§ 47-35.1. Definitions.


Latest version.
  • For the purpose of the ULDR certain terms and words are herein defined. Words used in the present tense include the future; the words "used for" include the meaning "designed for"; the word "structure" includes the word "building"; the word "lot" includes the words "plot" and "tract." The words "area" and "district" may indicate and include the meaning "zone"; the word "unit" shall mean "dwelling unit." Words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word "street" includes avenue, boulevard, parkway, court, highway, lane, road, terrace, causeway, way and expressway. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, stream and canal, but does not include a lake, pond or pool without outlet. The word "may" is permissive; the words "shall" and "will" are mandatory and not merely directory. Other definitions appear in specific sections of the ULDR and are applicable only to those sections.

    AASHTO: American Association of State Highway and Transportation Officials, an organization which prepares recommendations for highway and street engineering policies and standards.

    Abut: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

    Accessory building: An "accessory building" is a subordinate building which is located on the same development site as the principal building, the use of which building is clearly incidental to the use of the principal building.

    Accessory uses: Uses customarily incidental and subordinate to the principal uses as permitted and located on the same development site as the principal use.

    Alley: Any roadway, place or public way dedicated for use by the public and twenty (20) feet or less in width.

    Apartment: Apartment is a building occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for doing their own cooking on the premises, or by more than two (2) families, individuals or groups of individuals. Apartments shall not include townhouses, cluster dwellings, coach homes or duplex units.

    Automotive repair: An establishment which provides automobile repair service. See Section 47-18.4.

    Automotive sales: An establishment which provides for the sale of cars, vans, jeeps, pick-up trucks, not including those vehicles listed in truck sales.

    Automotive service station: An establishment where fuels, oils or greases are supplied and dispensed to motor vehicles.

    Automotive wrecking or salvage yard: An area used for the dismantling or wrecking of used vehicles and the storage and sale of used automotive parts.

    Awning: A roof-like cover designed and intended for protection from weather or as a decorative embellishment that projects from a wall of a building over a walk, window, door or the like. Awnings shall be entirely supported from a building and constructed and erected in a manner that will readily permit removal, or may be easily rolled or folded back to a position flat against the building.

    Bar: An establishment devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages.

    Bed and breakfast dwelling: A bed and breakfast dwelling is a lodging facility which provides overnight accommodations and morning meals to overnight guests for compensation.

    Broward County (or county ): A political subdivision of the State of Florida.

    Bufferyard: An area or areas located on nonresidential or residential property which extend the full length of the property lines abutting residential property which meet the requirements for a bufferyard as provided in Section 47-25.3, Neighborhood Compatibility Requirements.

    Building: A roofed and walled structure that is completely enclosed, except as otherwise provided in the ULDR, the use of which demands a permanent location on the land.

    Business property: Any property designated for commercial use on the adopted city future land use plan map or zoned CB, B-1, B-2 or B-3.

    Business zoning district: Property zoned CB, B-1, B-2 or B-3.

    Canopy: A permanently roofed shelter projecting over a walk, driveway, entry or similar area, which may be wholly supported by a building or wholly or partially supported by columns, poles or braces extending from the ground. Such a structure must be open on three sides, and if ground-supported, supports must be confined in number and cross-section area to the minimum necessary for actual support of the canopy.

    Car wash, automatic: An establishment where the exterior of motor vehicles is washed within a completely enclosed building with entrances and exits of appropriate size to accommodate motor vehicles. The movement of motor vehicles within such establishment shall be along a conveyor belt, moving track or the like, with washing solely by mechanical means. The cleaning of the interior of motor vehicles, waxing of the exterior detail work of motor vehicles, drying and exterior detail work of motor vehicles if any, may be permitted.

    Carport: A roofed structure providing space for the parking of vehicles and enclosed on not more than three (3) sides.

    Central beach area zoning districts: Properties zoned: Sunrise Lane Area (SLA), North Beach Residential Area (NBRA), A-1-A Beachfront Area (ABA), Planned Resort Development Area (PRD), Intracoastal Overlook Area (IOA), South Beach Hotel and Marina District (SBHMA).

    City: The City of Fort Lauderdale.

    City commission: The city commission of the City of Fort Lauderdale.

    Code: The Code of Ordinances of the City of Fort Lauderdale, Florida which includes Volumes I and II.

    Community garden: An area of land managed and maintained for the use of one (1) or more individuals to grow and harvest food crops, non-food ornamental crops, such as flowers, or both solely for the use, consumption or donation by two (2) or more persons maintaining the community garden.

    Community residence. Except as required by state law, a community residence is a residential living arrangement for unrelated individuals with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services, related to the residents' disabilities. A community residence seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family-like environment; treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. A community residence may be either a family community residence or a transitional community residence.

    A community residence shall be considered a residential use of property for purposes of all zoning, building, and property maintenance codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison pre-parolees or sex offenders. Community residences do not include community residential homes that are defined in F.S. § 419.001(1)(a), and licensed by the Florida Agency for Persons with Disabilities, the Florida Department of Elderly Affairs, the Florida Agency for Health Care Administration, and the Florida Department of Children and Families. They do include functional family sober living arrangements also known as recovery residences certified by the State of Florida's designated credentialing entity established under F.S. § 397.487.

    Compact deferral area: The geographic area which is a two (2) mile band having a centerline which is coincident with the centerline of the congested link, extending parallel to the congested link for a distance of one-half (½) mile beyond each end point of the congested link as shown on those maps produced by the county.

    Comprehensive plan or plan: The plan adopted by the city in accordance with the requirements of F.S. ch. 163.

    Concurrency evaluation: An evaluation whether facilities and services needed to support approved development are available concurrent with the impacts of such development.

    Contiguous: Contiguous shall be abutting or separated by no more than a twenty (20) foot wide right-of-way.

    Convenience kiosk: A retail establishment with a maximum of one thousand (1,000) square feet of gross floor area that may have drive-through facilities and offers for sale prepackaged food or beverages for off-site consumption and may offer for sale automotive fuel, but offers no automotive repair. Other prepackaged goods, newspapers, magazines, household items and automotive cleaning supplies, oils, waxes, windshield fluid and wiper blades may also be sold. A convenience kiosk which offers automotive fuel for sale shall also be considered an automotive service station and shall be required to meet the requirements for that use.

    Convenience store: A retail establishment with a maximum of five thousand (5,000) square feet of gross floor area that offers for sale prepackaged food or beverages for off-site consumption and may offer for sale automotive fuel, but offers no automotive repair. Other prepackaged goods, household items, automotive fluids and wiper blades, automotive cleaning supplies, oils, waxes and windshield fluids, newspapers, magazines may also be sold. A convenience store dispensing automotive fuels shall also be considered an automotive service station and shall be required to meet the requirements for that use. A retail establishment as described herein that is greater than five thousand (5,000) square feet of gross floor area and does not sell automotive fuel shall be considered a grocery store.

    Convenience store, multi-purpose: A retail establishment with a maximum of six thousand (6,000) square feet of gross floor area that may have drive-through facilities, where food or beverages are prepared and served for pay for on or off-site consumption; and where automotive fuel is sold, but offers no automotive repair. Other prepackaged goods, household items, automotive fluids and wiper blades, automotive cleaning supplies, oils, waxes and windshield fluids, newspapers, magazines may also be sold. A multi-purpose convenience store dispensing automotive fuels shall also be considered an automotive service station and shall meet the requirements for that use.

    Corner lot: A lot located at the intersection of two (2) or more streets, with a boundary line bordering on at least two (2) of the streets.

    Cul-de-sac: A minor street intersecting another street at one (1) end and terminated at the other end by a vehicular turnaround.

    Department: The planning and economic development department or such department which has the responsibility for the administration of the planning and zoning requirements of the city as designated by the city manager.

    Developer: Any person, or his agent, who undertakes development regulated by the ULDR.

    Development: The use of any structure, land or water, the change, expansion or addition to any use, land or water, the carrying out of any building activity, or the making of any change in the appearance of any structure, land or water, or the subdividing of land into two (2) or more parcels; provided, however, that building activity that is carried out exclusively within a previously constructed structure which does not affect the intensity of use or affects only the exterior color of the structure shall not be considered development.

    Development permit: Any use approval, plat approval, site plan approval, development review committee order, zoning permit or rezoning, special exception, variance, certificate of appropriateness, historic designation or other official action having the effect of permitting the development as defined in the ULDR.

    Development site: A lot or parcel of land or combination of lots or parcels of land proposed for development. If a development site has more than one (1) parcel or lot with different owners, all property owners will be required to sign the application for development permit, and shall be required to execute and record in the public records a declaration on a form provided by the department, stating that the parcels have been developed as a single unit for purposes of meeting the ULDR. The declaration shall include a legal description of each parcel and shall state that no parcel may be developed separate from the other parcel unless each parcel standing alone meets the requirements of the ULDR.

    Director: The director of the department or his or her designee.

    Disability. A physical or mental impairment that substantially limits one (1) or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted, or individuals who constitute a direct threat to the health and safety of others.

    Docking facility: A group of commercial boat docks with no support structures (excluding a ticket booth), wherein fishing boats, excursion boats, charter boats, boat rentals, boat dealers, yacht brokers, and other similar commercial boating operations, utilize water frontage and are supplied with common parking.

    Drive-thru facility: An establishment which allows customers to receive products or services while remaining in their motor vehicle.

    Driveway: An area on a site for ingress and egress of vehicles to and from a site.

    Dry cleaning: A process of removing dirt, grease, paint and other stains from wearing apparel, textiles, fabrics, rugs, and similar materials by one (1) or more of the following methods:

    1.

    Immersion and agitation in a liquid solvent in open vessels.

    2.

    Immersion and agitation in a liquid solvent in closed machines.

    3.

    Spotting of local applications of liquid solvents and other cleansing preparations to spots of dirt, grease, paints and stains not removed by immersion and agitation processes.

    Duplex or two family dwelling: A building containing two single family dwelling units, totally separated from each other by one (1) dividing partition common to each unit, and contained entirely under one (1) roof and designed for or occupied by two (2) single family housekeeping units. A two family dwelling is a building on a single lot. A duplex is a building where one unit is on one lot and the other attached unit is on an abutting lot.

    Dwelling: A structure or portion thereof that is used exclusively as a residence.

    Dwelling unit: A space, area or portion of a building designed for and to be occupied by one family as a residence, with cooking facilities for the exclusive use of such family.

    Easement: A right of use acquired to use or control property of another for a designated purpose.

    Employment agency: An establishment which seeks to place people in specific job positions, locate people to fill specific job positions, or both, for either permanent or temporary employment to businesses that are listed with the agency by its clients.

    Engineering standards: Standards related to the design and construction of streets open to travel by the public and associated sidewalks, culverts, drains, traffic control devices and other structures associated with the movement of traffic. Engineering standards shall be administered by the city engineer.

    Excavation: To make a hole, unearth, scrape, or dig out for the purpose of construction, demolition, or removal with specific relation to a tree drip line and root system.

    Existing urban service area: A built-up area where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas are already in place.

    Ex parte communication: Any written or oral communication from any person to a public official or an investigation or inspection by a public official of a site which is the subject of a matter to be considered in a quasi-judicial hearing by such public official.

    Family. One (1) or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, or a group of persons up to three (3) in number who are not so interrelated, occupying the whole or part of a dwelling as a single housekeeping unit, supplied with a kitchen or facilities for doing their own cooking on the premises, and who share common living facilities. Any person under the age of eighteen (18) years whose legal custody has been awarded to the State Department of Health and Rehabilitative Services or to a child-placing agency licensed by the Department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this definition. A family does not include residents of any nursing home; club; boarding or lodging house; dormitory; fraternity; sorority; or group of individuals whose association is seasonal or similar in nature to a resort, motel, hotel, boarding or lodging house.

    Family community residence. A family community residence is a type of community residence that is a relatively permanent living arrangement for more than three (3) unrelated people with disabilities with no limit on how long a resident may live in the home. The length of tenancy is measured in years. Oxford House is an example of a family community residence. A family community residence may be certified as a recovery residence by the State of Florida's designated credentialing entity established under F.S. § 397.487, but does not include a community residential home as defined under F.S. § 419.001(1)(a), and licensed by the State of Florida.

    Fence: A fabricated vertical physical barrier extending above grade and anchored below it, but not constructed as a wall.

    Film processing facility: Self-contained processing units ("mini-labs") capable of processing film and predeveloped negatives into finished prints in one (1) hour or less for retail customers bringing film to the premises.

    Floor area, gross: See Section 47-2, Measurements.

    Floor area, net: See Section 47-2, Measurements.

    Floor area ratio: See Section 47-2, Measurements.

    Garage, private residential: A portion of a residential dwelling that is one (1) level, and which is used or intended to be used for the parking and storage of vehicles.

    Grade: See Section 47-2, Measurements.

    Grocery store: Any retail establishment offering for sale prepackaged food products, including fresh raw meat and fish, produce, household items, and other goods commonly associated with the same, that is not a convenience kiosk or store as defined herein.

    Ground cover: A planting of low growing plants that covers the ground in place of turf. Within the dripline of a tree, two (2) inches of mulch may be used instead of plants.

    Half or partial street: A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than that required for full development of the type of street involved.

    Health recreation facility: An indoor facility including uses such as game courts, exercise equipment, locker rooms and pro shop.

    Hedge: A close planting of shrubs which forms a compact, dense, visually opaque, living barrier when mature.

    Height: See Section 47-2, Measurements.

    Heliport: Any land area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service storage, tie-down areas, hangars, and other necessary buildings and open spaces.

    Helistop: Any landing area for the purpose of taking off or landing of private helicopters for the purpose of picking up and discharging passengers or cargo. This facility is not open to use by any helicopter without prior permission having been obtained from the city.

    Historic building: A building designated as historic by resolution of the city commission in accordance with Section 47-24.11, Historic Designation of Landmarks.

    Home furnishings store: A retail establishment which merchandises a specified category of home furnishings, such as kitchenware and housewares, or a combination of home accessories, such as draperies, linens, glassware, bric-a-brac, etc.

    Hotel: A facility licensed by the State of Florida offering transient lodging accommodations for the general public for a fee and which contains ten (10) or more sleeping rooms and which may include restaurants, meeting rooms, entertainment and recreational facilities as regulated by the ULDR. Sleeping rooms must be a minimum floor area of one hundred twenty (120) square feet exclusive of bathrooms, toilets, closets or similar appurtenances. When a hotel is listed as a permitted use, a hotel suite or motel may also be permitted, as defined herein. A facility with less than ten (10) sleeping rooms is considered a bed and breakfast dwelling and shall meet the requirements of Section 47-18.6. A time share facility shall be considered a hotel.

    Hotel marina: A hotel with a marina, as further defined herein.

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

    Hotel suite: An area within an establishment licensed as a hotel or motel by the State of Florida, which area provides a sleeping accommodation and kitchen or cooking facilities for the use of one (1) or more transient guests registered under one (1) entry with the establishment. A hotel suite shall: consist of a minimum net floor area of four hundred fifty (450) square feet (exclusive of bathroom, closet and balcony areas); have maid service provided by the establishment; be fully furnished (furniture, linens, dishware and cookware); and be served by a central switchboard telephone system. When hotel suites are listed as a permitted use, the licensed establishment must provide and operate a minimum of eighty-five (85) such suites or any combination of hotel suites, hotel rooms, or motel rooms providing a net area (exclusive of bathrooms, closets, balcony areas, or common areas) of not less than thirty-eight thousand two hundred fifty (38,250) square feet.

    Improvements, public: Any of the following, constructed on public right-of-way, which may include, but not be limited to: street pavement, curbs, gutters, sidewalks, alley pavement, water mains, sanitary sewers, storm drains, street name signs, street trees.

    Inflammable liquid: A liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.

    Interior parking: Parking spaces not contiguous to, nor directly abutting a perimeter.

    Labor pool: An establishment which provides employment for persons required to personally appear at the site on the day of employment in order to obtain such employment.

    Land use plan (LUP): The city future land use element which is a part of the comprehensive plan.

    Landscape area: An area where landscaping has been or shall be installed.

    Landscaping: Living plant material purposely installed for functional or aesthetic reasons at ground level and open to the sky.

    Light manufacturing: The manufacture and processing and assembly of articles and products from other finished products.

    Lot: A parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings, including the open spaces required under the ULDR, and which lot is a matter of record in the county.

    Lot, corner: A lot abutting on two (2) or more streets or waterways at their intersection.

    Lot, depth: See Section 47-2, Measurements.

    Lot, interior: A lot other than a corner lot.

    Lot lines: The lines bounding a lot as defined herein.

    Lot, reverse frontage: A lot extending between and having frontage on a major traffic street and a minor street and with no vehicular access from the major traffic street.

    Lot, through: An interior lot having frontage on two (2) streets.

    Lot width: See Section 47-2, Measurements.

    Marina: A waterfront facility providing for any one (1) or more of the following uses for marine craft: uncovered dockage, covered dockage, wet storage, dry storage, service and repair, sales and charter; sales of marine supplies, parts and fuel. A marina may also include the following accessory uses: liveaboard facilities, restaurant, gift shop, offices, vending machines, water transportation dockage and commercial fishing.

    Medical office: Offices used by a physician or dentist.

    Mixed occupancy: The occupancy of a building or land for more than one (1) use.

    Mobile home (trailer): A vehicle or conveyance that is not self-propelled, permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a dwelling unit.

    Motel: A building or group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests with no common entrance or lobby. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct private openings to a street, drive, court, patio, etc.

    Multifamily dwelling: A building or buildings containing multiple dwelling units occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for cooking on the premises. This term shall not include hotels, motels or bed and breakfast dwellings, townhouse or cluster dwellings. Multifamily dwellings shall include apartments, condominiums and coach homes.

    Multifamily use: The residential use of a multifamily dwelling.

    Multifamily zoned property: Any property which is zoned RM-15, RML-25, RMM-25, RMH-25 or RMH-60.

    Net acre: See Section 47-2, Measurements.

    Net lot area: The total square footage of a parcel of land after subtracting the square footage area of any vehicular use area, building footprint, walls, walks and swimming pool.

    Nightclub: Pertains to and includes restaurants, dining rooms or other similar establishments where floor shows or other forms of lawful entertainment are provided for guests.

    Nonconforming use: A building or land occupied by a use that does not conform with the regulations of the zoning district in which it is situated.

    Nonresidential property: All property which is not residential property, as defined herein.

    Nonresidential use: Any use which is not a residential use, as defined herein.

    Off-site: Located outside of the development site of the principal use or structure or on a development site that is different from the site which is the subject of an application for development.

    On-site: Located on a development site that is the subject of an application for development.

    Open space: Space which is unoccupied by any vehicular use area or by any structure, except structures such as fountains, open gazebos, trellises and similar open accessory structures which enhance the use of the open space.

    Outdoor dining: "Outdoor dining" is in an area not within an enclosed building which is accessory to a licensed and operating restaurant where food and beverage are served and consumed for pay. Outdoor dining shall not include the preparation of food or beverages, cooking, storage or placement of equipment of any kind, except the temporary placement of implements associated with the service of food.

    Outdoor display: The location of finished products or merchandise in and unroofed area which is available for sale or lease.

    Outdoor storage: The location in an outdoor unroofed area of any goods, material, merchandise or vehicles. Outdoor storage shall not be deemed to include a junkyard as designated in these ULDR.

    Owner/builder: Owner of the subject property to whom a building permit has been issued under Chapter 9 of Volume I of the Code.

    Oxford House. A self-governed community residence for people in recovery that is part of Oxford House, Inc. An Oxford House places no time limit on residency, operates as a democratic system and utilizes self-support to pay all the household expenses. Sanctioned by Congress, each Oxford House is operated in accord with the Oxford House Manual© and is subject to annual inspections which serve as the functional equivalent of the certification or licensing of community residences required by these Unified Land Development Regulations.

    Package liquor store: An establishment where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

    Pain management clinic. As defined in Section 15-250 of the Code.

    Parcel: Any abutting lots or parcels of land, water or both, capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

    Parking area: Any area under, over, within or outside of a building or structure designed and used for parking vehicles including parking lots, garages and driveways.

    Parking facilities: A parking lot or garage or other area or structure for the parking of vehicles including drive aisles and loading zones.

    Parking garage: A building or structure consisting of more than one (1) level and used to park vehicles.

    Parking lot: An off-street, ground-level open area for the parking of vehicles.

    Parking space: A space for the parking of a vehicle.

    Peninsular or island landscape area: A pervious area set aside for landscaping, located at the end of a parking row where it abuts an aisle or driveway, and also intermittently located within parking rows.

    Perimeter: The boundary line separating one (1) parcel of land from another or a parcel of land from a right-of-way. If the property is on a waterway, the perimeter shall be the bulkhead line.

    Perimeter landscape area: The landscape area directly abutting the perimeter of a vehicle use area and within twenty-eight (28) feet of the property line.

    Perimeter parking: Parking spaces contiguous to or directly abutting a perimeter landscape area.

    Person: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest or any other legal entity.

    Pervious area: That noncompacted land located at ground level, open to the sky allowing passage of air and water to the subsurface and used or set aside for landscaping.

    Pharmacy. A retail establishment that includes a community pharmacy, an institutional pharmacy, a nuclear pharmacy or a special pharmacy as defined by F.S. § 465.003 as amended from time to time.

    (1)

    The term "community pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored or sold or where prescriptions are filled or dispensed on an outpatient basis.

    (2)

    The term "institutional pharmacy" includes every location in a hospital, clinic, nursing home, dispensary, sanitarium, extended care facility or other facility, hereinafter referred to as "health care institutions," where medicinal drugs are compounded, dispensed, stored or sold.

    (3)

    The term "nuclear pharmacy" includes every location where radioactive drugs and chemicals within the classification of medicinal drugs are compounded, dispensed, stored or sold. The term "nuclear pharmacy" does not include hospitals licensed under F.S. Ch. 395 or the nuclear medicine facilities of such hospitals.

    (4)

    The term "special pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored or sold if such locations are not otherwise defined in this subsection.

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

    Plan or comprehensive plan: The plan adopted by the city in accordance with requirements of F.S. ch. 163.

    Planter: A three-dimensional structure either elevated or partially recessed into the ground which is created by retaining walls or other perimeter materials that define the shape.

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

    Processing: A system of operations undertaken in the manufacturing and production of consumer or business products.

    Professional office: Office space designed to provide suitable space for use by those having great skill and experience in a particular field or activity, such as but not limited to architects, engineers, real estate agents, accountants, attorneys, and the like.

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

    Principal building: A building that is occupied by, devoted to, a principal use on the development site and shall include any addition or alteration to an existing principal building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.

    Principal structure: A structure, the use of which is the primary use of the land. A principal structure may consist of a building or an unmanned or uninhabited structure such as a communication tower, utility substation, parking facility or other similar construction. There may be more than one (1) principal structure on a parcel.

    Private parking facility: Parking which is owned or operated by a private entity, available for use by the public with or without a fee and not designated for the exclusive use of any person.

    Property line: When used in the ULDR, unless otherwise provided herein, a property line shall mean the boundary line of a parcel.

    Property owner: Person or persons who have legal ownership of the property to be developed or their authorized representative.

    Public official: Any elected or appointed public official of the city who recommends or takes quasi-judicial action.

    Public parking facility: Parking which is owned or operated by a public entity, available for use by the public with or without a fee and not designated for the exclusive use of any person.

    Reasonable accomodation request. A request pursuant to the ULDR for a case specific modification of the ULDR so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit.

    Residence: The use of a structure or portion thereof exclusively for human habitation for a period of more than thirty (30) consecutive days.

    Residential property: Property which is zoned RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP and which is used for a residential use or which is vacant.

    Residential use: The use of land predominantly for a dwelling unit or dwelling units for a period of more than thirty (30) consecutive days.

    Residential zoning districts: Includes the following zoning districts: RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP.

    Residentially zoned property: Any property zoned RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP.

    Restaurant: A building or room where food is prepared and served for pay and for consumption on the premises, and where alcoholic beverages may be served in conjunction with the sale of food.

    Retaining wall: A wall designed to prevent the lateral displacement of soil or other material.

    Reviewing authority or body: The planning and economic development department, development review committee, planning and zoning board, historic preservation board, board of adjustment, city commission or such other authorities authorized by law to review a development as provided in the ULDR.

    Right-of-way: Land conveyed or dedicated by plat, deed, easement or other conveyance which is devoted to, required for or intended for the use by the public as a means of public traverse and other public purposes.

    Rooftop photovoltaic solar system: A system which uses one (1) or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface or rack-mounted on a flat roof, to convert sunlight into electricity.

    School: Any building or group of buildings with classrooms the use of which meet state requirements for elementary, middle or higher education, or a preschool which has a regularly scheduled curriculum for its attendees. A school may also include as accessory uses, but not be limited to gymnasiums, auditorium stage, kitchen facilities, recreation facilities, offices and meeting rooms for school officials, child day care facilities and the like.

    Secondary use: A second principal use which supports a principal use and which is only permitted in connection with the principal use.

    Self storage facility: A structure containing separate storage spaces which may be of varying sizes and are available for lease or rental by individuals with no individual storage unit within a facility having a floor area exceeding four hundred (400) square feet. A storage facility with individual storage units which exceeds four hundred (400) square feet shall be considered a warehouse.

    Setback: See Section 47-2, Measurements.

    Shipyard: A waterfront facility providing for the manufacturing of watercraft and which may also include marina uses, as defined herein.

    Shopping center: A group of commercial establishments, planned, developed, owned and managed as a unit, with common off-street parking meeting the total requirements of Section 47-20, Parking and Loading Requirements, on the property, related in its location, size and type of shops to the trade area it serves, and using a common name.

    Sight distance: The length of unobstructed roadway (in a horizontal plane) along a street located at any given point on the street.

    Sight triangle: A triangular shaped portion of land established for unobstructed visibility of motorists entering or leaving a street or driveway intersection in which nothing, whether stationary or moveable (i.e., vehicles, vehicular maneuvering area, signs, landscaping or objects of any kind) is permitted to be located between a height of two and one-half (2½) and eight (8) feet above the elevation of the adjoining edge of pavement. An exception to the prohibition is a tree with clear trunk between two and one-half (2½) and eight (8) feet. Sight triangles shall be provided at the following locations:

    1.

    The intersection of an alley or street and a driveway, or

    2.

    The intersection of an alley and a street, or

    3.

    The intersection of a street and a street.

    Sign: Any display of characters, ornamentation, letters, or other display such as, but not limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as an advertisement, announcement, or to indicate directions, including the structure or frame used in their display.

    Single family dwelling, attached: A one (1) family dwelling attached to another one family dwelling by a common vertical wall, and where each unit is located on a separate plot. Single family dwellings that are attached include duplex, cluster, rowhouse and townhouse dwellings.

    Single family dwelling: A building on a lot or plot containing one dwelling unit occupied by one (1) family that is not attached to any other dwelling.

    Single family zoned property: A property which is zoned RS-4.4, RS-8, RD-15 or RC-15.

    Sleeping rooms: A room in a hotel, motel, or bed and breakfast dwelling used for sleeping accommodations. For the purpose of density, sleeping rooms shall be counted as half a dwelling unit.

    State: The State of Florida or such agency authorized by the state.

    Street: The term street includes any road, highway and other ways greater than twenty (20) feet in width which are open to travel by the public including the roadbed, right-of-way, sidewalk and other land devoted, required or intended for general circulation which affords a primary means of access to abutting property.

    Street, collector: A street, which in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets of a residential development and streets for circulation within such a development.

    Street, expressway: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Section 47-24.5, Subdivision Regulations.

    Street, major thoroughfare: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Section 47-24.5, Subdivision Regulations.

    Street, marginal access: A minor street parallel and adjacent to a primary arterial, major thoroughfare, secondary thoroughfare or expressway for service to abutting property and adjacent areas, and to control access to the major streets.

    Street, minor: A street used primarily for access to abutting properties and carrying minor volumes of traffic.

    Street, primary arterial: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Section 47-24.5, Subdivision Regulations.

    Street, secondary thoroughfare: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Section 47-24.5, Subdivision Regulations.

    Street tree: A tree which is located within twelve (12) feet of the edge of pavement or curb of a street or such other distance as determined by the department in accordance with the ULDR.

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

    Structure: Anything built or constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land, or any composition, artificially built up or composed of parts joined together in some definite manner or any rooflike structure or storage apparatus whether movable or nonmovable which may or may not be self-supporting or may or may not be affixed to a "structure," as defined herein, or to a building.

    Subdivision: See Section 47-24.5, Subdivision Regulations.

    Take-out restaurant: Restaurants with on-site cooking facilities that have no seating for customers or patrons.

    Trafficway: A right-of-way designated as a trafficway on the Broward County Trafficways Plan.

    Transitional community residence. A transitional community residence is a type of community residence that is a temporary living arrangement for more than three (3) unrelated people with disabilities with a limit on length of tenancy that is measured in weeks or months, not years. The residents in a transitional community residence do not typically, but may as conditioned under a reasonable accommodation approval, operate as a single functional family.

    A transitional community residence may be certified as a recovery residence by the State of Florida's designated credentialing entity established under F.S. § 397.487, but does not include a community residential home as defined under F.S. § 419.001(1)(a), and licensed by the State of Florida.

    Tree: A woody perennial plant, possibly shrubby when young, with one (1) main stem or trunk which naturally develops diameter and height characteristics of a particular species.

    Truck sales: An establishment which provides for the sale of trailers, hauling trucks, dump trucks, concrete trucks and equipment and other similar heavy duty trucks.

    Urban agriculture: The use of land for the production, distribution and marketing of food.

    Urban farm: An area of land used to grow and harvest food crops, non-food, ornamental crops, such as flowers, or both primarily for sale.

    Vehicular use area (also referred to as VUA): Any area used by vehicles including, but not limited to, areas for parking, display, storage or traverse of any and all types of motor vehicles, bicycles, watercraft, trailers, airplanes or construction equipment.

    Walkways: A right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

    Warehouse: A structure for the storage, distribution or transfer of goods and materials which is not a self storage facility.

    Waterway: Any navigable waterway which provides access for a watercraft to the Intracoastal Waterway and including the Intracoastal Waterway.

    Yard: A yard is a ground level open area on a development site on which is located or proposed to be located a structure, and which area is unoccupied and unobstructed by any structure from the ground upward except as otherwise provided in the ULDR. Yards shall be provided as required in the ULDR. When more than one (1) structure is on a parcel, the yard shall only be required between the outer perimeter of the buildings on the parcel which are closest to the property lines.

    Yard, corner: A side yard abutting upon a street or waterway.

    Yard, front: A yard extending across the full width of the development site perpendicular to the front property line between the side property lines.

    Yard, rear: A yard extending across the full width of the development site perpendicular to the rear property line between side property lines.

    Yard, side: A yard extending perpendicular to the side property lines between the front yard and rear yards.

(Ord. No. C-97-19, § 1(47-35), 6-18-97; Ord. No. C-98-71, § 2, 12-15-98; Ord. No. C-99-15, § 12, 3-16-99; Ord. No. C-00-37, § 2, 9-6-00; Ord. No. C-02-14, § 2, 6-18-02; Ord. No. C-03-19, § 12, 4-22-03; Ord. No. C-04-2, § 5, 1-21-04; Ord. No. C-04-3, § 9, 2-3-04; Ord. No. C-11-14, § 4, 6-21-11 ; Ord. No. C-12-24, § 3, 7-10-12 ; Ord. No. C-12-47, § 5, 12-4-12 ; Ord. No. C-17-47 , § 27, 1-3-18; Ord. No. C-18-11 , § 6, 4-17-18)