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

A.

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

B.

Such residential use shall conform to the minimum floor area requirements of the RM-10 district regulations.

C.

No residential use shall be located on the first floor or ground floor other than a lobby or foyer serving a residential use, and accessory uses such as storage areas, garages and other similar facilities.

D.

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

(Ord. No. 2019-001B, § 3, 9-25-2019)

A big box retail establishment shall be located only on a lot which exceeds twenty (20) acres in area, and only as a special exception. In no event shall a big box retail establishment in excess of fifty thousand (50,000) square feet be permitted on any lot of any size. In addition to the special exception requirements set forth in article 60, the following additional requirements shall be satisfied as a prerequisite to the granting of a special exception for a big box retail establishment:

A.

Landscaping shall be of such a nature and design that the big box retail establishment shall not be visible from a public right-of-way, except from a position on the side of the right-of-way (abutting the lot in question) within fifty (50) feet of either side of the entrance to the lot on which it is located; and

B.

All sides of the big box retail establishment shall contain architectural detail comparable in appearance and complexity to the front of the big box retail establishment; and

C.

The building shall not have a length (front elevation) in excess of two hundred (200) feet.

(Ord. No. 2019-001B, § 3, 9-25-2019)

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

A.

Not more than two (2) cleaning units shall be used in any traditional dry cleaning establishment, neither of which shall have a rated capacity in excess of forty (40) pounds.

B.

Not more than two (2) cleaning units shall be used in environmentally friendly dry cleaning establishment, neither of which shall have a rated capacity in excess of eighty (80) pounds.

C.

The entire cleaning and drying process shall be carried on within completely enclosed solvent-reclaiming units or closed loop system that recycles solvents.

D.

All solvents used in the cleaning process and vapors therefrom shall be nonexplosive and noninflammable up to a temperature of one hundred sixty (160) degrees.

(Ord. No. 2019-001B, § 3, 9-25-2019)

A.

Operation of a health spa, or massage establishment as defined in section 5-3530, between the hours of 8:00 p.m. and 8:00 a.m. is prohibited unless the city commission first grants a special exception permit to allow a business to remain open to a later time.

B.

This restriction shall not apply to the operations of a gymnasium provided said gymnasium does not offer massage services between the hours of 8:00 p.m. and 8:00 a.m.

C.

The hours of operation shall apply to all massage establishments except as may be otherwise provided in state law.

(Ord. No. 2019-001B, § 3, 9-25-2019)

It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained from the city pursuant to this division. The permit shall be requested on an application form provided by the planning and zoning department. No permit shall be issued until all the requirements of this division have been met. Sidewalk cafe permits shall not be transferable.

(Ord. No. 2022-005, § 2, 5-18-2022)

In addition to the required permit application, the following must be provided at the time the application is submitted:

A.

A copy of a valid city business tax receipt.

B.

A copy of a valid alcoholic beverage license, if applicable.

C.

Proof of liability insurance.

D.

An applicant executed hold harmless and indemnification agreement in accordance with subsection 15-560(A) of the land development code.

E.

A description of the days of the week and hours of operation of the sidewalk cafe.

F.

A copy of the site plan for the center indicating the restaurant location within the plaza.

G.

A detailed drawing plan of the area between the storefront and vehicular travel and/or parking surface, drawn to a minimum scale of one (1) inch equals ten (10) feet which shows (as appropriate):

1.

The store front and all openings (doors, windows).

2.

The location of curbs, sidewalks, and any utility poles, fire hydrants, landscaping, or other items, within the right-of-way and private property, between the curb and the store front.

3.

The location of any of the above items which are within six (6) feet of the ends of the proposed use area; and the location of parking spaces (or use of the street) adjacent to the proposed use area.

4.

Clear delineation of the boundary between private property and the right-of-way.

5.

Delineation of "clear pathways" and "clear distances" as required by this article.

6.

Proposed location of tables and chairs and any other objects.

7.

Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas, and other objects including, but not limited to, lighting to be used in the proposed sidewalk cafe area.

8.

A plan for the maintenance and cleaning of the following:

(i)

Sidewalk area where the tables and chairs are permitted to be located;

(ii)

The tables and chairs; and

(iii)

The disposal of any trash or debris generated from the operation of the sidewalk cafe.

9.

Any permits or approvals required from any other governmental agency necessary to operate a sidewalk cafe.

(Ord. No. 2022-005, § 2, 5-18-2022)

A.

The planning and zoning director shall review the completed permit application for compliance with this division and may approve, approve with conditions, or deny the request based on the requirements of this division and the following additional criteria:

1.

Proposed hours of operation for the sidewalk cafe and the impact on neighboring establishments or communities.

2.

The code enforcement/compliance record for the property.

3.

Police enforcement activities directly related to the operations of the restaurant establishment.

4.

Whether the outdoor seating, subject to appropriate conditions, would be consistent with the protection of the public health, safety, and welfare.

B.

The action of the planning and zoning director may be appealed pursuant to article 55, division 15, appeals of administrative decisions.

(Ord. No. 2022-005, § 2, 5-18-2022)

A permit for a sidewalk cafe may be issued within those zoning districts which allow restaurants, subject to any limitations or restrictions of the particular district.

(Ord. No. 2022-005, § 2, 5-18-2022)

A.

A sidewalk cafe shall only be established in conjunction with a legally established full-service restaurant and/or takeout food store, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop).

B.

The sidewalk cafe operator must comply with all applicable building occupancy and health department regulations.

C.

A sidewalk cafe shall be permitted in front of or adjacent to the business and in front of such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe operator must receive the written permission, in a notarized form acceptable to the city, from the affected adjacent business owner(s) and property owner before establishing the sidewalk cafe in front of such adjacent business(es). Sidewalk cafes may also be permitted in other locations if determined by the planning and zoning director to be consistent and compatible with the site plan for the commercial center where the cafe will be located.

D.

Alcoholic beverages may be consumed within a permitted sidewalk cafe provided the required alcoholic beverage license is obtained except if located in a B-1 commercial district, in which case said consumption shall be prohibited. When a restaurant serves alcoholic beverages, the limits of the sidewalk cafe shall be clearly delineated by an acceptable barrier that utilizes high quality design materials and is compatible with the architectural design of the building, including, but not limited to, decorative fences, walls, planters, or other design measures acceptable to and approved by the city's design review professional. Such barriers shall be at least three (3) feet in height, with the ultimate barrier height subject to approval by the city's design review professional based on site specific conditions and design. In addition, a sign shall be posted at all exit points indicating no open alcoholic beverage containers are allowed outside of the designated permitted sidewalk cafe area.

E.

The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the business with which the sidewalk cafe is associated.

F.

A clear pathway, parallel with the street or parking lot, with a minimum width of five (5) feet shall be maintained for through pedestrian traffic. If such a five-foot clear pathway cannot be maintained, no permit shall be issued. A greater width may be required as a condition of approval.

G.

A clear distance with a minimum of five (5) feet shall be provided from any alley, crosswalk, fire hydrant, travel lane, drive aisle or driveway. A greater clear distance may be required as a condition of approval.

H.

Use area and/or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters provided that the outdoor seating does not constitute greater than twenty-five (25) percent of the establishment's total seating, when the establishment has more than twenty (20) seats inside. When an establishment has twenty (20) or fewer seats interior to the establishment, up to six (6) outdoor seats may be provided without invoking additional parking requirements.

I.

Food may be carried to tables by patrons or served by a table waiter. Food may be prepared within the sidewalk cafe area, provided that food shall not be cooked or stored within the sidewalk cafe area.

J.

Hours of operation shall be the same as the associated businesses unless otherwise restricted through a condition of the sidewalk cafe permit.

K.

The permit may be suspended upon written notice of the city manager or designee, and the removal of the cafe may be ordered by the city when repairs necessitate such action. The city however, may immediately remove or relocate all or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice.

L.

Tables, chairs, umbrellas, and any other objects provided within a sidewalk cafe shall be maintained in a clean attractive manner and shall be in good repair at all times, ensuring a tidy and neat appearance.

M.

Tables, chairs, umbrellas, and any other objects provided as part of the sidewalk cafe shall be of quality design and materials; both to ensure the safety and convenience of uses, and to be compatible with the uses in the immediate vicinity of the proposed sidewalk cafe. No plastic or concrete tables and chairs shall be permitted.

N.

The sidewalk area, covered by the permit, shall be maintained in a neat and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance.

O.

Tables may remain outside within the permitted sidewalk cafe area and located in compliance with the approved sidewalk cafe seating plan or stored in a neat and orderly arrangement adjacent to building wall within the permitted sidewalk cafe area. Tables, chairs, umbrellas, and ant other objects provided as part of the sidewalk cafe shall be moved to the interior of the building upon the issuance of a "high wind watch" or severe weather watch or warning by the National Weather Service and shall remain in the interior of the building until all storm warnings have been rescinded. No tables, chairs, or any other part of the sidewalk cafe equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, building, structure, or other fixtures within or near the permitted area.

P.

The sidewalk cafe must be operated in such a manner as to comply with all applicable city noise and nuisance regulations. Should the city manager, or the city manager's designee, in their sole discretion determine that noise, nuisance, or crowd control is warranted, a special police detail shall be coordinated with the Broward County Sheriff's Office or other special measures as required shall be provided at the sole expense of the applicant.

Q.

At least one-half (½) of the area used for the sidewalk cafe must be reserved/dedicated for "no smoking".

R.

Where any part of a sidewalk cafe area is located within five (5) feet or less of a parking lot or roadway, a permanent barrier shall be required to separate the seating area from the parking lot or roadway. Such permanent barriers shall be made of high-quality materials and shall be compatible with the architectural design of the building and include, but are not limited to, decorative fences, walls, planters, or other design measures accepted by the city design review professional and city engineer. Site specific contexts shall be considered in determining the required and accepted protection methods and design.

S.

Pedestrian access must be maintained at all times through the sidewalk cafe to the seating areas in order to provide safe public access.

T.

All sidewalk cafe seating areas must comply with all applicable law, including, but not limited to, the Americans with Disabilities Act.

(Ord. No. 2022-005, § 2, 5-18-2022)

A.

Prior to the issuance of a permit, the applicant shall furnish a signed statement in a form approved by the city attorney which provides that the permittee shall hold harmless the city, its officers and employees and shall indemnify the city, its officers, and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

B.

The applicant for a permit shall furnish insurance and insurance certificate, which shall be approved by the city attorney, and maintain such public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) for bodily injury, and property damage, respectively, per occurrence. Such insurance shall name the city, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days' written notice to the city.

(Ord. No. 2022-005, § 2, 5-18-2022)

A.

The planning and zoning director may deny, revoke, or suspend a permit of any sidewalk cafe in the city if it is found that any of the following has occurred:

1.

Any necessary business or health permit has been suspended, revoked, or canceled or has lapsed.

2.

Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic.

3.

The sidewalk cafe is being operated in such a manner that it violates the city's noise and nuisance regulations as provided in chapter 11 of the Code of Ordinances.

4.

The permittee has failed to correct violations of any conditions of the sidewalk cafe permit approval within three (3) days of receipt of written notice of same.

5.

The permittee has three (3) or more violations of this division 5 within a twelve-month period.

6.

The permittee has failed to maintain the liability insurance as required by section 15-560.

B.

Upon denial, revocation, or suspension, the director shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. If the action of the director is based on subsection A.1., A.2. or A.6. of this section, the action shall be effective within twenty-four (24) hours after the date of hand delivered notice to the permittee and mailed notice to the property owner. Intermediate Saturdays, Sundays and legal holidays shall not be excluded in the twenty-four-hour computation. Otherwise, such notice shall become effective within ten (10) calendar days after the date of mailing of notice to the permittee and property owner.

(Ord. No. 2022-005, § 2, 5-18-2022)

The city may remove, relocate, or order the removal or relocation of tables and chairs and other items located in the approved sidewalk areas, and may require that the permittee reimburse the city for costs of labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the planning and zoning director ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately.

(Ord. No. 2022-005, § 2, 5-18-2022)

The code enforcement special magistrate shall have concurrent jurisdiction over violations of this division.

(Ord. No. 2022-005, § 2, 5-18-2022)

A.

Appeals of the decision of the planning and zoning director or designee shall be initiated within ten (10) days of a permit denial, revocation, or suspension, or of an order of removal or relocation, by filing a written notice of appeal with the city manager.

B.

The city manager shall place the appeal on the first available regular city commission agenda. At the hearing on appeal, the city commission shall hear and determine the appeal, and the decision of the city commission shall be final and effective immediately.

C.

The filing of a notice of appeal by a permittee shall not stay an order of the city manager or designee regarding the suspension, revocation or denial of permit, or the relocation or removal of the vestiges of the sidewalk cafe. Items permitted in conjunction with the sidewalk cafe permit shall be removed as set forth in this division, pending disposition of the appeal and the final decision of the city commission.

(Ord. No. 2022-005, § 2, 5-18-2022)

(a)

Authority, scope and purpose.

(1)

This chapter is enacted under the home rule power of the City of Parkland in the interest of the health, peace, safety and general welfare.

(2)

Section 509.013, Florida Statutes, provides a distinction between "transient public lodging establishments," which are rented, or advertised or held out for rental to guests more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less; and "non-transient public lodging establishments," which are rented, or advertised or held out for rental to guests for periods of at least thirty (30) days or one (1) calendar month, whichever is less.

(3)

Section 509.242(1)(c), Florida Statutes, further provides for a subset of transient public lodging establishments called "vacation rental", which is 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 also a transient public lodging establishment, but that is not a timeshare project.

(4)

It is the intent of this section to regulate life safety requirements for vacation rentals as defined by Florida Statutes that are located in single-family and two-family residential dwelling zoning districts of the City of Parkland.

(5)

In 2011, the Florida Legislature passed House Bill 883, (Chapter 2011-119, Laws of Florida), amending F.S. § 509.032(b) to provide that "[a] local law, ordinance, or regulation may not restrict the use of vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely on their classification, use or occupancy. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011."

(6)

In 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws of Florida), amending that same statute to read "[a] local law, ordinance, or regulation may not prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011."

(7)

This ordinance does not prohibit vacation rentals, or regulate the duration or frequency of vacation rentals, nor is it the intention of the City of Parkland to do so, but rather this section is intended to address life safety and compatibility concerns and the secondary effects of vacation rentals in residential neighborhoods in the interests of the health, peace, safety, and general welfare.

(b)

Findings of fact.

(1)

Residents residing within their residential dwellings are inherently familiar with the local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from their residential dwellings, thereby minimizing potential risks to themselves and their families.

(2)

In contrast, transient occupants of vacation rentals, due to their transient nature, are typically not familiar with local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from the vacation rentals in which they are staying, thereby increasing potential risks to themselves and their families, and putting an additional burden on, and potentially putting at risk, emergency personnel in the event of an emergency situation.

(3)

Certain vacation rentals are presently located within the single-family and two-family dwelling residential zoning districts of the City of Parkland.

(4)

Vacation rentals, left unregulated, can create negative impacts within residential neighborhoods due to excessive noise, parking and traffic problems, excessive use and impact on public services and public works, extreme size and/or greater occupancy.

(5)

Vacation rentals situated within residential neighborhoods can disturb the quiet nature and atmosphere of the residential neighborhoods, and the quiet enjoyment of its residents.

(6)

Vacation rentals located within established residential neighborhoods can create negative compatibility impacts relating to extreme noise levels, late night activities, on-street parking issues and traffic congestion.

(7)

A residential dwelling is typically the single largest investment a family will make with the residents of the residential dwelling desiring the tranquility and peaceful enjoyment of their neighborhood without excessive noise and increased parking issues and traffic congestion caused by transient occupants of vacation rentals.

(c)

Vacation rental standards. Vacation rentals shall be permitted in all residential zoning districts provided they are in compliance with this section and the applicable zoning district regulations and provided the property is the subject of a current registration certificate as provided for herein. No person shall rent or lease all or any portion of a dwelling unit as a vacation rental (as defined in section 5-3530 of this land development code) without complying with the following standards governing the use of any vacation rental as a permitted use:

(1)

Minimum life/safety requirements.

a.

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, F.S. ch. 515.

b.

Smoke and carbon monoxide (CO) detection and notification system. If an interconnected and hard-wired smoke and carbon monoxide (CO) detection and notification system is not in place within the vacation rental unit, then an interconnected, hard-wired smoke alarm and carbon monoxide (CO) alarm system shall be required to be installed and maintained on a continuing basis consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code-Residential.

c.

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

d.

Hard-wired emergency lighting of primary means of egress. Hard-wired emergency lighting shall be installed that provides illumination automatically in the event of any interruption of normal lighting for a period of not less than one and one-half (1.5) hours to illuminate the means of egress.

e.

Emergency egress and maintenance. Halls, entrances and stairways within a vacation rental shall be clean and ventilated. Hall and stair runners shall be kept in good condition. Rails shall be installed on all stairways and around all porches and steps.

(2)

Maximum occupancy. All vacation rental units shall be occupied by no more than one family as such is defined section 5-3530 of the land development code.

(3)

Minimum vacation rental information required postings. The vacation rental shall be provided with posted material as required by the city as prescribed herein.

(4)

Responsible party. Designation of a vacation rental responsible party capable of meeting the duties provided herein.

(5)

Other standards. Any other applicable standards contained within the City of Parkland Land Development Code and the City of Parkland Code of Ordinances.

(6)

Registration certificate. It shall be unlawful for any person to operate a vacation rental within the corporate limits of the city without obtaining a registration certificate pursuant to this section. Prior to the issuance of a registration certificate, the applicant must provide all of the following to the planning and zoning department:

a.

A current business tax receipt from the City of Parkland pursuant to the Parkland Code of Ordinances.

b.

A copy of the vacation rental's current registration with the Broward County Tourist Development Tax Section for purposes of collecting and remitting tourist development taxes.

c.

A copy of the Florida Department of Business and Professional Regulation license as a transient public lodging establishment/vacation rental.

d.

A copy of the vacation rental's current and active certificate of registration with the Florida Department of Revenue for the purposes of collecting and remitting sales surtaxes, transient rental taxes, and any other taxes required by law to be remitted to the Florida Department of Revenue, if the registrant has such certificate of registration.

e.

Required vacation rental postings. Copies of required postings on the vacation rental premises in a visible location.

f.

A registration fee in the amount established by resolution of the city commission.

(7)

Registration renewal. A certificate of registration shall only remain current for a period of one (1) year; thereafter it shall be deemed void unless a new certificate is obtained through the same procedures as were applicable to the original certificate.

(d)

Compliance inspections of vacation rentals. An inspection of the dwelling unit for compliance with the minimum life/safety requirements set forth in this section is required as a condition of registration and registration renewal. If violations are found, all violations must be corrected and the dwelling unit must be re-inspected prior to issuance of the registration certificate.

(e)

Vacation rental responsible party.

(1)

The purpose of the responsible party is to respond to routine inspections and as well as non-routine complaints and other more immediate problems related to vacation rental of the property.

(2)

The property owner may serve as the responsible party or shall otherwise designate a vacation rental responsible party to act on their behalf. Any person eighteen (18) years of age or older may be designated by the owner provided they can perform the duties listed herein.

(3)

The duties of the vacation rental responsible party whether the property owner or an agent are to:

a.

Be available by landline or mobile telephone at the listed phone number twenty-four (24) hours a day, seven (7) days a week; said person shall have authority from the owner to respond to any issues arising from the vacation rental use related to compliance with this ordinance or any other requirements of the city Code; and

b.

If necessary, be willing and able to come to the vacation rental unit within two (2) hours following notification from an occupant, the owner, or the city to address issues related to the vacation rental; and

c.

Be authorized to receive service of any legal notice on behalf of the owner for violations of this section; and

d.

Otherwise monitor the vacation rental unit at least once weekly to assure continued compliance with the requirements of this section.

(4)

A property owner may change his or her designation of a vacation rental responsible party temporarily or permanently; however, there shall only be one (1) vacation rental responsible party for each vacation rental at any given time. To change the designated responsible party, the property owner shall notify the city in writing via a completed form provided by the city.

(f)

Required posting of the following vacation rental unit information.

(1)

On the back of or next to the main entrance door, or on the refrigerator, there shall be provided as a single page the following information:

a.

The name, address and phone number of the vacation rental responsible party;

b.

The days of trash pickup and recycling;

c.

A copy of this ordinance or directions on where a copy of this ordinance may be accessed on the internet or physically within the unit.

(2)

If the vacation rental unit includes three (3) or more occupied floors, on the third floor above ground level and on each and every higher floor there shall be posted, next to the interior door of each bedroom, a legible copy of the building evacuation map - Minimum eight and one-half (8½) inches by eleven (11) inches in size.

(g)

Registration certificate required. No person shall operate a vacation rental, or permit a vacation rental to be operated on property owned or leased by said person, without first registering the property as a vacation rental as required herein. A current registration certificate for the property shall be the sole evidence of registration. The city manager or his/her designee shall provide a registration application and may implement specific processes consistent with this section in order to provide for the issuance of the registration certificate and renewals.

(h)

Violations. Any of the following shall be considered violations of this section:

(1)

Noncompliance with any provisions of this section or any life, health or safety regulations in the city Code or land development code.

(2)

A material misrepresentation in the application for the registration certificate or registration renewal.

Each day a violation exists shall constitute a separate and distinct violation.

(i)

Penalties.

(1)

Any violation of the provisions of this section may be enforced either pursuant to section 1-11 of the City of Parkland Code of Ordinances or as set forth in sections 2-52 through 2-52.9 of the city Code (enforcement procedure).

(2)

Additional remedies. Nothing contained herein shall prevent the city from seeking all other available remedies for violation of this section, which may include, but not be limited to, daily fines through the enforcement procedure, injunctive relief, liens, and other civil and criminal penalties as provided by law, as well as referral to other enforcing agencies.

(j)

Effective date. The requirements set forth in this ordinance shall be effective as of September 30, 2019.

(k)

Certificate of registration certificate. Any vacation rental certificate issued under this section shall be deemed revoked if, pursuant to the enforcement procedure, the subject property is found in violation of this section on two (2) separate occasions during any twelve-month period and the violation is not cured within the time frame specified by the code enforcement special magistrate. The city manager or his/her designee shall notify the registrant in writing of the revocation. In such case, no registration certificate shall be reinstated for a period of twelve (12) months after issuance of the revocation notice.

(Ord. No. 2018-020, § 2, 3-20-2019)

Self-storage facilities shall comply with the following architectural design standards, limitations, and requirements:

A.

The use shall be permitted only by special exception approval.

B.

There shall be a minimum separation between self-storage facilities of at least one and one-half (1.5) miles (seven thousand nine hundred twenty (7,920) feet) measured by airline measurement from closest property line to closest property line.

C.

Within the S-1 zoning district. the following terms shall be applied as defined below:

1.

Floor area ratio means the total gross floor area of the building or buildings on a lot, divided by the net area of the lot; and

2.

Lot coverage means the percent of the net lot area (exclusive of public or private road rights-of-way or easements) occupied by the ground floor of all principal and accessory buildings, inclusive of covered exterior spaces such as covered balconies. porches or patios. covered walkways, cantilevers, and overhangs.

D.

Sales. service and repair uses and activities of any kind are prohibited, including but not limited to: auctions, commercial, wholesale, or retail sales, or garage sales; servicing and repair of motor vehicles, boats, trailers, lawn mowers, appliances, or similar equipment; operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, or other similar equipment; and the operation of a distribution business is not permitted within the individual storage units or bays.

E.

Loading areas shall be internal to the building or screened from view of adjacent roadways or property zoned, used, or designated on the land use plan map for residential use. Screening for loading areas may consist of a wall and code compliance landscaping.

F.

The building design of a self-storage facility shall avoid the appearance of large, blank, unarticulated surfaces for the building's faces:

1.

Variations in color shall be used;

2.

Variations in surface texture shall be used;

3.

Exterior wall planes should not exceed fifty (50) feet without a facade offset of twelve (12) inches or more; and

4.

The face of any building fronting on a public right-of-way, as well as the face(s) of the building where the principal entrances are located, shall be treated and articulated to create a three-dimensional elevation to reduce the impact of building mass (e.g., covered entryways, recessed doors or windows (except where daylight design warrants against such elements being recessed in order to maximize the benefit of energy sources), stucco bands, stepback walls, etc.). Segmented shading or architectural elements that are allowed on the exterior of any the building facade or designed to reduce building mass may protrude into the setback area as permitted pursuant to article 20, section 20-30.

G.

The face of any building fronting on a public road right-of-way, as well as the face(s) of the building where the principal entrances are located, shall have a minimum of seventeen and one-half (17.5) percent glazed. If the window openings are in the storage area, translucent material or spandrel glazing in a recessed wall may be used. If the window openings are into the office/customer service, transparent glazing may be used. Spandrel glazing may be used for the remaining areas of the building. Spandrel glazing glass color is to match the transparent glass color. Windows may not be false or applied, except where spandrel glass is applied on a recess wall.

H.

The face of any building fronting on a public road right-of-way, as well as the face(s) of the building where the principal entrances are located, shall be composed of at least seventy-five (75) percent of Class 1 or 2 materials, with at least ten (10) percent of Class 1 material as the total facade.

I.

The primary building color shall be a subdued, muted, natural or earth toned color. A brighter, non-natural color may be used for accent elements, doors, windows, and architectural details. No more than four (4) colors shall be used on the building exterior. Bright, highly reflective, or garish colors shall not be used. Color palates shall represent a harmonious and balanced theme, and shall not create major visual conflicts with surrounding buildings.

J.

Exterior walls constructed with metal panels shall not be allowed. Metal buildings shall not be allowed.

K.

Corrugated metal roofs visible from the building exterior shall not be permitted. Standing seam metal roofs shall be permitted.

L.

Accessory buildings, regardless of whether attached or detached from the principal building, shall be constructed of the same style, quality, and appearance as the principal building.

(Ord. No. 2023-006, § 7, 6-21-2023)

It shall be unlawful for any construction or sales trailer to be located on any property unless a valid building permit has been obtained from the city's building department for said trailer. No such trailer permit may be issued until after the project for which the trailer is to be used has received any applicable site plan approval by the city commission and a permit has been issued for site improvement work.

For the purpose of this division, a trailer shall include any premanufactured structure.

(Ord. No. 2020-008 § 2(Exh. A), 9-14-2020)

Any application submitted for the placement of a construction or sales trailer must be accompanied by a site plan drawn to scale which depicts the location of the trailer and any other related temporary structures on the property. The site plan shall provide all information necessary to demonstrate compliance with provisions set forth in this article.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

Construction and sales trailers to be located on any construction site must not show visible and pronounced signs of wear and tear. The trailer must be structurally sound and tied down in accordance with building code regulations. The trailer must be maintained in good condition at all times it is located on the site. The area around the trailer must also be kept in good order with no junk, debris, or trash permitted unless located in a proper storage/dumpster container.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

Construction trailers (and any other associated storage/dumpster containers) shall be located as far away from any abutting public right-of-way and adjoining residentially developed property as practical given the extent and location of the improvements to be constructed on the site.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

The sides of any trailers (and any other associated storage/dumpster containers) that face a public right-of-way and adjoining residentially developed property shall be screened by a combination of a berm, decorative fence, landscaping, and/or skirting. Existing vegetation on site may be used to screen the trailer as a substitute for the above if deemed adequate by the community appearance board. Any such screening installed shall be properly maintained for the duration the trailer is located on the site.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

No signage shall be permitted on the trailer.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

No sleeping facilities shall be permitted in the trailer. Any sanitary facilities must be approved by the county health department prior to applying for a building permit.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

A building permit must be obtained for the removal of any trailer from a project site. The trailer and any other associated temporary site improvements must be removed within ten (10) working days upon a determination by the city manager that the trailer is no longer required, or as otherwise provided as a condition of site plan approval for the trailer.

No trailer shall be converted to a permanent use or structure. Trailers legally converted to a permanent use via site plan approval prior to September 14, 2020 are not considered in violation of this section.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

A bond or other form of surety approved by the city attorney in the amount of four thousand dollars ($4,000.00) shall be posted with the city clerk's office prior to the issuance of the required building permit to cover the cost of removing any trailer and any other associated temporary site improvements should the owner/applicant fail to comply with section 15-1080, removal of trailer.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

The special magistrate shall have concurrent jurisdiction over violations of the division, but may only assess fines for noncompliance with the requirements of this article.

(Ord. No. 2020-008, § 2(Exh. A), 9-14-2020)

A.

Portable/temporary storage units (units used for portable storage excluding construction trailers) may be located in the community facilities zoning district.

B.

Prior to commencing business within the city, any company or vendor that provides the portable/temporary storage units to properties within the city must obtain a business tax receipt from the city outlining the obligations and requirements prior to conducting business within the city.

C.

The property owner must deposit five hundred dollars ($500.00) with the city for each portable/temporary storage unit prior to the placement of the unit on site, to ensure the timely removal of the unit and compliance with this section unless such fee is waived by the city commission.

D.

The maximum cumulative square footage for all portable/temporary storage units on any site shall not exceed one hundred thirty (130) square feet in area.

E.

Portable/temporary storage units shall only be placed in a site location as approved by the planning and zoning department and shall meet all required setbacks for the applicable zoning district.

F.

No portable/temporary storage unit shall remain at a site in excess of six (6) consecutive months. Notwithstanding the time limitations as stated above, all units shall be removed immediately upon the issuance of a hurricane watch by a recognized governmental agency. The removal of the unit shall be the responsibility of the provider of the unit or the property owner.

G.

Prior to placing a portable/temporary storage unit on any site, the provider of the unit(s) and/or the property owner or renter must obtain a zoning permit. The zoning permit application shall be in a form provided by the city and issued by the planning and zoning department. The exterior of the storage unit shall have a weatherproof clear pouch which must display the site permit.

H.

The provider and/or property owner or renter of the portable/temporary storage unit shall be responsible to ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the unit shall be kept locked. No unit shall be utilized to store illegal or hazardous materials.

I.

It shall be unlawful for any person to place or permit the placement of a portable/temporary storage unit on property which he or she owns, rents, occupies or controls without first obtaining a zoning permit from the planning and zoning department.

J.

Failure to comply with any part of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment. Each day a violation exists shall be a separate violation. In addition, the city shall also have the right to revoke, refuse to issue, refuse to re-issue, refuse to transfer, or refuse to renew any business tax receipt or building permit for any facility, business, entity or establishment where the violation occurred until such time as the violation and/or fine is corrected.

K.

The above provisions notwithstanding, persons who place or permit the placement of a portable/temporary storage unit without first obtaining a zoning permit shall be provided a twenty-four-hour grace period from delivery to remove the unit or obtain a zoning permit. Should the person not obtain a permit or not remove the unit at the termination of the grace period, the person shall be considered in violation of this division.

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

A.

Design standards. Minimum lot area, minimum yard requirements, maximum lot coverage, minimum landscaped area and maximum height shall be governed by the regulations of the zoning district within which the property is located.

B.

Dispersal. Community residential homes shall be subject to the restrictions set forth in F.S. § 419.001, as amended from time to time.

C.

Density computation. The maximum allowable density shall not exceed the density allowed by the City of Parkland Land Use Plan, or in the applicable zoning district, whichever is more restrictive. Density shall be computed using dwelling unit equivalents as follows:

;note; *As defined in F.S. § 419.001, as amended from time to time

**As defined in section 5-3530, terms defined.

D.

Number of persons per sleeping room. The maximum number of residents shall not exceed the applicable State of Florida requirements.

E.

Minimum floor areas. The minimum floor areas are established as follows:

F.

Parking requirements. The minimum parking requirements are as follows:

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

Neighborhood, community, active and passive parks shall be developed pursuant to the National Recreation and Park Association guidelines.

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

A.

1.

The lot shall be provided with a yard not less than thirty (30) feet in depth or width adjacent to all street lines and lot lines of other residentially zoned property and a yard of at least twenty-five (25) feet in depth adjacent to a rear lot line.

2.

The yards required under this paragraph shall be fully landscaped as specified below and shall be used for any fence, wall, building or structure, except that a fence not over six (6) feet in height may be erected at least thirty (30) feet from any street line. Minimum driveways or walkways necessary for access may cross required yards.

B.

Required landscaping shall consist of the following:

1.

A hedge or decorative masonry screen a minimum of six (6) feet shall enclose all exposed equipment areas. Hedges shall be a minimum of four (4) feet high at the time of planting and maintained, trimmed properly and neatly, and kept in good health.

2.

Trees shall be planted in the open space surrounding the exposed equipment area. There shall be one (1) tree for every twenty (20) linear feet of the lot perimeter. Trees shall have a minimum height of fifteen (15) feet with an eight-foot spread.

3.

The remaining open area shall be planted with shrubs or trees so that, to the extent feasible, and given the size of the transformer, landscaping is the predominate element on the site.

4.

A sprinkler system shall be provided for all planting areas.

5.

Plant material shall be Florida Grade No. 1 or better and planted according to good horticultural practice. All landscaped areas shall be maintained in a healthy, growing condition, properly watered and trimmed.

6.

All landscaping shall conform to all other applicable landscape and other regulations.

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

A.

Applicability. This section shall apply to all antennas, towers, masts and satellite dishes other than wireless facilities regulated in article 150, telecommunication towers and antennas.

B.

[Definitions.] For the purposes of this section, the following definitions shall apply:

Landscaping includes planting and maintaining natural vegetation, ground cover, hedges and trees to be so arranged and maintained as to provide an effectively solid mass of foliage varying in height and providing a continuous screen.

Satellite dish antenna means a device or instrument designed or used for the reception of television or other electronic communication signal broadcast or relayed from an earth station.

C.

[Permitted.] Antennas and satellite dish antennas shall be permitted in all zoning districts provided the following criteria are met:

1.

Antennas and satellite dish antennas shall not be located in a required front yard, street side yard or closer than ten (10) feet to an interior lot line.

2.

In nonresidential and nonagricultural zoning districts, freestanding antennas and satellite dish antennas shall not exceed fifty (50) feet in height or the maximum permitted height of the zoning district plus fifteen (15) feet, whichever is greater. Roof or building-mounted antennas shall not be higher than fifteen (15) feet above the height of the building to which they are mounted, and satellite dish antennas shall not be higher than five (5) feet above the roof deck of a flat roof, or eave of a pitched roof at the location of the satellite dish.

3.

In agricultural and residential districts, antennas shall not exceed the highest peak of the roof, or one hundred twenty-five (125) percent of the maximum permitted height in the zoning district, whichever is greater.

4.

Satellite dish antennas are allowed subject to the following restrictions:

a.

Maximum twelve (12) feet in height if freestanding;

b.

Maximum one (1) meter in diameter;

c.

Shall be ground mounted or mounted to the roof eave of a building or lower and shall not extend more than five (5) feet above the roof eave.

5.

Installation in any zoning district shall require a permit from the building department. The permit shall assure that the installation, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Satellite dish antennas shall be screened from off premises, such as public right-of-way or public easement and adjacent property by landscaping, the addition of architectural features that harmonize with the elements and characteristics of the property, or both. In nonresidential and nonagricultural districts, rooftop mounted satellite dishes shall be fully screened from view on all sides by an architectural enclosure.

6.

In agricultural, agricultural estate, estate and single-family districts, only one (1) satellite dish antenna shall be permitted per lot.

7.

All satellite dish antennas in any zoning district, constructed and erected prior to the effective date of the ordinance from which this section is derived, which do not conform to the requirements set forth herein shall be nonconforming antennas for a period of eighteen (18) months. Thereafter, all satellite dish antennas shall comply with the requirements of this section.

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

A.

Home occupations, subject to the provisions contained herein, shall be permitted in all residential zoning districts which do not expressly prohibit the conduct of business, commercial or industrial activities.

B.

A home occupation shall be defined as the conduct of a business or commercial enterprise in the home. This shall not include activities in the home which are clearly incidental to occupations or commercial or business enterprises which are conducted primarily outside the home.

C.

Home occupations conducted within the city shall be clearly incidental and secondary to the use of the residence for residential purposes and shall not change the character thereof. When permitted, home occupations shall be conducted in accordance with the following provisions unless specific restrictions are contained within the individual residential zoning district:

1.

No person other than members of the family residing on the premises shall be engaged in such home occupation.

2.

There shall be no display of goods, machinery, equipment or any performance of work visible or audible from any street or adjoining property, nor shall there be any sign visible from the street or adjoining property identifying or providing any information of any nature regarding the home occupation.

3.

No home occupation shall occupy an area greater than twenty (20) percent or three hundred (300) square feet, whichever is less, of the floor area of the residence. No home occupation shall be conducted in any accessory building; such occupation shall be conducted in the main residence. No more than one (1) home occupation shall be permitted within any single dwelling unit.

4.

No motor power other than electric motors shall be used in conjunction with such home occupations. The total horsepower of such motor shall not exceed three (3) horsepower, or one (1) horsepower for any single motor.

5.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare or any fumes, odors, or electrical interference detectable to the normal senses off the lot. Electrical interference shall be that which causes interference in any radio or in any television receivers off the premises or causes fluctuations in line voltage off the premises.

6.

No home occupation shall generate or attract traffic to a residence in excess of the average trip generation rate for the applicable type of dwelling unit according to the latest edition of "Trip Generation", published by the Institute of Transportation Engineers.

D.

The home occupation known as family day care home, as defined in F.S. § 402.302(5), shall be permitted upon the operator of the family day care home providing evidence of compliance with all provisions set forth in F.S. § 402.301 et seq., and compliance with any requirements set forth in the Florida Statutes or the Florida Administrative Code. If the operator does not provide evidence of compliance, the use shall not be deemed to be permitted in the zoning district.

E.

Home occupations shall exclude physicians, dentists, welding or machine shops, minor or major auto repair, painting of vehicles, trailers, or boats, as well as barbershops, beauty parlors, dining facilities, animal hospitals, group dancing and singing, band instructions, retail stores, and clairvoyants.

F.

A person desiring to conduct a home occupation shall first apply to the city and shall include the following information:

1.

Name of applicant;

2.

Location of residence wherein the home occupation, if approved, will be conducted;

3.

Total square footage to be utilized in the conduct of the home occupation; and floor plan of the house;

4.

The nature of the home occupation sought to be approved;

5.

The days and hours of operation.

G.

Upon compliance with the foregoing procedure and after payment of an application fee as set forth in the fee schedule and reviewed by the chief building official, and any other appropriate entity that the city manager deems necessary, the city shall issue a license for the home occupation. The city shall have the right to revoke any home occupation license for noncompliance with any regulation within this section.

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

A.

Any gasoline station (auto service stations) that offers motor fuel or sale at retail to the public must be equipped with an alternative means of power generation on site so that the station's fuel pumps may be operated in the event of a power outage. The alternative means of power generation must be maintained and kept fully operational at all times and the gasoline station must be capable of pumping motor fuel immediately following a loss of power to one hundred (100) percent of the pumps.

B.

Subsection A. applies immediately to any newly constructed gasoline station for which a certificate of occupancy is issued on or after June 1, 2006. A gasoline station that obtained a certificate of occupancy before June 1, 2006, shall have until June 1, 2006, to comply with the requirements of subsection A.

C.

Gasoline stations shall conform to all other applicable regulations including taking steps to reduce noise generated from the alternative means of power generation.

D.

Any building permits required under this section shall receive an expedited review process and building permit fees shall be waived.

E.

A violation of subsection A. will result in a five hundred dollar ($500.00) per day fine per pump.

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

It shall be unlawful for any person to land a helicopter within the corporate limits of the city without approval as hereinafter provided.

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

A.

Any person seeking approval to locate a helistop landing area within the corporate limits of the city shall file an application in writing on a petition for a special exception as provided in article 60 of this chapter. It is hereby specifically and expressly provided that an application for helistop landing area is presumed to be incompatible with adjacent zoning, land uses and development unless an applicant can clearly establish otherwise to the satisfaction of the city commission, and further provided that the applicant can demonstrate a compelling need or community benefit for such use to the satisfaction of the city commission. Such application shall contain the following additional information:

1.

Exact location of landing area;

2.

Name and mailing address of applicant;

3.

Hours of operation and frequency of landing;

4.

Estimated daily arrivals and departures;

5.

Reason for establishment of helistop landing area, specifying the nature of the service or business for which helicopters are to be used;

6.

Analysis demonstrating that the safety and compatibility of the proposed landing area and helicopter operations with abutting and nearby areas of the city.

7.

Any other information applicable to the subject request and having a bearing as its justification and approval;

8.

Applicable fees must be paid at the time of the application submittal.

B.

Any person seeking approval to land a helicopter at a construction site within the corporate limits of the city may obtain temporary authorization to land at said site from the city manager without the necessity of filing an application pursuant to section 15-5020, Application for permit; exception. Said approval shall be conditioned upon the construction site being safe for landing purposes and landings shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m.

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

This article shall not apply to helicopters landing within the city limits in case of a valid emergency landing required to preserve life or property, or to duly authorized law enforcement officers landing a helicopter during the conduct of official business, or to helicopters operated by government or quasi-government agencies landing within the city limits pursuant to written authorization by the city manager; provided that government and quasi-government agencies are required to provide the information specified in section 15-5020, application for permit; exception, and hold the city harmless from liability, whenever landing helicopters in the city under authorization from the city manager.

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

Any person who wishes to land a helicopter within the city on a temporary, nonemergency basis must apply in writing to the city manager, and must provide the information specified in section 15-5020, application for permit; exception. The city manager shall place the application on the agenda for city commission approval. Approval may be granted by the commission only upon a clear showing that the public health, safety and welfare are served thereby. City or city-sponsored events shall be exempt from this requirement.

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

Any person who shall violate any provisions of this article or fail or comply therewith or with any of the requirements thereof shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, and each landing and each takeoff that occurs in violation of this article shall constitute a separate offense.

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

A.

Accessory buildings and structures shall comply with the setback and other restrictions for the district in which they are located, except as otherwise provided in this division.

B.

No accessory building or structure shall exceed two (2) stories or twenty-five (25) feet in height.

C.

A building permit for construction of an accessory building or structure other than a fence or wall shall not be issued prior to the issuance of a building permit for the principal building. A certificate of occupancy or certificate of completion, whichever is applicable, shall not be issued for an accessory building or structure prior to the issuance of a certificate of occupancy for the principal building.

D.

No accessory building may be located so as to block fire and emergency vehicles from reaching any portion of a principal structure and shall be located a minimum of ten (10) feet from a principal structure.

E.

No accessory structure shall be placed within a utility or drainage easement without the written approval of the city engineer and all agencies having a right to the easement.

F.

Accessory buildings and structures shall not contain indoor kitchens or cooking facilities unless otherwise provided herein, nor be utilized for lodging purposes.

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

Dockage space and facilities for mooring pleasure boats and noncommercial watercraft shall be permitted in any zoning district on any waterway as an accessory use to the use of the adjacent property.

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

In residential districts, the location of accessory swimming pools, spas, screen enclosures, porches, decks, and terraces shall be subject to the following regulations:

A.

Applicability. For the purposes of this section, the term "swimming pool" shall mean a body of water eighteen (18) or more inches in depth in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults and/or children, whether or not any charge or fee is imposed under such adults or children, operated and maintained by any person, firm, partnership, association, corporation or any organization of any kind, whether an owner, lessee, operator, licensee or concessionaire.

B.

Roofed or enclosed pools. Any part of a pool which is covered by a roof or enclosed by side walls over five (5) feet in height shall be subject to the limitations on the location of a building or structure and shall not be placed in any required front yard.

C.

Measurement. For the purposes of regulating location, the minimum distance requirement from a lot line shall be measured from the exterior of the screen enclosure of a screen-enclosed pool and outer edge of a pool deck, patios, porches, and terraces and from the inner edge of waterline of the pool, waterfall or spa.

D.

Setback requirements. Pools, spas, screen enclosures, pool decks, patios, porches and terraces shall be permitted in the required side yard or rear yard only and shall not be located less than the following distances from lot lines:

E.

Swimming pool enclosures.

1.

Fence requirements. No swimming pool constructed below grade shall be erected or constructed unless same be enclosed by a type of fence as follows:

a.

The fence shall take the form of a wooden fence, a wire fence, a rock fence, a concrete block wall, or other material finished in stucco or some other decorative finish, so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of such fence shall not be less than four (4) feet and include self-closing and locking gates. A screened-in patio area completely enclosing the pool shall constitute compliance with this section of this regulation.

b.

The fence shall be erected so that it shall enclose the swimming pool area entirely, prohibiting unrestricted admittance to the enclosed area, except that along waterway plots, no such fence shall be required along the lot lines bounded by water.

c.

These regulations shall not apply to swimming pools operated in connection with any hotel, motel or other commercial ventures.

d.

Fences made of wood, wire, or rock shall not exceed a height of six (6) feet.

e.

Any person, firm or corporation desiring to erect such a pool and fence must first obtain a permit from the city before commencing construction.

2.

Application. The requirement for enclosure of swimming pools as set forth herein shall not apply to all presently existing swimming pools.

3.

Exemptions. Pools located in A-1, AE-1, and AE-2 zoning districts shall be exempt from the application of this subsection E. but shall comply with the pool enclosure requirements of the Florida Building Code.

4.

Penalty. Violations of this subsection E. shall be punishable by a fine of five hundred dollars ($500.00) per incident. Each day a violation exists shall be considered a separate violation punishable by a separate fine.

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

A game court shall be permitted on any residentially zoned property as long as the game court meets the required structure setbacks for that zoning district.

A.

No game court shall be located within a front yard, between a principal residence or over or on top of any building. No person shall construct a game court on a pad that is not level.

B.

No game court fence shall exceed ten (10) feet in height.

C.

No game court lighting shall exceed fifteen (15) feet in height or create a glare on adjacent property, provided that the height of such lighting may be increased to twenty-two (22) feet if the light poles are set back at least twice the minimum requirement in the district or seventy-five (75) feet, whichever is greater, or if trees and/or an intervening structure completely screen the light fixtures from the view of persons on adjoining single-family residential lots, whether viewed from outside or viewed from inside the dwelling unit. The combination of tree species used for such screening must have typical growth habits that would achieve adequate height and foliage coverage to fully screen the light fixtures within two (2) years of planting, and maintain full screening when mature, as certified by a licensed arborist, urban forester or landscape architect, and confirmed by city's landscaping expert. All game courts, game court fences and game court lighting standards shall be engineered to withstand the wind load and soil conditions required by the Florida Building Code, as amended from time to time.

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

Guest houses are permitted as accessory uses to a single-family detached dwelling in residential zoning districts, subject to the following regulations.

A.

A guesthouse shall not be permitted on lots smaller than thirty-five thousand (35,000) square feet in area.

B.

Guest homes shall not exceed twelve hundred (1,200) square feet of floor area.

C.

Only one (1) guesthouse shall be permitted per lot, and it may not be rented, leased or sold separately from the overall property. A guesthouse shall not contain, nor be designed to contain, a stove or range, a dishwasher, or more than one (1) refrigerator.

D.

Portable cooking equipment such as a microwave and toaster oven are not considered to be a range or cook stove. In no event shall a guesthouse be considered a dwelling unit, as defined herein. A guesthouse shall not have a separate mailing address or electrical meter.

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

This division establishes maximum fence, wall and hedge heights, and other restrictions. Minimum fencing standards for pools are established in section 15-5530, pools, decks, screen enclosures, porches and terraces, and minimum screening requirements for bufferyards are established in article 95, division 15, landscaping requirements for all new and existing residential and nonresidential uses.

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

The maximum permitted height of fences and walls within a required yard is six (6) feet, except as follows:

A.

Within or adjacent to a nonresidentially zoned property, the fence or wall may be up to eight (8) feet in height.

B.

Adjacent to a lot zoned A-1, BCA-1, AE-1 or AE-2, the fence or wall may be up to eight (8) feet in height.

C.

In RS-1, RS-2, RS-2.5, RS-3, BCRS-3 and RS-4 districts, the maximum height of a fence or wall in a front yard is four (4) feet.

D.

In any residential district, no fence or wall shall exceed two (2) feet in height above the street grade nearest thereto within ten (10) feet of the intersection of any street lines or a driveway and a street line.

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

The maximum permitted height of a hedge within a required yard is ten (10) feet, except as follows:

A.

Within or adjacent to a non-residentially zoned lot, a hedge may be up to twelve (12) feet in height.

B.

Within a residentially zoned lot in excess of one (1) acre in size, a hedge may be up to twelve (12) feet in height.

C.

On a residentially zoned lot where the yard is adjacent to a trafficway or collector roadway, a hedge may be up to twelve (12) feet in height.

D.

In any residential district, no hedge shall exceed two (2) feet in height above the street grade nearest thereto within ten (10) feet of the intersection of any street lines or a driveway and a street line.

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

A.

Fence, wall and hedge height shall be measured from the finished grade of the property upon which the fence, wall or hedge is to be installed or the centerline elevation of any abutting street, whichever is higher. Decorative lighting mounted on posts as an integral part of any fence or wall shall not be counted in determining fence height.

B.

Fences and walls shall be maintained in good repair, in compliance with section 20-120, proper maintenance required. Hedges shall be maintained in good condition in compliance with Section 95-1545, installation, maintenance and materials.

C.

No fence, wall or hedge shall encroach upon a public right-of-way without the owner of the abutting property first obtaining a right-of-way occupancy permit from the City. It is the policy of the City that fences, walls and hedges generally not be permitted to encroach upon public rights-of-way. In the event that the City authorizes such an encroachment to an abutting property owner, the property owner shall enter into an agreement with the City that is deemed acceptable by the City Attorney, indemnifying the City and acknowledging the City's right to remove all or part of the fence, wall or hedge at any time without compensation to the property owner.

D.

No fence, wall or hedge shall encroach upon a private street easement, reservation or right-of-way unless authorized by the applicable property owner's association or equivalent, and approved by the City as a site plan amendment. It is the policy of the City that fences and walls generally not be permitted to encroach upon a private street easement, reservation or right-of-way except as necessary for community entrance features, community entrance gates, and as otherwise deemed by the City Commission to be in the interest of the applicable community and the public.

E.

All fences (opaque) or walls shall, in addition to the above, incorporate at least one (1) of the following design features:

1.

Horizontal changes in direction at no less than forty-five (45) degrees to the directional plane of the wall;

2.

At intervals no greater than fifty (50) feet, vertical columns or structural elements that break the vertical and/or horizontal plane of the adjoining wall surface;

3.

Changes in wall materials and/or textures;

4.

An open break containing mounding, water features, landscaping, fencing or other landscaping materials; or

5.

A minimum ten-foot setback is required on public rights-of-way for a fence or a wall.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2024-009, § 3, 9-12-2024)

The following definitions shall be applicable to division 64 of this code.

Alcoholic beverages means all beverages containing more than one-half (½) of one (1) percent of alcohol by weight, including beer and wine.

Alcoholic beverage retail sales establishment means any establishment engaged in the business of selling alcoholic beverages for off-premises consumption that has a license for package sales from the state division of beverages and tobacco.

Alcoholic beverage establishment means any bar, lounge, saloon, bottle club, nightclub, private club, package store or any place or premises, other than a private residence or a full service restaurant, where alcoholic beverages are sold or dispensed for consumption by customers, patrons or members on the premises. Establishments which provide only snack foods or prepackaged foods incidental to consumption of alcoholic beverages on the premises shall be considered alcoholic beverage establishments.

Child care center means any child care facility of any capacity, other than a family child care home, in which less than twenty-four-hour per day nonmedical care and supervision are provided to children in a group setting.

Grocery store means an establishment primarily selling groceries and household dry goods and having at least thirty thousand (30,000) square feet of gross floor area; and, possessing a license for package sales issued by the state division of beverages and tobacco for alcoholic beverage consumption off-premises only.

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. Such establishment shall also have full kitchen facilities and shall only serve alcoholic beverages during the time the kitchen facilities are operating for service of customers.

School means an organization of pupils for instructional purposes on a kindergarten, elementary or secondary level, whether public and private.

Collectively, alcoholic beverage retail sales establishment and alcoholic beverage establishment may be referred to as restricted uses.

(Ord. No. 2020-002, § 2, 9-14-2020)

Specific distances are required between restricted uses and schools; restricted uses and places of worship; restricted uses and other restricted uses; and, restricted uses and child care centers. 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.

(a)

Restricted uses, inter-business distances. No restricted use may be located within six hundred (600) feet of another restricted use.

(b)

Place of worship, child care center, or school distances. No restricted use may be located within one thousand (1,000) feet of a place of worship, child care center, or school or property owned by a place of worship, child care center, or school and designated for use as a place of worship, child care center, or school.

(c)

Existing restricted uses. Nothing contained in this section shall be construed as preventing the renewal, continued and uninterrupted use or transfer of ownership of any current licenses issued in full compliance with all laws, ordinances or regulations applicable at the time of the original license issuance; but such licenses shall be subject to the restrictions contained in the zoning ordinance of the city. Whenever a license has been lawfully procured and thereafter a school, a place of worship, or a child care center locates within the restricted distance, such acquisition or construction shall not have cause for the revocation, renewal or transfer of ownership of alcoholic beverage licenses, provided said use is not abandoned as provided for in the land development code.

(d)

Exception. The following shall be exempt from restricted use distance separation requirements of this section:

(1)

Full service restaurants and grocery stores, as defined in this division of the code.

(2)

Bowling alley, lodges and social clubs, golf clubs. Bowling allies, lodges and social clubs, tennis clubs, and golf clubs that are licensed pursuant to F.S. § 561.20 and F.S. § 565.02.

(3)

Off-premises beer establishments. Any establishments licensed only for beer sales pursuant to F.S. § 563.02 with consumption off the premises.

Appeals. Any person, whose application has been denied, as provided in this article shall have the right to request an appeal hearing. Such hearing shall be governed in accordance with section 5-4013, appeals.

(Ord. No. 2020-002, § 2, 9-14-2020)

The following supplemental regulations shall apply to "pain management clinics" and "pharmacies", as each is defined in section 5-3530, terms defined.

A.

No business approved as a special exception under this subsection shall limit the form of payment for services or prescriptions to cash only.

B.

In the event the business applying for approval under this subsection does not accept insurance reimbursement, it must state the reason for such policy in its application and the failure of any business to accept insurance, Medicare or Medicaid reimbursements shall be considered by the planning and zoning board and city commission in making its decision as to the appropriateness of granting a special exception application.

C.

The application for special exception shall disclose in detail the owners and operators of the facility, and shall be required to update the owner/operator information annually at the time of renewal of the business tax receipt for the business, or at any time that there is a change of owner, operator or physician of record pursuant to F.S. § 458.3265 or 459.0137, as amended.

D.

The applicant shall provide to the City of Parkland proof of registration with the Florida Department of Health, pursuant to F.S. § 459.3265 or 459.0137, as amended, prior to the issuance of a business tax receipt for the business. If the registration of a pain management clinic or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 is revoked or suspended by the Florida Department of Health, the city's business tax receipt shall be revoked automatically, and shall not be subject to the provisions of subsection I. of this subsection.

E.

The application for a pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 shall include an affidavit by the owner or the physician of record pursuant to F.S. § 458.3265 or 459.0137, as amended, attesting to the fact that no employee of the business, nor any independent contractor or volunteer having regular contact with customers of the business, has been convicted of a drug-related felony within the five-year period prior to the date of the application, and that the business shall not employ or allow any such convicted employee, independent contractor, or volunteer on the premises thereafter.

F.

The business shall not be owned in whole or in part by any person who has been convicted of or who has pled guilty or nolo contendere to any felony in this state or in any other state within the five-year period prior to the date of application for a special exception use. However, in no event shall the business be owned in whole or in part by any person who has been convicted of or who has pled guilty or nolo contendere at any time to an offense constituting a felony in this state or in any other state involving the prescribing, dispensing, supplying or selling of any controlled substance.

G.

Pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 shall be limited to the hours of operation between 9:00 a.m. and 9:00 p.m., Monday through Saturday.

H.

Pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 shall post the required business tax receipt in a conspicuous location at or near the entrance of the facility so that it may be easily read at any time.

I.

No pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 shall be permitted to be located within one thousand two hundred (1,200) feet of another pain management clinic; within one thousand two hundred (1,200) feet any other use that is not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355; or within one thousand two hundred (1,200) feet of a place of worship, child care center, or school. The applicant shall furnish a certified survey to the city at the time of application for a special exception use and prior to the issuance of a business tax receipt for the business. Said survey shall be prepared by a registered land surveyor in the State of Florida, indicating the distance in linear feet between the proposed pain management clinic or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 and another pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 measured from the nearest point of one (1) facility to the nearest point of the other facility in a straight line.

J.

Pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 shall provide a minimum of one (1) parking space per ten (10) gross square feet of customer waiting area, including the lobby and seating area. The business shall also provide a minimum of one (1) parking space per one hundred fifty (150) gross square feet of the remainder of the building.

K.

Pain management clinics or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 are prohibited from having any outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic or any other uses that are not associated with hospitals which dispense such controlled substances, including sale, display, preparation, and storage, shall be conducted entirely within a completely enclosed building.

L.

If any time the city determines that a pain management clinic or any other uses that are not associated with hospitals which dispense controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 is operating in any manner that is inconsistent with, or contrary to, the provisions of this chapter or any other applicable code or statute, the city may revoke the business tax receipt.

M.

No business operating under a special exception under this subsection shall be owned, either in whole, or in part, or have any contractual relationship, whether through employment or by independent contract, with a physician who, within the five-year period prior to the date of application for a special exception or at any time after application for a special exception under this subsection, has been denied the privilege of prescribing, dispensing, administering, supplying or selling any controlled substance or who has, within the five-year period prior to the date of application for a special exception under this subsection or at any time after application for a special exception under this subsection, had any state medical board action taken against his or her medical license as a result of dependency on drugs or alcohol.

N.

The business shall be operated by a medical director who is a Florida-licensed physician.

O.

Any business approved as a special exception under this subsection shall maintain the appropriate diagnostic equipment to diagnose and treat patients complaining of chronic pain.

P.

Any business seeking approval as a special exception under this subsection shall be required to file with its special exception application a natural disaster management plan. The natural disaster management plan shall be updated annually as part of the business tax renewal process.

Q.

Any business seeking approval as a special exception under this subsection shall be required to file with its special exception application a floor plan showing the location and adequate security for protection of any controlled substance to be dispensed in the course of business.

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

A.

Setbacks. Renewable energy systems shall meet the setbacks for the zoning district in which they are proposed to be located within.

B.

Landscaping. Renewable energy system shall be screened from adjacent properties and rights-of-way.

C.

Height limitations. Renewable energy systems shall not exceed the maximum height permitted in the zoning district in which they are proposed to be located within.

D.

Permit required. A building permit shall be required prior to the installation of a renewable energy system.

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

The use of any land, structure, vehicle or conveyance for the sale of any item, or display of any item that is offered for sale, shall be deemed a prohibited use except where a site plan has been approved by the city commission for such use in a location authorized in this chapter. Under no circumstances shall city right-of-way be utilized for the sale of any item, or display of any item that is offered for sale unless authorized by special event permit pursuant to article 65, special events permit procedure. This section shall not apply to door-to-door solicitors and peddlers regulated under chapter 12 of the Code of Ordinances.

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

Medical marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin or oil extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, that are dispensed from a state licensed facility for medical use by a qualified patient.

Medical marijuana dispensary means a retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

(Ord. No. 2017-11, § 3, 11-1-2017)

In accordance with F.S. § 381.986, it is hereby expressly provided that medical marijuana dispensaries are prohibited within the city in each and every zoning district.

(Ord. No. 2017-11, § 3, 11-1-2017)