155.4303. STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES

A. Accessory Dwelling Unit

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

An accessory dwelling unit is 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.

3. Standards

An accessory dwelling unit is allowed as an accessory use to a single-family dwelling, subject to the following standards:

a. An accessory dwelling unit is permitted only as accessory to, and on the same lot as, a single-family dwelling, and are not permitted as accessory to a two-family dwelling, multifamily dwelling, or mobile home dwelling.

b. Not more than one accessory dwelling unit per lot is permitted, and the accessory dwelling unit may not encroach on any required setback for the principal structure.

c. An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse). An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling, and shall have a principal access only from the side or rear yard of the principal dwelling.

d. The use of a mobile home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.

e. The floor area of an accessory dwelling unit may be up to 1,000 square feet but may not exceed the floor area of the principal dwelling.

f. At least one, but no more than two, off-street parking spaces shall be provided for an accessory dwelling unit (in addition to the off-street parking required for the principal dwelling).

g. For purposes of determining maximum density, an accessory dwelling unit shall be considered a half dwelling unit, however, accessory dwelling units that are committed to be restricted to be affordable housing per F.S. §163.31771, are permitted without the need to calculate density. An affidavit that attests to the fact that the unit will only be rented at an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income person or persons is required to be submitted as part of the building permit requirements if the unit is to be approved without a density calculation.

B. Amateur Ham Radio Antenna

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

An amateur ham radio antenna is 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.

3. Standards

A ham radio antenna is allowed as an accessory use, subject to the following standards:

a. The antenna shall not exceed a height of 70 feet above grade unless the ham radio operator can demonstrate that a greater height is necessary to reasonably accommodate the operator's amateur communications needs.

b. An antenna attached to a principal structure on the lot shall be located on a side or rear elevation of the structure.

c. A freestanding antenna shall be located to the rear of the principal structure on the lot, but not within five feet of any lot line.

C. Automated Teller Machine (ATM)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

An automated teller machine (ATM) is 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.

3. Standards

An automated teller machine (ATM) is allowed as an accessory use to any principal institutional, commercial, or industrial use, subject to the following standards:

a. An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.

b. If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including districts where permitted) in Section 155.4303.I, Drive-Through Service.

D. Bike Rack

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A bike rack is a stand used for mounting and securing bicycles when not in use.

3. Standards

A bike rack shall comply with the following standards:

a. Bike racks may be permitted in any required yard setback, easement, or in front of the principal structure, provided they are not located within any required landscaping buffer or vehicular use area landscaping.

b. Required Bike Racks shall comply with Section 155.5102.L Bicycle Parking Facilities.

E. Canopy, Vehicular Area

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A vehicular area canopy is 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. A canopy is not a completely enclosed structure. This use is typically associated with gas stations and drive-through facilities.

3. Standards

A canopy is allowed as accessory to a gasoline filling station or other nonresidential use or structure, subject to the following standards:

a. The form, pitch, materials, and architectural details used for the roof of a canopy covering a drive-through service facility shall be designed to appear as an extension of the roof covering the principal structure.

b. The canopy shall have a maximum clearance height of 16 feet, as measured from the finished grade to the underside of the canopy.

c. The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.

d. In addition to meeting the standards of Part 4 (Exterior Lighting) of Article 5: Development Standards, a canopy shall not be internally illuminated and any lighting on the canopy shall be fully recessed into the canopy and shall not extend downward beyond the ceiling of the canopy.

e. A canopy may be located in front of the principal structure.

f. Compliance with the following additional design standards for a canopy accessory to a gasoline filling station:

i. Subordinate Design. The size, mass, shape, and architecture shall ensure that the proposed canopy is a subordinate structure to the principal building on the site. The canopy will be considered a subordinate structure if it meets one or more of the following designs:

(A) The canopy is located behind the principal building;

(B) The canopy is physically connected to the principal building and the connection shall be wide enough to cover a pedestrian walkway;

(C) The length of the canopy is less than the length of the principal building; or

(D) The height of the canopy is less than the average height of the principal building.

ii. Canopy Support Design. The colors, materials, and architectural details of the canopy supports shall match that of the principal building. The canopy supports shall be covered with decorative cladding of material that is consistent with the architectural treatment of the principal building's facade.

iii. Canopy Length. The maximum length of a canopy is 120 feet for gasoline filling stations with fueling areas longer than 120 feet multiple canopies are permitted and encouraged.

iv. Waivers.

(A) The Development Services Director may waive compliance with the maximum 16 feet clearance standard provided the canopy complies with all of the following standards:

(1) The canopy is not a flat roof:

(2) The height of the canopy is less than the average height of the principal building;

(3) At least one elevation of the canopy has a 16 foot clearance; and

(4) The Architectural Appearance Committee approves the canopy design via a Major Building Design application.

(B) The Development Services Director may waive compliance with the standards for Subordinate Design and Canopy Support Design for those canopies located at sites where there is no principal structure or for those canopies located at existing gasoline filling stations.

F. Clothesline (as accessory to residential uses)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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

3. Standards

Clotheslines are allowed as accessory uses to residential uses, provided they are not located in a front or street side yard.

G. Clubhouse

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A clubhouse is 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.

3. Standards

A clubhouse is allowed as an accessory use to a membership club (e.g., country club, golf course, tennis club, swim club, yacht club) or a multifamily development in any district in which those uses are permitted. They are also allowed as an accessory use to a residential subdivision development. Clubhouses shall comply with the following standards:

a. Food and alcoholic beverages may only be sold to members and their guests, and patrons actually using the club facilities.

b. A clubhouse accessory to a residential subdivision shall be proposed, reviewed, and developed in conjunction with the subdivision, or approved phase thereof.

H. Dock

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A dock is a structure 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.

3. Standards

A dock is allowed as an accessory use provided it is used only by the primary occupants of the property and their guests, and is not used for commercial uses except those allowed for the principal use in the district. (See Chapter 151, Beaches and Waterways, of the Code of Ordinances for additional regulations applicable to docks.)

I. Drive-Through Service

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Drive-through service is 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.

3. Standards

A use with drive-through service shall comply with the following standards:

a. The drive-through service facilities shall be located at least 100 feet from any residential zoning district.

b. The drive-through service facilities shall be designed in accordance with Section 155.5101.G.8, Vehicle Stacking Space.

c. The drive-through service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

J. Drop-In Child Care

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Drop-in child care is 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.

3. Standards

Drop-in child care is allowed as an accessory use to a retail sales and service use, provided it is licensed in accordance with the Broward County Child Care Ordinance (Chapter 7 of the Broward County Code of Ordinances), as amended.

K. Electric Vehicle (EV) Level 1 or 2 Charging Station

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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.

3. Standards

Electric vehicle (EV) Level 1 or Level 2 charging stations are allowed as accessory to any principal use, subject to the following standards:

a. Except where accessory to a single-family, two-family, or mobile home dwelling, EV charging station spaces shall be posted with signage that identifies: the space as reserved only for the charging of electric vehicles, amperage and voltage levels; any enforceable time limits or tow away provisions; and contact information for reporting nonoperating equipment or other problems.

b. EV charging station equipment may be located in front of the principal structure, and shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

L. Electric Vehicle (EV) Level 3 Charging Station

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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.

3. Standards

Electric vehicle (EV) Level 3 charging stations are allowed as accessory to principal uses, subject to the following standards:

a. In Business, Industrial, TO, PU, T, BP, and Planned Development districts, EV Level 3 charging stations are allowed as accessory uses to automotive repair and maintenance facilities, gasoline filling stations, parking decks or garages, and any other permitted principal use.

b. In Residential districts, EV Level 3 charging stations are allowed as accessory uses to multifamily dwellings, condo hotels, and hotels or motels.

c. EV charging stations shall be reserved for the charging of electric vehicles only.

d. Each EV charging station space shall be posted with signage that identifies: the space as reserved only for the charging of electric vehicles: amperage and voltage levels: any enforceable time limits or tow away provisions: and contact information for reporting nonoperating equipment or other problems.

e. EV charging station equipment may be located in front of the principal structure, and shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

M. Family Child Care Home

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A family child care home is 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).

3. Standards

A family child care home is allowed as an accessory use to a single-family detached dwelling, provided it complies with all applicable regulations, including licensing requirements, in the Broward County Family Child Care Home Licensing Ordinance (Article XV of Chapter 20 of the Broward County Code of Ordinances), as amended.

N. Family Child Care Home, Large

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A large family child care home is 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).

3. Standards

A large family child care home is allowed as an accessory use to a single-family dwelling, subject to the following standards:

a. The use complies with all applicable regulations, including licensing requirements, in the Broward County Child Care Ordinance (Chapter 7 of the Broward County Code of Ordinances), as amended.

b. No more than one person other than full-time residents of the principal dwelling may be employed in connection with the child care use.

O. Fence or Wall

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A fence or wall is 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.

3. Standards

a. A fence or wall shall comply with the standards provided for in Section 155.5302, Fences and Walls.

b. A fence or wall may be permitted in any required yard setback, easement, or in front of the principal structure.

P. Garage or Carport

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A garage or carport is a structure used or designed 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 exist as a detached accessory structure.

3. Standards

a. A garage or carport may be located in front of the principal structure.

b. A garage or carport, including attached and unattached, shall be located at least 20 feet from the street side lot line.

Q. Greenhouse

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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

3. Standards

A greenhouse is allowed as an accessory use provided all incidental equipment and supplies related to a greenhouse use, including fertilizer and empty containers, are kept within the greenhouse or an accessory structure and provided they comply with the following:

a. Height and Area

i. The structure shall not exceed ten feet in height.

ii. The structure shall not exceed a size greater than 20% of the area of the principal structure; however the structure may be a minimum of 300 square feet.

b. Setback

i. The structure maybe located within an interior side yard setback or a rear yard setback, but shall be located at least three feet from a side or rear lot line.

ii. The structure located closer than five feet to an interior side or rear lot line shall be screened with a six foot high solid fence or a hedge maintained at a height of five feet along such interior side and/or rear lot line.

R. Green Roof

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A green roof is 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.

S. Home Based Business

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A home based business is 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 businesses that are inconsistent with the uses of the residential area that surrounds the property.

3. Standards

A home based business is allowed as an accessory use to any principal dwelling unit , subject to the following standards:

a. The home based business shall be located within the dwelling and its activities are secondary to the property’s use as a residential dwelling.

b. Employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the residential dwelling. The business may have additional remote employees that do not work at the residential dwelling.

c. The home based business shall cause no change in the external appearance of the existing dwelling and structures on the property. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to the residential dwelling to accommodate a home based business must conform to the residential character and architectural aesthetics of the neighborhood.

d. There shall be no outdoor display or storage of goods, equipment, or services associated with the home based business.

e. The home based business may not conduct retail or online sales transactions at a structure other than the residential dwelling. However, incidental business uses and activities may be conducted at the residential property.

f. Vehicles and trailers used in connection with the business must be parked in conformance with the standards of this code (§155.4303.Y. Parking or Storage of Commercial Vehicles in Residential Zoning Districts), and in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

g. There shall be sufficient off-street parking for patrons of the home based business, with the number of off-street parking spaces required for the home based business provided and maintained in addition to the space or spaces required for the dwelling itself.

h. The home based business shall not involve significantly greater volumes or frequencies of deliveries or shipments, vehicular traffic, or pedestrian traffic than normally expected in a residential area.

i. The home based business shall not generate noise, vibration, heat, smoke, dust, noxious odor, glare, fumes, or electrical or communications interference (including visual or audible interference with radio or television reception) that can be detected by the normal senses off the premises.

j. The home based business shall comply with all local and state regulations with respect to signage, including Chapter 156, Sign Code.

k. The home based business shall comply with all local and state regulations with respect to fire and building and other applicable codes.

T. Limited Fuel/Oil/Bottled Gas Distribution

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Limited fuel/oil/bottled gas distribution is the distribution of fuel oil or bottled gases, such as propane or liquid petroleum, in cans with volumes no greater than five gallons, for compensation.

3. Standards

Limited fuel/oil/bottled gas distribution is allowed as an accessory use to convenience stores, grocery stores , retail sales establishments, gasoline filling stationss, and mobile home parks .

U. Outdoor Display of Merchandise

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Outdoor display of merchandise is the placement of products or materials for sale or rental outside the entrance of a retail or wholesale sales establishment.

3. Standards

Outdoor display of merchandise for sale or rental is allowed as an accessory use to any retail sales and service use or wholesale sales use that is operated within a building located on the same lot. It is the intent of this Code to allow the display of merchandise for sale or rental, except where the display of such items impedes the flow of pedestrian or vehicular traffic or creates an unsafe condition. The outdoor display of goods for sale or rental shall comply with the following standards:

a. All outdoor display of goods shall be located immediately adjacent to the principal building.

b. Outdoor display areas shall be limited to no more than 100 square feet in area.

V. Outdoor Seating, Including Sidewalk Cafes (as accessory to an eating and drinking establishment)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

S

A

2. Definition

Outdoor seating is the provision of accessory outdoor seating areas by an eating or 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.

3. Standards

Outdoor seating is allowed as an accessory use to any eating or drinking establishment subject to the following standards:

a. No sound production or reproduction machine or device (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that is any louder than necessary for the convenient hearing of persons within the outdoor seating area, and that would disturb the peace, quiet, or comfort of adjoining properties.

b. Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment.

c. Food preparation shall occur only within the enclosed principal building containing the eating or drinking establishment.

d. Except in the Atlantic Overlay District, the number of outdoor seats shall not exceed the number of indoor seats.

e. Location / Dimensional Standards.

i. Except within the Atlantic Boulevard Overlay and/or the East Overlay district, the outdoor seating area shall be located at least 100 feet from any property containing a single-family dwelling or within a Single-Family Residential (RS-) zoning district.

ii. If located within or adjacent to a public right-of-way or sidewalk, the outdoor seating area shall:

(A) Not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(B) Maintain a clear distance of at least five feet from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.

(C) Not place any objects adjacent to or within the sidewalk that would have the effect of forming a physical or visual barrier.

iii. For sidewalk cafes only, the outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property.

f. Appearance Standards.

i. Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.

ii. No tables, chairs, or any other parts of an outdoor seating area shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb, or sidewalk in or near the permitted area.

iii. Signage is not permitted on tables, chairs, umbrellas, or any other furnishings associated with outdoor seating areas that are visible from right-of-way.

g. Sidewalk Cafes.

The following standards are applicable only to Sidewalk Cafes:

i. A sidewalk café permit issued pursuant to this section expire annually on September 30.

ii. Insurance / hold harmless requirements

The operator of the eating or drinking establishment shall enter into a Hold Harmless agreement with the city that has been approved as to form by the City Attorney and includes the following:

(A) Ensures that the operator is adequately insured against and indemnifies and holds the city harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition:

(1) Commercial general liability insurance in the amount of $1,000,000.00, per occurrence, for bodily injury and property damage; and

(2) The city must be named as an additional insured on this policy, and a certificate of insurance containing an endorsement must be issued as part of the policy.

(B) For sidewalk cafes which serve alcoholic beverages, alcoholic-license liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy and a certificate of insurance containing an endorsement must be issued as part of the policy.

(C) Authorizes the city to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner's expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area.

iii. Revocation of Sidewalk Café Permit

The approval of a sidewalk cafe permit is subject to revocation at all times. A sidewalk cafe permit may be revoked or suspended if it is found that:

(A) The permit holder does not have insurance which is correct and effective in the minimum amounts described in Section 155.4303.V.3.c.i.B;

(B) Any necessary business or health permit or license has been suspended, revoked or canceled;

(C) The permit holder exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area;

(D) The permit holder has failed to correct violations of this article or conditions of this permit within 72 hours of receipt of the notice of violations delivered in writing to the property; or

(E) The site is not in compliance with the approved outdoor seating site plan.

W. Outdoor Storage (as an accessory use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

S

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Outdoor storage as an accessory use is the keeping, in an area that is not totally and permanently enclosed on the site of a principal use, of any finished goods, material, merchandise, boats, or vehicles associated with the principal use 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.

3. Standards

Outdoor storage may be allowed as an accessory use to any commercial or industrial use, subject to the following standards:

a. Perimeter buffer and screening standards

i. A Type B perimeter buffer in accordance with Section 155.5203.F, Perimeter Buffers, shall be provided between the outdoor storage area(s) and all property lines.

(A) Existing properties. Lawfully existing outdoor storage established prior to 1999, or lawfully existing outdoor storage established prior to annexation without a Landscape Plan approved on record shall comply with the perimeter buffer and screening standards of this section. Submission and approval of a landscape plan shall be required for compliance with this section.

(1) The modifications permitted in Section 155.4228.A.3.a.ii.(A) may be permitted.

b. The total area of outdoor storage areas shall not exceed 35 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.

c. Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site, and shall be located to the side or rear of the principal structure, and not on the roof of a structure.

d. Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use.

e. Properties whose outdoor storage consists solely of building materials for sale by the principal business and are located within the Heavy Business (B-4) Zoning District may, as an alternative to the requirements in subsection i. above, provide a six foot high solid concrete wall and solid gate.

X. Parking or Storage of Motor Vehicles, Recreational Vehicles, Boats, or Trailers in Residential Zoning Districts

1. Purpose

In recognition that the continual or long-term parking or storing of certain vehicles on streets and on properties in residential neighborhoods detracts from the residential character of such neighborhoods, this provision is intended to prohibit such activity in residential zoning districts. It is not intended to prevent the occasional or short-term parking of such vehicles for purposes such as loading, unloading, or cleaning, or to apply in nonresidential zoning districts.

2. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

3. Applicability

a. General

The standards in this subsection apply to any motor vehicle, recreational vehicle, boat, or trailer parked or stored on a public right-of-way or property in a residential zoning district, except where exempted by subsection b below.

b. Exemptions

The following activities are exempt from the standards of this subsection:

i. The active loading, unloading, or cleaning of a recreational vehicle, boat, or trailer on private property in preparation for or following an off-premises trip, where the loading/unloading/cleaning period does not exceed two 24-hour periods in any seven-day period;

ii. The dockage of a boat used for recreational purposes in a canal or waterway or the landing of such a boat from a canal or waterway by a permanent hoist mechanism;

iii. The storage of a canoe or kayak; and

iv. The parking or storage of a light van with a permanently raised roof or other special vehicle for use by a person confined to a wheelchair, pursuant to a permit issued by the city for a defined time period, subject to renewal.

4. Standards

The parking or storing of a motor vehicle, recreational vehicle, boat, or trailer on a required front yard or street side yard in a residential zoning district is allowed as an accessory use, subject to the following standards (unless exempted by subsection 3.b above):

a. The lot on which a motor vehicle, recreational vehicle, boat, or trailer is parked or stored shall contain a permitted principal structure and not be a vacant lot.

b. Any automobile or light truck no more than 21 feet long and eight feet high, or a motor home, boat, or trailer no more than 30 feet long and ten feet high, may be parked or stored in the required front yard of the lot. No more than one motor home, boat or trailer per dwelling unit , shall be stored in a required front yard.

c. Any motor vehicle, recreational vehicle, boat, or trailer parked or stored in a garage or carport shall not project horizontally beyond the roofline of the garage or carport.

d. Any motor vehicle, recreational vehicle, boat, or trailer parked or stored in a carport and not fully shielded by a wall integral to the carport structure shall be screened from ground level view from any street and adjoining properties (as measured from a height of six feet above grade of the adjoining property).

e. Any motor vehicle, recreational vehicle, boat, or trailer parked or stored in a required front yard or a street side yard shall be parked or stored on a hard, dustless, and bonded surface (such as asphaltic concrete, Portland cement, or other material normally used to surface vehicle areas) that is the same size or larger than the parked or stored motor vehicle, recreational vehicle, boat, airboat, or trailer. Driveways or accessways serving the parking or storage area need not be such a hard, dustless, and bonded surface.

f. Any motor vehicle, recreational vehicle, boat, or trailer parked or stored in a required front yard or a street side yard shall be parked or stored transverse to the adjoining public street so its shortest dimension is parallel to the street.

g. Any motor vehicle, recreational vehicle, boat, or trailer parked or stored in a required rear yard or interior side yard shall be screened from ground level view from any street and adjoining properties (as measured from a height of six feet above grade of the adjoining property).

h. A boat shall be parked or stored on a trailer.

i. A motor vehicle, recreational vehicle, boat, or trailer parked on a lot in a residential zoning district shall:

i. Be currently registered and have current, valid license plates or decals attached to and visible from outside of the motor vehicle, recreational vehicle, boat, or trailer;

ii. Be owned by an occupant of the property on which it is parked or stored;

iii. Be placed on the lot in a neat and orderly manner, and if collapsible, in a collapsed state;

iv. Be maintained in a moveable condition, with inflated tires if so equipped;

v. Not be in the process of being constructed or reconstructed;

vi. Be maintained in good condition, working order, and appearance, with no repair work other than minor repairs (e.g., tune-ups and similar ignition work, lights, changing fluids, starters, alternators, routine adjustments, tire changes, brake repairs) being performed on it outside a residential garage;

vii. Not be stored on jacks or blocks except during active loading or unloading;

viii. Not extend over a public right-of-way; and

ix. Be without any commercial lettering.

j. No parked or stored motor vehicle, recreational vehicle, boat, or trailer shall be inhabited as a principal residence. Recreational vehicles and boats may be connected to utilities as needed to replenish supplies in preparation for or following an off-premise trip.

Y. Parking or Storage of Commercial Vehicles in Residential Zoning Districts

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Applicability

a. General

The standards in this subsection apply to any commercial vehicle that is parked or stored on a lot in a residential zoning district, except where exempted by subsection b below. A commercial vehicle is 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.

b. Exemptions

The following commercial vehicles are exempt from the standards of this subsection:

i. Delivery service vehicles making a pickup or delivery to the property on which they are parked for the time reasonably necessary to provide that service;

ii. Commercial vehicles providing a service to the property on which they are parked for the time reasonably necessary to provide that service;

iii. Official vehicles of governmental agencies; and

iv. Commercial vehicles being used for construction activities on the property on which they are parked, provided the construction is pursuant to a valid and current city permit and parking of such vehicles is limited to the hours between 7:00 a.m. and 10:00 p.m.

3. Standards

The parking or storing of a commercial vehicle on a lot in a residential zoning district is allowed as an accessory use, subject to the following standards (unless exempted by subsection 2.b above):

a. The lot on which the commercial vehicle is parked or stored shall contain a permitted principal structure and not be a vacant lot.

b. Only commercial automobiles or light trucks that have no more than two axles, are no more than 21 feet long and eight feet high, have no altered cargo box, and have no more than a total of 7.5 square feet of commercial lettering on each side or on the rear of the vehicle may be parked in the required front yard or a street side yard of the lot provided:

i. The vehicle is parked in a driveway or parking lot; and

ii. No tools, materials, ladders pipes, or racks are visible.

c. A single utility trailer and a single commercial automobile or light truck with an altered cargo box that has no more than two axles, is no more than 21 feet long and eight feet high, and has no more than a total of 7.5 square feet of commercial lettering on each side or on the rear of the vehicle may be parked in the required rear yard or interior side yard of a lot with a single-family dwelling, provided:

i. The trailer or vehicle is screened to a height of six feet from adjoining properties to the side and rear; and

ii. No tools, materials, ladders, pipes, or racks are visible from such adjoining properties.

d. Any commercial vehicle other than those allowed under Sections b and c above shall be parked in a permitted garage or carport of a single-family dwelling.

e. Any commercial vehicle parked or stored in a garage or carport shall not project horizontally beyond the roofline of the garage or carport.

f. Any commercial vehicle parked in a carport and not fully shielded by a wall integral to the carport structure shall be screened up to a height of six feet along adjoining property lines.

g. Any commercial vehicle parked in a required front yard or street side yard or in a garage or carport shall be parked on a hard, dustless, and bonded surface (such as asphaltic concrete, Portland cement, or other material normally used to surface vehicle areas) that is the same size or larger than the parked vehicle. All driveways or accessways serving the parking area shall also be such a hard, dustless, and bonded surface.

h. Any commercial vehicle parked in a required front yard or street side yard shall, to the extent possible, be parked transverse to the adjoining public street so its shortest dimension is parallel to the street.

i. A commercial vehicle with commercial lettering on the rear of the vehicle shall be backed into any open air parking area.

j. A commercial vehicle parked on a lot in a residential zoning district shall:

i. Be currently registered and have current, valid license plates attached to and visible from outside of the vehicle;

ii. Be principally used by an occupant of the property on which it is parked;

iii. Be maintained in a moveable condition, with mounted and inflated tires;

iv. Not be in the process of being constructed or reconstructed or have no repair work other than minor repairs (e.g., tune-ups and similar ignition work, lights, changing fluids, starters, alternators, routine adjustments, tire changes, brake repairs); and

v. Not extend over a public right-of-way.

Z. Rainwater Cistern

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A rainwater cistern is 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.

3. Standards

An aboveground rainwater cistern is allowed as an accessory use or structure to any principal use or structure, provided it shall:

a. Be located directly adjacent to the principal structure on a lot and may be located in front of the principal structure;

b. Not be located within required front, side, or rear yards, unless the cistern is underground or less than five feet in height;

c. Be affixed to the principal structure or accessory structure so as to capture rainwater from the structure's gutter system; and

d. Not serve as signage.

AA. Recycling Drop-Off Station

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A recycling drop-off station is 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.

3. Standards

A recycling drop-off station is allowed as an accessory use or structure to any principal use or structure, subject to the following standards:

a. The station shall be located in or adjacent to an off-street parking area.

b. The station shall be at least 10 feet from any property line and 25 feet from any property line abutting a street.

c. The station shall be located as close as possible to the principal structure and may be permitted in front of the principal structure.

d. The station shall be located in the area designated for the station as depicted on the approved site plan, per subsection g below.

e. The station shall be screened in accordance with Section 155.5301.C, Location and Screening of Commercial Containers.

f. The station and adjacent area shall be kept free of litter, debris, and residue and be maintained in good appearance.

g. The station must legibly display the name and current address of the owner of the station, along with a valid 24-hour telephone contact number of the owner or its designated representative.

h. Prior to installation of the station a development order for a Minor Site Plan, which depicts the designated location of the station, shall be obtained by the owner of the station, or the property owner where the station will be situated.

i. Prior to installation of the station a building permit for the station must be obtained from the City's Building Department by the owner of the station, or the property owner where the station will be situated. All final approvals for the building permit shall be obtained.

BB. Retail Sales (as accessory use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Retail sales as an accessory use is the retail sales of any products of or associated with a principal use.

3. Standards

Retail sales are allowed as an accessory use to a principal use, provided the gross floor area occupied by the retail sales use does not exceed 20 percent of the gross floor occupied by the principal use.

CC. Satellite Dish

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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

3. Standards

A satellite dish is allowed as an accessory use or structure to any principal use or structure. A satellite dish greater than one meter in diameter in a residential zoning district, or a satellite dish greater than two meters in diameter in a nonresidential zoning district, shall comply with the following standards to the extent such compliance does not unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of the dish, or preclude reception of an acceptable quality signal. These standards shall not be interpreted or enforced in any manner contrary to federal or state law.

a. In a residential zoning district, a satellite dish may be located within a required interior side yard or rear yard , but shall not:

i. Be located within five feet of any lot line; and

ii. Exceed a height of 15 feet above ground level, where mounted on a mast.

b. A satellite dish may be located on the roof of a principal structure, provided it shall not extend more than 15 feet above the roof surface.

DD. Small Wind Energy System

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A small wind energy system is 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.

3. Standards

A small-scale wind turbine is allowed as an accessory use or structure to any principal use or structure, subject to the following standards:

a. Location and Setback

i. Tower-mounted wind energy systems may be located within an interior side or rear yard .

ii. A small wind energy system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.

b. Height

The maximum height of a small wind energy system (including the tower and extended blades) shall be the maximum height allowed in the zoning district plus 50 feet.

c. Sound

Sound produced by the wind turbine under normal operating conditions, as measured at the property line abutting an existing residential use, shall not exceed 55 dBA at any time. The 55 dBA sound level, however, may be exceeded during short-term events that occur beyond the property owner's control, such as utility outages and/or severe wind storms.

d. Appearance

The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site. Bright, luminescent, or neon colors, as determined by the Development Services Director, are prohibited.

e. Blade Clearance

The blade tip or vane of any small wind energy system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public right of ways, driveways, or sidewalks.

f. Lighting

No illumination of the turbine or tower shall be allowed unless required by the Federal Aviation Administration (FAA).

g. Access to Tower

On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.

h. Signage Prohibited

No wind generator, tower, building, or other structure associated with a small wind energy system shall include any signage visible from any public street other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

i. Utility Notification

No small wind energy system intended to connect to the electric utility shall be installed until evidence has been submitted to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator.

j. Abandonment

On determining that a wind turbine has been inoperable for six consecutive months, the Development Services Director shall send the property owner a notice and order requiring restoration of the system to operating order within six months after receiving the notice. If the owner fails to restore the system to operating condition within the six-month time frame, the owner shall be required, at the owner's expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the city may pursue legal action to have the wind turbine removed at the owner's expense.

EE. Solar Energy Collection System

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A solar energy collection system is 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.

3. Standards

A solar energy collection system is allowed as an accessory use or structure to any principal use or structure, subject to following standards.

a. Location

The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in Section 155.4302.B.2, Location of Accessory Uses and Structures.

b. Height

i. The system shall comply with the maximum height standards for the zoning district in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.

ii. Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.

c. Maintenance

The system shall be properly maintained and kept free from hazards—including, but not limited to, faulty wiring, loose fastenings, and being in an unsafe condition or detrimental to the public health, safety, or general welfare.

d. Solar Easements

Approval of a solar energy collection system in accordance with this Code does not create any right for the system to be free of shadows or other obstructions to solar access caused by development or vegetative growth on adjacent properties. The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to provide such protection of solar access for the solar energy collection system, and shall record any such solar easement with the Broward County Records Division and submit a copy to the Development Services Director.

e. Consideration of Solar Access in Application of Tree Preservation Standards

Protection of solar access to an existing or approved solar energy collection system is a factor the Development Services Director considers in reviewing a Tree Permit involving the relocation or replacement of trees, in accordance with Section 155.5204.D.2, Tree Relocation Standards, and Section 155.5204.E.2, Tree Replacement Standards.

FF. Storage Shed

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A storage shed is 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.

3. Standards

Storage sheds are allowed as an accessory structure subject to the following standards:

a. Height and Area

i. The structure shall not exceed ten feet in height.

ii. The structure shall not exceed a size greater than 20% of the area of the principal structure; however the structure may be a minimum of 300 square feet.

b. Setback

i. The structure may be located within an interior side yard setback or a rear yard setback, but shall be located at least three feet from a side or rear lot line.

ii. The structure located closer than five feet to an interior side or rear lot line shall be screened with a six foot high solid fence or a hedge maintained at a height of five feet along such interior side and/or rear lot line.

GG. Swimming Pool, Spa, or Hot Tub

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A swimming pool , spa, or hot tub is an above- or below-ground structure that is filled with water and used for swimming, soaking, relaxation, massage, or hydrotherapy.

3. Standards

a. In all zoning districts except I-1 and OIP, a swimming pool , spa, or hot tub is allowed as an accessory use or structure provided it complies with all applicable standards in the Building Code—including, but not limited to, barrier requirements.

b. In the I-1 and OIP zoning districts, a swimming pool , spa, or hot tub shall only be permitted as an accessory use or structure to an approved Hotel, provided it complies with all applicable standards in the Building Code—including, but not limited to, barrier requirements.

c. In all zoning districts, when constructed as an accessory use or structure to an approved Hotel, the swimming pool , spa, or hot tub may be located in front of the hotel's principal structure upon demonstration of design and exposure.

d. Setbacks

i. A swimming pool, spa, or hot tub may be located in a required interior side yard setback, street side yard setback, or required rear yard setback.

ii. A swimming pool, spa, or hot tub shall be located at least five feet from any interior side, street side, or rear lot line.

iii. The measurements shall be taken from the inner edge or water line of the pool.

iv. A swimming pool, spa, or hot tub may be located in any required yard setback and in front of the principal structure, provided that the lot is a corner lot or a through lot. A swimming pool, spa, or hot tub shall be located at least five feet from the front property line.

e. Portable pools which are less than 24 inches in depth may be allowed in any required yard setback

f. Mechanical equipment associated with a permitted swimming pool shall comply with the standards for Section 155.4303.JJ (Mechanical equipment and similar features).

g. Screen enclosures associated with a permitted swimming pool shall comply with the standards for Section 155.4303.OO (Screened Enclosures with Screened Roof).

HH. Television or Radio Antenna

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A television or radio antenna is an omnidirectional antenna tuned to the broadcast frequencies assigned to television or commercial radio. This use does not include an amateur ham radio antenna or satellite dish.

3. Standards

A television or radio antenna is allowed to be attached to a principal structure provided it is located on a side or rear elevation of the structure and extends no more than 15 feet above the highest point of the structure.

II. Dormitory (as accessory to education use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

S

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

S

2. Definition

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

3. Standards

A dormitory is allowed as an accessory use or structure to any Education Use, subject to the following standards:

a. The dormitory shall be owned and operated by an approved Education Use.

b. The dormitory may not be occupied prior to the completion of the Education Use.

c. The dormitory shall be located within 500 feet walking distance of the primary pedestrian entrances to the Education Uses served by the Dormitory.

d. The dormitory shall not be separated from the Education Use by a principal arterial street or minor arterial street unless safe pedestrian access across the street is provided by a grade-separated pedestrian walkway or appropriate traffic controls (e.g. signalized crosswalk).

JJ. Mechanical Equipment and Similar Features

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

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.

3. Standards

Mechanical Equipment and similar features are subject to the following standards:

a. Setback

i. Mechanical Equipment and similar features may be located within an interior side yard setback or a rear yard setback, but shall be located at least three feet from a side or rear lot line.

b. Height Limitation

Roof mounted mechanical equipment may be permitted to extend above the applicable maximum height limit for the zoning district provided they:

i. Cover not more than 25 percent of the roof area of the structure to which they are attached; and

ii. Extend above the applicable maximum height limit by no more than 25 percent of the height limit (unless otherwise allowed in this Code).

c. Mechanical Equipment and similar features shall be screened in compliance with applicable screening requirements for mechanical equipment and appurtenances in Section 155.5301, Screening.

KK. Uncovered Porches, Decks, Patios, Terraces, and Walkways

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Uncovered porches, decks, patios, terraces, and walkways are hard surfaces often attached to an enclosed structure and used for outdoor seating and access.

3. Standards

Uncovered porches, decks, patios, terraces, and walkways are subject to the following standards:

a. They may be located in a required rear yard setback, but they shall be located at least by a distance equal to or greater than the uncovered structures height.

b. They may be located in a required front yard setback, required street side yard setback, or required interior side yard setback if they are less than 12 inches in height.

c. They may be located in an easement or in front of the principal structure if they are less than 12 inches in height and/or at grade.

d. For properties which include area seaward of the historic dune vegetation line as defined herein, uncovered at-grade porches, patios, and walkways may be located seaward of the historic dune vegetation line subject to all the following standards:

i. A minimum of 80% of the property seaward of the historic dune vegetation line shall be pervious.

ii. The at-grade porch, patio, and walkway shall be designed to have minimal impact on the existing dune. Any impact to the dune shall be mitigated.

iii. An elevated walkway may be permitted only if necessary to protect the existing dune.

LL. Flagpoles

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Flagpoles are poles used for flying flags.

3. Standards

Flagpoles may be located in front of the principal structure and are subject to the following standards:

a. Residential Zoning District: Height.

i. A Flagpole may be erected to the maximum height allowed by the zoning district in which the pole is to be located provided the pole is not placed in any required yard setback and any easement.

ii. A Flagpole may be located in any required yard setback and any easement, provided they are located at least three feet from any lot line and provided they are less than 17.5 feet in height.

b. Non-Residential Zoning District: Height and Location.

i. A Flagpole may be erected to the maximum height allowed by the zoning district in which the pole is to be located provided the pole is not placed in any required yard setback and any easement.

ii. On property abutting a right-of-way of 80 feet or less, a flag pole may be located to within four feet of a right-of-way line, ten feet of any other property line, and within any easement, provided the pole does not exceed a height of 25 feet.

iii. On property abutting a right-of-way of greater than 80 feet, a flag pole may be located to within four feet of a right-of-way line, ten feet of any other property line, and within any easement, provided the pole does not exceed a height of 30 feet.

MM. Lighting Fixtures, Projecting or Free-standing

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Lighting fixtures, projecting or free-standing are 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.

3. Standards

Lighting fixtures, projecting or free-standing are subject to the standards listed in Article 5, Part 4, Exterior Lighting.

NN. Gazebo

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A gazebo is 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.

3. Standards

Gazebos are allowed as an accessory structure subject to the following standards:

a. Height and Area

i. The structure shall not exceed ten feet in height; however a chickee hut as provided for in F.S. 553.73(9)(i) maybe constructed to a height not to exceed 15 feet.

ii. The structure shall not exceed a size greater than 20% of the area of the principal structure; however the structure may be a minimum of 300 square feet.

b. Setback

i. The structure may be located within an interior side yard setback or a rear yard setback, but shall be located at least three feet from a side or rear lot line.

ii. The structure located closer than five feet to an interior side or rear lot line shall be screened with a six foot high solid fence or a hedge maintained at a height of five feet along such interior side and/or rear lot line.

OO. Screened Enclosures with Screen Roof

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Screened Enclosures with a screen roof is 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.

3. Standards

A screened enclosure with a screen roof may be permitted in a required rear yard , provided it shall be at least 15 feet from the rear lot line.

PP. Eating and Drinking Establishments (As An Accessory Use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

S

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

S

A

2. Definition

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

3. Standards

Eating and drinking establishments located on the site of a hotel or condo hotel shall comply with the following standards:

a. An eating or drinking establishment shall only be permitted in the RM-20, RM-30, and RM-45 zoning districts provided the hotel or condo hotel has 50 or more rooms.

b. The number of required off-street parking spaces may be reduced in accordance with the following:

i. No off-street parking spaces are required if establishment's cumulative gross square footage is less than 20% of the gross floor area of the hotel or condo hotel use and no exterior signage is provided for the establishment.

ii. Fifty percent of the required off-street parking spaces shall be provided if the establishment's cumulative gross square footage is 20% or more of the gross floor area of the hotel or condo hotel use and no exterior signage is provided for the establishment.

iii. Regardless of the establishment's size, 75% of the required off-street parking spaces shall be provided if exterior signage is provided for the establishment.

QQ. Bandshell or Outdoor Stage

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A bandshell or outdoor stage is an open air structure used or designed for the viewing of musical, theatrical or other entertainment performances.

3. Standards

All outdoor musical performances shall be in compliance with City Code of Ordinances Section 132.26.

RR. Limited Mental Health Treatment Facility

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A limited mental health treatment facility is 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.

3. Standards

A limited mental health treatment facility shall comply with the following standards:

a. The facility shall be located adjacent to either a collector or arterial roadway, and within ¼ mile of a mass-transit stop.

b. In accordance with § 155.4302.B.1.e., the applicant shall submit a floor plan which clearly demonstrates the aggregate gross floor area of this use is less than 49% of the total gross floor area of the principal use.

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

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Alcoholic beverage sales as an accessory use to a brewery, winery, or distillery is 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.

TT. Package Sales as an Accessory Use to a Bar or Lounge

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

S

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

Package sales as an accessory use to a bar or lounge is the accessory retail sales of beer, wine, or liquor for consumption off the premises at a bar or lounge.

UU. Retail Clinic

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

A

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A retail clinic is 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.

VV. Mobile Vendors on Private Property

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

A

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

A

2. Definition

A person, corporation, company or business which sells or offers for sale goods, wares, merchandise, beverages or foodstuffs of any kind or nature whatsoever from a mobile vending vehicle or from his person and not from an enclosed structure. This term does not apply to accessory structures that are approved for use to augment the operation of a permanent restaurant on the same lot.

3. Standards

a. A mobile vendor on private property shall comply with the standards provided for in § 115.18, Mobile Vendor, Itinerant Merchant, or Peddler.

b. A mobile vendor on private property may be permitted in any required yard setback or in front of the principal structure.

(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. 2014-16, passed 1-28-14; Am. Ord. 2014-33, passed 4-22-14; Am. Ord. 2015-01, passed 10-14-14; Am. Ord. 2015-11, passed 12-9-14; Am. Ord. 2016-48, passed 3-8-16; Am. Ord. 2016-49, passed 3-8-16; Am. Ord. 2016-53, passed 3-22-16; Am. Ord. 2017-24, passed 2-14-17; Am. Ord. 2017-28 , passed 2-28-17; Am. Ord. 2018-40, passed 2-27-18; 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. 2021-10, passed 11-10-20; Am. Ord. 2022-02, passed 10-26-21; Am. Ord. 2022-21, passed 1-25-22; Am. Ord. 2022-59, passed 7-26-22; Am. Ord. 2023-35, passed 2-28-23 )