PART 5 TERMS AND USES DEFINED

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-54 , adopted 9-24-2024). The text of the amendment will be incorporated below when the ordinance is codified.

The following words, terms, and phrases, when used in this Code, shall have the meaning ascribed to them in this section.

Accessory Dwelling Unit

An ancillary or secondary living unit to a single-family dwelling use that may contain a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit. For purposes of determining maximum density, an accessory dwelling unit shall be considered to be a half dwelling unit.

Accessory Structure

A nonhabitable structure that is detached from a principal structure within the same lot and is incidental and subordinate in use and size to the principal structure and the principal use of the lot.

Accessory Use

A use that is customarily incidental and subordinate to the principal use of land or a structure within the same lot.

Accessway

A roadway or driveway (including alleys) that provides a means for vehicular travel between communities, neighborhoods, properties, and origin and destination points within a property (e.g., parking spaces and loading/unloading spaces).

Active Use, Ground Floor

A use that attracts pedestrian activity, provides access to the general public, and conceals uses designed for parking and other non-habitable spaces if present. Ground floor active uses generally include, but are not limited to, retail, commercial, restaurants, coffee shops, libraries, institutions, education and cultural facilities, entrance lobbies, or residential (where permitted).

Addition

Any walled and roofed expansion to the perimeter of a building that is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by an independent perimeter load-bearing wall shall be considered "new construction."

Addition

Any walled and roofed expansion to the perimeter of a building that is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by an independent perimeter load-bearing wall shall be considered "new construction."

Administrative Adjustment

A development permit authorizing limited deviations from certain of this Code's dimensional and development standards, and that is reviewed and decided by the Development Services Director or P&Z in accordance with Section 155.2421, Administrative Adjustment.

Administrative Manual

A document maintained by the Development Services Director that serves as a user's guide to this Code. The administrative manual contains copies of application forms, fees, schedule and contact information, as well as interpretations of the intent behind standards in this Code.

ADT (Average Daily Traffic)

The average number of vehicles in both directions that pass a specific point along a roadway in a 24-hour period, as measured throughout the year.

Adult Book, Adult Novelty, or Adult Video Store

A retail establishment that offers for sale or rent books, magazines, other periodicals, videos, discs, slides, photographs, instruments, devices, paraphernalia, or other printed matter or graphic media that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities, or specified anatomical areas, and which materials constitute 20 percent or more of the establishment's inventory at any time, or are displayed on more than 20 percent of that portion of the establishment's floor area used for public display of stock.

Adult Day Care Center

Any building(s) or part(s) of a building that provides basic services for part of a day to three or more persons who require such services, are 18 years of age or older, and are unrelated by blood or marriage to the owner or operator. Basic services include providing a protective setting that is as noninstitutional as practicable, therapeutic programs of social and health activities and services, leisure activities, self-care training, rest, nutritional services, and respite care. Accessory uses include recreational facilities, food preparation and dining areas, and offices and storage facilities used by supervisory staff.

Adult Theater

An enclosed building or enclosed space within a building that is used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and that restricts or purports to restrict admission only to adults.

Adverse Impact

A significant negative impact to land, water, associated resources or public facilities resulting from development. The negative impact includes increased risk of flooding; degradation of water quality; increased sedimentation; reduced groundwater recharge; negative impacts on aquatic organisms; negative impacts on wildlife and other resources; inadequate capacity for traffic, potable water, wastewater, police, fire, and EMS services and threatened public health.

Aggrieved or Adversely Affected Party

Any person or local government that will suffer an adverse effect to an interest protected or furthered by this Code and the city's decision on the application for a development permit being considered, including interests related to: health and safety; law enforcement and fire protection service systems; densities or intensities of development; transportation facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse impact may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer, or applicant for a development order.

Air Park Obstruction

A development permit for the construction or alteration of an existing or proposed object, terrain, or structure that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C and which is reviewed and decided by the Planning and Zoning Board in accordance with Section 155.2420, Air Park Obstruction

Aircraft or Aviation Equipment Sales or Rental

The use of land or structures for the display and sale or lease of aircraft or aviation equipment.

Alcoholic Beverage

Any beverage containing more than one percent alcohol by weight.

Alcoholic Beverage Establishment

Any facility that sells or provides alcoholic beverages to be consumed on or off the premises.

Alcoholic Beverage Sales as an Accessory Use to a Brewery, Winery, or Distillery

The accessory retail sales of beer, wine or liquor at the same location where the beverage is manufactured, including for consumption on the premises and for consumption off the premises.

All Wholesale Uses

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor's materials or office or retail sales of business supplies/office equipment.

Alley

A right-of-way or accessway providing a secondary means of access and service to abutting property.

Amateur Ham Radio Antenna

An antenna, or any combination of a mast or tower plus an attached or mounted antenna, that transmits noncommercial communication signals and is utilized by an amateur radio operator licensed by the Federal Communications Commission.

Ambulatory Surgical Center

An ambulatory surgery center (ASC) is a State licensed facility not part of a hospital with the primary purpose of providing elective surgical care. Patients who choose to have surgery in an ASC arrive on the day of their procedure and, following their post-operative recovery, are discharged from the facility the same business day, with no overnight stays permitted. ASCs treat only patients who have already seen a healthcare provider and selected surgery as the appropriate treatment. Physician’s offices, hospitals and free-standing emergency rooms are not ASCs and are regulated separately by the Code.

Amphitheater

See "Arena, Stadium, or Amphitheater."

Amusement Arcade

An establishment providing multiple machines or devices (mechanical or electronic) that, upon insertion of a coin or similar object or payment of a consideration, may be operated by the general public as a game, entertainment, or amusement. Such machines and devices include video games, pinball machines, mechanical grab machines, pool tables, foosball tables, and other games of skill or scoring. This use does not include any machines or devices regulated under state gambling laws.

Anchor Store

Any retail establishment in a shopping center that does not have a drive-through facility, contains at least 10,000 square feet of net floor area, and draws customers generating business for other stores in the shopping center. There may be more than one anchor store in a shopping center.

Animal Grooming

Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.

Animal Shelter or Kennel

Facilities used to house and care for more than four dogs, cats, or other animals. The facility may be owned, operated, or maintained by a public body or an established humane society or other private or nonprofit organization for the care of stray, homeless, abandoned, or neglected animals. Alternatively, the facility may be privately owned and used for the breeding and grooming of animals.

Annexation

The adding of real property to the boundaries of an incorporated municipality. Such a real property addition makes such real property in every way a part of the municipality.

Antenna, Directional (or Panel)

A telecommunications facility antenna or array of such antennas that is designed to concentrate signals in a particular area or direction.

Antenna, Microwave

A dish-like telecommunications facility antenna that is designed to transmit and receive short wavelength microwave signals.

Antenna, Omni-Directional (or Whip)

A cylindrical telecommunications facility antenna that is designed to be equally effective in transmitting and receiving signals in all directions (360 degrees).

Antique Shop

An establishment primarily engaged in selling antiques—i.e., a work of art, piece of furniture, decorative object, collectible object, or other item having special value because of its age, rarity, and/or association with a past era. This use does not include thrift or consignment shops.

Appeal

An appeal of a final decision of the Development Services Director or a decision-making body, and that is reviewed and decided in accordance with Section 155.2424, Appeal.

Applicant

The owner of land, or the authorized representative of the landowner, applying for a development permit.

Application or Apply

The actual physical deposit of fertilizer on turf or landscape plants.

Application for a Development Permit

The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the appropriate city department, board, or commission as part of the review for a development permit authorized under this Code.

Applicator

Any person who applies fertilizer on turf and/or landscape plants in Pompano Beach.

Arboretum or Botanical Garden

A garden or place where trees, shrubs , or other woody plants are grown, exhibited or labeled for scientific, educational, or passive recreational purposes, not including the harvest of plants or their produce.

Architectural Features

Building components attached to or part of a facade and consisting generally of projections intended to provide architectural character and facade articulation.

Architectural Treatment

The provision of architectural and/or landscape elements on a facade which serve to visually screen non-active uses.

Architectural Lighting

Exterior lighting that is designed to highlight structures, plantings, or significant architectural features in a direct or indirect fashion.

Arena, Stadium, or Amphitheater

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings. Such uses may or may not include lighting facilities for illuminating the field or stage area, concessions, parking facilities, and maintenance areas.

Art Gallery

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Art, Music, or Dance Studio

An establishment consisting of workspace primarily used by one or more artists, artisans, photographers, or musicians for the production of visual and performing art. This use does not include formal instruction, which is considered a Specialty Arts School.

Assessed Value

The monetary value that a parcel of land, portion of land, improvement on land, or other commodity is assigned by the Broward County Property Appraiser's office for the purposes of taxation.

Assisted Living Facility

State-licensed building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. An Assisted Living Facility that does not function in accord with the definition of "Community Residence" in this Code is not a community residence.

Athletic Field

Outdoor area designed for athletic competitions and training for field sports such as soccer, baseball, football, and similar sports requiring outdoor fields. Associated accessory uses may include club houses, shelters, bleachers, restrooms, concessions, parking, equipment storage, irrigation system, and athletic equipment.

Auction House

An establishment that is primarily engaged in the public sale of goods, wares, merchandise, or equipment to the highest bidder. This use type does not include public sales of livestock or motor vehicles.

Audio and Visual Recording and Production

A facility primarily engaged in the staging and recording, producing, or producing and distributing, of audio and/or video products, including but not limited to motion pictures, videos, television programs, television commercials, digital media, or music.

Auditorium or Theater

A building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside an enclosed structure typically limited to a capacity of 500 or fewer seats. This use does not include motion picture theaters.

Auto-Oriented Use

Uses which include, but are not limited to, large surface parking lots (other than park and ride facilities for transit connections), gas stations, auto repair/service, car washes, auto/truck/trailer/boat sales, auto/truck/trailer/boat storage, auto/truck/trailer/boat rentals/leasing, self/equipment storage; "big box"/warehouse, single family detached dwelling units ; two-family dwelling, drive-through or drive-in facilities and similar uses that, by their nature, are built with special accommodations for service directly to the automobile or the occupants of automobiles and require the extensive use of automobiles as part of their primary function.

Automated Teller Machine (ATM)

A mechanized device operated by or on behalf of a bank or financial institution that allows customers to conduct automated banking or financial transactions. Where an ATM is provided at the site of a bank or financial institution for use by customers in motor vehicles, the ATM is considered a drive-through service accessory use. At other locations, an ATM may be considered a separate accessory use to the principal use(s) of the location.

Automobile

A usually four-wheeled motor vehicle designed for passenger transportation.

Automobile/Light Truck Rental Use 

A use which consists of premises on which automobiles and light trucks in operating condition are displayed for rental.

Automotive Painting or Body Shop

A facility providing collision repair and painting services for automobiles, pick-up trucks, or trailers, including bodywork, framework, welding, and major painting and undercoating work.

Automotive Parts Sales With Installation

The on-site sale and subsequent installation of various automobile parts and accessories, including but not limited to tires, mufflers, brakes, batteries, audio systems, and lubricants such as engine oil. Such uses do not include the sale of gasoline or other fuels.

Automotive Parts Sales Without Installation

A use which consists of the retail sale of various automobile parts and accessories, including but not limited to tires, brakes, batteries, audio systems, and lubricants such as engine oil. This use does not include the sale of gasoline or other fuels. This use does not include installation.

Automotive Repair and Maintenance Facility

An establishment primarily engaged in providing repair and maintenance services for automotive vehicles such as passenger cars, sports utility vehicles, pickup and other light trucks, small vans, and motorcycles. The use includes oil change and lubrication shops (which primarily engage in checking and changing motor oil and lubricating the chassis of automobiles), automotive glass shops (which primarily engage in replacing, repairing, and/or tinting the windows and other glass in automobiles), and general automotive repair garages or shops (which primarily engage in providing a wide range of mechanical and electrical repair and maintenance services for automotive vehicles, including diagnosing, rebuilding, or reconditioning of engines and other mechanical and electrical systems). This use does not include automotive painting or body shops or establishments primarily engaged in the repair and servicing of large trucks, recreational vehicles, and trailers (which typically have greater impacts on adjacent properties), or tire sales and mounting, muffler/transmission sales and installation, and automotive parts and installation uses (which combine retail sales with installation and servicing of automotive components).

Automotive Wrecker Service

An establishment operated for the purpose of temporary storage on-site of towed and recovered motor vehicles, including operable, wrecked or inoperable motor vehicles. If an establishment regularly stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage and junkyard.

Aviation Related Uses

Facilities for the following uses: landing and take-off of aircraft (commonly referred to as an airport), housing and storage of aircraft, aircraft flight instruction, aircraft fuel sales, aircraft repair or servicing, and services to aircraft passengers and users.

Awning

An exterior shading device attached to and supported entirely from a building facade that projects outward from the facade, commonly above (and sometimes to the side of) a window or door to block or minimize direct sunlight reaching the window or door. An awning may also overhang and provide shelter to people using sidewalks and outdoor seating areas. An awning may be a basic awning made up of opaque or translucent nonrigid materials except for the supporting framework, or may be a horizontal or vertical louvered awning.

Figure: Awning

Balcony

An exterior platform at an opening in a building facade (generally a door opening in the upper floors of the facade), which is enclosed by a railing, balustrade, or parapet. An outset balcony projects out from the building facade and may or may not be covered by a roof. An inset balcony is indented into the volume of the building. A Juliette balcony is a false balcony—essentially a door opening on an upper floor with a railing that allows for better views and ventilation than a window, but does not provide exterior space.

Figure: Balcony

Bandshell or Outdoor Stage

An open air structure used or designed for the viewing of musical, theatrical or other entertainment performances.

Bank or Financial Institution

An establishment that provides retail banking services, mortgage lending, credit union services, or similar financial services to individuals and businesses. Accessory uses may include automated teller machines (ATMs) and facilities providing drive-through service. This use does not include a business commonly referred to as a check cashing store or payday loan store.

Bar or Lounge

An establishment having as its principal or predominant use the serving of alcoholic beverages (e.g., beer, wine, or liquor) for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such use is derived from alcoholic beverage sales, and the secondary source from the serving of food. This use includes bottle clubs, as defined in Chapter 561 of the Florida Statutes, in which patrons consume alcoholic beverages they bring onto the premises. A bar or lounge is an alcoholic beverage establishment.

Battery Exchange Station

A facility that enables an electric vehicle with a swappable battery to use a drive-through lane and exchange a depleted battery for a fully charged battery through a fully automated process.

Bed and Breakfast Inn

A state-licensed private single-family dwelling engaged in renting one or more lodging units on a daily basis and providing breakfast.

Beer or Wine Store

An alcoholic beverage establishment licensed by the state exclusively for the retail sale of beer and/or wine in sealed containers for consumption off the premises where sold. A beer or wine store may be considered a specialty store if the establishment emphasizes a single unique type of specialty beer or wine not readily available at a grocery or convenience store, such as beer or wine made from craft or microbreweries or wineries, or beer or wine from a specific geographic region.

Berm

An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.

Best Management Practices for Fertilizer

Means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable, including economic and technological considerations for improving water quality, conserving water supplies and protecting natural resources.

Bike Lane

A designated area within a street roadway or other vehicular accessway that is reserved for bicycle travel and separated from the rest of the roadway or vehicular accessway by painted lines or other pavement markings.

Bike Path

A designated accessway reserved for bicycle travel that is not within a street roadway or other vehicular accessway. A bike path may be within a greenway or may parallel a street or other vehicular accessway, but are typically separated from them by landscaping.

Bike Rack

A stand used for mounting and securing bicycles when not in use.

Billboard

An outdoor sign structure that is not designed or used to advertise a business, commodity, goods, service, entertainment, or attraction offered or existing on the premises where the sign structure is located, or for purposes otherwise related to the premises where the sign structure is located.

Block

An area of land surrounded by any combination of streets, parks, railroads, water bodies, or other similar physical features that form a barrier to the continuity of development.

Block Face

The lands abutting one side of a block—that is abutting one side of a street and lying between the two nearest intersecting streets, parks, railroads, water bodies, or undivided land.

Boat

Any watercraft used or capable of being used as a means of transportation on water.

Boat Dry Storage Facility

A facility used for the on-land storage of boats, other watercraft, and marine equipment. This use type is further divided into those facilities where all boat storage occurs within a fully enclosed building and those that where it does not.

Boat Manufacturing

A facility primarily engaged in the manufacturing and production of boats, marine engines, or marine equipment.

Boat or Marine Parts Sales and Installation

The on-site sale and subsequent installation of various boat or marine parts and accessories—including, but not limited to, engine parts, electronics, navigation systems, anchors, propellers, steering systems, sailing gear, audio systems, safety and flotation gear, and water sports and fishing gear.

Boat or Marine Parts Sales Without Installation Use

The retail sale of various boat or marine parts and accessories—including, but not limited to, engine parts, electronics, navigation systems, anchors, propellers, steering systems, sailing gear, audio systems, safety and flotation gear, and water sports and fishing gear. This use does not include installation, which is considered Boat or Marine Parts Sales and Installation.

Boat or Marine Repair and Servicing

A business that focuses on the repair or maintenance of boats, marine engines, or marine equipment. This use type is further divided into those facilities where all repair and maintenance activities occur within a fully enclosed building and those that where they do not.

Boat Sales or Rental

Premises on which new or used boats are displayed for sale, lease, or rental.

Boat Towing Service

A use providing for the on-water towing of disabled boats, either from a point of breakdown on the water to a docking facility, or from a docking facility to a boat repair and servicing facility. The use may also include the provision of battery jumpstart service or delivery of fuel, engine fluids, and basic engine parts as necessary to avoid a tow, as well as ungrounding assistance.

Book or Media Shop

A retail store that sells or rents books, magazines, other periodicals, videos, discs, and other printed or graphic media. This use type does not include adult book or video stores, which sell sexually-oriented media.

Bowling Alley or Skating Rink

An indoor establishment providing bowling lanes for the sport of bowling or facilities for participant skating (ice or roller). Accessory uses may include equipment rental, snack bars, and the like.

Brewpub

An alcoholic beverage establishment that produces up to 10,000 kegs (or 155,000 gallons) of fermented malt beverages annually in a single location, primarily for consumption on the premises. Such establishments are licensed by the state as both manufacturers and vendors of malt beverages. This use may also offer food for onsite consumption. If an establishment produces more than 10,000 kegs (or 155,000 gallons) of fermented malt beverages annually, it shall be considered a food and/or beverage products manufacturing use.

Broward County Land Use Plan

The future land use plan element for all of Broward County adopted by the Broward County Commission in conformance with the requirements of the Broward County Charter and the Local Government Comprehensive Planning and Land Development Regulation Act.

Broward County Trafficways Plan

The plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter, which depicts a network of trafficways for Broward County (also known as the Broward County Planning Council Trafficways Plan).

Brownfield Area, Designated

An area of land designated by the City Commission as a brownfield area in accordance with the Florida Brownfield Redevelopment Act.

Brownfield Site

Real property where expansion, redevelopment, or reuse may be complicated by actual or perceived environmental contamination and for which a brownfield site rehabilitation agreement has been executed in accordance with the Florida Brownfield Redevelopment Act.

Buffer, Perimeter

An area of land along the perimeter of a development site that contains any combination of vegetative materials, berms, fences, and walls, and provides separation and screening to minimize potential adverse impacts between the development and dissimilar development on abutting property.

Build-to Zone

The area on a lot located between the minimum and maximum setbacks.

Building

Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, good, or materials of any kind or nature.

Building Code

The Florida Building Code, as adopted and modified pursuant to Chapter 14 (Buildings) of the Code of Ordinances .

Building Design

A development permit that is reviewed and decided by the Architectural Appearance Committee or Development Services Director in accordance with Section 155.2408, Building Design.

Building Elevation

The front, side, or rear of a building or structure.

Building Facade

See "Facade"

Building Frontage Percentage

The percentage of a building facade that is generally parallel, facing, or oriented toward a street and that lies within the minimum and maximum setback area allowed and shall include a principal building and active uses.

Building Line

A line used to determine permitted locations of fences, walls, and hedges in the TO District. It is a line running parallel to a lot line, which is the same distance from the lot line as the closest portion of a building on the site.

Figure: Building Line

Building Official

The Building Official of the City of Pompano Beach.

Building Permit

An official document or certification that is issued by the Building Official pursuant to the Building Code and authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure as being in compliance with Building Code standards.

Building, Heating/Air Conditioning, Plumbing, or Electrical Contractor's Storage Yard

A use involving the outdoor storage of materials, supplies, and equipment by building, heating, plumbing, electrical, or other development contractors as the principal use of a lot. Accessory uses may include offices.

Business Service Center

An establishment primarily engaged in providing a range of office support services, such as document copying services, facsimile services, word processing services, on-site personal computer rental, office product sales, and mailing services.

Canopy, Vehicular Area

A permanent but not completely enclosed structure that may be attached or adjacent to a nonresidential building for the purpose of providing shelter to people or automobiles, or a decorative feature on a building wall. This use is typically associated with gas stations and drive through facilities.

Car Wash or Auto Detailing

An establishment providing the washing of exterior of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Interior cleaning and/or drying may be conducted manually by the vehicle operator or on-site attendants.

Carport

See Garage or Carport.

Cement Concrete Batching Plant

An establishment primarily engaged in manufacturing or mixing cement, concrete, and cement and concrete products delivered to a purchaser in a plastic or unhardened state.

Cement Concrete or Brick Products Manufacturing

An establishment primarily engaged in manufacturing portland, natural, masonry, or other hydraulic cements; or in manufacturing concrete block, pipe, brick, or other concrete products; or in manufacturing brick, clay tiles, ceramic tiles, clay pipes, and other structural clay products.

Cemetery or Mausoleum

Uses intended for the burial of the dead and dedicated for cemetery purposes. This use type may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault lined with recesses for cinerary urns), but does not include a crematory.

Certificate of Appropriateness

A development permit authorizing development of property listed on the Local Register of Historic Places and that is reviewed and decided by the Historic Preservation Committee or Development Services Director in accordance with Section 155.2409, Certificate of Appropriateness.

Certificate of Occupancy

A document issued by the Building Official pursuant to the Building Code that allows the occupancy and use of building(s) and structure(s) and certifying that said building(s) and structure(s) and use(s) have been constructed and will be used in compliance with all applicable municipal codes.

Change in Use

The change in the use of a structure or land from one use to another use listed in the table of uses as a permitted use. A mere change in use requires a Zoning Use Certificate.

Check Cashing or Payday Loan Store

An establishment subject to regulation by F.S. Chapter 560, Money Services Businesses, and that provides check cashing and/or deferred presentment transactions.

Child Care Facility

A place or child care arrangement, other than an occupied residence, that is licensed by Broward County's Child Care Licensing and Enforcement Section per the Broward County Child Care Ordinance (Chapter 7), as amended, that provides care for more than five children unrelated to the operator and that receives a payment, fee, grant, or some other form of compensation for any of the children in child care, whether or not operated for profit. A child care facility can include a before and/or after care program. A child care facility includes public school programs referenced in Section 402.3025(1)(b), Florida Statutes. A child care facility does not include arrangements exempted from licensure. Arrangements exempt from licensure include the following:

   a.   Public school programs referenced in Section 402.3025(1)(a), Florida Statutes;

   b.   Summer camps having children in full-time residence;

   c.   Bible or other religious schools normally conducted during vacation periods and sponsored and supervised by a recognized religious group or institution;

   d.   Summer day camps for school age children;

   e.   Operators of transient public lodging establishments, as defined in Chapter 509, Florida Statutes, that provide child care services solely for the guests of their establishment (Such child care is subject to the personnel screening requirements of the Broward County Child Care Ordinance.);

   f.   Drop-in child care (as defined in this section); and

   g.   All programs that provide child care exclusively for children grades six and above, regardless of location.

Accessory uses include recreational facilities, food preparation and eating areas, and offices and storage facilities used by supervisory staff. This use does not include family child care homes, which are accessory uses to a dwelling.

City

The City of Pompano Beach, Florida.

City Clerk

The City Clerk of the City of Pompano Beach.

City Commission

The elected legislative governing body of the City of Pompano Beach.

Civic Center

A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption. Similar structures with a capacity of less than 500 people constitute conference centers or training centers.

Clear Trunk

The lower portion of a tree trunk maintained free of any branches, measured from the ground up to the first branch.

Clothesline

A cord, rope, or wire stretched between two points above ground level on which clothes are hung to dry or air.

Clubhouse

A building or room used for social or recreational activities by members of a club (e.g., golf course clubhouse) or occupants of a residential or other development.

Coastal High Hazard Area

The land and water eastward of the Atlantic Intracoastal Waterway to the Atlantic Ocean, including any coastal protection structures.

Cobra Head Lights

A street light fixture that when viewed from beneath they resemble a cobra's flared neck.

Figure: Cobra Head Light

Code of Ordinances

The City of Pompano Beach, Florida, Code of Ordinances.

Cold Storage Facility

A building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of freezing food products or storing frozen food products.

Collector Car

An automobile which qualifies for antique vehicle registration per FL SS 320.086, or is owned and operated solely as a collector's item; and has been restored to current maximum professional standards of quality in every area or perfect original condition with all components operating and appearing as new.

College or University

An institution that is part of the Florida College System, State University System, or a nonpublic postsecondary education institution subject to licensure by the Commission for Independent Education, except for institutions whose curriculum is focused on specialty trades or vocational education. A college or university includes the administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, fraternities and sororities, and other facilities which further the educational mission of the institution. In no event shall this definition prohibit a college or university from engaging in an activity historically conducted by such institutions.

Colonnade

A roofed structure, extending over a private walkway, open to the street and sidewalk except for supporting columns or piers.

Commercial Container

Commercial containers include, but are not limited to, garbage dumpsters and compactors, cardboard receptacles and compactors, large recyclable containers, grease/oil tanks and garbage cans and carts.

Commercial Development

Development whose primary use(s) is one (or more) of the principal use categories and use types listed under the Commercial Use classification in the use tables in Article 3: Zoning Districts, and as described in Section 155.9301.F, Commercial Use Classification.

Commercial Fertilizer Applicator

Any person who applies Fertilizer for payment or other consideration to property not owned by the person or firm applying the Fertilizer or the employer of the Applicator.

Commercial Lettering

Letters, numbers, logos, and/or symbols affixed to a motor vehicle or trailer that advertise or identify a trade, business, industry, or other for-profit activity, or a product, commodity, or service. Commercial lettering does not include registration or license numbers and other such information required to be posted by law, bumper stickers on bumpers, or brand name decals or plates.

Commercial Vehicle

Any motor vehicle or trailer that has attached to it or visible on its exterior or in an open bed any of the following: commercial lettering; tools; building materials; merchandise; ladders; pipes; racks; emergency flashing or rotating lights; or altered or removed toolbox.

Community Center

A facility used for recreational, social, educational and cultural activities, open to the public, usually owned and operated by a public or nonprofit group or agency. Accessory uses include recreation facilities, meeting rooms, and offices and storage facilities used by staff. This use does not include senior centers or youth centers, which are treated as separate uses.

Community Garden

A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than 1 person, household, or family. Community gardens may be divided into separate plots for cultivation, or may be farmed collectively by members of a group, and may include common areas maintained and used by group members.

Community Residence

Except as required by state law, a community residence is a residential living arrangement for up to ten 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; medical treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component.

A "community residence" occupied by four to ten unrelated individuals with disabilities can be a "family community residence" or a "transitional community residence."

To house more than ten unrelated people in a community residence, the owner or operator of the community residence may apply for a reasonable accommodation in accord with the standards and procedures established in Section 155.2432.D.3. of this Code, except as required by State law.

A community residence shall be considered a residential use of property for purposes of all city codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor any halfway house, recovery community, boarding or rooming house, lodging house, short-term rental or other use as defined in this Code. Community residences include, but are not limited to, those residences that comport with this definition that are 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, and functional family recovery residences certified by the state's designated credentialing entity established under F.S. § 397.487.

Per state law, community residences for people with developmental disabilities located in a "planned residential community" as defined by F.S. § 419.001(1)(d), are exempt from the spacing requirements between community residences established in this Code.

To implement this Code, an application that the City of Pompano Beach designates must be completed in full and submitted to the Director of Development Services prior to occupancy or construction of the proposed community residence to determine whether the proposed community residence is a permitted use or requires a special exception, to determine the maximum number of occupants allowed under city code provisions that apply to all residential uses, and to identify whether any further accommodation is needed in accord with Section 155.2432, Reasonable Accommodation of this Code.

Comprehensive Plan

The Comprehensive Plan of the City of Pompano Beach, including the elements or portions thereof, as adopted and amended by ordinance of the City Commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act.

Condo Hotel

A condo hotel is a hotel comprised of lodging units that are owned by an individual, corporation, or any other legal entity having an ownership interest under condominium form of ownership, and is part of a condominium property or parcel and the building contains individual lodging units which may be occupied on a limited basis by the lodging unit owner, but whose primary purpose is a visitor accommodation use. Each room which is accessible by a lock-out key is considered a separate lodging unit for purposes of Zoning and Land Use. On any parcel designated Residential on the Future Land Use Map, for density purposes two lodging units shall be equal to one dwelling unit and the maximum number of dwelling units permitted for the parcel of land will be calculated based on the gross area of the property.

Conference or Training Center

A facility designed to accommodate fewer than 500 persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

Conforming Use

Any lawful use of a building, structure, or parcel of land that complies with the provisions of this Code.

Consignment Boutique

A retail establishment engaged in selling used non-donated, second-hand merchandise, and the merchandise is placed for sale with the establishment by the owner of the merchandise and upon sale of the merchandise the purchase price is divided between the establishment owner and the owner of the merchandise. The establishment shall be limited to one type of merchandise, including but not limited to, clothing and related accessories, children's apparel and furniture, sporting equipment, or furniture and related home furnishings. This use does not include the sale of used guns, used mattresses, or used motor vehicles.

Construction

The erection of any structure or any preparations (including land disturbing activities) for the same.

Construction and Demolition Debris Disposal Facility

A solid waste management facility permitted by the state for the disposal of construction and demolition debris, as provided for in FL SS 403.703.

Continuing Care Retirement Community

An integrated development that offers senior citizens a full continuum of housing options and assistance, ranging from fully independent dwelling units , to assistance with personal care in assisted living facilities , to long-term skilled nursing care in a nursing home facility.

Contractor's Office

A building or portion of a building used by a building, heating, plumbing, electrical, or other development contractor both as an office and for the storage of a limited quantity of materials, supplies, and equipment inside the building. If outdoor storage of materials, supplies, or equipment is associated with the office, the use is considered a contractor's storage yard.

Cornice

Any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

Correctional Facility

A federal, state, or county licensed facility, publicly or privately operated by the Florida Department of Corrections, Broward County, Florida Department of Children and Families, and/or the Federal Bureau of Prisons and shall include the following: prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm, or work release center or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the Florida Department of Corrections; county jails; juvenile detention centers or similar facilities operated by the Florida Department of Children and Families; and residential reentry centers contracted by the Federal Bureau of Prisons.

Corrective Pruning

Pruning that removes one or more trunks to create a stronger, well-structured tree framework.

County

Broward County, Florida.

Courthouse Facility

Buildings and facilities used primarily for the regular adjudication of civil and criminal legal cases, including courtrooms, meeting rooms, and offices for administrative support functions. Accessory uses may include maintenance, storage, secure transfer facilities, holding cells, concessions, and dining.

Courtyard Building Typology

A TO Building Typology that is distinguished by the provision of an open-air courtyard or atrium. The courtyard is enclosed on at least three sides by habitable space and shall provide penetrable openings such as windows and doors between the interior of the dwelling and the courtyard.

Courtyard House Typology

A TO Building Typology that is a multifamily dwelling that is distinguished by the provision of an open-air courtyard or atrium. The courtyard is enclosed on at least three sides by habitable space and shall provide penetrable openings such as windows and doors between the interior of the dwelling and the courtyard.

Figure: Courtyard House

Covered Structures

Non-habitable areas such as storage areas, restroom facilities, vertical circulation access ways, open air structures such as cabanas, gazebos, trellis and other similar structures which accommodate outdoor common areas.

Crematory

A facility containing furnaces for the reduction of dead bodies to ashes by fire.

Cross Access

Vehicular access provided between the vehicular use areas of two or more adjacent development sites or parcels that is intended to allow travel between the sites without the use of a street.

Crown, Tree

The branches, twigs, and leaves that make up the foliage portion of a tree.

Cupola

A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.

Day Labor Service

A business or an establishment that provides, or markets itself as providing, the temporary employment of persons where persons wait at the establishment on a daily basis for work assignments or transportation to work assignments. This definition specifically excludes those services placing employees primarily through telephone contacts that do not involve the waiting of prospective employees on the premises, whether for employment, transportation, or assignment.

DBH (Diameter at Breast Height)

The measurement of the diameter of a tree trunk over ten inches in diameter, taken at a height of four-and-one-half feet above the ground. Trees with multiple tree trunks should be treated as multiple trees and the DBH of each trunk added to the aggregate diameter measurement.

Demolition

The intentional dismantling or tearing down of all or a part of a structure and all operations incidental thereto.

Demolition by Neglect

Conditions of neglect in the maintenance of a properties listed on the Local Register of Historic Places that constitute or substantially contribute to deterioration threatening the structural integrity of structures or architectural details important to the property's historic, prehistoric, architectural, or cultural character, as determined by the Historic Preservation Committee (HPC) in accordance with Section 155.8304.D, Demolition by Neglect for Properties Listed on Local Register of Historic Places.

Designated Open Space

An outdoor, at-grade space dedicated to the public and including greens, squares, and plazas as indicated on the TO Overlay District’s Designated Open Space and Greenway System Plan.

Destroy/Effectively Destroy

Pruning or other action that causes or results in the death of a tree, or that causes irreparable damage and permanent disfigurement to the natural habit of growth of a tree such that, even with re-growth, the tree will never regain the original characteristics of its tree species. Actions that may effectively destroy a tree include, but are not limited to: damage inflicted upon the root system by heavy machinery; excessive trimming; changing the natural grade above the root system or around the trunk; application of herbicides or other chemical agents, intentional fire damage, or other damage to the tree that permits infection or pest infestation; the infliction of a trunk wound that is 50 percent or greater to the circumference of the trunk; or the removal of sufficient canopy to cause the decline of the tree.

Developer

Any person, including a governmental agency, undertaking development.

Development

"Development" has the meaning given it in Section 380.04, Fla. Stat.

Development Agreement

An agreement entered into between the city and a landowner in accordance with Section 155.2428, Development Agreement.

Development Order

Any order granting, denying, or granting with conditions an application for a development permit.

Development Permit

Any building permit, zoning permit, plat approval, or rezoning, certification, variance, special exception, subdivision approval or other action having the effect of permitting development.

Development Services Director

The Development Services Director of the City of Pompano Beach or a designee.

Diameter at Breast Height (DBH)

The diameter of the trunk of a tree measured at breast height (four and one-half feet above the natural grade). The DBH of trees with multiple trunks is the sum of the individual trunk diameters at breast height. Trees with less than four and one-half feet of clear trunk are measured as the diameter of the largest vertical branch or leader at breast height.

Disability

A disability is a physical or mental impairment that substantially limits one 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 nor individuals who constitute a direct threat to the health and safety of others.

District, Zoning

An area delineated on the Official Zoning Map which sets forth standards and guidelines for all development within the prescribed district.

Dock

A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This accessory structure does not include a fishing pier or a boathouse.

Docking Facility

A fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels on a commercial basis. This use type is further divided into facilities that provide docking for recreational boats only, those that provide docking for commercial fishing boats, and those that provide docking for barges.

Dormitory (As An Accessory Use To An Educational Use)

A building operated by and affiliated with a permitted Education Use that provides group sleeping accommodations with or without meals.

Dripline

The outside end of branches of a tree or shrub projected vertically to the ground.

Drive-Through Service

The provision of products or services to customers who remain in their vehicles, whether through a window or door in a building, a machine in a building or detached structure (e.g., ATM), or via a mechanical device (e.g., a pneumatic tube system). In addition to the pick-up window or door, drive-through service facilities also may include remote menu boards and ordering stations. Use types that commonly have drive-through service include banks or financial institutions, restaurants , specialty eating or drinking establishments, and drug stores or pharmacies.

Driveway

A private accessway providing access between a street and origin and destinations points within an adjacent property.

Drop-In Child Care

An occasional child care arrangement within a shopping mall or business establishment, the sole purpose of which is to provide babysitting for no more than a four-hour period while the parent remains on the premises. (Drop-in child care is subject to the licensing requirements of the Broward County Child Care Ordinance (Chapter 7 of the Broward County Code of Ordinances), as amended.)

Drug Store or Pharmacy

A freestanding establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Dry Cleaning or Laundry Drop-Off Establishment

A commercial establishment maintained for the drop off and pick up of clothes for off-site laundering or dry cleaning, without the operation of any laundry or dry cleaning equipment on the premises.

Dwelling

A building, part of a building, or combination of buildings, located on a single lot or development site (in the case of townhouses), used or designed to be used primarily as living quarters for one or more families. Not included are continuing care retirement communities, rooming or boarding houses, assisted living facilities that do not comport with the definition of a community residence, nursing home facilities, shelters or halfway houses, or visitor accommodation uses.

Dwelling Unit

A room or combination of connected rooms within a dwelling that constitutes a single and separate habitable unit that contains independent living, sleeping, and sanitation facilities (and may or may not contain cooking facilities), and that is used or designed for occupancy on a weekly or longer basis by only one family. The term "dwelling unit" shall also include a habitable unit licensed by the state to provide a family living environment and care for a group of six or fewer unrelated persons who meet statutory definitions of a frail elder (Fla. Stat. § 429.65), physically disabled or handicapped person (Fla. Stat. §760.25), developmentally disabled person (Fla. Stat. §393.063), nondangerous mentally ill person (Fla. Stat. §394.455), child determined to be dependent (Fla. Stat. §39.01 or §984.03), or child in need of services (Fla. Stat. §984.03 or §985.03), and that may include such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Dwelling Unit, Efficiency

A dwelling unit containing only one combined living, eating, and sleeping room. It usually has a separate bathroom and may have room with kitchen facilities.

Dwelling, Live/Work

A structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.

Dwelling, Mobile Home

A structure, transportable in one or more sections, that is at least 8 feet wide and 35 feet long (with the hitch), is built on an integral chassis, includes plumbing, heating, air-conditioning, and electrical systems, and is designed to be used as a single dwelling unit when connected to required utilities.

Dwelling, Multifamily

A dwelling containing three or more dwelling units . Units may be located side by side in a horizontal configuration and/or stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings. Multifamily dwellings include apartment, townhouse , and residential condominium developments.

Dwelling, Single-Family

A single detached dwelling, other than a mobile home, containing a single dwelling unit on a single lot.

Dwelling, Single-Family-Zero Lot Line

A single-family dwelling located on a lot in such a manner that one of the dwelling's sides rests directly on a side lot line. Single-Family (Zero Lot Line) Dwellings are developed in a multi-unit configuration and is therefore considered a multifamily dwelling for purposes of density and intensity. However for purposes of parking, landscaping, and other development standards, Single-Family (Zero Lot Line) Dwellings is considered a single-family dwelling.

Dwelling, Two-Family

A single detached dwelling containing two dwelling units . The units may be located side by side in a horizontal configuration and/or stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings. A two-family dwelling may be referred to as a "duplex."

Dwelling, Mixed Use

A dwelling unit located on the second floor or higher of a building with nonresidential uses located on the ground or street level.

Easement

A grant by a landowner to another landowner or to the public, for the right to occupy or use designated land for specific purposes, such as access, drainage, conservation, the location of public improvements, or other specified purpose. An easement does not constitute fee simple ownership of the land.

Eating and Drinking Establishment (As An Accessory Use)

A bar or lounge, brewpub, hall for hire, nightclub, restaurant, or specialty eating or drinking establishment on the site of a hotel. This use also includes brewpubs, restaurants, or speciality eating or drinking establishments that are accessory to any principal use in the PR District.

Eave

The projecting lower edge of a roof that overhangs the wall of a building.

Educational, Scientific, or Industrial Research and Development

A facility that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Electric Motor Repair

An establishment that repairs large electric motors for compensation.

Electric Vehicle (EV)

A vehicle that operates, either partially or exclusively, on electric energy stored in the vehicle's batteries. "Electric vehicle" includes a vehicle operating exclusively on electrical energy from its batteries (battery electric vehicle, or BEV), or a vehicle that is powered by both an internal combustion engine and an electric motor operating on electrical energy from on-board batteries charged primarily through connections to the electric grid or other off-board electrical source (plug-in hybrid electric vehicle, or PHEV).

Electric Vehicle (EV) Level 1 or 2 Charging Station

An electric vehicle (EV) level 1 or 2 charging station is a vehicle parking space that is served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy, by conductive or inductive means, from the electric grid or other off-board electrical source to a battery or other energy storage device within an electric vehicle. A Level 1 charging station is a slow charging station that typically operates on a 15- or 20-amp breaker on a 120-volt Alternating Current (AC) circuit. A Level 2 charging station is a medium charging station that typically operates on a 40- to 100-amp breaker on a 208- or 240-volt Alternating Current (AC) circuit.

Electric Vehicle (EV) Level 3 Charging Station

An electric vehicle (EV) level 3 charging station is a vehicle parking space that is served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy, by conductive or inductive means, from the electric grid or other off-board electrical source to a battery or other energy storage device within an electric vehicle. A Level 3 charging station is an industrial grade charging station that operates on a high-voltage circuit to allow for fast or rapid charging.

Employment Agency

An establishment that finds jobs for people seeking them and finds people to fill particular jobs offered by employers.

Encroachment

The maximum allowed projection of a building element beyond the minimum setback or into an adjacent public right-of-way.

Escort

Any person who for commercial or pecuniary gain, compensation or tips, agrees to, offers to go, or goes to any place to act as a companion or date for, or converse with a customer. Nothing in this definition shall be construed to legalize prostitution or other conduct prohibited by this code or any other law.

Escort Service or Escort Agency

A person, business, establishment or place operated for commercial or pecuniary gain, which provides escorts, private models; or offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer.

Expansion

An increase in the size of an existing structure or use, including the physical size of the land, building, parking, and other improvements or structures.

Exterior Features

The color, kind, texture of the building material and the type and style of all windows, doors and appurtenances.

Extraction Industries

A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved Site Plan or subdivision or excavations associated with, and for the improvement of, a bona fide agricultural use.

Facade

The entire exterior wall of a building facing a lot line measured from the grade to the eave or highest point of a flat or mansard roof. Facades may be on the front, side, or rear elevation of the building.

Facade Articulation

The provision of architectural features or treatment on a facade.

Fair Market Value

The monetary price that a parcel of land, portion of land, improvement on land, or other commodity will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus.

Family

An individual or two or more persons related by blood, marriage, state-approved foster home placement, or court-approved adoption—or up to three unrelated persons—that constitute a single housekeeping unit. A family does not include any society, nursing home, club, boarding or lodging house, dormitory, fraternity, or sorority.

Family Child Care Home

An occupied residence in which child care is regularly provided for compensation (e.g., payment, fee, or grant)—whether or not operated for profit—for children that come from at least two unrelated families and fall within one of the following groups:

   (a)   Up to four children, where all are under 12 months old;

   (b)   Up to six children, where no more than three are under 12 months old;

   (c)   Up to six children, where all are preschool age (from 13 months to 5 years old); or

   (d)   Up to ten children, where no more than two are under 12 months old and no more than five are preschool age.

The numerical limits above apply throughout the year, and the children counted include those children under 13 years old who are related to the caregiver.

A family child care home does not include use of a private residence for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children (with or without compensation).

Family Child Care Home, Large

An occupied residence in which child care is regularly provided for compensation (e.g., payment, fee, or grant), —whether or not operated for profit—for children that come from at least two unrelated families and fall within one of the following groups:

   (a)   Up to eight children, where all are under 24 months old; or

   (b)   Up to 12 children, where no more than four are under 24 months old.

The numerical limits in paragraphs (a) and (b) apply throughout the year, and the children counted include those children under 13 years old who are related to the caregiver.

A large family child care home does not include a family child care home or use of a private residence for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children (with or without compensation).

Family Community Residence

A family community residence is a community residence that provides a relatively permanent living arrangement for people with disabilities where, in practice and under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in a family community residence on a long-term basis, typically a year or longer. Oxford House is an example of a family community residence.

Farmers' Market

A public market held in a structure or open area where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. A farmers' market as a principal use occurs regularly for all or most of the year, whereas a farmers' market as a temporary use occurs occasionally or periodically for only a limited time period during the year.

Farmers' Market as a Temporary Use

A public market held in a structure or open area occasionally or periodically for only a limited time period during the year, where farmers sell produce and other farm products they have grown, gathered, or raised directly to consumers. This use is distinguished from afarmers' market as a principal use, where the market occurs regularly for all or most of the year.

Fence or Wall

An artificially erected freestanding barrier used to enclose (and protect) an area, restrict or prevent access to an area, to conceal or screen an area, and/or for decorative purposes. A fence may be open or solid and generally consists of wood, metal, concrete, or plastic posts connected by boards, rails, panels, wire, or mesh. A wall is generally solid and consists of masonry, stone, brick, tile, concrete, or plaster. Natural growth barriers such as hedges are not considered fences or walls.

Fenestration

Design and position of windows, entrances, and other structural openings in a building.

Fertilizer

Any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Fertilizing

The act of applying Fertilizer to turf, specialized turf, or Landscape Plants.

Fire or EMS Station

A facility for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas for the storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty.

Fire Protection System

Any fire-alarm or fire-extinguishing device or system designed and installed for detecting, controlling, or extinguishing a fire or otherwise alerting occupants or the fire department that a fire has occurred.

Fire Training Facility

A facility for intensive training of fire protection personnel in firefighting, rescue, fire investigation, and other skills important to fire protection. Such facilities may include fire training towers and other fire simulating facilities and equipment.

Fishing Pier

A facility consisting of a generally open pier used primarily by the general public for recreational or sport fishing or walking. A fishing pier may include enclosures and incidental retail and serve uses (e.g., concessions, bait shop).

Flagpoles

Poles used for flying flags

Flea Market

A market held in an area that is not totally and permanently enclosed or that is located within a structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. The use does not include a farmers' market, where food items predominate, or a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items. This use does not include an indoor mall or marketplace where lessees rent partitioned space on a permanent basis for the sale of new merchandise.

Fleet Automobiles

Vehicles which are part of a total statewide fleet exceeding 5,000 vehicles, that have never been re-sold for consideration to another person or entity, except to a related corporate entity such as a direct or indirect parent, subsidiary, or affiliate.

Flex Building Typology

A TO Building Typology generally of a single massing element designed to respond to changes of function in a flexible way. The flex building is able to accept different internal configurations and easily adapt to its surroundings.

Floor Area

The sum of the gross horizontal areas of each floor of the principal building and any accessory buildings or structures, measured from the exterior walls or from the centerline of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles (e.g., garage) or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.

Floor Area Ratio

The ratio of gross floor area of all buildings on a lot to total lot area .

Florida-Friendly Landscaping

Landscaping principles that include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include planning and design, soil analysis, the use of solid waste compost, practical use of turf, and proper maintenance.

Flush Cut

A pruning cut made too close to, or flush with, the trunk of a tree.

Food and/or Beverage Products Manufacturing (without slaughtering)

An establishment primarily engaged in manufacturing of food and/or beverage products including, but not limited to, products made from livestock or agricultural products; fresh and frozen bread and other bakery products (e.g., cookies, crackers); frozen food products such as ice or ice cream; brewery, winery, or distillery; and nonalcoholic beverages. This use also includes vegetable or fruit packing, fish hatcheries and hydroponic garden facilities.

Foot-Candle

A unit of illuminance on a surface one foot from a uniform point source of light of one candle and equal to one lumen per square foot.

Forecourt

The space between the principal building and the right-of-way way where the building façade is set back and replaced by a low wall at the building line. The forecourt is suitable for gardens and outdoor seating and is required to be fronted by buildings on three sides.

Figure: Forecourt

Fortune-Telling Establishment

An establishment offering the telling of fortunes, forecasting of future events, or the furnishing of information not otherwise obtainable by the ordinary process of knowledge by means of any occult or psychic power, faculty, or force—including, but is not limited to: clairvoyance; clairaudience; cartomancy; phrenology; spirits; tea leaves or other such reading; mediumship; seership; prophecy; augury; astrology; palmistry; necromancy; mind-reading; telepathy; crystal gazing; magic; or other craft art, cards, talisman, charm, potion, magnetized article, or substance.

Fuel Oil or Bottled Gas Distribution

An establishment that distributes fuel oil or bottled gases such as propane or liquid petroleum for compensation.

Fuel Oil Storage

The bulk storage of fuel oil or kerosene for heating purposes in aboveground containers.

Full Cut-Off Lens

An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.

Funeral Home or Mortuary

An establishment that provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home.

Furniture Manufacturing and Woodworking Use

An establishment primarily engaged in the manufacturing of furniture, cabinets, and other wood products, such as windows, doors, moldings, and flooring; or in supplying furniture and furnishing with stiffing, springs, cushions, and covering fabric, or repairing and replacing such upholstery; or in the processing of animal hides into leather by tanning or curing and fabricating the leather into products for consumption.

Gaming Establishment

A state-licensed commercial pari-mutuel facility where patrons participate in a game and wager money or something of value on its outcome of a game—including, but not limited to card games and slot machines. The use is also commonly known as a casino. The use does not include bingo and other games of change operated by charitable, nonprofit, or veterans' organizations, where the net proceeds from conducting such games are used for charitable, civic, community, benevolent, religious, or scholastic works or similar endeavors.

Garage or Carport

A structure used or designed to be used to provide shelter for the parking and storage of motor vehicles or boats. A garage is an enclosed building whereas a carport is a roofed structure open on one or more sides. Garages and carports are commonly attached to and considered part of a dwelling or other principal building, but may also exist as a detached accessory structure.

Gasoline Filling Station

Buildings and premises where gasoline, oils and greases, and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities). This use may also involve the sale of drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operation.

Gazebo

An ornamental garden pavilion, with a covered roof and open sides, constructed of wood, metal, or vinyl. This term also includes a chickee hut, which has a thatched roof of palm or palmetto materials.

General Hospital

A state-licensed institution that provides primary health services and medical or surgical care to humans, primarily inpatients, who are sick or injured, and including as an integral part of the institution, related facilities such as clinical laboratories, outpatient facilities, training facilities, central services facilities, and staff offices. Hospitals offer facilities and beds for use beyond 24 hours by persons needing medical treatment or service.

General Industrial Services

An establishment engaged in the repair or servicing of agriculture, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

Glare

The reflection or harsh, bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf Course

A tract of land laid out with at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. Accessory uses of a golf course may include a clubhouse (with or without eating facilities), shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.

Golf Driving Range

A limited land area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Accessory uses may include a concessions stand, netting, exterior lighting fixtures, putting greens, as well as maintenance and outdoor storage areas. This use does not include a golf course.

Government Administrative Office

A building containing offices of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, employment services, public assistance, or motor vehicle licensing and registration services.

Government Maintenance, Storage, or Distribution Facility

A facility housing government shops, maintenance and repair centers, equipment, and outdoor storage yards.

Grade, Finished

The final elevation of the ground surface after completion of authorized development and associated man-made alterations of the ground surface such as grading, grubbing, fillings, or excavating.

Green Roof

A roof of a structure that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. Green roofs are sometimes known as rooftop gardens.

Greenhouse

A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants.

Greenway

A series of passages and open spaces, primarily in the road right-of-way, intended to form interconnected walkways providing recreation and pedestrian connectivity within a TO District typically featuring landscaped and improved pedestrian and/or bicycle related features.

Grocery or Convenience Store

A retail establishment engaged in the sale of food and foodstuffs, sundries, tobacco products, beer, wine, papers and magazines.

Ground Cover

Low-growing plants other than turf grass that grow in a spreading fashion to form a more or less solid mat of vegetation, generally planted to provide decorative landscaping or permeable cover for bare earth that prevents soil erosion.

Habitable Space

A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, screen enclosures, sunrooms, storage or utility spaces, and similar areas are not considered habitable spaces.

Halfway House

A facility providing transitional housing, including housing on an emergency basis, as well as food, supervision, rehabilitation, and counseling to juvenile or adult persons who have been placed in the facility on release from, or in lieu of, more restrictive custodial confinement under the criminal justice system or to abused and/or homeless persons. A halfway house is not a community residence as defined in this Code.

Hall for Hire

A facility or hall available for lease by private parties to accommodate private functions, and is not open to the general public. The hall may or may not include kitchen facilities for the preparation of food. Private functions can include, but are not limited to, banquets, weddings, anniversaries and other similar celebrations.

Hard Surface

As pertaining to driveways, parking, and loading areas, a durable surface of concrete, asphalt, brick pavers, or similar material—but not including surfaces of dirt, sand, gravel or other loose aggregate.

Hatracking

To sever the leader or leaders, or to prune a tree by stubbing of mature wood.

Hazardous Substances

Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties may be detrimental or deleterious to the health of any person handling or using or otherwise coming into contact with the material or substance; and in accordance with Section 98.13.A of the City's Code of Ordinances , hazardous substances include any substances or materials defined or listed as a hazardous substance, pollutant or a contaminant in any applicable federal or state law or regulation or any substances or materials in a quantity or form which, in the determination of the respective Fire Chief or his/her authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within the City of Pompano Beach. Common examples include acids, ammunition, fertilizer, soap, insecticides, and/or batteries.

Heavy Equipment Establishment

An establishment engaged in the repair, servicing, display, sales, leasing, rental, or storage of heavy equipment of 12,000 or more pounds gross vehicular weight (GVW).

Heavy Truck/Recreational Vehicle/Trailer Rental Use

Premises on which heavy trucks, recreational vehicles, and trailers in operating condition are displayed for rental.

Heavy Truck/Recreational Vehicle/Trailer Repair and Servicing Use 

An establishment primarily engaged in the general repair, rebuilding, or reconditioning of the engines and other parts of heavy trucks, recreational vehicles, and trailers.

Heavy Truck/Recreational Vehicle/Trailer Sales Use

Premises on which new and used heavy trucks, recreational vehicles, and trailers in operating condition are displayed for sale or lease.

Hedge

A group of shrubs planted in line or in groups that forms a compact, dense, visually opaque living barrier that demarcates and/or screens an area from on-site or off-site views.

Height

The vertical distance between the average elevation of the existing or proposed finished grade at the front of a structure to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridge of a gable, hip, cone, gambrel, or shed roof.

Helicopter Landing Facility

An area, either on ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.

High Rise

Nine (9) or more attached dwelling units in a building with nine (9) or more residential stories (exclusive of parking levels).

Historic District

A geographically definable area containing properties possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas that are united historically or aesthetically by plan or physical development—and that is designated by the city through the placement of the district on the Local Register of Historic Places. A historic district may be comprised of individual resources that are separated geographically but are linked by association or history.

Historic Dune Vegetation Line

The landward edge of a concentration of native plant materials located on the ocean beach sand dune, as established by the City Engineer and presented upon a survey photograph map filed with the City Clerk, dated October 14, 1959, and geographically digitized and adopted by resolution, indicating the most seaward edge of lands with historical and engineering stability.

Historic Preservation Design Standards or Guidelines

A document prepared by the Historic Preservation Committee that sets out standards or guidelines the Committee uses to assess the conformity of proposed development associated with historic districts, structures, sites, or objects to this Code's standards and the city's historic preservation policies.

Historic Site

A location where a significant historic event took place, a prehistoric or historic occupation or activity occurred, a primary architectural or historical structure formerly stood, an important archaeological resource remains, or a significant landscape feature exists—and that is designated by the city through the placement of the property on the Local Register of Historic Places.

Historic Structure

A structure of exceptional individual historic or architectural significance, typically outside an historic district, that is designated by the city through the placement of the property on the Local Register of Historic Places.

Home and Building Supply Center

An establishment primarily engaged in selling a general line of new home repair and home improvement materials, supplies, and equipment, such as lumber, plumbing goods, electrical goods, tools, housewares, hardware, and lawn and garden supplies. The use may also include rental of tools and equipment, and home improvement installation services.

Home Based Business

A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, is incidental and secondary to the residential use of the lot and does not adversely and/or perceptively affect the character of the lot or surrounding area. Examples of home based businesses include, but are not limited to, the following: offices of physicians, dentists, lawyers, architects, engineers, contractors, consultants, stock brokers, marketers, bookkeepers, real estate brokers, and insurance agents; electronic and offsite retail; studios of artists, and musicians; sewing, millinery, and dressmaking services; and personal services such as physical therapy by licensed individuals, hairdressing, pet grooming, and the like. Home based businesses do not include such businesses as: family child care homes and large family child care homes (which are separate accessory uses of homes), automotive repair and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; motor vehicles sales including internet-based motor vehicle sales; or any other business that is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties. A home based business does not include a sexually oriented business. A community residence as defined in this Code is not a home based business.

Hotel or Motel

A hotel or motel is a state-licensed building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis. Such uses may include kitchenettes, microwaves, and refrigerators for each lodging unit. Each hotel room which is accessible via a lock-out key shall be considered one lodging unit for purposes of Zoning and Land Use. Accessory uses may include, but are not limited to, restaurants, bars or lounges, nightclubs, conference and meeting rooms, business centers, newsstands, gift shops, sale of tanning products, rental of beach chairs and umbrellas, exercise and fitness facilities, swimming pools, etc., subject to any applicable use-specific standards. This use type does not include condo hotels, bed and breakfast inns, or rooming or boarding houses. Hotels and motels are considered synonymous uses. On any parcel designated for Residential Land Use, the maximum number of lodging units permitted for a hotel or motel is double the maximum number of dwelling units designated for the parcel of land by the City's Land Use Plan Map and calculated as a gross area density calculation.

Impervious Surface

Land surface that does not allow, or minimally allows, the penetration of water. Examples are buildings and nonporous concrete and asphalt pavements.

Income Restricted Units

Units that are restricted to certain income levels and cannot be rented or sold at prices based on what the unrestricted private market will bear.

Indoor Mall or Marketplace

An establishment where parts of a building or buildings are partitioned to provide individual, semipermanent spaces for the sale of goods and merchandise, including new merchandise and antiques, by multiple tenants or lessees.

Industrial Development

Development whose primary use(s) is one (or more) of the principal use categories and use types listed under the Industrial Use classification in the use tables in Article 3: Zoning Districts, and as described in Section 155.9301.G, Industrial Classification.

Infill Development

Land development or redevelopment of vacant or underutilized sites in locations where the surrounding area is generally developed and supporting infrastructure is already in place.

Institutional Applicator 

Any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies Fertilizer for the purpose of maintaining turf and/or Landscape Plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

Institutional Development

Development whose primary use(s) is one (or more) of the principal use categories and use types listed under the Institutional Use classification in the use tables in Article 3: Zoning Districts, and as described in Section 155.9301.E, Institutional Use Classification.

Interim Commercial Use

A long-term temporary use intended to facilitate "temporary urbanism" by using vacant commercially-zoned land to create vibrant destinations through unique outdoor uses that benefit the neighborhood and are open to the public. To the extent such uses are not otherwise expressly defined and regulated as a principal, accessory, or temporary use by this Code, interim uses include, but are not limited to, outdoor markets for art or other handmade goods; recreational spaces; philanthropic, educational, or cultural uses; community gathering spaces; showcases for art, culture, nature, or innovation; or other similar uses.

Interim Industrial Use

A long-term temporary use intended to facilitate temporary landfill, mining, excavation, fill or similar operations by utilizing vacant land for the purpose of establishing a future use of the property.

Interim Use Permit

A development permit authorizing an interim use that is reviewed and decided by the ZBA in accordance with Section 155.2415, Interim Use Permit

Interpretation

A written interpretation of this Code made in writing by the Development Services Director in accordance with Section 155.2423, Interpretation.

ISA Certified Arborist

A person certified by the International Society of Arboriculture as an ISA Certified Arborist.

Junkyard or Salvage Facility

An establishment that is not totally and permanently enclosed or that is located within a structure and used for the collection, storage and sale of metal, paper, glass, plastic, textile, rubber, or other discarded materials. Where such materials are a by-product of a permitted use, such activity shall be considered outdoor storage and must comply fully with all applicable provisions.

Land

The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land Clearing Debris Disposal Facility

A solid waste management facility permitted by the state for the disposal of land clearing debris, as provided for in FL SS 403.703 and FAC 62-701.200.

Land Use

The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.

Land Use Plan

The Land Use Plan for the City of Pompano Beach, adopted as the Future Land Use Plan Element pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, and certified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan pursuant to Article VI of the Broward County Charter.

Landowner

Any owner of a legal or equitable interest in land, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner.

Landscape Areas

Areas which include but are not limited to abutting portions of public rights-of-way, easements, alleys, swales, lakes, canal banks, wet retention areas, and dry retention areas.

Landscape Plant

Any native or exotic tree, shrub, or groundcover (excluding turf).

Laundromat

A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Laundry, Dry Cleaning, Carpet Cleaning, or Dyeing Facility

A facility engaged in cleaning fabrics, textiles, wearing apparel, or other articles by immersion (and agitation) in water or volatile solvents, or in dyeing fabrics and other materials.

Lawn

A piece of grass-covered soil held together by the roots of the grass.

Lawn Care, Pool, or Pest Control Service

An establishment primarily engaged in providing lawn care services (e.g., mowing, aeration, seeding, fertilizer, landscaping), swimming pool services (e.g., cleaning, draining, equipment repair), or pest control services (e.g., inspection, extermination).

Library

A public facility for the use, but not sale, of literary, historical, scientific, musical, artistic, or other reference materials. Accessory uses include offices and storage facilities used by staff and meeting rooms.

Lighting Fixtures, Projecting or Free-Standing

A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control.

Limited Auto Dealership - Fleet Automobile Sales

Premises on which fleet automobiles that were purchased by a corporate entity for short-term leasing purposes are offered for sale.

Limited Fuel/Bottled Gas Distribution

The distribution of fuel oil or bottled gases, such as propone or liquid petroleum, in cans with volumes no greater than five gallons, for compensation.

Limited Mental Health Treatment Facility

An accessory use for the practice of mental health counseling, practice of marriage and family therapy, and/or practice of clinical social work, as defined in F.S. § 491.003, on a non-intensive out-patient basis only. This use strictly prohibits the on-site dispensing of both medicinal and non-medicinal drugs. This use strictly prohibits the written order or prescription for any medicinal and non-medicinal drugs.

Liner Building Typology

A TO Building Typology which is multi-story, designed for occupancy, and conceals a garage, or other faceless building.

Live Entertainment

Visual entertainment for the public usually accessory to a commercial use, in the form of an act, production, or performance, and that may include—but is not limited to—performances by a musical band, disc jockey, dancer, or other type of entertainer.

Live/work

A type of mixed-use development that combines a nonresidential use with a residential dwelling unit. Both the nonresidential and the residential uses in the live-work unit shall be occupied by a common owner or tenant.

Local Liquor or Package Store

An alcoholic beverage establishment with a gross floor area of less than 7,500 square feet and licensed by the state exclusively for the retail sale of liquor or spirits in sealed containers for consumption off the premises where sold.

Local Planning Agency

The agency designated to prepare the comprehensive plan required by the Local Government Comprehensive Planning and Land Development Regulation Act. For the City of Pompano Beach, the local planning agency is the Planning and Zoning Board.

Lodge or Club

A building or facilities owned and operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational, or cultural enrichment of its members and primarily not for profit, and whose members meet certain prescribed qualifications for membership. This use shall not include a nightclub, sexually oriented business, or an establishment that exists primarily for the purpose of selling or accommodating the consumption of alcoholic beverages.

Lodging Unit

A unit located within a visitor accommodation use and which may be composed of a single room or suite of several rooms and which has its own key. Each room which is accessible by a lock-out key is considered a separate lodging unit for purposes of Zoning and Land Use. A lodging unit is not a community residence.

Lot

A parcel of land that is occupied, or is designed or capable of being occupied, by a principal use or structure, together with any Accessory uses or structures, and such accessways, parking areas, yards, and open spaces required under this Code.

Lot Area

The amount of horizontal land area contained within the lot lines of a lot, excluding public street rights-of-way and private street easements.

Lot Line

A line forming a boundary of a lot.

Lot Line, Front

A lot line separating the lot from the public street right-of-way or private street easement. On a corner lot , the front lot line shall be the shorter of the lot lines abutting a street, unless indicated differently on a previously approved site plan. For a vacant corner lot where the lengths of the street-fronting lot lines are within 20 percent of each other, the front lot line shall be the lot line the lot owner elects to identify as the front lot line.

Lot Line, Interior Side

A lot line not abutting a street and connecting the lot's front and rear lot lines.

Lot Line, Rear

A lot line connecting the lot's interior side lot lines , or an interior side lot line and a street side lot line , along the edge of the lot opposite its front lot line.

Lot Line, Street Side

A lot line, other than a front lot line, separating the lot from an abutting public street right-of-way or private street easement. Generally, the street side lot line is the longer of the lot lines abutting a street.

Lot of Record

A part of a recorded subdivision or a parcel of land that exists as shown or described on a plat or deed in the land records of the Records Division of Broward County.

Lot Width

The mean horizontal distance between the interior side lines of a lot, or for corner lots, between a street side lot line and the opposite interior side lot line , as measured along a line running along the midpoints between the interior side lot lines , or between the street side lot line and the opposite interior side lot line , as appropriate.

Lot, Corner

A lot that abuts two or more streets at their intersection.

Lot, Flag

A lot consisting of a narrow "flagpole" strip extending from an abutting street to a much wider "flag" section lying immediately behind an adjacent lot or lots, or a lot that does not abut a public street and where access to the lot is by a narrow ("flagpole") private access easement.

Lot, Interior

A lot that abuts only one street.

Lot, Through

A lot that abuts two parallel or nearly parallel streets.

Low Maintenance Zone

An area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

Lumen

A unit of luminous flux. One foot-candle is one lumen per square foot. Lumen output values shall be the initial lumen output ratings of a lamp.

Machine Shop

An establishment where metal is cut and shaped by machine tools.

Main Street

A vehicular and pedestrian thoroughfare lined primarily with mixed-use buildings.

Maintenance Guarantee

Cash or other surety provided by an applicant to ensure the maintenance of constructed or installed public infrastructure or required private site features pending their acceptance or for a specified time period.

Mansard Roof 

A sloped roof or roof-like facade architecturally comparable to a building wall.

Manufacturing, Assembly, or Fabrication, Heavy

An establishment primarily engaged in manufacturing uses that include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; and lumber mills, pulp and paper mills, and the manufacture of other wood products.

Manufacturing, Assembly, or Fabrication, Light

An establishment primarily engaged in manufacturing uses that involve the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. This use type does not include other manufacturing uses specifically listed in the principal use tables. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; computer design and development; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of cosmetics; and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.

Marina

A harbor, boat basin, or other commercial facility that provides secured moorings and/or docking facilities , supplies, or other services for watercraft, including facilities for storing watercraft in or out of the water. This use type does not include the mooring or docking of watercraft at a private dock associated with a residential unit or on private property where no fee is charged.

Massage Establishment, Unlicensed

An establishment that offers, sells, or provides manipulation of the tissues or other tactile stimulation of the human body with the hand, foot, arm, leg, elbow, or part of the torso, whether or not aided by any electrical or mechanical device, by persons who are not licensed massage therapists under Chapter 480 of the Florida Statutes, or athletic trainers employed by on behalf of educational or professional athletic teams, or licensed physicians, nurses, or other health care practitioners engaged in the practice of their profession. A massage may also include bathing or application of oils, lotions, or similar preparations to the human body. An unlicensed massage establishment does not include a therapeutic massage establishment.

Master Sign Program

A development permit that is reviewed and decided by the Architectural Appearance Committee in accordance with Section 155.2416. Master Sign Program.

Materials Recovery Facility

A solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials, as provided for in FAC 62-701.200.

Maximum Extent Practicable

No feasible or practical alternative exists, as determined by the Development Services Director, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable."

Mean High Water

The average height of the high waters over a 19-year period. For shorter periods of observation, "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of mean 19-year value.

Mean High-Water Line

The intersection of the tidal plane of mean high water with the shore.

Mechanical Equipment

Exterior mechanical equipment and similar features, whether mounted on a building or on the ground, include electrical and gas-powered mechanical equipment and power systems equipment (e.g., permanent electrical generators, refrigeration equipment and ductwork, swimming pool pumps, back-flow prevention devices), heating, ventilating, and air conditioning equipment, tanks, and ductwork (e.g., air conditioning condensers and compressors, heat pump condensers and evaporators). Roof or wall-mounted antennas, vent openings, tower and blades, bottled gas tanks, a small wind energy system, or the solar panels or modules of a solar energy collection system shall not be considered exterior mechanical equipment for purposes of these screening standards.

Medical Marijuana Establishment

An establishment legally engaged in health care or industrial uses involving medical cannabis or marijuana for medical purposes. Any establishment involved with the industrial aspect of medical marijuana including but not limited to the growing, processing and/or distribution of medical marijuana must be licensed by the State of Florida as a medical marijuana treatment center (MMTC).

Medical Marijuana Health Care Establishment

A physician's office where the primary medical services offered is the processing of physician certifications to qualify patients for the use of medical marijuana, patient care, and ordering of medical marijuana for qualified patients. Exterior advertising or signage or documentation from the Florida Department of Health may be used in determining if a physician's office will be classified as a medical marijuana health care establishment. The State of Florida defines qualified physicians as those that hold an active, unrestricted license as an allopathic physician under Chapter 458 or as an osteopathic physician under Chapter 459 and is in compliance with the physician's education requirements of SB 8-A (2017) and is not employed by or associated with a licensed MMTC.

Medical Marijuana Treatment Center (MMTC) per F.S. Ch. 381.986

An establishment licensed by the State of Florida Department of Health to engage in the cultivation, preparation, wholesale storage, distribution, transfer, processing and dispensing of medical marijuana and medical marijuana products and related supplies and which does not allow on-site consumption of marijuana or marijuana products.

Medical Marijuana Treatment Center Related Industrial Establishment

A medical marijuana treatment center related industrial establishment must be licensed by the state as an MMTC and is an establishment engaged in indoor industrial uses involving medical marijuana including: the indoor planting, growing, harvesting, drying, cleaning, curing, packaging and extraction of active ingredients to create cannabis related products and concentrate within a fully enclosed structure; the use may include analytical and testing services for medical marijuana dispensing organizations, including laboratory functions to ensure the products are safe for use/consumption and the labeled potency is accurate; or the storage and/or wholesale distribution of medical marijuana products.

Medical or Dental Lab

Consists of facilities and offices providing diagnostic analysis of medical tests (such as blood test urinalysis, CT Scan, X-ray or other medical tests related to diagnostic treatment); collecting or withdrawing human blood, organs, skin, or other human tissue; or producing such items as dentures, caps, bridges and optical prescriptions.

Medical Office

A small-scale office providing medical or dental treatment. A small-scale office shall mean a maximum gross floor area of 5,000 sq ft. This use shall not include any uses specified as a specialty medical facility. An office which is greater than 5,000 sq gfa shall be considered a specialty medical facility.

Metal-Working, Welding, Plumbing, or Gas, Steam, or Water Pipe Fitting

An establishment primarily engaged in processing metals to create individual parts or assemblies, fabricating products by joining metals through welding, or installing or repairing piping or tubing systems that convey liquids, gas, steam, or water.

Mid Rise

Four (4) or more attached dwelling units in a building with four (4) to eight (8) residential stories (exclusive of parking levels).

Miniature Golf Course

A recreational facility for the playing of a novelty version of golf with a putter, typically with artificial playing surfaces and theme-oriented obstacles such as bridges and tunnels.

Mixed-Use Development

Development containing two or more principal uses from different use classifications (Residential, Institutional, Commercial, or Industrial) or from two or more significantly different use categories within the same use classification (e.g., offices and retail sales and services), where the uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access. An example of a vertically integrated mixed-use development might be a building with retail sales and serve uses at ground level, offices (including institutional offices) on second and third floors, and multifamily residential dwelling units on upper floors. An example of a horizontally integrated mixed-use development might be an office/industrial park containing office buildings side-by-side with buildings housing light industrial or industrial support uses. Note: To be considered mixed use in any TO Zoning District, the project must include a residential component per Section 155.3501.B.1.

Mobile Home

See Dwelling, Mobile Home.

Mobile Home Park

A parcel of land under single ownership or management that is operated as a business engaged in providing a place where mobile homes used for non-transient living or sleeping purposes—or spaces for installation of mobile homes—are offered for sale or lease. Accessory uses to mobile home parks include caretaker quarters, laundry facilities, and recreation facilities.

Mobile Home Space

An area within a mobile home park designed and designated to accommodate a single mobile home and accessory structures and equipment, for the exclusive use of the mobile home's occupants.

Motion Picture Theater

A motion picture theater is a building or part of a building devoted to showing motion pictures.

Motor Vehicle

A vehicle on wheels that is propelled by its own motor and does not run on rails or tracks, for use on a street (e.g., automobiles, motorcycles, trucks, self-propelled recreational vehicles).

Muffler/Transmission Sales and Installation

A use that involves the on-site sale and subsequent installation of mufflers or transmissions on motor vehicles. Such uses do not include the sale of gasoline or other fuels.

Mulch

Nonliving, organic, or synthetic materials customarily used in landscape design to retard erosion and retain moisture.

Museum

A facility serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art that is arranged, designed, and intended to be viewed and studied by members of the public, with or without an admission charge. Accessory uses include offices and storage facilities used by staff, meeting rooms, and may include the limited retail sale of goods, services, or products such as prepared food to patrons.

Native Plant Species

Any plant species with a geographic distribution indigenous to South Florida.

New Automobile and Light Truck Sales

Premises on which new automobiles, light trucks, collector cars, motorcycles, mopeds, and golf carts in operating condition are displayed for sale or lease.

Newspaper or Magazine Publishing

A use of land primarily involved in carrying out operations necessary for producing and distributing newspapers, including gathering news; writing news columns, feature stories, and editorials; selling and preparing advertisements; and publishing of newspapers in print or electronic form. Not included are establishments primarily engaged in printing publications without publishing (categorized as manufacturing and production uses) or education or membership organizations incidentally engaged in publishing magazines or newsletters for distribution to their membership.

Nightclub

A place of entertainment that provides on-site entertainment in the form of live performances, dancing, billiards, comedic performances, or other entertainment activities. This use may also offer food and alcoholic beverages for onsite consumption. This use shall not include a sexually oriented business.

Nonconforming Certificate 

A certificate that determines if a nonconforming use, structure, or lot was lawfully established and existing and that is reviewed and decided by the Development Services Director in accordance with Section 155.2433.

Nonconforming Lot of Record 

Any lot of record that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the lot standards applied by this Code, or the subsequent amendment.

Nonconforming Site Feature

Any off-street parking, landscaping, perimeter buffer , or screening that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the off-street parking, landscaping, perimeter buffer , or screening standards applied by this Code, or the subsequent amendment.

Nonconforming Structure

Any building or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the standards applied by this Code, or the subsequent amendment, that govern its size, height, coverage, setbacks, and other locational aspects.

Nonconforming Use

Any use of land, building, sign, or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the use standards applied by this Code.

Nonconformity

A nonconforming use, structure, lot of record, sign, or site feature.

Non-income Restricted Units

Units that are not restricted to certain income levels and can be rented or sold at prices based on what the unrestricted private market will bear.

Notice of Violation

An initial notice indicating an infraction of this Code.

Nursing Home Facility

A state-licensed facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more non-related individuals, including facilities known by varying designations such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities, and infirmaries. Accessory uses may include dining rooms and recreation and physical therapy facilities for residents, and offices and storage facilities for professional and supervisory staff. This use type does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage. It also does not include assisted living facilities or community residences.

Opacity

A measurement indicating the degree of obscuration of light or visibility. The degree of a feature's opacity is sometimes inversely referred to in term of its "see-through" capacity.

Open Space

Any parcel or area of land essentially unimproved by permanent buildings and open to the sky, excluding open parking areas; such space shall be reserved for public or private use. Open spaces may include parks, greens, squares, courtyards, gardens, playgrounds, or associated landscaped areas.

Open Space, Private

Open space that is intended solely for the use of building occupants.

Open Space, Public or Publicly Accessible

A ground floor open space for public use and public accessibility abutting a public street on at least one side and with unencumbered pedestrian access from the public sidewalk or right-of-way for the general public at all times.

Open Space, Semi-Public

A ground floor open space intended primarily for use by building occupants but may have limited public access.

Order of Abatement

A notice indicating an infraction of this Code issued by a court of competent jurisdiction directing a violator to abate the violation as well as take action to correct the violation.

Ordinance

A set of regulations enforceable as municipal law.

Ordinary Maintenance and Repairs

Work done on a building or structure to correct any deterioration or decay of, or damage to, the building or structure, or any part thereof, and restore the building or structure as nearly as practical to its condition before the deterioration, decay, or damage.

Other Indoor Commercial Recreation/Entertainment Use

Any private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, health and fitness centers, spas, gymnastic facilities, and dancehalls.

Other Outdoor Commercial Recreation/Entertainment Use

Any private outdoor use providing for sports, recreation, and entertainment activities that are operated or carried on primarily for financial gain, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, go-cart racing, race-track, or dirt-track facilities, privately-owned outdoor commercial tourist attractions, water parks, amusement parks, campgrounds, and privately-owned active sports facilities such as ball fields and paintball fields. This can also include an open lot or part of an open lot and auxiliary facilities devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated on outdoor seats.

Other Retail Sales Establishment

Any establishment primarily engaged in the sale, rental, and incidental servicing of goods or commodities that are generally delivered or provided on the premises to a consumer, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, furniture stores, floor covering stores, window treatment stores, computer and electronics stores, camera stores, optical goods stores, clothing stores, shoe stores, luggage stores, jewelry stores, sporting goods stores, piece goods stores, department stores, florists, office supply stores, gift stores, and pet supply stores.

Other Wholesale Use

Any establishment primarily engaged in selling goods, generally in large quantities, to other businesses for subsequent resale, and that is not specifically listed in the use tables. Such use generally includes facilities for storage and distribution of goods, and may include display areas.

Outdoor Display of Merchandise

The placement of products or materials for sale or rental outside the entrance of a retail or wholesale sales establishment.

Outdoor Seating, Including Sidewalk Cafes

The provision of accessory outdoor seating areas by an eating and drinking establishment that is located on private property. This use shall also include Sidewalk Cafes, which are outdoor seating areas permitted on public sidewalks in front of the establishments.

Outdoor Storage

The keeping, in an area that is not totally and permanently enclosed, of any finished goods, material, merchandise, boats, or vehicles in the same place for more than 24 hours. This use does not include a junkyard or salvage facility or the display and storage of vehicles as part of an automobile, recreational vehicle, trailer, or truck sales or rental use. Outdoor storage may be the principal use of a lot or an accessory use to a principal use of the lot.

Overlift

The removal of a majority of the inner lateral branches (and associated foliage) of a tree, thereby displacing weight and mass to the ends of the branches.

Owner of Record

The owner of a lot of record reflected on the current Broward County tax roll.

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, an Oxford House must be granted an Oxford House Charter and be operated in accord with the Oxford House Manual©. The Oxford House Charter shall be treated as the equivalent of certification or licensing and revocation of an Oxford House Charter shall be treated as the equivalent of revocation of certification or licensing.

Package Sales as an Accessory Use to a Bar or Lounge

The accessory retail sales of beer, wine, or liquor for consumption off the premises at a bar or lounge.

Parapet

A building facade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

Parapet Wall

A low protective or decorative wall or railing along the edge of a raised structure such as a roof or balcony.

Parcel of Land

Any quantity of land 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.

Parcel Services

A business establishment that provides goods and services to facilitate the transmittal and receipt of parcels.

Park or Plaza

Land generally open and readily accessible to the public that is used for recreation, exercise, sports, education, rehabilitation, outdoor meeting or gathering, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty. This use does not include commercially operated amusement parks.

Parking Deck or Garage

A structure used primarily for the temporary storage of motor vehicles. The structure may be partially enclosed (parking deck) or fully enclosed or located underground (parking garage). A parking deck or garage may be a principal use of a lot or accessory to the principal use of the lot.

Parking Lot

An off-street, hard-surfaced, ground level area used for the temporary storage of motor vehicles. A parking lot may be a principal use of a lot or accessory to the principal use of the lot.

Parking Lot Drive Aisle

A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.

Parking Space, Accessible

A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.

Parking Space, Off-Street

A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.

Pawn Shop

A business that advances funds to a person on the security of pledged tangible personal property on condition that the pledged property is left in the possession of the pawnbroker until redeemed by the pledger within an established default time period, after which title in unredeemed property vests in the pawnbroker, who may then sell the property.

Pedestrian Passages

Walkways that provide pedestrian passage through lots or blocks, allowing access to the primary entrance of a building and a mode of transportation. These passages can connect directly with the network of sidewalks and open spaces.

Performance Guarantee

Cash or other surety provided by an applicant in lieu of completing the construction or installation of public infrastructure or required private site features before application for Final Plat approval for a subdivision or issuance of a Building Permit or other development approval.

Person

For the purposes of enforcing this Code in accordance with Article 8: Enforcement, "person" includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in Article 8: Enforcement, for violating this Code shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this Code; or an owner, any tenant or occupant, or any other person who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, "person" means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

Personal and Household Goods Repair Establishment

An establishment primarily engaged in the provision of repair services for TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment—including tailor, locksmith, and upholsterer services.

Personal Services Establishment

An establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature that are not typically medically related. Examples include but are not limited to, hair salons, tanning salons, nail care salons, barber shops, yoga studios, martial arts studios, massage therapy (by persons who are licensed as a massage therapist under F.S. Chapter 480), hearing aids and/or optometry services, and similar establishments—but not including any sexually oriented business.

Pervious Area

The area of a site covered by living plant material that allows precipitation to infiltrate directly into the ground. Up to 15% of the area may be covered with mulch or other types of non-living pervious materials.

Pet Hotel

An establishment that provides exercise and training facilities, social and play areas, styling and massage salon facilities, and weight loss centers for use by and for the benefit of domesticated household pet animals.

Pet Shop

A retail store that sells domesticated animals including, but not limited to, cats, dogs, birds, fish, and reptiles, as well as other products related to such animals.

Picnic Area

An open area providing the public opportunities for an outing or excursion at which a meal is eaten outdoors. Picnic areas may include tables, grills, roofed shelters, restrooms, and recreational areas.

Pilaster

A rectangular column with a capital and base that is attached or affixed to a wall as an ornamental design feature.

Place of Worship

A building or structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and education. The building or structure and its accessory buildings and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, and cooking and eating facilities. A place of worship may include other uses that generally exist as principal uses—e.g., adult day care center, child care facility, school, cemetery, playground, or other recreational facility. Such uses are treated as principal uses and subject to the standards and limitations applicable to such uses.

Planned Development

A tract of land that is planned and developed as an integral unit in accordance with a PD Plan and flexible development standards that illustrate and address land uses, circulation, utilities, parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, and similar features of the project. (See Section 155.2405, Planned Development, and Part 6 (Planned Development Zoning Districts) of Article 3: Zoning Districts

Planning and Zoning Board

The Planning and Zoning Board of the City of Pompano Beach.

Plant Nursery, Wholesale

The growing, storage, and sale of garden plants, shrubs , trees, vines, groundcovers, and other related landscaping materials for resale, typically occurring as wholesale or retail sales directly to landscaping professionals. Such uses may include limited incidental retail sales to members of the general public. Such uses may include greenhouses; outdoor storage of goods, materials, and equipment; irrigation systems; and a caretaker's dwelling.

Plat

A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information; also an application for a development permit approving such a map that is reviewed and decided by the City Commission in accordance with Section 155.2410, Plat.

Podium

The lower portion of the TO District's Tower Building Typology on which the tower rests.

Police Station

A building or part of a building that is used as a police station or substation and at which duly authorized officers perform law enforcement functions. Accessory uses may include offices, meeting areas, dining areas, storage, and maintenance facilities.

Porch

A structure attached to a building that is not more than 75 percent enclosed by walls, not heated or cooled, and covered overhead, in its entirety, either by an extension of the building's primary roof or with a separate roof.

Figure: Porch

Porch, Front

An elevated porch attached to the front of a building, in front of a primary building entrance.

Post Office

A facility designated or licensed by the federal government to sell U.S. postage stamps and U.S. postal products and accept mail and packages for delivery.

Premises

A lot of record together with all improvements occupying the lot.

Primary Entrance

The place of pedestrian ingress and egress to a building, parcel, or development used most frequently by the public.

Principal Building

A building which is occupied by, or devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire lot shall be considered. There may be more than one principal building on a lot.

Printing or Other Similar Reproduction Facility

A commercial establishment primarily engaged in lithographic (offset), gravure, flexographic, screen, quick, digital, or other method of printing or reproduction on stock materials on a job order basis. This use does not include small-scale commercial print and copy shops that serve the day to day printing and copying needs of businesses and households, which are classified as business service centers.

Professional Office

A building or portion of a building used for conducting the affairs of businesses offering professional services (e.g., offices of lawyers, engineers, architects), financial services (e.g., investment banking, stock brokerage, credit card services), or business services (e.g., consulting firms), or the buying or selling of real or personal property, services, or other products (e.g. artwork, artifacts). This use may also include professional services of physicians and other health care practitioners without examination and treatment. Rooms used for examination and treatment shall be considered a Medical or Dental Clinic. Professional Office uses are distinguished between those whose total gross floor area is 2,000 square feet or less and those whose total gross floor area exceeds 2,000 square feet.

Prohibited Application Period

The rainy season which is between May 1 and October 31 of every year.

Projecting Supporting Structure

A structure supporting a projection from a building such as balcony, awning , or the roof or cover associated with a porch , stoop, canopy, gallery, or arcade. A supporting structure may take the form of columns (vertical, cylindrical supports) or brackets (generally an L-shaped or triangular-shaped structure with one side anchored to the building facade and the other side extending to the outer part of the projection), or may be cable-hung (wire cables extending from the building facade to suspend the outer part of the projection). The projection may also be cantilevered (self-supported, without any visible external supports).

Projection, horizontal

Any facade surface or building component which protrudes from the main building facade plane, including, but not limited to, architectural features, awnings, balconies, canopies, colonnades and porches.

Public Boat Launch or Ramp

Public facility to launch and retrieve recreational boats to and from the water. Launching and retrieval may be done manually or via motor-driven winches. Launches and ramps may include parking areas for users' motor vehicles and trailers, docks to assist in launching and retrieval, restrooms, refuse containers, and breakwater protection structures.

Public Hearing, Quasi-Judicial

A public hearing in which public officers of bodies are required to exercise discretion of a judicial nature as a basis for official action, including weighing evidence and drawing conclusions from facts.

Public Hearing, Standard

A public hearing advertised to the public that focuses on providing members of the public the opportunity to present information and comments related to certain types of application, with such information and comments available for consideration as subsequent recommendations and decisions are made.

Racing Facility, Dog or Horse

A facility consisting of a racetrack or racetracks used primarily for the spectator-oriented racing of greyhounds, thoroughbred horses, or quarter horses, or for harness racing. The facility may also include seating, concession areas, related retail sales, and dog or horse boarding facilities. If the facility is a licensed pari-mutuel wagering facility under Chapter 849 of the Florida Statutes, it may include cardrooms (in which authorized card games are played for money or other things of value) and/or slot machines, subject to state licensing requirements and regulations.

Racquet Sports Facility, Commercial or Membership

A commercial or membership recreational facility consisting of indoor or outdoor courts for the playing of tennis, racquetball, or squash. The facility may include a clubhouse, related retail sales, and concession areas.

Radio or Television Station

A facility for the staging, recording and broadcasting of audio or television productions. This use does not include an Audio and Visual Recording and Production Studio, which does not include broadcasting.

Railing

A barrier consisting of a horizontal elements (guard) and vertical elements (posts).

Figure: Railing

Rainwater Cistern or Barrel

A catchment device to capture rain water from a roof or other surface before it reaches the ground, which may be either above or below ground level.

Recovery Community

A recovery community consists of multiple dwelling units in a single multi-family structure that are not held out to the general public for rent or occupancy, that provides a drug-free and alcohol-free living arrangement for people in recovery from drug and/or alcohol addiction, which, taken together, do not emulate a single biological family and are under the auspices of a single entity or group of related entities. Recovery communities include land uses for which the operator is eligible to apply for certification from the State of Florida. When located in a multiple-family structure, a recovery community shall be treated as a multiple family structure under building and fire codes applicable in Pompano Beach.

Recreational Vehicle

A vehicle that is built on a single chassis, contains an area 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by an automobile or light truck, and is designed not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling Drop-Off Station

A small unmanned structure where the collection of materials for recycling or reuse are accepted from the public. Typical uses associated with a drop-off center are temporary storage of donated materials and charitable goods.

Redevelopment

Any proposed expansion, addition, reduction, or other alteration to an existing building, structure, or other constructed feature on a lot or site. Redevelopment also includes changes in use to existing buildings, as well as modifications to site features such as parking, signage, landscaping, grading, stormwater management devices, or changes to outdoor storage.

Regional Liquor or Package Store

An alcoholic beverage establishment with a gross floor area of at least 7,500 square feet and licensed by the state exclusively for the retail sale of liquor or spirits in sealed containers for consumption off the premises where sold.

Regulating Plan

A controlling plan which demonstrates TO development standards in both words and diagrams, and includes maps designating the locations where the various standards apply.

Rehabilitation

For purposes of applying standards for the Historic Downtown Core and Historic Downtown Transition Area CRAO districts established in Section 155.3605.F, rehabilitation is defined as the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. Interpretation of "rehabilitation" in this context shall be guided by the Standards for Rehabilitation established by the U.S. Secretary of the Interior and contained within 36 CFR 67.

Relocation

The moving of a structure to a new location on its tax parcel or the relocation of a structure to a new tax parcel.

Renovation

The removal and replacement or covering of existing interior or exterior finish, trim, doors, windows, or other materials with new materials that serve the same purpose and do not change the configuration of space. Renovation includes the replacement of equipment or fixtures.

Repair

The restoration to a good or sound condition of materials, systems and/or components of a structure that are worn, deteriorated, or broken using materials or components identical to or closely similar to existing materials or components.

Repair of Scientific or Professional Instruments

An establishment primarily engaged in the provision of repair services for scientific or professional instruments for businesses.

Research and Development

A business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Residential Development

Development whose primary use(s) is one (or more) of the principal use categories and use types listed under the Residential Use classification in the use tables in Article 3: Zoning Districts, and as described in Section 155.9301.D, Residential Use Classification.

Restaurant

An establishment where meals or prepared food, including beverages and confections, are served to customers. Accessory uses may include bars, banquet rooms, catering services, pick-up facilities for take-out orders, windows for walk-up service, outdoor seating, and facilities providing for drive-through service. An establishment that sells both alcoholic beverages and food is classified as a bar or lounge if it derives no more than ten percent of its gross revenue from the sale of food consumed on the premises.

Retail Clinic

An accessory use located within a grocery store, pharmacy, or large retail store for the diagnosis and treatment of common household illnesses such as strep throat and eye, ear, sinus and other similar infections; the treatment of minor wounds; abrasions and joint sprains; the injection of common vaccinations; wellness services; and routine lab tests.

Retail Sales (as accessory uses)

The Retail sales of any products of or associated with a principal use being offered for retail sale to the general public.

Retail Sales Establishment, Large

Any retail sales establishment constituting a single business engaged in retail sales activities and located in a stand-alone single tenant building with a gross floor area of 60,000 square feet or more.

Right-of-Way

A portion of land acquired by express or implied dedication or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line and other similar public uses.

Roof Form

The shape of a roof, of which there are many variations. The most common roof forms are sloped roofs (roofs constructed of flat sections that are sloped) and flat roofs. Sloped roofs may be side gable roofs or end gable roofs (based on whether the gable ends are on the sides or front and back of the building), and may have dormers. The edges of flat roofs (particularly along the front of a building) are commonly defined by parapets and/or cornices .

Figure: Roof Form

Roofline

The highest point of a flat roof and mansard rooff and the lowest point of a pitched roof excluding any cupolas, chimneys, or other minor projection.

Rooming or Boarding House

Any building or portion thereof with three or more sleeping rooms used or designed to provide rental lodging for transient or permanent residents, either with meals (boarding house) or without meals (rooming house). A rooming or boarding house does not emulate a biological family and does not seek to achieve normalization and community integration of its residents. A rooming or boarding house is not a community residence.

Satellite Dish

A round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals.

Saturated Soil

A soil in which the voids are filled with water. Saturation does not require flow. Soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

School, Elementary

A public or private school offering general, technical, or alternative instruction at the elementary school level that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes and meets the state requirements for an elementary school. Such uses include classrooms, laboratories, auditoriums, libraries , cafeterias, after school care, athletic facilities, and other facilities that further the educational mission of the institution.

School, High

A public or private school offering general, technical, or alternative instruction at the high school level that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes and meets the state requirements for a high school. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries , cafeterias, after school care, athletic facilities, and other facilities that further the educational mission of the institution.

School, Middle

A public or private school offering general, technical, or alternative instruction at the middle school level that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes and meets the state requirements for a junior high or middle school. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries , cafeterias, after school care, athletic facilities, and other facilities that further the educational mission of the institution.

Screened Enclosures with a Screen Roof

A building or part thereof, in whole or in part self-supporting, and having walls of insect screening with or without removable vinyl or acrylic wind break panels and a roof of insect screening material.

Self-Storage or Mini-Warehouse Facility

A building or group of buildings divided into separate self-contained units or areas offered for rent for self-service storage of household and personal property. The storage units or areas are designed to allow private access by the tenant for storing and removing personal property. Accessory uses may include leasing offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. The rental of trucks or trailers is a separate principal use and not considered accessory to this use.

Senior Center

A facility providing a broad spectrum of services suited to the diverse needs and interests of independent older persons (e.g., 62 years or more years old), including nutritional meals, fitness and recreational activities, social activities, health screenings, counseling, wellness programs, respite care, and education services. Accessory uses include recreation facilities, meeting rooms, and offices and storage facilities used by staff.

Senior Housing

Housing for older persons that is exempt from the FHA's familial status requirement including HUD recognized dwellings specifically designed for and occupied by elderly persons under a Federal, State or local government program, housing occupied solely by persons who are 62 or older, or dwellings that houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.

Setback

The shortest horizontal distance from a lot line of a lot to the nearest point of a structure on the lot.

Setback Line

A line delineating the minimum front, street side, interior side, or rear yard setback applicable to a lot—as measured from, and running parallel to, the associated front, street side, interior side, or rear lot line.

Setback, Front Yard

The shortest horizontal distance from the front lot line of a lot to the nearest point of a principal structure on the lot.

Setback, Interior Side Yard

The shortest horizontal distance from the interior side lot line of a lot to the nearest point of a principal structure on the lot.

Setback, Rear Yard

The shortest horizontal distance from the rear lot line of a lot to the nearest point of a principal structure on the lot.

Setback, Required Front Yard

All land area between the front lot line and the front setback line that lies between the lot's side lot lines, or in the case of a corner lot , between an interior side lot line and the opposite street side lot line .

Setback, Required Interior Side Yard

All land area between an interior side lot line and the interior side setback line that lies between the lot's front setback area and its rear setback area.

Setback, Required Rear Yard

All land area between the rear lot line and the rear setback line that lies between the lot's interior side lot lines , or in the case of a corner lot , between an interior side lot line and the opposite street side lot line .

Setback, Required Street Side Yard

All land area between the street side lot line and the street side setback line that lies between the lot's front setback area and its rear lot line.

Setback, Street Side

The shortest horizontal distance from the street side lot line of a lot to the nearest point of a structure on the lot.

Sexually Oriented Business

A sexually oriented business includes any of the following establishments or premises:

   •   Adult Book, Adult Novelty, or Adult Video Store;

   •   Massage Establishment, Unlicensed;

   •   Any premises where members of the public or any person for consideration may participate in or may observe or view any activity, live or recorded performance, or any visual images tangibly fixed in any medium, which activity, performance, image, or recording has an emphasis on, or has as its primary or dominant theme, subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or

   •   Any premises where the presentation or distribution of any performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S. Ch. 847.

Shoreline or Shore

The interface of land and water.

Short-Term Rental

A dwelling unit that rents, leases, or lets for consideration any living quarters or accommodations for a term of six months or less in a calendar year. This term does not include condominiums, condo hotels, hotels, motels, timeshare properties, bed and breakfasts, or community residences and recovery communities as defined in this Code.

Showroom, Wholesale

An establishment that combines office and showroom uses with warehouse uses for the primary purpose of wholesale trade, display, and distribution of products.

Shrub

A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.

Shutter

An exterior window covering generally hinged at both sides of the window and may be solid or louvered. A Bahamian shutter is a single shutter hinged at the top of the window and is usually louvered.

Figure: Shutters

Side Yard House Building Typology

A TO Building Typology which is a Single-Family - Zero Lot Line Dwelling unit distinguished by the provision of an unenclosed porch on the side of the house. The side porch is screened from the view of the street by a wall or fence located within the build-to zone.

Figure: Side Yard House

Sidewalk

A hard-surfaced, all-weather way, usually within a right-of-way line which is located between the curb line or the lateral line of a street and the adjacent property line and which is intended for use by pedestrians.

Sidewalk Café

See Outdoor Seating.

Sign Code

Sign regulations contained in Chapter 156 (Sign Code) of the Code of Ordinances .

Site

Any lot or lots of record, or contiguous combination thereof, under the same ownership.

Site Plan 

A plan (to scale) showing uses and structures proposed for a legal lot or lots of record; also an application for a development permit approving such a plan that is reviewed and decided in accordance with Section 155.2407, Site Plan, by either the Planning and Zoning Board (if a Major Site Plan for development that falls within criteria and exceeds the size thresholds specified in Section 155.2407.B.1, Major Site Plan) or the Development Services Director (if a Minor Site Plan for all other development).

Skating Rink

See Bowling Alley or Skating Rink.

Small Wind Energy System

A wind energy conversion system consisting of a rotating wind turbine and related control or conversion equipment that converts the kinetic energy in wind into mechanical energy, has a rated capacity of not more than 100 kilowatts (kW), and is intended to primarily reduce on-site consumption of utility power for homes or businesses.

Solar Energy Collection System

A system consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity. As an accessory use, a solar energy collection system is designed to primarily meet on-site demands (but may include transfer of excess electricity to an electric utility grid) and components are typically mounted on the roof(s) of principal or accessory structures, but may be mounted on other parts of structures, or on the ground. As a principal use, a solar energy collection system is designed to meet demands for a larger area and is typically mounted on the ground.

Solid Waste Transfer Station

A solid waste management facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility, as provided for in FAC 62-701.200. Facility operations may include separation of incidental amounts of recyclable materials or unauthorized waste.

Spa or Hot Tub

An above- or below-ground structure that is filled with water and used for soaking, relaxation, massage, or hydrotherapy.

Special Exception

A use, designated as a Special Exception in the principal use tables, that may be appropriate in a particular zoning district, but because of its nature, extent, and external effects, requires special use-specific standards and special consideration of its location, design, and methods of operation before it is allowed in the district; also, an application for a development permit allowing such use that is reviewed and decided by the ZBA or Development Services Director in accordance with Section 155.2406, Special Exception.

Speciality Arts School

An institution teaching specialized curriculum including performing and visual arts, photography, theatrics, music, culinary arts, or other or courses or program the objective of which is not occupational but is only for personal enrichment or enjoyment.

Specialty Eating or Drinking Establishment

An establishment selling specialty food or beverage items that normally do not constitute a full meal—including, but not limited to, ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and retail bakeries. Accessory uses may include pick-up facilities for take-out orders, windows for walk-up service, outdoor seating, and facilities providing for drive-through service.

Specialty Hospital

A hospital which offers a restricted range of services appropriate to the diagnosis, care, and treatment of patients with specific categories of medical or psychiatric illnesses or disorders which include: Specialty medical hospitals; specialty rehabilitation hospitals; specialty psychiatric hospitals, which may include beds licensed to offer intensive residential treatment programs; specialty substance abuse hospitals, which may include beds licensed to offer intensive residential treatment programs; and an addictions receiving facility.

Specialty Medical Facility

A specialty medical facility is a facility, regardless of size, offering specialized treatment and services including, but not limited to, ambulatory surgical facilities, dialysis centers, substance abuse treatment facilities, outpatient rehabilitation facilities, birthing facilities, and urgent care facilities (not including a 24-hour urgent care facility). This use also includes medical or dental offices which are larger than 5,000 sq ft gfa.

Specified Anatomical Areas

Human genitals or the pubic region, buttocks, and the entire lower portion of the human female breast below the top of the areola when such areas are less than completely and opaquely covered; or human male genitals in a discernibly turgid state even if completely and opaquely covered. Specified anatomical areas do not include any portion of the cleavage of the human female breast exhibited by a blouse, shirt, bathing suit, or other apparel, provided the areola is not exposed.

Specified Sexual Activities

Exhibition of human genitals in the state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, sodomy, masochism, cunnilingus, fellatio, anilingus, buggery, or any excretory function, or representation thereof; the fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts; and exhibition of the specified anatomical areas.

Sport Shooting and Training Range

Any area that has been designed or operated for the use of firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, BB guns, air guns, or similar devices, or any other type of sport or training shooting.

Stadium

See "Arena."

Staff

Employees of the City of Pompano Beach.

State

The state of Florida.

State Historic Preservation Officer (SHPO)

The state official appointed and designated with the responsibility of administering the historic preservation program for the State of Florida—i.e., the director of the Florida Division of Historic Resources, or the director's designated representative.

Stoop

An unclosed flight of steps, including a platform at its top, leading to a primary entrance to a building.

Figure: Stoop

Stop Work Order

An order issued by the Development Services Director or other authorized city staff that directs the person responsible for a development activity or other act in violation of this Code to cease and desist such activity or act.

Storage Shed

An uninhabitable accessory structure used or designed to be used to provide shelter for or storage of materials, or as a small workshop. Storage sheds may be enclosed or open and may be attached to a principal building or exist as a detached structure.

Storefront, Arcade

A basic form of commercial facade that provides overhead cover along the entire width of the building facade by indenting an exterior ground floor space into the volume of the building.

Storefront, Basic

A basic form of commercial facade other than a canopy, gallery, or arcade storefront. Features of such storefronts include transparency, frequent spacing of public entrances, delineation of space at public entrances, and prominent signage.

Figure: Storefront

Storefront, Canopy

A basic form of commercial facade made up of an overhead cover projecting out from the building facade along its entire width, either with a shading device or a separate roof. Features of storefronts include transparency frequent spacing of public entrances, delineation of space at public entrances, and prominent signage.

Storefront, Gallery

A basic form of commercial facade made up of an overhead cover along the entire width of the building facade with a separate roof supported by a row of columns defining the gallery's outer edge.

Street

Includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements of ingress and egress.

Street Designation

A TO street classification system that regulates the characteristics of streets and rights-of-way with respect to spatial dimension, pedestrian and vehicular mobility and building active uses. Street designations vary in each TO District and generally consist of four types: primary, secondary, tertiary and alleys.

Street Network

A system of intersecting and interconnecting streets and alleys.

Street Type Development Parameters

TO design criteria that establish the required elements for the placement and size of the following: sidewalks, curbs and gutters, parking, medians, bike lanes, traffic lanes, street trees, and landscape strips in the public right of way.

Street Vista

A view through or along a street centerline terminating with the view of a significant visual composition of an architectural structure or element. Garages and blank walls are not significant visual compositions.

Street, Arterial

A street providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road. Arterial streets are either principal arterial streets or minor arterial streets. Principal arterial streets include interstate highways, other freeways and expressways, and other streets that serve the major centers of activity in an urban community, have the highest traffic volume, trip length, and mobility importance. Minor arterial streets serve more moderate length trips and lower level of mobility, and generally connect principal arterial streets.

Street, Collector

A street providing service that is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Collector streets also collect and distribute traffic between local streets" or arterial streets and serves as a linkage between land access and mobility needs.

Street, Local

A street providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property.

Structure

Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools , tennis courts, signs, cisterns, sewage lift stations, sheds, docks, mooring areas, poles, fences, billboards, pipelines, transmission lines, tracks, advertising signs, and similar accessory construction.

Subdivider

Any person who subdivides land deemed to be a subdivision as defined by this Code.

Subdivision

The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, and includes establishment of new streets and alleys, additions, and re-subdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Swimming Pool

An above- or below-ground structure that is filled with water and used for swimming.

Tattoo or Body Piercing Establishment

An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) making indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments; or (2) creating an opening in any part of the human body, other than the outer perimeter or lobe of the ear, for the purpose of inserting jewelry or other decorative object for a non-medical purpose.

Taxi or Limousine Service Facility

A service that offers transportation in passenger automobiles and vans to persons, including those who are handicapped, in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or limousines.

Telecommunications Facility

The set of equipment and network components necessary to provide transmission and/or reception of wireless communication and broadcast services. The equipment and network components may include towers, including those utilized as antennas for an AM broadcast station that are licensed by the Federal Communications Commission antennas, antenna arrays for FM/TV/ broadcasting transmission facilities, transmitters, receivers, base stations, power supplies, cabling, and associated equipment. A telecommunications facility may consist of (a) telecommunications facility equipment and network components that are collocated (attached or mounted) on an existing telecommunications tower, or (b) telecommunications facility equipment and network components that are collated (attached or mounted) on an existing building or structure other than a telecommunications tower (such building or structure is not considered part of the telecommunications facility), or (c) a freestanding lattice, monopole, or other tower or other similar structure whose sole or primary purpose is to support and elevate telecommunications facility equipment and network components above the ground, and including any ground-based accessory structures used to house equipment and any guy wires and guy anchor supports.

Telecommunications Tower, Lattice

A structural type of freestanding telecommunications tower that is self-supporting with multiple legs and cross-bracing and without guy wires and ground anchors.

Telecommunications Tower, Monopole

A structural type of freestanding telecommunications tower that is self-supporting as a single pole or mast, without guy wires and ground anchors.

Telecommunications Tower, Stealth

A freestanding telecommunications tower that is designed in such a way that the tower is not readily recognizable as a telecommunications tower. Stealth towers may include, but are not limited to, towers that replicate, duplicate, or simulate the construction of common structures such as flagpoles and light or utility poles, and towers that are designed to look like trees or otherwise camouflaged to blend into the surrounding environment.

Telephone Call Center

An establishment primarily engaged in answering telephone calls and relaying messages to clients or in initiating or receiving communications for telemarketing purpose, such as promoting clients' products or services, taking orders for clients, or soliciting contributions or providing information for clients.

Temporary Portable Storage Unit

A transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items, and other materials for use on a limited basis.

Temporary Use or Structure

A use or structure established for a temporary period of time less than one year with the intent to discontinue such use or structure on the expiration of the time period.

Temporary Use of an Accessory Structure as a Principal Dwelling After a Catastrophe

A temporary use of an accessory structure as a principal dwelling after a catastrophe is the temporary use of an existing structure that is accessory to an existing principal dwelling as the principal dwelling pending repair or reconstruction of the principal dwelling, where the principal dwelling has been damaged or destroyed by a fire, hurricane, or other physical catastrophe.

Temporary Use Permit, Major

A development permit authorizing the operation of certain temporary uses or structures that is reviewed and decided by the Development Services Director in accordance with Section 155.2412.C, Major Temporary Use Permit Procedure.

Temporary Use Permit, Minor

A development permit authorizing the operation of certain temporary uses or structures that is reviewed and decided by the Development Services Director in accordance with Section 155.2412.D, Minor Temporary Use Permit Procedure.

Text Amendment

An amendment to the language of this Code that is reviewed and decided by the City Commission in accordance with Section 155.2402, Text Amendment.

Theater

See "Auditorium."

Thrift Shop

A retail establishment primarily engaged in selling used merchandise which has been obtained through bulk-purchases, or through donations or gifts and where the donor receives no value upon the sale of such merchandise, and where the use is designed to sell donated merchandise at a price below reasonable market value, and where the revenue received from selling the merchandise may be retained by a charitable or not-for-profit organization or institution.

Timeshare

A dwelling unit in which the exclusive right of use, possession, or occupancy circulates among various owners or lessees thereof in accordance with a fixed or floating time schedule on a periodically recurring basis, whether by deed, lease, membership agreement, use agreement, license, or other means. Timeshares do not include short-term rental accommodations or hotels or motels.

Tire Disposal and Recycling Facility

A solid waste management facility the primary purpose of which is tire disposal or tire recycling, as provided for in FAC 62-701.200.

Tire Sales and Mounting

A use that involves the on-site sale and subsequent mounting of tires on motor vehicles. Such uses do not include the sale of gasoline or other fuels.

Tool Repair Shop

An establishment primarily engaged in repairing and servicing commercial and industrial machine tools and equipment (such as punching, shearing, bending, forming, pressing, forging, and die-casting machines).

Totally and Permanently Enclosed Building

For purposes of standards requiring business activities to be conducted within enclosed buildings (Section 155.5602.C.1 and Section 155.5603.C), this term refers to a building where all sides consist of walls that are solid except for doors, windows, or other apertures normally and usually found in similar buildings.

Tower Building Typology

A TO Building Typology which is multi story, composed of a base (podium) and a tower, and organized around a central core where a part of the building is higher in proportion to its width and length.

Townhouse

A single dwelling unit in a group of such units that are attached horizontally in a linear arrangement to form a single building, with each unit occupying space from the ground to the roof of the building, and located or capable of being located on a separate townhouse lot. A townhouse development is considered a type of multifamily dwelling.

Trailer

A vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle.

Transitional Community Residence

A transitional community residence community residence is a community residence that provides a temporary living arrangement for four to ten unrelated people with disabilities with a limit on length of tenancy less than a year that is measured in weeks or months as determined either in practice or by the rules, charter, or other governing document of the community residence. A community residence for people engaged in detoxification is an example of a very short-term transitional community residence.

Transportation Passenger Station/Terminal

A facility or location where the principal use is the handling, receiving, transfer, and discharging of passengers of various modes of surface transportation, and at which facilities and equipment for such activities are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

Travel Agency

An establishment primarily engaged in providing travel arrangement and reservation services to the general public and commercial clients.

Tree

Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant that has been existing for over one year.

Tree Abuse

Any or all of the following:

   •   Hatracking a tree—i.e., severing the leader or leaders of a tree, or pruning a tree by stubbing of mature wood;

   •   Destroying the natural habit of tree growth;

   •   Pruning that leaves stubs or results in a flush cut;

   •   Splitting of limb ends;

   •   Removing tree bark to the extent that if a line is drawn at any height around the circumference of the tree, over one third of the length of the line falls on portions of the tree where bark no longer remains;

   •   Using climbing spikes, nails, or hooks except for purposes of total tree removal or as specifically permitted by standards set by the American National Standards Institute, as amended;

   •   Pruning that does not conform to standards or recommendations set by the American National Standards Institute, as amended;

   •   Pruning of live palm fronds that initiate above the horizontal plane (the base of the live palm petioles);

   •   Overlifting a tree—i.e., removing the majority of the inner lateral branches and foliage of a tree, thereby displacing weight and mass to the ends of the branches (as may be evidenced by alteration of the tree's live crown);

   •   Shaping a tree—i.e., regularly and frequently cutting outer tree branches or stems with a diameter of one inch or less, or making pruning cuts of one inch or less in diameter, for the purpose of controlling the size and shape of the tree canopy;

   •   Damage inflicted on any part of a tree (including the root system) by girdling, excavation, vehicle accidents, chemical application, changes to the natural grade, or storing or using equipment within the dripline of a tree;

   •   Damage inflicted by cutting a tree so as to allow infection or pest infestation;

   •   Severe neglect of tree nutrition or adequate irrigation for continued growth; or

   •   Improper guying, bracing, or staking of newly planted trees by nailing or other methods that cause cosmetic or biological damage.

   •   Storage of materials or operation of heavy equipment in the vicinity of a tree without proper tree protection.

Tree Assessment

A document prepared by a Florida-registered landscape architect or ISA certified arborist that assigns each existing tree a number; that specifies the common and botanical name for each existing tree; describes the overall size and caliper of each existing tree; evaluates the health condition of each existing tree; identifies the status of each existing tree (whether the tree is to be protected in place, be relocated, or be removed); and provides a dollar value for each existing tree included on the tree survey. The dollar value is to be determined using an approved method provided in the Guide for Plant Appraisal, current edition, by the Council of Tree and Landscape Appraisers.

Tree Permit

A development permit authorizing the removal, relocation, replacement, or substantial alteration of trees, or land disturbing, construction, demolition, or other activity in the vicinity of trees, that is reviewed and decided by the Development Services Director in accordance with Section 155.2411, Tree Permit.

Tree Survey

A drawing prepared, signed, and sealed by a Florida-registered land surveyor that shows the location (plotted by accurate techniques) of all existing trees on a lot.

Tree, Canopy

A self-supporting woody perennial plant, usually with one vertical stem or main trunk, that naturally develops a more or less distinct and elevated crown and that, at maturity, provides shade to an area at least 35 feet in diameter. A canopy tree may have two or more trunks, which is a natural characteristic of some species.

Tree, Historical

A tree or group of trees designated historical by the City due to the location on historically significant property and relationship to a historic event; due to the unique relationship to the heritage of Pompano Beach; or because the tree or trees are at least seventy-five (75) years old.

Tree, Invasive

A tree that alters native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but the documented ecological damage caused. Invasive trees include: Acacia auriculaeformis (Earleaf Acacia), Araucaria excelsia (Norfolk Island Pine), Bischofia javanica (Bischofia, Bishopwood), Brassia actinophylla (Schefflera), Caasuarina spp. (Australian Pine, all species), Cupaniopsis anacardiopsis (Carrotwood), Malaleuca quinquenervia (Cajeput Tree, Malaleuca), Schinus terebinthifolius (Brazilian Pepper Tree, Florida Holly Tree).

Tree, Ornamental

A relatively small tree commonly grown for the display of its flowers or foliage, or for its shape or other decorative features that create a high visual impact in the tree's setting.

Tree, Palm

A plant of tropical or subtropical species commonly marked by a simple stem and terminal crown of large leaves.

Tree, Specimen

Any tree which has a DBH of eighteen (18) inches or greater with a condition rating of sixty percent (60%) or greater in accordance with the condition rating guidelines as specified in the Guide for Plant Appraisal, 9th edition, as amended; with the exception of the following:

   •   Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados, or citrus.

   •   Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), F. jacquinifolia;

   •   All multi-trunk palms.

   •   Trees that are in poor condition or form as determined by Development Services Director.

Tree, Street

Any canopy tree placed in a street right-of-way.

Tree, Understory

A tree that has an expected height at maturity of no greater than 20 feet.

Truck or Freight Terminal

A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

Truck, Heavy

A motor vehicle that weighs more than 15,000 pounds, is registered by the state on the basis of gross vehicle weight, and is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device. Heavy trucks may include an added cabinet box, platform, rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.

Truck, Light

A motor vehicle that weighs no more than 15,000 pounds or less and is designed or used principally for the carriage of goods (though may be used to carry passengers)—e.g., pick-up trucks and vans. Light trucks may include an added cabinet box, platform, rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.

Truck/Recreational Vehicle/Trailer Repair and Servicing

An establishment primarily engaged in the general repair, rebuilding, or reconditioning of the engines and other parts of trucks with more than two axles or exceeding 15,000 pounds in weight, recreational vehicles, and trailers.

Turf or Turf Grass

Any of various spreading grasses grown to form a continuous carpet of grass whose roots tightly bind the layer of soil beneath it. Turf grass endures and typically requires regular mowing.

Uncovered Porches, Decks, Patios, Terraces, or Walkways

Hard surfaces often adjacent to an enclosed structure and used for outdoor seating and access.

Urgent Care Facility 24-hours

A facility which holds itself out to the general public as a walk-in, extended-hour access facility where immediate, but not emergent, care is provided. Patients shall be served solely on an outpatient basis and such services shall not include overnight stays.

Used Automobile and Light Truck Sales with Indoor Display Only

Premises on which used automobiles, light trucks, motorcycles, mopeds, and golf carts, in operating condition are displayed for sale or lease within a fully and permanently enclosed building. This use does not include outdoor display, which is considered to be Used Automobile And Light Truck Sales With Outdoor Display.

Used Automobile and Light Truck Sales with Outdoor Display

Premises on which used automobiles, light trucks, motorcycles, mopeds, and golf carts, in operating condition are displayed for sale or lease outdoors.

Used Luxury Automobile Sales with Indoor/Outdoor Display

A Used Luxury Automobile Sales with Indoor/Outdoor Display consists of on-site used luxury automobiles, where each vehicle shall have a value of, and shall be advertised and sold for no less than $75,000. Used luxury vehicles must be in operating condition and may be displayed for sale completely within a showroom or where the majority of vehicles are displayed outdoors with the remainder displayed within a showroom. All automobiles included in the category must provide increased levels of comfort, equipment, amenities, quality, performance, and associated status compared to moderately priced cars. Beginning with the year 2027, and every five (5) years thereafter, the requisite minimal $75,000 sale price shall automatically increase in accordance with any increase in the Consumer Price Index (CPI) for the five-year period.

Utility, Major

A structure or facility that is a relatively major component of an infrastructure system providing community- or region-wide utility services. Examples of major utility uses include potable water treatment plants, water towers, wastewater treatment plants, gas compressor stations, and electrical substations.

Utility, Minor

A structure or facility that by itself is a relatively minor component of an infrastructure system providing community- or region-wide services and that needs to be located in or near the neighborhood or use type where the service is provided. Examples of minor utility uses include water and sewage pipes and pump stations, stormwater pipes and retention/detention facilities, telephone lines and local exchanges, electric lines and transformers, gas transmission pipes and valves, and CATV lines. The use also includes surface transportation stops such as bus stops and park-and-ride facilities.

Variance

A development permit authoring a deviation from this Code's dimensional standards and certain development standards where strict application of the standard creates a hardship due to circumstances particular to a lot, and that is reviewed and decided by the ZBA in accordance with Section 155.2420, Variance.

Vehicular Use Area

That portion of a development site used or proposed to be used for vehicular ingress and egress, off-street parking, parking aisles, internal vehicular accessways, fire lanes, loading areas, and other areas dedicated to use by motor vehicles or the storage of motor vehicles, boats, trailers, recreational vehicles, or heavy equipment being offered for sale or rent.

Veterinary Hospital or Clinic

A facility for the medical care and treatment of animals, including household pets and larger domesticated animals. Such facilities may provide animal grooming and boarding services, as well as limited retail sales of pet-related merchandise.

Vocational or Trade School

An institution, other than a college, teaching specialized curriculum at the postsecondary level, including vocational and specialty trades, examination preparation programs or courses, contract training programs or courses, continuing education, or professional development programs or courses.

Wall

See Fence or Wall.

Wall Pack

An exterior lighting device that is flush-mounted on a vertical wall surface.

Warehouse, Distribution or Storage

A facility primarily engaged in the distribution and/or storage of manufactured products, supplies, and equipment involving heavy truck and/or freight rail traffic. This use does not include bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

Waste Composting

A solid waste management facility where solid waste is processed using composting technology, as provided for in FAC 62-709.201. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

Waste-Related Service Uses

Solid waste management facilities regulated and permitted by the Florida Department of Environmental Protection's Bureau of Solid & Hazardous Waste, unless otherwise noted. These uses are recognized as having potential negative impacts on the quality of air, water, soil, and other natural resources. It is further recognized that improper disposal and management of solid waste results in or contributes to air and water pollution, land blight, and nuisance conditions.

Waste-to-Energy Plant

A facility that uses an enclosed device using controlled combustion to thermally break down solid, liquid, or gaseous combustible solid waste to an ash residue that contains little or no combustible material and that produces electricity, steam, or other energy as a result, as provided in FL SS 403.7061. The term does not include facilities that primarily burn fuels other than solid waste even if such facilities also burn some solid waste as a fuel supplement. The term also does not include facilities that burn vegetative, agricultural, or silvicultural wastes, bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or waste tires, alone or in combination with fossil fuels.

Window, Bay

A projection from a building facade that contains windows and rises from the ground or from some other support, such as a porch roof.

Figure: Window, Bay

Window, Glass Curtain Wall

A window opening that spans multiple floors of a building.

Figure: Window, Glass Curtain Wall

Window, Punched Opening

A window opening that does not span multiple floors of a building.

Figure: Window, Punched Opening

Yacht Club

A use consisting of structures and related grounds and docking and/or mooring facilities that are used for social and recreational purposes related to pleasure boating, where use is primarily restricted to members and their guests.

Yard

An area within a lot that lies between the principal structure(s) on the lot and the nearest lot lines. Yards are further classified as front yards, street side yards, interior side yards, and rear yards.

Yard Sale

See definition of "garage sale."

Yard, Front

The yard between the front facade of the principal structure(s) on a lot and the front lot line, and extending the full width of a lot.

Yard, Interior Side

The yard between the side facade of the principal structure(s) on a lot and the nearest interior side lot line , and extending between the front yard and rear yard of the lot.

Yard, Rear

The yard between the rear facade of the principal structure(s) on a lot and the rear lot line, and extending the full width of the lot.

Yard, Required

The area within a lot that extends inward from front, street side, interior side, and rear lot lines for the minimum front, street side, interior side, and rear yard setbacks required for the zoning district in which the lot is located, and that is required to remain unoccupied and unobstructed from the ground upward except as may be specifically provided otherwise in this Code.

Yard, Street Side

The yard between the side facade of the principal structure(s) on a lot and the nearest street side lot line , and extending between the front yard and rear yard of the lot.

Youth Center

A facility other than a school providing social activities, fitness and recreation activities, counseling, and education services for minors—including, but not limited to, youth-oriented facilities operated by Boys & Girls Clubs and other non-profit groups. Accessory uses include athletic fields and facilities, meeting rooms, and offices and storage facilities used by supervisory staff.

Zaguan

In Spanish architecture and derivatives, an entry; a massive wooden gate that was often sheltered and wide enough to permit large wagons or coaches to enter the courtyard of a house. Often had a small door adjacent to, or a door set within the zaguán, for pedestrian traffic. See figure

Figure: Zaguan

Zoning Compliance Permit

A permit that serves as one of the city's final approvals of the compliance of detailed development plans with this Code and authorizes development, and that is reviewed and decided by the Development Services Director in accordance with Section 155.2413, Zoning Compliance Permit.

Zoning District

An area delineated on the Official Zoning Map within which a prescribed set of development standards are applied to various types of development.

Zoning District, Base

A zoning district within which a single set of use, intensity, dimensional, and development standards are applied.

Zoning District, Overlay

A zoning district that is superimposed over one or more underlying base zoning districts and that imposes standards and requirements in addition to those required by the underlying base zoning district.

Zoning Map

The Official Zoning Map of the City of Pompano Beach, on which the boundaries of various zoning districts are drawn and which is an integral part of this Code.

Zoning Map Amendment (Rezoning)

A change in the zoning district classification applied to land, reviewed and decided by the City Commission in accordance with Section 155.2403, General Zoning Map Amendment (Rezoning) or Section 155.2404, Site-Specific Zoning Map Amendment (Rezoning).

A Site-Specific Zoning Map Amendment is a zoning map amendment that has an impact on a single or limited number of properties or applicants, where the decision is contingent on a fact or facts arrived at from distinct alternatives considered at the public hearing on the application, and where the decision can be functionally viewed as policy application rather than policy setting.

A General Zoning Map Amendment is a zoning map amendment that is not a Site-Specific Zoning Map Amendment—i.e., one that has an impact on a relatively large number of properties or applicants, where the decision is contingent on and can be functionally viewed as the setting of policy setting rather than the application of policy.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-43, passed 2-26-13; Am. Ord. 2013-55, passed 5-14-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2013-75 , passed 9-24-13; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-11, passed 12-9-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2016-46, passed 3-8-16; Am. Ord. 2016-47, passed 3-8-16; Am. Ord. 2016-48, passed 3-8-16; Am. Ord. 2016-49, passed 3-8-16; Am. Ord. 2017-28 , passed 2-28-17; Am. Ord. 2017-60, passed 7-25-17 ; Am. Ord. 2018-12 , passed 11-14-17 ; Am. Ord. 2018-18, passed 12-12-17 ; Am. Ord. 2018-21 , passed 1-9-18 ; Am. Ord. 2018-40, passed 2-27-18; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2019-59, passed 4-23-19; Am. Ord. 2019-110 , passed 9-24-19 ; Am. Ord. 2020-40, passed 2-11-20 ; Am. Ord. 2022-36, passed 3-22-22; Am. Ord. 2022-71, passed 9-27-22; Am. Ord. 2024-35, passed 5-28-24)