The incorporated areas of the Town of Davie, Florida, are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district; to implement the adopted Town of Davie Comprehensive Plan; and to achieve the other purposes of this chapter. (See Article I.)

(Ord. No. 90-4, § 7, 2-21-90)

For the purpose of this chapter, land and water areas in the Town of Davie are zoned in accord with zoning districts, which are designated as follows:

(A)

Agriculture (AG) District.

(B)

Suburban (S) District.

(C)

Suburban Commercial (SC) District.

(D)

Urban Commercial (UC) District.

(E)

Freeway Business (FB) District.

(F)

Business Park (BP) District.

(G)

Transportation (T) District.

(H)

Neighborhood Conservation Districts.

Single-Family Home:

(1)

Rural Ranches (RR) District.

(2)

Agricultural (A-1) District.

(3)

Estate Dwelling (R-1) District.

(4)

Low Density Dwelling (R-2) District.

(5)

Low Density Dwelling (R-3) District.

(6)

Low Medium Dwelling (R-4) District.

(7)

Low Medium Dwelling (R-5) District.

Multi-Family Home:

(1)

Low Medium Dwelling (RM-5) District.

(2)

Medium Dwelling (RM-8) District.

(3)

Medium Dwelling (RM-10) District.

(4)

Medium High Dwelling (RM-12) District.

(5)

Medium High Dwelling (RM-16) District.

(6)

High Dwelling (RM-22) District.

Mobile Home:

(1)

Mobile Home Residential (MH-1) District.

(2)

Mobile Home Residential (MH-3) District.

(3)

Mobile Home Residential (MH-5) District.

(4)

Mobile Home Residential (MH-8) District.

(5)

Mobile Home Residential (MH-10) District.

(I)

Commercial Conservation Districts.

(1)

Neighborhood Business (B-1) District.

(2)

Community Business (B-2) District.

(3)

Planned Business Center (B-3) District.

(4)

Office (O) District.

(5)

Commerce Center (CC) District.

(6)

Heavy Commercial (C1) District.

(7)

Residential/Office (RO) District.

(8)

Community Business Marine (B-2M) District.

(J)

Industrial Districts.

(1)

Light Industrial (M-1) District.

(2)

Medium Industrial (M-2) District.

(3)

Planned Industrial Park (M-3) District.

(K)

Recreational, Community Facilities and Utilities Districts.

(1)

Recreation/Open Space (RS) District.

(2)

Commercial Recreation (CR) District.

(3)

Neighborhood Community Facilities (NCF) District.

(4)

Community Facilities (CF) District.

(5)

Utilities (U) District.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 96-4, § 1, 2-21-96; Ord. No. 97-12, § 1, 2-5-97; Ord. No. 2004-001, § 2, 1-7-04; Ord. No. 2011-2, § 2, 1-5-11; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. 2015-017, § 2(Exh. A), 6-10-15; Ord. No. O2018-009, § 2(Exh. A), 4-4-18)

Zoning districts established by this chapter are bounded and defined as shown on the zoning map of the Town of Davie, which, together with all explanatory materials contained thereon, are hereby made a part of this chapter. Said map is as much a part of these regulations as if fully described and set forth herein.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

The following rules shall be used to determine the precise location of any zone boundary shown on the zoning map of Town of Davie:

(A)

Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits.

(B)

Boundaries shown as following or approximately following streets shall be construed as following the centerlines of such streets.

(C)

Boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Town of Davie Base Maps shall be construed as following such lines.

(D)

Boundaries shown as following or approximately following the centerlines of streams, rivers or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourses and, in the event of a natural change in the location of such streams, rivers or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

(E)

Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in paragraphs (A) through (D) above shall be construed to be parallel to such features and at such distances therefrom as are shown on the zoning map.

(F)

Each parcel of land within the town shall be zoned in a zoning district which allows only those uses permitted by the Town of Davie Land Use Plan designation.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

The following sections specify the purpose and intent of the zoning districts established by this chapter:

(A)

Agricultural (AG) District: This district is intended to maintain, preserve and protect areas of the Town of Davie that are predominately in agricultural uses, and/or have historically demonstrated agriculture productivity. This district is designed to protect the agricultural industry from scattered residential development that displaces agricultural uses from substantial areas of productive agricultural land for a limited number of dwelling units by providing for lots on an acre in size or larger. This district is intended to maintain the rural character of the town and implement the Town of Davie Comprehensive Plan.

(B)

Rural Ranches (RR) District: This district is intended to protect areas of the Town of Davie, characterized by their rural or semi-rural, predominantly residential and very-low-density characteristics, from intrusive nonresidential uses and higher-density residential development which would be inconsistent with their established character. The district is also intended to permit continued agricultural and residential-agricultural use of land. The RR District implements the Agricultural and Residential one (1) dwelling unit per acre classifications of the Town of Davie Comprehensive Plan.

(C)

Suburban (S) District: The Suburban (S) District is intended to provide for open space living in the areas identified for residential densities of between two (2) and five (5) dwelling units per acre in the Town of Davie Comprehensive Plan. This district permits a variety of dwelling unit types to facilitate the provision of open space. The district is intended for use on large tracts and not as in-fill on properties less than ten (10) acres in areas surrounded by zoning of equal or lower density.

(D)

Suburban Commercial (SC) District: The Suburban Commercial (SC) District is intended for properties west of Pine Island Road where commercial uses are anticipated. It is intended to provide a less restrictive, more open form of commercial development in the western part of the Town of Davie that is compatible with the lower residential densities called for in that area.

(E)

Urban Commercial (UC) District: The Urban Commercial (UC) District is intended to provide for a mix of retail, office and residential uses in a medium to high-density environment. Areas so designated in the Town of Davie Comprehensive Plan will have some open space requirements to complement the higher densities permitted in the district.

(F)

Freeway Business (FB) District: The Freeway Business (FB) District is intended to be used to create an open type of mixed use business development with office, retail and residential uses in the same building. These uses are to be surrounded by substantial areas of open space. Employment of this district should reduce traffic by creating viable mixed use areas, provide a quality living environment, and access to open lands for recreation. The open space provided in this district will be a natural transition to lower density residential areas.

(G)

Business Park (BP) District: The Business Park (BP) District is intended to be used to promote modern campus types of industrial, office, distribution and service business areas where a wide variety of uses can be built in an attractive environment with substantial open areas on the periphery of the development.

(H)

Transportation (T) District: The Transportation (T) District is intended to implement the transportation category of the Future Land Use Plan. This district generally permits uses directly related to the development of transportation facilities and allows certain temporary uses that do not adversely affect, and may facilitate, the future development of a transportation use.

(I)

Neighborhood Conservation Districts: The Neighborhood Conservation Districts are intended for existing residentially zoned areas. They are designed to prevent these areas from becoming nonconforming as they would if they would be placed in the other districts in this chapter. These districts are also intended to provide for the minor infilling of existing neighborhoods consistent with their zoning and character at the time of the enactment of this chapter. Such neighborhoods are relatively uniform in character and are generally stable. The regulations permit future development consistent with existing neighborhood character. Areas identified as having a stable and fixed character will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual subdivision plat previously approved.

Neighborhood Conservation Districts consist of four (4) general types: The Residential Single-Family, the Multifamily, the Mobile Home, and the existing Planned Residential Developments (the PRD district is no longer available for new development). The single-family type is generally for the single-family detached dwellings and is comprised of six (6) districts based upon lot size: A-1, R-1, R-2, R-3, R-4 and R-5. The Multifamily type is comprised of six (6) districts as follows: RM-5, RM-8, RM-10, RM-12, RM-16, and RM-22. The mobile home type is comprised of five (5) districts: MH-1, MH-3, MH-5, MH-8, and MH-10. The A-1 District, while considered a residential dwelling district, does permit limited agricultural uses. For the limitations applying to agricultural uses in this district, see article III (Use regulations).

(1)

Agricultural (A-1) District: The A-1 District is intended to implement the agricultural and residential one (1) unit per acre classifications of the Town of Davie Comprehensive Plan and to maintain, protect and encourage the continuance of a productive agricultural community in Davie by ensuring that developments are buffered from existing agricultural uses.

(2)

Estate Dwelling (R-1) District: The R-1 District is intended to implement the one (1) dwelling unit per acre residential classification of the Town of Davie Comprehensive Plan and to provide estate residential areas with most of the noncommercial agricultural uses permitted providing a transition from agricultural land to residential dwelling units.

(3)

Low Density Dwelling (R-2 and R-3) Districts: The R-2 and R-3 Districts are intended to implement the three (3) dwelling units per acre residential classification of the Town of Davie Future Land Use Plan and the residential classification of the Town of Davie Comprehensive Plan by providing for low density dwelling districts in the town.

(4)

Low Medium Density Dwelling (R-4, R-5 and RM-5) Districts: The R-4, R-5 and RM-5 Districts are intended to implement the five (5) dwelling units per acre residential classification of the Town of Davie Future Land Use Plan and the residential classification of the Town of Davie Comprehensive Plan by providing for a low-medium density single-family dwelling district.

(5)

Medium Density Dwelling (RM-8 and RM-10) Districts: The RM-8 and RM-10 Districts are intended to implement the ten (10) dwelling units per acre residential classification of the Town of Davie Future Land Use Plan and the residential classification of the Town of Davie Comprehensive Plan by providing for medium density multiple family dwelling districts in the Town of Davie.

(6)

Medium-High Density Dwelling (RM-12 and RM-16) Districts: The RM-12 and RM-16 Districts are intended to implement the sixteen (16) dwelling units per acre residential classification of the Town of Davie Future Land Use Plan and the residential classification of the Town of Davie Comprehensive Plan by providing for medium-high density multiple-family dwelling districts in the Town of Davie.

(7)

High Density Dwelling (RM-22) District: The RM-22 District is intended to implement the twenty-two (22) dwelling units per acre residential classification of the Town of Davie Future Land Use Plan and the residential classification of the Town of Davie Comprehensive Plan by providing for a high density multiple-family dwelling district in the Town of Davie.

(J)

Commercial Conservation Districts: These districts are intended to preserve the character of existing commercial areas, neighborhoods and developments either in existence or under construction at the time of adoption of this chapter. The district is the commercial version of the Neighborhood Conservation District. The district permits these areas to continue to develop in commercial uses but requires better landscaping and vehicular access control.

(1)

Residential/Office (RO) District. The RO District is intended to implement the residential/office classification of the Town of Davie Comprehensive Plan by providing a buffer of professional offices and mixed residential and office development to surrounding residential areas. The intent of this district is to maintain the residential character of the neighborhood while permitting the development of professional offices.

(2)

Office (O) District. The O District is intended to implement the office classification of the Town of Davie Comprehensive Plan by providing encouragement toward the development of a business and research office park with complimentary retail and service uses in an open and attractive manner.

(3)

Commerce Center (CC) District. The CC District is intended to implement the commerce/office classification of the Town of Davie Comprehensive Plan by providing for development of office, research, business and light industrial complexes at suitable locations throughout the town. A commerce center development may serve as a major source of employment and will complement the appearance and welfare of the town. This district contains regulations designed to promote flexibility in planning and design.

(4)

Neighborhood Business (B-1) District. The B-1 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to service the local neighborhood shopping and personal service needs of a limited surrounding residential area. Retail stores permitted herein are intended to include mainly convenience goods which are usually a daily necessity for a residential neighborhood.

(5)

Community Business (B-2) District. The B-2 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to service the shopping and limited service needs of several neighborhoods or the local community. Retail stores are intended to include convenience, fashion and durable goods.

(5.1)

Community Business Marine (B-2M) District. The B-2M District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing limited commercial marine services as well as residential and other shopping and service needs in a manner which is not in conflict with commercial marine services. Compatible residential is also allowed by special permit.

(6)

Planned Business Center (B-3) District. The B-3 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to meet the shopping and service needs of large sections of the town or metropolitan areas. Such business generally requires considerable ground area, do not cater directly to pedestrians, and need a conspicuous and accessible location convenient for motorists.

(K)

Industrial Districts.

(1)

Light Industrial (M-1) District. The M-1 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for light industrial uses, such as research, development or fabrication of products, which make use of processes not likely to be objectionable to neighborhood properties because of noise, vibration, odors, smoke, air pollution, or other physical manifestations.

(2)

Medium Industrial (M-2) District. The M-2 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for medium industrial uses which, by their inherent nature or by virtue of the materials used, processes utilized or products produced, may involve some characteristics objectionable to or incompatible with residential areas. Hence, M-2 districts are not intended for locations abutting residential property.

(3)

Planned Industrial Park (M-3) District. The M-3 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for planned industrial parks which can accommodate light, medium or selected heavier industrial uses in an open, uncrowded and attractive manner through limitations on setbacks and coverage, and for other permitted uses. M-3 Districts are not intended for locations abutting residential property.

(L)

Recreational, Community Facilities and Utilities Districts.

(1)

Utilities (U) District. The U District is intended to implement the utilities classification of the Town of Davie Comprehensive Plan by providing areas for the location and expansion of water, wastewater, communication and power facilities, and solid waste disposal sites.

(2)

Neighborhood Community Facilities (NCF) District. The NCF District is intended to implement the community facilities classification of the Town of Davie Comprehensive Plan by providing areas for location of community facilities in close proximity to residential neighborhoods. The NCF District may be applied to lands outside the community facilities classification as may be otherwise consistent with the Comprehensive Plan, provided that any new NCF area must either be served by an existing central sewer system (not an on-site disposal system) at the time of such designation or the extension of such service must be included in the 5-Year Capital Improvement Program with an identified funding source.

(3)

Community Facilities (CF) District. The CF District is intended to implement the community facilities classification of the Town of Davie Comprehensive Plan by providing areas for location of community facilities. The CF District may be applied to lands outside the community facilities classification as may be otherwise consistent with the Comprehensive Plan, provided that any new CF area must either be served by an existing central sewer system (not an on-site disposal system) at the time of such designation, or the extension of such service must be included in the 5-Year Capital Improvement Program with an identified funding source.

(4)

Recreation/Open Space (RS) District. The RS District is intended to implement the parks and recreation classification of the Town of Davie Comprehensive Plan by providing areas for the development of nonprofit active or passive recreational facilities and the preservation of open space.

(5)

Commercial Recreation (CR) District. The CR District is intended to implement the commercial recreation classification of the Town of Davie Comprehensive Plan by providing areas for the development of commercial recreational facilities.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 96-4, § 2, 2-21-96; Ord. No. 97-12, § 1, 2-5-97; Ord. No. 2002-35, § 1, 10-16-02; Ord. No. 2004-001, § 3, 1-7-04; Ord. No. 2007-013, § 1, 6-20-07; Ord. No. 2011-2, § 3, 1-5-11; Ord. No. 2012-28, § 1(Exh. A), 12-5-12; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. 2015-017, § 2(Exh. A), 6-10-15; Ord. No. O2018-009, § 2(Exh. A), 4-4-18)

An application for rezoning submitted pursuant to applicable regulations and procedures and filed prior to the enactment of this chapter may be processed under the regulations in effect as of the date of filing.

(Ord. No. 90-4, § 7, 2-21-90)

Editor's note— Section 1 of Ordinance No. 95-11, adopted March 1, 1995, repealed § 12-26 in its entirety. Formerly, § 12-26 pertained to the planned unit residential development district and derived from Ord. No. 94-46, § 1, adopted Dec. 21, 1994. Section 2 of Ord. No. 95-11 provided for the following:

All lands which are zoned Planned Unit Residential District at the time this chapter takes effect [April 5, 1995] shall retain such zoning designation and all provisions of section 12-26, as it existed prior to the adoption of this chapter, shall remain in full force and effect for such lands as if this chapter had not been adopted.