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

Accessory building means a subordinate building which is located on the same lot as the main building or on an adjacent lot, the use of which is clearly incidental to the use of the main building.

Adult arcade means an establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, videotape or playback and viewing devices, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis on adult material.

Adult bookstore means an establishment which sells, leases or rents adult material for any form of consideration, unless the adult material is accessible only be employees and either the gross income from the sale or rental of goods or services at the establishment or the individual items or adult material offered for sale or rental comprise less than fifteen (15) percent of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this chapter regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of the adult material comprises less than ten (10) percent of the gross income from the sale or rental of goods and services at the establishment, and the individual items of adult material offered for sale or rental comprise less than fifteen (15) percent of the individual items publicly displayed at the establishment as stock in trade.

Adult booth means a small enclosure within an adult entertainment establishment accessible to any person (regardless of whether a fee is charged for access) for the purpose of viewing adult materials. The term "adult booth" does not include a hallway/foyer used primarily to enter or exit the establishment or its restrooms. However, only one person shall be allowed to occupy a booth at any time.

Adult dancing means the act of performing or entertaining patrons of any commercial establishment, while exposing or exhibiting specified anatomical areas, unless otherwise permitted by this chapter.

Adult dancing establishment means any commercial establishment that suffers, permits, or allows adult dancing on its premises for more than three (3) days in a sixty-day period.

Adult entertainment establishment means an adult motion picture theater, an adult motel, an adult arcade, a leisure spa establishment, an adult bookstore, or an adult dancing establishment.

Adult materials means any one [or] more of the following:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slide or other visual representations or recordings, novelties and devices, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel means any hotel or motel, boarding house, rooming house or other lodging which includes the word "adult" in any name it uses, and otherwise advertises outside the individual rooms the presentation of film, video or any other visual material or methods which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof. For the purposes of this chapter, an adult motel is included within the definition of adult motion picture theater.

Adult motion picture theater means an enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles or other seating provisions, for any form of consideration, film, video or any other visual material or methods which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof and includes any hotel or motel, boarding house, room house or other lodging for any form of consideration which advertise the presentation of such film material. For the purposes of this chapter, an adult motion picture theater includes both an adult arcade, an adult motel, and an adult motion picture booth.

Advertising sign, general means a posted advertisement which does not apply to premises or any use of premises wherein such sign is located.

Alley means any roadway, place or public way dedicated to public use and twenty-five (25) feet or less in width, unless otherwise officially designated as a street.

Apartment or apartment house means a building occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for doing their own cooking on the premises, or by more than two (2) families, individuals or groups of individuals.

Apartment hotel means an apartment building, under resident supervision, which maintains an inner lobby through which all tenants must pass to gain access to the apartment, and which may furnish dining room service.

Applicant shall mean the person or entity seeking the site-specific rezoning or zoning variance.

Area and district may indicate and include the meaning "zone."

Automobile showroom means a building where motor vehicles are prominently displayed and offered for sale by an authorized agent.

Bar means a place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages.

Barbecue stands or barbecue pits means the same as curb or auto service cafeteria.

Bay as used in the adult use zoning regulations (section 28-205) shall mean any portion of a building or structure that is designed as a single unit for occupancy by a single tenant or condominium owner as a single, self-contained, place of business which is discrete from adjacent bays and separated from adjacent bays by a party wall(s); and that is self-contained as a place of business.

Billboard means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises whereon it is displayed.

Building height shall be measured from the current Federal Emergency Management Agency Base Flood Elevation or mean level of the ground surrounding the building to a point midway between the highest and lowest points of the a sloped roof or to the highest point of a flat roof deck; provided that chimneys, spires, towers, elevator penthouses, decorative architectural features, mechanical equipment, parapet walls, tank and similar projections shall not be included in the height.

Bungalow court or house court means a group of three (3) or more single-family dwellings on one (1) or more adjoining lots, having a separate outside entrance on the ground floor level for each single-family dwelling.

Buttock means the area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two (2) imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one-half-inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half-inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one (1) on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the other side of leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either: (i) the left inside perpendicular line and the left outside perpendicular line, or (ii) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus: (i) that is perpendicular to the ground and to the horizontal lines described above, (ii) that is one-third (⅓) of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above, and (ii) that is one-third (⅓) of the distance from the anus to the right outside line. (The above description can generally be described as covering one-third (⅓) of the buttocks centered over the cleavage for the length of the cleavage.)

Club, private shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for a profit. "Club, private" shall not include casinos, nightclubs, adult entertainment establishments as defined herein, or other institutions operated as a business.

Court means an open, unoccupied, unobstructed space, other than a yard on the same lot as a building. Trees or shrubs may be used in a court.

Establishment means the site, physical plant, or premises or portion thereof, upon which certain activities or operations are being conducted for commercial or pecuniary gain. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss and shall be presumed where the establishment has an occupational license.

Family means one (1) or more persons living together as a single housekeeping unit, supplied with a kitchen or facilities for doing their cooking on the premises.

Fowl means any guineas, peafowls, pigeons, pheasants or poultry.

Garage apartment means a detached building that is erected as an accessory building and, where permitted, contains living quarters for not more than two (2) families in addition to the garage space. Unless garage space for more than two (2) automobiles is provided, living quarters for more than one (1) family shall not be provided in the building, and the building must conform with all requirements for accessory buildings, and with lot area and floor area of apartment buildings in the zone wherein located.

Garage, community means a series of private garages, not more than one (1) story in height, located jointly on a parcel of land under a single or joint ownership, with no repairing or selling on premises.

Garage, mechanical means any premises where automotive vehicles are mechanically repaired, rebuilt or reconstructed, except those described as a private storage garage and except duly authorized agencies for the sale of new automobiles.

Garage, private means a garage building separate and apart from the principal residential building and in which no business, service or industry connected directly or indirectly with motor vehicles is carried on.

Garage, storage means any premises, except those described as a private garage, used for the storage only of automotive vehicles, or where any such vehicles are kept for remuneration, hire or sale.

Gasoline and oil filling stations means a structure or place where gasoline, oil and grease are supplied and dispensed to the motor vehicle trade, but no mechanical service performed.

Gross density means the number of dwelling units existing or proposed within an area, divided by the gross acreage of the area, including any acreage used or proposed for streets, lakes, waterways, and other permissible uses. Gross density is related to the maximum number of dwelling units permitted in the Flexibility Zone by the adopted Comprehensive Plan Future Land Use Map (FLUM).

Hotel means every building or establishment operated or intended as a place where sleeping accommodations or more than ten (10) rooms are provided for pay for the use of transient or permanent guests or tenants, but specifically excluding adult motels as defined herein, dining rooms, bar or tap rooms, principally for the accommodation of house guests, may be operated in connection with any hotel if located within the hotel premises. Bar and tap rooms are subject to existing ordinances and such other rules and regulations as may hereafter be adopted.

Hotel room means a room for the use of transient or permanent guest or tenants, having a separate entrance so it can be rented separately from, and independently of, any apartment or other room on the same premises.

Inspector means an employee of the Town of Pembroke Park Code Enforcement Department, the Town of Pembroke Park Building Department, the Broward County Sheriff's Office, the Town of Pembroke Park Planning and Development Department, or of the Town of Pembroke Park Fire/Rescue Department (or the successors of each Division and Department), or their counterpart employees of the Town of Pembroke Park who shall inspect premises licensed under this chapter and take or require the actions authorized by this chapter in case of violations being found on licensed premises, and also to inspect premises seeking to be licensed under this chapter and to require corrections of unsatisfactory conditions found on said premises.

Leisure spa service means any method of treating the external parts of the body, consisting of touching, rubbing, stroking, kneading, tapping, or vibrating; such treatments being performed by the hand or with any other body part, or by any mechanical or electrical instrument.

Leisure spa establishment means a site or premises or portion thereof, upon which any person performs any of the treatments, techniques or methods of treatment referred to in the definition of leisure spa service hereof, are administered, practiced, used, given or applied but shall not include the following: licensed health care facilities; licensed physicians or nurses engaged in the practice of their professions; educational or professional athletic facilities, if a leisure spa is a normal and usual practice in such facilities; or establishments exempted under Chapters 480 or 400, Florida Statutes, as amended.

Lot means a parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings, including the open spaces required under this title, and which parcel of land is a matter of record in the county. "Lot" includes the words "plot" and "tract".

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

Lot depth means the distance measured in a mean direction of the side lines of the lot from the midpoint of the street lot line to the opposite main rear line of the lot.

Lot, interior means a lot other than a corner lot.

Lot lines means the lines bounding a lot as defined in this section.

Lot width[s] means the lot's mean width measured at right angles to its depth.

Mixed occupancy means occupancy of a lot or land for more than one (1) use.

Multiple dwelling or apartment means a building, not a single-family dwelling or a two-family dwelling for and occupied exclusively for dwelling purposes. The term "multiple dwelling" shall be understood to include apartment houses, bungalow courts and all other family dwellings of similar character, but not to include hotels.

Net density means the number of dwelling units existing or permitted within a parcel of land, divided by the net acreage of the parcel of land prior to any dedications of land for public roadways or waterways. Net density is generally related to property ownership and does not include any portion of adjoining public roadways or waterways, except as provided in section 28-93, as may be amended.

Nightclub shall pertain to and include restaurants, dining rooms or other similar establishments where floor shows or other forms of lawful entertainment, but specifically excluding adult entertainment establishments as defined herein, are provided for the guests after 11:00 p.m.

Nonconforming use means a use which does not comply with the regulations of the district use in which it is situated.

Parking space means an off-street parking area for the parking of automobiles or motor vehicles, having an area of not less than two hundred (200) square feet for each car intended to be parked thereon, with necessary and adequate space for the approach, turning and exit of automobiles.

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

Plot means a parcel of ground containing more than one (1) lot upon which a building and its accessory buildings have been or may be erected.

Porch means a roofed space attached to the outside of an outer wall of a building, one (1) or two (2) stories in height, open on one (1) or more sides, which may have railings, screen or glass enclosure. An open or unenclosed porch is one without railing, glass, screen or similar materials on the open side.

Poultry means any chickens, turkeys, ducks or geese.

Poultry market means a commercial establishment or place where dressed poultry or fowl are kept and offered for sale and where no slaughtering is done on the premises.

Poultry, slaughtering, dressing and cleaning means a place where poultry is slaughtered, dressed or cleaned.

Public garage means a building, other than a private or a community garage, one (1) or more stories in height used for the storage and repair of automobiles.

Residence, one-family means a building used or intended to be used as a home or residence, in which all living rooms are accessible to each other from within the building, and in which such living rooms are accessible without using an entrance, vestibule, stairway or common hallway for more than one (1) family, and in which the use, arrangement and management of all sleeping quarters, all appliances for cooking, ventilating, heating or lighting, other than public or community service, are under one (1) control. A room with separate entrance and private bath may be interpreted as a separate unit by the building official, resulting in a one-family residence becoming a two-family residence and prohibited in any single-family residence zone.

Residence, two-family means a building used or intended to be used as a place of residence for not more than two (2) families, with the same definition for each place of residence within the building, or upon the same lot as applies to "one-family residence" as set out in the preceding paragraph.

Restaurant means a building or room not operated as a dining room in connection with a hotel, and specifically excluding adult entertainment establishments as defined herein, where food is prepared and served for pay and for consumption on the premises.

Rooming house means a residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for, to transient or permanent guests or tenants, in which less than ten (10) and more than three (3) rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building nor in any building in connection therewith.

Service station means a building where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade; also where battery, tire and other similar services are rendered.

Setback means the minimum horizontal distance between a building and the boundary lines of the lot on which situated. In all setback areas as provided for in this Code, in all open space, there shall be no permanent improvements of any type, including but not limited to parking spaces, driveways, sidewalks, buildings, or structures of any type. This shall not prohibit any landscaping, trellises, and fences in the setback area, provided that the site plan for such landscaping, trellises, and fences be first approved by the Planning and Zoning Board of the Town of Pembroke Park, Florida.

Specified anatomical areas means:

(1)

Less than opaquely or completely covered:

a.

Female mammary glands;

b.

Human genitals or pubic region;

c.

Human cleavage of the human buttocks.

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy urolagnia or zooerasty;

(3)

Lewd and lascivious behavior as defined by Florida Statutes and case law;

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.

Street means a thoroughfare which affords principal means of access to abutting property and including avenues, boulevards, courts, terraces or public ways over twenty (20) feet in width.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land. "Structure" includes the word "building".

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Tent means any structure or enclosure, the roof and/or one-half (½) or more of the sides of which are silk, cotton, canvas or a light material.

Tourist camp means any plot of ground where three (3) or more camp cottages are or may be located and with proper sanitary facilities as hereinafter described, or where three (3) or more cottages are or may be located, and having communal sanitary facilities, the camp being maintained for rent or without rent by any person.

Trailer park means a plot of land properly planned and subdivided particularly for the use and accommodation of automobile tourists, where spaces are provided for three (3) or more mobile homes, travel trailers, or trailers used as living or sleeping quarters, the parking spaces being maintained for rent or without rent by any person.

Used for includes the meaning "designed for".

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front means the required open space between the street line and the nearest part of any building on the lot, excluding cornices, eaves, or gutters projecting not more than twenty-four (24) inches, steps, one-story open porches, porticos, bay windows not extending through more than one (1) story and not projecting more than five (5) feet, chimneys, open balconies and terraces, except as otherwise stated. No porch, porticos, bay window, or carport, if attached to a residence, shall be within ten (10) feet of the front lot line in any zone in the Town except zones that require a greater setback.

Yard, rear means an unoccupied area extending across the full width of the lot between the rear line of any main building and the rear line of the lot, and measured at its least dimension.

Yard, side means an unoccupied area between a main building and the side line of the lot and extending from the street line to the rear yard, measured at it least dimension.

(Ord. No. 63-5-1, § 1, 5-1-63; Ord. No. 89-8-4, § 2, 8-9-89; Ord. No. 94-7-4, § 1, 7-13-94; Ord. No. 00-4-5, § 1, 4-26-00; Ord. No. 08-03-04, § 1, 3-12-08; Ord. No. 17-10-03, § 2, 10-11-17)

Cross reference— Definitions and rules of construction generally, § 1-2.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, morals and general welfare of the community. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings or requires 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. If, because of error or omission in the zoning map, any property in the Town is not shown as being in a zoning district, the classification of such property shall be M-1 Industrial District, unless changed by amendment to the zoning ordinance.

(Ord. No. 63-5-1, § 2, 5-1-63)

(a)

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit established in this chapter for the district in which such building is located.

(b)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

(c)

No lot area shall be reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations established in this chapter.

(d)

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

(e)

Every building hereafter erected shall be located on a lot as defined in this chapter.

(f)

All waterfront lots and lots without alleys must have septic tanks in the front yard, whenever sanitary sewers are not available to service the property in question.

(Ord. No. 63-5-1, § 3, 5-1-63)

The owners of lots or parcels of land within the corporate limits of the Town as now defined or as may hereafter be defined as the corporate limits of the Town, who shall subdivide or lay out such lots or grounds into a subdivision, shall as a condition precedent to the official acceptance and approval by the Town Commission of a plat of such subdivision, first fully perform and comply with the following regulations and requirements:

(1)

Profiles to be submitted. Furnish, along with each subdivision plat, a plan showing profiles of all streets and grade line of paving to be constructed, together with all culverts or other existing or proposed drainage structures. All elevations shown must be referred to U. S. C. and G. S. mean sea level.

(2)

Paved streets. Pave all streets contained in the subdivision or shown on the subdivision plat, and all such paving shall strictly conform to the specifications of the Town. Due notice of intention to begin construction shall be filed with the Clerk-Commissioner and chief building official, in order that arrangements for inspections may be made. The Clerk-Commissioner and the chief building official shall furnish paving specifications upon request.

(3)

Bond. If the plat of a subdivision is to be filed before the paving is completed, the owner shall furnish a good and sufficient bond, conditioned upon the completion of all required paving within a period not to exceed six (6) months, and in an amount equal to one dollar and twenty-five cents ($1.25) per square yard of area to be paved.

(4)

Filling. The owner shall fill all lots in the subdivision to a height equal to the crown of the next adjacent street, road or avenue.

(Ord. No. 63-5-1, § 9, 5-1-63)

Cross reference— Subdivisions, Ch. 23.

The provisions of this chapter shall be supplemental and not in lieu of all existing ordinances and regulations existing in the Town, and specifically the provisions of the official Charter of the Town.

(Ord. No. 63-5-1, § 10, 5-1-63)