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Broward County Unincorporated
City Zoning Code

ARTICLE XXIII

OPEN SPACE AND PUBLIC RECREATION DISTRICTS

Sec. 39-380.- Open space and public recreation zoning districts.

The following shall constitute Open Space and Public Recreation Zoning Districts in the unincorporated areas of Broward County:

District       Title
S-1 Open Space Recreation District
S-2 Open Space and Public Recreation District

 

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-381. - Purpose of districts.

(a)

The S-1 Open Space Recreation District is intended for outdoor recreational activities. Related accessory uses may be located within a building on the same premises. The functional characteristics of S-1 districts may be appropriate for location within, or in close proximity to residential areas.

(b)

The S-2 Open Space and Public Recreation District is intended to preserve areas designated or used for active or passive outdoor recreation for the public and to preserve open space.

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-382. - General provisions.

(a)

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

(b)

Dumpsters and refuse containers.

(1)

Dumpsters located in any S-1 or S-2 District shall comply with the following:

a.

Dumpsters shall only be located on plots where an accessory building is located. Such dumpsters shall be kept within opaque or translucent enclosures and shall not be located within any required yard or setback area.

b.

Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.

c.

Dumpsters shall be emptied by a licensed collector at intervals which will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture or major appliances and shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

d.

All dumpster pads shall be at least two (2) feet larger than the dumpster on all sides. Wheel stops or posts shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection.

e.

Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the equipment of the collector.

f.

Dumpster enclosures shall be constructed so as to accommodate recycling bins, if over forty (40) gallons.

g.

The gates of the enclosure shall be constructed of a frame with opaque or translucent walls affixed thereto, and both frame and walls shall be of a material of sufficient strength to withstand normal use. Gates shall be attached to metal posts at least three (3) inches in diameter with at least two (2) hinges. Each gate shall have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

h.

The base of the enclosure must be poured concrete in accordance with the requirements of the Florida Building Code. The base shall extend three (3) feet beyond the front opening of the enclosure as an apron, and all concrete must be level with the adjacent surface.

(2)

Trash receptacles shall be supplied in all active recreation areas open to the public not less than two hundred (200) feet apart.

(c)

Landscaping. All buildings, structures, and uses shall provide landscaping in accordance with Article VIII, "Landscaping for Protection of Water Quality and Quantity," of this code, except that no perimeter landscape buffer shall be less than twenty-five (25) feet in depth.

(d)

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

(e)

Offstreet parking. All buildings and uses shall provide offstreet parking, loading areas and lighting in accordance with Article XII, "Offstreet Parking and Loading," of this Code.

(f)

Property Maintenance. All buildings and properties shall be maintained in accordance with standards provided in Article X, "Property Maintenance and Junk or Abandoned Property," of this Code.

(g)

Fences, walls, and hedges. Fences, walls, and hedges may be erected or planted and maintained within a perimeter buffer to a maximum height of eight (8) feet. Fences and walls shall be translucent. Hedges used as a visual barrier shall be a minimum of four (4) feet in height at the time of planting and shall be of a species that will reach a height of at least six (6) feet within two (2) years after planting. Open-weave or chain-link type fences may be used only if appropriate landscape material, in accordance with Article VIII, is planted along such fence and within the property upon which the fence is erected which, after planting, will obscure the fence and provide a translucent barrier within one (1) year after planting. Within twenty-five (25) feet of the intersection of two (2) streets, or within fifteen (15) feet of the intersection of a private accessway and a street, only chain-link or other such open fencing may be erected or maintained. The use of barbed wire, razor wire, or electrified fencing that does not satisfy the definition of "low-voltage electric fence," as defined by Section 553.793, Florida Statutes, as amended, shall be prohibited.

(h)

Signs. Signs shall be subject to provisions in Article VI, "Signs," of this Code.

(i)

Use of residentially-zoned property for access. Unless a plot in an S-1 or S-2 district is located within the residential neighborhood it is intended to serve, no privately owned land or public or private street upon which residentially-zoned properties directly abut shall be used for driveway or vehicular access purposes to any plot in an S-1 or S-2 District, except where a public street provides the sole access to the plot.

(j)

Except for boating, botanical gardens, bridlepaths, foot or bicycle paths, essential services, nature trails, water areas and wireless communication facilities, all plots occupied by permitted uses shall provide a permanent building at least one hundred fifty (150) square feet in floor area, containing an office and sanitary facilities.

(k)

All provisions of Article IX, "General Provisions," shall apply to S-1 and S-2 Districts.

(Ord. No. 2000-29, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 1, 9-22-20; Ord. No. 2024-14, § 5, 5-7-24)

Sec. 39-383. - Permitted uses.

Permitted uses in all Open Space and Public Recreation Districts shall be limited to those uses specified in the Master Use List. Any use not specifically, or by inference, listed herein shall be determined by the Zoning Official to be permitted in the zoning district specifying the most similar use thereto. All uses shall be subject to section 39-389, "Limitations of uses." Specific subsection references are included in the following Master Use List.

P = Permitted C = Conditional Use A = Accessory Use Only

 

Use S-1 S-2
Archery range [see section 39-389(a)] P
Boating P P
Botanical garden P P
Bridle, foot or bicycle path P P
Country club [see section 39-389(b)] P P
Essential services P P
Fishing pier or dock P P
Golf course P P
Golf driving range [see section 39-389(c)] P
Miniature golf P
Nature trail P P
Nonprofit neighborhood social and recreational facilities [see section 39-389(d) P
Outdoor Events [see section 39-238] C C
Park, public or private P P
Picnic area P P
Playground (children's) P P
Restaurant [see section 39-389(e)] A
Swimming [see section 39-389(f)] P P
Tennis court [see section 39-389(g)] P
Water area (lake, pond) P P
Water sports P P
Wireless communication facilities (see section 39-102) P P

 

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-384. - Prohibited uses.

Any use not specifically, or by inference, listed in the Master Use List shall be prohibited.

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-385. - Plot size.

Unless otherwise specified in section 39-389, "Accessory uses and structures," the minimum plot size in S-1 and S-2 districts shall be ten thousand (10,000) square feet in net area.

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-386. - Plot coverage.

Unless otherwise specified in section 39-389, "Accessory uses and structures," the maximum plot coverage by buildings or other roofed structures on any plot in an S-1 or S-2 district shall be two percent (2%).

(Ord. No. 2000-29, § 1, 6-13-00)

Sec. 39-387. - Height.

(a)

No building or structure shall be erected or altered to a height exceeding thirty-five (35) feet.

(b)

No structure shall exceed twenty (20) feet in height above the established grade, except wireless communication facilities as permitted in section 39-102 of this Code, or as permitted in section 39-103, "Exclusions from height limits."

(Ord. No. 2000-29, § 1, 6-13-00; Ord. No. 2020-34, § 39, 9-22-20)

Sec. 39-388. - Yards and setbacks.

(a)

No offstreet parking facility shall be located within twenty-five (25) feet of any contiguous residentially-zoned plot in separate ownership.

(b)

No structures, except permitted fences or walls, shall be located within thirty (30) feet of any contiguous residentially-zoned plot nor within fifty (50) feet of any street line.

(Ord. No. 2000-29, § 1, 6-13-00; Ord. No. 2020-34, § 1, 9-22-20)

Sec. 39-389. - Accessory uses and structures.

(a)

Archery ranges. Target areas for archery ranges shall be at least one hundred fifty (150) feet from any residentially-zoned plot and shall provide barriers sufficient to preclude any intrusion of such activities upon adjacent properties.

(b)

Country clubs. Country club facilities may include restaurants, lounges and meeting rooms for the use of members. Country clubs associated with golf courses may also include retail stores for the sale of golf equipment and locker rooms. The aggregate floor area of all such accessory uses shall not exceed two percent (2%) of the net area of the plot.

(c)

Golf driving ranges. Golf driving ranges shall be a minimum of five hundred feet (500) feet from any residentially-zoned plot.

(d)

Nonprofit neighborhood social and recreational facilities. Nonprofit neighborhood social and recreational facilities located on plots less than five acres may increase the maximum plot coverage by buildings and roofed structures to a maximum of forty percent (40%).

(e)

Restaurants. Fast food or full service restaurants shall be permitted only as an accessory use to country clubs and golf courses.

(f)

Swimming.

(1)

Swimming pools shall be enclosed with a fence or wall a minimum of five (5) feet in height above the ground, measured from the outside of the fence. Fences or walls shall be of such a design and material as will prevent unauthorized access to the pool area. All gates must be equipped with self-closing, self-latching mechanisms.

(2)

Public swimming areas in lakes or other such water bodies shall be provided with lifeguards during all hours swimming is permitted. Signs, six (6) square feet in sign area and four (4) feet in height shall be posted at two hundred (200) foot intervals around the perimeter of any open swimming area in a lake or other such water body, indicating that swimming is permitted only during such time as a lifeguard is on duty.

(Ord. No. 2000-29, § 1, 6-13-00)