The intent of this section is to provide regulations for the flexible arrangement of residential densities and nonresidential intensities throughout the city in accordance with the effective Broward County Land Use Plan of the Broward County Comprehensive Plan, the effective Administrative Rules Document: BrowardNext, and the effective City of Fort Lauderdale Comprehensive Plan.

(Ord. No. C-21-31, § 3, 10-5-21)

For the purpose of this section, the following terms and words herein are defined. Other definitions may appear in specific sections of the ULDR and are applicable only to those sections.

A.

Affordable housing bonus units: Additional dwelling units allocatable as bonus residential density to facilitate the development of affordable housing as approved by city commission and Broward County Planning Council.

B.

Bonus flexibility units: Flex units allocable as bonus residential density to facilitate the development of affordable housing.

C.

Density: The number of dwelling units permitted within an area, divided by the net acreage of the area.

D.

Flexibility rules: Flexibility rules permit the city to revise and rearrange land uses and permit additional residential dwelling units without requiring an amendment to the Comprehensive Plan, Future Land Use Plan or the Broward County Land Use Plan; hereafter referred to as "BrowardNext."

E.

Flexibility units: Flexibility units, also referenced herein as flex units, are the total number of additional dwelling units equal to the difference between the number of dwelling units permitted within a flexibility zone by BrowardNext and the number of dwelling units permitted within the local government's certified future land use plan map, plus additional remaining permitted dwelling units, fixed at the adoption date of the 2017 Broward County Land Use Plan and formerly defined as "Reserve Units" which were equal to two (2) percent of the total number of dwelling units permitted by the local government's certified future land use plan map.

F.

Flexibility zone: An area that corresponds to the municipal boundaries of the City of Fort Lauderdale.

G.

Master planned areas: Geographic areas of the city where there is a master plan or redevelopment plan approved by the city commission whereas such areas contain various underlying land use designations and is located in the unified flexibility zone.

H.

Nonresidential flexibility acreage: Nonresidential flexibility acreage, also refenced herein as flex acreage, is the total amount of acres permitted to be converted to commercial use without an amendment to the Comprehensive Plan, Future Land Use Plan.

I.

Unified flexibility zone: The geographic area identified for the allocation of flex units also referred to as the unified flex zone or flex receiving area. Areas outside the unified flexibility zone are not eligible for the allocation of flex units unless stated herein.

(Ord. No. C-21-31, § 4, 10-5-21)

A.

Determination of availability.

1.

The department shall maintain a log identifying the name, location, and approval date of development projects using flexibility containing the following information:

a.

Total number of acres designated residential, commercial, industrial and employment center within the municipal boundary.

b.

Total number of residential, industrial and employment center acres allocated for commercial use through assignment of flexibility in the previous calendar year.

c.

Total number of residential, industrial and employment center acres allocated for commercial use through assignment of flexibility which includes all previous yearly allocations.

d.

Total number of flexibility units and redevelopment units allocated in the previous calendar year to residential or non-residential designated lands which did not require an amendment to the local land use plan map.

e.

Total number of flexibility units and redevelopment units allocated, including all previous yearly allocations to residential or non-residential designated lands which did not require an amendment to the local land use plan map.

2.

An applicant seeking the allocation of flex unit or flex acreage must obtain confirmation from the department that the requested flex is available prior to the submittal of a development application.

B.

Minimum flex unit size.

1.

Minimum unit size for flex units including affordable housing units and bonus flex units shall be four hundred (400) square feet.

2.

The minimum unit size of four hundred (400) square feet shall not apply if the applicable zoning district contains a more stringent minimum unit size, in which the more restrictive shall apply.

C.

Allocation of flex units in the Regional Activity Center Land Use Designations (RACs) or Master Planned Areas.

1.

For the purpose of this subsection C, the term RACs refers to those areas designated as such in the city's Comprehensive Plan and depicted on the city's Future Land Use Map. The term Master Planned Areas refers to those areas meeting the definition for such as defined herein.

2.

Flex units may be allocated to development sites subject to the following conditions:

a.

Demonstration that the use of flex units is in conformance with goals, objectives and policies of the city's Comprehensive Plan.

b.

Development applications shall be reviewed to determine if the development is consistent with the applicable master plan or has proposed alternative designs which meet the intent of the applicable master plan design guidelines. In the event compliance with the ULDR would not permit consistency with the design guidelines, the master plan design guidelines shall govern. In the event there is no applicable master plan for the development site, the applicable zoning district regulations shall apply.

c.

Development applications shall be subject to applicable approval requirements in Section 47-24, Development Permits and Procedures.

d.

The allocation of flex units shall expire and terminate upon the expiration of the development permit approval in accordance with Section 47-24.1.M.

D.

Allocation of flex units on commercial or employment center land use designated parcels.

1.

The city may allocate flex units to a development site with a commercial or employment center land use designation subject to the following conditions:

a.

Demonstration that the use of flex units is in conformance with goals, objectives and policies of the city's Comprehensive Plan.

b.

Development parcel is located in the city's unified flex zone.

c.

Development application approval shall be subject to Section 47-24, Development Permits and Procedures.

d.

Development applications shall meet the provisions of Section 47-18.21, Mixed Use Development.

E.

Allocation of nonresidential flex acreage on residential, employment center, and industrial land use designated parcels.

1.

The city may permit commercial uses on a parcel with a residential land use designation subject to the following conditions:

a.

Rezoning of the development site to community business (CB) only, or to exclusive use (X-Use); and

b.

No more than five (5) percent of the total area within the citywide flex zone that is designated residential on the city's plan may be rezoned to CB or X-Use; and

c.

The parcel proposed for CB or X-Use use shall not be greater than ten (10) contiguous acres;

d.

Development applications for mixed use shall meet the provisions of Section 47-18.21, Mixed Use Development; and

e.

Site Plan Level IV development permit approval in accordance with Section 47-24.2, and Rezoning in accordance with Section 47-24.4, Development Permits and Procedures.

2.

The city may permit commercial uses on parcels with employment center or industrial designation on the city's land use plan, by rezoning the parcel to a business zoning district, subject to the following conditions:

a.

No more than twenty (20) percent of the total land use area within the citywide flex zone that is designated for industrial or employment center land use may be rezoned to a business zoning district;

b.

Site Plan Level IV development permit approval in accordance with Section 47-24.2, and Rezoning in accordance with Section 47-24.4, Development Permits and Procedures.

F.

Allocation of affordable housing units and bonus flexibility units.

1.

The city may allocate affordable housing units to a development parcel for affordable housing projects in residential, commercial, employment center, community facility, and RAC land use designations, subject to the following:

a.

The allocation shall not exceed the density permitted by the city's future land use plan designation for the development parcel and no greater than fifty (50) dwelling units per acre for nonresidential land use designations. There is no density limitation for development parcels within a RAC land use designation unless specified in the applicable RAC zoning district.

b.

For development parcels with an underlying land use of residential, the development parcel must have a future land use designation that permits a density greater than five (5) dwelling units per net acre.

c.

Development applications shall meet the requirements for affordable housing as established by BrowardNext restricting the parcel for a period of thirty (30) years.

d.

The allocation of affordable housing units shall be done in conjunction with a Site Plan Level II development permit approval for the proposed development in accordance with Section 47-24.1, Development Permits and Procedures.

2.

The city may allocate affordable housing bonus units and bonus flexibility units to development parcels resulting in a density that exceeds the limitation of subsection 47-28.3.F.1.a, provided that:

a.

The allocation of affordable housing bonus units shall be in addition to the permitted density for development parcel as indicated by the city's future land use plan but shall not exceed one hundred (100) percent of such permitted density and no greater than one hundred (100) dwelling units per acre for nonresidential land use designations. There is no density limitation for the allocation of affordable housing bonus units for development parcels within a RAC land use designation.

b.

Bonus flexibility units may be permitted to a development project based on income categories for affordable housing units as defined by BrowardNext and based on the following formulas:

1.

Six (6) bonus flexibility units per every one (1) moderate-income affordable housing unit.

2.

Nine (9) bonus flexibility units per every one (1) low-income affordable housing unit.

3.

Nineteen (19) bonus flexibility units per every one (1) very-low-income affordable housing unit.

c.

Notwithstanding the provisions of subsection 47-28.3.F.2.a, the total combined number of affordable housing bonus units and bonus flexibility units shall not exceed fifty (50) percent of permitted density for development parcels that contain residential land use and no greater than one hundred (100) dwelling units per acre for nonresidential land use designations. There is no density limitation for development parcels within a RAC land use designation unless specified in the applicable RAC zoning district.

d.

Development applications must demonstrate that the development project will meet Section 47-25.3, Neighborhood Compatibility to receive affordable housing bonus units and bonus flexibility units.

e.

Development applications shall meet the requirements for affordable housing as established by BrowardNext restricting the affordable housing units for a period of thirty (30) years.

f.

The allocation of affordable housing bonus units shall be done in conjunction with a Site Plan Level II development permit approval for the proposed development in accordance with Section 47-24.1, Development Permits and Procedures.

g.

The allocation of bonus flexibility units shall be done in conjunction with a Site Plan Level III development permit approval for the proposed development in accordance with Section 47-24.1, Development Permits and Procedures.

G.

Allocation of flex units and bonus sleeping rooms for social service residential facilities, group homes, foster care facilities, etc.

1.

The city may allocate flex units to special residential facilities or bonus sleeping rooms at a density calculated as one-half (½) a dwelling unit per sleeping room. Facilities that contain independent living shall be allocated density at a calculation of one dwelling unit to one.

2.

Subject to the requirements in Section 47-17.18.32 for social service residential facilities (SSRF).

3.

A Site Plan Level III approval is required in accordance with Section 47-24.2, Development Permits and Procedures.

H.

Allocation of flex units for Transfer of Development Rights (TDR).

1.

For the purposes of the TDR program in Section 47-36.1, flex units may be allocated from a sending site to a receiving site in perpetuity with the approval and recordation of a Certificate of Transfer in accordance with meeting all requirements under Section 47-36.1.

(Ord. No. C-21-31, § 5, 10-5-21; Ord. No. C-25-20, § 3, 5-20-25)