The provisions of this article shall apply to all zoning districts.

(Ord. No. 2000-17, § 1, 4-25-00)

No plot area, yard, setback, clearance, separation, parking area, landscape area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this code; and if already less than the minimum required by this code for a new building or use, said area or dimension shall not be further reduced. No part of a required yard, setback, clearance, parking area or other space provided for any building, structure or use for the purpose of complying with the provisions of this code, shall be included as part of a yard, setback, clearance, parking area or other space required under this code for another building, structure, or use, unless specifically permitted under this code.

(Ord. No. 2000-17, § 4, 4-25-00)

(1)

Intent. The regulations and requirements of this Ordinance are intended to:

(a)

Promote the health, safety and general welfare of the citizens by regulating the siting of wireless communication facilities;

(b)

Accommodate the growing needs and demand for wireless communication facilities;

(c)

Provide for the appropriate location and development of wireless communication towers and antennas within the unincorporated area of the County;

(d)

Minimize adverse visual effects of wireless communication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

(e)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower and monopole structures;

(f)

Protect residential areas and land uses from potential adverse impacts of wireless communication facilities and antennas by maximizing uses of any new or existing wireless communication towers through shared use, i.e., collocation, to reduce the number of facilities needed;

(g)

Prevent possible impacts to airspace in the area surrounding airports and eliminate potential interference with radio communications and navigational aids;

(2)

Permitted Facilities.

(a)

Only stealth facilities shall be permitted as a principal use in the following zoning districts:

1.

Agricultural Estate District

2.

General Agricultural District

3.

Estate District

4.

Estate District

5.

Rural Estates District

6.

Rural Ranches District

7.

Single family residential Planned Unit Development (PUD) and single family residential Planned Development District (PDD)

8.

RM-17 to RM-25 High Density Residential - only roof top stealth antennas permitted.

(b)

Wireless communication towers may be permitted as a principal use in Conservation Districts with proper permits as follows:

1.

Any wireless communication tower in a Conservation District shall be constructed to accommodate no less than three (3) wireless communication providers.

2.

For lands lying west of U.S. 27 or up to five hundred (500) feet east of the easterly right-of-way line of U.S. 27, wireless communication towers may be erected up to one mile north and one mile south of the right-of-way line of Interstate 75 (Alligator Alley). The maximum height of any such tower shall be two hundred fifty (250) feet.

3.

Wireless communication towers in all other Conservation Districts shall be subject to the minimum standards set forth in subsection (d) below.

(c)

Except as otherwise provided, wireless communication facilities may be permitted as a principal use in all nonresidential zoning districts.

(d)

Minimum standards. Every wireless communication tower must meet the following minimum standards:

1.

Height/setbacks and related location requirements.

a.

The height of a wireless communication tower shall not exceed one hundred and fifty (150) feet unless the zoning district in which the proposed wireless communication tower is to be located or subsection (b) above allows a greater height. The height of a roof top wireless communication tower shall comply with subsection (3) of this section. Height shall be measured from the crown of the road of the nearest public street.

b.

All wireless communication towers up to one hundred (100) feet in height shall not be located in a required landscape buffer and shall be set back on all sides a distance equal to either the underlying setback requirement in the applicable zoning district or as provided in this section, whichever is greater; towers in excess of one hundred (100) feet in height shall be set back one additional foot per each foot of tower height in excess of one hundred (100) feet.

c.

All non-stealth wireless communication towers shall be separated from all residentially zoned lands by a minimum of two hundred (200) feet or two hundred percent (200%) of the height of the proposed tower, whichever is greater.

d.

Non-stealth wireless communication towers shall not be located within seven hundred and fifty (750) feet of any existing non-stealth wireless communication facility.

e.

All buildings and other structures to be located on the same property as a wireless communication tower shall conform with the setbacks established for the underlying zoning district.

f.

All towers located within twenty thousand (20,000) feet of an airport shall be reviewed for possible impacts to airspace or potential interference with radio communications or navigational aids; and, in addition, shall be reviewed for compliance with all applicable Federal Aviation rules and regulations, including but not limited to, height, lighting, permitting, licensing.

2.

Buffering.

a.

An eight (8) foot fence shall be required around the base of any tower, as measured from the finished grade of the site.

b.

Plant material consistent with Article VIII, "Landscaping for Protection of Water Quality and Quantity," shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties.

c.

Landscaping consistent with Article VIII, "Landscaping for Protection of Water Quality and Quantity," shall be installed around any accessory buildings or structures.

3.

High voltage and "No Trespassing" warning signs. Notwithstanding the requirements of Article VI, "Signs," the following minimum sign standards shall apply:

a.

If high voltage is necessary for the operation of the wireless communication tower or any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

b.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

c.

The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.

d.

The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping.

4.

Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the wireless communication tower, unless repairs to the tower are being made.

5.

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including, but not limited to, company name, banners, streamers, shall be strictly prohibited.

6.

Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over wireless communication towers, wireless communication towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment such as non-contrasting gray.

7.

Lighting. No signals, lights or illumination shall be permitted on a wireless communication tower unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtrusiveness to the surrounding community.

(3)

Antennas not located on wireless communication towers.

(a)

Antennas shall be permitted as follows:

1.

Stealth roof top or building mounted antennas not exceeding twenty (20) feet above roof line shall be permitted in all zoning districts.

2.

Non-stealth roof top or building mounted antennas shall only be permitted not exceeding fifteen (15) feet above roof line of the subject building.

(b)

Minimum standards. Building roof top antennas shall be subject to the following minimum standards.

1.

No commercial advertising shall be allowed on an antenna;

2.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

3.

Any related unattended equipment building shall not contain more than seven hundred and fifty (750) square feet of gross floor area or be more than twelve (12) feet in height; and

4.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five percent (25%) of the roof area;

5.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices;

6.

If located within twenty thousand (20,000) feet of an airport, each application shall be reviewed for possible impacts to airspace or potential interference with radio communications or navigational aids; and, in addition, shall be reviewed for compliance with all applicable Federal Aviation rules and regulations, including but not limited to, height, lighting, permitting, licensing.

(4)

Existing wireless communication facilities.

(a)

Existing wireless communication facilities shall not be rendered non-conforming uses by this ordinance. The use of existing facilities for purposes of collocating additional antennas shall be encouraged.

(b)

Increases in height of an existing tower or conversion of an existing tower to a stealth or other design shall be treated as a new tower and shall be subject to all the requirements of this ordinance, except separations required between towers.

(c)

Owners of existing facilities shall be required to comply with this ordinance to replace or relocate an existing facility.

(d)

Wireless communication antennas may be placed on existing towers.

(5)

Abandoned wireless communication facilities.

(a)

The County may require removal of an abandoned wireless communication facility within thirty (30) days after notice of abandonment has been provided to the owner of the wireless communication tower and the real property owner.

(b)

A wireless communication facility shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days.

(c)

Where a wireless communication facility is abandoned but not removed within the specified time frame, the County may remove the facility and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure in the South Florida Building Code, Broward Edition.

(d)

Where a facility is removed by the owner, said owner shall restore the area to as good as condition prior to the placement of the facility, unless otherwise instructed by the County.

(e)

Where a facility is utilized for other purposes, including but not limited to light standards and power poles, it shall not be considered to be abandoned.

(6)

Collocation of antennae and facilities. To encourage a reduction in the number of wireless communication towers that may be required to meet the increasing demand for wireless service the following collocation standards shall be required:

(a)

Any owner of a wireless communications tower shall permit other wireless communication providers to install or collocate antennae or facilities on such towers, if available space and structural capacity exists.

(b)

Wireless communication towers shall be structurally designed to accommodate the collocation of antennae and facilities as follows:

1.

All wireless communication towers, except for stealth towers, over eighty (80) feet and up to and including one hundred and fifty (150) feet in height shall be structurally designed to accommodate at least two (2) providers.

2.

All wireless communication towers, except for stealth towers, exceeding one hundred and fifty (150) feet in height shall be structurally designed to accommodate at least three (3) providers.

(7)

Criteria for modification of wireless communications facilities. In addition to the authority granted to the hearing officer in Section 39-39 of this code, modifications to certain wireless communications facility requirements provided in this section may be approved by the hearing officer as a special exception where the conditions of this ordinance hinder transmission, subject to the hearing procedures in Article V, "Variances, Administrative Decisions and Determinations, and Appeals," and in accordance with the following:

(a)

A request for modification shall include the following:

1.

A description of how the modification addresses any adverse impact which might occur as a result of approving the modification.

2.

A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

3.

A technical study which documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by a qualified radio frequency engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

4.

For a modification of the setback requirement, the application shall identify all property where the proposed facility, tower or antenna could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.

(b)

The hearing officer shall consider the request for modification based on the following criteria:

1.

The facility, tower or antenna as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

2.

Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

3.

In the case of a request for modification to setback requirements, the applicant must demonstrate with written evidence that the setback requirement cannot be met on the property and that the alternative site is closer in proximity to residentially zoned property or that a modification to the setback requirement will reduce the visual impact of the facility, tower or antenna.

4.

In the case of a request for modification to separation or buffer requirements, the applicant must provide written technical evidence from a qualified radio frequency engineer that the proposed facility, tower or antenna must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and the applicant is willing to provide approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.

5.

In the case of a request for modification of maximum height for towers and telecommunications facilities, that the modification is necessary to:

Facilitate collocation of wireless communications facilities in order to avoid construction of a new tower; or

Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a qualified radio frequency engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily.

(c)

The hearing officer may include conditions on the site where the facility, tower or antenna is to be located to mitigate any adverse impacts which arise in connection with the approval of the modification.

(d)

Any decision by the hearing officer to deny a request for a special exception as set forth above shall be in writing and supported by substantial evidence contained in a written record.

(e)

Any decision by the hearing officer granting a request for a special exception as set forth above, shall be in writing in the form of a resolution, supported by substantial evidence contained in a written record.

(Ord. No. 2000-17, § 5, 4-25-00; Ord. No. 2005-17, § 8, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 1, 9-22-20)

Scenery lofts, towers, cupolas, steeples and domes, not exceeding in gross area, at maximum horizontal section, thirty percent (30%) of the roof area, and flagpoles, airplane beacons, broadcasting towers, antenna, chimneys, stacks, tanks and roof structures used only for ornamental or mechanical purposes, may exceed the permissible height limit in any district by not more than twenty-five percent (25%). Parapet walls may extend not more than five (5) feet above the allowable height of a building.

(Ord. No. 2000-17, § 6, 4-25-00)

The provisions of this code are not intended, and shall not be construed, to preclude any Broward County government uses, functions, or operations.

(Ord. No. 2000-17, § 12, 4-25-00; Ord. No. 2020-34, § 17, 9-22-20)

It shall be unlawful in the unincorporated area of Broward County for any person, firm, corporation, business or enterprise to sell, dispense, offer for sale or distribute any item or items from temporary wayside stands except as permitted for farm products in the agricultural, estate and rural zoning districts.

(Ord. No. 2000-17, § 16, 4-25-00)

Any separation, distance limitation or setback required by this Chapter shall also apply to those unincorporated lands which abut a municipal jurisdiction. Such separations, distance limitations or setbacks shall be applied in the same manner as if the municipal lands were unincorporated lands.

(Ord. No. 2000-17, § 17, 4-25-00)

(a)

The Florida Legislature has found that maintaining a building's structural integrity throughout its life is essential to ensure that it remains structurally sound and does not pose a threat to public health, safety, or welfare. As such, the Florida Legislature has imposed a statewide structural inspection program for aging condominium and cooperative buildings in this state in order to ensure that such buildings are safe for continued use.

(b)

The Broward County Board of Rules and Appeals ("BORA") has established a Building Safety Inspection Program for buildings and structures that are twenty-five (25) years of age or older. BORA has established the minimum guidelines and criteria for the Building Safety Inspection Program through written policy, as outlined in BORA Policy No. 05-05, as amended ("Policy"), which is incorporated by reference and made a part of this section. The Building Safety Inspection Program serves as the phase one and phase two milestone inspection requirements for buildings and structures as defined under Section 553.899, Florida Statutes, as amended, and the Florida Building Code, Existing Building (Chapter 18), as amended.

(c)

In compliance with Section 553.899, Florida Statutes, as amended, the timelines and requirements found in Section G of the Policy, Required Repairs or Modifications, as amended, are incorporated by reference and made a part of this section. If an owner of the building fails to submit proof to the building official that repairs have been scheduled or have commenced within the required timeframes for substantial structural deterioration identified in a phase two inspection report, BORA's Building Safety Inspection Program must review and determine if the building is unsafe for human occupancy.

(Ord. No. 2025-32, § 4, 9-16-25)

(a)

The following requirements shall apply to filling operations conducted pursuant to a license issued by Broward County pursuant to Section 27-216 of the Broward County Code of Ordinances:

(1)

Where fill materials are stored within one thousand (1,000) feet of residentially zoned district(s), open air storage of said materials shall not exceed thirty (30) consecutive days.

(2)

In the event the United States Weather Bureau declares a hurricane watch for Broward County, and before the advent of the storm, all fill materials and unsecured items shall be stored in buildings, removed, properly disposed of or otherwise secured.

(3)

Fill materials shall be deemed to be stored within one thousand (1,000) feet of a residentially zoned district if any part of the fill material is within one thousand (1,000) feet of the district boundary line of a residentially zoned district, as measured by an actual or imaginary straight line upon the ground or in the air.

(b)

Violation of the foregoing provisions shall constitute an offense and a violation of a county ordinance. Enforcement may include, but shall not be limited to, corrective action being taken by the county and the assessment of costs pursuant to Chapter 162, F.S.

(Ord. No. 2001-02, § 2, 1-9-01)

(1)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems on buildings and structures within unincorporated Broward County.

(2)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems that meet the requirements of this section, as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(3)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the Roof Line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the height of the rooftop photovoltaic solar system shall not be greater than five (5) feet above the roof.

(4)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that: (a) if the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the County; and (b) the issuing of a permit for a rooftop photovoltaic solar system does not create in the property owner(s), or any successor or assign in title, or create in the property itself, a right to remain free of shadows or obstructions to solar energy caused by development adjoining on other property or by the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

(5)

Tree maintenance and removal. To the extent that the County has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(6)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, or being maintained in a condition that is unsafe or detrimental to public health, safety, or general welfare.

(Ord. No. 2012-22, § 2, 6-26-12)

(a)

It shall be unlawful to deposit, store, keep, or maintain or to permit to be deposited, stored, kept, or maintained, a donation bin in or on any lot, parcel, or tract of land or body of water in any zoning district. Clothing donation bins shall be permitted only in those zoning districts indicated in Sections 39-295, 39-313, and 39-368 of this chapter, subject to compliance with the requirements of this section. The conditions listed in this chapter for clothing donation bins shall not be subject to waiver by the hearing officer or Board of County Commissioners.

(b)

Clothing donation bins shall be owned and operated only by charitable organizations. The clothing donated shall be provided to others as part of a bona fide charitable endeavor, and any proceeds from collected donations must be used by the charitable organization for its charitable purposes.

(c)

Clothing donation bin structure.

(1)

Clothing donation bins shall be of the type that are enclosed by use of a one-way receiving door so that the contents of the bins may not be accessed by anyone other than those responsible for the retrieval of the contents.

(2)

No clothing donation bin shall cover a ground surface area in excess of five (5) feet by five (5) feet and nor shall it exceed six (6) feet in height.

(3)

Clothing donation bins shall have wheels affixed to the bottom or otherwise be readily transportable.

(d)

Permits. Prior to the placement of a clothing donation bin on any property, an application for a permit shall be filed with the Urban Planning Division. The application for a permit shall include:

(1)

An affidavit attesting to the following:

a.

The precise location where the clothing donation bin will be located, including a description of the business or enterprise being conducted on or at the property, as indicated on the business license for the principal business on the property;

b.

The manner in which the applicant anticipates any clothing collected via the clothing donation bin will be used, sold, or dispensed, and the method by which the proceeds of collected donations will be allocated or spent;

c.

The name and telephone number of the bona fide office of the charitable organization that owns or has custody of the clothing donation bin, the name of the person authorized by said organization to assure compliance with this ordinance, and the phone number, physical address, and e-mail address where such person can be reached during normal business hours. For purposes of this section, an answering machine or service unrelated to the person or entity does not constitute a bona fide office;

d.

The name(s) and phone number(s) of the person(s) responsible for placing, emptying, and removing the clothing donation bin; and

e.

That the charitable organization shall report to the Urban Planning Division any change of entity or entities that may share or profit from any clothing collected from the clothing donation bin no later than thirty (30) days after the date of any changes and acknowledgment that failure to do so may result in the revocation of the permit, pursuant to the provisions of Subsection 39-110(h).

(2)

Written consent from the property owner to place the clothing donation bin at or on the property, and whether any other clothing donation bins are currently at or on the property. The property owner's written consent shall acknowledge that the County shall hold both the property owner and the charitable organization liable for violation(s) of this chapter and that failure of the charitable organization to comply with this provisions of this chapter shall not be a defense by the property owner should a violation be found to exist.

(3)

The articles of incorporation of the charitable organization, the names of the officers and the registered agent of the charitable organization, and the name, phone number, e-mail address, and physical address of the responsible person to be contacted with respect to compliance with this chapter.

(4)

The annual permit fee, as set by resolution of the Board of County Commissioners.

Permit renewal applications shall include an affidavit certifying that all information and statements in the current application continue to be true and accurate or a description of any facts which would make any information or statement in the current application no longer true or accurate and which must, therefore, be modified for the renewal permit. An annual permit fee shall be paid for renewal of each permit for a clothing donation bin issued under the provisions of this chapter.

(e)

Placement. In addition to the requirements of Sections 39-295, 39-308, and 363 of this chapter, the following criteria shall be applied in determining if a clothing donation bin is placed in conformity with this chapter.

(1)

Clothing donation bins shall be placed wholly on improved property.

(2)

Clothing donation bins shall not be placed within one hundred (100) yards of any place that stores or sells fuel or other flammable liquids or gases.

(3)

Clothing donation bins shall be located no closer than twenty (20) feet to any property line.

(4)

Clothing donation bins shall not be placed in a location that interferes with vehicular or pedestrian circulation.

(5)

Clothing donation bins shall be secured or removed in such a manner as to minimize the danger of such bins causing damage to persons or property in the event of high winds or severe weather conditions.

(6)

No clothing donation bin shall be permitted within one hundred (100) feet of a residentially-zoned district or closer than fifty (50) feet from any street.

(f)

Display requirements. The following information shall be clearly and conspicuously displayed on the exterior of all clothing donation bins:

(1)

The permit number and its date of expiration, including a statement that a copy of the permit application is on file with the Urban Planning Division;

(2)

The name and address of the charitable organization that owns the bin and received a permit for its placement, and any other entity which may share or profit from any clothing collected via the bin; and

(3)

The telephone number of the charitable organization's bona fide office and, if applicable, the telephone number of any other entity which shares or profits from any clothing collected via the bin. For purposes of this subsection, an answering machine or service unrelated to the charitable organization does not constitute a bona fide office.

(g)

Maintenance requirements.

(1)

The contents of the clothing donation bin shall be clothing only and shall be regularly emptied at least every two (2) weeks and shall not be permitted to overflow to the point where the contents are visible from the outside. The ground area immediately adjacent to the clothing donation bin (within three (3) feet of the clothing donation bin on all sides) shall be kept free of donated clothing and debris.

(2)

With the exception of the information required in Subsection 39-110(f) to be displayed on the exterior of the clothing donation bin, the clothing donation bin shall be kept free of signs, advertising, graffiti, and other markings, and shall be maintained in a structurally sound, clean, and sanitary condition.

(3)

It shall be the responsibility of the owner of the property upon which the clothing donation bin is located and the charitable organization which obtains the permit to remove or properly secure the clothing donation bin in the event of any of the following National Weather Service Advisories, Watches, and Warnings for Broward County: Wind Advisory, Severe Thunderstorm Watch, High Wind Watch, Tornado Watch, High Wind Warning, Severe Thunderstorm Warning, Tornado Warning, Tropical Storm Warning, Hurricane Watch, and Hurricane Warning. If such action is not taken, Broward County reserves the right to remove the clothing donation bin and revoke the permit pursuant to the provisions of Subsection 39-110(h).

(h)

Enforcement. Where it is found that any of the provisions of this section have been violated, enforcement proceedings may be initiated against the property owner and the charitable organization issued a clothing donation bin permit. Any enforcement procedure authorized by the Broward County Code of Ordinances or State law may be used to enforce the provisions of this section. Prior to the revocation of a permit, the zoning official shall notify the property owner and charitable organization issued the permit of the zoning official's intent to revoke the permit, including the reason(s) therefor. All written notifications of the zoning official's intent to revoke a clothing donation bin permit shall be in accordance with the notice provisions in Section 162.12, Florida Statutes, and shall state the following:

THE HOLDER OF THE CLOTHING DONATION BIN PERMIT SHALL HAVE TEN (10) DAYS FROM THE DATE OF THIS NOTIFICATION TO REQUEST A HEARING, IN WRITING, BEFORE THE BROWARD COUNTY HEARING OFFICER. IF NO WRITTEN REQUEST FOR A HEARING IS RECEIVED BY THE ZONING OFFICIAL WITHIN TEN (10) DAYS AFTER THE DATE OF THIS NOTIFICATION, THE CLOTHING DONATION BIN PERMIT SHALL BE CONSIDERED REVOKED.

(Ord. No. 2014-19, § 2, 6-10-14; Ord. No. 2018-15, § 1, 4-10-18; Ord. No. 2022-22, § 18, 5-11-22)

Pursuant to Section 125.023, Florida Statutes, as may be amended, following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in Section 252.34(8), Florida Statutes, as may be amended, during which a permanent residential structure was damaged and rendered uninhabitable, an individual may place one (1) temporary shelter on a residential property for up to thirty-six (36) months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the circumstances enumerated in Section 125.023, Florida Statutes, as may be amended, apply.

(Ord. No 2016-04, § 2, 1-26-16; Ord. No. 2020-34, § 1, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22; Ord. No. 2023-33, § 2, 9-19-23, eff. 9-20-23)

(a)

Definitions. For purposes of interpreting this section, the following terms shall be defined as follows:

Adaptive controls shall mean devices such as motion sensors, timers, and dimmers used in concert with outdoor lighting equipment to vary the intensity or duration of lighting operation.

Ambient light shall mean the general overall level of lighting in an area.

B.U.G. shall mean a luminaire classification system that classifies backlight ("B"), uplight ("U"), and glare ("G").

Bulb shall mean the source of electric light; to be distinguished from the whole assembly (see luminaire).

Correlated color temperature ("CCT") shall mean a measure in degrees Kelvin ("K") of light's warmness or coolness.

Fixture shall mean the assembly that holds the bulb in a lighting system. It includes the elements designed to give light output control such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

Footcandle shall mean illuminance produced on a surface one foot (1') from a uniform point source of one (1) candela.

Full cutoff fixture shall mean a fixture that provides a luminous intensity of zero at or above an angle of ninety degrees (90°) above the vertical axis, and no more than ten percent (10%) of bulb lumens at or above an angle of eighty degrees (80°).

Glare shall mean a light that is brighter than the brightness of the nearby lighting to which the eyes are adapted and that may reduce visibility or have a temporary blinding effect.

Green screen shall mean vegetation planted around the perimeter of a building or garage structure, either in containers, along trellises, or in the ground, and used as an architectural tool to block light trespass from the site into the public sphere.

Hardscape shall mean site design elements, such as driveways, stairs, curbs, ramps, walls, fountains, and statues, comprised of nonliving materials, such as asphalt, concrete, stone, and wrought iron.

HPS shall mean high pressure sodium.

Illuminating Engineering Society of North America ("IES" or "IESNA") shall mean the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

Incandescent light shall mean light produced by a filament heated to a high temperature by electric current.

Intensity shall mean the degree or amount of energy or light.

LED shall mean light emitting diode.

Light trespass shall mean light that illuminates surfaces beyond the property boundary.

LPS shall mean low pressure sodium.

Lumen shall mean a unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one (1) candela.

Luminaire shall mean a complete lighting unit that usually includes the fixture, ballasts, and bulbs.

Mercury vapor lighting shall mean a high intensity discharge bulb where the light is produced by radiation from mercury vapor.

Nanometer (nm) shall mean ten to the negative ninth power (10 ^-9 ) meters; often used as the unit for wavelength in the electromagnetic spectrum.

Outdoor lighting shall mean the nighttime illumination of an outside area or object by any fixed luminaire.

Point to point shall mean the method used to determine the horizontal illuminance at a specific site.

Shield shall mean an opaque material that blocks the transmission of light.

Skyglow shall mean a glow in the night sky caused by the cumulative effect of artificial light sources.

Utility sites shall mean sites related to essential services, such as treatment of water or wastewater, production of electrical or natural gas power, telecommunication infrastructure, and the handling of solid and hazardous waste.

Wall fixtures shall mean luminaires placed along the outer walls of buildings.

Wildlife friendly lighting shall mean fixtures and bulbs that have been certified by the Florida Fish and Wildlife Conservation Commission through the Wildlife Lighting Certification Program.

(b)

General Provisions.

(1)

Purpose and intent. The purpose of this section is to establish outdoor lighting standards for new outdoor lights that will minimize glare, light trespass, and skyglow. The intent is to facilitate the conservation of energy; improve nighttime safety and security; protect the privacy of residents; minimize disturbance of wildlife; and enhance the ambiance of the community.

(2)

Lighting Handbook. The current edition of the "IES Lighting Handbook," published by the IESNA, is the standard to be used for the design and testing of parking facility lighting. The standards contained therein shall apply unless standards of this section are more restrictive, in which case the more restrictive standards shall apply.

(3)

Applicability.

a.

All new outdoor luminaires must comply with the standards of this section.

b.

Except as provided in Section 39-112(b)(7)b., renovation or reconstruction does not require compliance with this section.

c.

Compliance is required when resurfacing parking lots or when replacing parking lot lighting or sections of street lighting with LED lighting.

(4)

Standards.

a.

The following outdoor lighting restrictions shall apply to sites and structures based on their assigned lighting zone as set forth in Table 1, below.

Table 1. Temperature, Time, and Lumens Criteria for Lighting Zones

¹ Consistent with Rule 62B-55, Florida Administrative Code, and Certified Wildlife Lighting standards of the Florida Fish and Wildlife Conservation Commission.

² County parks that rent facilities after normal business hours for weddings and events may utilize LZ-1 for these facilities only.

³ Consistent with American Medical Association recommendation that outdoor lighting at night should have a Correlated Color Temperature (CCT) of no greater than 3000K.

⁴ Cooler color temperatures (greater than 3000K) or an alternative output reduction schedule may be granted at the discretion of the Director of the Environmental Planning and Community Resilience Division, or successor agency, if a project requires an exemption in order to comply with regulations that necessitate higher values.

⁵ As recommended in Table B of the IESNA and International Dark-Sky Association's Model Lighting Ordinance - Allowed Total Initial Lumens per Site for Nonresidential Outdoor Lighting, Hardscape Area Method.

_____

b.

All outdoor lighting in all lighting zones shall be designed and installed to prevent glare that affects motorists, bicyclists, or other users of roads, driveways, and bicycle paths.

c.

All outdoor lighting, except for street lighting subject to Lighting Zone LZ-3 standards, shall meet the standards set forth in Section 39-112(b)(4)a. above. Adaptive controls may be used to vary the intensity or duration of lighting operation to meet these standards.

d.

Motion detecting security lighting is not subject to the output reduction requirements in Section 39-112(b)(4)a.

e.

All outdoor lighting, including display, sign, building, parking lot, and aesthetic lighting, must use full cutoff fixtures or equivalent.

f.

Functional equivalents allowed. Lights that are properly installed in an architectural space (such as under a porch roof or a roof overhang), which provide the functional equivalence of a full cutoff fixture, need not use full cutoff fixtures. Similarly, a fixture having a U-0 B.U.G. rating may also be used.

g.

High intensity lighting, such as incandescent, fluorescent, and mercury vapor lighting, is prohibited. Energy efficient lighting (such as HPS, LPS, and LED) is recommended and encouraged.

h.

All outdoor lighting shall have a Correlated Color Temperature (CCT) of no greater than 3000K. In addition, sites with or adjacent to environmentally sensitive habitat areas shall use lights that emit wavelengths of five hundred sixty (560) nanometers or greater.

i.

Excluding parking areas, in all zoning districts that allow residential or commercial uses, pedestrian scale lighting on poles shall not exceed a maximum overall height of sixteen (16) feet. Whenever possible, pole lights with low-profile, low-level luminaires no higher than forty-eight (48) inches off the ground, such as low-mounted wall fixtures, low bollards, and ground-level fixtures, shall be used.

j.

In no case shall a bulb be exposed beyond the luminaire housing.

k.

Multistory garage structures shall adhere to the criteria set forth in this section. Consideration will be given for increased lighting if "green screens" are planned for the project to minimize light emitting from the structure.

l.

Interior lights shall not introduce significant glare, light trespass, and skyglow through windows or building openings at nighttime. All spaces larger than ten thousand (10,000) square feet in size shall incorporate adaptive controls to turn off lights when the spaces are not in use or use film to block light to forty-five percent (45%) transmittance or less.

m.

No outdoor lighting shall exceed by more than ten percent (10%) the minimum levels specified in IES recommended practices for nighttime safety, utility, security, productivity, enjoyment, and commerce.

n.

No street lighting, if not in conflict with the regulations of a superseding jurisdiction, shall emit light above ninety (90) degrees.

(5)

Allowable light trespass. Outdoor lighting shall conform to the following quantitative lights trespass limits. If multiple site and structure classifications are present on one (1) parcel, the more restrictive lighting zone limits will apply.

a.

Light trespass shall be limited to one-half (½) footcandle at the property lines for parcels with residential and public open space uses and at abutting property lines for parcels abutting residential and public open space zones, except as provided for in subsection b. below.

b.

Light trespass shall be limited to one (1) footcandle at the abutting property line for parcels abutting public rights-of-way.

c.

Light trespass shall be limited to one (1) footcandle at the property lines within all other zones.

(6)

Exemptions. The following are exempt from the requirements of this section:

a.

Emergency declarations. If the Broward County unincorporated area is included in a formal state of emergency declaration by local, state, or federal action, the standards herein shall be temporarily suspended for the duration of the declaration for lighting necessary to address or respond to the declared emergency.

b.

Emergency, nonstructural, temporary lighting. Law enforcement, fire service, and emergency medical services, and emergency response and management lighting not attached to a fixed structure in a permanent manner.

c.

Holiday Lights. Holiday lights, provided the individual bulbs are less than ten (10) watts and seventy (70) lumens.

d.

Live and recorded performances. Film, stage, and video broadcasting equipment for use in live or recorded performances for up to one (1) hour before and after the performance.

e.

Lake fountain lighting.

f.

Swimming pool in-water lighting.

g.

License plate capture security camera lighting at entrance gates, provided the light is located at least one hundred feet (100') from the right-of-way line of the nearest public roadway.

h.

Lighting for automated teller machines and other electronic payment systems.

i.

Exterior accessways, provided they are shielded, recessed, or underneath an overhang.

j.

Temporary uses (events permitted within the local jurisdiction).

k.

Utility sites.

l.

Emergency call boxes/rescue assistance stations.

m.

Airports and seaports, except for external roadways and parking areas.

(7)

Nonconforming luminaires. The following categories of outdoor lights must be brought into compliance with the standards of this section in accordance with the following criteria:

a.

All luminaires that direct light toward streets, bicycle paths, or parking lots that cause glare to motorists or cyclists shall be either shielded or redirected within one (1) year after the effective date of this section so that the luminaires do not continue to cause a potential hazard.

b.

All other nonconforming luminaires shall be brought into compliance with Section 39-112 during site renovation or improvement (building additions, renovation of existing building or site, and building space), if the building permit value of the site renovation or improvement exceeds fifty percent (50%) of the replacement cost of the building or building space.

(8)

Luminaire and fixture replacement or relocation. Any replacement or relocated luminaire must meet the standards of Section 39-112.

(c)

Interpretation of Conflicts. Where any of the provisions of this section conflict with any provision of this Zoning Code, the provision providing the greatest protection against glare, light trespass, and sky glow shall apply.

(d)

Enforcement. Enforcement will be conducted in accordance with Chapter 8½ of the Broward County Code of Ordinances, Code Enforcement.

(e)

Photometric plans.

(1)

A "point to point" lighting plan, signed and sealed by an engineer registered in the State of Florida, shall be submitted with any site plan application. Lighting plans submitted for single family residential properties shall not be required to be signed and sealed.

a.

The lighting plan shall include all visible exterior lighting for the project, including lighting for parking, landscape, building, and signage. It is the responsibility of the design engineer to meet the lumen requirements listed in Section 39-112(b)(4)a., and to adequately convey this on the photometric plans. Approved plans do not constitute approval of the final design by the County if field measurements exceed the maximum noted requirements. Additionally, photometric plans shall include the luminaire specification sheet along with the following table:

EXAMPLE LIGHTING COMPLIANCE CHART*

* Bulb type, quantity, lumens, and allowed lumens are examples only.

** Allowable lumens calculations per Section 39-112(b)(4)a.

(2)

The lighting system shall not be placed in permanent use until the design engineer has certified in writing that the system has been field tested and has been installed and is functioning per the approved plans and specifications.

(3)

The issuance of a final certificate of occupancy for the project is contingent on the County's confirmation that the site meets the photometric lighting requirements set forth in this section.

(Ord. No. 2019-04, § 3, 1-29-19; Ord. No. 2020-34, § 18, 9-22-20)

Editor's note— Ord. No. 2019-04, § 3, adopted Jan. 29, 2019, set out provisions intended for use as § 39-113. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 39-112.

(a)

Construction site debris and materials storage. Upon the declaration of a hurricane or tropical storm warning by the National Weather Service, all solid waste and construction materials stored upon a construction site shall be removed from the site or adequately secured in such a manner as to prevent such waste or construction materials from becoming windborne objects.

(b)

Storm shutter placement. Consistent with the provisions of the Florida Building Code, Broward County Edition, as may be amended, it is prohibited to maintain hurricane or storm protective devices or shutters on occupied buildings in a mounted or closed position, thereby impeding egress, light, and/or ventilation, for periods in excess of fifteen (15) consecutive days after a declared hurricane watch or warning has ended. Notwithstanding the foregoing, if a hurricane watch or warning is issued or if a hurricane is predicted to occur within forty-eight (48) hours after expiration of the fifteen (15) day period, the fifteen (15) day period begins anew the day after the last declared hurricane watch or warning has ended.

(Ord. No. 2020-34, § 19, 9-22-20)

The Urban Planning Division ("UPD"), or successor agency, shall be the central intake point for filing all applications and supporting documents for certified recovery residences within the Broward Municipal Services District ("BMSD"). Except as otherwise provided in this section, the following procedures shall govern the review of applications for certified recovery residences:

(a)

Minimum application requirements. An application for a certified recovery residence shall include:

(1)

The name and contact information of the applicant or the applicant's authorized representative.

(2)

The property address and parcel identification number ("Property").

(3)

If any local land use regulation serves to prohibit the establishment of a certified recovery residence at the Property, a description of the accommodation requested and the specific regulation or policy from which relief is sought ("Reasonable Accommodation") must be submitted to UPD. UPD shall not require public hearings beyond the minimum required by law to grant the Reasonable Accommodation.

(b)

Nondiscrimination: The application and Reasonable Accommodation process shall be consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq., as amended. The land use regulation for which the applicant is seeking a Reasonable Accommodation must not facially discriminate against or otherwise disparately impact the applicant.

(c)

Date-stamp. UPD shall date-stamp each application for a certified recovery residence upon receipt. If additional information is required, UPD shall notify the applicant in writing within the first thirty (30) days after receipt of the application and allow the applicant at least thirty (30) days to respond.

(d)

Final written determination. UPD shall issue a final written determination on the application within sixty (60) days after receipt of a completed application. The determination must (i) approve the request in whole or in part, with or without conditions; or (ii) deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. If a final written determination is not issued within sixty (60) days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time.

(e)

The application of this section does not supersede any current or future declaration or declaration of condominium adopted pursuant to Chapter 718, Florida Statutes; any cooperative document adopted pursuant to Chapter 719, Florida Statutes; or any declaration or declaration of covenant adopted pursuant to Chapter 720, Florida Statutes, as amended.

(Ord. No. 2025-32, § 5, 9-16-25)