.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The city commission is authorized and empowered to name or number any road, subdivision street, alley or other thoroughfare within the city limits and to change such names or numbers. The fire marshal is authorized to designate and issue house numbers for properties abutting upon such roads, subdivision streets, alleys or other thoroughfares.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

An action taken or comment made by any city employee, agent or official, regarding a development for which approval by the city commission is required, is not binding upon the city commission in its review of the application for a development permit; nor does it carry with it any right to approval of the development permit applications.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any employee, agent or officer charged with the administration or enforcement of this land development code, acting for the city in the discharge of his or her duties, shall not be rendered liable personally, and is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any employee, agent or officer because of such act performed in the enforcement of any provisions of this land development code shall be defended by the city until final termination of the proceedings.

The following acronyms and abbreviations are used in this chapter, and are intended to have the following meanings:

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

1.

Words used in the present tense include the future, words in the singular number include the plural and words in the plural number include the singular number.

2.

The word "shall" is always mandatory and not merely directory.

3.

The word "may" is permissive.

4.

The word "or" shall mean "either or both", or "any or all"" unless the context dictates otherwise.

5.

The words "including" and "such as" shall always mean that the listed items following said words are not all inclusive, and shall be read as if the words, "but not limited to" follow, unless the context is qualified and clearly states otherwise (ex: "including only the following:").

6.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.

7.

The words "designed" and "intended" shall include the word "used."

8.

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

9.

The word "land" shall include water surface and land under the water surface.

10.

The phrase "use of land" shall include use of buildings and other structures unless otherwise specified otherwise.

11.

The word "lot" shall include the words "plot," "site," "tract" and "parcel".

12.

The words "area" and "district" may indicate and include the word "zone."

13.

The word "structure" includes the word "building" and the word "building" includes "structure".

14.

The word "unit" shall mean "dwelling unit."

15.

The word "city" and the place name term "Parkland" shall mean the City of Parkland, Florida.

16.

The word, "commission" shall mean the City Commission of the City of Parkland, Florida, which is the governing body of the city.

17.

The word "county" shall refer to Broward County, Florida.

18.

The word "code" shall refer to this land development code.

19.

The term "Code of Ordinances" shall mean the Code of Ordinances of the City of Parkland, Florida.

20.

The word "plan" or "comprehensive plan" shall mean the adopted City of Parkland Comprehensive Plan.

21.

The phrase "land use plan" shall mean the future land use element of the comprehensive plan.

22.

The phrase "land use map" shall mean the future land use plan map of the comprehensive plan.

23.

The phrase "land use designation" shall mean one (1) of the several categories of permitted use of land under the future land use element.

24.

The word "manager" shall mean the city manager of the City of Parkland, Florida.

25.

The word "director" shall mean the planning and zoning director of the City of Parkland, Florida.

26.

The terms "city manager"," city attorney"," city engineer", planning and zoning director", or other administrative official of the City of Parkland, Florida, shall include their designees.

27.

The terms "Florida Statutes", "Florida Administrative Code", "Florida Building Code", "Broward County Code", "Code of Federal Regulations", "Code of Ordinances", "chapter", "comprehensive plan", and any other official rule or law shall be construed to include the language, "as may be amended from time to time" unless otherwise specified.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The terms used herein shall be liberally interpreted in such a way as to require a reasonable application of such term to the circumstance in order to effectuate the public purposes contemplated herein. In the event that definitions contained under particular regulations are inconsistent with or more specific than those set forth in this section, such specific or particular definitions shall prevail. Where words have not been defined, the most recent edition of the Merriam-Webster Unabridged Dictionary shall prevail.

For the purposes of this chapter, the following words and phrases shall have the meanings herein set forth when not inconsistent with the context:

Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six (6) months or longer. The following conditions shall be considered as the failure to operate or maintain a sign:

(i)

A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which has ceased operation or failed to maintain a valid business tax receipt for a period of at least ninety (90) consecutive days, or

(ii)

A sign which is blank

Access aisle (see drive aisle).

Accessway means a driveway that traverses the perimeter of a vehicular use area, thereby connecting the vehicular use area with, and providing access to, an abutting street, alley or other vehicular use area.

Accessory building or structure means a subordinate building or structure on the same lot with the main building(s) that is occupied by, or devoted to, an accessory use.

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

Addition (to an existing building) means any walled and/or roofed expansion to the perimeter of a building in which the addition is connected by at least one (1) common wall.

Adult means a person who has attained the age of at least eighteen (18) years.

Advertising means any form of public announcement intended to aid directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

Air-conditioning equipment, retail, repairs means the on-premises retail sales and related servicing of air-conditioning equipment and accessories.

Alcoholic beverages, retail sales, means any establishment engaged in the business of selling alcoholic beverages for off-premises consumption only and that has a license for package sales from the state division of beverages and tobacco in the classification of 1-APS, 2-APS, or PS.

Alter or alteration means any act of or action changing the size, shape, location, character, occupancy or use of a building or structure.

Alteration, structural means any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the re-arrangement of any interior partitions affecting more than five (5) percent of the floor area of the building.

Ambulance service, commercial, means any corporation, partnership, sole proprietorship or other entity that operates ambulances and that holds itself out as providing pre-hospital care or medical transportation to persons who are ill or injured or who have disabilities.

Amusements/recreation enterprises (indoor) means a privately operated use which is conducted either wholly in an enclosed structure, and which involves one (1) or more recreational activities, including but not limited to sporting and athletic activities such as paintball, laser tag, arcade games, skating, and the like.

Amusements/recreation enterprises (outdoor) means a privately operated use which is conducted wholly or partially in an unenclosed area, and which involves one (1) or more recreational activities, including but not limited to sporting and athletic activities such as paintball, water activities, skating, sports courts and fields, and the like.

Animal clinic means an establishment providing for the veterinary treatment of ailments of domestic animals other than humans and preventative animal healthcare, and which may include facilities for overnight care and may offer overnight boarding of healthy animals.

Animal grooming means an establishment providing grooming, bathing and related services for domestic pets, not including animal clinics or kennels.

Animated sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

Announcing sign means a temporary on-premises sign announcing a project to be under construction or an intended use of the premises in the immediate future, containing sign copy limited to the project name, the nature of the development, the owner or agent, and/or a telephone number for information about the project.

Antique shop means an establishment engaging in the retail sale of objects having special value or significance because of their age, and belonging to, made in, or typical of an earlier period of history.

Apartment means a dwelling unit in a multiple dwelling consisting of one (1) or more habitable rooms together with kitchen and sanitary facilities.

Appeal means a request for a review of the planning and zoning director's interpretation of any provision of this chapter.

Appearance means the outward aspect visible to the public.

Appropriate means sympathetic or fitting to the context of the site and the whole community.

Approved means authorized as provided by law.

Appurtenances means the visible, functional objects accessory to and part of buildings.

Arcade means a series or row of arches carried on columns or piers.

Archeological zone means an area designated by this chapter which is likely to yield information on the history and prehistory of the city on prehistoric settlement patterns in the city as determined by the results of the Broward County historic survey. These zones will tend to conform to natural physiographic features which were the focal points for prehistoric and historic activities.

Architectural feature means a prominent or significant part or element of a building, structure, or site.

Architectural style means the characteristic form and detail, as of buildings of a particular historic period.

Art gallery means a room or series of rooms where works of art, including but not limited to paintings, sculptures and photography works, are exhibited.

Art school means an educational institution with a primary focus on education and training in the visual arts, especially illustration, painting, photography, sculpture, and graphic design.

Art supplies means media and materials used by an artist to produce a work.

Articulation means providing variation in building facades through use of recesses, insets, and other similar architectural treatments.

Artists' studio means a place of work for an artist, artisan or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as but not limited to drawing, painting, sculpture or music.

Assisted living facility means:

A.

Any housing facility, including but not limited to adult congregate living facilities, nursing homes, community care facilities, and convalescent homes, licensed by the state department of elderly affairs, agency for persons with disabilities, department of juvenile justice, or department of children and family services or a dwelling unit licensed by the agency for health care administration for more than fourteen (14) individuals who require treatment, care, rehabilitation or education. This includes individuals who are frail elders (as defined in F.S. § 429.65), children who are found to be dependent or in need of services (as defined in F.S. § 39.01(14), F.S. § 984.03(9) or (12), or F.S. § 985.03), physically disabled or handicapped persons (as defined in F.S. § 760.22(7)(a)), developmentally disabled persons (as defined in F.S. § 393.063), or non-dangerous mentally ill persons (as defined by F.S. § 394.455(18));

B.

Government subsidized housing facilities entirely devoted to health care of frail elders (as defined in F.S. § 429.65), children who are found to be dependent or in need of services (as defined in F.S. § 39.01(14), F.S. § 984.03(9) or (12), or F.S. § 985.03), physically disabled or handicapped persons (as defined in F.S. § 760.22(7)(a)), developmentally disabled persons (as defined in F.S. § 393.063), or non-dangerous mentally ill persons (as defined by F.S. § 394-455(18)); and

C.

Any housing facility which provides a life care environment. A life care environment shall include, but is not limited to creation of a life estate in the facility itself and provision of off-site or on-site medical care.

Attractive means having qualities that arouse interest and pleasure in the observer.

Auction house means an establishment where new or used goods or tangible items, including but not limited to antiques, rugs, jewelry, and art, are sold solely through means of a request or invitation for bids, exclusive of retail and wholesale sales.

Auditorium means an open, partially enclosed, or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings.

Auto parts, equipment, accessories, new (retail), means an establishment offering unused automotive parts and equipment for retail sale directly to consumers, but no on-premises automobile maintenance or repair activities.

Automobile sales, new and used, means the sale and lease of new and used cars, trucks and motorcycles, including accessory parts sales and service facilities.

Automobile service station means an establishment providing refueling, oil changes and minor maintenance services for automobiles within an enclosed structure, but not including any operation defined as "automotive repair and service" or any other operation similar thereto.

Automobile tires, new, retail, means an enclosed establishment offering sales and installation of new automobile tires.

Automotive repair and service means rebuilding or reconditioning of motor vehicles, including engines and drive trains; collision service including body, frame or fender straightening or repair; painting or paint shop.

Awning and canvas shop means an establishment that manufactures and sells a roof-like cover, often fabric, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.

Bank means a business establishment in which money is kept for saving or commercial purposes or is invested, supplied for loans, or exchanged.

Banner means a sign that cannot be considered a flag, having characters, letters or illustrations, if any, applied to cloth, paper, plastic, or fabric of any kind, with only such material for backing.

Bar, cocktail lounge or saloon means any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages; or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Barren means lacking vegetation.

Basement means that portion of a building having its floor below ground level on all sides.

Bedroom means a room within a dwelling intended for sleeping purposes.

Beekeeping means the practice of intentional maintenance of honeybee hives.

Berm means a linear earthen mound three (3) or more feet in height, designed to provide visual interest, screening, buffering or all of these.

Berm height means the vertical distance from the established grade to the top surface of the berm, or from the grade at the toe of the berm to its top surface, whichever elevation is higher. Whenever a minimum berm height is prescribed in this chapter, it shall apply to the entire berm excluding interruptions to accommodate street crossings, canal crossings and other such features, and excluding the transitional slopes at the ends of the berm.

Bicycle shops means an enclosed retail establishment offering bicycles and related apparel, parts and accessories for bicycling, and related repair and maintenance services.

Big box retail establishment means any building, or portion thereof, designed for or devoted to retail use which is in excess of twenty-five thousand (25,000) square feet measured from inside the exterior walls.

Billboard means a structure utilized for advertising an establishment, an activity, a product or service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.

Billiard room means a business providing public access to hourly-rental or coin-operated billiard tables.

Bingo parlor means a location where bingo games are conducted in accordance with F.S. ch. 849.

Blemish means a noticeable imperfection that significantly impairs appearance and is not part of the original design or condition.

BMP means best management practice, particularly as it pertains to the use of natural and man-made devices used for erosion and sedimentation control.

Boarding stable means a facility that is used for the feeding, housing, training, breeding and exercising of horses whether owned by the property owner or by another for which the owner of the premises receives compensation for such when not owned by the owner.

Boat and marine motor sales and service means an establishment that provides retail sales of boats, marine engines and accessories, and related services necessary for repair and maintenance of boats and marine engines.

Boat manufacturing means an establishment that manufactures boats.

Boat rental means a facility that provides for daily or weekly rental of boats and incidental storage and maintenance of boats available for rental.

Bookstore means a retail establishment that, as its primary business, engages in the sale, rental or other charge-for-use of books, magazines, newspaper, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media, excluding any "adult bookstore," "adult theater," "theater" or "studio theater."

Botanical garden means a public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables or ornamental plants.

Bowling alley means an establishment that devotes more than fifty (50) percent of its gross floor area to bowling lanes, equipment, and playing area, or any establishment where the activity of bowling is the principal use.

Breezeway means a porch or roofed passageway open on the sides, for connecting two (2) buildings or parts of a building.

Broward County Land Use Plan means the future land use plan element for all of Broward County adopted by the Broward County Board of County Commissioners in conformance with the requirements of the Broward County Charter and the Local Government Comprehensive Planning and Land Development Regulation Act.

Broward County Trafficways Plan means the plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended and the Broward County Charter, which depicts a network of trafficways for Broward County. A principal purpose of the trafficways plan is to establish future cross-sections and requirements for roads of regional significance.

Building means a roofed structure enclosed on all sides by walls and covered openings such as doors and windows, which is used or designed for the shelter or enclosure of persons, animals, or property. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building.

Building code means the Florida Building Code, as amended, as adopted by the county commission and the same is herewith adopted as the official building code of the city.

Building frontage means the distance across the front of a building at average or mean ground level.

Building height means the vertical distance from the established grade to the highest point of the roof surface for a flat roof, to the deckline for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs. Chimneys, cupolas, elevator shafts and certain other rooftop structures are not calculated as part of the building height, but are subject to separate height allowances in section 20-40, exclusions from height limits. This definition also applies to roofed structures.

Building line means a line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building on any side. The term shall refer to the outermost exterior surface of a building on any given side unless otherwise provided (i.e. main building line). In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surfaces. All yard requirements are measured to the building line.

Building line, main, means the building line formed by the portion of a building face that constitutes the majority of the applicable side of the building. In the absence of such a predominant building face, the main building line shall be the average of the building lines formed by the side of a building.

Building supplies, retail, means a place of business for selling retail building supplies.

Building, attached, means a building which has one (1) or more party walls in common with adjacent buildings.

Building, detached, means a building which has no party walls.

Building, enclosed, means a building separated on all sides from adjacent open space or from other buildings or other structures by a permanent roof and exterior walls or party walls, perforated only by windows and doors.

Building, multiple-tenant, means a building designed and used for occupation by multiple nonresidential entities such as businesses or organizations.

Building, single-tenant, means a building designed and used for occupation by a single nonresidential entity such as a business or organization.

Building, principal, means a building that is occupied by, or devoted to, a principal use, or a proposed addition to an existing principal building that is the same size or larger than the existing building.

Business means any commercial enterprise, whether for profit or not for profit, or any operation having or required to have a business tax receipt.

Campers, mobile homes; storage and sales means an establishment engaged in the storing and sales of campers and mobile homes.

Car wash means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment.

Carpets or rug cleaning establishments means a business that cleans carpets or rugs at the customer's home, office or other establishment.

Carport means a private garage not completely enclosed by walls and doors.

Catering services means an establishment that prepares and supplies food to be consumed off premises at a different location, but not from the vehicle in which the food is transported.

Cattle or stock raising means the breeding, feeding and general care of livestock on a farm.

Certificate of recognition means a certificate issued by the historic preservation board recognizing properties designated pursuant to this chapter.

Certificate to dig means a certificate that gives the historic preservation board's permission for certain digging projects that may involve the discovery of as yet unknown or known archeological sites in an archeological zone.

Certificates of appropriateness means a certificate issued by the historic preservation board permitting certain alterations or improvements to a designated property.

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

Charter boats means a watercraft holding itself out to the public for rent or charter for a specified fee or charter price, with an authorized operator on board at all times, and ready to leave the dock with the charter party. Such boat shall be available to the public in general upon payment of the specified fee, must so equip itself to be suitable for the purpose for which chartered, and must be primarily used for charter or rent.

City means the City of Parkland, Florida, a political subdivision of the State of Florida, Broward County, within which these standards apply, and in whose area of jurisdiction the work is to be performed.

City commission means the city commission of the City of Parkland.

City inspector means an authorized representative of the city or city's, qualified engineering consultant, or designee that performs engineering related inspections as needed in compliance with applicable standards.

Club, private, pertains to and includes those associations and organizations of a fraternal or social character not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, restaurants or other institutions operated as businesses. (See nightclub.)

Code compliance officer means any employee or agent of the City of Parkland duly authorized by the city manager to enforce city ordinances.

Cohesiveness means unity of composition between design elements of a building or a group of buildings and the landscape within a development.

Colonnade means a row of columns supporting an entablature and usually one (1) side of a roof.

Commercial building or structure means any building or structure (as defined by the Florida Building Code) devoted to or serving as part of a commercial or business venture or used for a business for which a business tax receipt is required.

Commercial development means a project consisting of one (1) or more buildings and/or structures designed or used for business purposes, and typically located in a commercial zoning district. Each commercial development is located within a single plat and site planned as a single entity, provided that there may be outparcels identified within the site plan that may receive separate site plan approval.

Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

Commercial district or commercial zoning means any of the districts listed in section 10-10, classes and symbols, and any commercially developed properties within a PUD.

Commercial vehicle:

A.

The term "commercial vehicle" means any vehicle which is used primarily for non-personal business activities. Outside lettering or logos on any such vehicle designating a business of any kind shall be one (1), but not the only, method of establishing its commercial status. The following types of vehicles shall be considered commercial for purposes of this section:

1.

Truck cab;

2.

Semitrailer;

3.

Tractor crane;

4.

Power shovel;

5.

Well driller;

6.

Bus;

7.

Taxi, limousine and other vehicles for hire;

8.

Ambulance;

9.

Wrecker (tow truck);

10.

Hearse; and

11.

Any other vehicle meeting the above definition.

B.

The term "commercial vehicle" shall not apply to the following:

1.

Vehicles parked in city storage facilities or city vehicles of any kind;

2.

Vehicles parked in duly authorized and properly licensed commercial establishments that engage in the sale or lease of motor vehicles;

3.

Vehicles which have an active commercial or business purpose for which the owner or person having the use of said vehicles holds a current and valid occupational license for a business location within the commercially zoned district.

Common open space (see open space, common):

Community residential home, Type 1, means a dwelling unit licensed to serve clients of the state department of elderly affairs, agency for persons with disabilities, department of juvenile justice, or department of children and family services or a dwelling unit licensed by the agency for health care administration which provides a living environment for no more than six (6) individuals who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of residents. Residents may include frail elders (as defined in F.S. § 429.65), children who are found to be dependent or in need of services (as defined in F.S. § 39.01(14), F.S. § 984.03(9) or (12), or F.S. § 985.03), physically disabled or handicapped persons (as defined in F.S. § 760.22(7)(a)), developmentally disabled persons (as defined in F.S. § 393.063), or non-dangerous, mentally ill persons (as defined by F.S. § 394.455(18)).

Community residential home, Type 2, means a dwelling unit licensed to service clients of the state department of elderly affairs, agency for persons with disabilities, department of juvenile justice, or department of children and family services or a dwelling unit licensed by the agency for health care administration which provides a living environment for seven (7) to fourteen (14) individuals who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of residents. Residents may include frail elders (as defined in F.S. § 429.65), children who are found to be dependent or in need of services (as defined in F.S. § 39.01(14), F.S. § 984.03(9) or (12), or F.S. § 985.03), physically disabled or handicapped persons (as defined in F.S. § 760.22(7)(a)), developmentally disabled persons (as defined in F.S. § 393.063), or non-dangerous, mentally ill persons (as defined by F.S. § 394.455(18)).

Compatibility means land uses (which shall include the structure to be constructed and the use to be made of the property) that are congruous, similar and in harmony with one another because they do not create or foster undesirable health, safety or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous, or discordant activities or structures, including the impacts of density, intensity of use, traffic, hours of operation, aesthetics, noise, vibration, smoke, offensive odors, mass, shadow effect, the location of structures in proximity to residential dwellings and other land use conditions or conditions which are likely to have a detrimental impact on the existing uses on lands adjacent to the site in question. For purposes of architectural review, compatibility shall refer to harmony in the appearance of two (2) or more external design features in the same vicinity.

Comprehensive plan means the adopted City of Parkland Comprehensive Plan, as may be amended from time to time, which is the official statement of the city that sets forth goals, objectives and policies intended to direct the present and future physical, social, and economic development that occurs within the city.

Concurrency means the statutory requirement that public facilities and services needed to support development shall be available at the same time or coincidental with the impacts of such development, as provided by law.

Concert hall means a large room where concerts or other performances are given.

Conservation means the protection and care that prevent destruction or deterioration of historical or otherwise significant structures, buildings, or natural resources.

Conservatories, art and music means a school of music and dramatic art.

Consignment store means stores which sell non-donated items such as art work, used musical instruments, antiques, a particular class of items that could be fairly characterized as vintage due to their association with a particular time in history or period of production, or other luxury items whether new or used; provided that a pawn shop as defined in F.S. § 539.001 shall not be considered a consignment store.

Consistency means all aspects of a development permitted by a development order are compatible with, and further, goals, objectives, policies, land uses, and densities or intensities of the comprehensive plan.

Contractor means the duly qualified person, firm or corporation responsible for the construction of the permitted work.

Construction, commencement of means the pouring of foundation slab or footings for a building or structure, whichever occurs first, unless otherwise provided in this chapter.

Construction sign means a temporary on-premises sign identifying the ongoing construction activity during the time that a building or engineering permit is active and prior to completion of the work for which the permit was issued, containing sign copy is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.

Convalescent home means a building or portion thereof, wherein, for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious disease which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital, other than a mental hospital.

Convenience store means a retail establishment, generally five thousand (5,000) square feet or smaller, that sells a variety of convenience goods, such as prepackaged snack and food items, tobacco, periodicals, beverages, household goods, automobile accessories, hardware, pharmaceutical items, prepared foods for take-out, and other popular, non-specialty items that consumers generally use or consume frequently, or require on short notice, and which stocks smaller varieties of any type of good than would ordinary general purpose stores or specialty stores such as grocery stores, home supply stores, drugstores, and hardware stores. Convenience stores are often associated with another use, such as service stations or fast-food restaurants.

Copy means the linguistic or graphic content of a sign.

Corn raising means the growing or production of corn.

Cornice means any molded projection which finished or crowns the part to which it is attached.

Costumers, rental means a business that rents costumers for plays, masquerades or the like.

Cul-de-sac or dead-end street means a street with only one (1) inlet/outlet and terminating at the opposite end with or without a circular or other turnaround.

Customer service area means that portion of a restaurant other than the kitchen, storage areas, rooms exclusively used for electrical equipment or other utility purposes and enclosed stairwells and elevator shafts.

Dance academy means a school where dance classes are taught. Similar uses include, but are not limited to, studios for group exercise, martial arts, cheerleading, and gymnastics.

Day care center means a nonresidential facility that provides supervision and care of persons for periods of less than twenty-four (24) hours a day.

Debris means scattered and broken pieces.

Demolition means the complete constructive removal of a building and/or structure.

Density means the number of dwelling units permitted or to be developed, divided by the number of acres within the development parcel or portion thereof being devoted to residential use, including the internal roads, waterways, areas dedicated for public purposes, accessory uses and structures, and the rights-of-way of adjacent roadways dedicated to the public that are attributable to the development parcel, typically measured to the centerline of the ultimate right-of-way section of the roadway. This is also known as gross density. All density regulations in this chapter are gross density unless otherwise specified.

Dental clinic means a facility for provision of the services of dentists, dental hygienists and orthodontists.

Dental laboratory means a facility for the design, manufacture and repair of dental implements and prosthetics including, but not limited to, dentures, crowns, bridges, and dental implants.

Department store means a retail store which stocks and sells a variety of goods and merchandise which is organized within separate departments.

Deterioration means the condition or appearance of any structure or grounds, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance which was not part of the original design or condition.

Developer means any person, including a governmental agency, undertaking any development.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure of land, or the dividing of land into two (2) or more lots. The term "development" includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, the term "development" refers to the act of developing to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition. The term "development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of material.

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit includes any building permit, zoning permit, engineering permit, subdivision or plat approval, rezoning, special exception, variance or other official action of the city having the effect of permitting development, but does not include any variance or other official action necessary solely for the purpose of issuing a permit, other than a building permit, pursuant to the latest edition of the Florida Building Code, Broward Edition, as may be amended from time to time.

Diaper and linen services means a business that supplies and launders diapers and linens.

Dispense or dispensing means the transfer of possession of one (1) or more doses of a controlled substance identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355, as may be amended from time to time, by a pharmacist, health care practitioner or any other person to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user.

District means a portion of the city within which certain uniform regulations and requirements of various combinations thereof apply to the improvement or use made or to be made of the land under the provisions of these land development regulations. The term shall also mean a collection of archeological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this chapter.

Dormer means a small house-like structure that projects from a roof and includes a window.

Drawings means detailed precise plans of proposed improvements that are prepared by a licensed engineer, architect, landscape architect or other qualified professional that are typically drafted according to a specified scale, and are signed and sealed by the qualified professional when required by law. With respect to engineering drawings, same shall relate to all proposed underground utilities, including water, wastewater, drainage, cable, telephone, electric, and gas main materials and installation; roadways, landscape, lighting, and/or any other drawings or plans necessary for site development activities.

Drive aisle, access aisle and parking aisle mean an element of an off-street, internal vehicle circulation system that provides direct vehicular access to off-street parking spaces and which connects to a driveway.

Driveway means an element of an off-street, internal vehicle circulation system that connects the vehicular use area to a street. Within relatively large vehicular use areas, a driveway connects the various elements of a vehicular use area such as access aisles, fire zones, drop-off areas and loading areas to each other and to the street, and generally serves to channel traffic throughout a site instead of providing direct access to off-street parking spaces.

Drive-in bank means a bank, as defined in this section, which includes facilities to allow customers to receive banking services, including the receipt of monies and making of deposits, while remaining within their motor vehicles.

Dry cleaning and pressing, pickup and delivery of garments only means a storefront for drop-off and pick-up of clothing and textiles that are dry cleaned and pressed at an off-site location, and which may offer pick-up and delivery service.

Dry cleaning plant, traditional means an establishment where traditional dry cleaning processes and chemicals, such as petroleum based chemicals, are applied to garments and other items for cleaning.

Dry cleaning plant, environmentally friendly means an establishment where environmentally friendly liquid silicone solvents or equivalent dry cleaning processes are applied to garments and other items for cleaning. Environmentally friendly solvents specifically exclude petroleum based chemicals.

Dumpster means a refuse collection and storage container of one (1) cubic yard or more.

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

Dwelling, multiple-family, means a dwelling containing three (3) or more dwelling units, other than a townhouse dwelling.

Dwelling, single-family, means a dwelling containing one (1) dwelling unit on its own lot of record.

Dwelling, single-family attached, means one (1) of two (2) single-family dwellings that share one (1) party wall in common.

Dwelling, single-family detached, means a single-family dwelling that has no party walls. Also referred to as single-family residence.

Dwelling, two-family, means a dwelling containing two (2) dwelling units.

Dwelling, townhouse, means one (1) of a series of at least three (3) single-family dwellings arranged side-by-side in a row.

Dwelling unit, means a house, apartment, condominium unit, trailer, group of rooms or single room intended for occupancy as a separate living quarter with direct access from the outside of the building or through a common hall and with complete kitchen and bathroom facilities for the exclusive use of one (1) family.

Educational or vocational institution means an institution for the educational instruction of children or adults, encompassing academic or vocational learning, and including accessory facilities. The term "educational or vocational institution" shall include kindergarten through secondary schools, whether public or private, as well as academic institutions of higher learning and vocational training, but shall exclude day care facilities.

Efficiency apartment means an apartment of not more than one (1) habitable room with kitchen and bathroom facilities.

Election sign. See Political sign.

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

Electrical, general contractors, plumbing and air-conditioning shops means an establishment offering services that include electrical, general contractors, plumbing and air-conditioning.

Electronics repair shop means an establishment offering services including the repair of consumer electronics (including, but not limited to, radios, stereos, computers and the like).

Electroplating means the process of coating the surface of a conducting material with a metal. During the process, the surface to be covered acts as a cathode in an electrolytic cell, and the metal that is to cover it acts as an anode. Electroplating is usually used to cover a less expensive metal with a more expensive metal, or to cover a corrosive metal with a less corrosive or noncorrosive metal.

Employment agency means a professional business office where interviewing, testing, referring and other administrative functions relating to professional, technical, administrative or clerical employment and hiring are performed. No activities are conducted outside the building, and employees do not typically report to the location prior to going to a jobsite.

Engineer of record means the engineer duly registered in the state, or his/her representative, whose plans and specifications have been approved by the city engineer.

Entablature means the part of a classical building between the tops of the columns and the roof.

Essential services means localized utility facilities that are typically found in residential neighborhoods as well as nonresidential developments, including but not limited to: Potable water and sanitary sewer pipes; sanitary sewer lift stations; cable TV, internet and telephone conduit; transformer cabinets; power lines and power poles; street lights; and, natural gas pipes; but specifically excluding potable water and wastewater treatment, power plants, electric substations and transmission facilities, solid waste disposal, sorting and transfer stations, hazardous (medical or similar uses) waste; and, public safety facilities such as fire stations and police stations.

Established grade means the average elevation of the public sidewalks around or abutting a plot; or, in the absence of sidewalks, the average elevation of the public streets abutting the lot, as measured at the crown of the road.

Excavation means the digging, stripping or removal by any process of natural materials or deposits from their natural state and location.

External design feature means the general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street or abutting lot.

Exterior means all outside surfaces of a building or structure.

Exterior building component means an essential and visible part of the exterior of a building.

Family means any of the following living together as a single housekeeping unit in a dwelling unit: An individual; two (2) or more persons related by legal adoption, blood or a licit marriage; or a group of not more than three (3) persons who need not be related by blood or marriage.

Farm means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm products when such land is classified agricultural pursuant to F.S. § 193.461.

Farm building or structure. The term "farm building" or "structure" means any building or structure located on a plot classified as a farm, which is used to house or store farm products or materials and equipment necessary to farm operations. A farm structure shall also include fences, walls and hedges along the plot line of a farm.

Farm operation. The term "farm operation" means and includes all conditions or activities by the owner, lessee, agent, independent contractor, and supplier that occur on a farm in connection with the production or marketing of a farm's products.

Farm product. The term "farm product" means any plant, as defined in F.S. § 581.011, any animal, except household pets, useful to humans including any product derived therefrom, the cultivation of crops, groves, thoroughbred and pleasure horse ranches, including horse boarding, private game preserves, fish breeding areas, tree and plant nurseries, cattle ranches, and other similar activities involving livestock or poultry.

Faux means a false/nonfunctional but decorative architectural treatment.

Fence means a continuous barrier which encloses or shields a particular use.

Fenestration means the arrangement of windows and doors in a building to provide interior light; also used as decorative elements in a facade.

Fertilizer stores, retail means a business whose sales are restricted to retail, including such items as insecticides, manure and fertilizer that must be packaged to be easily handled and free from unreasonable objectionable odors.

Final plat (see plat, final).

Finished grade means the top surface of lawns, walks, and drives, or other improved surface after completion of construction or grading operations.

Fire hazard means anything or any act which violates the prevailing fire codes of the city or state.

Flag means any fabric or bunting containing distinctive colors, patterns, or symbols, used as the official symbol of a government, political subdivision, or other entity.

Flashing sign means a sign which permits lights to be turned on or off intermittently more frequently than once per minute

Floor means the top surface of an exposed area in a building, including the basement (i.e., top-of-slab in concrete-slab construction or top-of-wood flooring in wood-frame construction). The term "floor" does not include the floor of a garage used solely for parking vehicles. The term "floor" also means a horizontal division of a building that is habitable (i.e., a story).

Floor area means:

A.

Where a specified minimum floor area is required in the land development regulations for a dwelling unit, and for the purpose of limiting the size of guest houses, the term "floor area" shall mean the total gross area within the external perimeter of the exterior enclosed walls, including Florida rooms, sunrooms and utility rooms which are fully enclosed and directly accessible from the interior of the dwelling but excluding other utility rooms, unenclosed or screened porches, terraces, breezeways or other rooms and carports or garages unless otherwise provided in this chapter;

B.

The total gross area of all the floors in a building, including mezzanines, measured from the interior of the exterior walls.

Footcandle means the unit of measure expressing the quantity of light received on a surface. One (1) footcandle is the illuminance produced by a candle on a surface one (1) foot square from a distance of one (1) foot.

Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one (1) lumen per square centimeter.

Forest means an ecosystem characterized by a more or less dense and extensive tree cover consisting of a minimum of two and one-half (2½) acres often consisting of stands varying in characteristics such as species, composition, structure, age, class and associated processes and commonly including meadows, streams, fish and wildlife.

Forestry means the profession embracing the science, art, and practice of creating, managing, using, and conserving forests which contain a minimum of two and one-half (2½) acres and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values.

Freestanding sign means a self-supported structure not attached or fixed in any way to a building or any other structure.

Future right-of-way line means the street line as prescribed in this chapter, the comprehensive plan, the future right-of-way line of any street already established by partial or complete dedication, or the line of trafficway designated by ordinance and the regulations of the city or the then-prevailing county trafficways plan.

Game court means a structure having a playing surface, paved or unpaved, with or without enclosing fences, designed to be used for playing or practicing tennis, badminton, volleyball, paddle tennis, handball, baseball, batting, racket ball, squash, basketball, or similar games.

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

Garage, private, means a building or part thereof used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.

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

Glass and mirror shop means an establishment that sells and/or repairs glass and mirrors.

Golf courses, miniature, means a theme oriented recreational facility, typically comprised of nine (9) or eighteen (18) putting greens, each with a "cup" or "hole," where patrons in groups of one (1) to four (4) pay a fee to move in consecutive order from the first hole to the last.

Good state of repair means that a building, structure or lot is safe and habitable for its ordinary and intended use, and that the materials used in any structure or fixture are sound, stable and conform to its original purpose and performing the function for which intended and does not contain evidence of deterioration.

Graphic element means a letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.

Grade (see established grade or finished grade).

Greenhouse means an accessory structure or enclosed building, permanent or portable, which is used for the growth of plants consisting of a glass or hard plastic enclosure used to protect plants from insects, heat, cold and exposure to the sun.

Grove means a group of five (5) or more trees planted and cultivated for the production of fruit or nuts.

Guest house means a structure or any part of a structure ancillary to a detached single-family dwelling unit, excluding mobile homes, and located on the same lot as the principle dwelling unit, that is occupied or designed, in whole or in part, as the temporary residence or living quarter of one (1) or more gratuitous guests. This definition shall include any such living quarter that is connected to the principal dwelling unit by an open or enclosed breezeway or other structure that serves to merely connect the guest quarter to the principal dwelling, as contrasted with a customary home addition that is physically and functionally integral to the principal dwelling. If a temporary or permanent residence or living quarter does not meet the definition of "guesthouse," it shall be deemed to be a dwelling unit for purposes of density calculation.

Guidelines for preservation means criteria established by the historic preservation board to be used in determining the validity of applications for a certificate of appropriateness and any certificate to dig and to establish a set of guidelines for the preservation of buildings in the city.

Guns, retail, means an establishment providing for the retail sale and/or servicing of firearms, ammunition, knives and related accessory items.

Gymnasium means an establishment that provides facilities for exercise and personal health training and fitness, including but not limited to rooms and equipment for sports, weight training, game courts, swimming pools, rooms where licensed massage services are provided, saunas, locker rooms and showers.

Hardscape means elements added to natural landscape such as paving stones, walkways, fountains, artwork, benches, trash receptacles, lighting, and other similar items that accentuate, but do not dominate the natural landscape.

Hardware store means a retail establishment which sells household hardware including: fasteners, hand tools, power tools, keys, locks, hinges, chains, plumbing supplies, electrical supplies, cleaning products, housewares, tools, utensils, paint, and lawn and garden products directly to consumers.

Harmony means a quality that represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements.

Hatchery, fish or fowl, means a place where eggs, especially those of fish or poultry, are hatched.

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

Health club. See Gymnasium.

Health spa means a commercial establishment without accommodations that offers facilities for health and fitness including massage (as defined in F.S. § 480.033(3)). A facility meeting the definition of a gymnasium which provides massage shall only be considered a health spa for the purpose of the restrictions contained in this section.

Heavy commercial vehicle means any vehicle in excess of one (1) of the following: (a) fifteen thousand (15,000) pounds gross vehicle weight ratio; or (b) eight (8) feet in width; or (c) eight (8) feet in height, or (d) twenty-two (22) feet in length. It may or may not have outside lettering or logos displaying information identifying a business. Heavy commercial vehicle also shall mean other vehicles used for non-personal use of any kind that may not precisely meet the above criteria, including, but not limited to:

A.

Tractor crane;

B.

Power shovel;

C.

Well driller and other such vehicles so constructed and designed as a tool and not a hauling unit, even if such equipment may be used on the roads and highway incidental to the purposes for which designed;

D.

Wrecker/tow truck;

E.

Semi-trailer;

F.

Flatbed truck;

G.

Except in the A-1, AE-1 and AE-2 zoning districts motor vehicles modified, altered or customized for the purposes of a commercial business, so that supplies, equipment or materials are visible, including, but not limited to, plumbing, irrigation, mirror and glass, bucket trucks and other trade vehicles. Racks installed on vehicles in excess of twelve (12) inches above permanent roofline or vehicle bed topper will be classified as equipment. Vehicle beds or bed toppers that are made to permit side accessibility to tools, supplies, equipment, etc., even though these enclosed items are not visible are considered heavy commercial vehicles;

H.

Except in the A-1, AE-1 and AE-2 zoning districts cube, box and step vans;

I.

Except in the A-1, AE-1 and AE-2 zoning districts dump truck, dump truck body, or rack truck; and

J.

Any other vehicle meeting the above definition.

Hedge (see definition in section 95-520).

Height, berm (see definition in section 95-520).

Height, fence, wall or hedge (see section 15-6020, Fence and wall height).

Height, structure (see definition for structure height).

Historic preservation board. The city commission is hereby constituted to be the historic preservation board.

Historic structure means any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program, as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in states without approved programs.

Historic survey means a comprehensive survey compiled by the county historic preservation commission.

Holiday and seasonal decorations means decorations that pertain to legal or other recognized holidays or to a season of the year.

Home appliance repair means an establishment offering services to repair home appliances.

Home occupation means a business conducted entirely within a dwelling and carried on only by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, does not change the character thereof, and in connection with which there is no display or stock-in-trade.

Homeowners' association means an incorporated, nonprofit organization charged with the maintenance of common facilities and amenities within a residential development through which each property owner within the development is automatically a member and each lot under separate ownership is automatically subject to a charge for a proportionate share of the expense of the organization's activity, such as maintaining open space and other commonly owned facilities such as drainage areas, irrigation systems and landscape buffers. This definition may also be applied to nonresidential developments where land has been subdivided and each property owner must to belong to a similar organization that is responsible for maintaining common facilities.

Horticultural farming means the use of land for the growing or production of flowers and nursery stock, including ornamental plants and cultured sod.

Hospital means a facility licensed by the state which maintains and operates organized facilities for four (4) or more persons for medical or surgical diagnosis, care and treatment of human illness.

Hotel means a lodging accommodation under singular ownership and control, containing sleeping units, each having a private bathroom, where individual stays are typically for one (1) to ten (10) days, for compensation. A hotel has a central inner lobby and front desk for on-site reservations, check-in and check-out, daily cleaning services and on-site management. A hotel may also include additional services such as restaurants, meeting rooms, spas, entertainment and recreational facilities.

Hydroponic garden means a plot of land used for the cultivation of plants in nutrient solution, rather than in soil.

Ice manufacturing and distribution means the preparation and distribution of ice from water, using either natural cold or refrigerators.

Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not the lights or tubes are physically attached to the sign.

Impervious means any area of land that has been modified to reduce its natural ability to absorb and hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area.

Improvement or improving, in the context of a development site, means the product or act of installing, constructing or otherwise physically modifying land, including erection of any building, paving, installation of utilities, erection of a fence, gate, wall or other structure, clearing of landscaping, demucking, grading, filling, or excavating of land, or other physical addition or change to real property, or any part of such addition.

Individual site means an archeological site, building, structure, place or other improvement that has been designated as an individual site pursuant to this chapter. Under the provisions of this chapter, interior spaces may be regulated only where a building or structure is a designated individual site.

Industrial district means the I-1 Light Industrial District.

Industrial zoning means land designated I-1 on the official zoning map.

Improved surface means land that has been rendered all or partially impervious by virtue of filling, compacting or covering.

Infrastructure or required improvements means construction, striping and signing of streets and parking facilities, installation of potable water distribution and wastewater collection facilities, site grading, installation of guardrails, construction of stormwater retention lakes, secondary and tertiary drainage facilities, and other such improvements that may be required in this chapter.

Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface.

Land means the earth, water and air above, below or on the surface, including improvements or structures located on or in and customarily regarded as land.

Land clearing means the act of removing natural or manmade material from a particular piece of real property. For the purpose of this chapter, land clearing shall not be interpreted to include the removal of dead or undesirable plant material as described elsewhere in this chapter, or mowing of grass.

Land use means the use, development or both that have occurred or are proposed to occur on the land.

Land, platted, means any land that is the subject of a plat that has been recorded in the Public Records of Broward County, Florida, or which may have been recorded in the public records of Dade or Palm Beach counties in the event that the plat predated Broward County's current boundaries.

Landscape and landscaping (see definition in section 95-520).

Landscape feature (see definition in section 95-520).

Livestock means farm animals kept or raised for edible consumption, use, pleasure or profit.

Lodging accommodation means any building, or portion thereof, where transient overnight sleeping accommodation is offered, available or provided to the public.

Logic of design means accepted principles and criteria of validity in the solution of the problem of design.

Lot or parcel means land occupied or to be occupied by a building or use and its accessory buildings and accessory uses, together with such yards and open spaces as are required by this chapter, under unified control and identifiable as a single development for the purpose of site planning. A lot may be a single lot of record or may be composed of several contiguous lots of record or portions thereof.

Lot of record means a quantity of real property with specific boundaries that has been established as a single unit by a legal instrument such as a deed and/or plat recorded in the public records of the county, and which is recognized as a separate legal entity for purpose of title transfer.

Lot area means the area contained within the lot lines of a lot.

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

Lot coverage means that percentage of the lot area exclusive of internal water bodies and private streets or other private vehicular accessways covered or occupied by buildings or roofed portions of structures. Unless otherwise specifically set forth in this chapter, screened enclosures and other appurtenances not roofed over shall not be included when computing lot coverage.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot line means any of the boundaries of a lot. Means the same as property line.

Lot line, front, means the line dividing a lot from a street. On a corner lot, the shorter of the two (2) front lot lines as above defined shall be considered to be the front lot line for the purposes of determining required lot width and designating the rear lot line. In the event that both front lot lines as defined above are of equal length, the planning and zoning director shall determine the front lot line, taking into account logistical considerations and the development pattern in the immediate area. On through lots, both front lot lines as above defined shall be considered to be front lot lines.

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

Lot line, side, means, except as specifically provided otherwise, any lot line other than a front or rear lot line.

Lot width, means the average distance between side lot lines. Minimum required lot width is a specified dimension measured between the side lot lines at the minimum front setback line. In all cases, lot width is measured parallel to the front lot line.

Machine shop means a workshop where metal is cut and shaped by machine tools; welding shop; tool and die shop.

Mansard roof means a roof that has a double slope on all four (4) sides, the lower slope being longer and steeper than the upper.

Manufacturing, light, means the processing, fabrication, assembly, treatment, packaging, and incidental storage, sales and/or distribution of finished products or parts predominantly from previously prepared materials; excluding basic industrial processing utilizing extracted or raw materials, and excluding storage or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts, air or water emissions, noise, odor, vibration or other offensive conditions detectable outside of the structure housing the light manufacturing operation.

Marquee sign means a sign attached to or hung from a canopy or covered structure projecting from, and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.

Massage establishment means any facility licensed pursuant to F.S. § 480.043, that provides massage services. Includes establishments that provide other services besides massages including health spas.

Massage therapist means a person who provides massage services and is licensed pursuant to F.S. § 480.041, and F.A.C. Rule Ch. 64B7-25, as may be amended from time to time.

Master development plan means a complete and exact plan for the development of property which shall indicate existing site features, existing roadways, location, type and intensity of land uses, interior vehicular circulation system and designation for common open space, recreational and similar areas.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term "mean sea level" is synonymous with NAVD 88.

Mechanical equipment means equipment and devices that are outside of, and accessory to a building, structure or use, which relate to pool filtration, water supply, drainage, heating, ventilating, air-conditioning, electricity generation, telephone or cable television service, and similar purposes. Examples include, but are not limited to, pool pumps and filters, sprinkler pumps, pool heaters, emergency power generators, and utility boxes.

Mechanical repair shop means an enclosed establishment which provides repair services for mechanical equipment, including but not limited to, lawnmowers, powered equipment and tools, and the like, but not including motor vehicles or vessels.

Medical office (see office, medical).

Milk distributing stations means any person or business who offers for sale or sells to another person any milk, milk product or ice cream store.

Minimum construction and design standards means the comprehensive set of specifications maintained and updated by the city engineer, as may be amended by the city commission from time to time, for governing the minimum requirements for the design and construction of engineering works such as, but not limited to, streets, roads and highways; sidewalks, filling and grading; excavating; bulkheads and seawalls; drainage installations and structures; water control work and water supply; paving installations; curbs and gutters, bridges, overpasses and underpasses; sewage collection and disposal systems; underground utility land line assignment; levees, pumping stations and similar works. Minimum design and construction standards are on file in the public works and engineering department.

Minimum standards means the minimum acceptable construction criteria for projects under the jurisdiction of the city.

Model sign means a temporary on-premises sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale, containing sign copy limited to the model or complex name, the building-architectural agent, the number of bedrooms and baths, and a telephone number for further information.

Monotony means uniformity or lack of variation; tedious sameness.

Monument sign means a permanent freestanding sign that is architecturally and aesthetically integrated into the overall design of the sign.

Motel means a hotel with access to the individual sleeping units from the exterior of the building, and parking facilities for use of guests near their quarters.

Movie theater means an enclosed establishment which shows motion pictures.

Multiple-family dwelling (see dwelling, multiple-family).

Multiple-family district means any district of the multifamily districts, low-to-medium-density districts listed in section 10-10, classes and symbols.

Nameplate sign means a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

National Register of Historic Places means a federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966, as amended.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived.

Nicotine vaporizer means any electronic or battery-operated device which can be used to deliver an inhaled dose of nicotine, or other substance, and includes those composed of a mouthpiece, heating elements and battery or electronic circuits that provide a vapor of liquid nicotine and/or other substances to the user. This term shall include such devices whether they are manufactured, distributed, marked or sold as electronic cigarettes, electronic cigars, electronic cigarillo, electronic hookah, electronic pipe, an e-cigarette, an e-cigar, an e-pipe, or under any other product name.

Nightclub means a restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floorshows or other forms of entertainment by persons are provided for guests after 11:00 p.m.

Noncommercial message means a noncommercial message is any message, which is not a commercial message.

Noncommercial on-site directional sign means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like.

Nonconforming sign means a sign or advertising structure existing within the city limits on the date the ordinance from which this chapter derived became effective or a sign or advertising structure existing in an area annexed to the city after the above effective date which by its height, type, content, square foot area, location, use, or structural support does not conform to the requirements of this chapter.

Nonconforming lot means a lot of record that conformed with all lot area and dimensional requirements at the time it was legally subdivided and recorded, but as a result of the subsequent adoption or amendment of these regulations, the lot fails to conform to the present requirements for minimum lot area, dimensional requirements, or both.

Nonconforming structure means a lawfully existing structure, other than a sign, that conformed with all of the setback, height, bulk, coverage, area, separation, open space, design, and architectural standards of the code in effect at the time the structure was established, but as a result of the subsequent adoption or amendment of these regulations, the structure fails to conform to the present requirements.

Nonconforming use means a lawfully established use of land, water or structure, other than a sign, that as a result of the subsequent adoption or amendment of these regulations, is no longer permitted. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

Nonresidential district means any district other than a residential or agricultural district.

Nonresidential use means a principal use of land for other than residential or agricultural use.

Nuisance means anything that causes inconvenience or damage to others, either to individuals or to the general public, or injures the health, safety or welfare of the citizens in general, or corrupt the public morals. Nuisances can include, but are not limited to, noxious smells, noise, burning, misdirection of water onto other property, accumulation of trash, indecent signs, unkempt property, conduct of illegal activities, and other activities, uses or improvements of land that are not compatible with that of the adjacent areas. Nursery means any grounds or premises on or in which nursery stock is grown, propagated, or held for wholesale sale or distribution, except where aquatic plant species are tended for harvest in the natural environment.

Nursery school means a place for the day care and instruction of children not remaining overnight.

Nursing home means a home for aged, chronically ill or incurably ill persons, licensed by the state, in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office building means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include property and financial management firms, employment agencies, travel agencies, advertising agencies, secretarial and telephone services, contract post offices; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and business offices of private companies, utility companies, public agencies, and trade associations.

Office, medical, means a facility providing services to the public by physicians, dentists, surgeons, chiropractors, pharmacists, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, or others who are duly licensed to practice their respective professions in the State of Florida, as well paraprofessionals, including but not limited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Retail pharmacies staffed by pharmacists that sell prescription drugs, nonprescription drugs or both and other retail goods for sale to the public, are not medical offices.

Office, professional, means an establishment providing executive, management, administrative or professional services. Typical uses include property and financial management firms, medical, employment agencies, travel agencies, advertising agencies, secretarial and telephone services, contract post offices; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and business offices of private companies, utility companies, public agencies, and trade associations.

On-site wayfinding sign means a sign typically located along a vehicular entranceway, sidewalk or walkway within a commercial development, which depicts the names and locations of businesses in said development; and a sign located along a street or pedestrian path within a master-planned residential development, which indicates the location of neighborhoods and major amenity areas within the development.

Open space means an area that is designed and reserved for the preservation of natural areas, landscaping, water bodies and drainage areas, open-air recreational activities, or community agriculture such as a community garden. Open space is exclusive of any principal building, but may include accessory buildings, structures and uses.

Open space, pervious, means open space that is at least ninety percent (90%) pervious, with any impervious surface limited to hardscape.

Open space, common, means open space that is designated for active or passive recreational use by residents of a planned development, and maintained by a homeowner's association or similar maintenance entity.

Operator means any person who has charge, care, custody or control of a building, structure or lot, or part thereof.

Ordinary repairs or maintenance means work done to prevent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

Outparcel has the meaning assigned in section 10-4555, outparcels.

Owner of a designated property means the current record title holder. The term "owner" shall mean any person who, alone or jointly has legal, equitable or beneficial title to any building or structure, or part thereof, which is subject to this article.

Owner/developer means the individuals or entity causing new construction and/or improvements to be made.

Package store means a place where alcoholic beverages are dispensed or sold in containers for consumption off the premises, other than grocery and convenience stores.

Pain management clinic means any clinic, facility, or office that is required to be registered with the state department of health pursuant to F.S. § 458.3265 or 459.0137, as amended.

Parcel (see lot or parcel).

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

Parking aisle (see drive aisle).

Parking, required, means parking facilities that must be provided accessory to a permitted use of land in order to comply with the off-street parking requirements of this chapter.

Parking space means an area, either within a structure or in the open, for the parking for motor vehicles, exclusive of driveways, access aisles, fire lanes and public rights-of-way; except that nothing shall prohibit driveways for single-family dwelling units and townhouses from being considered off-street parking areas, provided that no portion of such driveway is within the street intersected by such driveway.

Parapet means a low, protective wall at the edge of a terrace, balcony or roof.

Paved area means an area of ground caused to be less than fifty (50) percent pervious by the application of semi-pervious or impervious paving material.

Pawn shop means the location at which a pawnbroker conducts business.

Pawnbroker means any person who is engaged in the business of making pawns as defined in F.S. ch. 539, as may be amended, who makes a public display containing the term "pawn," "pawnbroker," or "pawnshop" or similar; or who publicly displays a sign or symbol historically identified with pawns.

Payday loan business means an establishment which engages in the business of making loans that are generally for a period of thirty (30) days or less in duration, intended to coincide with the period from one (1) payday of the borrower to the next.

Pergola means a structure of parallel colonnades supporting an open roof of beams and crossing rafters or trelliswork over which climbing plants are trained to grow.

Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this chapter any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign.

Permitted use means any use of land or buildings as permitted by these regulations.

Permittee means the individual or entity to which permits are issued.

Person means individuals an firm, corporation, association, trust, joint venture, partnership, estate, syndicate, fiduciary, government agency, two (2) or more persons having a joint or common interest, any combination of the preceding, and any other legal entity, including the manager, lessee, agency, officer of employee of any of the foregoing.

Personal service establishment means a business primarily engaged in providing individual services on the premises involving the care of a person or their apparel, eyewear, jewelry and other items worn on one's person. Such establishments include beauty salons, tailors, health spas, shoe repair, and other similar uses, unless such use is otherwise specifically defined and regulated pursuant to this chapter.

Pervious area means an area maintained in its natural condition, or covered by a material that does not reduce the infiltration or percolation of water into the ground that preexisted the placement of the material.

Pest control agency means an establishment engaged in elimination or extermination of insects, rodents, and similar pests or nuisances.

Pet boarding facility means a facility for the temporary boarding and care, include overnight accommodation, of household pets.

Pet shop means a retail establishment which sells domestic pets and supplies related to the keeping of pets, such as food, clothing, grooming supplies and the like.

Pets, household, means common domesticated animals, such as dogs, cats, birds, other than birds of prey, mice, hamsters, fish, rabbits, etc., that are kept or may be kept within the home.

Phase means a specified portion of a planned unit development that may be developed as an individual component, and which is shown on the master development plan.

Place of public assembly means a place intended or used for people to gather for events, activities or programs, including, but not limited to, arenas, auditoriums, theaters, lecture halls, places of worship, funeral homes, meeting rooms, studios for group exercise instruction, takes place, private clubs and lodges for social organizations, libraries, museums, catering halls, and convention centers. Places of public assembly are generally characterized by open areas, or areas with fixed seating, intended or used to facilitate the gathering of people for a common purpose.

Place of worship means a building or structure owned or used by a religious organization for worship, religious training, or education (non-academic curriculum), including accessory uses such as day care.

Planned residential or commercial development means land under unified control, planned and developed as a whole in a single-development operation or in an approved, programmed series of development operations. It may include principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part. Specifically, the term shall refer to the PRD and PCD zoning districts and parcels with PRD or PCD zoning.

Planned unit development means an area of land developed as a single entity or in approved stages in conformity with a master development plan by a developer or group of developers acting jointly, which is planned for a variety of residential and compatible uses and common open space. Specifically, the term shall refer to the Parkland Lakes PUD, the PRD and PCD zoning districts and parcels with PRD or PCD zoning.

Plat means a map or delineated complete and exact representation of the boundary or subdivision of a parcel of land showing the designation of such land as lots, tracts or other portions thereof; however, the same may be designated in accordance with the technical standards of F.S. ch. 177, part 1, and which must be recorded in the most current plat book of the public records of the county in order to become effective.

Plat, final, means a plat that has been approved by the board of county commissioners and is determined by the county to be suitable for recordation, and is in substantial conformance with the preliminary plat approved by the city commission.

Plat, preliminary, means a plat that is not yet a final plat.

Platted means land for which a plat has been recorded.

Plumbing and electrical fixtures, retail, means an establishment engaged in the sale of plumbing and electrical fixtures.

Pole sign means a permanent ground sign with a visible support structure, such that the sign face and support structure do not appear as one (1) solid monolithic appearance, or otherwise having a support structure that is not architecturally and aesthetically integrated into the overall design of the sign, but not including a flag on a flagpole.

Political sign means a temporary sign which indicates the name, cause or affiliation of anyone seeking public office, or which indicates any issue for which a public election is scheduled to be held.

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

Portable/temporary storage unit means a transportable unit designed and used primarily for the temporary storage of goods and materials, excluding construction trailers, for use on a temporary basis.

Portico means a porch or covered walk consisting of a roof supported by columns.

Potable water facilities means a system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, water storage facilities, and distribution mains.

Poultry and bird farming means a commercial establishment or place where live poultry or fowl are kept and prepared for sale, including killing or cleaning.

Preliminary plat (see plat, preliminary).

Premises means the building in which a business establishment is located, as well as any appurtenant sidewalks, walkways, patios, and landscaped areas.

Primary drainage means the main trunk line of a canal heading south/southwest discharging into the future master pump station located in the center of the southwest quadrant of section 32-47-41 within the city, which shall be considered to be future primary drainage canals within the city limits:

Principal building means a building which is occupied by, devoted to, a principal use or an addition to an existing building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire lot shall be considered. There may be more than one (1) principal building on a lot, except in the case of single-family attached and detached dwellings, townhouses, and as may otherwise be provided in this chapter.

Printing shop means an establishment engaged in retail photocopy, reproduction, or blueprinting services.

Produce farm means a farm business that grows fruits and vegetables for sale to the fresh market or to processors for use in manufacturing food products.

Professional office (see office, professional).

Project sign means a temporary on-premises sign which identifies the construction of a building or a building complex during the time period that a building permit is in effect and before the issuance of a certificate of occupancy, and providing information limited to the name of the project, the nature of the development, the general contractor, the lending institution, the owner or agent, a telephone number for information about the project, and the time of availability.

Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle therefrom.

Property line (see lot line).

Proportion means balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.

Qualified applicant, in the context of a person to which an engineering permit may be issued, means any current county franchisee or utility, regulated by the Florida Public Service Commission; any person, firm or corporation currently licensed to work in the county and certified by the county central examining board for engineered construction trades or the state construction industry licensing board, or qualified by a currently certified officer of the firm or corporation to perform a specific type of work in the public rights-of-way for which a permit is being sought.

Radio, television studios means an establishment that broadcasts live or pre-recorded radio or television programs

Raising of animals or reptiles means the breeding, feeding and general care of an animal or reptile.

Real estate sign means a temporary sign erected by the owner, or his agent, indicating real property which is for rent, sale or lease.

Refuse (noun) means matter thrown away or rejected as worthless; trash.

Remodeling means any change, removal, replacement or addition to walls, floors, ceilings, load-bearing partitions, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Repair shop, electronics, radio and television means an establishment engaged in the maintenance, service, and repair of electronic equipment, including televisions, sound systems, and computers.

Research and testing laboratory means a facility used for testing, research, experimentation, quality control, or prototype construction, excluding routine manufacturing, repair, maintenance, or similar activities.

Residential district means any of the residential zoning districts listed in section 10-10, classes and symbols.

Residential use means the use of land for one (1) or more dwellings and accessory uses thereto.

Restaurant, full service, means an establishment where food and beverages are ordered from a menu prepared and served for pay, for consumption on the premises.

Restaurant, fast-food, means an establishment where food and beverages are primarily served in disposable paper or plastic containers at a take-out counter or window, whether or not there are seating facilities available on the premises, and which may include facilities by which consumers are served while remaining in their vehicles.

Retail, general, means those establishments engaged in sales and rental of new and not previously owned or used products sold directly to the ultimate user or consumer, including but not limited to apparel for women and men; appliance sales; auto parts store; bookstores; business machines and office equipment sales; camera and photography sales and service; candy, nuts, and confectionery sales; fabric stores; floor covering sales; food and grocery stores, excluding convenience stores; furniture stores, hardware and building supply sales; household goods; lawn and garden sales, including lawnmowers; bicycle stores; leather goods and luggage stores; music and musical instrument sales; jewelry stores; newsstand, cigar and tobacco sales, excluding cigar bars; sporting goods; toy stores; and similar uses, except as otherwise specifically defined and provided for pursuant to this chapter.

Retention area means an area designed and used for the temporary or permanent storage of stormwater runoff, which may be either dry or wet retention as defined below:

A.

Dry retention. An area which is designed for temporary storage of stormwater runoff and which is one (1) foot above the ground water level as established by the Water Control District having jurisdiction and has a maximum slope of four to one (4:1).

B.

Wet retention. An area which is designed for the permanent storage of water which meets the dimensional criteria for same as set forth by the water control district or is at least one-half (½) acre in size, with an average width of not less than one hundred (100) feet with a maximum slope of four to one (4:1) extending down to appoint two (2) below the mean water line.

Reveal means the part of a jamb of a window or door opening that is visible between the outer wall surface and the window or door frame.

Revolving or rotating sign means any sign that revolves or rotates.

Right-of-way means private or public land dedicated, deeded, reserved, or over which the right of access is granted, whether or not to the public, which is used or proposed to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other similar purpose by the public, certain designated individuals, or governing bodies. Public lands set aside for public traverse. Any easements and private or public land dedicated, deeded, whether or not to the public, which is used, or proposed to be used, for a street, alley, sidewalk, trail, bike lane, boulevard, drainage facility, access for ingress or egress, or other similar purpose by the public, certain designated individuals, or governing bodies.

Road/roadway means an identifiable route designed for vehicular traffic that provides access to multiple lots, or which connects two (2) roads to each other. Roads are typically smoothed, paved, or otherwise prepared to allow easy travel.

Roof sign means a sign erected over or on the roof, extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building for support.

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

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

Sandwich-type sign means a movable sign not secured or attached to the ground.

Scale means proportional relationship of the size of parts to one another and to the human figure.

School, driving, means a school where people are taught to drive automobiles.

Screen means a structure or planting that conceals from view the area behind such structure or planting.

Secondhand store means a retail store offering merchandise for sale, including but not limited to clothing and household goods, which has been previously worn or used, for sale to consumers. This definition shall not include pawn shops as defined in this section.

Self-storage facility means a building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses.

Setback means the minimum horizontal distance between an interior lot line and a building, structure or part thereof, and from the street line and a building, structure or part thereof.

Setback area and yard area mean the entirety of any of the yards provided within a plot.

Setback, required; setback area, required; and yard area, required, mean the minimum required setback, setback area, and yard area required under this chapter for a particular zoning district, use or structure.

Sharpening and grinding shop means an establishment that sharpens and grinds at the surface of a workpiece to change its shape.

Shooting range means a specialized facility designed for firearms practice.

Shopping center means a building designed for occupancy by multiple commercial businesses.

Sight visibility triangle means a triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, refer to Florida Department of Transportation (FDOT) Index No. 546 as revised from time to time. For driveway intersections, this triangle is formed with two (2) sides being ten (10) feet in length along the abutting street lines (illustrated by the letter "B" in Figure 225-1 below), measured from their point of intersection, illustrated by the letter "A" in the diagram below, and the third side being a line connecting the ends of the other two (2) sides, illustrated by the letter "C" in the diagram below. In the event the street lines do not intersect as shown in Figure 225-1, the point of intersection illustrated by the letter "A" in Figure 225-2, street lines shall be the point at which the street lines, if extended, would intersect.

Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. Also, the above, when inside of a building in such a way as to be in view of the general public through a window or door from an abutting collector or arterial roadway and used or intended to be used to attract attention or convey information.

Sign area means a square foot area enclosed by the perimeter of the sign face. When a sign, composed of letters only is designed to be compatible with a particular architectural style, the sign area is the sum of the area of the smallest contiguous rectangles or circles capable of containing one (1) letter. In all other cases, the area is enclosed by the perimeter line enclosing all letters.

Sign face means the part of the sign that is or can be used for communication purposes.

Sign painting means the act of taking a specific kind of brush, and with various kinds of paint, and applying it to two (2) or three (3) dimensional surfaces creating letters, forms and/or symbols.

Sidewalk cafe means a group of tables and chairs and permitted decorative and accessory items situated and maintained upon a sidewalk/walkway and used as a waiting area and/or for the consumption of food and beverages sold to the public from an adjoining business.

Single-family district means any residential zoning district that allows single-family residences as a new permitted use, including, but not limited to, AE-1, AE-2, BCE-1, the RS districts, and PUDs and PRDs or portions thereof that permit single-family residences.

Single-family residence (see dwelling, single-family detached).

Site plan, approved, means a site plan meeting the requirements of article 40, site plan procedures, that was approved by the city pursuant to the additional procedures set forth in article 30, general development review procedures.

Skating rink means an establishment that provides facilities for participant skating.

Skateboard park means a public facility that is designed for use by persons riding skateboards, in-line skates, or roller skates.

Slat house (also known as lath house or shade house) means an accessory agricultural structure consisting of a screened enclosure with a screened or roll plastic roof used to protect plants from insects, heat and exposure to the sun.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes or fences, or to other objects with the message appearing thereon not applicable to the present uses of the premises or structures upon which such sign is located.

Special event means an event open to the public for which a permit has been obtained from the city in accordance with this chapter and where the criteria for issuance of such permit are content-neutral.

Special event directional sign means a temporary sign providing direction for vehicular traffic to a special event.

Special event sign means a sign which carries a message regarding a special event.

Special exception means a use which may be allowed within a zoning district subject to the provisions of this land development code, and in accordance with the procedures as set forth in article 60, special exception uses, of this chapter.

Staging area means the area in which the employees receive motor vehicles for passenger loading and unloading in a valet parking operation.

Standard specifications means the Department of Transportation, State of Florida, Standard Specification for Road and Bridge Construction, latest edition.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement, was within one hundred-eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Storage area means any exterior area used for the keeping of garbage or trash cans, dumpsters, newspaper containers, oil and bottled gas tanks, swimming pool equipment, air conditioners and similar objects or equipment.

Storage warehouses means a building or structure primarily devoted to the storage of large quantities of commercial goods, products, materials, equipment or apparatus, frequently stored in bulk, which building or structure is ordinarily used as a temporary storage space for subsequent distribution of such items for re-sale, manufacturing or industrial use.

Story means a complete horizontal division of a building or parking structure, constituting the space between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the roof above it. A story consists of no less than eight (8) feet in height.

Street means a public or private right-of-way designated for use as a road, and inclusive of swales, sidewalks, bicycle lanes, street trees, and medians within such right-of-way, as applicable whether designated as a street, avenue, road, boulevard, lane, throughway or however otherwise designated but does not include driveways to buildings.

Street line means the future right-of-way line from which all front yards and street setbacks are measured. A street line may not be coterminous with a lot line when the full extent of future right-of-way has not been dedicated.

Street hardware means manmade objects other than buildings that are part of the streetscape. Examples are lampposts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.

Streetscape means the scene as may be observed along a public street or way composed of natural and manmade components, including buildings, paving, planting, street hardware, and miscellaneous structures.

Strip shopping center means a commercial development characterized by one (1) or more buildings constructed solely in a straight line or arranged generally to appear more or less in a straight line.

Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground.

Structure height means the same as building height for roofed structures, and for all other structures, means the vertical distance from the established grade to the highest point of the structure, unless otherwise provided in this chapter for a specific type of structure such as freestanding signs and fences, by way of example.

Subcontractor means a person, firm or corporation duly qualified in the county, having a contract with the contractor.

Subgrade soils means all soils beneath road rock base elevation within rights-of-way.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds fifty (50) percent of market value of the structure. The market value of the structure should be either:

A.

The appraised value of the structure prior to the start of the initial repair or improvement; or

B.

In the case of damage, the value of the structure prior to the damage occurring.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include any project for improvements of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Surveyor means a professional land surveyor and mapper (PLS) licensed in Florida under F.S. ch. 472 to practice land surveying in the state (similar to "engineer").

Swale means areas unpaved portions of a street located between a finished, paved road and the street lines or sidewalks, as applicable.

Tag line means a reiterated phrase identified with an individual, group, or product; slogan.

Taxi service establishment means a service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing and fueling taxicabs or vans.

Taxidermist means a craftsman who stuffs and mounts the skins of animals for display.

Temporary sign means any sign intended for use not permanent in nature. For the purposes of this chapter, any sign with an intended use of twelve (12) months or less shall be deemed a temporary sign.

Temporary subdivision entrance sign means a temporary sign designating a subdivision, plat or other similar division of real property or of a residential district and is located at or in close proximity to the main entrance.

Tire and battery store means an establishment that sells, repairs and installs tires and batteries.

Townhouses (see Dwelling, townhouse).

Traffic control device sign means any sign located within the right-of-way and that is used as a traffic control device and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the National Standard and as may be revised from time to time. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). See City of Parkland's Standard Signing and Striping Details Manual, Sheets 1 through 3 for specific signs and regulatory pavement markings.

Trafficway means any one (1) of the expressways, principal arterials, minor arterials or collector streets shown on the Broward County Trafficways Plan.

Transient occupant means any person, or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered as a vacation rental. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the vacation rental is a transient occupant.

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

Tree survey (see the definition in section 95-520).

Trellis means a frame supporting open latticework used as a screen or a support for growing vines or plants.

Truck garden means a farm where produce is grown for direct sale to the consumer off site.

Tutoring services means a service offered by an individual who gives additional, special, or remedial instruction.

Two-family dwelling (see dwelling, two-family).

Under-canopy sign means a sign suspended beneath an awning, canopy, ceiling, roof or marquee.

Undue economic hardship means failure to issue a certificate would place an onerous and excessive financial burden upon the owner that would amount to the taking of the owner's property without just compensation.

Uniform sign program or plan, means a comprehensive set of regulations and restrictions governing the location, number, type, size, height, color, and style of signs in a commercial development.

Upholstery shop means a retail service for the upholstery and re-upholstery of furniture.

Use means the purpose for which land or a structure thereon is designed, arranged, occupied or utilized; and the term "use" includes the use of water surfaces and land underwater to the extent covered by zoning districts.

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

Use; use of land, means any purpose for which buildings, structures, land, or water may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity, or operation carried on or intended to be carried on in a building, other structure, or on land. Use of land shall include use of buildings, structures and water.

Utilitarian structure means a structure or enclosure relating to mechanical or electrical services to a building or development.

Utility means facilities for provision of services to the general public by means of a system of pipes, conduits or wires for the treatment, distribution or storage of water for public use or consumption, collection and treatment of sanitary sewage, distribution of natural gas, generation or distribution of electric power, transmission of data for television, radio, telephone and internet service, and operators and providers thereof.

Utility hardware means devices such as poles, crossarms, transformers and vaults, gas pressure regulating assemblies, hydrants and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or a project.

Utility inspector means an authorized field representative of any utility serving the area where work is performed.

Utility service means any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil, and communications into a building or development, including communication towers.

Utility service area means the designated service areas as defined by the various utility providers in the city.

Vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to transient occupants more than three (3) times in a calendar year but for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transient occupants, but that is not a timeshare project.

Valet service or valet parking service means the use of employees of a business, or the use of an independent contractor by a business, to provide patrons of the business and others with a motor vehicle reception point and parking service, which may be provided at no charge or on a for-compensation basis.

Variance means a granting of relief from the literal interpretation of the provisions of the land development regulations, other than those provisions relating to use requirements, subject to the procedures of the land development code; a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

Vehicular use area means any area used by vehicles except public thoroughfares, including but not limited to areas for parking, display or traverse of any and all types of vehicles, cars, motorcycles, bicycles, buses, boats, trailers, campers, airplanes or heavy construction equipment. Also included are areas paved for other purposes such as outdoor storage, service and delivery, which are similar in nature to areas paved for vehicular use.

Vermin means all common harmful animals or insects.

Veterinary means of, relating to, practicing, or being the science and art of prevention, cure, or alleviation of disease and injury in animals and especially domestic animals.

Veterinary clinic means an establishment engaged in providing medical care and treatment for animals.

Violator means a person who abuses a tree or otherwise violates this article, and the owner of property upon which the abused tree is located shall also be deemed a violator if the tree abuse is undertaken by the owner's employee, agent or person under the owner's control.

Walkway (front yard) means a hardscape or otherwise stabilized surface that is located in the front yard of a residential lot and is not intended for use for parking.

Walkway (side and rear yard) means a hardscape or otherwise stabilized surface that is located in the side or rear yard of a residential lot and is not intended for use for parking.

Wall means a decorative masonry structure or glass brick which is not less than twenty-five (25) percent opaque and forms a solid visual screen.

Wall sign means a sign which is approximately parallel to and supported by any wall or other enclosure.

Warning sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

Water control district means the governmental agency or other entity with primary responsibility for the conveyance or retention of stormwater within an established area.

Waterway means a canal, ditch, pond, lake or other depression in the earth created for the convenience or storage of natural, pumped or excess stormwater runoff.

Wayside stand means a structure designed and used for the sale or display of farm products produced on the premises on which said structure is located.

Wholesale means the sale of goods and commodities in quantity for resale.

Wind sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind. This shall include pennants, ribbons, spinners, streamers or captive balloons, but shall not include a flag on an allowed flagpole or mounted at the entrance of a building.

Window sign means a sign located on a window or within a building or other enclosed structure which is visible from the exterior through a window or other opening.

Wing wall means a wall projecting from a main building structure. A wing wall is used often to screen unsightly objects/vistas.

Wreckers, building and automobile, means one who is in the business of demolishing old buildings and one who dismantles cars for salvage.

Yard means a space on the same lot with a structure or use, open and unobstructed from the ground to the sky except by encroachments specifically permitted in this chapter. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines or street line, as applicable.

Yard area (see setback area).

Yard, front, means a yard existing across the full width of the lot between the street line and the building line on the plot. On a corner lot, there are two (2) adjacent front yards unless otherwise specified, and on a through lot there are two (2) opposing front yards unless otherwise specified.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the building line of the main building.

Yard, required, means any of the minimum yards required by this chapter. A required yard is synonymous with a minimum required yard. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be part of a required yard.

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

Yard, street, means a yard contiguous to a street.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-09, § 2, 9-21-2016; Ord. No. 2016-13, § 2, 1-4-2017; Ord. No. 2018-020, § 1, 3-20-2019; Ord. No. 2023-006, § 2, 6-21-2023; Ord. No. 2024-03, § 2, 3-6-2024)

(1)

The city commission hereby declares that it may enter into [F.S.] ch. 163 development agreements pursuant to the Act.

(2)

The city hereby incorporates the definitions set forth in the Act and all rights, privileges, and authority provided by the Act, as amended. The following procedures shall be employed in the adoption of any F.S. ch. 163 development agreement which, specifically purports to be a F.S. ch. 163 development agreement under the Act (hereinafter referred to as a "chapter 163 development"):

(a)

Before entering into, amending, or revoking a chapter 163 development agreement, city shall conduct at least two (2) public hearings. At the option of the city commission, one (1) of the public hearings may be held by the planning and zoning board.

(b)

Notice of intent to consider a chapter 163 development agreement shall be advertised approximately seven (7) days before each public hearing in a newspaper of general circulation and readership in Broward County. Notice of intent to consider a chapter 163 development agreement shall also be mailed to all affected property owners, in conformance with F.S. § 163.3225, before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

(c)

The notice shall specify the location of the land subject to the chapter 163 development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.

(3)

The duration of a chapter 163 development agreement may not exceed thirty (30) years, unless it is extended by mutual consent of the governing body and the developer, subject to a public hearing in accordance with F.S. § 163.3225. No chapter 163 development agreement shall be effective or be implemented by a local government unless the local government's comprehensive plan and plan amendments implementing or related to the agreement are in compliance with F.S. § 163.3184.

(4)

A chapter 163 development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(5)

If state or federal laws are enacted after the execution of a chapter 163 development agreement which are applicable to and preclude the parties' compliance with the terms of a chapter 163 development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws.

(6)

Any party or aggrieved or adversely affected person as defined in F.S. § 163.3215(2) may file an action for injunctive relief in the circuit court where the local government is located to enforce the terms of a chapter 163 development agreement or to challenge compliance of the agreement with F.S. §§ 163.3220—163.3243.

(7)

Within fourteen (14) days after a local government enters into a chapter 163 development agreement, the city shall record the agreement with the clerk of the circuit court in the Broward County. A chapter 163 development agreement is not effective until it is properly recorded in the public records of the Broward County. The burdens of the chapter 163 development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(8)

Nothing herein shall prohibit the city from entering into chapter 163 development agreements which do not follow either the provisions of this ordinance or the Act. Unless a chapter 163 development agreement specifically states that it is enacted pursuant the Act, the provisions of this ordinance and the Act shall not be applicable to such agreements; provided that said agreements shall still be deemed valid and binding agreements of the city. This ordinance relating to the Act is solely adopted to provide an alternate method to undertake chapter 163 development agreements and shall not in any way be construed to limit the authority of the city to enter into any other development agreements. This ordinance and the powers provided herein shall be deemed supplemental to all other powers of the city with respect to development agreements.

(Ord. No. 2018-013, § 2, 7-11-2018)

The intent of this division is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process relating to the approval of development orders. This policy shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process relating to site-specific parcels. The mayor shall see to it that quasi-judicial proceedings are conducted in substantial compliance with these rules.

(Ord. No. 2017-05, § 3, 6-21-2017)

Except as may otherwise be provided by statute or ordinance, or when waived, these procedures shall apply to all actions taken by the city commission regarding the following applications:

•

Rezonings;

•

Plats;

•

Site plans;

•

Community appearance review;

•

Special exceptions;

•

Variances;

and such other applications as required by law.

(Ord. No. 2017-05, § 3, 6-21-2017)

(a)

Application shall mean an application for a development permit as defined in section 98-3, City of Parkland Land Development Code.

(b)

Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property which is the subject of the proceeding.

(c)

Commission shall mean the City of Parkland City Commission.

(d)

Commissioner shall mean a City of Parkland City Commissioner.

(e)

Development order shall have the meaning set forth within City of Parkland Land Development Code.

(f)

Development permits shall have the meaning set forth within City of Parkland Land Development Code.

(g)

Ex-parte communication shall mean any written, oral, or graphic communication with a commissioner which may directly or indirectly relate to or which could influence the disposition of an application, other than those made on the record during a quasi-judicial hearing.

(h)

Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education.

(i)

Material fact shall mean a fact that bears a logical relationship to one (1) or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application.

(j)

Mayor shall mean the mayor of the City of Parkland. The term "commissioner" shall include the mayor.

(k)

Participants shall mean persons, other than the applicant, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an application. The term "participants" shall include experts and representatives of units of local governments and governmental agencies.

(l)

Party shall mean the applicant, the City of Parkland and any party intervenor.

(m)

Party intervenor shall mean any person or entity which will be adversely affected by the proposed development over and above the effect on the public at large.

(n)

Quasi-judicial proceeding shall mean a hearing held by the commission to adjudicate the private rights of an applicant by means of a hearing which comports with due process requirements.

(o)

Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application.

(p)

Staff shall mean City of Parkland staff or city retained experts or counsel or a combination thereof.

(q)

Witness shall mean any person who testifies under oath.

(Ord. No. 2017-05, § 3, 6-21-2017)

(a)

In a quasi-judicial proceeding on land use matters, a person who appears before the city commission, who is not a party or party intervenor shall be allowed to testify before the commission, subject to control by the commission, and may be requested to respond to questions from the commission, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness.

(b)

The commission shall assign weight and credibility to such testimony as it deems appropriate.

(c)

A party or party intervenor in a quasi-judicial proceeding on land use matters, upon request by another party or party intervenor, shall be sworn as a witness, shall be subject to cross-examination by other parties or party intervenors, and shall be required to be qualified as an expert witness, as appropriate.

(d)

The mayor may direct the party conducting any cross-examination of witnesses of a party or party intervenor to stop a particular line of questioning that merely harasses, intimidates, or embarrasses the individual being cross-examined or questioning that is not relevant and that is beyond the scope of the facts alleged by the individual being cross-examined.

(e)

All decisions of the commission in a quasi-judicial proceeding on land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications.

(f)

An ex-parte communication shall not be presumed to be prejudicial to the action taken by a commissioner, board or commission if the communication is disclosed as follows:

(1)

The commissioner in receipt of a verbal communication discloses the identity of the person, group or entity with whom the communication took place and makes such information part of the record of the quasi-judicial matter prior to final action being taken on the matter.

(2)

The commissioner in receipt of a written communication makes the written communication part of the record of the quasi-judicial matter prior to final action being taken on the matter.

(3)

The commissioner who conducts an investigation or on-site visit or receives an expert opinion relating to a quasi-judicial action pending before him makes the investigation, on-site visit or expert opinion part of the record of the quasi-judicial matter prior to final action being taken on the matter.

(4)

Disclosure made pursuant to this section shall be made before or during the public meeting at which a vote is taken on such matter so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to rebut or respond to the communication.

(Ord. No. 2017-05, § 3, 6-21-2017)

(a)

Quasi-judicial proceedings shall be conducted in an informal manner. If the applicant agrees with the staff recommendation, the applicant may waive his or her right to an evidentiary hearing by signing the waiver supplied by the planning and development services department. The item may (at the city's option) be placed on the consent agenda and the commission may then vote on the item as a part of the consent agenda based upon any written materials submitted by the applicant and the staff report; provided that if any member of the public wishes to speak on the matter, the item will be removed from the consent agenda to allow the public to speak. The quasi-judicial hearing may still be waived but only after public input, unless someone who speaks on the matter and demonstrates that they are substantially effected by the application objects. If the commission determines that it is in the best interests of the city to conduct a full evidentiary hearing, the matter shall be deferred until the next commission meeting to afford both the applicant and staff the opportunity to prepare for the evidentiary hearing. However, if the applicant and the staff agree that they are prepared to participate in a full evidentiary hearing at the meeting in question, the matter shall not be deferred.

(b)

If the applicant does not waive his or her right to an evidentiary hearing, the city shall conduct a full evidentiary hearing. If the applicant changes his or her mind regarding the waiver, the matter shall be deferred until the next commission meeting to afford both the applicant and staff the opportunity to prepare for the evidentiary hearing. At the evidentiary hearing the applicant shall have the right to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses on any relevant matter, and to rebut evidence. The conduct of the quasi-judicial hearing shall be substantially as set forth below.

(c)

Staff shall have the responsibility of presenting the case on behalf of the city.

(d)

Time limits for presentations.

(1)

Staff (up to thirty (30) minutes).

(2)

Applicant (up to forty (40) minutes).

(3)

Participants:

a.

Members of the public: Up to three (3) minutes each.

b.

Speakers representing an organization or a group in attendance at the meeting: Up to five (5) minutes.

c.

Party intervenors shall have ten (10) minutes for their presentation.

(4)

Expert witnesses: Up to ten (10) minutes.

(5)

No speaker may give his or her time to any other speaker. However, at the discretion of the mayor, the time allowed for any testimony may be extended.

(6)

The mayor shall have authority (unless overruled by a majority vote of the commission) to alter the time frames set forth above.

(Ord. No. 2017-05, § 3, 6-21-2017)

To the extent possible, the following shall be the order of the evidentiary hearing proceeding:

(a)

The mayor or the city attorney shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure which shall be followed.

(b)

The oath shall be administered to witnesses; however, non-party witnesses and participants may choose not to be sworn and such unsworn witnesses may be requested to respond to questions from the commission. Non-party and non-party intervenor witnesses are not required to be subject to cross-examination, and shall not be required to be qualified as an expert witness. The commission shall assign weight and credibility to such testimony as it deems appropriate. A party or party intervenor in a quasi-judicial proceeding, upon request by another party or party intervenor, shall be sworn as a witness, shall be subject to cross- examination by other parties or party intervenors, and shall be required to be qualified as an expert witness, as appropriate.

(c)

Staff shall present its analysis, any recommendation and evidence and witnesses regarding the application.

(d)

The applicant shall make his or her presentation which may include witnesses and documentary evidence.

(e)

Participants in support of or against the application shall make their presentation. Participants claiming to represent a group, organization, unit of local government or governmental agency must indicate the participant's authority to act as a representative for the group, organization or agency.

(g)

After each person testifies and/or documents are made part of the record, the applicant, staff or any commissioner may cross-examine the witness, except that participants providing unsworn testimony may only be asked questions by the commission.

(h)

Rebuttal by staff, if requested.

(i)

Rebuttal by party intervenors, if requested.

(j)

Rebuttal by applicant, if requested.

(k)

The mayor may choose to allow participants to respond to the applicant's rebuttal if the mayor deems the response to be necessary to ensure fairness and due process. The response must be limited to issues addressed in the applicant's rebuttal. No new issues may be raised at this time.

(l)

The mayor, in the interest of fairness and due process, may allow further responses, but the responses must be limited to issues addressed by the previous speaker. No new issues may be raised at this time.

(m)

No further evidence will be accepted.

(n)

The mayor, in his/her discretion, may allow final argument by staff and the applicant. In final argument, the applicant and staff may refer only to facts which were admitted into evidence. Argument that refers to facts not in evidence will be disregarded by the commission.

(o)

The commission shall deliberate on the application. No further presentations or testimony shall be permitted, and commissioners shall not ask any further questions of any person who presented testimony. The commission shall discuss the evidence which was presented at the quasi-judicial hearing and render a decision on the application. Although the commission is not required to make findings of fact and conclusions of law, the commission must ensure that there is competent substantial evidence in the record to support its decision. If the commission denies a development permit it must do so in writing and give notice to the applicant with a citation to the applicable portions of an ordinance, rule, statute or other legal authority for the denial of the permit.

(Ord. No. 2017-05, § 3, 6-21-2017)

(a)

The commission shall not be bound by the strict rules of evidence, or limited to consideration of evidence which would be admissible in a court of law.

(b)

The commission may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory.

(c)

The commission will determine the relevancy of evidence.

(d)

Matters relating to an application's consistency with the City of Parkland Land Use Plan, a certified land use plan or the City of Parkland Land Development Code will be presumed to be relevant and material.

(e)

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court.

(f)

Documentary evidence may be presented in the form of a copy of the original, if available and if the commission determines that it is authentic.

(Ord. No. 2017-05, § 3, 6-21-2017)

If, in the opinion of the mayor or any commissioner, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented, or that a continuance would assist the parties in resolving issues discussed at the hearing, the commission shall continue the hearing to a time certain to allow for such research or review and shall permit testimony and evidence regarding the matters to be researched or reviewed by all parties. The time limitations set herein may be extended.

(Ord. No. 2017-05, § 3, 6-21-2017)

The commission shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida.

(Ord. No. 2017-05, § 3, 6-21-2017)

All decisions by the commission shall be based on the evidence presented to the commission at the quasi-judicial hearing on the application, which shall include the materials in the agenda back-up, testimony of all witnesses and participants, any documentary and demonstrative evidence, and visual aids presented. Each commissioner shall weigh all the relevant evidence presented, giving each piece of evidence the weight the commissioner sees fit.

(Ord. No. 2017-05, § 3, 6-21-2017)

Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the commission under the following conditions:

(a)

After a quasi-judicial hearing is continued but prior to final action being taken.

(b)

If a question is raised by the commission at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in writing to the commission after the quasi-judicial hearing, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the commission.

(c)

The commission will specifically identify the question to which a response is required. No additional information will be accepted.

(d)

If the requested material is received from someone other than the applicant, city staff will notify the applicant that the supplemental information has been received.

(Ord. No. 2017-05, § 3, 6-21-2017)

The official record of the proceeding shall be the minutes as approved by the commission and the evidence received. All evidence admitted at the hearing shall be maintained by the city clerk.

(Ord. No. 2017-05, § 3, 6-21-2017)

An appeal from a decision of the city commission shall be by petition for writ of certiorari to the circuit court of the Seventeenth Judicial Circuit within thirty (30) days of the date a final order is rendered by the commission. If a person decides to appeal any decision with respect to any matter considered at the quasi-judicial hearing, he or she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Anyone desiring a verbatim transcript shall have the responsibility, at his or her own expense, to arrange for the presence at the hearing of a certified court reporter.

(Ord. No. 2017-05, § 3, 6-21-2017)