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Broward County Unincorporated
City Zoning Code

ARTICLE XV

RURAL AND ESTATE DISTRICTS10


Footnotes:
--- (10) ---

Editor's note— Ord. No. 1999-40, §§ 1, 2, adopted June 22, 1999, repealed former Art. XV, §§ 39-256, 39-257, in its entirety and enacted new provisions as herein set out. Former Art. XV pertained to special district regulations and derived from amendments eff. 9-13-73; eff. 8-10-77; eff 11-28-77; eff. 8-10-77; Ord. No. 95-50, § 16, 11-28-95; Ord. No. 96-17, § 4, 5-28-96; Ord. No. 1998-06, § 5, 3-24-98.


Sec. 39-260.- General provisions.

The following general requirements shall apply in all rural and estate districts:

(1)

Fences, walls and hedges: Fences, walls and hedges, not including entrance features and farm structures, shall be permitted to a maximum height of six (6) feet above the established grade along any street line, except that at the intersection of any two public or private streets, no fence, wall or hedge shall be placed or maintained within twenty-five (25) feet of the intersection of the two public or private streets. Fences and walls, excluding farm structures, along any plot line not adjacent to a street or within any required yard shall be limited to a height of six (6) feet above the established grade; however, hedges and all natural vegetation shall not be subject to height limits. Decorative lighting mounted on posts as an integral part of any fence or wall shall not be counted in determining fence height. Any such lighting must be shaded, hooded or translucent fixtures.

(2)

Vehicle and farm equipment repair. Mechanical repairs to vehicles and boats owned by the resident shall be permitted inside a building. Mechanical repairs to farm or agricultural equipment used on the plot to maintain a permissible agricultural use being conducted on the property, or equipment used to maintain the property, such as lawn tractors, shall be permitted inside or outside.

(3)

Storage: The following may be stored in all Rural and Estate districts:

(a)

Equipment and materials required for construction of a building or structure on the same site for which all required permits have been obtained and remain valid for the duration of the project.

(b)

Outside storage of household items of the resident designed and intended for outdoor use.

(c)

Operable vehicles and equipment necessary for the operation of a farm.

(d)

One non-agricultural commercial vehicle may be parked or stored on a plot inside a carport or other roofed structure, excluding any vehicle equipped with a bucket lift, and excluding semi-trailers, truck-tractors, dump trucks, tow trucks and moving vans, any of which may be parked or stored inside a completely enclosed building.

(e)

Outside storage of a maximum of one boat and one recreational vehicle, not including park trailers, as an accessory use to a permanent dwelling on the premises. Recreational vehicles shall not be used for living purposes and may not maintain water or sewage connections.

(f)

The storage of junk and debris shall be subject to removal as provided in Article X, Property Maintenance, of this Chapter.

(g)

Storage and parking of private passenger vehicles shall be in accordance with Article XII, Offstreet Parking and Loading, of this Chapter.

(4)

Swimming pools and spas: Swimming pools and spas must be enclosed either by a screen enclosure or fence at least five (5) feet high of materials which will preclude unauthorized access to the pool or spa area. All screen doors and fence gates shall be equipped with self-closing, self-latching mechanisms.

(5)

Animals: Breeding, raising or keeping of animals shall be permitted as follows:

(a)

In all Rural and Estate districts:

1.

One animal for each ten thousand (10,000) square feet of plot area. Said restriction on the number of animals, however, shall not apply to household pets as defined in Article II of this Code. There shall be no limit on the number of animals on plots more than ten (10) net acres in size. The number and types of animals shall not be restricted on farms in the Rural and Estate Districts.

2.

Poultry.

3.

In addition to the animals in paragraphs 1. and 2. above, the following may be kept on a plot containing a permanent dwelling:

a.

A total of twenty-five (25) birds and fowl; provided such birds or fowl are kept in an enclosure which is at least fifty (50) feet from any plot line;

b.

Dogs, cats and other household pets; and

c.

Wildlife pets as permitted and licensed by the State of Florida.

4.

Offspring under the normal weaning age for the species shall not be included in calculating the number of animals.

5.

On plots exceeding 4.5 acres in net area, one additional animal shall be permitted for each ten thousand (10,000) square feet of plot area, if all animals are sheltered, not including hogs and household pets.

(6)

Mobile homes and construction trailers. One mobile home may be placed on a plot in a Rural or Estate district for a period of time not to exceed one year during active construction of a permanent dwelling. No mobile home shall be placed upon any such property until a development order for construction of the dwelling and a zoning permit have been issued. The zoning permit shall be posted in such a manner that it can be observed from the exterior of the mobile home. Actual construction of the dwelling must commence within four (4) months after issuance of the zoning permit and be actively carried forward. The mobile home must be removed from the property upon completion of the permanent dwelling or at the end of the one year period, whichever occurs first. The hearing officer may grant one extension of a maximum twelve (12) months, upon petition from the property owner, subject to requirements of Article V of this Chapter.

(7)

Easements: No permanent structure except a wood or chain link fence, or similar type of open fencing, shall encroach upon or into any easement of record. No structure or use of any type shall encroach upon or obstruct access through any easement specifically granted for ingress or egress purposes to adjacent properties without the written concurrence of all property owners whose access would be restricted by such encroachment or obstruction.

(8)

Landscaping: Except for portions of plots used for farm operations, installation and maintenance of landscaping shall be subject to compliance with Article VIII, "Landscaping for Protection of Water Quality and Quantity," of this code.

(9)

Signs: Installation and maintenance of signs shall be subject to compliance with Article VI, Signs, of this code.

(10)

Definitions: Terms used within this article are defined in Article II, Definitions, of this code.

(11)

Nonconforming uses: Any use which has been established as a legal nonconforming use, or which becomes a legal nonconforming use, shall be subject to provisions of Article VII, Nonconforming Uses and Structures, of this code.

(12)

Wireless communication facilities: Wireless communication facilities shall comply with requirements of section 39-102, Wireless communication facilities, of this Code.

(13)

Offstreet parking. Offstreet parking of private passenger vehicles shall comply with Article XII, "Offstreet Parking and Loading," of this Code.

(14)

Property Maintenance. The open storage of junk, trash, debris, junk vehicles and vessels or aircraft, and the maintenance of buildings and structures shall comply with Article X, "Property Maintenance and Junk and Abandoned Property," of this Code.

(15)

Miscellaneous provisions. Rural and estate districts shall also be subject to Article IX, "General Provisions," of this Code.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2000-36, § 27, 8-22-00; Ord. No. 2001-18, § 16, 5-22-01; Ord. No. 2005-17, § 12, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 1, 9-22-20)

Sec. 39-261. - Purpose of districts.

(a)

Estate E-1 and E-2 Districts are intended to apply to areas which are primarily residential estates and vocational agricultural uses, including horse boarding, with keeping of animals permitted incidental to residential dwellings. The regulations of these districts are intended to protect, preserve and enhance the character and lifestyle of existing low density areas in compliance with the Agricultural, Estate and Rural land use designations of the certified Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan with limited community facilities permitted to serve the neighborhood.

(b)

Rural Estate and Rural Ranches districts are intended to apply to areas designated as Agricultural, Rural Estates or Rural Ranches in the Future Unincorporated Area Land Use Plan, and are intended to protect, preserve and enhance the rural character and lifestyle of existing low-density neighborhoods predominately for one family dwellings, with ranches and related agricultural uses, including horse boarding.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2000-36, § 28, 8-22-00)

Sec. 39-262. - Rural and estate zoning districts.

The following shall constitute rural and estate zoning districts for the purposes of this code:

District Title
E-1 1-Acre Estate
E-2 2-Acre Estate
Rural Estate Rural Estate
Rural Ranches Rural Ranches

 

(Ord. No. 1999-40, § 2, 6-22-99)

Sec. 39-263. - Uses permitted.

Plots in rural and estate districts may be used for one (1) or more of the following specified uses:

Key to abbreviations:

P  =  Permitted

NP =  Not Permitted

C  =  Conditional Use

Permitted Uses E-1 E-2 Rural
Estate
Rural
Ranches
1-family detached dwellings P P P P
Nonprofit neighborhood social and recreational facilities P P P P
Places of worship and accessory schools and day care centers P P P P
Community residential one-family dwelling (see Article XLI) P P P P
Essential services P P P P
Outdoor events (subject to Section 39-238) C C C C
Animals (subject to Section 39-260) P P P P
Wireless communication facilities (subject to Section 39-102) P P P P
Permitted accessory uses to a 1-family dwelling
Detached guest house or servants' quarters (no kitchen) P P P P
Accessory dwelling (subject to Section 39-272) P P P P
Yard sales (subject to Section 39-241) C C C C
Home-based business (subject to Section 39-237) P P P P
Family day care homes P P P P
Crop raising and plant nurseries (commercial and noncommercial) with on-premises sales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P* P P* P
Fish breeding (commercial and non-NP commercial) P** NP P**
Private riding instruction, training or breeding of horses, riding and boarding stables P* P** P* P**
*On plots exceeding 2.3 acres in net area
**On plots exceeding 4.5 acres in net area

 

Any other use naturally and customarily associated with any permitted use shall be considered accessory to the above, provided the accessory use is clearly incidental to, subordinate to, and subservient to the permitted use it serves.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2000-36, § 29, 8-22-00; Ord. No. 2022-18, § 4, 4-27-22; Ord. No. 2022-48, § 3, 12-6-22; Ord. No. 2025-15, § 8, 4-1-25)

Sec. 39-264. - Uses prohibited.

Any use not expressly permitted in section 39-263 of this article is prohibited.

(Ord. No. 1999-40, § 2, 6-22-99)

Sec. 39-265. - Size of plot.

(a)

Every plot in a Rural Estate or E-1 district shall be not less than one hundred twenty-five (125) feet in width and contain not less than one net acre. One-family dwellings may be permitted on smaller plots which:

(1)

Contain thirty-five thousand (35,000) square feet or more in net area and are not less than one hundred twenty-five (125) feet in width; and

(2)

Were of public record prior to September 18, 1979; and

(3)

Have not been at any time since September 18, 1979, contiguous with another plot or plots in common ownership which could be combined into a single plot of at least one gross acre; or

(4)

Are included within an approved plat in which the average density is not more than one dwelling unit per gross acre, as defined in the Future Unincorporated Area land Use Plan; or

(5)

Comply with requirements of exemptions for developed areas specified in the Future Unincorporated Area Land Use Plan.

(6)

When a plot which was recorded prior to January 1, 1973, and contained thirty-five thousand (35,000) square feet or more in area was reduced in size due to dedication for right-of-way, the resulting plot need be no larger than one hundred twenty-five (125) feet in width and thirty thousand (30,000) square feet in net area. Said plot shall not be further subdivided.

(7)

It shall be the responsibility of the applicant to provide evidence of compliance with the above exceptions.

(b)

Every plot in a Rural Ranches or E-2 district shall be not less than one hundred twenty-five (125) feet in width and contain not less than two (2) net acres, or two and one-half (2½) gross acres, as defined in the Future Unincorporated Area Land Use Plan, except that a plot having a minimum area of eighty thousand (80,000) square feet in net area, which was a plot of record as of February 8, 1993, or having at least thirty-five thousand (35,000) square feet and a minimum width of one hundred twenty-five (125) feet, established as a matter of record prior to November 18, 1977, may be used for a one-family dwelling.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 1999-50, § 1, 9-28-99)

Sec. 39-266. - Limitations for nonresidential and nonagricultural uses.

(a)

Although nonresidential and nonagricultural uses are permitted on a limited basis to serve the surrounding community, in order to promote and protect the primary purpose of rural and estate districts, the following limitations are hereby established:

(1)

Separation between nonresidential, nonagricultural uses: There shall be a minimum distance of one thousand (1,000) feet between all plots upon which a building has been constructed for and is used primarily for a permitted nonresidential and nonagricultural use. Measurement of the one thousand (1,000) feet shall be by an actual or imaginary straight line upon the ground or in the air, from the property line of one permitted nonresidential and nonagricultural use to the nearest property line of any other permitted nonresidential and nonagricultural use.

a.

Any person or entity seeking to establish a permitted nonresidential and nonagricultural use shall furnish to the county a special purpose survey sealed by a land surveyor certified by the State of Florida. The survey shall indicate the distance between the proposed use and any existing nonresidential and nonagricultural use.

(b)

Location of permitted nonresidential and nonagricultural uses. Any nonresidential and nonagricultural use shall be on a plot contiguous to an expressway or arterial as defined in the Broward County Trafficways Plan.

(c)

Maximum plot size for permitted nonresidential and nonagricultural uses. The maximum plot size for any nonresidential and nonagricultural use shall be five (5) net acres.

(Ord. No. 1999-40, § 2, 6-22-99)

Sec. 39-267. - Plot coverage.

The combined area occupied by all buildings and roofed structures shall not exceed twenty percent (20%) of the plot area in Rural Estate and E-1 districts and ten percent (10%) of the plot area in Rural Ranches and E-2 districts on portions of plots not occupied by a farm containing other than nonresidential farm buildings and structures.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2001-18, § 17, 5-22-01)

Sec. 39-268. - Height.

(a)

No building or structure, or part thereof, in an E-1 district, excluding farm buildings and structures on portions of plots occupied by a farm, shall be erected or maintained to a height exceeding forty (40) feet, except as permitted by section 39-103, exclusions from height limits, and section 39-102, wireless communication facilities.

(b)

No building or structure, or part thereof, in a Rural Estate, Rural Ranches, or E-2 district, excluding farm buildings and structures on portions of plots occupied by a farm, shall be erected, altered, or maintained to a height exceeding thirty-five (35) feet, except as permitted by Section 39-103, "Exclusions from height limits," and Section 39-102, "Wireless communication facilities."

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2000-36, § 30, 8-22-00; Ord. No. 2001-18, § 18, 5-22-01; Ord. No. 2020-34, § 26, 9-22-2020)

Sec. 39-269. - Yards.

All plots in rural and estate districts shall maintain yard setbacks for all buildings, roofed structures, and accessory uses not less than the following:

(1)

On plots less than five (5) net acres in size, any farm building or structure on a portion of a plot occupied by a farm shall either be located not less than fifty (50) feet from any plot line or shall have buffer consisting of an opaque fence or wall, hedge or berm to a minimum height of six (6) feet. There shall be no required setbacks for farm buildings and structures on plots five (5) acres or more in net area.

(2)

Front yard: A front yard of at least fifty (50) feet must be provided for all residential dwellings and accessory buildings. For the purpose of this section, the front yard shall be determined to be on the side of the plot which provides primary access by means of a public or private street or recorded access easement. In the case of cul-de-sac plots, the front yard setback shall be measured parallel to the arc of the cul-de-sac.

(3)

All other yards:

(a)

On all remaining sides of any residentially used plot, or portion thereof, there shall be a yard of at least twenty-five (25) feet between any plot line and any building or structure, including accessory uses, except permitted fences and signs.

(b)

On all nonresidential and nonagricultural plots there shall be a yard of at least fifty (50) feet between any plot line and any building or structure, except permitted fences and signs.

(4)

There shall be no minimum separation between detached farm buildings or structures on a single plot, or portion thereof, occupied by a farm. The minimum separation for all dwellings and enclosed nonfarm buildings and structures shall be ten (10) feet.

(Ord. No. 1999-40, § 2, 6-22-99; Ord. No. 2001-18, § 19, 5-22-01; Ord. No. 2020-34, § 27, 9-22-2020)

Sec. 39-270. - Minimum floor area for dwellings.

The minimum floor area of a one-family dwelling shall be 1,500 square feet.

(Ord. No. 1999-40, § 2, 6-22-99)

Sec. 39-271. - Discontinuance of farm operations.

In the event a plot is not used for farm operations for a period of one (1) year, all buildings and structures shall meet all requirements of this article for residential or nonresidential and nonagricultural uses.

(Ord. No. 2001-18, § 20, 5-22-01)

Sec. 39-272. - Accessory dwelling.

(a)

The maximum size of an accessory dwelling shall not exceed fifty percent (50%) of the principal structure, but not less than five hundred (500) square feet.

(b)

Only one (1) accessory dwelling shall be permitted per single family lot.

(c)

An accessory dwelling shall have at a minimum one (1) bedroom, one (1) bathroom, and a separate entrance from the outside.

(d)

One (1) off-street parking space shall be provided per bedroom, in addition to the parking that may be required pursuant to Section 39-228 of the Code.

(e)

An application for a building permit to construct an accessory dwelling must include an affidavit from the applicant attesting that the accessory dwelling will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons, as defined in Section 420.0004, Florida Statutes, as amended.

(Ord. No. 2022-48, § 4, 12-6-22)