Where uncertainty exists as to boundaries of any district shown on the official zoning map, the following rules shall apply:

(1)

Where such district boundaries appear to follow centerlines of streets, alleys, railroads and the like, the centerline of such shall be construed to be the boundaries. Where district boundaries appear to follow street, lot, property or similar lines, they shall be construed to follow such lines.

(2)

In unsubdivided property, or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3)

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(Ord. No. 63-5-1, § 6, 5-1-63; Ord. No. 99-6-3, § 1, 6-23-99)

In order to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the density of population; to regulate and determine the area of yards and other open spaces; to regulate and restrict the location of trades and industries; and the location of buildings erected and altered for specific uses, the Town is hereby divided into nine (9) classifications or districts as follows:

(Ord. No. 63-5-1, § 11, 5-1-63; Ord. No. 99-6-3, § 2, 6-23-99)

The districts and the boundaries of such districts as shown on the zoning map which is on file in the office of the Town Commission and designated as the "Zoning Map of the Town of Pembroke Park, Florida," are hereby adopted and made a part of this chapter. The zoning map and all notations, references and other information shown thereon shall be as much a part of this chapter as if such matters and information set forth on the map were all fully described and set out therein.

(Ord. No. 63-5-1, § 12, 5-1-63)

The official zoning map shall be identified by the signature of the Mayor attested by the Clerk-Commissioner, and bearing the seal of the Town under the following words: "This is to certify that this is the official zoning map of the Town of Pembroke Park, Florida," together with the date of adoption of this section.

(Ord. No. 63-5-1, § 13, 5-1-63; Ord. No. 99-6-3, § 3, 6-23-99)

(1)

If, in accordance with the provisions of this chapter changes are made in district boundaries or other matter portrayed on the official zoning map, promptly after the amendment has been approved by the Town Commission, there shall be made an entry on the official zoning map. The amending ordinance shall provide that such changes or amendments shall become effective upon passage and shall be entered upon the official zoning map by the administrative official by the end of the second official workday after passage.

(2)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable under the penalty provision of this chapter.

(Ord. No. 63-5-1, § 13, 5-1-63; Ord. No. 99-6-3, § 4, 6-23-99)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the Town Commission shall be the final authority as to the current zoning status of lands, buildings and other structures in the Town.

(Ord. No. 63-5-1, § 13, 5-1-63)

No mobile home except in the area zoned T-1, no tent, shack, barn, temporary buildings, outbuildings or guesthouse shall be erected in the Town without approval in writing from the Town Commission.

(Ord. No. 63-5-1, § 22, 5-1-63)

The maximum allowable residential 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. The maximum allowable density is related to property ownership and does not include any portion of adjoining public roadways or waterways. For lands within the Hollywood Ridge Farms Subdivision only, one-half (½) of the original platted road right-of-way adjoining the parcel of land may be used for density purposes. Acreage within lakes and other water bodies may not be counted for residential density purposes unless approved by the Town Commission in conjunction with a site development plan as specified in Chapter 5 Article V, entitled Earth Moving Operations, as may be amended.

(Ord. No. 08-03-04, § 2, 3-12-08)

The R-5 Residential District is intended for use as residential only, and may include single-family residences and two family (duplex) residences.

(Ord. No. 63-5-1, § 18(a), 5-1-63; Ord. No. 99-6-3, § 5, 6-23-99)

In the R-5 Residential District, the height of single-family dwellings and two family dwellings (duplexes) shall not exceed two and one-half (2½) stories or thirty-five (35) feet.

(Ord. No. 63-5-1, § 18(b), (i), 5-1-63; Ord. No. 99-6-3, § 6, 6-23-99)

In the R-5 Residential District every building hereafter erected or structurally altered shall provide a lot area per family of not less than the following:

(1)

For one (1) single-family dwelling, five thousand (5,000) square feet;

(2)

For two-family dwelling (duplex), two thousand five hundred (2,500) square feet.

(Ord. No. 63-5-1, § 18(c), 5-1-63; Ord. No. 99-6-3, § 7, 6-23-99)

In the R-5 Residential District the minimum lot width for single family residences shall be fifty (50) feet and two family (duplex) residences shall be sixty (60) feet. The minimum floor area for two-family residences (duplexes), exclusive of porches, terraces and attached garages, shall be four hundred (400) square feet per living unit. The minimum floor area for a single house shall be eight hundred (800) square feet.

(Ord. No. 63-5-1, § 18(d), 5-1-63; Ord. No. 99-6-3, § 8, 6-23-99)

In the R-5 Residential District there shall be a front yard of not less than twenty (20) feet in depth, measured from the edge of the abutting street. If such abutting street is to have a greater width as provided under the street-widening program, the front yard shall be not less than twenty (20) feet in depth, measured from the edge of the widened street. Where such structure is erected on a corner lot the twenty-foot depth regulation shall be enforced on both streets or any number of streets abutting the property.

(Ord. No. 63-5-1, § 18(e), 5-1-63; Ord. No. 99-6-3, § 9, 6-23-99)

In the R-5 Residential District there shall be side yards, and the width of each shall not be less than eight (8) feet for single-family units or duplexes.

(Ord. No. 63-5-1, § 18(f), 5-1-63; Ord. No. 99-6-3, § 10, 6-23-99)

In the R-5 Residential District there shall be a rear yard not less than fifteen (15) feet in depth of the lot. Where the lot abuts upon a waterway or lake, the rear yard shall be not less than fifteen (15) feet measured from the edge of the waterway or lake, in which area no buildings shall be erected.

(Ord. No. 63-5-1, § 18(g), 5-1-63; Ord. No. 99-6-3, § 11, 6-23-99)

Editor's note— Ord. No. 99-6-3, § 12, adopted June 23, 1999, repealed § 28-113, which pertained to parking space, and derived from Ord. No. 63-5-1, § 18(h), adopted May 1, 1963.

The RM-10 Moderate Density Residential District is intended for use as residential only and may include either attached or detached single-family, two-family (duplex), or other lower intensity residential dwelling units and customary accessory uses consistent with the Low-Medium (5-10 DUA) Residential category depicted on the Town's adopted Comprehensive Plan Future Land Use Map (FLUM). The RM-10 district designated lands are part of the Mobile Home/RV Park communities in the Town of Pembroke Park either near I-95 or the Dale Village community. Those areas are currently used for mobile home uses and are restricted to one-story. Building massing and building heights in the RM-10 District are restricted to be compatible with the character of existing developments in the zoning district.

(Ord. No. 08-03-03, § 1, 3-12-08)

No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses:

(a)

Any use permitted in the R-5 District subject to the limitations, requirements and procedures specified in the zoning ordinance for such use in that district.

(b)

Zero lot line dwellings.

(c)

Multiple-family dwellings including villas, patio homes and townhouses.

(d)

Antennas and transmission towers if approved by the Town Commission in accordance with Article VII of the Zoning Code.

(e)

Uses accessory to any of the above uses when located on the same plot.

(Ord. No. 08-03-03, § 1, 3-12-08)

Every plot shall have a minimum size of one (1) acre with a minimum width of one hundred (100) feet.

(Ord. No. 08-03-03, § 1, 3-12-08)

The maximum combined area occupied by all main and accessory structures shall be thirty (30) percent.

(Ord. No. 08-03-03, § 1, 3-12-08)

No building or structure, or part thereof, used for residential purposes, shall be erected or altered to a height exceeding twelve (12) feet or one (1) story in height within seventy (70) feet of the boundary of a plot line. A building or structure, or part thereof, used for residential purposes located more than seventy (70) feet from a plot line may not exceed twenty-five (25) feet or two (2) stories in height. Accessory buildings or structures such as community buildings for recreation, laundry, meetings and offices shall not exceed twenty-five (25) feet or two (2) stories in height.

(Ord. No. 08-03-03, § 1, 3-12-08)

Every plot shall have a front yard setback of not less than fifty (50) feet in depth if abutting an arterial roadway, as depicted on the Broward County Trafficway Plan, or not less than twenty-five (25) feet in depth abutting any other roadway.

(Ord. No. 08-03-03, § 1, 3-12-08)

Every plot shall have side yard setbacks of not less than fifteen (15) feet in depth.

(Ord. No. 08-03-03, § 1, 3-12-08)

Every plot shall have a rear yard setback of not less than twenty (20) feet in depth.

(Ord. No. 08-03-03, § 1, 3-12-08)

All side or rear yards that abut a street shall have a minimum dimension which is the greater of the front yard or the applicable side or rear yard requirement.

(Ord. No. 08-03-03, § 1, 3-12-08)

(a)

Vehicular use shall not be located within the first ten (10) feet of the required front yard on all plots and shall not be located within five (5) feet of a required side yard and five (5) feet of a required rear yard.

(b)

No vehicular encroachment, other than necessary ways, shall be permitted within the above required setbacks or a required buffer.

(Ord. No. 08-03-03, § 1, 3-12-08)

All vehicular use areas shall be separated from any building by at least a ten-foot unpaved landscape area. Perpendicular sidewalks leading to building entrances may be located in this area.

(Ord. No. 08-03-03, § 1, 3-12-08)

No building or structure shall be erected or altered to a length greater than two hundred (200) feet.

(Ord. No. 08-03-03, § 1, 3-12-08)

Buildings shall be separated by at least twenty (20) feet at the closest point or by the sum of the building heights divided by two (2), whichever is greater.

(Ord. No. 08-03-03, § 1, 3-12-08)

Each plot of less than one and one-half (1½) acres in total area shall provide at least forty (40) percent of its area in landscaped open space. Each plot greater than or equal to one and one-half (1½) acres in total area shall provide at least forty-five (45) percent of its area in landscaped open space. For the purposes of this section, recreational facilities (i.e. tot lots, swimming pools, etc.) shall be considered landscaped open space.

(Ord. No. 08-03-03, § 1, 3-12-08)

(a)

Plots shall contain a minimum useable open space of six and one-half (6½) percent of the total plot area.

(b)

Developments of three (3) acres or more in size shall provide a play lot with play equipment designed for children ages two (2) through six (6). Said play lot shall have at least fifteen (15) square feet of area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be seven hundred fifty (750) square feet. The play lot shall be located away from any street, lake or canals and shall be fenced. The multifamily development shall locate the play lot in an area which is not directly adjoining or across a water body from any R-5 or T-1 zoned plot unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings between the play lot and the R-5 or T-1 zoned plat to reduce noise. The play lot and equipment shall be constructed in accordance with the United States Consumer Products Safety Commission guidelines. A plot may use all or a portion of its useable open space requirement to satisfy the requirement to provide a play lot. However, the requirement for a play lot will not be applied to multifamily developments, or those portions of multifamily development, restricted by deed, a notation on the face of the plat or other recorded instrument which in the opinion of the Town Attorney creates said restriction to adults.

(c)

For the purpose of the section, recreational facilities (i.e. tot lots, swimming pools, etc.) shall be considered useable open space.

(d)

The development shall locate any game courts in an area which is not directly adjoining or across a water body or local street from any R-5 or T-1 zoned plot, unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings between the R-5 or T-1 zoned plots and the game courts to reduce noise.

(Ord. No. 08-03-03, § 1, 3-12-08)

The minimum floor area of a one-family dwelling unit shall not be less than one thousand two hundred (1,200) square feet and the minimum floor area of a dwelling unit in a two-family dwelling (duplex) shall be not less than eight hundred (800) square feet.

The minimum floor area of a dwelling unit in a multiple family development shall not be less than as follows:

(Ord. No. 08-03-03, § 1, 3-12-08)

Each plot or portion of a plot which is zoned RM-10 shall not exceed a density of ten (10) dwelling units per gross acre provided the requirements of the Code of Ordinances (and the Land Development Code) and Comprehensive Plan are satisfied or the Town Commission authorizes the uses of reserve or flexibility units.

(Ord. No. 08-03-03, § 1, 3-12-08)

When an RM-10 zoned plot abuts or is across a water body or street from any R-5, T-1 or similar zoning classification in an adjoining governmental jurisdiction, a buffer area shall be required on the RM-10 zoned property which satisfies one of the following options:

(a)

When a wall or berm is used: The buffer area shall include a solid opaque screen with a minimum height of six (6) feet and a maximum height of ten (10) feet. The minimum width of the buffer area shall be fifteen (15) feet where abutting any street, R-5, T-1 or similar zoned plot and ten (10) feet where abutting any other zoned plot. This option may be used without placing a solid opaque screen on the RM zoned plot if the abutting plot has a minimum six-foot high solid opaque screen between the plots.

(b)

When a wall or berm is not used: The minimum width of any such buffer shall be fifteen (15) feet to screen adjoining streets, parking lots, other vehicle use areas or single story buildings. Where there is no vehicle uses area between a building and the plot line abutting any R-5, T-1 or similar zoned plot, then the minimum width of the buffer shall be ten (10) feet in width.

The buffer shall be landscaped in accordance with the provisions set forth elsewhere in this chapter.

(Ord. No. 08-03-03, § 1, 3-12-08)

The RM-16A Medium Density Residential District is intended primarily for use as residential, however, certain other uses may be permitted as a conditional use. This zoning district is intended primarily for the southwestern area of the current Town of Pembroke Park that was previously within the former Town of Hollywood Ridge Farms. Preferred development structures include multifamily dwelling uses such as multi-story mid-rises, 2-story garden apartments, townhouses, villas and other attached units. However, detached single-family dwelling units and landscape nurseries are permitted as well and are consistent with the Medium (10-16 DUA) Residential category depicted on the Town's adopted Comprehensive Plan Future Land Use Map (FLUM).

(Ord. No. 08-03-01, § 2, 3-12-08)

No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses:

(a)

Multiple dwellings including villas and patio homes.

(b)

Any use permitted in the R-5 Zoning District subject to the limitations, requirements and procedures specified in the zoning ordinance for such use in that zoning district.

(c)

Zero lot line dwellings.

(d)

Uses accessory to any of the above uses when located on the same plot.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 3, 3-12-08)

The following uses shall only be conditionally permitted subject to the procedures and requirements provided elsewhere in this chapter.

(1)

Nursery schools or child centers, subject to the following standards:

a.

Buildings shall be located at least thirty (30) feet from any property line.

b.

Nursery schools or child care centers shall have at least one (1) completely fenced and secure play lot which shall be established, maintained and used for children at play. The fence shall be not less than five (5) feet in height.

c.

Play lots located closer than fifty (50) feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five (5) feet in height.

(Ord. No. 97-3-1, § 1, 3-12-97)

Every plot shall have a minimum size of one acre with a minimum width of one hundred (100) feet.

(Ord. No. 97-3-1, § 1, 3-12-97)

The maximum combined area occupied by all main and accessory structures shall be thirty (30) percent for buildings three (3) stories and under; maximum coverage for four-story buildings shall be twenty-eight (28) percent.

(Ord. No. 97-3-1, § 1, 3-12-97)

No building or structure, or part thereof, shall be erected or altered to a height exceeding forty-five (45) feet with a maximum of four (4) stories.

(Ord. No. 97-3-1, § 1, 3-12-97)

(a)

Residential uses: Every plot used for dwelling purposes shall have a front yard of not less than fifty (50) feet in depth if abutting an arterial roadway, as depicted on the Broward County Trafficways Plan, or not less than twenty-five (25) feet in depth or depth equal to the height of the building, whichever is greater.

(b)

Nonresidential uses: Every plot whose principal use is nonresidential shall have a front yard of not less than thirty (30) feet in depth or a depth equal to the height of the building, whichever is greater.

(Ord. No. 97-3-1, § 1, 3-12-97)

For the purpose of applying the side yard requirements which follow, "abut" or "abutting" shall mean that the RM zone plot adjoins or is across a water body or local street from any R-5 zoned plot.

(a)

Residential uses that do not abut an R-5 zoned plot: Such plots shall have a side yard, on each side which does not abut an R-5 zoned plot, of at least fifteen (15) feet or one-half (1/2) of the height of the building, whichever is greater.

(b)

Nonresidential uses that do not abut an R-5 zoned plot: Such plots shall have a side yard, on each side which does not abut an R-5 zoned plot, of at least twenty (20) feet plus one (1) foot for each two (2) feet of building height, or portion thereof, over twenty (20) feet.

(c)

Residential or nonresidential uses on each side abutting an R-5 zoned plot: Such plots shall have the following side yard setbacks:

(1)

Not less than twenty (20) feet in depth plus one (1) foot for each two (2) feet in building height over twenty (20) feet for nonresidential uses.

(2)

Not less than fifteen (15) feet in depth for residential uses.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 4, 3-12-08)

For the purpose of applying the rear yard requirements which follow, "abut" or "abutting" shall mean that the RM zoned plot adjoins or is across a water body or local street from any R-5 zoned plot.

(a)

Residential uses that do not abut an R-5 zoned plot: Such plots shall have a rear yard of not less than twenty (20) feet in depth plus one (1) foot for each two (2) feet in building height, or portion thereof, over twenty (20) feet.

(b)

Nonresidential uses that do not abut an R-5 zoned plot: Such plots shall have a rear yard of not less than twenty-five (25) feet plus one (1) foot for each two (2) feet of building height, or portion thereof, over twenty (20) feet.

(c)

Residential or nonresidential uses abutting an R-5 zoned plot: Such plots shall have the following rear yard setbacks:

(1)

Not less than twenty-five (25) feet in depth plus one (1) foot for each two (2) feet in building height over twenty (20) feet for nonresidential uses.

(2)

Not less than twenty (20) feet in depth for residential uses plus one (1) foot for each two (2) feet in building height over twenty (20) feet.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 5, 3-12-08)

All side or rear yards that abut any street shall have a minimum dimension which is the greater of the front yard or the applicable side or rear yard requirement.

(Ord. No. 97-3-1, § 1, 3-12-97)

(a)

Vehicular use shall not be located within the first ten (10) feet of a required front yard on all plots and shall not be located within five (5) feet of a required side yard and five (5) feet of a required rear yard.

(b)

No vehicular encroachment, other than necessary access ways, shall be permitted within the above required setbacks or a required buffer.

(Ord. No. 97-3-1, § 1, 3-12-97)

A vehicular use area shall be separated from any building by at least a ten-foot unpaved landscape area. Perpendicular sidewalks leading to building entrances may be located in this area.

(Ord. No. 97-3-1, § 1, 3-12-97)

No building or structure shall be erected or altered to a length greater than two hundred (200) feet.

(Ord. No. 97-3-1, § 1, 3-12-97)

(a)

Standard building separations. Buildings shall be separated by at least twenty (20) feet at the closest point or by the sum of the building heights divided by two (2), whichever is greater.

(b)

Special building separations:

(1)

Buildings arranged in a lineal form with a combined length in excess of four hundred (400) feet shall have a minimum separation twice the distance specified in subsection (a) of this section. Where buildings are back-to-back, front-to-front, or front-to-back, the minimum distance between any two (2) buildings so situated shall be the greater of twenty (20) feet or the sum of the building heights divided by two (2). However, the average separation between such buildings shall not be less than forty (40) feet.

(2)

When buildings arranged in a lineal form are staggered by a minimum offset of five (5) percent of the combined building lengths or where the buildings are arranged to form a angle greater than fifteen (15) degrees end-to-end, the lineal standards shall not be applied.

(Ord. No. 97-3-1, § 1, 3-12-97)

Each plot of less than one and one-half (1.5) acres in total area shall provide at least forty (40) percent of its area in landscaped open space. Each plot greater than or equal to one and one-half (1.5) acres in total area shall provide at least forty-five (45) percent of its area in landscaped open space. For the purpose of this section, recreation facilities, (i.e. tot lots, swimming pools, etc.) shall be considered landscaped open space.

(Ord. No. 97-3-1, § 1, 3-12-97)

(a)

Plots shall contain a minimum useable open space of six and one-half (6½) percent of the plot area.

(b)

Multifamily developments of three (3) acres or more in size shall provide a play lot with play equipment designed for children ages two (2) through six (6). Said play lot shall have at least fifteen (15) square feet or area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be seven hundred fifty (750) square feet. The play lot shall be located away from streets, lakes or canals and shall be fenced. The multifamily development shall locate the play lot in an area which is not directly adjoining or across a water body from any R-5 or T-1 zoned plot unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings between the R-5 or T-1 zoned plot and the play lot to reduce noise. The play lot and equipment shall be constructed in accordance with the United States Consumer Products Safety Commission guidelines. A plot may use all or a portion of its useable open space requirements to satisfy the requirement to provide a play lot. However, the requirement for a plot lot will not be applied to multifamily developments, or those portions of a multifamily development, restricted by deed, a notation on the face of the plat or other recorded instrument which in the opinion of the Town Attorney creates said restriction to adults.

(c)

For the purpose of the section, recreation facilities (i.e. tot lots, swimming pools, etc.) shall be considered useable open space.

The development shall locate any game courts in an area which is not directly adjoining or across a water body or local street from any R-5 or T-1 zoned plot, unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings between the R-5 or T-1 zoned plot and the game courts to reduce noise.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 6, 3-12-08)

The minimum floor area of a one-family dwelling unit shall not be less than one thousand two hundred (1,200) square feet and the minimum floor area of dwelling unit in a two-family dwelling (duplex) shall be not less than eight hundred (800) square feet.

The minimum floor area of a dwelling unit in a multiple family dwelling shall not be less than as follows:

Dwelling Unit Type
Minimum Floor Area
(square feet)

(1)

Efficiency unit .....550

(2)

One-bedroom unit .....750

(3)

Two-bedroom unit .....900

(4)

For each additional bedroom in excess of two (2) .....add 150

(Ord. No. 97-3-1, § 1, 3-12-97)

Each plot or portion of a plot which is zoned RM-16A shall not exceed a density of sixteen (16) dwelling units per gross acre provided the requirements of the Code of Ordinances (and the Land Development Code) and Comprehensive Plan are satisfied or the Town Commission authorizes the use of reserve or flexibility units, if required.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 7, 3-12-08)

When an RM-16A zoned plot abuts or is across a water body or street from any R-5 or T-1 zoned plot, a buffer area shall be required on the RM-16A zoned property which satisfies one of the following criteria:

(a)

When a wall or berm is used: The buffer area shall include a solid opaque screen with a minimum height of four (4) feet and a maximum height of six (6) feet. The minimum width of the buffer area shall be fifteen (15) feet where abutting any R-5, T-1 or similarly zoned plot and ten (10) feet where abutting any other zoned plot. This option may be used without placing a solid opaque screen on the RM-16A zoned plot if the abutting plot has a minimum four-foot high solid opaque screen between the plots.

(b)

When a wall or berm is not used: The minimum width of any such buffer shall be fifteen (15) feet to screen adjoining streets, parking lots, other vehicle use areas or single story buildings. Where there is no vehicle uses area between a building and the plot line abutting any R-5, T-1 or similarly zoned plot, then the minimum width of the buffer shall be fifteen (15) feet in width.

(Ord. No. 97-3-1, § 1, 3-12-97; Ord. No. 08-03-01, § 8, 3-12-08)

The RM-16B Medium Density Residential District is intended primarily for residential uses if re-development occurs in the Mobile Home/RV Parks located in the eastern areas of the Town of Pembroke Park. Parcels of land in this area are generally very large, un-platted and have been used as Mobile Home/RV Parks communities since the mid 1950s. Preferred development types include single-family (either traditional or zero lot line), two-family (duplex) and lower intensity multifamily development uses such as villas and other attached units and customary accessory uses consistent with the Medium (10-16 DUA) Residential category depicted on the Town's adopted Comprehensive Plan Future Land Use Map (FLUM). The areas currently used for Mobile Home/RV Parks uses are restricted to one-story structures in the Town Code. As such development intensities, building massing and building heights in the RM-16B District are restricted to be compatible with the character of existing developments.

(Ord. No. 08-03-02, § 1, 3-12-08)

No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses:

(a)

Multiple dwellings including villas and patio homes.

(b)

Any use permitted in the R-5 District subject to the limitations, requirements and procedures specified in the zoning ordinance for such use in that district.

(c)

Zero lot line dwellings.

(d)

Uses accessory to any of the above uses when located on the same plot.

(Ord. No. 08-03-02, § 1, 3-12-08)

Every plot shall have a minimum size of one acre with a minimum width of one hundred (100) feet.

(Ord. No. 08-03-02, § 1, 3-12-08)

The maximum combined area occupied by all main and accessory structures shall be thirty-five (35) percent.

(Ord. No. 08-03-02, § 1, 3-12-08)

No building or structure, or part thereof, used for residential purposes, shall be erected or altered to a height exceeding twelve (12) feet or one story in height within seventy (70) feet of the boundary of a plot line. A building or structure used for residential purposes located more than seventy (70) feet from a plot line may not exceed twenty-five (25) feet or two (2) stories in height. Accessory buildings or structures such as community buildings for recreation, laundry, meetings and offices shall not exceed twenty-five (25) feet or two (2) stories in height.

(Ord. No. 08-03-02, § 1, 3-12-08)

Every plot shall have a front yard setback of not less than fifty (50) feet in depth if abutting an arterial roadway, as depicted on the Broward County Trafficway Plan, or not less than twenty-five (25) feet in depth abutting any other roadway.

(Ord. No. 08-03-02, § 1, 3-12-08)

Every plot shall have side yard setbacks of not less than fifteen (15) feet in depth.

(Ord. No. 08-03-02, § 1, 3-12-08)

Every plot shall have a rear yard setback of not less than twenty (20) feet in depth.

(Ord. No. 08-03-02, § 1, 3-12-08)

All side or rear yards that abut a street shall have a minimum dimension which is the greater of the front yard or the applicable side or rear yard requirement.

(Ord. No. 08-03-02, § 1, 3-12-08)

(a)

Vehicular use shall not be located within the first ten (10) feet of the required front yard on all plots and shall not be located within five (5) feet of a required side yard and five (5) feet of a required rear yard.

(b)

No vehicular encroachment, other than necessary ways, shall be permitted within the above required setbacks or a required buffer.

(c)

Notwithstanding the above, for single-family developments, the Town Commission may elect to approve modified criteria based on the site development plan design.

(Ord. No. 08-03-02, § 1, 3-12-08)

All vehicular use areas shall be separated from any building by at least a ten-foot unpaved landscape area, except for a driveway to a garage or covered parking structure. Perpendicular sidewalks leading to building entrances may be located in this area.

(Ord. No. 08-03-02, § 1, 3-12-08)

No building or structure shall be erected or altered to a length greater than two hundred (200) feet.

(Ord. No. 08-03-02, § 1, 3-12-08)

Buildings shall be separated by at least twenty (20) feet at the closest point or by the sum of the building heights divided by two (2), whichever is greater.

(Ord. No. 08-03-02, § 1, 3-12-08)

Each plot of less than one and one-half (1½) acres in total area shall provide at least forty (40) percent of its area in landscaped open space. Each plot greater than or equal to one and one-half (1½) acres in total area shall provide at least forty-five (45) percent of its area in landscaped open space. For the purposes of this section, recreational facilities (i.e. tot lots, swimming pools, etc.) shall be considered landscaped open space.

(Ord. No. 08-03-02, § 1, 3-12-08)

(a)

Plots shall contain a minimum useable open space of six and one-half (6½) percent of the total plot area.

(b)

Developments of three (3) acres or more in size shall provide a play lot with play equipment designed for children ages two (2) through six (6). Said play lot shall have at least fifteen (15) square feet of area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be seven hundred fifty (750) square feet. The play lot shall be located away from any street, lake or canals and shall be fenced. The development shall locate the play lot in an area which is not directly adjoining or across a water body from any R-5 or T-1 zoned plot unless it is impractical, as determined by the Town Commission, or the development employs other site planning criteria such as increased and staggered plantings between the play lot and the R-5 or T-1 zoned plat to reduce noise. The play lot and equipment shall be constructed in accordance with the United States Consumer Products Safety Commission guidelines. A plot may use all or a portion of its useable open space requirement to satisfy the requirement to provide a play lot. For the purpose of the section, recreational facilities (i.e. tot lots, swimming pools, etc.) shall be considered useable open space. However, the requirement for a play lot will not be applied to multifamily developments, or those portions of development, restricted by deed, a notation on the face of the plat or other recorded instrument which in the opinion of the Town Attorney creates said restriction to adults.

(c)

The development shall locate any game courts in an area which is not directly adjoining or across a water body or local street from any R-5 or T-1 zoned plot, unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings between the game courts and the R-5 or T-1 zoned plot to reduce noise.

(Ord. No. 08-03-02, § 1, 3-12-08)

The minimum floor area of a one-family dwelling unit shall not be less than one thousand two hundred (1,200) square feet and the minimum floor area of a dwelling unit in a two-family dwelling (duplex) shall be not less than eight hundred (800) square feet.

The minimum floor area of a dwelling unit in a multiple family development shall not be less than as follows:

(Ord. No. 08-03-02, § 1, 3-12-08)

Each plot or portion of a plot which is zoned RM-16B shall not exceed a density of sixteen (16) dwelling units per gross acre provided the requirements of the Code of Ordinances (and the Land Development Code) and Comprehensive Plan are satisfied or the Town Commission authorizes the uses of reserve or flexibility units.

(Ord. No. 08-03-02, § 1, 3-12-08)

When an RM-16B zoned plot abuts or is across a water body or street from any R-5, T-1 or similar zoning classification in an adjoining governmental jurisdiction, a buffer area shall be required on the RM-16B zoned property which satisfies one of the following options:

(a)

When a wall or berm is used: The buffer area shall include a solid opaque screen with a minimum height of six (6) feet and a maximum height of ten (10) feet. The minimum width of the buffer area shall be fifteen (15) feet where abutting any street, R-5, T-1 or similar zoned plot and ten (10) feet where abutting any other zoned plot. This option may be used without placing a solid opaque screen on the RM zoned plot if the abutting plot has a minimum four-foot high solid opaque screen between the plots.

(b)

When a wall or berm is not used: The minimum width of any such buffer shall be fifteen (15) feet to screen adjoining parking lots, other vehicle use areas or single story buildings. Where there is no vehicular use area between a building and the plot line abutting any R-5 or T-1 zoned plot then the minimum width of the buffer shall be fifteen (15) feet.

The buffer shall be landscaped in accordance with the provisions set forth elsewhere in this chapter.

(Ord. No. 08-03-02, § 1, 3-12-08)

The purpose of the RM-25 Medium High Density Multiple Family Residential District is to provide development at higher densities in conformance with the Medium High Density Land Use category identified in the Town's Comprehensive Plan.

(Ord. No. 99-6-4, § 1, 6-23-99)

No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses:

(1)

Multiple dwellings.

(2)

Uses accessory to any of the above uses when located on the same plot.

(Ord. No. 99-6-4, § 1, 6-23-99)

The following uses shall only be conditionally permitted subject to the procedures and requirements provided elsewhere in this chapter.

(1)

Nursery schools or child centers, subject to the following standards:

a.

Buildings shall be located at least thirty (30) feet from any property line.

b.

Nursery schools or child care centers shall have at least one (1) completely fenced and secure play lot which shall be established, maintained and used for children at play. The fence shall be not less than five (5) feet in height.

c.

Play lots located closer than fifty (50) feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five (5) feet in height.

(2)

Hotels/motels.

(Ord. No. 99-6-4, § 1, 6-23-99)

Every plot shall have a minimum size of one (1) acre with a minimum width of one hundred (100) feet.

(Ord. No. 99-6-4, § 1, 6-23-99)

The maximum combined area occupied by all main and accessory structures on a plot shall be thirty (30) percent.

(Ord. No. 99-6-4, § 1, 6-23-99)

No building or structure, or part thereof, shall be erected or altered to a height exceeding forty-five (45) feet with a maximum of four (4) stories.

(Ord. No. 99-6-4, § 1, 6-23-99)

(1)

Residential uses: Every plot used for dwelling purposes shall have a front yard of not less than fifty (50) feet in depth if abutting an arterial roadway, as depicted on the Broward County Trafficways Plan, or not less than twenty-five (25) feet in depth or depth equal to the height of the building, whichever is greater, if not on an arterial roadway.

(2)

Nonresidential uses: Every plot whose principal use is nonresidential shall have a front yard of not less than thirty (30) feet in depth or a depth equal to the height of the building, whichever is greater.

(Ord. No. 99-6-4, § 1, 6-23-99)

For the purpose of applying the side yard requirements which follow, "abut" or "abutting" shall mean that the RM-25 zone plot adjoins or is across a water body or local street from any R-5 zoned plot.

(1)

Residential uses that do not abut an R-5 zoned plot: Such plots shall have a side yard, on each side which does not abut an R-5 zoned plot, of at least fifteen (15) feet or one-half (½) of the height of the building, whichever is greater.

(2)

Nonresidential uses that do not abut an R-5 zoned plot: Such plots shall have a side yard, on each side which does not abut an R-5 zoned plot of at least twenty (20) feet plus one (1) foot for each two (2) feet in building height, or portion thereof, over twenty (20) feet.

(3)

Residential or nonresidential uses on each side abutting an R-5 zoned plot: Such plots shall have the following side yard setbacks:

a.

Not less than twenty (20) feet in depth plus one (1) foot for each two (2) feet in building height for nonresidential uses.

b.

Not less than fifteen (15) feet in depth for residential uses.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-146; however, due to the existence of a § 28-146, this section was renumbered § 28-145.1 at the editor's discretion.

For the purpose of applying the rear yard requirements which follow, "abut" or "abutting" shall mean that the RM-25 zoned plot adjoins or is across a water body or local street from any R-5 zoned plot.

(1)

Residential uses that do not abut an R-5 zoned plot: Such plots shall have a rear yard of not less than twenty (20) feet in depth plus one (1) foot for each two (2) feet in building height, or portion thereof, over twenty (20) feet.

(2)

Nonresidential uses that do not abut an R-5 zoned plot: Such plots shall have a rear yard of not less than twenty-five (25) feet in depth plus one (1) foot for each two (2) feet in building height, or portion thereof, over twenty (20) feet.

(3)

Residential or nonresidential uses abutting an R-5 zoned plot: Such plots shall have the following rear yard setbacks:

a.

Not less than twenty-five (25) feet in depth plus one (1) foot for each two (2) feet in building height for nonresidential uses.

b.

Not less than twenty (20) feet in depth plus one (1) foot for each two (2) feet in building height for residential uses.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-147; however, due to the existence of a § 28-147, this section was renumbered § 28-145.2 at the editor's discretion.

All side or rear yards that abut any street shall have a minimum dimension which is the greater of the front yard of the applicable side or rear yard requirement.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-148; however, due to the existence of a § 28-148, this section was renumbered § 28-145.3 at the editor's discretion.

(1)

Vehicular use shall not be located within the first ten (10) feet of a required front yard on all plots and shall not be located within five (5) feet of a required side yard and five (5) feet of a required rear yard.

(2)

No vehicular encroachment, other than necessary access ways, shall be permitted within the above required setbacks or a required buffer.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-149; however, due to the existence of a § 28-149, this section was renumbered § 28-145.4 at the editor's discretion.

A vehicular use area shall be separated from any building by at least a ten (10) foot unpaved landscape area. Perpendicular sidewalks leading to building entrances may be located in this area.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-150; however, due to the existence of a § 28-150, this section was renumbered § 28-145.5 at the editor's discretion.

No building or structure shall be erected or altered to a length greater than two hundred (200) feet.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-151; however, due to the existence of a § 28-151, this section was renumbered § 28-145.6 at the editor's discretion.

(1)

Standard building separations. Buildings shall be separated by at least twenty (20) feet at the closest point or by the sum of the building heights divided by two (2), whichever is greater.

(2)

Special building separations:

(a)

Buildings arranged in a lineal form with a combined length in excess of four hundred (400) feet shall have a minimum separation twice the distance specified in subsection (1) of this section. Where buildings are back-to-back, front-to-front, or front-to-back, the minimum distance between any two (2) buildings so situated shall be the greater of twenty (20) feet or the sum of the building heights divided by two (2). However, the separation between such buildings shall not be less than forty (40) feet.

(b)

When buildings arranged in a lineal form are staggered by a minimum offset of five (5) percent of the combined building lengths or where the buildings are arranged to form an angle greater than fifteen (15) degrees end-to-end, the lineal standards of subsection 2(a) shall not be applied.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-152; however, due to the existence of a § 28-152, this section was renumbered § 28-145.7 at the editor's discretion.

Each plot of less than one and one-half (1½) acres in total area shall provide at least thirty (30) percent of its area in landscaped open space. Each plot greater than or equal to one and one-half (1½) acres in total area shall provide at least thirty-five (35) percent of its area in landscaped open space. For the purpose of this section, recreation facilities, (i.e. tot lots, swimming pools, etc.) shall be considered landscaped open space.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-153; however, due to the existence of a § 28-153, this section was renumbered § 28-145.8 at the editor's discretion.

(1)

Plots shall contain a minimum useable open space of six and one-half (6½) percent of the plot area.

(2)

Multifamily developments of two (2) acres or more in size shall provide a play lot with play equipment designed for children ages two (2) through six (6). Said play lot shall have at least fifteen (15) square feet of area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be seven hundred fifty (750) square feet. The play lot shall be located away from streets, lakes or canals and shall be fenced. The multifamily development shall locate the play lot in an area which is not directly adjoining or across a water body from any R-5 zoned plot unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings to reduce noise. The play lot and equipment shall be constructed in accordance with the United States Consumer Products Safety Commission guidelines. A plot may use all or a portion of its usable open space requirements to satisfy the requirement to provide a play lot. However, the requirement for a plot lot will not be applied to multifamily developments, or those portions of a multifamily development, restricted by deed, a notation on the face of the plot or other recorded instrument which in the opinion of the town attorney creates said restriction to adults.

(3)

The development shall locate any game courts in an area which is not directly adjoining or across a water body or local street from any R-5 zoned plot, unless it is impractical, as determined by the Town Commission, or the multifamily development employs other site planning criteria such as increased and staggered plantings to reduce noise.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-154; however, due to the existence of a § 28-154, this section was renumbered § 28-145.9 at the editor's discretion.

The minimum floor area of a dwelling unit in a multiple family dwelling shall not be less than as follows:

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-155; however, due to the existence of a § 28-155, this section was renumbered § 28-145.10 at the editor's discretion.

Each plot or portion of a plot which is zoned RM-25 shall not exceed a density of twenty-five (25) dwelling units per gross acre provided the requirements of the Code of Ordinances (and the land development code) and Comprehensive Plan are satisfied or the Town Commission authorizes the use of reserve or flexibility units.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-156; however, due to the existence of a § 28-156, this section was renumbered § 28-145.11 at the editor's discretion.

When an RM-25 zoned plot abuts or is across a water body or local street from any R-5 zoned plot, a buffer area shall be required on the RM-25 zoned property which satisfies one of the following options:

(1)

When a wall or berm is used: The buffer area shall include a solid opaque screen with a minimum height of four (4) feet and a maximum height of six (6) feet. The minimum width of the buffer area shall be fifteen (15) feet where abutting any R-5 zoned plot and ten (10) feet where abutting any other zoned plot. This option may be used without placing a solid opaque screen on the RM-25 zoned plot if the abutting plot has a minimum four (4) foot high solid opaque screen between the plots.

(2)

When a wall or berm is not used: The minimum width of any such buffer shall be fifteen (15) feet to screen adjoining parking lots, other vehicle use areas or single story buildings. Where there is no vehicular use area between a building and the plot line abutting any R-5 zoned plot then the minimum width of the buffer shall be fifteen (15) feet.

The buffer shall be landscaped in accordance with the provisions set forth elsewhere in this chapter.

(Ord. No. 99-6-4, § 1, 6-23-99)

Editor's note— Ord. No. 99-6-4, § 1, adopted June 23, 1999, intended for this section to be numbered § 28-157; however, due to the existence of a § 28-157, this section was renumbered § 28-145.12 at the editor's discretion.

The TH-16 Townhouse District is created to accommodate townhouses, as defined in this division.

(Ord. No. 83-5-2, § 1(18(d)(a)), 5-10-83)

(a)

A "townhouse" is a one-family residential dwelling unit adjoining other similar units and separated by either a common eight-inch masonry party wall, or independent masonry walls abutting each other.

(b)

The ownership of the units and/or the land involved may be in any legal form.

(c)

The land may be subdivided into individual lots or be held in common ownership or any combination thereof.

(Ord. No. 83-5-2, § 1(18(d)(b)), 5-10-83)

The following uses are permitted in the TH-16 Townhouse District:

Residential and related recreations, accessory, service and amenities.

(Ord. No. 83-5-2, § 1(18(d)(c)), 5-10-83)

In the TH-16 Townhouse District, a grouping of townhouses shall not exceed one hundred sixty (160) feet in length.

(Ord. No. 83-5-2, § 1(18(d)(d)1.), 5-10-83)

In the TH-16 Townhouse District, no townhouse shall be smaller than eight hundred (800) square feet and the average size of the townhouse in any group shall be a minimum of nine hundred (900) feet, gross enclosed area. The minimum width of an individual townhouse shall be eighteen (18) feet measured from the center of the common wall to the center of the opposite common wall or the outside wall of an end unit.

(Ord. No. 83-5-2, § 1(18(d)(d)2.), 5-10-83)

The maximum height for any townhouse in the TH-16 Townhouse District shall be thirty-five (35) feet. A townhouse shall not have more than two (2) stories of living space.

(Ord. No. 83-5-2, § 1(18(d)(d)3.), 5-10-83)

The minimum size of the site to be developed for townhouses in the TH-16 Townhouse District shall be one and one-half (1½) acres.

(Ord. No. 83-5-2, § 1(18(d)(d)4.), 5-10-83)

The maximum number of units permitted per gross acre in the TH-16 Townhouse District shall be sixteen (16).

(Ord. No. 83-5-2, § 1(18(d)(d)5.), 5-10-83)

In the TH-16 Townhouse District, front yard requirements are as follows:

(1)

Platted lots: The minimum front building setback shall be fifteen (15) feet. When off-street parking spaces are provided in the front yard area, front building setback shall be in accordance with the provisions of section 28-161.

(2)

Nonplatted lots: When individual townhouse lots are not used, in place of front setback, the minimum distance between fronts or rears of buildings shall be fifty (50) feet, of which a minimum of fifteen (15) feet of open space not to be used for parking is required for each building and twenty-five (25) feet setback shall be required from any public right-of-way.

(Ord. No. 83-5-2, § 1(18(d)(d)6., 7.), 5-10-83)

In the TH-16 Townhouse District, rear yard requirements are as follows:

(1)

Platted lots: The minimum rear building setback shall be fifteen (15) feet.

(2)

For nonplatted lots: When individual townhouse lots are not used, in place of rear setback, the minimum distance between fronts or rears of buildings shall be fifty (50) feet, of which a minimum of fifteen (15) feet of open space not to be used for parking is required for each building and a twenty-five-foot setback shall be required from any right-of-way or adjacent property.

(Ord. No. 83-5-2, § 1(18(d)(d)8., 9.), 5-10-83)

In the TH-16 Townhouse District, a minimum side yard of fifteen (15) feet shall be provided between the end of a group of townhouses and an interior side lot line and twenty-five (25) feet between the end of such a group and a public or private street. A spacing of twenty (20) feet shall be provided between each such group of townhouses, and an additional ten (10) feet shall be required if a driveway is provided between such groups. For nonplatted lots, the minimum distance between the end of one building and a front or rear of another building shall be thirty-five (35) feet.

(Ord. No. 83-5-2, § 1(18(d)(d)10.), 5-10-83)

Every site plan for a townhouse development in the TH-16 Townhouse District shall provide for open space on the entire perimeter or boundary of the development of not less than fifteen (15) feet in width of open space in which there shall be no improvements of any type, including but not limited to, parking spaces, driveways, sidewalks, buildings or structures of any type, except that there shall be permitted within the area landscaping, walls, trellises and fences, provided that the site plan for such landscaping, walls, trellises and fences shall first be approved by the Planning and Zoning Board of the Town.

(Ord. No. 83-5-2, § 1(18(d)(d)11.), 5-10-83)

In the TH-16 Townhouse District, access to townhouse developments must be convenient to public streets or private drives. Access to individual units or buildings may be from streets or drives or pedestrian ways, garden courts, parking areas or similar methods.

(Ord. No. 83-5-2, § 1(18(d)(d)12.), 5-10-83)

In the TH-16 Townhouse District, where a separation between fire walls of townhouses is provided, such separation shall be positively sealed in a manner which provides a substantial closure of space between units which is permanently watertight and verminproof.

(Ord. No. 83-5-2, § 1(18(d)(d)13.), 5-10-83)

In the TH-16 Townhouse District, each townhouse shall be independently served by separate heating, air conditioning, electric power, gas, and other facility and utility services, excluding sewer and water, wherever such utilities and services are provided; and no townhouse shall be in any way dependent upon such services or utility lines located within another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines, and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes and access to service areas to provide for garbage and waste collection and for the other necessary services shall be provided.

(Ord. No. 83-5-2, § 1(18(d)(d)14.), 5-10-83)

In the TH-16 Townhouse District, parking spaces may be provided on the lot of the townhouse or in commonly owned or maintained parking bays, or in combination of both. For platted lots, where one (1) parking space is provided in the front yard area, the front setback of the building shall be a minimum distance of twenty-five (25) feet, the driveway shall be limited in width to provide for only one (1) automobile and the balance of the front yard area shall be landscaped. Where two (2) parking spaces are provided in the front yard area of platted lots, the width of the lot involved shall be a minimum of thirty (30) feet, the front setback of the building shall be a minimum of twenty-five (25) feet, the two (2) driveways shall be limited in width to provide for only two (2) automobiles and the balance of the front yard shall be landscaped. Where the required parking is provided off-site, or in the rear yard area, the minimum front setback of the building shall be fifteen (15) feet. For nonplatted lots, a minimum of five (5) feet of landscaped area separating paved parking areas from buildings and other parking areas shall be provided. Two (2) parking spaces per townhouse unit shall be provided; except, however, on platted lots two (2) car parking spaces shall be required for townhouse units with one (1) bedroom. Units with two (2) or more bedrooms shall be required to have two and one-half (2½) parking spaces per unit.

(Ord. No. 83-5-2, § 1(18(d)(d)15.), 5-10-83)

In the TH-16 Townhouse District, the right-of-way width of public streets and private streets serving a group of townhouses and the improvements therein shall conform to all applicable minimum standards and requirements of the Town for such streets.

(Ord. No. 83-5-2, § 1(18(d)(d)16.), 5-10-83)

In the TH-16 Townhouse District, all patios (outdoor living areas) on each townhouse site shall be enclosed by a wall affording complete screening except in cases where a natural feature of the site would suggest a special exception. Such cases shall be determined by review of the site plan by the Planning and Zoning Board. Such wall shall be of masonry or other material having a life expectancy of not less than ten (10) years. The minimum height of such wall shall be six (6) feet and such walled-in patio may include a screen roof. All rear yard areas used for service, such as drying areas, shall be completely screened by walls or landscaping from view from the street and adjoining lots. Patios and rear yards need not be separated from each other on platted lots. No wall shall completely separate rear yards without allowing and providing for access with a minimum width of at least three (3) feet.

(Ord. No. 83-5-2, § 1(18(d)(d)17.), 5-10-83)

For the TH-16 Townhouse District, a screen enclosure is defined as a building or part thereof, in whole or in part, self-supporting, wherein fifty (50) percent or more of the wall or side area is constructed of screen material. The roof of any screen enclosure shall be constructed of screen material of the type used in walls or sides of the screen enclosure. Screen material is defined for purposes of this section as insect screening of plastic, aluminum, copper, or similar lightweight material, often known as window screening.

(Ord. No. 83-5-2, § 1(18(d)(d)18.), 5-10-83)

In the TH-16 Townhouse District there shall be provided for each townhouse at least five hundred (500) square feet of private open areas exclusive of parking and service areas. Such areas may consist of one (1) or more locations. Open roof areas and balconies designed and planned for patio purposes may be credited for no more than fifty (50) percent of the required area.

(Ord. No. 83-5-2, § 1(18(d)(d)19.), 5-10-83)

In the TH-16 Townhouse District no accessory building shall be permitted in unwalled areas on sites containing a townhouse. Accessory buildings located within an area enclosed by walls, excepting the roofs, shall not extend above the height of the walls. Accessory buildings so enclosed may be within the rear setback area, and shall not exceed ten (10) percent of the rear yard area.

(Ord. No. 83-5-2, § 1(18(d)(d)20.), 5-10-83)

In the TH-16 Townhouse District, townhouse developments shall provide fire hydrants on or adjacent to the area to be developed as required. In addition, townhouses consisting of more than two (2) stories shall provide a separate open balcony for all floors above the second floor, and any group of townhouse units over fifty (50) feet in length shall provide a clear access to the rear for firefighting purposes. A townhouse shall not have more than two (2) stories of living space.

(Ord. No. 83-5-2, § 1(18(d)(d)21.), 5-10-83)

In the TH-16 Townhouse District provisions shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayer of the Town. Such assurance may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to such nonpublic areas and facilities which may include, but not be limited to recreational areas, off-street parking bays, private streets, sidewalks, streetlights and common open landscaped areas and waterways. Such assessments shall be a lien superior to all others, except mortgage and tax liens. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be in legal and recordable form before issuance of a building permit and shall be recorded in the Public Records of Broward County.

(Ord. No. 83-5-2, § 1(18(d)(d)22.), 5-10-83)

The standards established by sections 28-150 through 28-156 and 28-163 and 28-165 may be modified by the Planning and Zoning Board where such variations, when incorporated into the site plan, illustrate that the purpose and intent of this division will be met by the overall development.

(Ord. No. 83-5-2, § 1(18(d)(d)23.), 5-10-83)

In the TH-16 Townhouse District, walls, fences, plantings, pavings, topographic features and other site and landscaping design techniques are encouraged as long as they do not conflict with the proper access of service and emergency vehicles.

(Ord. No. 83-5-2, § 1(18(d)(d)24.), 5-10-83)

For the TH-16 Townhouse District, a site proposed shall be in one (1) ownership; or, if in several ownerships, a request for special exception shall be filed by all owners of the properties included in the plan.

(Ord. No. 83-5-2, § 1(18(d)(e)), 5-10-83)

Revisions of a minor nature which, in the opinion of the Town official designated as the reviewing official by the Town Commission, are consistent with this division and the intent of the approved master plan and, provided overall densities are not affected, may be approved without reapplication to the Planning and Zoning Board. Such minor items may include, but are not limited to, dimensional location of buildings, floor plans of units, variation of the types of units and miscellaneous site features.

(Ord. No. 83-5-2, § 1(18(d)(f)), 5-10-83)

The CH-1 Community Housing District is created and designed to provide for the health, safety and welfare of the residents of residential care facilities within the Town and to ensure their compatibility with the surrounding areas.

(Ord. No. 85-10-2, § 1(a), 10-9-85)

Uses in the CH-1 Community Housing District shall include, but not be limited to, retirement homes, adult congregate living facilities, nursing homes, group homes and foster homes. Community type housing shall not be permitted within the Town of Pembroke Park in any area other than an area that has been zoned CH-1 Community Housing District.

(Ord. No. 85-10-2, § 1(b), 10-9-85)

[The following site and building regulations shall apply in the CH-1 Community Housing District:]

(1)

Minimum lot width and site area. The minimum lot width for any site shall be one hundred (100) feet and the minimum lot or site area shall be ten thousand (10,000) square feet.

(2)

Minimum floor area. The minimum floor area for each sleeping room in any facility shall be one hundred ninety-six (196) square feet, not including bathrooms, with no width less than fourteen (14) feet.

(3)

Front yards. The minimum front building setback (front yard) shall be twenty (20) feet measured from the nearest right-of-way line. In the event a site is on a corner lot, the required front building setback shall apply on portions of the site abutting any street right-of-way.

(4)

Side yards. A side yard shall be provided with a minimum width of eight (8) feet.

(5)

Rear yards. The minimum rear building setback shall be fifteen (15) feet.

(6)

Parking. Motor vehicle parking spaces shall be provided in the size and format as otherwise required under the Ordinances of the Town in sufficient number so as to meet the following requirements:

(a)

One (1) space for each five (5) assigned resident beds; and

(b)

One (1) space for each member of the staff of the facility at the time of maximum staff presence; and

(c)

One (1) space for service and delivery vehicles.

(7)

Density. Two (2) bedrooms in a community housing development shall constitute one (1) dwelling unit. The number of dwelling units per acre shall be in compliance with the Town of Pembroke Park Land Use Plan designation of density for the site upon which the development is situated or, if no such designation exists for such site, it shall be in compliance with the designation for adjacent residential areas.

(8)

[Occupant number.] There shall be no more than two (2) beds in any one (1) bedroom.

(9)

Building height. No structure or appurtenance thereto shall be erected to a height in excess of one hundred (100) feet. Such height shall be measured from the crown of the road abutting the front of the site.

(10)

On-site parking. Parking spaces as required herein shall be located on the site upon which the facility is located.

(11)

Fences. Every site shall have perimeter fencing on both sides and on the rear, which perimeter fencing shall be constructed of material and designed in a format that shall be subject to prior review and approval by the Town Commission and, further, shall be of a height of approximately six (6) feet which shall also be subject to prior review and approval by the Town Commission.

(12)

Distance between buildings. In the event more than one (1) building is, or is to be, constructed on a single site, the minimum space required between buildings shall be equal to twice the width required for side yards on such site.

(13)

Open space, recreation area. There shall be a minimum on-site landscaped open space or recreation area of not less than one hundred (100) square feet per dwelling unit.

(14)

Parking space reserved as additional landscaped area. At the time the development is constructed, one-third of the parking spaces required by this division may be maintained as additional landscaped areas and not be paved. Thereafter, if the Planning and Zoning Board of the Town of Pembroke Park shall determine that all or a part of the reserved parking spaces are needed, they shall be immediately improved according to full Town standards.

(15)

Common living area per resident. A minimum of twenty-five (25) square feet of floor area per assigned resident shall be provided exclusively for living and recreation area in the common area as opposed to the individual sleeping rooms.

(16)

Dining area per resident. A minimum of fifteen (15) square feet of floor area per assigned resident shall be provided exclusively for dining area.

(17)

Bathrooms. There shall be a minimum of one (1) bathroom containing a sink, commode and shower or tub for each four (4) assigned residents.

(18)

Protection from inclement weather. All facilities shall be designed in such a manner that all residents shall have access from assigned bedroom areas to living and dining areas with protection from inclement weather.

(19)

Safety systems. Each facility designated for aged or infirm residents shall be provided with emergency call systems and smoke detectors throughout the facility.

(Ord. No. 85-10-2, § 1(c), 10-9-85)

The B-1 Business District is intended for use for businesses serving not only local neighborhood shopping and personal service needs of surrounding areas, but also for business establishments of a type normally located on arterial streets and trafficways to serve large sections of the surrounding area.

(Ord. No. 63-5-1, § 16(a), 5-1-63)

The following uses are permitted in the B-1 Business District:

(a)

The following kinds of retail stores: Antiques, art supply, automobile accessory, automobile new parts, bait and tackle, boat and marine motors in buildings, business machines, camera and photographic supply, confectionery, dairy products, dairy supplies and equipment not including feed or fertilizers, department, dresses, poultry, dry goods, florist, fruit and vegetable, furniture, furrier, garden supply gift, greeting cards, grocery, hardware, hobby supply, home appliances, household furnishings, ice cream, jewelry, leather goods and luggage, linens, fabrics and draperies, meat market, medical marijuana treatment centers and dispensaries, music and musical instruments, newsstand, notions, office furniture and equipment, optical goods, package liquor, paint, pets and pet supply, pharmacy, seafood, souvenir, sporting goods, stationery and books, sundry, supermarket, television, tobacco, radio and phonograph, toy, wallpaper, wearing apparel, swimming pool supplies and equipment, variety.

(b)

Bakery and delicatessen, provided all preparation of food is for retail sale on the premises, and the services of not more than six (6) persons are utilized in any such establishment.

(c)

The following personal services: Barber, beauty parlor, pressing and mending, shoe repair, shoe shine.

(d)

The following miscellaneous uses: Day nursery, dressmaking, laundry and dry cleaning pickup station, nonalcoholic beverage bar, nursery school, restaurant, tailor, watch and jewelry repair, self-service laundry.

(e)

Automobile parking lot and parking garage.

(f)

Hotel and motel.

(g)

The following services: Bath and massage parlors, commercial gymnasiums, service stations, fur storage, hospitals as defined in Section 395.002, Florida Statutes, 1995, as amended, radio, television and phonograph repair incidental to sales, reducing studio, quick-service laundry.

(h)

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

(1)

Service shall be rendered directly to customers who bring in and pick up the articles to be dry cleaned.

(2)

The establishment shall not provide wholesale or commercial pickup or delivery service.

(3)

The services of not more than five (5) persons shall be utilized in the operation of the establishment.

(4)

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

(5)

The entire cleaning and drying process shall be carried on within completely enclosed solvent-reclaiming units.

(6)

All solvents used in the cleaning process and the vapors therefrom shall be nonexplosive and nonflammable.

(i)

The following amusement and recreation uses: Aquarium, nightclub, bar, tavern, pool or billiard room, theater, museum, exhibits.

(j)

The following office types of uses: Banks and financial institutions, business and professional offices, medical and dental offices subject to the specific use regulations listed in section 28-187.1, custom brokers and manufacturers agency, employment office, governmental offices, messenger office, post office, public utility offices, stock broker, stock exchange, telegraph office, ticket office, travel agency, newspaper office.

(k)

The following miscellaneous uses: Art, charm, dancing, dramatic or music schools, business or commercial school, artist studio, auction of art goods, rugs and the like, costumer, dental laboratory, interior decorator, motor bus terminal, lawn furniture sale, photographic studio, radio and television studios.

(l)

Home appliance repair, hand laundry, job printing shop, locksmith, sharpening and grinding, radio, television and phonograph repair, newspaper printing plant.

(m)

Archery range, barbecue stand, boxing or sports arena, drive-in restaurant, or refreshment stand, golf driving range, miniature golf course, bowling alley, pony ride and pony riding ring, skating rink, swimming pool, drive-in theater.

(n)

Armory, lodge hall, pawnshop, telephone exchange, taxidermist, veterinary, research and testing laboratory, mortuary or undertaker, pest control agency, plant nursery or landscaper.

(o)

Tire and battery store, retail plumbing and electrical fixtures, lawnmower rental, sales and service, ship chandlery, upholstering shop utilizing the services of not more than four (4) persons on the premises and occupying not more than four thousand (4,000) square feet of floor space, offices of electrical and plumbing contractors, including not over four thousand (4,000) square feet of enclosed storage and shop space, with no outside or open air storage of supplies or materials, used furniture and household appliances entirely within a fully enclosed building.

(p)

Accessory uses and structures.

(Ord. No. 63-5-1, § 16(b), 5-1-63; Ord. No. 92-11-1, § 1, 11-12-92; Ord. No. 96-10-2, § 1, 10-9-96; Ord. No. 00-4-5, § 2, 4-26-00; Ord. No. 00-9-1, § 1, 9-22-00; Ord. No. 11-05-01, § 3, 5-11-11; Ord. No. 17-10-02, § 1, 10-11-17; Ord. No. 18-03-01, § 1, 3-21-18)

The following primary uses shall be designated as special exceptions for the purpose of issuance of building permits and/or granting of a business tax receipt and certificates of use and shall be permitted as a special exception only after public hearing and approval by the Town Commission:

(a)

Religious establishments and ancillary uses, including but not limited to, religious education related to the use on site, social services related to the use on site, counseling and office uses.

(b)

Multiple-family residential use up to twenty-five (25) units per net acre of site area (or the density specified in the Future Land Use Element, whichever is less) as a part of a commercial structure provided that a minimum of five thousand (5,000) square feet of commercial use is provided onsite.

(c)

Mixed-use multiple family residential use subject to allocation of flex and/or reserve units by Town Commission and subject to the criteria in section 28-194.1.

(d)

Pain clinic.

(e)

Assembly halls, banquet halls, bottle clubs, bring-your-own-beverage (BYOB) clubs, event halls, portable catering events, and similar uses.

The Town Commission may by granting a special exception either approve, deny, or approve with conditions, any use (or the alteration or expansion or relocation thereof) which is listed in this subsection, provided such use and the alteration or expansion or relocation thereof:

1.

Takes place in a fully enclosed building, consisting of no more than two thousand five hundred (2,500) square feet of gross floor area;

2.

Does not materially increase the number of vehicle trips for the use or materially increase off-street parking requirements for the overall site beyond what is provided;

3.

Does not involve a material intensification of activities taking place on the site; and

4.

Is not reasonably likely to generate any discernible and material increase in adverse secondary effects on the adjoining properties such as noise, vibration, objectionable odors, bright lighting, traffic congestion, threats to public safety, or similar adverse effects.

(f)

The procedures applicable for consideration of Special Exceptions in the B-1 Business District as set forth in section 28-83 of this Code shall apply to the special exceptions designated in this section.

(Ord. No. 00-9-1, § 2, 9-22-00; Ord. No. 03-04-01, § 2, 4-8-03; Ord. No. 11-05-01, § 5, 5-11-11; Ord. No. 17-10-02, § 2, 10-11-17)

The specific conditions set forth below shall be applied to each proposed use during site development plan review when a site development plan is required or prior to the issuance of a business tax receipt and/or certificate of use:

(a)

Arcades with five (5) or more machines. No arcade with five (5) or more machines shall be permitted to operate within one thousand five hundred (1,500) feet of another arcade with five (5) or more machines. This measurement shall include arcades with five (5) or more machines operating within or outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located.

(b)

Automotive repair establishments. No automotive repair establishments shall be permitted to operate within one thousand five hundred (1,500) feet of another automotive repair establishment. This measurement shall include automotive repair establishments operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located.

(c)

Mobile hand car washes. No mobile hand car washes shall be permitted to operate within one thousand five hundred (1,500) feet of another mobile hand car wash. This measurement shall include mobile hand car washes operating within or outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located. Additionally, mobile hand car washes shall only be permitted as an accessory use and shall be subject to the following conditions:

(1)

The car wash must be an accessory to and operating as a secondary service of the primary use. The primary use must be an automotive related use.

(2)

The accessory car wash must meet all landscape and buffering requirements as outlined in this Code.

(3)

The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow.

(4)

The hours of operation of the car wash shall not exceed hours of operation of the primary use.

(5)

There shall be no additional signage on site to indicate the car wash.

(6)

Traffic circulation standards on site shall provide a minimum of six (6) vehicle stacking spaces, which spaces may be utilized as stacking spaces, separate parking spaces or a combination of the two. Any stacking shall be located in such a way as to avoid traffic circulation conflicts and provide safe turning movements. The required car wash parking spaces are separate from the parking spaces required by the primary use and the car wash may not use the required parking spaces for the primary use.

(d)

Check cashing stores. No check cashing store shall be permitted to operate within one thousand five hundred (1,500) feet of another check cashing store. This measurement shall include check cashing stores operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located.

(e)

Convenience stores. No convenience store shall be permitted to operate within one thousand five hundred (1,500) feet of another convenience store. This measurement shall include convenience stores operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located. Additionally, convenience stores shall be subject to the following conditions:

(1)

The minimum plot area shall be twenty thousand (20,000) square feet.

(2)

The minimum frontage on a street shall be one hundred fifty (150) feet.

(3)

The minimum setback of any building from all street lot lines shall be fifty (50) feet.

(4)

Convenience stores within two hundred (200) feet of properties in residential, community facility or recreation and open space zoning districts shall protect those properties from headlight glare, undesirable noise and views by the following:

a.

A decorative masonry wall, of uniform appearance six (6) feet in height above finished grade, except along street frontages abutting a right-of-way with a width of eighty (80) feet or greater.

b.

A five-foot wide landscape area which shall be outside the wall and consist of a two-foot high continuous hedge at the time of planting and maintained at a height of at least four (4) feet.

c.

Such masonry wall and landscaping shall be maintained in good condition at all times. The masonry wall and landscaping may be interrupted by normal entrances and exits, and shall have no signs hung or attached thereto other than those permitted pursuant to the Code.

(f)

Bath/massage parlors. No bath or massage parlor use shall be permitted to operate within one thousand five hundred (1,500) feet of another bath or massage parlor use. This measurement shall include massage parlor uses operating within and outside of the Town's municipal boundaries and shall be measured by an air line measurement from the closest point of the parcels of land upon which the structures are located.

(g)

Gasoline stations. No gasoline station shall be permitted to operate at other than the following locations:

(1)

All gasoline stations must be located on a corner parcel with street access from at least two (2) streets, one being an arterial roadway.

(2)

The primary facade of any such use must face an arterial roadway. The secondary street must be at least fifty (50) feet in width. No gasoline station may be located within two thousand five hundred (2,500) feet of another gasoline station and that no more than one (1) gasoline station will be permitted at any one road intersection. The latter measurement shall include gasoline stations operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located. Additionally, gasoline stations shall be subject to the following conditions:

a.

The minimum lot area shall be twenty thousand (20,000) square feet.

b.

The minimum frontage on a street shall be one hundred fifty (150) feet.

c.

The minimum setback of any building or structure from all street lot lines shall be thirty-five (35) feet.

d.

The minimum setback of gasoline pumps from any street lot lines shall be twenty-five (25) feet.

e.

At the terminus of any gasoline pump island, a planter area shall be provided to accommodate a small tree [ten (10) feet maximum] and ground cover/shrubs.

f.

Gasoline vent stacks are to be placed either in the rear half of the property, or away from the street enclosed within a decorative structure or painted an inconspicuous color.

g.

Parking shall be permitted only in designated areas except when the vehicle is fueling.

h.

Outdoor display shall be limited to the following:

1.

Racks containing cans of lubricating oil may be displayed on each service island. No such display shall be larger than the fuel-dispensing unit.

2.

No lift or repair facility shall be located outside of the main building or structure.

3.

One (1) stationary tire display rack may be located on one side of the building. Such cabinet/rack shall not be placed more than four (4) feet from the main building or structure.

i.

Gasoline stations within two hundred (200) feet of properties in residential, community facility or recreation and open space zoning districts shall protect those properties from headlight glare, undesirable noise and views by the following:

1.

A decorative masonry wall, of uniform appearance six (6) feet in height above finished grade, except along street frontages abutting a right-of-way with a width of eighty (80) feet or greater.

2.

A five-foot wide landscape area which shall be outside the wall and consist of a two-foot high continuous hedge at the time of planting and maintained at a height of at least four (4) feet.

3.

Such masonry wall and landscaping shall be maintained in good condition at all times. This masonry wall and landscaping may be interrupted by normal entrances and exits, and shall have no signs hung or attached thereto other than those permitted pursuant to the Code.

(h)

Pawn shops. No pawnshop shall be permitted to operate within two thousand five hundred (2,500) feet of another pawnshop. This measurement shall include pawnshops operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located.

(i)

Thrift shops. No thrift shop shall be permitted to operate within two thousand five hundred (2,500) feet of another thrift shop. This measurement shall include thrift shops operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located. Additionally, thrift shops shall be subject to the following conditions:

(1)

All pick-up and deliveries must be at the rear of the business.

(2)

No outdoor displays, racks or storage.

(3)

No parking of trucks or trailers except in approved or designated loading spaces.

(4)

No trucks or trailers may be parked between the front of the building or structure and the front property line.

(5)

No outdoor depository for merchandise.

(j)

Pain clinics. No pain clinics or pain management facilities (collectively referred to as pain clinics) shall be permitted to operate within two thousand five hundred (2,500) feet of another pain clinic. This measurement shall include pain clinics operating within and outside of the Town's municipal boundaries and shall be measured by an airline measurement from the closest point of the parcels of land upon which the structures are located. No pain clinic shall be permitted to operate within one thousand (1,000) feet of either a drug store or pharmacy as defined herein. Additionally, all pain clinics shall be subject to the following conditions:

(1)

All pain clinics must be registered with the State of Florida in accordance with F.S. § 456.037, as amended.

(2)

If the State of Florida registration of any pain clinic is revoked or suspended, the designated physician of the pain clinic, the owner or lessor of the pain clinic, the property manager and/or the proprietor shall cease to operate the facility as a pain clinic as of the effective date of the suspension or revocation of the registration. The owner or lessor of the pain clinic, the property manager and/or the proprietor shall be responsible for removing all signs and symbols identifying the premises as a pain clinic within ten (10) business days of the revocation or suspension of the registration.

(3)

All pain clinics shall, at the time of the annual renewal of a business tax receipt, submit proof of the State required registration as defined in F.S. Ch. 456.

(4)

All pain clinics shall be fully owned by a physician or a group of physicians each of whom is a Florida licensed physician whose license is in good standing. All physicians providing examinations and prescribing medications shall be licensed by either the Florida Board of Medicine (M.D.) or Board of Osteopathic Medicine (D.O.).

(5)

All pain clinics are prohibited from having any outdoor seating areas, queues, or customer waiting areas. All activities of the pain clinic, including, display, preparation and storage, shall be conducted entirely within a completely enclosed building.

(6)

All pain clinics are prohibited from having an on-site prescription drug dispensary for controlled substances listed in Schedule II of F.S. § 893.03, as amended.

(7)

All pain clinics shall be in compliance with all federal, state, county or municipal laws, ordinances, and regulations.

(8)

A physician must perform a physical examination of a patient on the same day that the physician prescribes a controlled substance, and may only prescribe controlled substances in quantities as set forth in F.S. § 458.3265(2)(c), as amended.

(9)

The on-site dispensing of controlled substances that are identified in Schedule II, III or IV in F.S. §§ 893.03, 893.035 or 893.0355, is prohibited unless otherwise expressly permitted by federal or state law.

(10)

All medical prescriptions issued shall be only on non-counterfeit material/paper. No pain clinic shall limit the form of payment for goods or services to cash only.

(11)

Pain clinics in existence prior to the effective date of this [section], but not in violation of this section, shall be required to terminate the on-site dispensing of controlled substances and be brought into full compliance with this section within twelve (12) months of the date of the adoption of this [section].

(12)

All pain clinics must be in full compliance with the Town Code for parking availability based on the standards listed in Article IV, Division 2 entitled Off-Street Parking. All applicants shall be required to demonstrate that on-site traffic flow and parking will be sufficient to accommodate parking demands generated by the pain clinic based on a current traffic and parking study prepared by a certified professional.

(13)

A separate business tax receipt shall be required for each pain clinic location. A person or business entity applying to operate a pain clinic and the person or entity that is the property owner shall sign the business tax receipt application. The application shall not be signed by an authorized agent. At least one (1) applicant shall be the Medical Director of the pain clinic. The applicant(s) shall be fully responsible for compliance with this section and each applicant shall be considered a permittee.

(14)

Prior to operating or receiving a business tax receipt from the Town to operate a pain clinic, a Special Exception approval shall be obtained from the Town Commission in accordance with the procedures and provisions set forth in section 28-187.01. All such applications shall provide as part of the application the Town's adopted application fee for such submittals.

(15)

Existing lawfully permitted pain clinics shall be considered legal nonconforming uses as to the requirements to obtain a Special Exception. No such nonconforming pain clinic shall be expanded or relocated without first having received a special exception approval from the Town Commission.

(16)

All pain clinics shall allow representatives of the Town, Broward Sheriff's Office, state, federal or any other law enforcement agency to enter and inspect their place of business during business hours or at any time the business is occupied for the purpose of verifying compliance with the requirements set forth in the Town's Special Exception approval, the provisions set forth herein and with the Code of Ordinances of the Town. No person who operates or is employed by a pain clinic shall refuse to permit inspection of the premises by the above entities during business hours or at any time the premises is occupied.

(17)

The application for a pain clinic shall, at a minimum, include the following information:

a.

Florida Department of Health registration number.

b.

The professional license number of the Medical Director including the Drug Enforcement Agency (DEA) number.

c.

An accurate legal description of the property on which the pain clinic is to be located including the street address.

d.

Indicate whether the pain clinic dispenses controlled substances on the pain clinic site.

e.

An affidavit by the Medical Director, as defined by F.S. § 458.3265(1)(c), as amended, attesting to the fact that no employees, full-time, part-time, contract, independent or volunteers have been convicted of or who have pled guilty or nolo contender[e] at any time to an offense constituting a felony in this State or in any other state involving the prescribing, dispensing, supplying, selling or possession of any controlled substance prior to the adoption of this [section] and that the business shall not employ any such persons thereafter.

f.

A disclosure of interest affidavit to identify the natural persons having the ultimate ownership interest in the business. The disclosure of interest affidavit shall provide in detail as applicable all principal stockholders and the percentage of stock owned by each, or a list of the trust beneficiaries and the percentage of interest held by each, or a list of the principals including the general and limited partners. Where principal officers, stockholders, beneficiaries or partners consist of other corporations, trusts, partnerships or similar entities, further disclosure shall be made to identify the natural person having the ultimate ownership interests. The disclosure of interest affidavit information shall be updated annually at the time of renewal of the Town's business tax receipt or at any time that there is a change in ownership or natural person as defined herein.

g.

A list of all persons associated with the management and operation of the pain clinic, whether paid or unpaid, full-time or part-time, contract labor or independent contractor, and shall include the following information:

1.

Name and title;

2.

Current home address, telephone number and date of birth;

3.

Current Florida driver's license or picture identification;

4.

All drug-related criminal convictions.

This list shall be required to be updated within ten (10) days of any new person becoming associated with the pain clinic.

(18)

This section shall not apply to the following types of pain clinics, medical offices, or facilities:

a.

Pain clinics that are licensed as a facility pursuant to F.S. Ch. 395;

b.

The majority of the physicians who provide services in the pain clinic primarily provide surgical services;

c.

The pain clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars ($50,000,000.00);

d.

The pain clinic is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

e.

A health care practitioner's epidural injection of a controlled substance in an amount adequate to treat the patient during that particular session;

f.

The pain clinic does not prescribe and dispense controlled substances for the treatment of pain; or

g.

The pain clinic is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c)(3).

h.

Substance abuse and treatment facilities that are registered with the federal government and licensed with the Florida Department of Children and Families.

(19)

Zoning relief procedure. In order to address possible unintended violations of federal, state, county or municipal laws related to pain clinic uses, subsequent to the implementation of these Code provisions in advance of potentially costly litigation, zoning relief may be granted by the Town Commission. A person or entity shall request relief under this section prior to filing a lawsuit by providing a letter to the Town stating the nature of the specific provisions of federal, state, county or municipal law permitting the applicant to operate despite the provisions set forth herein. The Town Commission shall, upon receipt of such written request, hold a public hearing within ninety (90) days from the time the request is made, unless extensions are mutually agreed upon. The Town may request additional information from the applicant, specifying in sufficient detail what information is required. If the applicant fails to timely respond with the requested information, the Town shall provide notice to the applicant that the claim has been rejected due to insufficient information. An applicant shall have the right to re-apply for zoning relief.

(k)

Assembly halls, banquet halls, bottle clubs, bring-your-own-beverage (BYOB) clubs, event halls, portable catering events, and similar uses. No such uses shall be permitted to operate within two thousand five hundred (2,500) feet of another similar use. This measurement shall include such uses operating within and outside of the Town's municipal boundaries and shall be measured by airline measurement from the furthest outer edge of a occupied premises used for such purposes to another occupied premises used for such purposes.

(Ord. No. 99-9-1, § 1, 9-8-99; Ord. No. 10-12-02, § 1, 12-8-10; Ord. No. 11-05-01, § 6, 5-11-11; Ord. No. 17-10-02, § 3, 10-11-17)

Antique shops. A business establishment offering primarily antiques for sale of which eighty (80) percent or more are over fifty (50) years old or have collectible value, including but not limited to, a work of art, piece of furniture, decorative object, or the like, of or belonging to the past. Antique shop does not include "thrift shop".

Arcades. A permanent building or structure housing mechanical or electronic amusement devices, including video games, that are paper bill, coin and/or token operated.

Arcade machines. A mechanical or electronic amusement device, including video games, that is paper bill, coin and/or token operated.

Assembly halls, event halls, portable catering events, and similar uses. Any building, room, place, or establishment used for the gathering together of persons for purposes such as civic, social or religious functions, or for recreation or for food or drink consumption. Assembly halls shall include banquet halls, bottle clubs, and bring your own beverage (BYOB) clubs.

Automotive repair establishments. General automotive repair, including but not limited to, minor motor tune-up and repair, upholstering, tire repair and replacement, muffler installation, rebuilding or reconditioning of engines, collision services including body, frame or fender straightening or repair, overall painting or paint shop and vehicle steam cleaning.

Bath/massage parlors. Any building, room, place, or establishment other than regularly established and licensed hospital or dispensary wherein are given any types of baths or where non-medical or non-surgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational and physical therapist, chiropractor or osteopath with or without the use of therapeutic, electrical, mechanical or bathing devices. Shall also include any bathing establishment.

Bottle club or bring-your-own-beverage (BYOB) club. A commercial establishment, operated for profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the operators of the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the operators of the establishment for dispensing on the premises, and which is located in a building or other enclosed structure. Bottle clubs or BYOB clubs may not purchase alcoholic beverages for subsequent sale to patrons nor may they sell alcoholic beverages to patrons. This definition does not apply to sporting facilities where events are sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the State Department of Business and Professional Regulation whose primary business is the service of full-course meals, or hotels and motels licensed by the Division of Motels and Restaurants of the State Department of Business and Professional Regulation.

Check cashing stores. A business establishment that primarily negotiates checks for a monetary fee, and may provide additional services as well (money orders, etc.). Check cashing store does not include "licensed financial institutions".

Convenience stores. Generally smaller neighborhood business establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience store does not include "grocery store".

Dance hall means a commercial establishment where dancing by patrons is allowed, including, but not limited to, restaurants, alcoholic beverage establishments and entertainment establishments.

Drug store/pharmacy. A retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. No more than ten (10) percent of total sales can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. No more than twenty-five (25) percent of the total building floor area shall be devoted to the sale and storage of prescription drugs. All pharmacies shall be staffed by a state licensed pharmacist.

Event hall shall mean a facility rented out for private events whether family, group, or corporate in nature, where access by the public is restricted. Event halls may allow live entertainment, a Disc Jockey and dancing; however, such entertainment and dancing shall not be the primary use of the facility. Alcoholic beverages may be served in compliance with state law requirements. Events open to the general public may be conducted no more than six times per year with the prior approval of the Town Manager or designee. Events open to the general public which include live entertainment or activities similar to those of a night club, concert hall or dance club as the primary activity are required to obtain a special permit for such use prior to operation.

Gasoline stations. Any building or lot where gasoline and/or oil and greases are supplied and dispensed to motor vehicles.

Health care practitioner. A physician who is currently licensed by either the Florida Board of Medicine (M.D.) or Board of Osteopathic Medicine (D.O.) and his or her staff.

Medical director. The physician licensed by the State of Florida with a full, active and unencumbered license under F.S. Chs. 456 and 459, who shall be the designated physician responsible for complying with all requirements to the permitting and operation of a pain clinic as defined by F.S. § 458.3265(1)(c).

Mobile hand car washes. A mobile business by which one or more human beings hand wash motor vehicles for a monetary fee (excluding fund raisers approved via a special permit).

Pain clinic. Any privately owned pain management center, pain clinic, facility or office, which advertises in any medium for any type of pain management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications and must register with the Florida Department of Health pursuant to F.S. (2010) § 458.3265, as amended, and the primary focus or concentration of which is the prescribing and or dispensing of pain medication to individuals with complaints of pain, chronic or otherwise, which facility is unaffiliated with any hospital, hospice and or facility for the treatment of the terminally ill in Broward County, Florida and/or as defined in F.S. § 458.3265. Registration with the Florida Department of Health pursuant to F.S. § 458.309(4), (5), and (6) or § 459.005(3), (4) and (5), shall be prima facie evidence of operating as a pain clinic pursuant to this definition. The term urgent care facility is also commonly used.

Pawn shops. A business establishment which accepts merchandise as security for cash loans and which offers the merchandise for sale after an agreed upon period of time if the loan has not been paid.

Pill mill. A medical facility that appears to be practicing outside the normal course of professional medical practice by engaging in pain management treatment through the primary use of controlled substances for the majority of facility patrons, and many of the patrons are from out of state.

Swingers club means a business or social gathering place for various couples to "hookup" or "pair off" and engage in sexual activities, ranging from a couple to a group of participants.

Thrift shops. A business establishment for the retail sale of previously used or second-hand merchandise, including but not limited to, clothing, shoes, household furnishings or appliances and sports/recreational equipment.

(Ord. No. 00-4-2, § 1, 4-12-00; Ord. No. 11-05-01, § 7, 5-11-11; Ord. No. 17-10-02, § 4, 10-11-17)

Dispensing organization means an organization approved by the Florida Department of Heath to cultivate, process, and dispense low-THC cannabis pursuant to F.S. § 381.986.

Low-THC cannabis (low-THC marijuana) has the meaning given low-THC cannabis in F.S. § 381.986(1)(b).

Low-THC cannabis dispensary means a business operation for the distribution of low-THC cannabis or related supplies, whether a principal use or accessory use, pursuant to Senate Bill 1030, constitutional amendment or any other provision of Florida law.

Low-THC cannabis facility means any authorized low-THC dispensary, dispensing organization or any other facility that dispenses, processes, grows, cultivates, distributes, sells, or engages in any other activity that involves or is related to low-THC cannabis, pursuant to Florida law.

Medical marijuana means any strain of cannabis, in any form, including low-THC cannabis, which is authorized by state law to be dispensed or sold in the State of Florida for treatment of certain medical conditions.

Medical marijuana dispensary means a business operation for the distribution of medical marijuana or related supplies, whether a principal use or accessory use, pursuant to constitutional amendment or any other provision of Florida law.

Medical marijuana facility means any authorized medical marijuana treatment center, medical marijuana dispensary, or any other facility that dispenses, processes, grows, cultivates, distributes, sells, or engages in any other activity that involves or is related to medical marijuana pursuant to Florida law.

Medical marijuana permit means a business permit issued by the city pursuant to this article authorizing a business to sell medical marijuana in the city. Also referred to as "permit."

Medical marijuana retail center means a retail establishment, licensed by the Florida Department of Health as a "medical marijuana facility," "medical marijuana treatment facility," "medical marijuana treatment center," "medical marijuana dispensary," "dispensing organization," "dispensing organization facility," "low-TCH cannabis dispensary," "low-THC cannabis facility," or similar use, that sells and dispenses medical marijuana for individual use, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, growing or processing of any form of medical marijuana or medical marijuana product, and does not allow on-site consumption of medical marijuana.

Medical marijuana treatment center means any entity that acquires, grows, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, or distributes medical marijuana, or that administers medical marijuana, products containing medical marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered or licensed by the department of health. A medical marijuana treatment center may include retail sales or dispensing of marijuana. A facility which provides only retail sales or dispensing of marijuana shall not be classified as a medical marijuana treatment center under this chapter. Also, may be referred to as a "medical marijuana treatment facility" or "dispensing organization" or other similar term recognized by state law.

Non-medical/recreational marijuana uses means the production, growing, cultivation, distribution, purchase, sale, transfer, delivery or any other similar or related use of marijuana, cannabis, cannabis-based products or cannabis plants when such production, growing, cultivation, distribution, purchase, sale, transfer, delivery or any other similar or related use is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law.

Owner or owner/operator means any person, including any individual or other legal entity, with a direct or indirect ownership interest of five (5) percent or more in the applicant, which interest includes the possession of stock, equity in capital, or any interest in the profits of the medical marijuana retail center, or any person who operates a medical marijuana retail center, regardless of ownership interest.

Premises means the building, within which a medical marijuana retail center is permitted to operate by the city, including the property on which the building is located, all parking areas on the property or that are utilized by the medical marijuana retail center and sidewalks, alleys and parkways adjacent to the property on which the medical marijuana retail center is located.

Qualified patient means a resident of the State of Florida who has been added to the state's compassionate use registry by a physician licensed under F.S. Ch. 458 or Ch. 459, to receive medical marijuana from a dispensing organization or medical marijuana treatment center or similar use as defined in Florida Statutes.

(Ord. No. 18-03-01, § 2, 3-21-18)

In the B-1 Business District, except for automobile parking lots, archery ranges, baseball driving ranges, bathing beaches, golf courses, golf driving ranges, lawn bowling, miniature golf courses, shuffleboard courts, swimming pools, tennis courts, playgrounds, drive-in banks, filling stations, drive-in restaurants, pony ride rings, or drive-in theaters, all activities of permitted uses including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building unless the Commission shall otherwise authorize by a special permit to be issued after a public hearing upon application therefor. Application for a permit for any use for which a special permit is required as set forth in section 28-187.01 shall be first submitted to the Planning and Zoning Board, and shall contain the following information: Name and address of the applicant, legal description of the property upon which the intended use is to be permitted, name and address of the owner of the property on which the use is sought to be permitted, description of the use sought to be permitted, plot plan of the improvements intended in connection with the proposed use, and such other information as the Planning and Zoning Board may require. The Planning and Zoning Board may at its discretion hold a public hearing upon consideration of the application, and may give notice thereof, but it shall not be required to do so. The Planning and Zoning Board shall provide the Town Commission with a written recommendation. The Town Commission shall hold a public hearing on the application and shall give notice of such hearing by publication in a newspaper of general circulation in the Town at least two (2) times, which notice shall be published fifteen (15) days before the date of the hearing, and shall further give written notice by United States mail to all owners of property within three hundred (300) feet of the proposed use.

(Ord. No. 63-5-1, § 16(c), 5-1-63; Ord. No. 88-9-5, § 2, 9-14-88; Ord. No. 17-10-02, § 5, 10-11-17)

Any special permit issued herein shall be utilized in conformity with the ordinances of the Town of Pembroke Park. On the anniversary of the issuance of said special permit, the applicant who is utilizing said special permit shall pay a fee of one hundred dollars ($100.00) to renew said permit, then upon proper notice, shall be subject to having such permit revoked by the commission in the event that said permit is not being utilized in accordance with the ordinances of the Town of Pembroke Park, Florida.

(Ord. No. 88-9-5, § 3, 9-14-88)

Editor's note— Ord. No. 88-89-5, § 3, adopted Sept. 14, 1988, did not specify manner of codification; hence, such provisions have been designated as § 28-188.1 by the editor.

All applications for a special permit consistent with this chapter shall be accompanied by a nonrefundable fee, as set forth by the Town Commission by means of a resolution. The Town Manager or his or her designee may require an initial deposit of two thousand dollars ($2,000.00) for consultant costs required for certain reviews. Whenever the deposit balance is twenty (20%) percent or less of the initial deposit, a supplemental deposit will be required before any further review or processing continues. The person making the initial deposit will be notified when a supplemental deposit is required. The amount of the supplemental deposit shall be seventy-five (75%) percent of the initial deposit. Several supplemental deposits may be required depending on the complexity of the review request.

(Ord. No. 03-0-9-05, § 6, 9-10-03; Ord. No. 2021-003, § 5, 3-10-21)

In the B-1 Business District, the permissible uses enumerated in this division shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis:

(1)

Open air sale or display of machinery, farm implements, construction equipment;

(2)

Manufacturing except as accessory to a permitted use;

(3)

Wholesale, warehouse or storage uses;

(4)

Rooming house or boarding house;

(5)

Any use first permitted in a less restricted district;

(6)

Religious establishments, and/or ancillary educational facilities, except as provided in section 28-187.01;

(7)

Tattoo and/or body piercing parlors;

(8)

Flea markets;

(9)

Psychic/fortune tellers;

(10)

Swinger clubs or similar establishments.

(Ord. No. 63-5-1, § 16(d), 5-1-63; Ord. No. 92-11-1, § 2, 11-12-92; Ord. No. 99-9-1, § 2, 9-8-99; Ord. No. 17-10-02, § 6, 10-11-17)

All products produced incidental to a permitted use in the B-1 Business District shall be sold at retail on the premises.

(Ord. No. 63-5-1, § 16(e), 5-1-63)

In the B-1 Business District, no building or structure shall be erected or altered to a height exceeding one hundred (100) feet.

(Ord. No. 63-5-1, § 16(f), 5-1-63)

In the B-1 Business District, there shall be no minimum required size of plot for nonresidential uses. Plots containing a residential use shall be not less than one hundred (100) feet in width and ten thousand (10,000) square feet in area, except for accessory uses.

(Ord. No. 63-5-1, § 16(g), 5-1-63)

In the B-1 Business District, the minimum floor area of a rental sleeping room in a hotel or motel, shall be one hundred fifty (150) square feet.

(Ord. No. 63-5-1, § 16(h), 5-1-63; Ord. No. 92-11-1, § 3, 11-12-92; Ord. No. 96-10-2, § 2, 10-9-96)

Editor's note— Ord. No. 03-10-02, § 1, adopted Oct. 8, 2003, repealed former § 28-194 in its entirety which pertained to off-street parking in the B-1 Business District and derived from Ord. No. 63-5-1, § 16(i), adopted May 1, 1963.

Following is the minimum criteria for mixed-use residential uses in the B-1 Business District:

(a)

Applicability. Properties which are ten (10) acres or less in area which are master-planned as integrated mixed-use projects. Properties must be a minimum of seven and one-half (7.5) acres in size to qualify for such development use.

(b)

Density. Subject to allocation of Flexibility and/or Reserve Dwelling units by the Town Commission, but not to exceed the number of units permitted by the Future Land Use Element of the Town's Comprehensive Plan.

(c)

Setbacks.

(1)

Front and street side: Buildings shall be set back a minimum of twenty-five (25) feet from adjacent roadways.

(2)

Side: Minimum fifteen (15) feet.

(3)

Rear: Minimum twenty (20) feet.

(d)

Maximum building length. Maximum two hundred fifty (250) feet length for residential buildings.

(e)

Minimum floor areas.

(1)

Efficiency ..... 400 square feet

(2)

One (1) bedroom ..... 600 square feet

(3)

Two (2) bedrooms ..... 800 square feet

(4)

Add one hundred fifty (150) square feet for each bedroom greater than two (2).

(f)

Pervious area. A minimum of thirty (30) percent of the total lot area.

(g)

Building height. The same as the underlying B-1 Business District (one hundred (100) feet permitted).

(h)

Parking spaces. Each automobile parking space for residential uses shall be a minimum of nine (9) feet in width by nineteen (19) feet in depth, and each automobile parking space for nonresidential uses shall be a minimum of ten (10) feet in width by twenty (20) feet in depth.

(i)

Allocation and expiration of flexibility and/or reserve dwelling units.

(1)

The Town may allocate available flexibility and/or reserve dwelling units to property located in the B-1 Business District upon receipt of an application from the property owner or property owner's authorized agent.

(2)

The allocation of flexibility and/or reserve dwelling units will be based on review criteria established by Resolution of the Town Commission and consistent with the Town's Adopted Comprehensive Plan. The Town is not mandated to allocate flexibility and/or reserve dwelling units to an applicant, even when unallocated flexibility and/or reserve dwelling units are available.

(3)

The Town Commission will conduct a public hearing to consider the application for flexibility and/or reserve dwelling units. The number of flexibility and/or reserve dwelling units allocated to an applicant, if any, will be set forth in a Resolution adopted by the Town Commission.

(4)

Flexibility and/or reserve dwelling units may only be allocated concurrently with the approval of a site development plan for the property, and said allocation is valid only for a specified period of time.

(5)

All allocations of flexibility and/or reserve dwelling units shall have an expiration date that coincides with the expiration date of the site development plan issued concurrently with the flexibility and/or reserve dwelling unit allocation.

(6)

The allocation of flexibility and/or reserve dwelling units shall expire in the event building permits for a principal building on the property incorporating the allocated flexibility and/or reserve dwelling units are not obtained prior to the allocation expiration date. All flexibility and/or reserve dwelling units not utilized by the expiration date shall revert to the Town.

(Ord. No. 03-04-01, § 1, 4-8-03; Ord. No. 10-12-01, § 1, 12-8-10)

The B-1A Business Adult Entertainment Establishment Overlay District is intended for businesses serving not only local neighborhood shopping and personal service needs of surrounding areas, but also for business establishments of a type normally located on arterial streets and trafficways to serve large sections of the surrounding area. It is the intent of the B-1A Zoning District to provide locations for land uses that are either local and neighborhood shopping uses, or that are normally located on arterial streets and trafficways, and also to provide locations for a reasonable number of Adult Entertainment Establishments.

(Ord. No. 00-4-5, § 4, 4-26-00)

The following uses are permitted in the B-1A, Business Adult Entertainment Establishment Overlay District:

(1)

All uses permitted in the B-1 Business District.

(2)

Adult entertainment establishments as defined herein.

(Ord. No. 00-4-5, § 4, 4-26-00)

In the B-1A Business District, except for automobile parking lots, archery ranges, baseball driving ranges, bathing beaches, golf courses, golf driving ranges, lawn bowling, miniature golf courses, shuffleboard courts, swimming pools, tennis courts, playgrounds, drive-in banks, filling stations, drive-in restaurants, pony ride rings, or drive-in theaters, all activities of permitted uses including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building unless the Commission shall otherwise authorize by a special permit to be issued after a public hearing upon application therefore. Application for a permit for any use for which a special permit is required as set forth in section 28-187 shall be first submitted to the Zoning Commission, and shall contain the following information: Name and address of the applicant, legal description of the property upon which the intended use is to be permitted, name and address of the owner of the property on which the use is sought to be permitted, description of the use sought to be permitted, plot plan of the improvements intended in connection with the proposed use; and such other information as the Zoning Commission may require. The Zoning Commission may at its discretion hold a public hearing upon consideration of the application, and may give notice thereof, but it shall not be required to do so. The Town Commission shall hold a public hearing on the application and shall give notice of such hearing by publication in a newspaper of general circulation in the Town at least two (2) times, which notice shall be published fifteen (15) days before the date of the hearing, and shall further give written notice by United States mail to all owners of property within three hundred (300) feet of the proposed use.

(Ord. No. 00-4-5, § 4, 4-26-00)

Any special permit issued herein shall be utilized in conformity with the ordinances of the Town of Pembroke Park. On the anniversary of the issuance of said special permit, the applicant who is utilizing said special permit shall pay a fee of one hundred dollars ($100.00) to renew said permit, then upon proper notice, shall be subject to having such permit revoked by the commission in the event that said permit is not being utilized in accordance with the ordinances of the Town of Pembroke Park, Florida.

(Ord. No. 00-4-5, § 4, 4-26-00)

In the B-1A Business District, the permissible uses enumerated in this division shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis:

(1)

Open air sale or display of machinery, farm implements, construction equipment;

(2)

Manufacturing except as accessory to a permitted use;

(3)

Wholesale, warehouse or storage uses;

(4)

Rooming house or boarding house;

(5)

Any use first permitted in a less restricted district.

(Ord. No. 00-4-5, § 4, 4-26-00)

All products produced incidental to a permitted use in the B-1A Business District shall be sold at retail on the premises.

(Ord. No. 00-4-5, § 4, 4-26-00)

In the B-1A Business District, no building or structure shall be erected or altered to a height exceeding one hundred (100) feet.

(Ord. No. 00-4-5, § 4, 4-26-00)

In the B-1A Business District, there shall be no minimum required size of plot for nonresidential uses.

(Ord. No. 00-4-5, § 4, 4-26-00)

In the B-1A Business District, the minimum floor area of a rental sleeping room in a hotel or motel shall be one hundred fifty (150) square feet.

(Ord. No. 00-4-5, § 4, 4-26-00)

For parking requirements see Article IV, Division 2, as amended by this Division 5.5 and as may be subsequently amended.

(Ord. No. 00-4-5, § 4, 4-26-00)

No adult entertainment establishment permitted in the B-1A Zoning District shall be permitted to locate any closer than one hundred fifty (150) feet to an existing adult entertainment establishment. The separation distance required hereby shall be measured in a straight line, without regard for any intervening structures, from the closest wall of the bay housing the existing adult entertainment establishment to the closest wall of the bay of the proposed adult entertainment establishment.

(Ord. No. 00-4-5, § 4, 4-26-00)

Any adult entertainment establishment which exists as of May 3, 2000, and which is not located in a B-1A Zoning District or which is in violation of the locational requirements of section 28-205, shall be considered to be an existing nonconforming use pursuant to Chapter 28, Article V, as amended, and shall be subject to all provisions thereof, except as follows:

(1)

Any nonconforming adult entertainment establishment, the use of which is voluntarily discontinued for a period of thirty (30) days or more shall be considered to have abandoned its nonconforming use status, and any future use of such use shall only be for a use permitted in the applicable zoning district and location.

(2)

No nonconforming adult entertainment establishment may change its signage as defined in Chapter 21 of the Code of Ordinances of the Town of Pembroke Park, Florida, after the effective date of this division.

(Ord. No. 00-4-5, § 4, 4-26-00)

Any adult entertainment establishment which is also subject to the provisions of Chapter 3 (Alcoholic Beverages) of the Code of Ordinances of the Town of Pembroke Park, Florida, shall continue to be subject to those provisions, except as may be modified by the provisions of Ordinance 99-10-5, now codified in Chapter 15, of the Code of Ordinances of the Town of Pembroke Park, Florida.

(Ord. No. 00-4-5, § 4, 4-26-00)

The C-1 Heavy Commercial District is intended for limited sales, repair and maintenance services, office/warehouse uses, light assembly and sales, storage or rental of certain machinery and equipment. Such districts generally serve a regional clientele and do not cater to residential areas or pedestrian traffic. All activities, permitted uses and the storage of materials and products are limited to location within a fully enclosed building unless specified otherwise.

(Ord. No. 03-03-01, § 1, 3-21-03)

The following uses are permitted in the C-1 Heavy Commercial District:

(a)

The following kinds of retail sales:

Antiques, home appliances, art supply, automobile accessory* (including but not limited to tire sales and installation), automobile parts, awning and canvas stores, boat and marine motors, cabinet shops, camera and photographic supply, electronics (including repair), equipment rental (construction, agricultural, contractors equipment not including heavy machinery such as steam shovel, cranes, etc.), flooring store (including carpet, tile and installation), furniture, garden supply, hardware, hobby supply, home appliances (new and used), household furnishings, fabrics and draperies, lawn and garden shop (not including nurseries), office furniture and equipment, parts store* (including automobile, boat, small engine, machinery and installation), photographic supplies (including camera repair and film developing), photocopy and printing shops, plumbing and electrical fixtures, swimming pool supplies and equipment, television radio and phonograph.

Note— Uses noted with an asterisk (*) requires a Special Exception to be approved by Town Commission prior to a use occurring on a property.

(b)

The following services:

Appliance repair, automobile repair garage* (including automobiles, trucks, recreational vehicle, boats, machinery, etc.), vehicle painting* (auto body and frame repairs including bumping and grinding is not permitted), contractors shops*, dress making and seamstress, equipment and tool rental and repair, electronics repair, interior design studio, lawnmower repair and service, locksmith, sharpening and grinding, upholstery shops utilizing up to four (4) persons and not more than four thousand (4,000) square feet of storage space and shop space.

Note— Uses noted with an asterisk (*) requires a Special Exception to be approved by Town Commission prior to a use occurring on a property.

(c)

Accessory uses and structures.

(Ord. No. 03-03-01, § 1, 3-21-03)

The specific conditions set forth below shall be applied to each proposed use during site development plan review when a site development plan is required or prior to the issuance of an occupational license.

(a)

Automotive repair establishments. Any building used for automobile repair (including automotive paint) and any storage area for vehicles being or to be repaired shall be screened from any adjacent (immediately abutting or across a roadway) residential zoned property in accordance with the provisions contained herein. All repairs are to be performed within a fully enclosed building. Small dent repair not involving the use of paint, sanding, body fillers, chemicals or mechanical equipment shall be considered the same as auto repair garages and shall be permitted in C-1 Districts. No vehicle sales or rental shall be permitted. This use is not permitted unless a special exception application is approved by the Town Commission in accordance with the requirements of section 28-199 of the Code of Ordinances.

(1)

a.

Required storage area and screening. Automotive repair businesses shall provide a designated area for the storage of vehicles awaiting repair. Said storage areas must be designated on a site plan and approved by the Town Planner prior to the issuance of an occupational license or certificate of occupancy. Storage areas for vehicles awaiting repair must be located in the area designated on the site plan for such use and may be no closer than five (5) feet from a street line. All storage areas must be screened from view in accordance with the provisions contained herein.

b.

Vehicles parked within the storage areas must be parked in an orderly fashion and shall be located in such a way as to avoid traffic circulation conflicts and provide safe turning movements.

c.

Parking of any vehicles in adjacent roadway swales or drainage areas is prohibited.

d.

The required storage areas are to be separate from parking spaces required by the primary use and cars awaiting repair may not use the required parking spaces for the primary use.

e.

Vehicles in designated storage areas shall not be visibly dismantled or appear to be junked or abandoned.

(2)

A decorative masonry wall, of uniform appearance a minimum of six (6) feet in height and a maximum of eight (8) feet in height above finished grade shall be provided along street frontages abutting a right-of-way and along property lines abutting residentially zoned property. The wall must be finished with stucco and paint and be consistent with the architecture of the building. If driveway openings are provided, a decorative gate (chain link fence with slats is acceptable) shall be required.

(3)

A five-foot wide landscape area which shall be installed on the outside the wall adjoining a street and consist of a minimum of a two-foot high continuous hedge at the time of planting and maintained at a height of at least four (4) feet.

(4)

Such masonry wall and landscaping shall be maintained in good condition at all times. The masonry wall and landscaping may be interrupted by normal entrances and exits, and shall have no signs hung or attached thereto other than those permitted pursuant to the Code.

(b)

Automobile, truck and sports utility vehicle parts and accessories; sales and installation. All storage and display of parts shall be inside a building. No vehicle parts or salvage operations shall be permitted outside a building. All activities associated with facilities for the sale and installation of accessories such as stereos, alarms, trim, wheels, wheel covers, bedliners, etc. and including interior vehicle modifications, shall be conducted inside a fully enclosed building. This use is not permitted unless the Town Commission, prior to occupancy of any building, grants a Special Exception application.

(c)

Cabinet and carpenter shops. All activities to be conducted must be within a fully enclosed building and all storage of building materials shall be inside a fully enclosed building unless specifically approved by the Town Commission.

(d)

Contractor shops. Contractor shops shall be limited to office, warehouse storage and accessory equipment not including heavy equipment such as cranes. All activities to be conducted must be within a fully enclosed building and all storage of building materials shall be inside a fully enclosed building unless specifically approved by the Town Commission. This use is not permitted unless the Town Commission, prior to occupancy of any building, grants a special exception application.

(e)

Equipment sales and tool rental. All activities to be conducted must be within a fully enclosed building and all storage of equipment shall be inside a building unless specifically approved by the Town Commission.

(f)

Flooring store (Carpet, tile, wood and laminate, etc). All activities to be conducted must be within a fully enclosed building and all storage of building materials shall be inside a building unless specifically approved by the Town Commission.

(g)

Swimming pool supplies and equipment repair. All swimming pool chemicals, including pre-packaged chemicals and other associated products available for sale shall be dispensed strictly through retail sales and shall be stored within a completely enclosed structure. An outside storage tank for chemicals shall be permitted provided it is screened from view. All repair of equipment shall be within a fully enclosed building.

(Ord. No. 03-03-01, § 1, 3-21-03)

In the C-1 Heavy Commercial District, except for automobile parking lots, all activities of permitted uses including sale, display, preparation, service, repair and storage shall be conducted entirely within a completely enclosed building unless the Town Commission shall otherwise authorize by a special exception application to be issued after a public hearing upon application therefore. Application for a permit for any use for which a special exception application is required as set forth herein shall be first submitted to the Planning and Zoning Board, and shall contain the following information: Name and address of the applicant, legal description of the property upon which the intended use is to be permitted, name and address of the owner of the property on which the use is sought to be permitted, description of the use sought to be permitted, plot plan of the improvements intended in connection with the proposed use, and such other information as the Planning and Zoning Board may require. The Planning and Zoning Board may at its discretion hold a public hearing upon consideration of the application, and may give notice thereof, but it shall not be required to do so. The Town Commission shall hold a public hearing on the application and shall give notice of such hearing by publication in a newspaper of general circulation in the Town at least one (1) time, which notice shall be published at least five (5) days before the date of the hearing, and shall further give written notice by United States mail to all owners of property within three hundred (300) feet of the proposed use.

(a)

Applications for outside storage of materials, vehicles or products used in connection with proposed uses must include site plans designating the proposed front and rear of the business and must designate areas proposed to be utilized for outside storage of products, vehicles, materials or other items used in connection with proposed uses which, at a minimum, comply with the following.

(1)

All areas proposed to be utilized for outside storage of materials, vehicles products or other items utilized in connection with a proposed use must provide a designated area for the storage of such materials, vehicles, products or other items. Said storage area must be designated on a site plan and approved by the Town Planner prior to the issuance of an occupational license or certificate of occupancy. Storage areas must be located in the rear of the building as designated on the site plan and no closer than five (5) feet from the rear property line and must be screened from view in accordance with the provisions contained herein as further described in the following sections.

(2)

Materials, vehicles, products or other items utilized in the connection with a proposed use shall be located within the storage area in an orderly fashion and shall be located in such a way as to avoid traffic circulation conflicts and safe turning movements. Materials, products or items utilized in connection with a proposed use shall not protrude above the height of the screening wall.

(3)

Storage of any materials, vehicles, products or other items utilized in connection with a proposed use in roadway swale areas or drainage areas is prohibited.

(4)

The required storage area is to be separate from parking spaces required by the primary use and materials, vehicles, products or other items utilized in connection with a proposed use may not be located in required parking spaces for the primary use.

(5)

Vehicles in designated storage areas shall not be visibly dismantled or appear to be junked or abandoned.

(b)

A decorative masonry wall, of uniform appearance a minimum of six (6) feet in height and a maximum of eight (8) feet in height above finished grade shall be provided along street frontages abutting a right-of-way and along property lines abutting residentially zoned property. The wall must be finished with stucco and paint and be consistent with the architecture of the building. If driveway openings are provided, a decorative gate (chain link fence with slats is acceptable) shall be required.

(c)

A five (5) foot wide landscape area which shall be provided and may include the wall as required in the preceding section. The five (5) foot landscape buffer must also consist of a two (2) foot high continuous hedge at the time of planting and maintained at a height of at least four (4) feet located on the outside of the screening wall.

(d)

Such masonry wall and landscaping shall be maintained in good condition at all times. The masonry wall and landscaping may be interrupted by normal entrances and exists, and shall have no signs hung or attached thereto other than those permitted pursuant to the Code of Ordinances.

(Ord. No. 03-03-01, § 1, 3-21-03)

Any special exception application issued herein shall be utilized in conformity with the ordinances of the Town of Pembroke Park. On the anniversary of the issuance of said special exception, the applicant utilizing said special permit shall pay a renewal fee of two hundred fifty dollars ($250.00) to renew said permit. The permit holder shall be subject to having such permit revoked by the Town Commission in the event that said permit is not being utilized in accordance with the ordinances of the Town or in accordance with any conditions attached to the permit. The Town Commission shall adopt the notice and hearing procedures by resolution.

(Ord. No. 03-03-01, § 1, 3-21-03)

The permissible uses in the C-1 Heavy Commercial District enumerated herein shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis:

(a)

Open air sale, rental or display of machinery, farm implements or construction equipment except as provided for in this chapter;

(b)

Manufacturing except as accessory to a permitted use;

(c)

Wholesale, warehouse or storage uses except as may be permitted as an accessory to a permitted use as described in this chapter;

(d)

Rooming house or boarding house;

(e)

Religious establishments, and/or educational facilities except for a bonifide business school or trade school.

(f)

Thrift stores as defined in the B-1 District regulations.

(g)

Tattoo or body piercing parlors;

(h)

Flea markets;

(i)

Psychic/fortune tellers;

(j)

Any adult entertainment establishments.

(k)

Residential uses.

(Ord. No. 03-03-01, § 1, 3-21-03)

All products produced incidental to a permitted use may be sold at retail on the premises.

(Ord. No. 03-03-01, § 1, 3-21-03)

No building or structure shall be erected or altered to a height exceeding thirty (30) feet.

(Ord. No. 03-03-01, § 1, 3-21-03)

The minimum width of a plot utilized for any use shall be a minimum of sixty-five (65) feet in width.

(Ord. No. 03-03-01, § 1, 3-21-03)

All developments shall comply with the requirements for off-street parking contained within section 28-301 through 28-312 of the Town's Code of Ordinances. All applications for site development plan approval, building permits, certificate of occupancy or Occupational License shall be accompanied by a suitable plan demonstrating compliance with applicable off-street parking requirements. The Town Building Official shall review the proposed parking area to ascertain that the plan will comply with the Town's requirements prior to the issuance of any such permit.

(Ord. No. 03-03-01, § 1, 3-21-03)

The minimum setbacks for all buildings and structures (other than screening walls) shall not be less than ten (10) feet on all front, side or rear property lines measured from the exterior of the building to the boundary line of the plot on which the building is situated. Notwithstanding the above, the required minimum setbacks may be reduced to zero on one (1) side of the building, provided that the property has double frontage, but in no case shall the front or rear setback be less than ten (10) feet.

(Ord. No. 03-03-01, § 1, 3-21-03)

Dumpsters shall be provided for each building complex and shall not be placed within a designated parking space, landscaped area or driveway. A licensed solid waste hauler shall empty dumpsters at regular intervals that will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture, engines or parts thereof, major appliances and/or floor covering materials including but not limited to tile, carpets or rugs and/or wood or laminate flooring materials (or other materials used in or removed prior to the installation of new floor coverings) and shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

(Ord. No. 03-03-01, § 1, 3-21-03)

Because of possible noise, vibration and visual compatibility problems between certain heavy commercial uses and adjacent residential developments, the Town hereby restricts the operational hours of all businesses within the C-1 Heavy Commercial District to the following hours:

Within one hundred (100) feet of a residential zoning district, including the T-1 Mobile Home District, manufacturing or processing and vehicle repairs or parts installation including engines, transmissions, and auto accessories shall be permitted only between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday, 9:00 a.m. and 5:00 p.m. on Saturday and 9:00 a.m. and 4:00 p.m. on Sunday. This restriction shall not preclude those office functions such as bookkeeping, ordering and the like from occurring on the premises during hours.

(Ord. No. 03-03-01, § 1, 3-21-03)

(a)

Purpose. The MXE mixed use entertainment district is designed to encourage the redevelopment of SW 30th Avenue into an active entertainment district with a mix of uses including commercial, restaurant, various entertainment, hotel, office and residential. The purpose of the district standards is to stimulate economic revitalization, create a pedestrian-friendly environment and promote mixed-use developments along the corridor.

(b)

Permitted uses.

(1)

The following uses are permitted in the MXE Mixed Use Entertainment District:

a.

Accommodation uses including hotel, condominium hotel, extended stay hotel.

b.

Commercial recreation uses including indoor and outdoor commercial recreation facilities which are open to the public or require membership.

c.

Entertainment uses including theater, entertainment venue, convention center, hall-for-hire, aquarium, nightclub, bar, tavern, billiard room, museum, exhibition space.

d.

Retail uses including antiques, clothing, convenience market, florist, gift, greeting cards, grocery, jewelry, leather goods, newsstand, notions, pharmacy, souvenir, sporting goods, stationery and books and sundry.

e.

Restaurant uses including bakery, delicatessen and ice cream parlor.

f.

Office uses including general office, medical office, banks and financial institutions.

g.

Multi-family residential uses as specified in section 28-209.C Specific Use Regulations

h.

Upon Town Commission approval, certain temporary uses may be permitted for the period expiring on January 1, 2028, with the option, upon the written approval of the Town Manager based on the status of the sanitary sewer installation and certification, for two (2) additional two (2) year extensions up to and including January 1, 2033, at which time this provision shall be null and void. The temporary uses controlled by this subsection (h) shall be as follows:

1.

On-Street parking pursuant to a duly executed parking use agreement;

2.

Retail showroom and storage;

3.

Parking uses in conformance with any conditions specified by the Town Commission; and

4.

Medical marijuana treatment center.

(2)

Existing uses. Existing non-conforming uses are permitted to remain pursuant to Article V. Non-conforming Uses of the Town Zoning Code.

(c)

Specific use regulations.

(1)

All residential units are subject to the following regulations:

a.

Allocation of units. Allocation of flex/redevelopment units are granted by the Town Commission and are subject to the availability of flex/redevelopment units.

b.

Affordable housing. A minimum of fifteen (15) percent of units allocated to a project must be affordable as defined by the Town and Broward County. A project is encouraged to propose affordable housing units consistent with policies 2.16.3 and 2.16.4 of Broward County Land Use Plan. Affordable housing units must be deed restricted for a minimum period of thirty (30) years. The recorded deed restriction shall be provided to the Town prior to the issuance of a building permit for the development.

The Town Commission may approve a fee in lieu providing affordable housing. The Town Commission will establish the fee. The fee cannot be lower than the fee established in policies 2.16.3 and 2.16.4. The Town may apply to various Town affordable housing strategies including:

1.

Programs to facilitate the purchase or renting of new or existing affordable housing stock.

2.

Programs to facilitate the maintenance of the existing supply of affordable housing.

3.

Other programs or initiatives designed by the Town to address specific affordable housing market needs, including strategies to reduce the cost of housing production, promote affordable housing development; prevent displacement, and promote transit amongst low-income populations.

c.

Density. The permitted density in the MXE district is fifty (50) dwelling units per net acre.

d.

Density bonus options. A development may request a density bonus based on the following criteria. A development cannot exceed a maximum of one hundred (100) units per acre including the density bonus.

1.

Fifty (50) units/acre. Development which is designated LEED Silver, Gold or Platinum or the equivalent for Florida Green Building Coalition standard or other sustainable development equivalent approved by the Town Commission.

2.

Twenty-five (25) units/acre. Provide public art using one (1) of the following options:

3.

A fee equal to one (1) percent of the project's construction costs or two hundred thousand dollars ($200,000.00) whichever is less;

4.

A piece of artwork valued at one (1) percent of the project's construction costs or a maximum of two hundred thousand dollars ($200,000.00) or whichever is less. The artwork shall be accessible to the public. If the artwork is placed on public property, the public art shall be approval from the City Commission.

5.

Twenty-five (25) units/acre. Properties that provide upper-level pedestrian connection between abutting properties. The pedestrian connection shall be a minimum 10-foot-wide and must be ADA compatible.

6.

Twenty-five (25) units/acre. Structured parking to accommodate one hundred (100) percent of the proposed parking.

(d)

Uses not permitted.

The following uses are prohibited including:

Single family and duplex residential. Townhomes-unless integrated into a development as liner residential to screen structured parking.

Vehicle and marine oriented uses including sales, parts, repair. Service and gasoline stations.

Drive-thru facilities including, restaurant, pharmacy, bank, atm.

Places of worship.

Industrial uses including warehouse manufacturing and self-storage facilities.

(e)

Height restrictions.

(1)

The maximum height of any structure shall be one hundred fifty (150) feet.

(2)

A height bonus option may be granted by the Town Commission to a maximum height of two hundred (200) feet if the development provides one (1) of the following options if the option was not used for a density bonus.

a.

Structured parking to accommodate one hundred (100) percent of the proposed parking.

b.

Five (5) percent of the provided parking is reserved for electric vehicle charging stations.

c.

Provide public art using one (1) of the following options:

1.

A fee equal to one (1) percent of the project's construction costs or two hundred thousand ($200,000.00) whichever is less;

2.

A piece of artwork valued at one (1) percent of the project's construction costs or a maximum of two hundred thousand dollars ($200,000.00) or whichever is less. The artwork shall be accessible to the public. If the artwork is placed on public property, the public art must be accepted and approved by the Town Commission.

All structure heights above one hundred (100) feet are subject to a determination of no hazard from the Federal Aviation Administration (FAA).

(f)

Size of plot and floor area.

There is no minimum plot size or floor area.

(g)

Setbacks.

(1)

The setback for all street front and street side yards shall be in compliance with the SW 30th road profiles established in Exhibit G.1.a and Exhibit G.1.b. Additional right-of-way necessary to complete the SW 30th Avenue Road profile may be granted in the form of an easement.

The Town Commission may modify the dimensions and requirements for Landscape/Pedestrian Zones 1 and 2 if determined to be in the best interest of the Town as part of the site plan approval process.

(2)

All remaining setbacks are zero (0).

(h)

Off-street parking. All developments are required to provide off-street parking in accordance with section 28-301. A development is encouraged seek a parking reduction utilizing approved parking reduction and or demand study methods from Institute of Traffic Engineers (ITE), Urban Land Institute (ULI), American Planning Association (APA) or other organization accepted by the Town Commission.

(i)

On-street parking. On-street parking shall be provided pursuant to the roadway profile in Exhibits G.1.a and G.1.b. It will be the responsibility of the abutting property owner to provide the on-street parking. On-street parking shall be applied to off-street parking requirements for the development.

(j)

Building over Town right-of-way.

A property owner abutting SW 30th Avenue may enter into a lease agreement with the Town Commission to allow for the ability to develop on the air rights of SW 30th Avenue.

Setback requirements shall be waived for structure within the air rights of SW 30th Avenue.

Other than structural supports for the structure above SW 30th Avenue, the air rights of the first thirty (30) feet from ground level shall remain open to allow for natural light, ventilation, landscape and the service of utilities.

(k)

Design standards. The following design standards shall apply to all new developments in the MXE Mixed Use-Entertainment District.

(1)

Landscape and Pedestrian Zone 1. Landscape and pedestrian Zone 1 is intended to be flexible space to allow a mix of on-street parking, landscape, street furniture including seating, artwork and fountains, and/or expanded pedestrian walkways. The development is encouraged to be creative with the public space immediately fronting the development.

(2)

Landscape and Pedestrian Zone 2. Landscape and pedestrian Zone 2 is intended to create an expanded pedestrian walkway area with grade level landscape. Planter boxes are prohibited. The development is encouraged to be creative with the public space immediately fronting the development.

(3)

Active uses on ground level. Activation of the ground level is required. The development must adequately provide active uses on the ground level. Activation methods include retail, restaurants, hotel lobbies, residential lobbies, public or private fitness centers or similar uses. Seventy (70) percent of the ground level facade must include clear glass unless waived by Town Commission.

(4)

Upper-level and rooftop decks/coordination with abutting properties. Upper-level and rooftop decks are encouraged. Upper-level and rooftop decks should include indoor and outdoor commercial uses and be open to the public. Upper-level decks should be coordinated between abutting properties. Upper-level decks must connect when abutting or be connected with skywalks or other creative connections. The Town may require cross access easements to upper-level decks to implement the goals and visions of the Town.

(5)

Vehicle openings. Ground level openings for structured parking and back of house shall be the minimum width practicable. The ground level opening for structured parking and back of house should be shared to avoid conflicts with the active pedestrian areas.

(6)

Back of house/loading/refuse. The back of house for all buildings must be screened from view from the public right-of-way (SW 30th Avenue). The back of house should be screened by a wall or active ground floor use. Dumpster and loading areas shall not be seen from the public right-of-way.

(7)

Screening of structured parking. On the ground level, the structured parking (except for the opening) must be screened from the view from the public right-of-way (SW 30th Avenue). Screening of structured parking may include active uses, residential liner units and green walls.

Above the ground level, the structured parking shall be screened along the east and west facades. Screening of structured parking may include decorative screens, liner residential units and liner commercial/office space.

For properties fronting Pembroke Road and Hallandale Beach Boulevard, structured parking shall be screened from all rights-of-way. Screening of structured parking may include decorative screens, liner residential units and liner commercial/office space.

(8)

Bicycle parking. Ground level public bicycle parking shall be provided in a location agreed to by the development and the Town. Bicycle parking may be located in the landscape/on-street parking area opposite the development or within landscape and pedestrian Zone 1 and Zone 2 per Exhibits G.1.a and G.1.b or within private property via an easement.

A development shall also provide bicycle parking or bicycle storage for customers, employees and/or residents. The amount of bicycle storage shall be agreed to by the Town and development prior to site plan approval.

(Ord. No. 2023-002, § 2, 3-8-23; Ord. No. 2023-017, § 2, 12-13-23)

The M-1 Industrial District is intended for industrial uses not in conflict with any ordinance of the Town regulating nuisances and for such uses not involving the use of materials, processes or machinery likely to cause undesirable effects upon neighboring or adjacent residential or business property. The M-1 Industrial District may directly abut a residential or business district and the activities allowed in an M-1 Industrial District are intended to be such as may be compatible with such neighboring districts under the requirements provided in this division to minimize conflict, and to preserve the M-1 Industrial Districts for its primary purpose, to wit: industrial development. Residential uses are not allowed therein.

For purposes of the regulations of the M-1 Industrial District "Residential" shall be deemed to include not only single-family residences but multifamily residential use and mobile home park use in addition thereto; furthermore, "residential zoning" shall also be deemed to include zoning classifications where single-family residences, multi-family residences, or mobile home park use is allowed.

For purposes of applying the regulations of the M-1 Industrial District in Sections 28-212, 28-213, 28-214, and the regulations of the M-1 Zoning District as applicable to non-conforming uses and structures, the word "expand" or "expansion" shall not be limited to an increase in land area, but shall also include an increase in building or structure envelope, an increase in off-street parking utilization, or an intensification to the use evidenced by improvements or alterations made to the site or building since the date the use became non-conforming (alterations and improvements made without permits from the last set of plans on file with the Town shall be conclusively presumed to have been made after the date the use became non-conforming), or evidenced by a discernible increase in adverse secondary effects in terms of noise, vibration, objectionable odors, air or water pollution, light, traffic congestion, adverse impacts to public safety, or like adverse effects.

(Ord. No. 15-02-03, § 1, 2-11-15; Ord. No. 2022-002, § 1, 4-13-22)

Except as provided in Section 28-212 and Section 28-213, no building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, in the M-1 Industrial District for other than one (1) or more of the following permitted uses:

(a)

Manufacture and distribution of:

Aerospace composites;

Apparel related products;

Assembled paper products;

Aviation technology;

Ceramics;

Computer components;

Cosmetics;

Electronic and electrical equipment, systems, components, instruments, and peripherals;

Finished wood products;

Food packaging and distribution;

Footwear;

Furniture and fixtures;

Image recognition devices;

Jewelry;

Leather products;

Machinery;

Manufacturing technology;

Medical equipment and supplies;

Musical instruments;

Optics;

Pharmaceuticals and medicines;

Robotics; and,

Transportation parts and equipment.

(b)

Development or distribution of artificial intelligence or computer and telecommunications software.

(c)

Medical and biomedical educational or scientific research, testing, or development facilities (not schools) or laboratories.

(d)

Warehouse and storage buildings associated with manufacturing, assembly and distribution of goods and equipment, including self-storage facilities; provided however, that in addition to all other requirements of the Town, adequate areas are available for the storage of trucks used in the operation so that they are not parked in streets, driveways, automobile parking spaces or landscaped areas.

(e)

Storage in bulk within warehouse and storage buildings of: brick, building materials, cement, clay products, concrete products, contractors' equipment, cotton, grain, gravel, hay, lead, plaster, pipe, lumber, machinery, roofing materials, rope, sand, stone, terra cotta, timber, wood or wool.

(f)

The following service and trade establishments:

Bakery;

Boat repair;

Bookbinding;

Cheese making;

Cleaning and dyeing establishments;

Communication - information/data processing;

Cutting or blending of liquor;

Diaper service;

Drapery and blind fabrication and service;

Egg storage, handling or processing;

Electroplating;

Exterminating;

Food catering;

Glass and mirror shop;

Janitorial;

Laundry;

Linen supply;

Machinery repair;

Magazine wholesale agency;

Manufacture of powder blends, potting compounds and plastisols;

TV / Motion picture studio / recording studio;

Pattern making;

Plumbing or electrical shop;

Printing, publishing, lithography and engraving; and,

Buildings for telecommunications and utility operations (except communications towers which are regulated elsewhere under this Code).

(g)

Employee-based offices that do not serve the general public including, but not limited to, the following use categories (subject to applicable restrictions on and limitations as may be provided in the Town's Comprehensive Plan):

Medical billing and processing;

Data processing;

Computer software development and technical support;

Mail order (no walk-up retail sales);

Burglar alarm monitoring services;

Pest control services;

Land surveying operations; and,

Property management or landscape maintenance services.

(h)

Exercise and gym and sport training facilities that are noise controlled.

(i)

The following repair and shop uses:

Awning and canvas;

Carpenter and cabinet;

Contractor shop;

Electronic equipment repair;

Furniture repair;

Home appliance repair;

Lawn mower and motorcycle repair;

Locksmith;

Sharpening and grinding;

Upholstering shop; and,

Automotive, truck, motorcycle or boat engine repair, maintenance or testing (no body work, frame repairs, or painting unless approved pursuant to Sec. 28-212 of this Code).

(j)

Blacksmith and welding.

(k)

Carpet and rug cleaning.

(l)

Wholesale meat, poultry, and fish distribution.

(Ord. No. 15-02-03, § 2, 2-11-15; Ord. No. 2022-002, § 2, 4-13-22)

(a)

Except as provided in subsection (c), the following uses may be allowed on property located within the M-1 Industrial District, provided such uses (and every subsequent change, alteration or expansion or relocation thereof) are approved by Special Permit as provided in subsection (b) below or by Special Exception in accordance with the provisions contained in Division 6 of this Chapter:

(1)

Manufacture and/or storage of cement, lime, plaster, asphalt, brick, tile, concrete or products thereof;

(2)

Packing plants or canning plants;

(3)

Petroleum storage or transfer;

(4)

Fabrication of Metal Products, excluding foundry and drop forging, but including stamping, dieing, shearing or punching;

(5)

Paint or varnish manufacture;

(6)

Open air storage in bulk of brick, building materials, butane, cement, clay products, concrete products, contractors' equipment, cotton, fuel, gasoline, grain, gravel, hay, lead, lime, plaster, pipe, lumber, machinery, propane, roofing materials, rope, sand, stone, terra cotta, timber, wood or wool;

(7)

Use of automatic screw machines;

(8)

Motor freight terminals;

(9)

Manufacturing of chemicals which are not prohibited under the provisions of Section 28-219;

(10)

Automobile, boat, motorcycle or truck body work, frame repairs or painting;

(11)

Taxidermy;

(12)

Any manufacturing or chemical process that regularly involves the use or storage of any one chemicals in quantities greater than fifty (50) gallons per day;

(13)

Recovered Materials Processing Facilities which meet the conditions of F.S. § 403.7045 (1)(e) (2020), as amended (and which therefore are not solid waste management facilities), and which do not accept or process household waste or putrescible waste; and

(14)

Uses and activities clearly accessory to a use allowed by Special Exception.

(b)

The Town Commission may approve, or conditionally approve, by granting a Special Permit, any use (or a change, alteration, expansion, or relocation thereof) which is listed in this section, provided such use and the change, alteration or expansion or relocation thereof: takes place in a fully enclosed building, involves no more than five thousand (5,000) square feet of floor area, and is not reasonably likely to generate any material and detrimental increase in adverse secondary effects in terms of noise, vibration, objectionable odors, air or water pollution, light, traffic, traffic congestion, adverse impacts to public safety, or like adverse effects. The process and procedure applicable to Special Permits in the M-1 Industrial District is set forth in Section 28-214 of this Code, and this process and procedure is intended to be more expeditious than the process and procedure for granting Special Exceptions. Should the Town Commission determine not to grant a Special Permit under this subsection (b), or should the application does not meet the qualifying requirements of this subsection (b), a Special Exception shall be required in order to allow such use, or the alteration, expansion, or re-location thereof.

(c)

Whenever the Town enacts an amendment to this section which makes or classifies certain previously permitted uses as being allowable in the M-1 Zoning District by Special Exception, then such uses may continue without obtaining a Special Permit or a Special Exception; however, they may not change their primary operation, alter, or expand without obtaining such approval.

(Ord. No. 15-02-03, § 3, 2-11-15; Ord. No. 2022-002, § 3, 4-13-22)

This Section creates special zoning regulations applicable to the M-1 Industrial District that supersede any other zoning regulations that determine the extent (e.g. in terms of size and intensity) to which non-conforming uses in the M-1 Industrial District may continue. Whenever the Town enacts an amendment to the M-1 Industrial District which classifies a use which was a permitted use or an allowable use by Special Exception immediately prior to the amendment as a prohibited use, then such use shall be considered a non conforming use, and such use may not change its primary operation, or alter or expand, unless such change, alteration, or expansion is authorized by an express provision of this District or approval authorized in this District. Nothing in this section shall prevent the Town from establishing or amending any occupation, business, industry, or activity regulatory ordinances which may impact how certain uses which are also from a zoning standpoint non-conforming uses in this District may continue to operate, or prevent the Town from adopting additional non-conforming use zoning regulations.

(a)

Uses that were established and operating in accordance with the regulations of this District, regardless of whether such uses took place in buildings or on land, and which become listed as prohibited uses under the regulations of this District, may continue to operate as nonconforming uses, as provided in paragraphs (1), (2), or (3) below, as applicable.

(1)

Uses that were operating in this District on or before February 11, 2015 and which became on or before February 11, 2015 listed as prohibited uses, shall be able to continue to operate under subsection (a) of this Section as non-conforming uses in the same manner they operated as of the date such uses became non-conforming (as distinguished from operations in excess of actual operations as of such date which may be allowed by federal, state, district or county law, regulations, or approvals). These uses shall not change, alter, or expand beyond the limit stated above.

(2)

Any use that is listed in Section 28-212 of this Code as a use allowable by Special Exception or Special Permit immediately prior to becoming listed as a prohibited use under the regulations of this District sometime after February 12, 2015 shall be able to continue to operate under subsection (a) of this Section as a non-conforming use to the extent of the greater of (i) such use's last Special Permit or Special Exception issued by the Town Commission after February 12, 2015 and before the effective date of the Town Ordinance defining such use as a prohibited use, or (ii) in the same manner in which the use operated as of the effective date of the Town Ordinance defining such use as a prohibited use (as distinguished from operations in excess of actual operations as of such date which may be otherwise be allowed by federal, state, district or county law, regulations, or approvals). These uses shall not change, alter, or expand beyond the limit stated above.

(3)

Any use that is listed in Section 28-211.5 of this Code as a permitted use immediately prior to being listed as a prohibited use under the regulations of this District sometime after February 12, 2015, shall be able to continue to operate under subsection (a) as a non-conforming use; however, these uses may be extended throughout any building in which they may be located, provided no structural alterations (except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building), are made therein. These uses shall not further change, alter, or expand beyond the limit stated above.

(Ord. No. 15-02-03, § 4, 2-11-15; Ord. No. 2022-002, § 4, 4-13-22)

(a)

An application for a Special Permit for any use or change, alteration or expansion or relocation thereof which is allowed pursuant to the provisions of Sec. 28-212 (b) of this Code shall contain the following information: name and address of the applicant; legal description of the property upon which the activity is sought to be specially permitted; plans detailing the exterior and interior improvements and alterations intended in connection with the proposed activity, and when the application involves more than two thousand five hundred square feet (2,500 SF) of floor space (i) a report of a traffic engineer as to the daily number of trips generated by the proposed activity and off-street parking requirements needed for the proposed activity, and (ii) an impact analysis report by a Professional Engineer detailing any adverse effects of noise, light, odors, traffic, objectionable odor, air or water pollution, vibration, impacts to public safety, or other similar potential adverse effects associated with the application. The Town Planner may reasonably deviate from the requirements of the prior sentence, and may require additional or different submissions which relates to the criteria set forth herein and in Subsection Sec. 28-212 (b) of this Code (such as, for example, a flow sheet or process description indicating the process utilized and the method of such utilization, the compounds and chemicals utilized in such process, etc.).

(b)

The applicant shall make application on forms provided by the Town and shall pay such application fee and pay all costs and expenses of the Town as may be applicable to such matters from time to time.

(c)

The Town Commission shall hold a quasi-judicial public hearing on the application and shall give notice of such hearing by (i) publication on the Town's Website at least ten (10) days before the date of the hearing, and (ii) written notice in United States Mail to all owners of property as disclosed by the most recent ad valorem tax roll within three hundred (300) feet of the proposed use which is mailed at least ten (10) days before the date of the hearing.

(Ord. No. 15-02-03, § 5, 2-11-15; Ord. No. 2021-003, § 5, 3-10-21; Ord. No. 2022-002, § 5, 4-13-22)

(a)

Any and all uses shall be performed in areas approved for said use, as provided by the Code of Ordinances of the Town of Pembroke Park, Florida. No disassembly, assembly, repair, fabrication, processing, work, or storage of products, raw materials, or inventory, shall be allowed in any designated parking area, roadway, driveway, pedestrian walkway or emergency vehicle access way. Except as may be otherwise prohibited by this Code, the storage of goods and products and inventory and equipment outdoors in areas other than a driveway, pedestrian walkway, emergency vehicle access way, or required off-street parking area may be approved by the Town Commission; provided, the Commission determines that such area appropriately visually screened from view from the ground from adjacent property (in light of the site characteristics and utilization), and provided the Town Commission determines the material or equipment as so located and utilized does not create any adverse effects of noise, light, odors, traffic, objectionable odor, air or water pollution, vibration, impacts to public safety, or other similar potential adverse effects, or incompatibilities in terms of aesthetics with surrounding property.

(b)

Off-street parking spaces shall be used for temporary parking of operable vehicles, and not for storage of operable vehicles (i.e. fleet vehicle parking) unless such storage areas have been approved by the Town Commission. Off-street parking spaces shall not be used for temporary parking or storage of in-operable vehicles or vehicles that do not have a current tag and registration.

(c)

No automobile, truck, motorcycle or boat body work, repairs or painting shall take place or be allowed outside of a building. No automobile, truck, motorcycle or boat parts, tires, petroleum products, paints or other hazardous materials shall be stored outside of a building. All motor vehicle cleaning or detailing uses shall comply with the provisions listed in 28-187.1(c)(3) to collect, store and dispose of polluted water, solvents or other cleaning products.

(Ord. No. 15-02-03, § 6, 2-11-15; Ord. No. 2022-002, § 6, 4-13-22)

(a)

The following uses in the M-1 Industrial District are prohibited to be located within one hundred (100) feet of any residentially zoned district in the Town: automotive, truck, motorcycle or boat engine repair, maintenance or testing. For the purpose of this section this shall include any building used for such purpose.

(b)

A Recovered Materials Processing Facility in the M-1 Industrial District shall be prohibited from being located within five hundred (500) feet of any residentially zoned district in the Town. This provision shall not be construed to discourage or prohibit individuals and business entities that are participating in recycling programs as part of their normal business operation, provided that the primary use of such individuals or business entities is not a Recovered Materials Processing Facility. For the purpose of this section this shall include any building, any outdoor area used for such purpose. Prior to February 11, 2015, the separation standard set forth in this subsection was three hundred (300) feet. As to any Recovered Materials Processing Facility that was established and operating in accordance with the regulations of this District prior to February 11, 2015, such Facility shall remain subject to the former three hundred (300) foot standard and shall not be considered non-conforming for not meeting the current, increased separation requirements of the first sentence of this subsection; however, should such Facility relocate from its current location, such relocation must comply with the increased separation standard set forth in the first sentence of this subsection.

(c)

The following activities in the M-1 Industrial District are prohibited from being located within one hundred fifty (150) feet of any residentially zoned district in the Town: automobile, boat, motorcycle or truck body work, frame repairs or painting.

(d)

Any use listed in this Section which violates the separation requirements of this section may continue in nonconforming status, but may not relocate from its current location unless it is relocated so as to comply with the applicable separation standard herein. If any use in non-conforming status under this Section is discontinued for a period of ninety (90) days or more, it shall lose such status, and shall thereafter be illegal in such location; provided however, that such use will not be considered discontinued if the discontinuance is a result of natural or manmade disasters or calamity such as a wide spread epidemic, war, terrorism, or hurricane.

(Ord. No. 15-02-03, § 8, 2-11-15; Ord. No. 2022-002, § 7, 4-13-22)

All uses in the M-1 Industrial District located within two hundred fifty (250) feet of any residentially zoned district may only operate during the following hours:

(a)

Monday through Saturday: 7:00 a.m. to 7:00 p.m.; Sunday 9:00 a.m. to 4:00 p.m.

(b)

Clerical, bookkeeping and related administrative activities are not subject to the hours of operation set forth in the preceding paragraph, and may be conducted at any time.

(Ord. No. 15-02-03, § 9, 2-11-15; Ord. No. 2022-002, § 9, 4-13-22)

The following uses shall be prohibited in the M-1 Industrial District:

(a)

Manufacturing of cleaning, solvent, exterminating, or disinfecting chemicals, or other hazardous substances as defined by the National Fire Protection Association;

(b)

Manufacture or storage of explosives;

(c)

Petroleum products refining;

(d)

Stock or slaughter yards;

(e)

Rendering plant or glue works;

(f)

Pulp mills, saw mills, or paper mills;

(g)

Oil compounding, manufacturing, or barreling;

(h)

Open air storage in bulk of asphalt, coal, grease, liquor, tar, tarred or creosoted products, or wine. This prohibition does not apply to storage of these materials in warehouses;

(i)

Insecticide manufacturing;

(j)

Storage, sale, salvage, transfer, or disposal of junk, scrap, or used parts where such items are not recyclable material or recovered materials as defined by Section 403.703, Florida Statutes;

(k)

Except where otherwise listed in Section 28-211.5 or 28-212, the use of any material not environmentally neutral and which can cause noxious odors when emitted to the air;

(l)

Manufacture or storage of explosives;

(m)

Retail stores, sales or service unless specifically listed as a permitted use;

(n)

Amusement enterprises;

(o)

Sale or leasing of automobiles, trucks, boats, or recreational vehicles;

(p)

Bars, cocktail lounges, or night clubs;

(q)

Grocery store and meat markets;

(r)

Fertilizer manufacturing (excluding mixing and packaging, and sale of in-bag inorganic fertilizer);

(s)

Foundries;

(t)

Rock and sand crushing plants;

(u)

Tannery and slaughterhouse;

(v)

Airport;

(w)

Adult day care;

(x)

Bus storage or repair facilities;

(y)

Hospitals, sanitariums, orphanages and similar institutions for the care or treatment of persons;

(z)

Hotels, motels, apartment hotels, rooming, boarding or lodging houses, except if granted commercial flex and approved by the Town Commission;

(aa)

Institution for the housing of sick, indigent, aged or minor persons.

(bb)

Residential uses including mobile homes and recreational vehicles, except for one accessory manager's / security quarters per complex not exceeding 400 square feet;

(cc)

Pharmacies, drug treatment centers, pain centers or clinics;

(dd)

Cultivation, growing, processing or distribution of medical or prescription drugs or substances;

(ee)

Assembly uses for persons, including, but not limited to, convention and meeting centers, auditoriums, and convention centers;

(ff)

Penal or correctional institutions, jails, detention centers, temporary or transitional housing or shelters, or treatment centers or facilities for disorders, addictions, or other health or social problems;

(gg)

Solid waste management facilities as defined by State law; and

(hh)

The following types of solid waste related uses and operations are prohibited anywhere within this District: landfills, incinerators, pulverizers, compactors, composters or composting, solid waste disposal facilities, hazardous waste facilities, hazardous waste management facilities, and transfer stations.

(Ord. No. 15-02-03, § 10, 2-11-15; Ord. No. 2022-002, § 10, 4-13-22)

No building or structure in the M-1 Industrial District shall be constructed or altered whereby the finished building height exceeds eighty (80) feet. Notwithstanding the aforesaid height restriction in this section, the Town Commission may grant a special exception upon request of a property owner to permit construction or alteration of a building or structure with a finished building height of up to one hundred (100) feet.

(Ord. No. 17-10-03, § 3, 10-11-17)

The S-1 Civic and Recreational District is intended for outdoor sports and recreational activities in which the participants are actively engaged, but which may also provide entertainment for spectators. The activities for which the S-1 District is provided are normally and primarily conducted in the open air, while related accessory uses may be in the open air or in a building or structure. The functional characteristics of an S-1 District may require its location within, or in close relationship to, residential areas, public recreational areas or scenic areas. Because of the nature of uses involved and the variety of arrangement of uses and facilities on the site plan of development, broad general regulations for plot size, yards, setbacks and height must be adequate for any location at which an S-1 District may be established. This district is also intended for public-type buildings and areas such as parks, city hall, police and fire departments and other related municipal or governmental functions.

(Ord. No. 63-5-1, § 14(a), 5-1-63)

In the S-1 Civic and Recreational District, no building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses, subject to the procedure specified in this division:

(1)

Archery range;

(2)

Baseball driving range;

(3)

Bathing beach;

(4)

Boat anchorage;

(5)

Boat dock;

(6)

Boat launching facility;

(7)

Cabanas;

(8)

Country club;

(9)

Golf course;

(10)

Golf driving range;

(11)

Lawn bowling;

(12)

Miniature golf course;

(13)

Shuffleboard court;

(14)

Stadium;

(15)

Swimming pool;

(16)

Tennis courts;

(17)

Social, athletic, neighborhood or community club;

(18)

Public and/or private schools;

(19)

Churches;

(20)

Playgrounds;

[See next page]

(21)

Accessory uses.

(Ord. No. 63-5-1, § 14(b), 5-1-63)

The permissible uses enumerated in the preceding section for the S-1 Civic and Recreational District shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis:

(1)

Any business or commercial use not permitted as a principal use, except when meeting requirements of an accessory use;

(2)

Any industrial or manufacturing use;

(3)

Drive-in theatre, drive-in restaurant or drive-in refreshment stand.

(Ord. No. 63-5-1, § 14(c), 5-1-63)

The site development plan for a plot in an S-1 Civic and Recreational District shall provide for such an arrangement and location of uses and facilities on the plot as to give maximum possible separation from, and protection to, contiguous and nearby residential property. Where the nature of the activities or facilities on the plot present any potential hazard or detriment to contiguous residential properties from noise, glare, odors, smoke, vibration, flying objects or traffic, protection to such contiguous residential properties shall be provided in the form of open space, fences, walls, hedges, enclosures and/or by such other means as may be appropriate and effective to prevent or minimize such hazards.

(Ord. No. 63-5-1, § 14(d), 5-1-63)

In the S-1 Civic and Recreational District all required yards and open spaces adjacent to streets and contiguous to residential property shall be planted and properly maintained with suitable planting in form of grass, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood.

(Ord. No. 63-5-1, § 14(e), 5-1-63)

In the S-1 Civic and Recreational District, no building or structure, or part thereof, shall be erected or altered to a height exceeding fifty (50) feet.

(Ord. No. 63-5-1, § 14(f), 5-1-63)

In the S-1 Civic and Recreational District, every plot shall be not less than two hundred (200) feet in width and forty thousand (40,000) square feet in area.

(Ord. No. 63-5-1, § 14(g), 5-1-63)

In the S-1 Civic and Recreational District, no parking area shall be located within ten (10) feet of any residentially or trailer park zoned property nor within twenty-five (25) feet of any street line. No structure, except fences or walls as hereinafter provided, shall be located within twenty (20) feet of any residentially or trailer park zoned property nor within twenty-five (25) feet of any street line. No building or roofed portion of any structure shall be located within twenty-five (25) feet of any plot line. No required open space, yard or setback area shall be used or developed for any purpose other than by landscaping and by the minimum amount of walkways and/or driveways reasonably necessary to serve the permitted S-1 uses.

(Ord. No. 63-5-1, § 14(h), 5-1-63)

In the S-1 Civic and Recreational District, no fence or wall shall be erected within twenty-five (25) feet of any street line. See Article IV, Division 4, for applicable regulations for fence, wall and hedge heights, placement and design.

(Ord. No. 63-5-1, § 14(i), 5-1-63; Ord. No. 11-12-01, § 1, 12-7-11)

The T-1 Mobile Home Park District is intended to apply to areas used for the parking or placement of mobile homes and/or recreational vehicles for occupancy as living quarters, wherein the mobile home park is owned or operated as a unit and individual spaces are occupied on a rental basis for periods not in excess of one (1) year.

(Ord. No. 63-1-1, § 15(a), 5-1-63; Ord. No. 00-4-4, § 1, 4-26-00)

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

Accessory structure means any shed, enclosed carport or garage, open carport, covered porch, raised deck, air conditioner unit/pad or similar structure which is constructed for use with a mobile home or recreational vehicle, but is not used as a living area.

Kitchen means a room or place equipped for cooking and containing, at a minimum, a built-in sink and a stove or oven for cooking.

Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Mobile home park means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and/or recreational vehicles and in which the primary use of the park is residential.

Nonconforming lot means a lot which due to size, dimension or other characteristics does not comply with the provisions of this division.

Nonconforming structure means structures with dimensional nonconformities such as setbacks, height, area coverage and other similar standards which do not comply with the provisions of this division.

Nonpermanent location means the parking or location of a recreational vehicle on a site on the same parcel of real property for a period of time less than six (6) months.

Permanent location means the parking or location of a recreational vehicle on a site on the same parcel of real property for a period of time more than six (6) consecutive months.

Recreational vehicle means a motor vehicle primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle as more fully defined in F.S. § 320.01, as amended.

(Ord. No. 00-4-4, § 2, 4-26-00)

No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, in the T-1 Mobile Home Park District for other than one (1) or more of the following specified uses:

(1)

Mobile home parks for the rental of mobile home or recreational vehicle sites for occupancy by mobile homes and/or recreational vehicles as living quarters where the mobile home park is owned and/or operated as a unit;

(2)

Accessory uses and structures, not including the conduct of any business, occupation or profession except as permitted in this division;

(3)

Home occupations as defined in section 15-38 of this Code.

(Ord. No. 63-5-1, § 15(b), 5-1-63; Ord. No. 00-4-4, § 3, 4-26-00)

Mobile home parks providing space for forty (40) or more mobile homes and/or recreational vehicles may have retail stores and personal service shops for the care or treatment of the tenants or their clothing subject to the following limitations and requirements:

(1)

Such uses are wholly conducted within a completely enclosed building;

(2)

There are no signs or displays visible from any street indicating such uses;

(3)

Such uses are conducted for the convenience of tenants of the mobile home park and are not normally made available to other persons; and

(4)

No animals, reptiles, insects or fowl shall be raised or kept in any mobile home park, except domestic pets.

(Ord. No. 63-5-1, § 15(c), 5-1-63; Ord. No. 00-4-4, § 4, 4-26-00)

The permitted uses enumerated in the preceding section for the T-1 Mobile Home Park District shall not be construed to include, either as principal or accessory use, any of the following which are listed for emphasis:

(1)

Storage or parking of mobile homes or recreational vehicles except when a mobile home or recreational vehicle is located on a site preparatory to occupancy or between periods of occupancy;

(2)

Any gasoline service station, vehicle service or repair garage;

(3)

Any second-hand or used merchandise offered for sale, displayed or stored on the premises except as incidental to the bona fide sale of a mobile home;

(4)

Dwelling units or living quarters, except in a mobile home, recreational vehicle, or as a permitted accessory use;

(5)

Occupancy of a mobile home site by a mobile home, recreational vehicle or living quarters except on a rental basis for periods not in excess of one (1) year;

(6)

No second kitchen facility shall be permitted on any mobile home or recreational vehicle site;

(7)

No sanitary facilities shall be installed or maintained on any mobile home site in any building or structure thereon, other than in the mobile home or recreational vehicle itself or in an approved addition thereto;

(8)

The occupancy of any mobile home or recreational vehicle and/or addition thereto by more than one (1) family; or

(9)

Placement, construction or location of a modular home for use as a dwelling unit or living quarters.

(Ord. No. 63-5-1, § 15(d), 5-1-63; Ord. No. 91-5-2, § 1, 1-9-91; Ord. No. 00-4-4, § 5, 4-26-00)

Every plot in the T-1 Mobile Home Park District shall be not less than one-hundred fifty (150) feet in width and one (1) acre in area. The required one-hundred fifty (150) foot minimum width need not be measured at a street line if the plot extends to a street by means of a strip at least fifty (50) feet in width.

(Ord. No. 63-5-1, § 15(e), 5-1-63; Ord. No. 00-4-4, § 6, 4-26-00)

It shall be unlawful for any person to park, locate or place or cause to be parked, located or placed, a mobile home or recreational vehicle within the town except in a duly licensed and designated mobile home park.

(Ord. No. 00-4-4, § 7, 4-26-00)

Every mobile home in the T-1 Mobile Home Park District shall be placed on a mobile home lot for such mobile home and its appurtenances having minimum average dimensions of forty (40) feet by sixty (60) feet, and shall contain a minimum of two thousand four hundred (2,400) square feet of land.

(Ord. No. 63-5-1, § 15(g), 5-1-63; Ord. No. 00-4-4, § 8, 4-26-00)

Every recreational vehicle site in an area designated in a mobile home park for occupation by recreational vehicles shall be not less than one thousand (1,000) square feet in area, and not less than thirty (30) feet in average width.

(Ord. No. 00-4-4, § 9, 4-26-00)

No building or structure, or part thereof, located in the T-1 Mobile Home Park District shall be erected or altered to a building height exceeding two (2) stories or thirty (30) feet. Two (2) story mobile homes are prohibited.

(Ord. No. 63-5-1, § 15(f), 5-1-63; Ord. No. 00-4-4, § 10, 4-26-00)

Every plot used for mobile home park purposes in the T-1 Mobile Home Park District shall provide yards as follows:

(1)

Every plot shall have a front yard not less than twenty-five (25) feet in depth, and the minimum depth of a yard on all streets upon which the plot abuts other than front shall be not less than ten (10) feet, except when the plot abuts Hallandale Beach Boulevard, Pembroke Road or Park Road, wherein the minimum depth per yard shall be not less than twenty-five (25) feet.

(2)

Each side of every plot shall have a side yard not less than ten (10) feet in width.

(3)

Every plot shall have a rear yard not less than ten (10) feet in depth.

(4)

No accessory building or structure shall be placed in any required yard space.

(5)

Requirements for plot yards contained in this section do not apply to the placement of recreational vehicles in a mobile home park.

(Ord. No. 63-5-1, § 15(h), 5-1-63; Ord. No. 92-8-1, § 1, 8-12-92; Ord. No. 00-4-4, § 11, 4-26-00)

(a)

No part of any living area within a mobile home or recreational vehicle may be placed, constructed or maintained within ten (10) feet of any other living area of an adjacent mobile home or recreational vehicle.

(b)

No noncombustible accessory structure may be placed, constructed or maintained within three (3) feet of a mobile home, recreational vehicle or accessory structure located on an adjacent mobile home lot or recreational vehicle lot.

(c)

No combustible accessory structure may be placed, constructed or maintained within five (5) feet of a mobile home, recreational vehicle, or accessory structure located on an adjacent mobile home lot or recreational vehicle lot.

(d)

No part of any living area within a mobile home or recreational vehicle shall be located within ten (10) feet of any service building or structure used in connection with the operation or maintenance of a mobile home park.

(e)

No noncombustible accessory structures shall be located within three (3) feet of any service building or structure used in connection with the operation or maintenance of a mobile home park.

(f)

No combustible accessory structure shall be located within five (5) feet of any service building or structure used in connection with the operation or maintenance of a mobile home park.

(Ord. No. 63-5-1, § 15(i), 5-1-63; Ord. No. 00-4-4, § 12, 4-26-00)

Each mobile home site in the T-1 Mobile Home Park District shall abut upon a driveway or obstructed space not less than thirty (30) feet in width, which space shall have unobstructed access to a street. Such driveway or space shall have a hard-surfaced roadway not less than twenty (20) feet in width and shall be adequately lighted.

(Ord. No. 63-5-1, § 15(j), 5-1-63; Ord. No. 00-4-4, § 13, 4-26-00)

All permitted structures of a permanent nature, such as enclosed porches, screened enclosures, and other additions to mobile homes in the T-1 Mobile Home Park District shall conform to all applicable provisions of this section and to the Town Building Code.

(Ord. No. 63-5-1, § 15(k), 5-1-63; Ord. No. 00-4-4, § 14, 4-26-00)

All canvas, portable or demountable roofs, porches or appurtenances, shall be dismantled and stored either within the mobile home or in some permanent building during the following circumstances:

(1)

Within one (1) hour after any hurricane alert issued by the United States Weather Bureau; or

(2)

If the mobile home is not occupied for a period of thirty (30) days or more.

(Ord. No. 00-4-4, § 15, 4-26-00)

Fresh water supply shall be available in the T-1 Mobile Home Park District within one hundred (100) feet of every mobile home lot or recreational vehicle lot.

(Ord. No. 63-5-1, § 15(l), 5-1-63; Ord. No. 00-4-4, § 16, 4-26-00)

(a)

The number of occupants of a mobile home or recreational vehicle, shall be limited to the sleeping accommodations for which the mobile home or recreational vehicle was designated.

(b)

No mobile home or recreational vehicle shall be occupied by persons other than the members of one (1) family.

(Ord. No. 63-5-1, § 15(o), 5-1-63; Ord. No. 00-4-4, § 17, 4-26-00)

(a)

Provisions shall be made for the semi-weekly removal of all garbage, trash and refuse from mobile home parks in the T-1 Mobile Home Park District.

(b)

The owners and/or operators of mobile home parks shall be exempt from the provisions of this Code relating to solid waste franchise requirements and franchise fees for solid waste disposal.

(Ord. No. 63-5-1, § 15(n), 5-1-63; Ord. No. 00-4-4, § 17, 4-26-00)

It shall be unlawful for any person to own, operate or manage in any manner whatsoever, a mobile home park within the Town without having first obtained a license for same from the Town, which license shall be issued by the Town Clerk, subject to the approval of the Commission set forth in this article.

(Ord. No. 00-4-4, § 17, 4-26-00)

All applications for licenses for the operation of mobile home parks within the Town must be first approved by the Town Commission at a regular meeting on the Town Commission or at a meeting duly called for the purpose of acting upon the application. In reviewing the application, the Town Commission shall consider the health, welfare and general well-being of the citizens of the Town as same may be affected by the operation of the mobile home park sought to be licensed. The decision of the Town Commission upon the application considered shall be made a part of the record.

(Ord. No. 00-4-4, § 17, 4-26-00)

The application for licensing of a mobile home park shall contain a legal description of the property to be occupied by the mobile home park, which property shall be located within the T-1 Mobile Home Park District, and no property shall be used in connection with the mobile home park so licensed except upon approval of the Town Commission. The application shall contain a scale drawing of the location of the individual mobile home and/or recreational vehicle sites in the proposed mobile home park, together with the roadways to be located within the mobile home park, and shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00) which shall be deposited with the Clerk-Commissioner in the general revenue fund of the Town. The application shall also be accompanied by a certificate to the Town Commission from the Chief Building Official of the Town stating that he/she has examined the accompanying plat and that it is in conformance with the appropriate Town's Code of Ordinances or set forth any matters in which the mobile home park fails to meet the requirements of applicable ordinances.

(Ord. No. 00-4-4, § 17, 4-26-00)

The sanitary regulations of the State of Florida shall be complied with as to all fixtures installed or maintained on any mobile home, recreational vehicle, or addition thereto located within the T-1 Mobile Home Park District.

(Ord. No. 00-4-4, § 17, 4-26-00)

(a)

Every mobile home or recreational vehicle parked or located on a lot or site in a mobile home park in the Town shall be connected to the Town wastewater system by connection that is water tight and will not leak or permit infiltration of ground water or surface water into the wastewater collection system and has been approved by the Town Building Department.

(b)

It shall be unlawful to own or occupy a mobile home or recreational vehicle in the Town that is not connected to the Town wastewater collection system as provided for in subsection (a) hereof.

(Ord. No. 00-4-4, § 17, 4-26-00)

Editor's note— Ord. No. 2022-017, § 1, adopted Feb. 8, 2023, repealed the former § 28-279 and recodified it as § 26-22. The historical notation has been retained with the amended provisions for reference purposes.

It shall be unlawful for any owner, operator or manager of a mobile home park in the Town to permit a mobile home or recreational vehicle to be located in the mobile home park which such person owns, operates or manages unless such mobile home or recreational vehicle is connected to the Town wastewater collection system as provided in section 28-278.

(Ord. No. 00-4-4, § 17, 4-26-00)

The opening connection or pipe located on a mobile home lot or recreational vehicle lot designated and located for the purpose of connecting a mobile home or recreational vehicle to the Town wastewater collection system shall, whenever such lot is vacant or unoccupied, be capped with a water tight device in a manner approved by the Town Building Department. Such device shall prohibit the leakage or infiltration of any ground water or surface water into the wastewater collection system.

(Ord. No. 00-4-4, § 17, 4-26-00)

It shall be the responsibility and duty of every owner, operator or manager of a mobile home park in the Town to ensure that the connection to the Town wastewater collection system on a vacant or unoccupied mobile home or recreational vehicle lot work space is capped as provided in the preceding section.

(Ord. No. 00-4-4, § 17, 4-26-00)

It shall be unlawful for any owner, operator or manager of a mobile home park in the Town to permit the opening or connection to the Town wastewater collection system on a vacant or unoccupied mobile home lot or recreational vehicle lot to remain uncapped or unsealed as otherwise provided in this article.

(Ord. No. 00-4-4, § 17, 4-26-00)

Any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be abated by the Town as provided by law, and each date that such condition continues to exist shall be regarded as a new and separate offense.

(Ord. No. 00-4-4, § 17, 4-26-00)

(a)

It shall be unlawful to attach any structure, addition or appurtenance to any recreational vehicle located with the Town.

(b)

There shall be no addition or attachment to recreational vehicles located on recreational vehicle lot or nonpermanent mobile home lots except for a demountable canvas awning.

(c)

The provisions of subsection (a) shall not apply to any recreational vehicle when said recreational vehicle is parked or located on a full size mobile home lot in a mobile home park and is tied down in the method required by this Code and Florida Statutes as same applies to mobile homes, and is attached to the water distribution system, wastewater collection system, and electrical distribution system as required for mobile homes under this Code and Florida Statutes.

(Ord. No. 00-4-4, § 17, 4-26-00)

(a)

It shall be unlawful to park, cause to be parked, permit to be parked, locate cause to be located or permit to be located a recreational vehicle that exceeds the width of eight (8) feet or a length of forty (40) feet on a lot designated as a recreational vehicle lot.

(b)

For purposes of this section, the measurement of the width or length of a recreational vehicle shall include any appurtenance attached to any portion of any recreational vehicle, except portable awnings, and shall further include any expanded or pull-out portion of such recreational vehicle.

(Ord. No. 00-4-4, § 17, 4-26-00)

(a)

No more than one (1) recreational vehicle shall be permitted to have permanent or nonpermanent location on one (1) recreational vehicle lot.

(b)

No more than two (2) recreational vehicles shall be permitted to have nonpermanent location on one (1) mobile home lot.

(c)

No more than one (1) recreational vehicle shall be permitted to have permanent location on a mobile home lot.

(Ord. No. 00-4-4, § 17, 4-26-00)

There must be maintained a separation of at least ten (10) feet between all recreational vehicles parked or located within the Town either on permanent or nonpermanent sites.

(Ord. No. 00-4-4, § 17, 4-26-00)

Any recreational vehicle owner desiring to obtain permanent location status may do so by filing an application on forms promulgated by the Town and pay an initial application and inspection fee as established by resolution of the Town Commission.

Every permanently located recreational vehicle will be inspected annually by the Town to verify it is in compliance with the requirements of the Town's Code of Ordinances. The owner of any permanently located recreational vehicle shall pay the Town an annual inspection fee as established by resolution of the Town Commission.

(Ord. No. 00-4-4, § 17, 4-26-00; Ord. No. 04-06-02, § 1, 6-9-04)

Any recreational vehicle granted permanent location status shall be tied down in accordance with the standards applicable to mobile homes for such purposes.

(Ord. No. 00-4-4, § 17, 4-26-00)

Any recreational vehicle in place upon the effective date of this division may qualify for permanent location status regardless of lot size, provided such recreational vehicle conforms to the existing municipal codes, including safety regulations and fire code, is no closer than ten (10) feet to any other recreational vehicle, and if the application for permanent location status is made within one hundred eighty (180) days following the effective date of this division.

(Ord. No. 00-4-4, § 17, 4-26-00)

For the purpose of permanently located recreational vehicles sections 28-285 and 28-285.1 dealing with attachments and structures, additions and appurtenances, and maximum size shall not apply.

(Ord. No. 00-4-4, § 17, 4-26-00)

The permanent location status granted as provided in this Code shall terminate when said recreational vehicle is removed from the lot, or is destroyed or otherwise deemed uninhabitable.

(Ord. No. 00-4-4, § 17, 4-26-00)

The Building Official shall maintain a record of all recreational vehicles granted permanent status location pursuant to the provisions of this Code.

(Ord. No. 00-4-4, § 17, 4-26-00)

All recreational vehicles that are not tied down in the manner and fashion as required for mobile homes shall be removed from the Town upon the issuance of an order to evacuate by the Civil Defense Director of the Town, or his designee, following a declaration of a hurricane watch.

(Ord. No. 00-4-4, § 17, 4-26-00)

Every recreational vehicle parked or located within the Town which has not qualified for permanent location status as hereinabove provided shall be deemed to be on nonpermanent location status.

(Ord. No. 00-4-4, § 17, 4-26-00)

No recreational vehicle parked on a nonpermanent location status shall be permitted to occupy the same site for a period in excess of six (6) months.

(Ord. No. 00-4-4, § 17, 4-26-00)

Any individual, firm, or corporation that shall violate any of the provisions of this division shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00). Each day any violation of any provision of this division shall continue shall constitute a separate offense. The Town may file suit in the circuit court or county court to enforce the provisions of this division through injunctive or other appropriate relief.

(Ord. No. 00-4-4, § 17, 4-26-00)

(a)

A lot, structure, mobile home or recreational vehicle in the T-1 Mobile Home Park District that is nonconforming due to noncompliance with the requirements of this division may remain provided there are no changes to the lot, structure, mobile home or recreational vehicle which increase the degree of nonconformity.

(b)

Nonconforming structures, mobile homes or recreational vehicles which are destroyed by fire or natural disaster, or have no further economic usefulness due to age or condition, may be replaced with a new structure, mobile home or recreational vehicle provided that the replacement structure, mobile home or recreational vehicle does not increase the degree of nonconformity.

(Ord. No. 00-4-4, § 17, 4-26-00)