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Broward County Unincorporated
City Zoning Code

ARTICLE XX

PLANNED DEVELOPMENT DISTRICTS

Sec. 39-333.- Planned development districts.

The following shall constitute Planned Development Districts for the purposes of this Code.

District Title
PUD Planned Unit Development District
PDD Planned Development District

 

(Ord. No. 2000-03, § 3, 1-25-00)

Sec. 39-334. - Purpose of districts.

(a)

The Planned Unit Development (PUD) district is intended to apply to planned developments approved by Ordinance of the Board of County Commissioners prior to September 11, 1991.

(b)

The Planned Development District (PDD) is intended to encourage the implementation of innovative land planning and site design which create enhanced living and working environments while concurrently discouraging urban sprawl through the enforcement of the concurrency management and levels of service standards specified within the Broward County Land Development Code. The PDD shall provide for density or intensity bonus incentives which promote compact urban areas and shall also be utilized to protect, preserve and enhance lands designated Agriculture by the certified Future Unincorporated Area Land Use Element Map Series of the Broward County Comprehensive Plan through the adoption and enforcement of creative land development regulations.

(Ord. No. 2000-03, § 3, 1-25-00)

Sec. 39-335. - Definitions.

(a)

Master Development Plan: The ordinance rezoning land to a PDD or PUD, together with the site plan for the PDD or PUD drawn in conformity with the conceptual site plan requirements of Section 39-413, a development schedule, provisions for the method of administration of all common open space, and a statement that appropriate covenants shall be included in all conveyances requiring the maintenance of private open space for the purposes intended.

(b)

Phase: A specified portion of a planned development that may be developed as an individual component, as specified within the development schedule of a PDD or PUD.

(c)

Planned Development: An area of land developed as a single entity or in phases in conformity with the Master Development Plan of a PDD or PUD.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2022-22, § 16, 5-11-22)

Sec. 39-336. - Conformance to master development plan.

(a)

In addition to requirements herein all PUD districts shall be subject to general provisions specified in section 39-275 of this Code.

(b)

After rezoning to a planned development district (PDD) or planned unit Development (PUD) district, no plat approval, final site plan approval or building permits shall be issued by the county and no development shall commence unless in conformity with the approved Master Development Plan, unless a change or deviation is approved by Broward County as provided in section 39-337.

(c)

No zoning or building permit shall be issued for any phase of a residential PDD which was approved on the basis of a Master Development Plan which was subsequently platted as a boundary or perimeter plat, until a final site plan and Development Order for that particular phase reflecting the following is approved and issued.

(1)

All dedicated and private streets;

(2)

All proposed lots, parcels or tracts, including dimensions, lot, tract or parcel numbers and type of structures and uses;

(3)

Common open space and recreational areas;

(4)

Maximum plot coverage per lot, tract or parcel;

(5)

Minimum setbacks from individual lot, tract or parcel boundaries;

(6)

Minimum separation between any two buildings on the same lot, tract or parcel;

(7)

Maximum height of any proposed structure;

(8)

Minimum habitable floor area;

(9)

Maximum density;

(10)

All easements;

(11)

Amount of offstreet parking spaces;

(12)

Landscaping;

(13)

Common open space areas and method(s) of administration;

(14)

Master sign plan.

(d)

All development shall be in conformity with the final site development plan.

(e)

No zoning or building permit for any nonresidential PDD shall be issued for any phase which was approved based upon a Master Development Plan which was subsequently platted as a boundary or perimeter plat until a final site plan is approved and a development order issued. In addition to meeting requirements of the Broward County Land Development Code and applicable sections of this Code relating to offstreet parking, loading, lighting and landscaping, the final site plan shall include the following:

(1)

All dedicated and private streets;

(2)

All easements;

(3)

Minimum building setbacks;

(4)

Range of permitted uses;

(5)

Common open space and method(s) of administration.

(f)

The Master Development Plan shall set forth the criteria for determining minor and major changes and deviations.

(g)

The approval of a Master Development Plan shall not relieve an applicant from the requirement to comply with applicable provisions of the Broward County Land Development Code regarding final site plan approval.

(h)

Subsequent to the approval of the Master Development Plan and any subsequent plat and final site plan, all development within a PDD or PUD shall be controlled by the final site plan.

(Ord. No. 2000-03, § 3, 1-25-00)

Sec. 39-337. - Major and minor deviations.

(a)

The director of the Department, or designee, may approve minor changes and deviations from the approved Master Development Plan which are in compliance with the applicable provisions and intent of the Broward County Land Development Code, and which do not depart from the principal concept of the approved Master Development Plan. Approved minor changes and deviations may become effective without formally amending the Master Development Plan, but shall be recorded in the Public Records of Broward County, Florida, as an addendum to the Master Development Plan.

(b)

Should the director of the Department, or designee, determine that a requested change or deviation from the approved Master Development Plan does not comply with the applicable provisions and intent of the Broward County Land Development Code, or departs from the principal concept of the approved Master Development Plan or otherwise exceeds the criteria for determining minor changes contained in the Master Development Plan, the director shall refer such change to the County Commission for a public hearing.

(c)

Upon request for a change or deviation from the approved Master Development Plan, the County Commission may take such action as it deems appropriate. If the County Commission approves the change or deviation a new Master Development Plan shall be filed incorporating the changes or deviations, which shall subsequently be recorded in the Public Records of Broward County, Florida, as an Amended Master Development Plan.

(d)

All hearings relating to major changes to a Master Development Plan shall proceed in accordance with requirements of article IV, "District and Regulation Changes," of this Code.

(e)

Copies of the recorded Master Development Plan shall be filed with the Urban Planning Division, or successor agency.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 15, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, § 1, 4-10-18; Ord. No. 2022-22, § 18, 5-11-22)

Sec. 39-338. - Common open space.

(a)

All common open space shall be preserved for its intended purpose as expressed in the Master Development Plan. The developer shall choose one or a combination of the following three (3) methods of administering common open space:

(1)

Dedication to the county of the common open space. This method is subject to formal acceptance by the county in its sole discretion.

(2)

Conveyance to one or more associations, nonprofit corporations or other appropriate entities provided all persons and entities owning property within the planned development are members of one or more of the associations, nonprofit corporations or other entities so that the common open space will be used as specified on the Master Development Plan and all common open space will be properly maintained.

(3)

Retention of ownership, control and maintenance of all common open space by the developer.

(4)

If the developer elects to administer common open space through one or more associations, nonprofit corporations or other entities, said organizations shall conform to the following requirements:

a.

They shall be created prior to the sale of any property within any phase of the PDD or PUD.

b.

Membership shall be mandatory for all property owners within the planned development.

c.

They shall:

1.

Manage all common open space and recreational and cultural facilities that are not dedicated to the public; and

2.

Provide for the maintenance, administration and operation of said land and any other land within the planned development not publicly or privately owned.

(b)

All privately owned open space shall conform to the intended use of and remain as expressed in the Master Development Plan through the inclusion of appropriate covenants in all conveyance of land within the PDD or PUD. The covenants shall run with the land and be for the benefit of present and future property owners.

(c)

All common open space and public recreational and cultural facilities shall be specifically included in a development schedule to be included in the Master Development Plan and be completed by the developer in accordance with such schedule.

(Ord. No. 2000-03, § 3, 1-25-00)

Sec. 39-339. - General land use regulations.

(a)

Minimum Size: All planned developments shall provide for a minimum of five (5) acres of contiguous land. The Planned Development District may be applied to any sized area within a development of regional impact.

(b)

Minimum Lot Area, Distance Between Structures, Frontage, Setbacks and Height Regulations:

(1)

No minimum lot size shall be required within a planned development, except as specified by the Master Development Plan.

(2)

No minimum distance between structures shall be required within a planned development, except as specified by the Master Development Plan.

(3)

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach, private road, or other area dedicated to the public or private use or common easement guaranteeing access. The county shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct county services, and to generally ensure the health and safety of the residents of the planned development.

(4)

There are no required setbacks or yards except as specified by the Master Development Plan, together with the following:

a.

There shall be a setback or yard not less than twenty-five (25) feet in depth abutting all public road rights-of-way.

(5)

No maximum height limitations shall apply in a PDD or PUD except as specified in the Master Development Plan.

(c)

Landscaping: Landscaping shall meet all requirements of Article VIII, "Landscaping for Protection of Water Quality and Quantity," of this code.

(d)

Signs: Signs within a PDD or PUD shall comply with the appropriate sections of Article VI, "Signs," according to the types of uses permitted by the Master Development Plan.

(e)

Density: The density and intensity of land uses permitted within a PDD or PUD shall conform with the Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan, in accordance with the categories of planned developments set forth in section 39-340.

(f)

Offstreet parking, loading and lighting. The amount and configuration of offstreet parking, loading areas and lighting within a PDD or PUD shall comply with Article XII, "Offstreet Parking and Loading," of this Code.

(g)

Alcoholic beverage and adult entertainment establishments: In all planned commercial and industrial centers, alcoholic beverage and adult entertainment establishments shall comply with Article XI, "Alcoholic Beverage and Adult Entertainment Establishments," of this Code.

(h)

Property maintenance: All planned developments shall be subject to Article X, "Property Maintenance and Junk and Abandoned Property," of this Code.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2013-04, § 2, 2-12-13)

Sec. 39-340. - Planned agricultural centers.

(1)

Purpose: The planned agricultural center is intended to encourage the retention of agricultural uses on lands designated "agricultural" in the Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan. Agricultural uses, and the existing incentives for such uses, may feasibly be retained when incorporated within a planned development by the use of innovative land planning and site design techniques such as clustering of dwelling units and provision for a variety of permitted uses.

(2)

Permitted Uses:

(a)

Agricultural uses, which include the cultivation of crops, groves, thoroughbred and pleasure horse ranches, including horse boarding, private game preserves, fish breeding areas, tree and plant nurseries, cattle ranches, and other similar activities.

(b)

Single family residences of one dwelling unit per two net acres or greater or one dwelling unit per two and one-half gross acres or greater.

(c)

The clustering of residential dwelling units within a designated planned agricultural center may be permitted in accordance with the certified Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan if the following conditions are met:

1.

The entire parcel is developed through the application of the PDD-Planned Development District;

2.

The areas from which density is transferred are relinquished of all future development rights for the purpose of preserving agriculturally productive lands, environmentally sensitive lands, open space or any combination thereof;

3.

The arrangement and location of the clustered dwelling units shall be depicted as part of the master development plan; and

4.

The clustering of dwelling units shall not result in the establishment of attached single family or multifamily dwelling units.

(d)

Nonagricultural uses that are compatible with planned agricultural centers, limited to the following:

1.

Neighborhood commercial and retail facilities to the extent permitted by the Broward County Land Use Plan.

2.

Recreation and open space.

3.

Special residential facilities, as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements of the Broward County Land Use Plan.

4.

Solar Facilities.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2020-34, § 1, 9-22-20; Ord. No. 2022-18, § 10, 4-27-22)

Sec. 39-341. - Planned residential communities.

(a)

Purpose: The planned residential community is intended to encourage the use of innovative land planning and site design techniques to create enhanced living and working environments. The regulations applicable to planned residential communities are intended to discourage urban sprawl and encourage the efficient use of land by providing for a variety of residential unit types, conservation of natural amenities as common open space; and providing for accessory and supporting nonresidential uses in accordance with the commercial flexibility provisions of the Broward County Land Use Plan.

(b)

Permitted Uses:

(1)

Single family and multifamily residences at a density in conformance with the certified Future Unincorporated Area Land Use Element Map Series of the Broward County Comprehensive Plan.

(2)

Special residential facilities, as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements of the Broward County Land Use Plan.

(3)

Accessory nonresidential uses that are compatible with planned residential communities, to the extent permitted by the flexibility provisions of the Broward County Land Use Plan, limited to the following:

a.

Hotels and Motels.

b.

Community facilities and utilities.

c.

Open space, parks and recreation facilities.

d.

Professional offices, personal service and retail sales, including automobile service stations with no on-site repairs.

e.

Aviation and marine facilities.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2020-34, § 1, 9-22-20)

Sec. 39-342. - Planned commercial centers.

(a)

Purpose: The planned commercial center is intended to encourage the use of innovative land planning and site design techniques to create enhanced working environments. The regulations applicable to planned commercial centers are intended to discourage urban sprawl and encourage the efficient use of land by providing for conservation of natural amenities as common open space; and providing for certain commercial uses in accordance with the Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan.

(b)

Permitted Uses:

(1)

Hotels and motels and other public lodging establishments.

(2)

Professional offices, personal services, retail sales and automobile service stations.

(3)

Self-storage warehouses.

(4)

Noncommercial uses that are compatible with planned commercial centers, limited to the following:

a.

Special residential facilities, as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements of the Broward County Land Use Plan.

b.

Recreational vehicle park.

c.

Residential uses within the same structure as a commercial use, provided that flexibility or reserve units are applied, and the residential floor area does not exceed fifty percent (50%) of the total floor area of the building; with the first floor confined to commercial uses; other residential uses that are consistent with the Broward County Comprehensive Plan.

d.

Open space, parks and recreation facilities.

e.

Community facilities and utilities.

(5)

Planned commercial centers shall also comply with requirements of sections 39-294 and 39-300 of this Code.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2000-36, § 42, 8-22-00)

Sec. 39-343. - Planned industrial parks.

(a)

Purpose:The Planned Industrial Park is intended to encourage the use of innovative land planning and site design techniques to create enhanced working environments. The regulations applicable to Planned Industrial Parks are intended to discourage urban sprawl and encourage the efficient use of land by: providing for conservation of natural amenities as common open space and providing for a variety of uses in accordance with the flexibility provisions of the Broward County Land Use Plan, all in accordance with the Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan.

(b)

Permitted Uses:

(1)

Warehouses and distribution centers.

(2)

Manufacturing and assembly.

(3)

Research and development facilities.

(4)

Automobile, truck, aviation and marine manufacturing and repair.

(5)

Aviation and marine facilities.

(6)

Business and professional offices.

(7)

Nonindustrial uses that are compatible with planned industrial parks, limited to the following:

a.

Personal services and retail sales, in accordance with the flexibility rule provisions of the Broward County Land Use Plan.

b.

Community facilities and utilities.

c.

Open space, parks and recreation facilities.

(8)

Planned industrial parks shall also comply with requirements of sections 39-307 and 39-313 of this Code.

(Ord. No. 2000-03, § 3, 1-25-00; Ord. No. 2000-36, § 43, 8-22-00)

Sec. 39-344. - Planned special complexes.

(a)

Purpose: The planned special complex is intended to encourage the use of innovative land planning and site design techniques to, within the permitted uses of the applicable land use designation, accommodate highly intensive uses, public facilities, or mixed use developments that may not be appropriately addressed by other planned developments. The flexibility provisions of the Broward County Land Use Plan may also be used to provide density and intensity bonuses within a Planned Special Complex that discourage urban sprawl and encourage the efficient use of land.

(b)

Permitted Uses:

(1)

Cultural, recreation, amusement, exhibition and education centers.

(2)

Community facilities and utilities.

(3)

Aviation and marine facilities.

(4)

Nonspecial complex uses that are compatible with special complexes, limited to the following:

a.

Multifamily residences.

b.

Hotels and motels.

c.

Professional offices, personal services and retail sales.

d.

Warehouses and distribution facilities.

e.

Open space, parks and recreation.

(Ord. No. 2000-03, § 3, 1-25-00)

Sec. 39-345. - Mixed uses permitted.

(a)

This article is intended to permit within a single PDD Master Development Plan, a combination of the PDD types described in sections 39-340 through and including 39-343, provided such uses are permitted within the land use designations on the property within the PDD.

(b)

When a combination of PDD types is included within a single Master Development Plan, conditions may be imposed on the development to ensure the compatibility of uses, to address access between such uses, and to address other issues of site development that may arise because of the combination of PDD types.

(Ord. No. 2000-03, § 3, 1-25-00)