(a)

Property used for a nonresidential use which abuts residentially zoned property, or property used for residential purposes shall have constructed on the boundary line or lot line of the property being utilized for a nonresidential use a masonry wall or masonry fence of good quality and decorative design which shall effectively screen against direct view of the nonresidential use property. Property used for a nonresidential use which abuts an alley or street which separates the nonresidential use property from residentially zoned property or property used for residential purposes shall have constructed no closer than two (2) feet from the boundary line or lot line of the property being utilized for a nonresidential use a masonry fence of good quality and decorative design which shall effectively screen against direct view of the nonresidential use property. Such wall or fence shall be properly maintained at all times and shall be located as required above other than a front boundary or lot line. Within the two-foot area, landscape material of a design and quantity, as deemed necessary by the Town. including but not limited to trees and shrubbery, shall be required to soften the appearance of the wall. Such wall or fence shall be a minimum of eight (8) feet in height and shall be continuous and un-pierced; except that whenever such nonresidential use property abuts an alley or street there may be an opening on the portion of the wall or fence that abuts an alley or street of not more than six (6) feet in which opening shall be closed by a substantial gate when the opening is not in use. Notwithstanding the above, the Town may grant variations in the placement of the required screening wall and landscaping due to conflicts with easements, utility facilities or other physical features. Such variations, if granted, shall not result in the waiver of such screening, only the placement and design. See Article IV, Division 4, for applicable regulations for fence, wall and hedge heights, placement and design.

(b)

All screening walls set back from lot lines as required hereinabove must have trees, hedges or other landscape materials approved by the Town Planner installed in the setback area concurrently with the installation of the screen wall. Said landscape materials must be planted along the entire outside length of the wall, except at gate locations or as otherwise approved by the Town. Hedges shall have a height of at least fifty (50) percent of the height of the wall and must be installed with branches touching at all times of planting. Landscape materials, other than trees, must be of a type that will grow to a height of at least six (6) feet or greater in height and shall be maintained to hide the screen wall. The location of required landscape materials shall be determined on a case-by-case basis. Landscape materials shall be kept and maintained in a neat and attractive manner. lf the landscape materials deteriorate, new landscape materials matching the existing shall be added.

(Ord. No. 81-4-1, § 1, 4-8-81; Ord. No. 11-12-01, § 2, 12-7-11; Ord. No. 14-06-06, § 1, 6-11-14)

No building permit shall issue for any new construction or remodeling or repairs for any existing structure of any nonresidential structure unless a site plan has been previously submitted and approved reflecting and showing among other items a wall designed in accordance with the provisions of section 28-286 of this division.

(Ord. No. 81-4-1, § 2, 4-8-81)

Cross reference— Buildings and building regulations, Ch. 5; site development plan, § 20-16.

Motor vehicle repairs occurring outdoors are prohibited in residential areas of the Town except for repairs made to the privately owned motor vehicle(s) of the owner/occupant of the property on which the repairs are taking place. All motor vehicle repairs allowed by this subsection must be completed within a 24-hour period. This subsection shall not apply to motor vehicle repairs occurring within a completely enclosed garage.

(Ord. No. 14-06-02, § 1, 6-13-12)

(a)

Permanently maintained off-street parking for vehicles shall be provided in connection with any building or premises used or designed to be used for such purposes as set forth in this section. For the purpose of this division, one (1) automobile parking space shall be a minimum often nine (9) feet by eighteen (18) feet in length, except for spaces utilized for parallel parking. The parallel parking space shall not be less than nine (9) feet in width and twenty-four (24) feet in length, usable for the parking of an automobile. In addition, adequate interior driveways shall be provided so as to connect the parking space with a public street or area More particularly, off-street parking shall comply with the minimum requirements, to wit:

(1)

Dwellings, single-family, duplex and multiple-family: Two (2) parking spaces for each single-family dwelling, four (4) spaces for each two-family dwelling, two (2) parking spaces for each efficiency unit in a multiple-family dwelling, two (2) parking spaces for each one-bedroom unit and two (2) parking spaces for each two-or more bedroom unit in a multiple-family dwelling.

Dwellings, Mobile Homes: A minimum of two (2) parking spaces shall be provided for each mobile home located on a site greater than thirty eight (38) feet in width. A minimum of one (1) parking space shall be provided for each mobile home located on a site thirty eight (38) feet or less in width. At least one (1) parking space shall be located on each mobile home site. Additional parking spaces, when required, may be provided throughout the park to conveniently serve the residents and guests in the park. Nothing herein shall prohibit any Mobile Home Park from establishing more stringent parking requirements.

Recreational Vehicles: One (1) parking space for each Recreational Vehicle (RV) site shall be provided. The parking space can be provided either on the individual RV site or throughout the park to conveniently serve the residents and guests in the park. Nothing herein shall prohibit any RV Park from establishing more stringent parking requirements.

(2)

Hotels, rooming houses, clubs, motels, tourist courts and transient accommodations: At least one (1) parking space for each of the first forty (40) individual guest rooms or suites; two (2) additional parking spaces for every three (3) guest rooms or suites in excess of forty (40). Public meeting rooms in hotels and clubs shall be further controlled by paragraph (3) of this subsection; restaurants located in any of the foregoing and not governed by any of the foregoing shall be controlled by paragraph (7) of this subsection.

(3)

Churches, theaters, general auditoriums, stadiums, recreational establishments and other similar places of assembly: At least one (1) parking space for every six (6) seats provided.

(4)

Hospitals, sanitariums and welfare institutions: One (1) parking space for each two hundred (200) square feet of sleeping room area for patients contained in the building.

(5)

Commercial: One (1) parking space for every three hundred (300) square feet of floor area contained within such building with a minimum of one (1) space for each separate unit or bay contained within such building. In addition, one (1) parking space must be provided for every four (4) persons employed or intended to be employed in such business.

(6)

a.

Restaurants or similar places dispensing food, drink or refreshments: One (1) parking space for each fifty (50) square feet of floor area devoted to patron use within the establishment. In addition, one (1) parking space must be provided for every four (4) persons employed or intended to be employed in such business.

b.

Drive-in restaurants and similar places dispensing food, drink or refreshments to vehicular patrons outside of building: Parking layout shall be subject to the approval of the Building Department.

(7)

Private or public educational, recreational and entertainment use involving the assembling of persons and not governed by any of the preceding provisions shall provide one (1) parking space for every two hundred (200) square feet of area involved in such use.

(8)

Office, professional buildings or similar uses: One (1) parking space for each three hundred (300) square feet of floor area so used with a minimum of two (2) spaces for each office and/or separate use.

(9)

Industrial: One (1) parking space (exclusive of service roads, entrances and exits) shall be provided for each six hundred (600) square feet of the gross floor area in the building, or one (1) parking space for each two (2) employees shall be provided; whichever requires the greater amount of parking spaces. Such parking spaces shall be located not further than one thousand five hundred (1,500) feet from the industrial use in question, and covered by a unity of title; such noncontiguous property must be located either in a business or industrial zone. If a building is divided into two (2) or more units, the parking requirements herein shall apply to each individual unit on an individual basis.

If retail sales are conducted in connection with such industrial use, additional off-street parking will be provided as applies to the commercial uses; the portion of the structure allocated for retail sales shall be used as a basis for determining the additional off-street parking to be provided.

As a prerequisite to the issuance of a building permit for the erection of a new structure, or for an addition to an existing structure used for industrial purposes, or for the issuance of a certificate of use or occupancy for the conversion of the use of, or change of zoning on, an existing industrial structure, an affidavit must be executed by the owner and/or tenant, which shall include the information hereinafter listed:

a.

Number of company and/or other vehicles used in the business;

b.

Number of employees when use is in full operation and structure is fully occupied;

c.

How the industrial use will be serviced and supplied (that is, railroad, truck, other); if by truck or similar vehicles, the estimated number per day and the type and size of same;

d.

If any retail sales are to be conducted, the floor area to be devoted to such sales;

e.

The number of tenants, lessees or separate occupants of such industrial building. In addition, such affidavit will include a statement to the effect that the owner, tenant and/or lessee understand that the off-street parking as required in accordance with the applicable regulations has been determined on the basis of information submitted in such affidavit and that the issuance of a certificate of use and occupancy for a change or conversion of use will be dependent upon any additional off-street parking being provided, as may be required by the proposed new use.

Off-street loading facilities, of a minimum size of ten (10) by twenty-five (25) feet at each loading and unloading door, must be provided for all industrial uses, such facility and area required for the activity to be of such size and properly located to serve the industrial uses concerned. The facility shall not conflict in any manner with the off-street parking facilities or the traffic on the adjacent public right-of-ways.

(10)

Adult entertainment establishments: Adult motion picture theaters: at least one (1) parking space for every four (4) seats provided in the theater; leisure spa establishments and adult bookstores: one (1) parking space for every three hundred (300) square feet or floor area in such building with a minimum of one (1) space for each separate unit or bay contained within such building. In addition, one (1) parking space must be provided for every four (4) persons employed or intended to be employed in such business; adult dancing establishments: one (1) parking space for each fifty (50) square feet of floor area devoted to patron use within the establishment. In addition, one (1) parking space must be provided for every four (4) persons employed or intended to be employed in such business; adult motels: at least one (1) parking space for each individual guest room or suite plus one (1) parking space for each employee on the largest shift of employees.

(11)

Pain clinic: One (1) parking space for each two hundred (200) square feet for doctors offices, examination rooms and support staff areas, plus one (1) parking space for every ten (10) feet of waiting areas.

At the time a business tax receipt is initially issued by the Town and on the annual anniversary of the business tax receipt, the operator of the pain clinic shall provide a written statement verifying the current number of employees and outpatient consulting rooms, and any changes from previous reporting periods. Sufficient parking spaces shall be provided at all times for the required number of parking spaces.

In no event will the parking required for a pain clinic be less than the requirement of the underlying zoning classification or use of the overall property in which the pain clinic is located.

(b)

The application for a building permit and/or certificate of use and occupancy for a conversion of use shall contain a detailed plot use plan, including a floor plan, showing full compliance with the regulations.

(Ord. No. 73-8-2, § 1, 8-1-73; Ord. No. 00-4-5, § 5, 4-26-00; Ord. No. 11-05-01, § 8, 5-11-11; Ord. No. 13-12-02, § 1, 12-11-13; Ord. No. 2022-015, § 1, 11-12-22)

The area zoned B1-A Adult Entertainment Overlay District is described in the attached Exhibit A [of Ordinance No. 00-4-5], which exhibit is made a part hereof by reference.

(Ord. No. 00-4-5, § 6, 4-26-00)

Editor's note— Ord. No. 00-4-5, § 6, adopted April 26, 2000, added provisions to the Code as § 28-302. As other provisions already existed as § 28-302, the provisions of Ord. No. 00-4-5 have been redesignated as § 28-301.1 at the editor's discretion.

(a)

Notwithstanding the off-street parking requirements provided in this section 28-301 and other Code provisions, a parking reduction may be approved in accordance with the provisions of this section.

(b)

Application. An application to approve a parking reduction shall be submitted to the Town and approved as provided herein. The application shall include the information required for a site development plan application as provided in sectiopn 20-17, and shall in addition include the following:

(1)

An eight and one-half (8½) inch by eleven (11) inch general vicinity map scale of not less than one (1) inch equals five hundred (500) feet, identifying the parcel proposed for the parking reduction and, if at a different location, the parcel that the parking will serve and all lots located within a one hundred (100) foot radius of the parcel which will be used for parking. The map shall identify existing zoning and residential uses within the one hundred (100) foot area.

(2)

A site plan at a scale of not less than one (1) inch equals forty (40) feet showing the parcel that the parking facilities are intended to serve and if parking is off-site, the parcel which will be used for parking; all existing and proposed improvements on the parcels including buildings, landscaped and paved areas; and an ingress and egress plan showing all walkways and drives that will be used for pedestrian and vehicular access in the development.

(3)

Identification of one or more of the criteria provided in this section, which the applicant submits as the basis for a parking reduction.

(4)

A parking study which documents and supports the criteria submitted by the applicant for a parking reduction. The study shall be certified by a state licensed traffic engineer or other qualified person as determined by the Town Planner and shall document the existence of certain facts related to the projected use of the parking facility and its relationship to surrounding rights-of-way and properties. The methodology for conduction the study shall be submitted for review and approval by the Town and shall include, but not limited to the week and day the study will be conducted, the number of days and duration of the study, and the time intervals and locations for data collection.

(5)

The application may be forwarded for review by an independent licensed professional engineer contracted by the Town to determine whether the parking study supports the basis for the parking reduction request. The cost of review by the Town's consultant shall be reimbursed to the Town by the applicant.

(c)

Review Process. The application shall be reviewed in accordance with the review process applicable to a site development plan, as provided in section 20-18.

(d)

Criteria. An applicant must show that the request meets the following criteria and the Town Commission shall consider the application for parking reduction based on the criteria provided as follows:

(1)

Concurrency requirements, as provided in chapters 13.5 and 20; and

(2)

The use, site, structure or any combination of same, evidences characteristics which support a determination that the need for parking for the development is less than that required by the Zoning Code for similar uses; or

(3)

If the application is based on two (2) or more different users sharing the same parking spaces at different hours, that the peak hour(s) for each use will be at different hours; or

(4)

If the application is based on two (2) or more different users sharing the same parking spaces at the same time because one use derives a portion of its customers as walk-in traffic from the other use, that the two (2) or more uses will share the same users; or

(5)

Restrictions will be placed on the use of the property or actions will be taken such as providing company vans for car pooling of employees and patrons, or consistent use of mass transit will reduce the need for required parking and there are sufficient safeguards to ensure the restrictions, action, or both, will take place; or

(6)

Any combination of subsections 5. (a) through (e); and

(7)

In addition to the criteria provided above, that any alternative parking arrangement proposed will be adequate to meet the needs of the use the parking will serve and that reducing the required parking will be compatible with and not adversely impact the character and integrity of surrounding properties.

(e)

Additional conditions. Conditions may be required on the site where the parking facility is to be located and the site which the parking facility is intended to serve, if such conditions are necessary to preserve the character and integrity of the neighborhood affected by the proposed reduction and mitigate any adverse impacts which arise in connection with the approval of a parking reduction.

(f)

Parking reduction order. If an application for parking reduction is approved, such approval shall be evidenced in an order executed by the Town and a consent to order executed by the applicant. The order shall state the number of parking spaces required to be provided, a legal description of the property where the parking is to be provided and the property served by the parking area and the conditions upon which the parking reduction is approved. The parking reduction order shall only take effect upon the recordation of the order in the public records of Broward County, Florida at the expense of the applicant and filed with the Town by applicant.

(g)

Restrictive covenant. The parking reduction order shall act as a restrictive covenant running with the land and be binding on any successors in interest or assigns of the property owner.

(h)

Amended order. If there is a failure of any condition contained in the parking reduction order, the owner of the property or agent shall:

(1)

Apply for an amended parking reduction order. The application shall show that although the condition has failed, it does not adversely impact the character and integrity of surrounding properties or that additional conditions will be substituted for any failed condition. The Town may require a new parking study as provided in subsection 3(d) to support the application.

(2)

When final, the amended order shall be prepared for execution and recording in the public records of Broward County, Florida at applicant's expense by the applicant.

(3)

If the Town determines that failure of the condition adversely impacts the character and integrity of surrounding properties, the owner will be required to comply with the condition or obtain a new parking reduction order in accordance with this section. Failure of a condition of a parking reduction order without approval of an amended or new parking reduction order as provided herein shall be a violation of the Zoning Code.

(i)

Off-Site parking agreement. If a parking reduction application includes the use of an off-site parcel owned by other than the applicant for parking or purposes related to parking, an off-site parking agreement will be required.

(j)

Termination. A parking reduction order may be terminated by application of the owner of the property affected by the order to the Town if it is shown that parking has been provided which meets the requirements of section 28-301 and the use no longer needs a parking reduction. A termination of the parking reduction order shall be executed by the Town and recorded in the public records of Broward County, Florida at the applicant's expense. A copy of the recorded order shall be filed with the Town by applicant.

(k)

Appeal. If a parking reduction application is denied or approved with conditions unacceptable to the applicant, the applicant may appeal to the circuit court, provided the appeal shall be filed within thirty (30) days from the date of the decision.

(Ord. No. 03-04-01, § 4, 4-8-03)

Applications for building or use permits shall indicate the area to be used for parking and permits shall be issued stating that such area shall be so reserved and developed. Recordable restrictions so reserving such area may be required at the discretion of the Town Commission. Such area reserved for parking area will be marked on the zoning maps and no permits for additional use of such area shall be issued. Area reserved for parking in connection with any use shall be under the same ownership as that of the use itself.

(Ord. No. 73-8-2, § 2, 8-1-73)

Any activity combining two (2) or more uses indicated in the foregoing schedule shall provide parking space required by all such uses, except in those cases where the proposed project complies with existing off-street parking ordinances.

(Ord. No. 73-8-2, § 3, 8-1-73)

The area reserved for off-street parking shall be hard-surfaced. Where the parking area is hard-surfaced the same shall consist of a good rolled rock base, well tamped, and topped with asphaltic concrete in accordance with the paving specifications of the Town. Occupancy of a given structure or premises shall be prohibited until the required parking area has been improved, inspected and approved.

(Ord. No. 73-8-2, § 4, 8-1-73)

(a)

Uses listed in section 28-301(3) are permitted to provide up to sixty-five (65) percent of the required off-street parking spaces (not including driveways) within stabilized grass or lawn areas as an alternative parking surface to hard-surfaced parking areas in accordance with the specifications of the Town. Additionally, Town may grant a request to provide more than sixty-five (65) percent of the required parking spaces within stabilized grass or lawn areas upon the approval of a Special Exception petition in accordance with the provisions of sections 28-83 through 28-85.1.

(b)

Property owners approved for utilizing stabilized grass parking are required to maintain the grass parking areas in a healthy and viable living condition. If repeated damage or lack of maintenance occurs to any stabilized grass parking area, Town reserves the right to notify the property owner and require the pavement of all or portions of the aforementioned stabilized grass parking area.

(c)

All remaining design provisions and requirements for parking lots as set forth elsewhere in the Town's Code of Ordinances which do not conflict with this section shall remain in full force and effect.

(Ord. No. 09-11-01, § 1, 11-4-09)

Off-street parking spaces shall not be located in a required front yard except as follows:

(a)

In any single-family, two-family or T-1 Mobile Home Park District, off-street parking may be located in a required front yard.

(b)

In the multiple-family and business districts, required off-street parking spaces may be located in a required front yard provided the spaces are so arranged as to preclude backing out on the traveled way of a public street, and meet the provisions contained in the parking design standard on file in the Building Department.

(c)

In any district where a parking structure is permitted to project into a required front yard, off-street parking spaces within the structure may be located in a required front-yard.

(d)

Driveway space for access to parking area or drive-in service facilities may be located in a required front yard.

(e)

In any district, forty (40) percent of the front setback area may be used for off-street parking if a thirty-foot setback is provided and access to the public right of-way is from controlled exits and entrances.

(Ord. No. 73-8-2, § 5, 8-1-73; Ord. No. 13-12-02, § 2, 12-11-13)

(a)

Off-street parking areas shall be located on the same lot, parcel or premises as the use to be served or on a parcel of land within one hundred (100) feet of the use to be served by demonstrating that a legal, safe pedestrian travel distance will exist, and provided there is a unity of title or other acceptable written agreement between the parcel being served on the parcel on which such off-street parking is located or as otherwise approved by the Town Commission on a case-by-case basis pursuant to the provisions hereinafter.

(b)

Where the required parking spaces are not located on the same plot with the building or use served, a unity of title, restrictive covenant, lease agreement, license, or other acceptable arrangement, in a form acceptable to the Town Attorney, shall be provided for the purpose of insuring that the required parking is provided. Any such arrangement for off-site parking must be approved by the Town Commission. The Town must be named as a third party beneficiary to any such agreement. The unity of title or other legal agreement shall be executed by the owner(s) of the properties concerned, recorded in the public records of Broward County, shall run with the land, and shall be filed concurrently with an application for any building permit which requires additional off-street parking for the property. As related to the use of railroad properties within the Town, the Town Commission may allow alternative arrangements to insure parking spaces will be available for use, because generally a unity of title would not be possible, the recording of a document affecting the rail road property may not be possible and the railroad can terminate parking agreements at will. As a condition of the Town's approval of any parking agreement, a pre-arranged alternative off-street parking plan shall be submitted with the building permit application to ensure that sufficient parking will be provided if the off-site parking is terminated.

(c)

No off-street parking facilities for a nonresidential use shall be located on a residentially zoned parcel of land.

(d)

Any such approved off-site parking shall be paved, marked and landscaped in accordance with appropriate Town requirements.

(e)

If such off-site parking arrangement that is providing required parking spaces is breached, modified, terminated, or otherwise altered that results in a reduction in the number of parking spaces or change of the off-site parking, the affected property owner(s) shall notify the Town of the reduction or change within fifteen (15) days in writing, and actions shall be taken to arrange for the required off-street parking that was lost to be provided in an alternative method, which may include immediately vacating or ceasing the use of the premises or portions of the premises, until such time as sufficient for the required amount of replacement off-street parking can be provided. Any amendment to the previously approved parking plan, either temporary or permanent, must be approved in advance by the Town Planner in writing.

(Ord. No. 73-8-2, § 6, 8-1-73; Ord. No. 15-04-03, § 1, 4-8-15)

(a)

In all zoning districts other than single-family and T-1 Mobile Home Park District, the parking area shall be marked, either by painted lines, precast curbs, or in a similar fashion, indicating the individual parking spaces or stalls. The striping and designation of each parking space as required herein shall not be required in stabilized grass areas permitted in section 28-304.1.

(b)

Parking spaces may be provided in tandem, side-by-side or separately in the R-5 Residential District and T-1 Mobile Home Park District.

(Ord. No. 73-8-2, § 7, 8-1-73; Ord. No. 09-11-01, § 2, 11-4-09; Ord. No. 13-12-02, § 3, 12-11-13)

Specifically, and without limitation on the foregoing and with respect to the computation of proper parking spaces for multiple-family apartment units, it is hereby ordained that a parking space shall not be recognized as a proper parking space, in computing the availability of the minimum space required by other ordinances, if such parking space is so designed or located that an operator of a motor vehicle cannot reasonably gain access to a public street from the parking space, by operating the vehicle in a forward gear only. However, with respect to living units that constitute either single-family dwellings, duplex apartment buildings, or in the T-1 Mobile Home Park District, a parking space shall be deemed to be proper parking space even though it is necessary to back into a public street from the parking space in order to gain access to the public street.

(Ord. No. 73-8-2, § 7(a), 8-1-73; Ord. No. 13-12-02, § 4, 12-11-13)

Off-street parking facilities shall be drained to prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable Town specifications. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials or supplies.

(Ord. No. 73-8-2, § 7(b), 8-1-73)

A landscape plan shall be submitted to the Town with the off-street plans for any structure other than single-family and duplex for the approval of the Building Department.

(Ord. No. 73-8-2, § 7(c), 8-1-73)

Location and design of entrances and exits shall be based upon reasonable requirements for safety traffic regulations and standards. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. All egress and ingress to off-street parking areas shall be so designed as to prohibit backing out of vehicles into public right-of-ways, except as provided for in section 28-308. This shall not be construed to prevent backing out into an alley.

(Ord. No. 73-8-2, § 7(d), 8-1-73)

Prior to the issuance of any building permits for any building or structure subject to this division or for structurally altering or converting any existing building or structure or for paving, grading, leveling or other permits, a suitable plan shall be submitted to the Building Official indicating the landscaping as well as the parking layout, proposed drainage on the premises, proposed lighting on the premises and all driveways extending beyond the property line into the public right-of-way. The landscaping plan shall be approved by an architect or landscape architect. The landscape plan for the parking area shall meet with the approval of the Chief Building Official who shall review the proposed parking area and its landscaping to ascertain that the plan will promote and facilitate the objectives of this division. Any deviation from the plan approved by the Building Official shall constitute a violation of this division. Plans shall be drawn to an accurate scale, and shall show the layout of the lot entrances and exits, drainage, provisions, lighting provisions, surfacing curb barriers and location and type of landscaping.

(Ord. No. 73-8-2, § 7(e), 8-1-73)

Cross reference— Buildings and building regulations, Ch. 5; landscaping, § 27-16.

Watercraft (all types of boats), watercraft trailers and golf carts may be parked or stored in residential areas of the Town provided they comply with the requirements of this Section.

(a)

All watercraft, watercraft trailers and golf carts must be parked or stored without encroaching upon adjacent property.

(b)

All watercraft, watercraft trailers and golf cans must display a current state issued license plate or registration, as applicable.

(c)

All watercraft, watercraft trailers and golf carts shall be maintained in good operating condition and appearance with no flat tires on trailers or tattering or discoloration of covers.

(d)

All watercraft, watercraft trailers and golf carts located within the Town must be securely tied down in a manner satisfactory to the Town Building Official within 48 hours of the National Hurricane Service issuing a tropical storm watch, tropical storm warning, hurricane watch or hurricane warning for South Florida.

(e)

Reserved.

(f)

The owner of any watercraft, watercraft trailer or golf cart and the owner of the real property where said watercraft, watercraft trailer or golf cart is parked or stored who fails to securely tie down a watercraft, watercraft trailer or golf cart which it owns or is parked or stored on real property which it owns within 48 hours of the National Hurricane Service issuing a tropical storm watch, tropical storm warning, hurricane watch or hurricane warning for South Florida shall be in violation of the Town Code of Ordinances, and shall be subject to the provisions of Chapter 7 of the Code of Ordinances.

(Ord. No. 13-03-01, § 1, 2-13-13)

Special circumstances exist in the T-1 Mobile Home Park District whereby a majority of the Mobile Home/RV Parks were established prior to the Town adopting the off-street parking regulations, and due to the diversity of the Mobile Home/RV Parks in the Town, site design layouts or physical constraints, some off-street parking provisions cannot be met. Therefore, the following nonconforming regulations are hereby adopted to protect older development. Mobile Home/RV parks with nonconforming sites are encouraged to upgrade off-street parking facilities as opportunities arise.

(a)

Any existing parking arrangements in the T-1 Mobile Home Park District, including the quantity, size, or location of parking spaces, that is nonconforming due to noncompliance with the current requirements of this division may remain, provided there are no changes to the off-street or on-street parking which increases the degree of nonconformity.

(b)

Nonconforming off-street or on-street parking arrangements, including the quantity, size, and location of parking spaces which are destroyed by fire or natural disaster or have no further economic usefulness due to age or condition, may be repaired or replaced with new off-street or on-street parking facilities, provided that the repair or replacement does not increase the degree of nonconformity.

(Ord. No. 13-12-02, § 5, 12-11-13)

Editor's note— Ord. No. 13-12-02, § 5, adopted December 11, 2013, set out provisions to the Code to be included as § 28-313. Inasmuch as § 28-313 already existed, at the editor's discretion, said provisions have been included as § 28-314.

(a)

Pembroke Road and Park Road, main arterial thoroughfares of the Town, are hereby designated and determined to have a greater width than fifty (50) feet and no building or structure shall be erected or located upon any property abutting such roads closer to the center line of the roads as follows, to wit:

(1)

No building or structure shall be erected or located upon any property abutting Pembroke Road within fifty-three (53) feet of the center line of the road.

(2)

No building or structure shall be erected or located upon any property abutting Park Road within fifty (50) feet of the center line of the road.

(b)

The dedicated portion and the used portion of such roads, if any, shall constitute a portion of the road right-of-way.

(c)

In determining the setback requirements for any building proposed to be erected, the setback requirements provided for in subsection (a) of this section shall be construed as a minimum setback and shall not be construed as repealing or superseding any existing setback requirements or zoning regulations of the Town, except where such existing setback requirements are less than those provided herein, in which case they are specifically repealed by this section. If under the existing or future zoning regulations of the Town a greater setback for a building than that setback in subsection (a) of this section is required, then such greater setback requirements shall be enforced.

(d)

The Building Official is hereby designated and authorized to enforce this section.

(Ord. No. 65-11-1, §§ 1—4, 11-3-65; Ord. No. 67-6-4, § 1, 6-7-67)

(a)

The setback for zoning districts located in M-1 Industrial and B-1 Business shall be not less than ten (10) feet on all sides measured from building to boundary line of the lot on which the building is situated.

(b)

If any zoning district located in M-1 Industrial and B-1 Business adjoins or abuts a lot zoned R-1 Residential, TH-16 Townhouse, T-1 Trailer Park, CH-1 Community Housing, or S-1 Civic and Recreational Districts, then the setback requirement for said lot located in the zoning district M-1 Industrial or B-1 Business abutting or adjoining R-1 Residential, TH-16 Townhouse, T-1 Trailer Park, CH-1 Community Housing, or S-1 Civic and Recreational Districts shall be the greater setback requirement provided under subsection (a) herein, or the setback requirement provided for in the zoning district located in R-1 Residential, TH-16 Townhouse, T-1 Trailer Park, CH-1 Community, or S-1 Civic and Recreational Districts.

(c)

In determining the setback requirement for any building proposed to be erected, the setback requirement provided for herein shall be construed as a minimum setback requirement.

(d)

The Building Official is hereby designated and authorized to enforce this section.

(Ord. No. 89-8-3, §§ 2—5, 8-9-89)

Editor's note— Ord. No. 89-8-3, §§ 2—5, adopted Aug. 9, 1989, concerning setbacks in M-1 and B-1 districts, purported to amend §§ 28-326—28-340. For purposes of classification, such provisions have been designated herein as § 28-327.

The installation of any fence or wall shall require the application and receipt of a permit from the Town authorizing said installation prior to its installation. No permit is required for a hedge, but the placement and height of a hedge must comply with the criteria stated herein. These regulations are in addition to any requirements within individual zoning districts, or as related to screening, incompatible land uses or parking lots set forth in section 28-286. The more stringent requirements shall apply in the case of any conflict between the requirements. The design, height and location of any fence, wall or hedge shall comply, at a minimum, with the standards set forth in this division.

(Ord. No. 11-12-01, § 3, 12-7-11)

(a)

Single-family and two-family developments. Fences, walls and/or hedges may be erected or maintained along any plot line or within the required yard setbacks, except the front yard setback area, to a total height not exceeding fourteen (14) feet above the finished grade of the plot, except as follows:

(1)

On a lot line, not at a corner, where a residential plot abuts non-residential zoned or used property, such fence, wall or hedge may be erected to a total height not exceeding fourteen (14) feet.

(2)

No fences, walls, hedges or other obstructions shall be erected or maintained on a corner lot to a height exceeding thirty (30) inches above the crown of the adjoining roadway within twenty-five (25) feet of the intersection of the front and side street property lines (sight triangle). Open fences of the chain-link type which do not impair vision for purposes of traffic safety may be erected to a height not exceeding six (6) feet at the corner.

(3)

The front yard setback area is defined as the area between the front wall of any building or structure and the imaginary extension of a line to any side yard or street side yard lot line.

(4)

Fences, walls or hedges placed along a street line (front or side street) shall not exceed eight (8) feet in total height.

(b)

Mobile home park/recreational vehicle (RV) park developments. Fences, walls and/or hedges may be erected or maintained along any plot line or within the required yard setbacks, except the front yard setback area, to a total height not exceeding fourteen (14) feet above the finished grade of the plot, except as follows:

(1)

No fences, walls, hedges or other obstructions shall be erected or maintained on a corner lot to a height exceeding thirty (30) inches above the crown of the adjoining roadway within twenty-five (25) feet of the intersection of the front and side street property lines (sight triangle). Open fences of the chain-link type which do not impair vision for purposes of traffic safety may be erected to a height not exceeding six (6) feet at the corner.

(2)

Within the interior of a mobile home or RV development fences, walls or hedges provided around recreational facilities (swimming pools, tot lots, etc.) shall not be less than forty-four (44) inches in height.

(3)

Fences, walls or hedges placed along a street line shall not exceed twelve (12) feet in total height.

(c)

Multi-family developments. Fences, walls and/or hedges may be erected or maintained along any plot line or within the required yard setbacks to a total height not exceeding eight (8) feet above the finished grade of the plot, except as follows:

(1)

On a lot line, not at a corner, where a residential plot abuts non-residential zoned or used property, such fence, wall or hedge may be erected to a total height not exceeding twelve (12) feet.

(2)

No fences, walls, hedges or other obstructions shall be erected or maintained on a corner lot to a height exceeding thirty (30) inches above the crown of the adjoining roadway within twenty-five (25) feet of the intersection of the front and side street property lines (sight triangle). Open fences of the chain-link type which do not impair vision for purposes of traffic safety may be erected to a height not exceeding six (6) feet at the corner.

(3)

Within the interior of a multi-family development fences, walls or hedges provided around recreational facilities (swimming pools, tot lots, etc.) shall not be less than forty-four (44) inches in height.

(4)

Fences, walls or hedges placed along a street line (front or side street) shall not exceed ten (10) feet in total height.

(d)

General provisions for all residential developments.

(1)

Stranded wire or barbed wire-topped fences or walls may be erected, or maintained for security purposes around perimeter lot lines, including roadways, except for Hallandale Beach Boulevard and Pembroke Road.

(2)

No electrified or razor wire-topped fences or walls, or fences or walls with broken glass or other hazardous materials imbedded into or attached thereto may be erected, or maintained within a residential area of the Town. Notwithstanding the above provision, razor-topped fences or walls may be approved by the Town Commission as a special exception following a public meeting upon request, after first receiving a recommendation from the Planning and Zoning Board.

(3)

No interior fences or walls shall be permitted around individual mobile home/RV sites, or for individual dwelling units within multi-family developments unless specifically approved in writing by the land owner, their authorized agent, management company or applicable legal association (including but not limited to cooperative, condominium, townhouse association, etc), and the Town's Building Official and Fire Department. No stranded wire, barbed wire, razor wire, electrified fences or other hazardous fences shall be allowed within the interior of a community, except for storage areas.

(Ord. No. 11-12-01, § 4, 12-7-11)

Fences, walls and hedges may be erected and maintained within the setback areas to a maximum total height of ten (10) feet. Open-weave or chain-link fences may only be used if appropriate landscape material is planted along such fence, which, after planting, will obscure the fence and provide a translucent barrier within one (1) year after planting, or slats. Within twenty-five (25) feet of the intersection of two (2) streets or within fifteen (15) feet of the intersection of a private accessway/driveway and a street no solid fencing or walls may be erected or maintained which exceeds thirty (30) inches in height. Barbed wire or stranded wire fences are permitted. The use of electrified fencing or razor-topped fences or walls may be approved by the Town Commission as a special exception following a public meeting upon request, after first receiving a recommendation from the Planning and Zoning Board.

(Ord. No. 11-12-01, § 5, 12-7-11)

Fences, walls and hedges may be erected or planted and maintained within a required buffer to a maximum total height of ten (10) feet. Open-weave or chain-link type fences may only be used within a required buffer if appropriate landscape material is planted along such fence which, after planting, will obscure the fence and provide a translucent barrier within one (1) year after planting or slats. Within twenty-five (25) feet of the intersection of two (2) streets, or within fifteen (15) feet of the intersection of a private accessway/driveway and a street, no solid fencing or walls may be erected or maintained which exceeds thirty (30) inches in height. Barbed wire or stranded wire fences are permitted. The use of electrified fencing or razor-topped fences or walls may be approved by the Town Commission as a special exception following a public meeting upon request, after first receiving a recommendation from the Planning and Zoning Board.

(Ord. No. 11-12-01, § 6, 12-7-11)

Fences, walls and hedges may be erected or planted and maintained within a required buffer to a maximum total height of ten (10) feet. Within twenty-five (25) feet of the intersection of two (2) streets, or within fifteen (15) feet of the intersection of a private accessway/driveway and a street, no solid fencing or walls may be erected or maintained which exceeds thirty (30) inches in height. Barbed wire or stranded wire fences are permitted. The use of razor-topped fences or walls may be approved by the Town Commission as a special exception following a public meeting upon request, after first receiving a recommendation from the Planning and Zoning Board.

(Ord. No. 11-12-01, § 7, 12-7-11)

(a)

Chain-link fencing installed along Hallandale Beach Boulevard or Pembroke Road will require supplemental landscaping to screen at least the lower three (3) feet of the fence.

(b)

Stucco walls must be finished and painted on both sides of the wall (facing interior lot as well as any adjoining lot, street or waterway).

(c)

The finished side of a wood fence shall face the street or any adjoining property with any exposed structural columns facing the interior of the lot.

(Ord. No. 11-12-01, § 8, 12-7-11)

(a)

All temporary fences used at a construction site for the purpose of security or protection, may, at the discretion of the Building Official, be exempt from the provisions of this section provided the fence does not obstruct the vision of motor vehicles operators or create other hazards to public safety.

(b)

Noise abatement walls or fences constructed adjoining I-95 or a railroad corridor are exempt from the provisions section provided they do not obstruct the vision of motor vehicles operators or create other hazards to public safety.

(Ord. No. 11-12-01, § 9, 12-7-11)

Nothing herein shall require a property owner or tenant to remove or modify a fence, wall or hedge that existed prior to the adoption of this section, for which a valid building permit or other Town approval was issued. All such pre-existing fences, walls or hedges may be repaired or replaced as originally constructed, unless the Building Official determines that a hazard would exist or the pre-existing fence or wall is structurally unsound, in which case the fence, wall or hedge must be improved or modified to meet current Code requirements.

(Ord. No. 11-12-01, § 10, 12-7-11)

Notwithstanding the provisions set forth herein, variations to any of the regulations may be requested and may be approved by special exception of the Town Commission at a public meeting, after first receiving a recommendation from the Planning and Zoning Board. Such requests shall be in writing and include a justification statement setting forth the hardship to vary from the normal design standards, and detailed professionally drawn plans illustrating the intended alternative design. Such variation requests shall not be deemed a zoning variance. A fee of one hundred dollars ($100.00) shall be required to defray the Town's staff review and handling time. The Town's approval of a variation shall not be deemed to set any precedent, and each variation will be judged on a case-by-case basis.

(Ord. No. 11-12-01, § 11, 12-7-11)

(a)

All structures within residential zoning districts, except as provided for herein, shall be set back a minimum of ten (10) feet from either the mean high water line or the mean annual flood line of any water body.

(b)

Docks, seawalls and connecting walkways are permitted within the aforementioned ten-foot setback area as follows.

(1)

No dock, walkway or stairs connecting landward of a water body shall encroach into the existing bank more than five (5) feet from the mean high water line, or the line of the mean annual flood line.

(2)

A maximum five foot wide walkway is permitted at ground level within the ten-foot setback.

(3)

No dock shall encroach into a water body by more than ten (10) feet from the mean high water line or the mean annual flood line.

(4)

An unobstructed minimum five (5) feet wide lake maintenance/cross access area shall be provided at all times along waterfront properties for lake maintenance and access.

(5)

The Building Official, or his or her designee, shall determine the natural mean high water line or mean annual flood line.

(6)

The width of any dock shall be a maximum of twenty (20) feet.

(7)

No structures shall be built on or attached to any dock, except handrails and lighting.

(8)

All docks shall be separated from any other adjoining docks by a minimum of five (5) feet.

(9)

Seawalls may not encroach into a water body beyond the mean annul flood line.

(10)

Seawalls, walkways and docks may not be built to an elevation above the natural top of bank of the adjoining upland site.

(Ord. No. 13-12-01, § 1, 12-11-13)