The regulations set forth in this Article qualify or supplement the district regulations.

(A)

Except as provided under Subsection (B), under the power and right to zone areas in which the sale of alcoholic beverages is prohibited or permitted within the City limits, it is hereby established that the sale of alcoholic beverages for consumption on or off the premises under authority of a state license issued under the provisions of F.S. §§ 563.02(1)(b), 564.02(1)(b), and 565.02(1)(a) and (b), as may be amended from time to time, is prohibited in any place of business located within prescribed distances from the specified uses, as follows:

(1)

Distances between establishments. Sale of alcoholic beverages is prohibited within one thousand (1,000) feet of another place of business in which there is already in existence a retail vendor's license to sell alcoholic beverages for consumption on or off the premises, under authority of a license issued under the provisions of F.S. § 565.02(1)(a) and (b), such distance to be measured using the shortest airline distance between main normal public entrances; nor shall a new place of business for the sale of alcoholic beverages for consumption on or off the premises, under authority of license issued under the above-stated paragraphs of the Florida Statutes, be permitted at such location during the period in which a valid existing state license is renewable at such location; nor shall an existing state license be permitted to be transferred from location to location so as to violate such area zoning distances between places selling alcohol; provided, however, that the owners and holders of any such licenses, either originally or by transfer, at the time of the passage of the act of the Legislature of Florida repealing the power of municipalities to issue such licenses, who have obtained state licenses to operate such businesses at the same locations, shall have a vested right to use such state licenses at such locations within the prohibited distance, but may not move such state license to a new location in violation of this Section.

(2)

Distances of establishments from place of worship or school. Sale of alcoholic beverages is prohibited in any place of business located within one thousand (1,000) feet from any established place of worship, or public or private school, other than a pre-kindergarten school, nursery school or day care center, or adult education center, measured using the shortest airline distance between the main normal public entrance of the alcoholic beverage establishment and the place of worship or school property used as part of such. Whenever such a state license has been lawfully procured and thereafter a church or school is established within a distance otherwise prohibited by this Section, the establishment of such church or school shall not be cause for the revocation of the state license or prevent the subsequent renewal of same.

(B)

Exceptions. Certain special zoning districts within the City may provide exceptions from the requirements of this Section. Additionally, distance separation requirements shall not apply to establishments that serve alcoholic beverages incidental to the main use and activity, with no indications on the exterior of the building in which the establishment is located, that alcoholic beverages may be served therein, as follows:

(1)

Hotel and restaurant bars with special alcoholic beverage licenses, located within the hotel and having no direct outside entrance to the establishment;

(2)

Private clubs where only members and their guests are served; and

(3)

Restaurants meeting the following requirements:

(a)

Has a roofed-in area for dining tables, chairs and/or booths seating not fewer than fifty-five (55) seated patrons where complete meals are regularly served, where such seating area for dining comprises at least fifty (50) percent of the customer service area of the establishment; and

(b)

Any bar and associated seating area comprise no more than twenty-five (25) percent of the customer service area; and,

(c)

There is no advertising or indication on the outside of the restaurant building or on the premises that alcoholic beverages are available inside; and

(d)

That at least fifty (50) percent of revenues result from food sales.

No use, activity, structure, material or substance shall be allowed in any zoning district that is, in any way, offensive or noxious to users, occupants of adjacent property, or passersby, by reason of heat, glare, the emission of odors, gases, dust, smoke or other particulate matter, vibration, toxic or noxious materials, radiation, noise (including, but not limited to, the crowing of cocks, barking of dogs or any noises or odors emanating from any animal, fish or fowl), nor shall anything be located, constructed or maintained that would in any way constitute any eyesore or nuisance to adjacent property owners or residents of the community. Section 050-040 of these regulations provides performance standards for prevention of nuisances.

Editor's note— Ord. No. 965, § 2, adopted Sept. 28, 2010 repealed § 050-040 which pertained to performance standards and derived from Ord. No. 839, § 6, 2-11-03; Ord. No. 942, § 2, 3-10-2009. In addition, § 4 of Ord. No. 965 created Ch. 21 of this Code which pertains to noise control.

(A)

Purpose. The purpose of this Section is to provide a procedure for the conditional use approval and operation of bed and breakfast dwellings within the residential zoning districts of the City.

(B)

Locational limitations. Subject to conditional use approval, a bed and breakfast dwelling shall only be permitted upon residentially zoned property abutting the following streets:

(1)

The East Boundary of NE 6 ^th Avenue North of Wilton Drive to Oakland Park Blvd.

(2)

NE 26 ^th Street East of NE 6 ^th Avenue to the Municipal Boundary.

(3)

NE 7 ^th Avenue North of Wilton Drive to NE 26 ^th Street.

(4)

NE 8 ^th Avenue North of Wilton Drive.

(5)

NE 8 ^th Terrace North of Wilton Drive.

(6)

NE 9 ^th Avenue North of Wilton Drive.

(7)

NE 28 ^th Street East of NE 6 ^th Avenue to NE 9 ^th Avenue.

(8)

NE 29 ^th Drive East of NE 6 ^th Avenue.

(9)

NE 27 ^th Street East of NE 6 ^th to NE 6 ^th Lane.

(10)

NE 6 ^th Lane from NE 27 ^th Street North to NE 29 ^th Drive.

(C)

Density calculation. Each guest bedroom shall constitute one-half (½) of a dwelling unit for density calculation purposes. All bedrooms occupied by the owner and the resident family, and not made available for guests, shall count as one dwelling unit. Additional guest rooms above the density permitted by the land use plan require City Commission approval for the use of the flexibility provisions of the comprehensive plan.

(D)

Approval procedure.

(1)

Application for conditional use approval for a bed and breakfast dwelling shall be made pursuant to Article 105, Conditional Uses.

(2)

A site plan application meeting the requirements of Article 85, Site Plans, and an operational plan shall be submitted with the application.

(3)

The operational plan shall, at a minimum, include the following:

a.

The name of the owners and the operators of the proposed facility.

b.

The number and function of additional service personnel not residing on the premises.

c.

The number of guestrooms and the maximum number of guests that can be accommodated daily at the facility.

d.

A traffic and parking study which includes information such as transportation services which may be provided for guests, the amount of traffic generated by guests and service vehicles delivering food, laundry and other items, how the proposed bed and breakfast dwelling will provide parking in compliance with these regulations.

e.

A description of proposed outdoor uses, including but not limited to dining, recreation, and entertainment.

f.

Plans for collection and disposal of refuse.

g.

Any additional information, which relates to the impact of the bed and breakfast dwelling on surrounding properties and/or other information, deemed necessary by the Director or PZB in processing the application.

(E)

Failure to operate a bed and breakfast in conformance with City Codes, as evidenced by two (2) or more code violations within any two (2) year period, or violation of the operational requirements or any conditions imposed by the PZB, shall be cause for revoking the conditional use approval after hearing before the Code Enforcement Board and a determination of violation.

(F)

A bed and breakfast dwelling shall meet the following operational requirements.

(1)

The owner or operator shall reside on the same premise as the bed and breakfast dwelling.

(2)

There shall be a maximum of six (6) and a minimum of three (3) sleeping rooms exclusive of sleeping rooms occupied only by the owner and owner's family.

(3)

Sleeping rooms shall have a minimum floor area of one hundred twenty (120) square feet.

(4)

Identification signs for bed and breakfast dwelling shall be limited to a name plate, not to exceed nine (9) square feet in area, designating the name of the bed and breakfast dwelling, and which shall be attached to the side of the building having street frontage. Signage shall not be internally illuminated.

(5)

Meals shall only be served to paying guests lodging at least one night.

(6)

The owner/operator shall keep a current register including names, addresses and dates of accommodation of all guests, which shall be available for inspection by City officials.

(7)

All sleeping rooms and kitchen areas shall be provided with hard-wired smoke detectors with battery back up.

(8)

At least one bathroom with sanitary and bathing facilities shall be provided for each three (3) guest rooms.

(9)

A common dining area at least one hundred twenty (120) square feet in area shall be provided for the use of all guests.

(10)

Guest rooms shall not contain food preparation facilities.

(G)

Development standards. Bed and breakfasts shall be subject to the RS-5 development standards established for single-family detached dwellings.

(Ord. No. 848, 10-14-03)

(A)

Laundromats, where permitted by Article 20, with or without accessory coin-operated dry cleaning machines, are subject to the following supplemental use regulations:

(1)

The services offered or rendered shall be confined to washing and drying and dry cleaning for the customer, or furnishing on-site equipment for use by the customer to wash and dry laundry. No service shall be rendered to any person in connection with the operation of a laundry route. The establishment shall not pick up laundry from, or deliver laundry to any customer either before or after processing, and all laundry must be brought to, and removed from, the premises by individual customers. The laundromat may, however, serve as a pick-up and drop-off point for an off-site laundry service whereby the clothing is laundered off-site and returned in clean condition for the customer to pick up.

(2)

Business shall be serviced by a sewer.

(3)

Business shall be wholly conducted within one completely enclosed building.

(4)

No dry cleaning shall be done on the premises, except as provided under Subsection (7) hereof, but a dry cleaning pickup agency may be operated on the premises.

(5)

Pressure-type steam boilers shall not be permitted.

(6)

Maximum hours of operation shall be 7:00 a.m. to 11:00 p.m. daily.

(7)

Coin-operated dry cleaning machines are subject to the following limitations and restrictions:

a.

An attendant must be present at all times that such coin-operated dry cleaning machines are in use.

b.

Only a noninflammable, nonexplosive solvent may be used in such machines.

c.

There may be no more than one pocket or basket or wheel not to exceed ten (10) pounds capacity, for every ten (10) self-service washing machines.

Motor fuel pumps, where permitted by Article 20, are subject to the following supplemental use regulations:

(1)

The minimum size of a lot upon which motor fuel pump may be constructed shall not be less than thirty thousand (30,000) square feet in area with a minimum frontage on a street of two hundred (200) feet.

(2)

Motor fuel pump islands shall be set back a minimum distance of twenty-two (22) feet from the right-of-way line of any street and twenty-five (25) feet from side property lines of the lot upon which motor fuel pumps are to be constructed.

(3)

Driveway entrances shall measure no more than thirty (30) feet in width at the property line.

(4)

There shall be no more than two (2) driveway entrances to a lot with motor fuel pumps on a given street.

(5)

The radius of a driveway opening that intersects with the street right-of-way shall not go beyond the abutting property line.

(6)

No driveway opening, measured at the property line, shall be within twenty-five (25) feet of an interior lot line, fifty (50) feet of a street line if a corner lot, or fifty (50) feet of another drive on a lot containing motor fuel pumps.

(7)

The entrance to any building wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street line.

(A)

Purpose. This Section regulates the placing of chairs and tables within the sidewalk area adjacent to a business licensed to operate as a restaurant, known as a sidewalk cafe. Operating a sidewalk cafe on City sidewalks that are in the public right-of-way shall be unlawful without a permit from the Department. A sidewalk cafe, permitted and operated in accordance with this Article, shall not be an obstruction of a sidewalk.

(B)

Fees. The application fee and annual permit fee for establishing or maintaining a sidewalk cafe shall be determined by the City Commission and set forth by resolution or ordinance.

(C)

Permit application—Required information.

(1)

Name and address of the applicant;

(2)

The written consent of the property owner;

(3)

A copy of a valid local business tax receipt to operate a restaurant adjacent to the sidewalk area that is the subject of the application;

(4)

A copy of current liability insurance (City listed as additional insured);

(5)

A drawing (minimum scale of one-fourth (¼) inch equals one foot) showing the layout and dimensions of the existing sidewalk area and adjacent private property, including the structures located thereon, proposed location, size and number of tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, landscaping, utility boxes, poles, guidelines and any other sidewalk obstruction either existing or proposed within the sidewalk area;

(6)

Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects relating to the sidewalk cafe;

(7)

A plan for the maintenance and cleaning of the sidewalk area where the tables and chairs are permitted to be located; the tables and chairs; any trash or food on or about the tables and chairs or sidewalk; and the disposal of any trash or debris generated from the operation of the sidewalk cafe;

(8)

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

(9)

Applications shall be accompanied by a nonrefundable application fee which shall be credited toward the first year permit fee, should the application be approved.

(D)

Review standards. The following standards and criteria shall be used in reviewing the application:

(1)

Sidewalk cafes shall only be allowed in zoning districts where restaurants are specified as a permitted use.

(2)

The sidewalk cafe area shall be required to meet the yard and buffer requirements applicable to principal structures located in the zoning district where the sidewalk cafe is proposed when the applicant's restaurant is abutting residential property or separated from residential property by a public right-of-way that is twenty (20) feet or less in width.

(3)

Sidewalk cafes are restricted to the sidewalk area abutting the boundary lines of the property on which the restaurant owned by the applicant is located.

(4)

Permits will not be issued where the tables and chairs would be placed within five (5) feet of bus stops, taxi stands, site triangles or other structures or areas determined by the Director to require clearance for the public.

(5)

No tables or chairs will be permitted within five (5) feet of a pedestrian crosswalk.

(6)

Sidewalk cafes shall be located as follows:

a.

Where public parking exists between the sidewalk area proposed for use and the portion of the right-of-way used for vehicular travel, a sidewalk cafe shall be located in such a manner that a minimum five (5) foot-wide clear pedestrian path on the sidewalk is maintained at all times.

b.

Where no public parking exists as described in Subsection (6)a., a minimum five (5) foot-wide clear pedestrian path between the edge of the sidewalk closest to the right-of-way used for vehicular travel and the sidewalk cafe shall be maintained at all times.

c.

In areas of congested pedestrian activity, where existing, permanent obstructions exist within the required pedestrian path, or other circumstances exist that have the effect of creating a dangerous or inconvenient pedestrian path, the Director is authorized to require a pedestrian path.

(7)

No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.

(8)

Tables, chairs, umbrellas, and any other objects provided as part of the sidewalk cafe shall be of quality, design, materials, and workmanship both to ensure the safety and convenience of users and to be compatible with the uses in the immediate vicinity of the proposed sidewalk cafe.

(9)

A physical barrier or painted line, including but not limited to a fence, may be installed in such a manner to separate the tables and chairs from the pedestrian path required under Section (6).

(E)

Insurance.

(1)

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

(2)

The permittee shall furnish and maintain such public liability, food products liability and property damage insurance for the benefit of the City insuring and indemnifying the City from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) for bodily injury and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the City, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the permit period without forty-five (45) days' written notice to the risk management division of the department of finance and the Director at the address shown in the permit.

(F)

Permits. The permit shall be issued on a form provided by the Department. In addition to naming the permittee and any other information deemed appropriate by the Building Division, the permit shall contain the following conditions:

(1)

Each permit shall be effective for one year, subject to annual renewal.

(2)

The permit shall be personal to the permittee only and shall not be transferable in any manner.

(3)

The Director may suspend the permit when an ordinance or resolution is adopted by the City Commission providing for an event necessitating that the sidewalk be clear for a period of time.

(4)

The Director or Public Works Director may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action.

(5)

Tables, chairs, umbrellas, and any other objects provided in connection with a sidewalk cafe shall be removed from the sidewalk area when the permittee's restaurant is closed to the public.

(6)

If found to be necessary for the protection of the health, safety and welfare of the public, the Department of Public Works, Police and Fire Departments, or emergency service providers may require the applicant to immediately remove or relocate all or parts of the sidewalk cafe and, if necessary, the City may remove or relocate same in emergency situations.

(7)

The City and its officers and employees shall not be responsible for sidewalk cafe components relocated during emergencies.

(8)

The permit shall be specifically limited to the area shown on the exhibit attached to and made a part of the permit.

(9)

The permittee shall take such actions necessary to ensure that its use of the sidewalk in no way interferes with sidewalk users or limits their passage.

(10)

Tables, chairs, umbrellas, and any other objects provided within a sidewalk cafe shall be maintained in a clean and attractive appearance, shall be in good repair at all times, and shall be maintained in accordance with the plan submitted by the applicant, as provided in Subsection 050-080(C) and approved by the Director.

(11)

The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day in compliance with the plan submitted in accordance with Subsection 050-080(C) and approved by the Director.

(12)

The serving and consumption of alcoholic beverages as part of the operation of a sidewalk cafe shall be permitted subject to applicable regulations of the City and other governmental entitles.

(13)

Awnings shall be permitted over the sidewalk cafe area during the operation of the sidewalk cafe if permitted in accordance with the provisions of the Florida Building Code.

(14)

No advertising signs or business identification signs shall be permitted on the sidewalk.

(15)

No tables and chairs nor any other parts of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixtures, curb or sidewalk within or near the permitted area.

(16)

No tables, chairs, umbrellas, or any part of a sidewalk cafe, except an awning permitted in accordance with the Code, shall be permitted to encroach within the required five (5) foot-wide clear area for the pedestrian path provided in accordance with Subsection 050-080(D)(6).

(17)

The permittee shall be required to comply with any regulation relating to noise in the sidewalk area.

(18)

The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations.

(19)

The permittee shall notify the Director in writing when operation of the sidewalk cafe begins. Such notice shall be delivered to the Director within twenty-four (24) hours of such commencement.

(G)

Denial, revocation or suspension of permit; removal and storage fees; notice. The Director may deny, revoke or suspend a permit for any sidewalk cafe authorized in the City if it is found that:

(1)

Any required business or health permit has been suspended, revoked, or canceled;

(2)

The permittee does not have insurance that is correct and effective in the minimum amount described in Subsection 050-080(E);

(3)

Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of a sidewalk cafe. Such decision shall be based upon findings of the Director that the pedestrian path provided adjacent to the cafe is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic and is not remediable by Subsection (D)(6)c.;

(4)

The permittee has failed to correct violations of this Article or conditions of his permit within three (3) days of receipt of the Director's notice of same delivered in writing to the permittee by registered mail, return receipt requested, to the last address provided by the permittee to the City; or

Tables, chairs and other vestiges of the sidewalk cafe may be removed by the Building Division, and a reasonable fee charged for labor, transportation, and storage should the permittee fail to remove such items within thirty-six (36) hours of receipt of the Director's final notice to do so for any reason provided for under this Section.

(5)

Upon denial or revocation, the Director shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason therefore. If the action of the Director is based on Subsection (D)(6)c. or (E) of this Section, the action shall be effective twenty-four (24) hours after the date of mailing of the notice to the permittee. Otherwise, such notice shall become effective within ten (10) days after the date of mailing of the notice to the permittee unless appealed to the City Commission.

(H)

Appeals.

(1)

Appeal may be initiated pursuant to Article 125, Appeals of Administrative Decisions.

(2)

The filing of a notice of appeal by a permittee shall not stay an order by the Director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immediately as set out in this Article, pending disposition of the appeal and final decision of the City Commission.

(Ord. No. 848, 10-14-03; Ord. No. 914, § 2, 2-13-07; Ord. No. 985, § 2, 9-27-11)

A.

Purpose.

(1)

The Dixie Cup Clary Local Control Act, F.S. § 509.233, grants the City the authority to provide exemptions from section 6-501.115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants ("Division") in Chapter 61C-4.010(6), Florida Administrative Code (2006). The procedure adopted pursuant to this Section provides an exemption, for those public food service establishments which have applied for and received a permit, to those sections of the Food and Drug Administration Food Code that prohibit live animals in public food service establishments.

(2)

No dog shall be in a public food service establishment unless allowed by state law and the public food service establishment has received and maintains an unexpired and valid permit pursuant to this Section allowing dogs in designated outdoor areas of the establishment.

(3)

As used in this Section, "public food service establishments" shall mean eating and drinking establishments, restaurants, and sidewalk cafes as defined by the City Code. "Employee" or "employees" shall include, but is not limited to, the owner or owners of the public food service establishment.

B.

Application requirements. Public food service establishments must apply for and receive a permit from the Community Development Services Department before patrons' dogs are allowed on the premises. The City shall establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this Section, but shall require, at a minimum, the following information:

(1)

Name, location, mailing address, email address and division issued license number of the public food service establishment.

(2)

Name, mailing address, email address and telephone contact information of the permit applicant. This name, mailing address, email address and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.

(3)

A diagram and description of the outdoor area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the city. No more than thirty (30) percent of the outdoor food service portion of the food establishment shall be designated as a service area where dogs are permitted. A minimum of [a] five-foot clearance shall be provided between the outdoor area and the property line and public rights-of-way to ensure accessibility.

(4)

The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

(5)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

C.

Regulations. Public food service establishments that receive a permit for a designated outdoor area pursuant to this Section shall require that:

(1)

Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area.

(2)

Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware.

(3)

Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

(4)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

(5)

Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.

(6)

Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron.

(7)

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

(8)

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table.

(9)

Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area.

(10)

Employees and patrons shall not permit dogs to be in, or to travel through, indoor or nondesignated outdoor portions of the public food service establishment.

(11)

A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice.

(12)

A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the city.

(13)

A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the city.

(14)

All signs displayed or erected in accordance with this Section, shall be subject to the regulations in Article 30 and Article 145.

(15)

Ingress and egress to the designated outdoor area shall not require entrance into or passage of any dog through any indoor area or nondesignated outdoor portions of the public food service establishment.

(16)

The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram.

(17)

Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this Section, or if they do not possess a valid permit.

(18)

Permits shall be conspicuously displayed in the designated outdoor area in a location where it may be seen by any official of the City.

(19)

It shall be unlawful to fail to comply with any of the requirements of this Section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this Section is considered a separate violation.

(20)

All dogs shall wear a current license tag or rabies tag.

D.

Expiration and revocation.

(1)

A permit issued pursuant to this Section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this Section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment.

(2)

A permit may be revoked by the City if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this Section. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder.

(3)

If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 90 days following the date of revocation, providing that all issues continued within the revocation have been satisfied. This includes any outstanding fines.

E.

Complaints and reporting.

(1)

Complaints may be made in writing to the Code Compliance Unit who shall accept, document, and respond to all complaints and shall timely report to the Community Development Services Department all complaints and the response to such complaints.

(2)

The patron or the designated person in charge of the public food service establishment, or both, may be issued civil citations for each violation of this article.

(Ord. No. 933, § 2, 4-22-2008; Ord. No. 2020-003, § 4, 9-22-20)

(A)

Pawnshops, where conditionally permitted by Article 20 and under authority of a state license issued under the provisions of F.S. § 539.001 (The Florida Pawnbroking Act), as may be amended from time to time, are prohibited at any location within prescribed distances from the specified uses, as follows:

(1)

Distances between establishments. The establishment of a pawnshop is prohibited within one thousand (1,000) feet of another place of business in which there is already in existence a City of Wilton Manors Business Tax Receipt for a pawnshop, such distance to be measured using the shortest airline distance between main normal public entrances.

(2)

Distances of establishments from schools. The establishment of a pawnshop is prohibited in any place of business located within one thousand (1,000) feet from any established public or private school, pre-kindergarten school, nursery school or day care center, measured using the shortest airline distance between the main normal public entrance of the pawnshop and the school property used as part of such. Whenever such a state license has been lawfully procured and thereafter a school is established within a distance otherwise prohibited by this Section, the establishment of such school shall not be cause for the revocation of the City of Wilton Manors Business Tax Receipt or prevent the subsequent renewal of same.

(2)

[(B)] Prior to the issuance of a business tax receipt, conditional use approval must be granted by the Planning and Zoning Board for a pawnshop.

(3)

[(C)] The outdoor display of merchandise is prohibited including but not limited to the sale of used automobiles, recreation vehicles, watercrafts or any other type of motor vehicle.

(4)

[(D)] Hours of operation shall be restricted in accordance F.S. § 539.001 as may be amended from time to time.

(5)

[(E)] Pawnshops in existence at the time of enactment of this Section that do not comply with the regulations herein, shall be nonconforming uses governed by Article 15 of the Land Development Regulations.

(Ord. No. 2014-001, § 3, 3-11-14)

(a)

Check cashing stores, where conditionally permitted by Article 20 and under authority of a state license issued under the provisions of F.S. § 560 Part III (Check Cashing and Foreign Currency Exchange), as may be amended from time to time, are prohibited at any location within prescribed distances from the specified uses, as follows:

(1)

Distances between establishments. The establishment of a check cashing store is prohibited within one thousand (1,000) feet of another place of business in which there is already in existence a City of Wilton Manors Business Tax Receipt for a check cashing store, such distance to be measured using the shortest airline distance between main normal public entrances.

(2)

Check cashing stores in existence at the time of enactment of this Section that do not comply with the regulations herein, shall be nonconforming uses governed by Article 15 of the Land Development Regulations.

(Ord. No. 2014-001, § 4, 3-11-14)

The City Commission finds that new uses are emerging relating to community resiliency technologies. These uses address matters such as, but not limited to, carbon sequestration, water storage, biofuels, solar collection arrays and distribution, and wind farms or other emerging renewable energy systems. This Section provides for and regulates these uses.

(A)

Purpose. The purpose of this Section is to provide for the conditional use approval of emerging resiliency uses.

(B)

Distinction. Resiliency uses are uses that are the sole or principal use on a parcel and provide service beyond the individual parcel or building on a parcel and address carbon sequestration, water storage, biofuels, or renewable energy collection and distribution. This is to be distinguished from green building features specific to and serving an individual project such as electric vehicle charging stations, photovoltaic system, solar water heating system, green infrastructure or wind turbines that are accessory uses and not the subject of the conditional use process required under this Section.

(C)

Applicability: Resiliency uses require conditional use approval and are permitted in any zoning district.

(D)

Approval procedure.

(1)

Application for conditional use approval for a resiliency use shall be made pursuant to Article 105, Conditional Uses.

(2)

A site plan application meeting the requirements of Article 85, Site Plans, and an operational plan shall be submitted with the application.

(E)

Building permits. Building permits are required for all resiliency uses.

(Ord. No. 2020-005, § 4, 5-26-20)