A.

Residential zoning districts.

RS-3.52

RS-6.70

RS-6.85A

RS-6.85B

RD-12.22

RM-12.67

RM-16

RM-33.5

B.

Non-residential zoning districts.

CB - Community Business. (see section 47-6)

B-1 - Boulevard Business. (see section 47-6)

CF-H - Community Facility—House of Worship (see section 47-8)

CF-HS - Community Facility—House of Worship and School (see section 47-8)

CF-S - Community Facility—School (see section 47-8)

CF - Community Facility. (see section 47-8)

U - Utility. (see section 47-8)

P - Parks, Recreation and Open Space. (see section 47-8)

(Ord. No. C-09-27, § 1, 10-20-09)

The following general provisions shall apply to all property located in the Melrose Park and Riverland Road areas, as defined by this section, except as specified herein. Where certain provisions do not appear in this section and appear in other sections of the ULDR, the ULDR shall apply.

(1)

Easements. No permanent structure except a wood or chain link fence shall encroach upon or into any easement of record. No structure or use shall encroach upon or obstruct access through any easement specifically granted for ingress or egress purposes.

(2)

Double frontage. Where a plot is bounded on two (2) opposite sides by public or private rights-of-way or streets with no platted nonvehicular access line or landscape easement on one (1) of the two (2) sides, front yards shall be provided on both such sides. Accessory buildings shall not be located in either front yard.

(3)

Yard encroachments. All required yards shall be open and unobstructed from ground to sky except as follows or as otherwise permitted in this article for zero lot line developments:

(a)

Sills, columns, ornamental features, chimneys, eaves, and awnings may project thirty-six (36) inches into a required yard.

(b)

Fire escapes, stairways, balconies or canopies which are unenclosed, and air conditioning units may project three (3) feet eight (8) inches into a required side or rear yard.

(c)

An unenclosed and unroofed patio or deck not higher than the first floor level of the principal building may be located in any required yard which is not contiguous to a street to within five (5) feet of a plot line. A ground-level slab or patio may be located within fifteen (15) feet of a front plot line. For unenclosed and unroofed patios and decks located in RS-6.85B, Section 47-19.2.G shall apply.

(d)

On a plot containing a one-family detached or two-family dwelling, side and rear yards not abutting a street may be reduced to five (5) feet for accessory uses and buildings.

(e)

Accessory buildings may not exceed one (1) story on any plot containing a one-family detached dwelling.

(f)

Accessory buildings shall not exceed half the height of any principal building on plots containing two-family or multiple-family dwellings. On any plot containing grouped dwellings of varying heights, accessory buildings shall not exceed half the height of the lowest building on the plot.

(g)

One-story accessory buildings shall be at least ten (10) feet from any other accessory building and from any principal building on the same plot. The distance between any principal and accessory buildings on the same plot, where the accessory building is higher than one-story, shall be half the height of the highest principal building.

(h)

The aggregate floor area of all accessory buildings shall not exceed five (5) percent of the plot area.

(i)

No accessory building shall contain more than fifty (50) percent of the floor area of the principal building.

(4)

Fences, walls and hedges. Fences, walls, or hedges may be erected, planted, and maintained upon any plot line and in required yards of residentially-zoned property to a maximum height of six (6) feet, except as follows:

(a)

On a lot line not at a corner, where a residential plot abuts commercial or industrially-zoned property, a fence, wall, or hedge may be a maximum height of eight (8) feet.

(b)

On a corner lot, no opaque fence, wall or hedge may exceed thirty (30) inches within twenty-five (25) feet of the intersection of the front and side street property lines.

(c)

Barbed wire, electrified or razor wire fences, or barbed, electrified or razor wire-topped fences or walls are prohibited on any residentially-zoned property.

(d)

Fence height shall be measured from the established grade.

(5)

Swimming pools and spas. All residential swimming pools and spas shall be constructed in conformity with the following requirements:

(a)

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

(b)

On plots containing a one- or two-family dwelling, swimming pools and spas may be placed in required side or rear yards subject to the limitations of Section 47-39.A.1.b.(3)(d). For purposes of this subsection, the minimum setback from a plot line shall be measured beginning three (3) feet from the outermost edge of the waterline of the swimming pool or spa for fenced pools and spas, and from the exterior of the screen enclosure for screen enclosed swimming pools and spas.

(c)

Swimming pools or spas on plots which directly abut a waterway or other water area shall not require enclosure along such waterway or water area.

(d)

For swimming pools and spas located in RS-6.85B, Section 47-19.2.BB shall apply, except that such swimming pools and spas shall not be located in the required front yard.

(6)

Storage on residential property.

(a)

Residentially-zoned land shall not be used for the storage of building materials or construction equipment except during active construction on the plot where the materials or equipment are located, and provided that a valid permit is in effect for the construction project, and the materials and equipment stored on the plot are necessary for the permitted construction project.

(b)

The open air storage of any item is prohibited in residential zoning districts with the exception of usable lawn, garden or pool furniture or equipment, barbecues, toys, bicycles, or trash cans being used by the residents of the dwelling on the plot where such items are stored.

(c)

Storage or parking of private passenger vehicles in residential zoning districts shall be in accordance with Section 47-39.A.14, Off-street Parking and Loading.

(7)

Commercial vehicles.

(a)

It shall be unlawful to park or store any commercial vehicle or equipment on public or private property in all residential zoning districts, except for the following:

1.

One (1) commercial vehicle weighing five thousand (5,000) pounds or less may be parked or stored in a carport or garage, or in a side or rear yard if completely hidden from view of all adjacent properties.

2.

Nothing shall prohibit the temporary parking of any commercial vehicle or equipment while its owner or operator is performing lawful and authorized public or private work as follows:

a.

Tradesmen performing service or construction work or making deliveries of merchandise or household items;

b.

Public utility service work or emergency vehicles, including law enforcement vehicles.

(8)

Dumpsters and dumpster enclosures.

(a)

Dumpsters and dumpster enclosures shall be required on all residential plots containing four (4) or more dwelling units unless:

1.

There is a carport, garage, or other enclosed area suitable for storage of waste containers, attached to each individual dwelling unit on the plot; and

2.

That such carport, garage, or other enclosed area is used by the residents of the dwelling to store their waste containers when not being made available for trash pick-up.

(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.

(d)

Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture and major appliances, except during a scheduled bulk pick-up by a licensed collector.

(e)

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 (1) foot inside the perimeter of the enclosure to prevent the dumpster from striking the enclosure during collection.

(f)

The dumpster, dumpster enclosure, and all surrounding areas shall be maintained by the property owner in accordance with this section, and shall be kept free of overflowing refuse at all times, except on a scheduled pick-up date. 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.

(g)

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

(h)

Dumpsters may be placed in the ground, provided the floor and walls of the enclosure are constructed of an impervious material. Any portion of the dumpster which is visible above the ground shall be screened with landscape material.

(i)

Dumpsters not placed in the ground shall be stored on a concrete pad, in accordance with the South Florida Building Code, at all times except twelve (12) hours before or after scheduled refuse collection and twenty-four (24) hours before or after special bulk waste collection.

(j)

The perimeter of the dumpster pad shall be enclosed on three (3) sides by an enclosure no less than the height of the dumpster plus six (6) inches. The enclosure shall be of translucent material allowing the detection of movement from one (1) side to the other side of the enclosure. The remaining side of the dumpster enclosure shall be enclosed with gates constructed in accordance with Section 47-39.A.1.b.(8)(k) below.

(k)

The gates of the enclosure shall be constructed of a frame with translucent walls affixed thereto, and 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.

(l)

All dumpster enclosures consisting of living plants shall conform to the requirements of Section 47-39.A.13 Functional Landscaping and Xeriscaping.

(m)

On residential plots developed prior to June 16, 1995, where no other suitable location exists, upon application and receipt of a permit from the City of Fort Lauderdale, a residential dumpster and dumpster enclosure may be located within a required parking space or yard area.

(9)

Recreational vehicles and boats. In all residential zoning districts currently licensed recreational vehicles and boats may be parked or stored on plots containing a dwelling, subject to the following:

(a)

Parking or storage of recreational vehicles or boats shall be limited to vehicles or boats owned by the occupants of the property or their guests.

(b)

Maintenance of recreational vehicles or boats shall not be permitted in a residential zoning district with the exception of cleaning or replacement of tires, batteries, spark plugs or other minor repairs which do not involve the exchange of engine parts or paint or body work.

(c)

At no time while parked or stored in a residential zoning district shall sewer or electrical service connections be attached to a recreational vehicle or boat, except that electrical service connections may be attached for a maximum of forty-eight (48) hours prior to and in preparation for departure from the property.

(d)

All boats, except canoes and boats less than twelve (12) feet in length, must be on a currently licensed boat trailer.

(e)

In addition to the limitations in Section 47-39.A.1.b.(9) (a), (b), (c) and (d) above, on a plot containing a one- or two-family dwelling:

1.

Not more than one (1) boat and one (1) recreational vehicle may be parked or stored outside of a carport or fully enclosed building.

2.

No recreational vehicle or boat shall be parked or stored in a location, which causes the recreational vehicle or boat to encroach onto a street or in any location which visually obstructs vehicle egress from contiguous properties.

(f)

In addition to the limitations in Section 47-39.A.1.b.(9) (a), (b), (c), (d) and (e) above, on a plot containing three (3) or more dwelling units:

1.

One (1) recreational vehicle and one (1) boat per dwelling unit may be parked or stored on the plot outside of a carport or fully enclosed building, if an area specifically designated for such use is provided.

2.

No part of any required off-street parking facility or required landscape area may be used for parking or storage of recreational vehicles or boats.

(10)

Repair and maintenance of vehicles.

(a)

Mechanical repairs to private passenger vehicles belonging to occupants of a dwelling shall be permitted inside a residential garage.

(b)

Only minor repairs limited to tire, battery, sparkplug, or oil replacement may be performed in a carport or in the open air.

(c)

No storage of parts or equipment shall be permitted at any time outside of a garage.

(d)

Auto body work and painting shall be prohibited in any residential area.

(e)

Any repair or maintenance of vehicles conducted pursuant to this section shall conform to all other provisions of the ULDR.

(11)

Boathouses, boat slips and boat lifts. The following regulations shall apply to boathouses, boat slips and boat lifts in residential districts:

(a)

No boathouse or boat lift shall exceed a height of fifteen (15) feet.

(b)

No boathouse shall be built less than five (5) feet from the established bulkhead or waterway line or less than ten (10) feet from any side plot line.

(c)

No boathouse shall exceed twenty (20) feet in width and forty (40) feet in depth.

(d)

No boathouse, boat slip or boat lift shall be constructed or altered to be less than ten (10) feet from any side plot line.

(e)

No boathouse, boat slip or boat lift may extend more than thirty-three (33) percent of the width of the waterway, or twenty-five (25) feet into the waterway, whichever is less, as measured from the recorded property line along the waterway.

(f)

Nighttime reflectors shall be affixed to any boathouse or boat lift extending more than five (5) feet into any waterway.

(g)

For boatlifts located in RS-6.70, Section 47-19.3 shall apply.

(12)

Docks and moorings. Docks and moorings for pleasure boats, yachts and other noncommercial watercraft shall be permitted in residential zoning districts on any waterway or water area as an accessory use to a permitted residential occupancy of a plot, subject to the following:

(a)

No dock shall project more than five (5) feet into any waterway beyond the property line along the waterway or the established bulkhead line. No dock shall extend closer than ten (10) feet to the plot line of any other residentially-zoned property.

(b)

Mooring pilings shall be permitted, provided they do not project into any waterway more than thirty-three (33) percent of the width of the waterway, or twenty-five (25) feet, whichever is less, as measured from the recorded property line. No mooring piling shall be situated closer than ten (10) feet to any lot line of contiguous property.

(c)

Nighttime reflectors shall be affixed to any mooring piling extending more than five (5) feet into any waterway.

(d)

Vessels docked at or moored to private docks or by mooring pilings shall not extend into a waterway more than thirty-three (33) percent of the width of the waterway measured from the recorded property line.

(e)

No vessel of any kind shall dock at, moor to, or tie up to a private seawall, dock or mooring piling or be beached upon private property without the permission of the owner or legal occupant of the residence immediately adjacent to the private seawall, dock, mooring piling, or beach. Nothing, however, shall prohibit vessels or persons in distress from mooring to, tying up to, or beaching on private property, in an emergency situation, for a maximum of seventy-two (72) hours from the time the vessel is initially moored, docked, tied up to, or beached on the private property. At the end of the seventy-two (72) hour period, the owner or occupant of such private property may request the City of Fort Lauderdale to initiate the appropriate procedures to remove the vessel.

(f)

The owner of the property or person in charge of or occupying a vessel shall at all times keep the docks, seawalls and premises adjacent to such vessel in a neat and orderly manner and free from litter, repair parts, machinery, equipment and debris of any kind.

(g)

[Reserved.]

(h)

No vessel shall be docked, moored or anchored adjacent to residential property in such a manner that it extends across the property line of contiguous property. For vessels located in RS-6.85B, Section 47-19.3 shall apply.

(i)

For docks located in RS-6.85B and RD-12.22, and for moorings located in RS-6.85B, Section 47-19.3 shall apply.

(j)

The city commission may waive the mooring device limitations as more particularly set forth in Section 47-19.3.(e). of the ULDR.

(13)

Tidal flood protection. The provisions of Section 47-19.13 of the ULDR shall apply to all property located in the Melrose Park and Riverland Road areas.

(14)

Household pets. Livestock such as horses, cattle, sheep, goats, hogs, pigs, and poultry shall not be permitted as pets.

(15)

Grouped housing. Where two (2) or more separate buildings for dwelling purposes are erected on the same plot, minimum front, side and rear yards shall be provided around the perimeter of the plot as required by this code. The distance between such buildings shall be at least half the height of the higher of the two (2) buildings, but not less than ten (10) feet.

(16)

Minimum space and basic facility requirements for dwelling units. No person shall occupy or allow occupancy of any dwelling unit which does not comply with the minimum standards specified herein.

(a)

Requirements for space.

1.

Each dwelling unit shall have a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant and not less than one hundred twenty (120) square feet for each additional occupant, of which forty (40) square feet shall be bedroom area, thirty (30) square feet shall be dining area, and fifty (50) square feet shall be living area.

2.

Every room in a dwelling unit shall have a gross floor area of not less than seventy (70) square feet and, when occupied by more than one occupant, shall have a gross floor area of at least (50) square feet for each occupant. Every room shall have a minimum width of eight (8) feet.

3.

Every dwelling unit shall have a minimum of twelve (12) square feet of floor area of closet space for the first bedroom and six (6) square feet of floor area for closet space for each additional bedroom. Kitchen closet space shall not be considered as meeting this requirement. All clothes closets must have a shelf and rod.

(b)

Basic sanitary facility requirements.

1.

Each dwelling unit shall have not less than one (1) flush water closet, one (1) lavatory basin, and one (1) bathtub or shower for each six (6) persons, or fraction thereof, residing in the dwelling unit.

2.

Urinals shall not be substituted for water closets.

3.

All toilet and bath facilities shall be accessible from the interior of the dwelling unit.

(17)

Temporary sales offices.

(a)

A temporary sales office may be erected and used on the plot of a residential development during construction of the dwelling units in the project. The sales office shall be removed upon completion of the phase of the project utilizing the sales office, or three (3) years from the date of issuance of the Development Order for Building Permit for the first dwelling unit, whichever occurs first.

(b)

In no case shall any temporary sales office be permitted to remain on the plot of the residential development if the Development Order or any permit for construction of the dwelling units in the project becomes invalid for more than a thirty-day time period.

(c)

Any permit application for a temporary sales office shall be accompanied by a copy of an approved plat or site plan specifically delineating the boundaries of the phase of the project the sales office is to serve.

(d)

Only one (1) sales office shall be permitted to serve the area delineated in the project area.

(18)

Signs. Signs in any residential zoning district shall be subject to Section 47-39.A.15.

(19)

Definitions. Terms used in this article are defined in Section 47-39.A.2., Definitions and Measurements, of this Code.

(20)

Landscaping. All properties

(Ord. No. C-09-27, § 1, 10-20-09; Ord. No. C-13-18, § 1, 6-4-13; Ord. No. C-23-05, § 3, 3-23-23)

The following definitions shall apply to all property located in the Melrose Park and Riverland Road areas as defined in Section 47-39.A. Where certain definitions and measurements do not appear in this section and are defined in Section 47-35.1 or Section 47-2.2, Section 47-35.1 and Section 47-2.2 shall apply.

A.

General construction of terms. For the purpose of this code, certain terms used herein are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "building" shall include the word "structure." The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The word "land" shall include water surface and land water.

B.

Terms defined. (Defined in Sec. 47-35.1)

Accessory building: An "accessory building" is a subordinate building which is located on the same development site as the principal building, the use of which building is clearly incidental to the use of the principal building.

Adult Day Care Center: An establishment, which provides day care and activities for adolescents or adults who require supervision due to physical or mental limitations.

Alley: A public thoroughfare or way, not more than thirty (30) feet in width, and which normally provides a secondary means of access to abutting property.

Alter: "Alter", "altered" or "alteration" shall mean any change in size, occupancy or use of a building or structure; any repair or modification to a nonconforming building, structure or use; the erection or placement of any sign; the addition, removal or modification of any paving or landscaping.

Antenna: A transmitting and/or receiving device and/or relays used for personal wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Arterial: A street having that meaning given in F.S. § 334.03(1), (Arterials in Broward County are shown on the Broward County Trafficways Plan.)

Auditorium: A building or complex of buildings that has facilities for cultural, entertainment, recreational, athletic and convention activities or performances.

Building: Any structure having a solid roof and solid walls on all sides and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Child Care Center: A place for the day care and instruction of children not remaining overnight.

Club, Private: Shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, night clubs or other institutions operated as a business.

Combined Parking: An off-street parking facility originally designed, approved and permitted as a single site plan, but which was subsequently subdivided and sold to two (2) or more persons as separate plots.

Commercial Vehicle: Any vehicle designed, intended or used for transportation of people, goods or things, other than private passenger vehicles and recreational vehicles. The term "commercial vehicle" shall include, but is not limited to, the following:

(1)

Semitrailer: All two- or more wheeled vehicles designed to be coupled to and drawn by a motor vehicle.

(2)

Truck: A motor vehicle designed with or modified to contain a bed, platform, cabinet, rack or other equipment for the purpose of carrying items or things orperforming commercial activities and weighing four thousand (4,000) pounds or more. This term includes, but is not limited to, wreckers, tow trucks, dump trucks, utility or service vehicles, and moving vans.

(3)

Truck-tractor: A motor vehicle having four (4) or more wheels and equipped with a fifth wheel for the purpose of drawing a semitrailer.

(4)

Bus: Any vehicle designed or modified for transportation of ten (10) or more people in seats permanently placed in the vehicle.

(5)

Business vehicle: Any vehicle upon which a business name is displayed. This term includes, but is not limited to, taxis, limousines, ambulances, and vans, but excludes police and security vehicles, which are providing security services to the area where the vehicle is parked.

Common Open Space: Any area designated on a recorded plat or approved site development plan, not including private or public streets, for joint use by the residents of the development as parking, drives, service areas, tennis courts, recreational buildings, preservation of natural areas, landscaping, drainage areas, and water areas.

Common Party Wall: A solid wall, without any openings, which separates two (2) dwelling units, with no open space between the two (2) units.

Community Residential Facility: A residential building or buildings designed or altered to provide housing, food service, and personal services to persons unrelated to the owner or manager of the facility, and which is licensed by the State of Florida or other government agency for such purposes.

Completely Enclosed Building: A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Contiguous: Directly adjoining; immediately adjacent to; contiguous plots have at least one (1) side of each plot which touches one (1) side of the other plot or plots with no separator between the plots such as a public right-of-way, canal, river, or railroad.

Coverage: The percentage of the plot area covered or occupied by buildings or roofed structures or portions thereof. Shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over shall not be included in computing coverage.

Density: The maximum number of dwelling units permitted on one (1) net acre of property.

Developed: Land or water upon which a permitted building, structure, other improvement or use has been constructed or established, excluding solely underground utilities, pipes, wires, cable, culverts, conduits or other similar underground improvements and excluding structure bearing overhead power transmission lines that carry at least five hundred (500) kilovolts of electrical power, provided such lands contain no other buildings or structures.

Dumpster: A watertight container constructed of impervious material and provided with a cover or covers of like material which is intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials. This term shall not include containers having a maximum capacity of forty (40) gallons or less.

Dwelling, Detached: A single dwelling unit physically detached from other buildings, dwelling units or structures.

Dwelling, Group: A building, or part thereof, in which several unrelated persons or families permanently reside, but in which individual cooking facilities are not provided for the persons or families. "Group dwelling" may include a rooming house, fraternity house, sorority house, convent, monastery or private club in which one (1) or more members have a permanent residence. "Group dwelling" shall not be deemed to include a hotel, motel, tourist home, trailer camp.

Dwelling, One-Family: A building with one (1) or more rooms providing complete living facilities for one (1) family, including equipment for cooking or provisions for cooking, and including a room or rooms for living, sleeping and eating, and having all areas within the building accessible from the interior of the building. One-family dwellings shall not include group homes, adult congregate living facilities, rooming or boarding houses, or dormitory, fraternity or sorority buildings or facilities.

Dwelling, Two-Family: A building containing two (2) one-family dwellings within a single building. Two-family dwellings shall not include group homes, adult congregate living facilities, rooming or boarding houses, or dormitory, fraternity or sorority buildings or facilities.

Dwelling Unit: A room or group of rooms not less than four hundred (400) square feet in total floor area, which include a kitchen and sanitary facilities designed to provide complete, long-term living accommodations for one (1) family, with no access to adjoining dwelling units.

Dwelling Unit, Adult Congregate Living Facility: One (1) room or connected rooms, with kitchen and bathroom facilities, which have access from a common area and constitute a separate independent housekeeping establishment.

Environmentally Sensitive Lands: Those lands defined as environmentally sensitive in the 1989 Broward County Land Use Plan.

Erected: Built, constructed, reconstructed or moved on or upon any property.

Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, transformer substations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

Established Grade: The average elevation of the streets abutting the plot.

Family: Any number of persons living together as a single housekeeping unit, whether legally related to each other or not. The persons constituting a family may also include gratuitous guests and domestic servants, but shall not include paying guests.

Family Day Care Home: An occupied residence in which child day care is regularly provided for no more than five (5) preschool children from more than one (1) unrelated family and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five (5) preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10).

First Floor Level: The lowest habitable floor area of a building. This definition shall not include parking garages or floor areas devoted exclusively to mechanical equipment used to energize, heat, cool, or otherwise service the building in which it is located. (Defined in Sec. 47-2.2)

Foster Care Home: A home licensed by the Florida Department of Health and Rehabilitative Services (HRS) or other government agency which provides residential services and supervision for no more than eight (8) individuals who are unrelated to the resident houseparent. Foster care homes with three (3) or less children age two (2) or under shall be excluded from the ordinance.

Frontage of a Building: Shall mean the side or wall of a building approximately parallel and nearest to a street.

Frontage of Property: Shall mean the plot line, which abuts a street or separates the plot from a street.

Garage, Private: An accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.

Grouped Buildings: Two (2) or more buildings for dwelling purposes erected or placed on the same plot.

Habitable Room Area: The total floor area of a dwelling unit excluding closets, bathrooms, garages, utility rooms, storage areas, and rooms not accessible from the interior of the dwelling unit.

Height of Building: The height of buildings and structures shall be measured from grade to the uppermost part of the roof or structure. Church spires and steeples, chimneys, parapet walls, machine rooms, elevator towers and the like necessary to the design and function of a building but not designed for human occupancy, shall not be included in the measurement of overall height of a building. The height shall be the roof peak for structures with pitched roofs and the top of finished roof for structures with flat roofs. Parapet walls may extend not more than forty-two (42) inches above the allowable height of a building.

Home Office: An office designed for and operated as a business location in a dwelling unit, and carried on by persons residing in the dwelling unit involving only written correspondence, phones, computers, or other common office equipment, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Home offices shall preclude any business operation, which requires or permits customers or patrons to visit the dwelling. Home offices shall be permitted in all residential zoning districts subject to the following limitations:

(1)

Not more than ten (10) percent of any dwelling unit may be used for a home office.

(2)

No merchandise or equipment related to the home office shall be stored at, delivered to or dispensed from the dwelling unit, or from any accessory building or structure on the property, except office equipment or supplies required for daily office operations.

(3)

Commercial vehicles associated with the home office in all residential districts shall be subject to Section 47-39.A.1.b.(7) General Provisions.

(4)

No sign or any other evidence of the existence of the home office shall be visible from the exterior of the dwelling unit.

(5)

A certificate of use shall be obtained for any home office. In addition to the requirements of Section 47-19.7, certificates of use for home offices shall comply with the following:

a.

A floor plan of the dwelling unit, drawn to scale, shall be submitted with an application for a certificate of use for a home office, designating the room or rooms to be occupied by the home business.

b.

Any certificate of use issued for a home.

Household Pet: An animal kept for pleasure, rather than for utility, by a family, within the family's dwelling unit or on the same plot as the family's dwelling unit. The term shall include one (1) non-breeding Vietnamese pot-bellied pig on a plot of land, which is at least thirty-five thousand (35,000) square feet.

Impervious: Any non-organic material, which prohibits penetration by liquids or other soluble materials.

Lot: A parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the Broward County Circuit Court Clerk's office.

Nonprofit Neighborhood Social and Recreational Facility: A building or plot of land devoted entirely to providing social activities and services only for the residents, and their guests, of the subdivision or neighborhood where the building or plot is located.

Occupied: The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Opaque: Any nontranslucent, nontransparent, nonliving material, which provides a visual barrier from one (1) side to the other.

Off-street Parking: The temporary, transient storage of operable private passenger vehicles used for personal transportation, while their operators are engaged in other activities, in an area designated for such purposes, not on a street or other thoroughfare. It shall not include storage of new or used cars for sale, service, rental or any other purpose than specified above.

Off-site Parking Lots: Location, Character and Size, for off-street parking facilities, a plot within five hundred (500) feet of a nonresidentially used plot may be used to supply twenty-five (25) percent of the required off-street parking for the nonresidentially used plot. Such off-site facilities shall be permitted in all zoning districts except open space and conservation districts subject to the following conditions:

(1)

Except as provided herein this definition, the minimum plot size for off-site parking lots shall be ten thousand (10,000) square feet of net area with a minimum street frontage of one hundred (100) feet on a public right-of-way at least sixty (60) feet in width which is designated as a collector or arterial road on the Broward County Trafficways Plan.

(2)

Except as provided in subparagraph (8) of this definition, access to the parking lot shall only be from the designated collector or arterial road.

(3)

A landscape buffer at least ten (10) feet in depth shall be provided on all sides of the plot in accordance with Article VIII, Functional Landscaping and Xeriscaping.

(4)

A decorative, translucent visual barrier shall be provided at least two and one-half (2½) feet inside the perimeter of the required landscape buffer on any side which is contiguous to a residential district. The minimum height of such visual barrier shall be four (4) feet and the maximum height shall be eight (8) feet measured from the established grade. The visual barrier shall be in one (1) of the following forms:

a.

A translucent fence or wall; or

b.

Landscape material dense enough to provide only translucent visibility.

(5)

The off-site parking facility must comply with all requirements of Article XII, Off-Street Parking and Loading.

(6)

No signs shall be permitted except entrance or exit signs or signs identifying the purpose of the off-site parking lot. Such signs shall be no larger than six (6) square feet and not higher than four (4) feet above the ground unless affixed flush on the required visual barrier. No exterior illumination of such signs shall be permitted.

(7)

Off-site parking lots shall be used only for the temporary parking of operable, currently licensed private passenger vehicles of patrons of the nonresidentially used property which the parking lot serves.

(8)

Where a residentially zoned plot used for off-site parking is contiguous to or separated from the nonresidentially used property it serves by a dedicated alley, such plot may be used for all or any portion of required parking for the nonresidentially used plot it serves. The provisions of paragraphs (1) and (2) of this definition shall not be applicable, provided the off-site parking is accessed only from the dedicated alley or from the nonresidential plot it serves.

Open Area: A portion of the total site, lot or parcel not including the area covered by buildings and structures.

Outdoor Event: A carnival, circus, concert or festival shall be classified as an outdoor event if it has mechanical rides or amplified music or sounds. Commercial promotions, shows, sales and other similar types of events providing entertainment and/or food service shall also be classified as outdoor events. Advertised religious events held outdoors involving mechanical rides, amplified music or sounds or food service shall also be classified as outdoor events. Permits for certain outdoor events may be issued subject to compliance with this section. The following outdoor events may be permitted in the zoning districts designated:

(1)

Minimum site requirements. All outdoor events shall require a minimum of one (1) net acre of open space with not less than two hundred (200) feet of street frontage on a public street having a right-of-way width of at least seventy (70) feet.

(2)

Setbacks. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from any residentially zoned plot, nor closer than one hundred (100) feet from a public or private street line, and not less than three hundred (300) feet from any privately owned property in agricultural, estate, and rural districts.

(3)

Access. Vehicular access onto any plot used for an outdoor event shall be from a public street which provides the minimum required street frontage specified above. No vehicular traffic shall be allowed ingress to or from the plot through any other residential street.

(4)

Parking. Off-street parking shall comply with requirements of Section 47-39.A.14 insofar as the amount of spaces required, minimum parking space size, and minimum aisle widths. All parking spaces may be on an unpaved surface. Temporary barriers, guides, signs, and other temporary markings shall be erected and placed around and within the parking area to facilitate safe and efficient vehicular traffic flow on site.

(5)

Lighting. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties and away from any street or other vehicular use area.

(6)

Temporary structures, exhibits, and mechanical riding devices. Temporary structures, exhibits, and mechanical riding devices shall be permitted in conjunction with outdoor events subject to permit and inspection requirements of all applicable county and state agencies. No temporary structure shall be used for living quarters. All such structures, exhibits, and mechanical riding devices shall be removed from the premises within seven (7) days after the conclusion of the event.

(7)

Signs. One (1) temporary sign advertising the event may be erected on the plot where the event will be held not more than fourteen (14) days prior to the event. Such signs shall be no larger than twenty-four (24) square feet in sign area and no higher than ten (10) feet above the ground. The sign shall be set back at least ten (10) feet from the front plot line and shall not be located within twenty-five (25) feet of the intersection of any two (2) public or private streets. The sign shall be removed by the permit holder at the conclusion of the outdoor event.

Panel Antenna: An array of antennas designed to concentrate a radio signal in a particular area.

Place of Worship: A building, or part thereof, designed and arranged for religious services, on land held in fee simple ownership or on a long-term lease, a minimum of five (5) years duration, by a chartered religious organization, which utilizes the building for regular, continuing religious services.

Plot: Land occupied or to be occupied by a building or use, and their accessory buildings and accessory uses, together with such yards and open spaces as are required by this code. A plot may consist of one (1), or more, or portions of a platted lot and/or unplatted land.

Plot, Corner: A corner plot is a plot of which at least two (2) adjacent sides abut for their full length upon a street, provided that such two (2) sides intersect at an interior angle of not more than one hundred thirty-five (135) degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than one hundred thirty-five (135) degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.

Plot Coverage: The combined area occupied by all buildings and roofed structures.

Plot Depth: The mean horizontal distance between the front and rear plot lines.

Plot, Interior: A plot other than a corner plot.

Plot, Through: A plot abutting on two (2) streets, not at their intersection, if any, which may be either a corner or interior plot.

Plot Width: The horizontal distance between the side plot lines at the depth of the required front yard.

Plot Line, Front: The line dividing a plot from a street or base building line, whichever will result in a lesser depth of plot. On a corner plot the shorter of the two (2) front lines as above defined shall be considered to be the front plot line for the purposes of determining required plot width and required front yard depth. On a corner plot where both front plot lines as above defined are equal or within five (5) feet of the same length, both such lines shall be considered to be front plot lines for the purposes of determining required street yard depth. On through lots, both front plot lines as above defined shall be considered to be front plot lines for the purpose of determining required yards.

Plot Line, Rear: The plot line opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot wherein the two (2) side plot lines converge in the rear, the rear plot line shall be considered to be a line ten (10) feet in length within the plot parallel to and at the maximum distance from the front plot line.

Plot Line, Side: Any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a side street plot line. A side plot line separating a plot from another plot or plots is called an interior or side plot line.

Plot Line, Street or Alley: A plot line separating the plot from a street or alley.

Porch: A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Principal building: A building that is occupied by, devoted to, a principal use on the development site and shall include any addition or alteration to an existing principal building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.

Principal structure: A structure, the use of which is the primary use of the land. A principal structure may consist of a building or an unmanned or uninhabited structure such as a communication tower, utility substation, parking facility or other similar construction. There may be more than one (1) principal structure on a parcel.

Private Property: All lands and water areas owned by other than a municipality, county, state or federal government or any of its subdivisions.

Recreational Vehicle: shall mean one (1) of the following:

(1)

Camping trailer: A vehicular, portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle, and unfolded at the site to provide temporary living quarters for recreational, camping or travel use.

(2)

Truck camper: A truck equipped with a portable unit, designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping or travel use.

(3)

Motor home: A vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

(4)

Park trailer: A transportable unit in a travel trailer park which has a body width not exceeding twelve (12) feet and is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimensions and including any bay window that extends to the floor line, does not exceed five hundred (500) square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest the drawbar and coupling mechanism) to the exterior of the rear body (at the opposite end of the body), including any protrusions.

(5)

Off-road vehicle: A motorized vehicle designed and intended solely for recreational activities and not as a means of transportation on public streets.

(6)

Travel trailer, including fifth-wheel travel trailer: A vehicular, portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than eight and one-half (8.5) feet and an overall body length of no more than forty (40) feet when factory-equipped for the road.

Residentially Zoned District: Includes the following zoning districts: RS-3.52, RS-6.86, RS-6.70 and RD-12.22.

Roof Line: The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Room: An unsubdivided portion of the interior of a building, having a floor area of eighty (80) square feet or more, intended or adapted for living, sleeping, working or storage purposes.

Side Yard, Street: A yard extending between a front and rear yard which directly abuts a street.

Street: A public thoroughfare or any other vehicular accessway recorded in the public records of Broward County, Florida, for the sole purpose of providing access to and from abutting properties, and which is at least fifty (50) feet in total width.

Street Line: Shall mean the right-of-way line of a street or the base building line, whichever will provide for a greater width of street.

Structural Alteration: Any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure: Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.

Townhouse: A one-family dwelling constructed as part of a series or group of attached dwellings consisting of three (3) to eight (8) units per building with a common party wall or fire separation wall connecting each dwelling unit and with a property line running through the center of the common party wall or fire separation wall. Dwellings attached only by an open breezeway; or other unroofed wall or fence are not included in this definition. Section 47-18.33 does not apply to townhouse developments located in Section 47-39.A, Areas.

Trailer: A manufactured structure inspected, approved and licensed by the State of Florida Department of Motor Vehicles, constructed so as to permit occupancy thereof as sleeping or living quarters, or use for storage or conveyance for tools, equipment or machinery on a construction site, and so designed that it is or may be mounted on wheels and conveyed on highways and streets, propelled or drawn by other motive power from one (1) location to another.

Translucent: Any material, which allows the passage of light, but does not permit a clear view of any object or person.

Use: The purpose of which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained.

Use (v.): "Use" or "used" shall mean the establishment of a new use, or any expansion or change of an existing use, of a building, structure or part thereof, or of any land or water area.

Use of Land: Includes use of water surfaces and land under water to be the extent covered by zoning districts, and over which the City of Fort Lauderdale has jurisdiction.

Vessel: Shall mean every kind, type and description of boat, ship, watercraft or airboat, used or capable of being used as a means of transportation on water, other than seaplanes.

Waterway: A stream, canal or body of water, dedicated to public use, publicly owned, or used and available for public travel by boats, not including privately owned bodies of water or drainage ditches.

Yard, Required: Shall mean the minimum yard required by the zoning resolution. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Yard, Side: A yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building or use on the plot. The width of a side yard shall be the shortest distance between the side plot line and the nearest use or building on the plot.

Yard Sale: The sale of a residential occupant's personal or household belongings to the public from the occupant's residence, either inside or outside of the building. On any plot used for residential purposes two (2) yard sales may be held in a calendar year by the residents of the plot to sell their personal belongings to the public. Each yard sale may be for a maximum of three (3) consecutive days. Signs may not exceed two (2) square feet in size and shall be exempt from permit requirements. The signs may not be displayed more than one (1) day prior to the yard sale. Signs must be removed at the end of the yard sale.

(Ord. No. C-09-27, § 1, 10-20-09; Ord. No. C-25-15, § 1, 4-15-25)

The provisions of these districts are intended to provide a variety of residences and complimentary uses which conform to the density requirements, policies, and objectives of the City of Fort Lauderdale Land Use Plan.

(Ord. No. C-09-27, § 1, 10-20-09)

The following shall constitute residential zoning districts for the purposes of this Section:

(Ord. No. C-09-27, § 1, 10-20-09)

No residentially-zoned property shall be developed to a net density exceeding the following maximum limits:

Density Limits:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Table of Dimensional Requirements for RS-3.52, RS-6.70, RS-6.85A, RS-6.85B districts.

Note A: Every individual plot shall have at least one (1) side, which has a minimum dimension of sixty (60) feet. The plot line, which provides access to the plot must be a minimum of nineteen (19) feet.

Note B: The minimum plot size for all permitted nonresidential uses shall be one (1) net acre, with a minimum street frontage of one hundred fifty (150) feet, except that existing nonresidential buildings on plots which are less than one (1) net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion. Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note C: Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

B.

Table of Dimensional Requirements for RD-12.22 district.

Note A: Every individual plot shall have at least one (1) side, which has a minimum dimension of sixty (60) feet. The plot line, which provides access to the plot must be a minimum of nineteen (19) feet.

Note B: The minimum plot size for all permitted nonresidential uses shall be one (1) net acre, with a minimum street frontage of one hundred fifty (150) feet, except that existing nonresidential buildings on plots which are less than one (1) net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion. Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note C: Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

C.

Table of Dimensional Requirements for RD-12.67 District.

Note A: Every individual plot shall have at least one (1) side, which has a minimum dimension of sixty (60) feet. The plot line, which provides access to the plot must be a minimum of nineteen (19) feet.

Note B: The minimum plot size for all permitted nonresidential uses shall be one (1) net acre, with a minimum street frontage of one hundred fifty (150) feet, except that existing nonresidential buildings on plots which are less than one (1) net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion.

Note C: Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note D: Every individual plot used for multiple-family dwellings consisting of three (3) or more dwelling units shall maintain a setback along all street sides of at least twenty-five (25) feet.

Note E: All individual plots used for multiple-family dwellings consisting of three (3) or more dwelling units, or nonresidential uses shall maintain a side yard on each side of the plot not contiguous to a public or private street of at least twenty (20) feet.

D.

Table of Dimensional Requirements for RM-16 District.

Note A: Every individual plot shall have at least one (1) side, which has a minimum dimension of sixty (60) feet. The plot line, which provides access to the plot must be a minimum of nineteen (19) feet.

Note B: The minimum plot size for all permitted nonresidential uses shall be one (1) net acre, with a minimum street frontage of one hundred fifty (150) feet, except that existing nonresidential buildings on plots which are less than one (1) net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion. Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note C: Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note D: Every individual plot used for multiple-family dwellings consisting of three (3) or more dwelling units shall maintain a setback along all street sides of at least twenty-five (25) feet.

Note E: All individual plots used for multiple-family dwellings consisting of three (3) or more dwelling units, or nonresidential uses shall maintain a side yard on each side of the plot not contiguous to a public or private street of at least twenty (20) feet.

E.

Table of Dimensional Requirements for RM-33.5.

Note A: Every individual plot shall have at least one (1) side, which has a minimum dimension of sixty (60) feet. The plot line, which provides access to the plot must be a minimum of nineteen (19) feet.

Note B: The minimum plot size for all permitted nonresidential uses shall be one (1) net acre, with a minimum street frontage of one hundred fifty (150) feet, except that existing nonresidential buildings on plots which are less than one (1) net acre may be expanded provided the expansion meets all requirements for setbacks, off-street parking, landscaping, and all other development standards in effect at the time of site plan submittal for the expansion.

Note C: Every individual plot used for nonresidential uses shall maintain a setback along any street side of at least thirty (30) feet in all residential zoning districts.

Note D: Every individual plot used for multiple-family dwellings consisting of three (3) or more dwelling units shall maintain a setback along all street sides of at least twenty-five (25) feet.

Note E: All individual plots used for multiple-family dwellings consisting of three (3) or more dwelling units, or nonresidential uses shall maintain a side yard on each side of the plot not contiguous to a public or private street of at least twenty (20) feet.

F.

Specific Use Requirements:

(1)

Common Open Space. For each net acre of property reflected in a subdivision plat or site plan for construction of one-family, two-family or townhouse dwellings in RS-3.52, RS-6.70, RS-6.85A and RS-6.85B and RM-12.67 to RM-33.5 submitted for plat review after the effective date of this article, common open space for active or passive recreation areas or water retention areas shall be reserved and supplied as follows:

(a)

For each net acre of property reflected in a subdivision plat or site plan, a minimum of thirteen thousand five hundred sixty (13,560) square feet of plot area;

(b)

For plots containing less than one (1) net acre, a minimum of twenty (20) percent of the plot area;

(c)

For lots platted prior to the effective date of this article or recorded in the public records as an individual plot, no common open space shall be required, provided the lots are not further subdivided.

(d)

A reduction in the size of such reserved areas shall be permitted for one-family, two-family or townhouse dwelling developments if one (1) or more individual plots are increased above minimum plot area at a ratio of one (1) square foot increase in residential plot area to one (1) square foot decrease in common open space area.

(e)

Such areas must be specifically delineated on the recorded subdivision plat or approved site plan and shall be conveyed by any of the following procedures:

1.

The acceptance of a deed to such land by the City of Fort Lauderdale.

2.

The sale, lease or other disposition of such property to a nonprofit corporation, such as a homeowners association, chartered under the laws of Florida, to administer and maintain the facilities and land or water areas.

3.

The inclusion of a portion of said property in the deeded lots or descriptions of individual purchasers subject to an acceptable deed restriction limiting that portion to the use outlined in the approved site plan and recorded in the public records. Access rights for all residents within the development shall be guaranteed.

(2)

Townhouses. Side yards shall not be required on any common party wall plot line.

(3)

Zero lot line developments:

a.

On any two (2) or more plots which meet the minimum area stated in this article, one-family detached dwellings and accessory buildings may be located on a side plot line, provided the sum of both required side yards exists on the opposite side plot line.

b.

No openings of any kind shall be permitted on the side of any building directly abutting and running parallel to the zero yard side of the plot. No encroachments of any kind, including roof overhangs, shall be permitted on any adjoining property.

c.

Zero lot line development shall require submission, approval and recordation of a subdivision plat indicating the area and dimension of each lot and specifically indicating that a minimum five (5) feet wide maintenance easement, in favor of the adjoining property owner, shall be provided on each lot adjacent to the zero lot line side of each lot. The subservient property owner shall not place any landscaping or other obstruction in the maintenance easement which would interfere with reasonable access to the easement for maintenance purposes. Such subdivision plats shall also meet all applicable requirements of the ULDR.

d.

At no time shall a zero lot line development be approved which would allow a residential structure to be placed on a plot line that directly abuts land held in separate ownership, which is not developed or intended to be developed utilizing the zero lot line concept.

(Ord. No. C-09-27, § 1, 10-20-09; Ord. No. C-25-15, § 2, 4-15-25)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Permitted Uses. Buildings, structures, land or water in residential zoning districts may only be used for one (1) or more of the uses as designated in the following table:

*Not permitted in RM-12.67

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Purpose and intent. The general purposes of this section are as follows:

(a)

To promote the establishment of a functional landscape on property located in Section 47-39.A;

(b)

To protect and enhance the aesthetic character of property located in Section 47-39.A;

(c)

To provide the physical benefits of using plant material as a function and integral part of property located in Section 47-39.A;

(d)

To provide minimum standards for landscaping new developments or for redevelopment; and

(e)

To promote water conservation and vegetation protection objectives by providing for:

(1)

The preservation of existing plant communities pursuant to the requirements of Section 47-21.12, Tree Preservation;

(2)

The reestablishment of native plant communities;

(3)

The use of site-specific plant materials; and

(4)

The implementation of xeriscape principles as identified in South Florida Water Management District's Xeriscape Plant Guide II, as amended, and as provided by law.

The provisions of this Section 47-39.A.13. shall be a minimum standard and shall apply to property located in Section 47-39.A.

B.

Definitions. In addition to the definitions set forth in Section 47-39.A.2, the following definitions shall apply to this section:

(a)

Accessway: A private vehicular roadway intersecting a public right-of-way.

(b)

Applicant: The owner or the authorized agent of the subject property.

(c)

Berm: A linear earthen mound.

(d)

CPTED: Acronym for Crime Prevention Through Environmental Design; design approach to reduce crime and fear of crime by creating a safe climate within a building environment.

(e)

Canopy: The upper portion of a tree consisting of limbs, branches and leaves.

(f)

Clear Trunk: The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.

(g)

Clear Wood ("Gray Wood"): The portion of the palm trunk which is mature hardwood measured from the top of the root ball to the base of green terminal growth or fronds.

(h)

County: The department or division of Broward County government that the County Administrator has designated to enforce this functional landscape code.

(i)

Diameter Breast Height (DBH): The diameter of the tree trunk(s) measured at four and one-half (4½) feet above grade.

(j)

Disturbed Land/Ground: Any land where the original natural vegetation has been removed, displaced, overtaken or raked.

(k)

Ecological Community: Any one (1) of the native vegetative plant communities as same may be determined by the Department.

(l)

Functional Landscaping: The combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.

(m)

Groundcover: A low-growing plant that, by the nature of its growth characteristics, completely covers the ground and does not usually exceed two (2) feet in height.

(n)

Hedge: A row of evenly spaced shrubs planted to form a continuous, unbroken visual screen.

(o)

Irrigation: The method of supplying plant materials with water other than by natural rainfall.

(p)

Landscape/Landscaping:

(1)

When used as a noun, this term shall mean living plant materials such as grasses, groundcover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences, aesthetic grading or mounding, but excluding paving and structures.

(2)

When used as a verb, this term shall mean the process of installing or planting materials commonly used in landscaping or environmental design.

(q)

Mulch: Organic material such as wood chips, pinestraw or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil.

(r)

Native Plant Species: For the purpose of this Article, native plant species shall be those plant species indigenous to the ecological communities of South Florida, as indicated on lists provided by Broward County, or that can be scientifically documented to be native to South Florida.

(s)

Nonvehicular Use Open Space: All areas, excluding areas defined as vehicular use areas, areas preserved as ecological communities, required landscaping adjacent to public rights-of-way and abutting property, existing structures to remain, and proposed structures. This definition includes areas permanently covered with water.

(t)

Planting Soil: A medium composed of thirty (30) percent muck or horticulturally acceptable organic material, including solid waste compost.

(u)

Shrub: A woody plant with several stems produced from the base which could be maintained in a healthy state at approximately a ten- to twelve-foot height.

(v)

Site-Specific Plant Materials: The use of plant species selected to minimize supplemental irrigation, fertilization and pest control.

(w)

Tree: A self-supporting, woody perennial plant, usually with one (1) vertical stem or main trunk, which naturally develops a distinct, elevated crown and provides, at maturity, natural characteristics of the species.

(x)

Turf: The upper layer of soil matted with roots of grass and covered by viable grass blades.

(y)

Vegetation: Angiosperms, gymnosperms, ferns and mosses.

(z)

Vehicular Encroachment: Any protrusion of a motor vehicle outside of the boundaries of a vehicular use area into a landscape area.

(aa)

Vehicular Use Area: Areas used for the display or parking of any type of vehicle, boat or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.

(bb)

Vine: Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself on a support.

(cc)

Xeriscape: A landscaping method that maximizes the conservation of water by use of site-appropriate plants and an efficient watering system.

C.

Landscape plans.

(1)

All buildings, structures and changes of use requiring a Development Permit in accordance with Section 47-24 shall require submittal of a landscape plan. Landscape plans shall be prepared by a landscape architect, or other person authorized pursuant to F.S. Ch. 481, pt. II, (F.S. § 481.201, et seq.), as amended. Landscape plans for single-family and duplex dwellings may be prepared by the owner of the property. The landscape plan shall meet the following requirements:

(a)

A minimum scale of one (1) inch equals fifty (50) feet.

(b)

Location of all trees, vegetation, or ecological communities to be preserved, or tree survey as approved by the Department, if applicable.

(c)

Location and outline of existing buildings and site improvements to remain.

(d)

Location and outline of proposed buildings, site improvements, and water bodies.

(e)

Location of all landscape material to be used.

(f)

Landscape material schedule listing all plants being used with their botanical and common name, their quantity and size, and degree of drought tolerance (as determined by the South Florida Water Management District Xeriscape Plant Guide II, as amended) and indication of whether native to South Florida.

(g)

Spacing of plant material (where appropriate).

(2)

The irrigation plan shall meet the following requirements:

(a)

A minimum scale of one (1) inch equals fifty (50) feet.

(b)

Location of existing trees, vegetation and ecological communities to remain, if applicable.

(c)

Location of existing buildings, paving, and site improvements to remain.

(d)

Location of proposed buildings, paving, site improvements, and water bodies.

(e)

Main location, size and specifications.

(f)

Valve location, size and specifications.

(g)

Pump location, size and specifications or water source.

(h)

Backflow prevention device type and specifications.

(i)

Controller locations and specifications.

(j)

Zone layout plan (minimum scale one (1) inch equals twenty (20) feet):

1.

Indicating headtype, specifications and spacing; and

2.

Indicating methods used to achieve compliance with xeriscape principles as required by F.S. § 125.568.

D.

Installation of landscaping and irrigation.

(1)

All landscaping and irrigation shall be installed according to accepted planting procedures with the quality of plant materials as hereinafter described.

(a)

Topsoil shall be of the minimum quality as specified in the plant materials section of this Article. Excluding palm trees, all trees and shrubs shall be planted with a minimum of six (6) inches of topsoil around and beneath the root ball. A minimum of three (3) inches of shredded, approved organic mulch or groundcover shall be installed around each tree planting for a minimum of eighteen (18) inches beyond its trunk in all directions, including palms, and throughout all hedge and shrub planting. The use of mulch obtained from Melaleuca, Eucalyptus, or other invasive plant species is encouraged in order to reduce their impact on the environment and to preserve the remaining native plant communities.

(b)

All trees shall be properly guyed and staked at the time of planting until establishment. The use of nails, wire or rope, or any other method, which damages the trees or palm, is prohibited. All plants shall be installed so that the top of the root ball remains even with the soil grade.

(c)

All parking islands and landscape strips shall be installed with continuous curbing or landscape timbers to prevent damage to the plant material and the displacement of topsoil and mulch.

(d)

All landscape areas, excluding single-family residences and duplex dwellings, shall be provided with an automatically operating, underground irrigation system designed to have one hundred (100) percent coverage with one hundred (100) percent overlap. Drip, trickle or other low-volume irrigations systems shall be permitted if designated on approved landscape plans. Irrigation systems shall be designed to minimize application of water to impervious areas.

(1)

Pursuant to F.S. § 373.62, any irrigation system installed after May 1, 1991, shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

(2)

Use of nonpotable water, including, but not limited to, water from a canal, lake or a treated water source, in the irrigation of landscaped areas is required when determined to be available and safe.

(3)

Automatic controlling devices shall be used on all irrigation systems.

(4)

Preserved ecological communities shall not be irrigated unless required by the Broward County Environmental Protection Department.

(5)

On non-conforming lots under five thousand (5,000) square feet in size requiring landscape upgrades, irrigation may be accomplished by the installation and use of hose bibs.

(e)

Inspections of site for landscape installation:

(1)

A pre-inspection of the site will be required to determine site conditions and appropriate use and selection of landscape material prior to installation.

(2)

A final landscape inspection will be required upon completion.

E.

Maintenance of landscaped areas.

(1)

An owner of land subject to this Article shall be responsible for the maintenance of said land and landscaping so as to present a healthy, vigorous and neat appearance free from refuse and debris. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy condition.

(2)

Three (3) inches of clean, weed-free, organic mulch shall be maintained over all areas originally mulched at all times. Turfgrass shall be mowed regularly.

(3)

Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system.

(4)

Preserved and created ecological communities shall be maintained in a natural state without the use of mechanical equipment.

(5)

An owner is responsible to ensure that landscaping that has been required to be planted pursuant to this Article, or installed in compliance with the landscape requirements previously in effect, be maintained in Florida Grade One condition, including, but not limited, to single-family residences, multifamily, commercial or industrial sites. If landscaping is found to be in a state of decline, dead or missing, it must be replaced with equivalent landscape material. If total replacement is required, species conforming to this Article shall be used. If any preserved vegetation dies, which is being used to satisfy current landscape code requirements, such vegetation shall be replaced with the same landscape material selected from nursery-grown native stock only.

F.

Plant material.

(1)

Quality: Plant materials used in accordance with this Section shall conform to the standards for Florida Grade One, or better, as provided for in the most current edition of Grades and Standards for Nursery Plants, 2nd edition, Feb. 1998, State of Florida Department of Agriculture and Consumer Services, as amended. Sod shall be clean and visibly free of weeds, noxious pests and diseases. Grass seed shall be delivered to the job site in sealed bags with Florida Department of Agriculture tags attached.

(2)

Native Vegetation: The following percentage of all vegetation, excluding all turfgrass, required to be planted by this code shall be indigenous to South Florida. In order to facilitate growers who may need to reassess field stock, the following dates are established to institute minimum percentages:

(a)

Forty (40) percent as of June 1, 1999;

(b)

Fifty (50) percent as of January 1, 2001.

(3)

Preserved/Created Ecological Communities: Ecological communities shall be preserved or created as required by this section. Sites which consist of five acres or more, where there is no viable ecological community, the applicant shall show on the landscape plan an area or areas equivalent to two and one-half (2½) percent of the site to be planted and preserved as an ecological community, pursuant to the conservation goals, objectives and policies of the City of Fort Lauderdale Comprehensive Plan. Sites, which consist of two (2) to five (5) acres may incorporate an ecological community into the landscape buffer or interior landscaping requirements. For sites of five (5) acres or more, this shall constitute an additional requirement.

(4)

Trees:

(a)

Trees shall be of a species having an average mature crown of greater than twenty (20) feet and having trunk(s) which can be maintained with over six (6) feet of clear wood. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty (20)-foot crown spread. Such a grouping shall count as one (1) tree towards meeting tree requirements for any provision herein. If palms are used, they shall constitute no more than twenty (20) percent of the total tree requirements for any provision herein, and shall have a minimum of six (6) feet of clear wood. On projects requiring more than ten (10) trees, a minimum of two (2) species shall be used.

(b)

Non-conforming sites with lots under three thousand (3,000) square feet or with less than five (5) feet of nonvehicular planting space for required buffers may use canopy trees with a twelve (12) to fifteen (15) foot maturity, with canopy equivalent at such height.

(c)

Trees used in the required landscaping adjacent to a public street are subject to approval by Broward County so that the character of the public street can be maintained.

(d)

The following plant species shall not be planted as required or optional landscaping and, in addition, these species shall be removed from the construction sites:

(e)

The following species shall not be used as required landscaping, and shall not, in the aggregate, constitute more than ten (10) percent of the total number of trees to be installed.

1.

Brittle Species List.

2.

Species with invasive root systems list: The following, and other species whose roots are known to cause damage to pavement or utilities, shall not be planted closer than twenty-five (25) feet to a public right-of-way, public easement or public improvement, or any structure:

(f)

The Department shall maintain a list of plant material known to be invasive of South Florida's native ecological communities or disturbed areas, which shall not be used to meet any requirements of this Article.

(g)

Tree species shall be a minimum overall height of ten (10) to twelve (12) feet, Florida Grade One material, with a minimum trunk diameter at breast height (DBH) of two and one-half (2½) inches and a minimum of four and one-half (4½) feet of clear trunk immediately after installation. Minimum canopy spread shall be characteristic of the species at such height and DBH requirements. Credit for existing trees preserved on a site shall be granted toward meeting the tree requirements of any landscaping provisions of this Article. No credit shall be granted for preserved trees, which are in extremely poor condition or declining health.

(h)

No more than thirty (30) percent of required trees shall be of the same species.

(5)

Shrubs and Hedges.

(a)

Shrubs shall be a minimum of two (2) feet, full to base, and planted two (2) feet on center when measured immediately after planting. When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two (2) feet in height above the vehicular open space pavement surface that directly abuts the shrubs at time of planting.

(b)

Required buffer hedges shall be planted and maintained so as to form a continuous, unbroken solid, visual screen, with a maximum height of three (3) feet, to be attained within one (1) year after planting.

(c)

Ficus spp., when planted as a hedge, may be used to meet the requirements of dumpster enclosure, mechanical equipment and electrical transformer screening only.

(6)

Vines. Vines shall be a minimum of thirty (30) inches in supported height immediately after planting, and may be used in conjunction with fences, visual screens or walls, planted at ten (10)-foot intervals, to meet landscape buffer requirements as specified.

(7)

Groundcover. Groundcovers shall be planted with a minimum of fifty (50) percent coverage with one hundred (100) percent coverage occurring within six (6) months of installation.

(8)

Turf.

(a)

All turf areas shall be sodded using species suitable as permanent lawns in Broward County, including St. Augustine, Bahia, and their cultivars. Large turf areas not subject to erosion, such as playfields, may be grassed with methods other than sod using permanent species suitable for Broward County.

(b)

Turf shall not be treated as a fill-in material, but rather as a major planned element of the landscape and shall be placed so that it can be irrigated separately from planting beds.

(c)

Turfgrass areas shall be consolidated and limited to those areas on the site that require pedestrian traffic, provide for recreation use or provide soil erosion control such as on slopes or in swales, or surface water management areas, and where turf is used as a design unifier, or other similar practice use. Turf areas shall be identified on the landscape plan.

(d)

The following percentages shall apply to turf areas:

1.

No more than eighty (80) percent of the required landscape area for single-family and duplex dwellings may be in turfgrass.

2.

No more than sixty (60) percent of the required landscape area for multifamily dwellings may be in turfgrass.

3.

No more than fifty (50) percent of the required landscape area for other development uses may be in turfgrass.

(9)

Xeriscape.

(a)

A minimum of twenty (20) percent of the pervious area on single-family and duplex dwellings must be in xeriscape landscape.

(b)

A minimum of forty (40) percent of the pervious area of multifamily dwellings must be in xeriscape landscape.

(c)

A minimum of fifty (50) percent of the pervious area of all other development uses must be in xeriscape landscape.

(10)

Topsoil. Topsoil shall be clear and reasonably free of construction debris, weeds and rocks. The topsoil for all planting areas shall be composed of a minimum of thirty (30) percent muck or horticulturally acceptable organic material.

G.

Landscape requirements for vehicular use areas.

(1)

Applicability. All vehicular use areas serving nonresidential uses shall conform to the minimum landscaping requirements hereinafter provided, except areas used for parking or other vehicular uses on, under or within buildings and parking areas serving single- or two-family dwellings.

(2)

Required Landscaping Adjacent to Streets and Abutting Properties. On the site of a building or open lot providing a vehicular use area for a nonresidential use where such area will not be entirely screened visually by an intervening building or structure from any abutting street(s) and property lines, including dedicated alleys, landscaping shall be provided between such area and such perimeters as follows:

(a)

Except for Office Park "OP" Districts, a strip of land at least five (5) feet in depth, located between the abutting street(s) and the vehicular use area; and between the abutting property line(s) and vehicular use area shall be landscaped. Office Park "OP" Districts shall require at least ten (10) feet to be landscaped. Such landscaping shall include one (1) tree for each thirty (30) lineal feet or fraction thereof. The first tree shall be set back ten (10) feet from the intersection of the ingress/egress and the street, which setback shall be limited to groundcover only. Such tree shall be between the abutting street and the abutting property lines and vehicular use areas. In addition, a hedge, berm, wall or other durable landscape barrier, to begin after the first ten (10) feet shall be placed along the inside perimeter of such landscape strip and shall be maintained at a maximum height of three (3) feet, if contiguous to a pedestrian walkway, to meet Crime Prevention Through Environmental Design (CPTED) principles. If such durable barrier is of nonliving material, for each ten (10) feet thereof, one (1) shrub or vine shall be planted along the street side of such barrier. The remainder of the required landscape area shall be landscaped with turfgrass, groundcover or other landscape treatment, excluding paving, turfgrass not to exceed the maximum amount allowable in the xeriscape requirements. This buffer may not be counted toward meeting the interior landscape requirements.

(b)

All property other than the required landscaped strip lying between the street and vehicular use areas shall be landscaped with turfgrass or other groundcover; if turfgrass is used, it shall not exceed the xeriscape requirements.

(c)

Necessary accessways from the public street through all such landscaping shall be permitted to service the vehicular use areas, and such accessways may be subtracted from the lineal dimension used to determine the number of trees required.

(3)

Parking Area Interior Landscaping. An area, or a combination of areas, equal to ten (10) percent of the total vehicular use area exclusive of perimeter landscape buffers required under this subsection shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by this section shall be counted as part of the interior landscaping requirements, as long as such landscaping is contiguous to the vehicular use area and fulfills the objective of this subsection. All parking areas shall be so arranged so that if there are ten (10) or more contiguous parking stalls along the same parking aisle, the eleventh space shall be a landscaped peninsula a minimum of five (5) feet in width. Other suitable solutions or innovative designs may be substituted when approved by the Department. In addition, there shall be a minimum of one (1) tree planted for every landscaped area, and in no instance shall there be less than one (1) tree and three (3) shrubs for each two hundred (200) square feet, or fraction thereof, of required interior landscaped areas of the parking stalls in that aisle. In addition, all approved grass parking areas will meet the same requirements as paved parking, and will not be calculated in the pervious space requirements. Landscaped areas, walls, structures and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs located a minimum of two and one-half (2½) feet from any landscaped area.

H.

Sight distance for landscaping adjacent to street intersections and points of access. When the subject property abuts the intersection of two (2) or more streets, all landscaping within the triangular area located within twenty-five (25) feet of the intersection of the front and side street property lines shall provide unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet, with the exception of tree trunks that do not create a traffic hazard. The property owner shall be responsible for maintaining all landscaping within the cross-visibility triangle. Landscaping, except required turf and groundcover, shall not be located closer than five (5) feet from the edge of any roadway and three (3) feet from the edge of any alley or pavement.

I.

Nonvehicular open space.

(1)

All nonvehicular open space on any site shall conform to the following requirements:

(a)

General Landscape Treatment:

(1)

Groundcover, shrubs and other landscape materials shall be installed to cover all nonvehicular open space areas not covered by paving or structures, using the required percentages specified in Section 47-39.A.13.F.(8)(d), above. No substance, which prevents water percolation shall be used in areas not approved for paving or structures. Planting practices shall comply with xeriscape requirements.

(2)

Each structure shall be treated with landscaping to enhance the appearance of the structure and to screen any unattractive or unsightly appearance, with a minimum of twenty (20) percent of the front of the structure being planted with shrubs at a minimum of two (2) feet in height.

(b)

Shrub and Tree Requirements: Shrubs and trees shall be planted in the nonvehicular open spaces to meet the following requirements:

(c)

Screening of Equipment: Dumpsters, mechanical equipment and electrical transformers shall be screened on at least three (3) sides by landscape material that is a minimum of thirty (30) inches in height. Such screening shall not interfere with normal operation of equipment. In addition, bus shelters, which are located within property lines shall be screened with plant material a minimum of two (2) feet in height on three (3) sides, and one (1) canopy tree, ten (10) feet in height.

(d)

Signs: All freestanding sign installations require the installation and establishment of plant material to enhance the structure, at a minimum of one (1) shrub for every two (2) feet of lineal width of the sign structure on each side; and ground cover, a minimum of five (5) feet around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign.

(e)

Minimum Landscape Credits and Adjustments: An owner shall receive credit against the minimum landscape code requirements of this Section for preservation, replacement or relocation of existing trees as set forth under Section 47-21 other than preserved ecological communities, on a one-for-one basis.

J.

Buffers between residential and nonresidential properties. Where any plot zoned or used for nonresidential uses, except industrial uses, is separated by a street, alley, canal or public open space from a residential plot, any such nonresidential plot adjacent to such separator shall be provided with a landscape buffer at least ten (10) feet in depth. Any plot zoned or used for industrial uses shall provide a landscape buffer at least fifteen (15) feet in depth. The landscape buffer shall meet the landscaping requirements for vehicular use areas or general open space, whichever is applicable in total or in part.

K.

Single-family and two-family dwellings landscape requirements.

(1)

All new single-family and duplex dwellings shall conform to the following minimum landscaping requirements:

(a)

Landscape Plans: Detached single-family residences and duplex dwellings may submit landscape plans in the form of a landscape permit application, which includes acceptable plant material choices, to be chosen by the applicant, from a list provided by the Department, stating quantity, size, and quality of plant material, including planting specifications, as required by this Section. Actual landscape drawings are not required for single-family and duplex dwellings.

(b)

General Landscape Treatment: Trees, turfgrass, groundcover, shrubs and other decorative landscape material shall be used to cover all disturbed ground not covered by building and paving; with xeriscape to be a minimum of twenty (20) percent of the open space of the site.

(c)

Shrub and Tree Requirements:

(1)

A minimum of three (3) trees of two (2) different species and ten (10) shrubs shall be planted per lot. For all lots larger than eight thousand (8,000) square feet in area, additional shrubs and trees shall be provided at the rate of one (1) tree and three (3) shrubs per three thousand (3,000) square feet of lot area; however, there shall be no more than ten (10) trees and thirty (30) shrubs required per acre.

(2)

Where possible, a minimum of two (2) trees shall be required in the front of the lot. Shrubs shall be incorporated in a manner on the site so as to be a visual screen for mechanical equipment or other accessories to the residence.

(3)

Trees required in this subsection shall have a minimum overall height of ten (10) feet to twelve (12) feet with a minimum canopy spread characteristic of the species at such height and DBH requirements.

L.

Nonconforming properties.

(a)

Any property developed prior to November 23, 1993, regardless of the use, which was not brought into compliance with at least fifty (50) percent compliance with Broward County Ordinance No. 93-43 within the required five-year period, shall meet at least fifty (50) percent of the requirements of this Section by October 1, 1999. Any property developed prior to November 23, 1993, which was brought into compliance with Broward County Ordinance No. 93-43 shall meet at least fifty (50) percent of this Section by October 1, 2004. In order to encourage compliance with this Section, if a vehicular use area cannot be redesigned and the owner is unable to meet this fifty (50) percent requirement, the owner, after demonstrating the maximum extent to which the vehicular use area can be brought into compliance with this Section, shall be permitted to:

(1)

Reduce the number of required parking spaces by a maximum of twenty (20) percent to accommodate the additional landscaping. Sites with limited pervious area shall install only native plant material to assist in achieving the fifty (50) percent compliance; or

(2)

Permits issued to attain compliance to the landscape code requirements, including parking lot reconfiguration, will be valid for ninety (90) days from date of issuance.

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Off-street parking required.

(1)

Every building, use or structure, except buildings and structures on portions of plots occupied by a farm, shall be provided with off-street parking facilities in accordance with the provisions of this article for the use of occupants, employees, visitors or patrons.

(2)

All existing off-street parking facilities and all off-street parking facilities instituted after the effective date of this article shall be maintained and continued as an accessory use as long as the building with which the off-street parking facilities are associated continues to exist.

(3)

When any building is modernized, altered or repaired, and provided there is no increase in floor area, capacity, density or change of occupancy, no additional parking space shall be required.

(4)

When any building or use, is changed in use or occupancy, or is increased in capacity, floor area or density, the minimum amount of off-street parking spaces required by this article shall be provided for the gross floor area occupied by any new use or occupancy and for any increased floor area or capacity or overall density. Any such change in use or occupancy or increase in floor area, capacity or density shall also comply with requirements of Section 47-39.A.13, Functional Landscaping and Xeriscaping. For the purpose of this section, a change of use or occupancy shall mean a change from one (1) category of off-street parking requirements to another such category under this section.

(5)

Any change of use or occupancy or any increase in floor area, capacity or density which would result in more than a fifty (50) percent increase of parking spaces to the existing off-street parking facilities shall require the entire premises to be brought into full conformance with the requirements of this article, as a condition of the issuance of any site plan approval or permit required for such changes.

(6)

Maintenance: It shall be unlawful for any owner or operator of any building, structure or use affected by this article to discontinue, change or dispense with the required parking facilities, apart from the discontinuance, sale or transfer of such structure or use, without establishing alternative vehicle parking facilities which meet the requirements of this article. It shall be unlawful for any person, firm or corporation to occupy such building, or structure, for any purpose without providing the off-street parking facilities to meet the requirements of and be in compliance with this article. Failure to maintain the required off-street parking facilities in accordance with this article shall constitute grounds for revocation of any certificate of use issued for use of the premises.

(7)

It shall be unlawful to use any part of private or public property for off-street parking or storage of vehicles which is not constructed, designated and maintained in compliance with this article, except that in one-family detached dwelling residential zoning districts the temporary parking of operable, currently licensed private passenger vehicles shall be permitted in the swale area of rights-of-way sixty (60) feet or less in width which are not designated as a collector or arterial by the Broward County Trafficways Plan or non-trafficway collector roads.

B.

Nonconforming uses. In cases of a building occupied by a use which is not permitted as a new use in the district in which such building is located, where repairs, alterations or refurbishing are carried out in accordance with Section 47-3, Nonconforming Uses and Structures, the existing off-street parking facilities shall also be repaired and refurbished and landscaping installed to the maximum extent possible without reducing the amount of existing parking spaces on site by more than twenty (20) percent.

C.

Location, character and size.

(1)

Location: The off-street parking facilities required by this article shall be located on the same plot or parcel of land such facilities are intended to service, except as provided in Section 47-39.A.2, Off-Site Parking Lots. All off-street parking facilities shall be designed, developed and maintained in accordance with all applicable provisions of this article. When the required off-street parking is to be provided upon an additional plot of land, the owner of such additional plot of land and the owner of the land intended to be served by such off-street parking facilities shall enter into an agreement with the City, whereby the land providing the additional parking area shall never be sold or disposed of except in conjunction with the sale of the building or the use which the additional parking area serves, so long as such parking facilities are required; and said agreement shall comply with Section 47-20.18.

(2)

Size: Each parking space and aisle width shall not be less than the parking dimension standards depicted in the Minimum Space Requirements, at Various Parking Angles for Self-Parking Facilities. If a parking aisle requires access for emergency vehicles, garbage trucks or trucks moving to or from a loading area, that parking aisle shall be at least 24 feet wide.

(3)

Access: All required parking spaces shall be directly accessible from a public or private street, alley or recorded ingress and egress easement. All off-street parking areas shall be designed to permit safe maneuvering of vehicles, and each space shall be accessible without driving over or through any other parking space, except for one-family detached dwellings, two-family dwellings and townhouses having a carport or garage as part of the dwelling unit. No parking space shall be designed to permit backout parking onto a street or alley, nor shall parking spaces be located so as to require backing onto or across a sidewalk, pedestrian crosswalk or other area of high pedestrian concentration except for one-family detached and two-family dwellings and townhouses which have an attached carport or garage as part of the townhouse unit. Backout parking shall not be permitted in any case, on any street or highway designated on the Broward County Trafficways Plan or as a non-trafficway collector road.

(4)

Parking space designation: All required off-street parking spaces shall be clearly delineated by four-inch wide, yellow or white, painted striping, except for one-family detached and two-family dwellings and townhouse dwellings which have an attached carport or garage as part of the townhouse unit, and except for nonresidential uses in rural and agricultural districts which shall require bumper guards or wheel stops in lieu of striping. Parking stalls which abut landscaped areas, sidewalks, structures or property lines shall be designed with bumper guards, wheel stops or contiguous curbing. The required bumper guards, wheel stops or curbing shall be located a minimum of two and one-half (2½) feet from any landscaped area, sidewalk or property line.

(5)

Overhead garage doors: No required off-street parking space may be located in front of any overhead garage door or other loading area in a nonresidential building, except self-storage warehouses. Such area may, however, be used to satisfy the requirements of this section, providing sufficient driveway or aisle width according to Table I is provided adjacent to such off-street loading area.

(6)

Composition: Unless otherwise specifically permitted herein the required off-street parking areas, access aisles and driveways shall be constructed of at least a six-inch course of native limerock, surfaced with asphaltic concrete or Portland concrete. Brick or interlocking pavers may be utilized for one-family and two-family dwellings, and townhouses with attached carports or garages as parking and driveway facilities. The permitted paving surface shall be maintained in a smooth and well-graded condition. Off-street parking areas shall be designed to ensure safe and efficient traffic circulation. The parking facilities shall be of sufficient size to allow necessary functions for loading, unloading and parking maneuvers to be carried out on private property, and completely off the street right-of-way.

(7)

Grass parking:

(a)

Twenty-five (25) percent of the required off-street parking facilities may be provided through the use of grass parking for the following specific uses:

(1)

Theaters and convention centers.

(2)

Schools.

(3)

Religious facilities.

(4)

Hospitals.

(b)

Fifty (50) percent of the required off-street parking facilities may be provided through the use of grass parking for the following specified uses:

(1)

Stadiums and sports arenas.

(2)

Racetracks, fairgrounds, circus grounds.

(3)

Outdoor recreation establishments.

(4)

Funeral homes, mortuaries, cemeteries.

(5)

Outdoor flea market or swap meet.

(c)

Required off-street parking facilities for buildings and uses in agricultural, estate and rural zoning districts may be provided through the use of grass parking.

(d)

Grass parking surfaces shall conform to county specifications, which includes at least a six (6) inch course of natural limerock, surfaced with a species of grass acceptable for high-traffic use. All requirements for landscaping vehicular use areas shall be met as well as all required interior landscaping requirements for parking areas. Grass parking areas shall not count toward satisfying any landscaping area required by Section 47-39.A.13.

(8)

Setbacks:

(a)

Nonresidential uses:

1.

Pedestrian walkways shall be at least ten (10) feet from any building wall, which provides less than twenty (20) percent visibility at eye level, from the interior to the exterior of the building, through windows or doors. Pedestrian walkways shall remain free of obstructions, including, but not limited to, tables and chairs, displays of merchandise, and vending machines.

2.

All driveways and parking aisles shall be at least five (5) feet from any main or accessory building or structure.

(b)

Residential uses: All driveways and parking spaces for one-family attached and detached dwellings on separate plots or lots of record shall be set back at least two and one-half (2½) feet from any side property line.

(9)

Drainage: All off-street parking facilities required by this article shall be drained so as not to cause any nuisances on adjacent or public property and shall be in accordance with the requirements of the appropriate enforcing agency.

(10)

Identification of parking lots: All off-street parking areas required by this article shall be provided with identification as to purpose and location in the form of signage visible to vehicular traffic when such parking areas are not clearly evident from a street or alley. Signage shall comply with all requirements of this chapter for location, size and permitting.

D.

Additional and overflow parking. Every building, use or structure, which complies with the off-street parking requirements of this article may provide additional parking spaces. Such parking spaces may be designed as tandem if attendant parking is utilized.

E.

Drive-through facilities.

(1)

Businesses that provide a drive-through service are required to provide drive-through service lanes or stacking spaces for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the plot.

(2)

Each drive-through lane or stacking space shall be separated from other on-site lanes or aisles. Each such drive-through lane or stacking space shall be curbed, striped, marked or otherwise distinctly delineated.

(3)

Drive-through lanes leading to or from gasoline pumps or pump islands shall provide a minimum width of twelve (12) feet for one-way entrance and exit. All drive-through lanes, which lead to two (2) gasoline pump islands shall provide a minimum of twenty-four (24) feet from curb to curb, between pumps or pump islands.

(4)

All drive-in bank facilities shall provide a minimum eight (8) feet wide vehicular service position between each drive-in teller facility.

(5)

A separate and distinct escape lane shall be provided, unless the drive-through lane and stacking spaces adjoin and are parallel to a parking aisle at least twenty-four (24) feet in width. A public street or alley shall not be counted as an escape lane.

(6)

Drive-through lanes or stacking spaces shall not conflict or otherwise hamper access to or from any parking space.

(7)

Pedestrian walkways shall be clearly separated from drive-through lanes or stacking spaces.

(8)

Except for drive-in teller facilities at banks and gasoline pump island drive-through lanes as specified above, any other drive-through lane or stacking space is hereby defined as being nine (9) feet wide by twenty-two (22) feet in length.

(9)

Inbound drive-through lanes or stacking spaces shall be counted from the first stopping point. Outbound drive-through lanes or stacking spaces shall be counted from the last stopping point.

(10)

The required amount of stacking spaces shall be as described in this Section. Any business not listed in this Section shall have the same requirements as the most similar use described therein as determined by the zoning director.

F.

Plans. Development permits as required by Section 47-24.2, Site Plan Development Permit, shall be submitted for a new building, an addition to an existing building, or for a change in the use of any existing building or plot of land required to provide off-street parking under this Section, which plan shall clearly and accurately designate the required parking spaces, access aisles and driveways, and relation to the uses or structures these off-street parking facilities are intended to serve. An off-street parking data box on the site plan shall list the project's off-street parking provided in reference to the satisfaction of all off-street parking regulations of this article including proposed building and site usage and parking totals showing required versus provided.

G.

Calculating required parking.

(1)

Uses not specifically mentioned. The parking requirements for uses not specifically mentioned shall be the same as provided in this article for the most similar use as determined by the zoning official.

(2)

Fractional spaces. When units or measurements determining the total number of required off-street parking spaces result in a fractional space, any such fraction shall require a full off-street parking space.

(3)

Mixed uses.

(a)

In the case of mixed uses, the total requirement for off-street parking spaces shall be the sum of the various uses computed separately and off-street parking for any other use, except for shopping centers, general industrial complexes and storage or distribution warehouses as specified in this Section.

(b)

Shared usage: This Section designates the requirements for time of operation differences between uses.

(4)

Measurements. Gross floor area shall mean the gross floor area inside the exterior walls. In stadiums, sports arenas, religious facilities, bars and other places of assembly in which occupants utilize benches, pews, stools or other similar seating facilities, every twenty (20) lineal inches of such seating shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

(5)

Open air seating. Open air seating shall mean any seating area without a heating or cooling system and where a minimum of two (2) sides are open and unenclosed by walls other than canvas or mesh screening.

(6)

Full service restaurant. A full service restaurant shall mean a restaurant, which functions for the purpose of serving complete meals, prepared and cooked in a kitchen within the restaurant to people seated at tables on the premises, and within which no entertainment is provided other than recorded or live music during the service of meals.

(7)

Fast food restaurant. A fast food restaurant shall mean a restaurant which functions for the purpose of serving either meals or individual food items, prepared and cooked in a kitchen within the restaurant to people either seated at tables on the premises or for consumption off the premises.

H.

Shared usage. Required parking spaces may be permitted to be utilized for meeting the parking requirements of two (2) separate permitted uses when it is clearly established by the applicant that the two (2) uses will utilize the spaces at different times of the day, week, month or year, such as a church sharing spaces with a retail store. A recordable covenant, with the correct legal description, shall be submitted by the owners of the property and the two (2) businesses or tenants involved in a form acceptable to the office of the county attorney. The covenant shall be recorded in the public records of Broward County at the applicant's expense, and shall run with the land. The covenant shall provide that the use or portion of a use, that requires the shared parking in order to obtain the necessary permits or licenses, shall cease and terminate upon any change in their respective schedules of operation that results in conflicting or overlapping usage of the parking facilities, and no nonresidential use may be made of that portion of the property until the required parking facilities are available and provided. The covenant shall also provide that the county may collect attorneys' fees if litigation is necessary to enforce the requirements of this section.

I.

Combined off-street parking. Nothing in this article shall be construed to prevent collective provision for, or joint use of, off-street parking facilities for two (2) or more buildings or uses by two (2) or more owners or operations, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this article. In such cases, a recorded agreement shall be executed in the same manner as provided for in this Section.

J.

Use of off-street parking facilities. Parking spaces approved in conformance with this article may be used only for parking of vehicles of owners, tenants, employees and customers utilizing the building or site served by such required parking space. The following uses and activities shall not be permitted in required off-street parking facilities:

(1)

Parking to serve an off-site building;

(2)

Storage, repair or commercial display of any vehicles, equipment or merchandise;

(3)

Parking or storage of commercial vehicles owned, operated or used in the business of a commercial occupant of a building between the hours of 8:00 a.m. and 5:00 p.m.;

(4)

Parking of recreational vehicles, boats and accessory equipment on nonresidentially zoned or used property; and

(5)

Parking of any vehicle, which due to its size, shape, contents or location, creates an obstruction or public safety hazard or which cannot be contained within a single designated parking space.

K.

Storage lots for vehicles, boats and equipment. All open air storage lots for vehicles, boats or trucks located in a commercial zoning district shall be surfaced with asphalt or concrete. All open air storage lots for commercial vehicles, heavy equipment or other motor-driven equipment in an industrial zoning district may be on a non-paved surface, provided same is compacted, stabilized and dust-free.

L.

Lighting. All off-street parking facilities serving multiple-family residential developments containing eight (8) or more dwelling units and serving all non-residentially zoned or used properties shall be illuminated in accordance with the following standards within five (5) years from the effective date of this article.

(1)

For the purpose of this section, open-air parking areas shall include the parking surface of open parking lots and accessways thereto at grade level. Enclosed parking facilities shall include multi-level parking garages and enclosed grade level parking facilities.

(2)

Intensity of illumination:

(a)

Open-air parking areas shall provide an average illumination intensity of one (1) footcandle equal to one (1) lumen per square foot, and shall be well distributed on the pavement areas and pedestrian walkways; however, at no point shall illumination be less than one-quarter (¼) footcandle.

(b)

Enclosed parking areas shall provide an average illumination intensity of fifty (50) footcandles at the entrance, ten (10) footcandles in traffic lanes and five (5) footcandles in vehicle parking areas.

(c)

Automatic teller machines (ATM) shall be provided with a maintained minimum of three (3) footcandles of light measured at grade level. Parking areas that serve the ATM must also meet the three (3) footcandle standard.

(d)

The current edition of the IES Lighting Handbook, published by the Illuminating Engineers Society, 345 East 47 Street, New York, New York, 10017, is the standard to be used by the architect or engineer as a guide for the design and testing of parking area lighting.

(e)

Overspill of lighting onto adjacent properties or rights-of-way shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination measured at grade level. All lighting must be shaded or screened and positioned in such a manner as to minimize offensiveness to persons on neighboring properties and temporary blinding of drivers of vehicles passing illuminated property.

(f)

All required illumination shall be controlled by automatic devices. The required illumination for open-air parking areas shall operate from dusk to dawn with one-half (½) light levels permitted from midnight to dawn. Enclosed parking areas shall maintain the lighting levels specified in this section twenty-four (24) hours a day either by operating lighting at all times, or at all such times as would be required to maintain the required lighting levels.

(3)

Compliance requirements:

(a)

A conceptual parking facility lighting plan, showing the general location and type of lighting proposed, shall be submitted with any application for final site plan approval. Prior to the issuance of a development order for a building permit, a parking facility lighting plan prepared by a registered architect or engineer shall be submitted for new construction, additions to existing buildings, changes of use, or expansion or reconfiguration of parking areas. The lighting plan shall be certified by the registered architect or engineer as providing illumination in accordance with the minimum standards set forth in this section.

(b)

Subsequent construction must comply with the lighting plan.

(c)

As a prerequisite to the issuance of final approval of any parking facility and of the lighting installation, and further, prior to the lighting installation being placed in permanent use, a letter of compliance from a registered professional engineer shall be provided to the zoning official or designee stating that the installation has been field checked and meets the requirements of this section.

(4)

Maintenance requirements: All lighting installations required by this article shall be maintained in compliance with the minimum illumination requirements specified herein by the owners and occupants of the property.

M.

Parking for disabled persons. All applicable state and federal laws relating to parking spaces for certain disabled persons in all public and private parking areas, including minimum dimensions, requirements, location and posting of signs shall be adhered to on all proposed developments and parking facilities which require revisions.

N.

Amount of off-street parking.

(1)

The following minimum amounts of off-street parking shall be provided for all residential buildings and uses:

O.

Off-street loading.

(1)

On the same plot with every structure or use specified herein which is hereafter erected or created, there shall be provided and maintained adequate space for loading and unloading of materials, goods or things, and for delivery and shipping, so that vehicles for these services may use this space without interfering with the public use of streets, alleys and off-street parking areas by pedestrians and vehicles.

(2)

Where any structure is enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring off-street loading space under this section, the full amount of off-street loading space shall be supplied and maintained to comply with this section.

(3)

For the purposes of this section, an off-street loading space shall be an area at the grade level at least twelve (12) feet wide by forty-five (45) feet long with a fourteen-foot vertical clearance, except that for plots containing an aggregate amount of less than ten thousand (10,000) square feet of gross floor area of buildings, and except for office buildings and banks, an off-street loading space may be ten (10) feet in width by twenty-five (25) feet long. Each off-street loading space shall be directly accessible from a street, alley or driveway without crossing or entering any other required off-street loading space, shall be clearly marked as to purpose, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Off-street loading spaces shall not be located in a parking aisle and shall not be more than thirty (30) feet from the building, which the off-street loading space serves. Any pedestrian walkway crossing ingress and egress to an off-street loading space shall be clearly marked.

(4)

Off-street loading spaces shall be provided and maintained in accordance with the following schedule:

(a)

For each retail complex, storage warehouse excluding self-storage warehouses, wholesale establishment, industrial plant, factory, freight terminal, restaurant, mortuary, laundry, office building, dry cleaning establishment or similar use which has an aggregate gross floor area of:

(b)

For each auditorium, convention hall, exhibition hall, museum, sports arena, stadium, hospital, or similar use which has an aggregate gross floor area of:

(c)

For any use not specifically mentioned in this section, the requirements for off-street parking for a use, which is so mentioned and to which the unmentioned use is similar shall apply. One-family and two-family dwellings and multiple-family dwellings shall not require off-street loading facilities.

(5)

Off-street loading facilities supplied to meet the needs of one (1) use shall not be considered as meeting off-street loading needs of any other use.

(6)

No area or facilities supplied to meet the required off-street parking facilities for a use shall be utilized for or be deemed to meet the requirements of this article for off-street loading facilities.

(7)

Nothing in this section shall prevent the collective, joint or combined provision of off-street loading facilities for two (2) or more buildings or uses on the same site, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.

(8)

Plans for buildings or uses requiring off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearances and access of all such required off-street loading facilities.

(9)

All off-street loading facilities shall be located on the plot which they are intended to serve.

(Ord. No. C-09-27, § 1, 10-20-09)

A.

Purpose, intent and scope. The purpose of this article is to create the framework for a comprehensive but balanced system of sign control for property located in Section 47-39.A. It is the intention of this section to develop specific sign criteria which:

(1)

Are compatible with their surroundings;

(2)

Are legible under circumstances in which they are seen;

(3)

Are expressive of the identity of individual businesses or organizations or the community as a whole;

(4)

Promote the aesthetic appearance of the community.

B.

Definitions. In addition to terms defined in article II of this chapter, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Abandoned sign: Any sign, except a billboard sign, which no longer pertains to any person, organization, product, service, activity or business located on or available at the premises where such sign is displayed; any sign, except a billboard sign, which no longer contains a message and/or any sign in a state of disrepair.

Aggregate frontage:

(1)

Interior plots: The actual lineal street frontage;

(2)

Through plots: The total actual lineal street frontage on both streets;

(3)

Corner plots: The sum of the straight line lineal distances along both streets extended beyond corner chords, radius and turn lanes to the point of intersection;

(4)

Interrupted corner plots: The sum of the actual street frontages exclusive of outparcels.

Area of sign: The total area of each sign face, which may be used to display copy, including background, but not including the frame and structural supporting elements. Where a sign is composed of individual letters, characters or symbols applied directly to a building, canopy, marquee, mansard, fascia, facade, parapet, awning, wall or fence, the area of the sign shall be the smallest rectangle, triangle or circle which will enclose all of the letters, characters or symbols. The area of a double-faced sign shall be the total area of each sign face.

Awning or umbrella: A shelter made of fabric, plastic, vinyl or other non-rigid material supported by a metal frame.

Awning sign: A sign that is painted, stitched, stamped, perforated, painted or otherwise affixed to an awning or umbrella.

Building frontage: The wall extending the length of the building or lease lines of any building, the legal use of which is one (1) of commercial or industrial enterprise and including the location of public entrance(s) to the establishment.

Building wall sign: A sign where its entire area is displayed upon or attached to any part of the exterior of a building wall, facade or parapet, approximately parallel to and not more than twelve (12) inches from the face of the wall upon which it is displayed or attached.

Canopy or marquee: A permanent, unenclosed shelter attached to and extending from a building or a freestanding permanent shelter.

Canopy sign: A sign that is painted on or otherwise affixed to the fascia of a canopy, marquee or mansard roof.

Changeable copy sign: A sign upon which the copy can be changed either manually, electronically or by any other method through the use of attachable letters, numbers, symbols or changeable pictorial panels, and other similar characters, or through internal rotating or moveable parts which can change the visual message without altering the sign face.

Contractor sign: A temporary sign identifying those engaged in construction or remodeling on a building site.

Copy: The linguistic or graphic content of a sign, either in permanent or removable form.

Directional sign: An identification sign, with or without a directional arrow, designed to direct the public to a facility or service or to direct and control traffic, such as entrance and exit signs.

Disrepair (sign): A state of neglect or dilapidation to the extent that: (1) the message of the sign has become obliterated, unreadable or indiscernible and has remained in such a state for at least one hundred twenty (120) days; or (2) approximately twenty-five (25) percent or more of the structural components of the sign are in a visibly bent, broken, leaning or otherwise dilapidated condition.

Double-faced sign: A sign with two (2) sign faces which are parallel to each other and back to back.

Election-related sign: A sign relating to any election is scheduled to be held. This includes, but is not limited to, signs advertising candidates, referendums or any campaign information.

Embellishment: An extension of the sign face which contains a portion of the message or informative content and which is added, modified or removed when the message is changed.

Facade: That portion of any exterior building elevation extending from grade to the top of the parapet wall or eaves along the entire width of the business establishment building frontage.

Fascia: The flat, outside horizontal member of a cornice, roof, soffit, canopy or marquee.

Fence or freestanding wall sign: A sign attached to and erected parallel to the face of or painted on a fence or freestanding wall and supported solely by such fence or freestanding wall.

Flag: A piece of fabric, often attached to a staff, containing distinctive colors, patterns or symbols.

Freestanding sign: Any self-supported sign not attached or affixed in any way to a building or other structure.

Frontage: The total distance along any plot line abutting a street.

Garage sale sign: A sign to indicate the sale of personal property by the person or family conducting the sale in, at or upon residentially zoned or residentially used property.

General information sign: A sign providing information on the location of facilities or a warning to the public regarding the premises where the sign is located.

Graphic sign: A sign, which is an integral part of the building facade in that it is carved in, or otherwise permanently embedded in the facade.

Hanging sign: A sign hung or suspended from a freestanding wood or metal frame, such frame being not higher than five (5) feet, nor wider than three (3) feet.

Height of sign: All other freestanding signs: Height shall be measured from the elevation of the sidewalk adjacent to the sign location to the top of the sign. In the event no sidewalk exists, height shall be measured from the crown of the right-of-way at its closest point to the sign location.

Holiday or seasonal sign: Temporary lighting, garlands, wreaths or other decorations relating to a particular regional or nationally recognized holiday.

Illuminated sign: Any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

Individual letter sign: A sign made of self-contained letters that are mounted on the face of a building, parapet, canopy, marquee or secured to a freestanding wall, fence or other structure.

Interior sign: Any sign inside a building which is not clearly visible from and not intended to be seen from the exterior of the building.

Internal illumination: A light source concealed or contained within the sign which becomes visible by shining through a translucent surface.

Item of information: Each syllable, symbol, abbreviation, broken plane or discontinued odd shape located in any one (1) sign, excluding logos.

Logo: A sign consisting only of a symbol used to signify or represent an organization, corporation, business, service or product, whether registered or not.

Mansard roof (or wall): A false roof projecting over the front of a building; a sloping section of an exterior wall above the roof line of a building at an angle with the exterior wall from which it extends. It may be covered with roofing material to simulate a roof, but serves as an aesthetic rather than functional purpose.

Model sign: A sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale.

Monument: A freestanding, self-supporting structure, other than a pole, which is placed directly on the ground, with no visible means of support, the primary purpose of which is to display a sign.

Monument sign: A sign attached to, painted on, or otherwise made part of a monument.

Mural: A graphic, artistic representation painted on a wall, not including graffiti, which contains no advertisement or relationship to any product, service or activity provided, offered or available on the premises.

Neon sign: A sign formed by luminous or gaseous tubes in any configuration.

Nonconforming sign: A sign or advertising structure which was lawfully erected and maintained prior to the current provisions of this code regulating signs, which by its height, type, square foot area, location, use or structural support does not conform to the requirements of this article.

Nonilluminated sign: A sign, which has no source of artificial or person-made illumination either directly or indirectly.

Off-premises sign: A sign, which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located.

Outdoor event sign: A temporary sign identifying an outdoor event, which is of general interest to the community.

Panel sign: A sign having the sign face or faces supported between two (2) columns or poles, with no open area between such columns or poles and the sign face(s).

Parapet: A false front or wall extension above the roof line of a building.

Pennant sign: (see banner or pennant sign).

Permanent sign: Any sign which, when installed, is intended for permanent use. For the purposes of this article, any sign with an intended use in excess of six (6) months from the date of installation shall be deemed a permanent sign.

Pole sign: A freestanding sign erected upon a pole or poles which are visible and wholly independent of any building or other structure for support.

Primary or principal frontage: That building frontage designated by the owner/occupant to be the primary use when the business frontage is on more than one (1) street.

Project sign: A temporary sign relating to a project to be under construction or an intended use of the premises, upon which such sign is located, in the immediate future.

Projecting sign: A sign attached to and supported by a building or other structure and which extends at any angle therefrom.

Public service sign: A sign erected by a governmental authority, within or immediately adjacent to a right-of-way, relating to noncommercial issues of public concern.

Pylon: An enclosed, tower-like structure, which is erected as an extension above or an addition to a building primarily for non-functional or decorative purposes.

Pylon sign: A sign affixed to a pylon.

Real estate sign: A temporary sign erected by the owner or his or her agent relating to property which is for rent, sale or lease, including signs pointing to a property which is open for inspection by a potential purchaser.

Roof sign: A sign erected or placed over or on a roof, which is dependent upon the roof, parapet or upper walls of any building for support and which does not extend above the roof line.

Sales office sign: A sign identifying a construction project sales office.

Sandwich or sidewalk sign: A movable sign not permanently secured or attached to the ground or to a structure and which may have two (2) faces, usually hinged at the top.

Sign: Every device, frame, letter, figure, graphic, character, mark, permanently fixed object, ornamentation, plane, point, design, picture, logo, stroke, stripe, symbol, trademark, reading matter or other representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Sign face: The part of a sign encompassed within a border, frame or cabinet and pertaining to a specific topic, visible from one (1) direction, that is or can be used for communication purposes, including any background material, panel, trim, color or direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or other object, or other sign upon, beside, beneath, above or against which it is placed.

Sign label: A label issued by the Code and Zoning Enforcement Division to identify a permitted sign.

Sign width: The horizontal distance, in lineal feet, measured along the lower edge of a sign cabinet, box, frame or other surface containing a sign face.

Sign structure: Any structure erected for the purpose of supporting a sign, including decorative cover and/or frame.

Snipe sign: A sign of any material, including paper, cardboard, wood or metal, which is tacked, nailed, pasted, glued or otherwise affixed to a pole, tree, stake, fence, structure, building, trailer, dumpster or other object, with the message thereon not applicable to the present use of the premises upon which the sign is located.

Strip lighting: Lighting in the form of luminous or gaseous tubes used to draw attention to a building or structure, usually outlining a building, or portion thereof, or a sign.

Subdivision sign: A sign located at the entrance to the subdivision, neighborhood, cluster of buildings or other subdivision of real property which identifies the subdivision.

Temporary sign: Any sign, other than a snipe sign, with an intended use of six (6) months or less.

Traffic control sign: Any sign used to control traffic on public streets or private property.

Trailer sign: A sign which is designed to be transported, as a trailer is transported, on its own wheels, even though the wheels of such signs may be removed and the remaining chassis placed on or attached to the ground.

Under canopy sign: A sign permanently affixed to and suspended from the underside of a canopy or marquee.

Vehicle sign: A sign affixed to or painted on a transportation vehicle including automobiles, trucks, boats, trailers, and campers for the purpose of identification or advertisement. Vehicle signs required by law signifying licensing information shall not be included in this definition.

C.

Prohibited signs. Any sign not specifically permitted is prohibited, including, but not limited to the following signs:

(1)

Animated signs;

(2)

Banner or pennant signs;

(3)

Balloon signs;

(4)

Bench signs on privately owned property;

(5)

Flags, except as permitted by this Section;

(6)

Pole signs, except as expressly permitted;

(7)

Projecting signs;

(8)

Roof signs, extending above the roof line;

(9)

Sandwich or sidewalk signs;

(10)

Snipe signs;

(11)

Trailer signs; and

(12)

Vehicle signs.

D.

Nonconforming signs.

(1)

Any legally erected permanent sign, which does not conform to all of the provisions of this article may remain for five (5) years after the date such sign fails to conform to this article, or until any of the following events transpire, whichever occurs first.

(a)

Abandonment of a sign, as defined by this Section;

(b)

Repair or reconstruction of a sign in disrepair, regardless of the reason for the deteriorated condition of the sign;

(c)

Relocation of any sign for any reason; or

(d)

Expiration of any temporary sign permit.

(2)

At the end of the five (5) year period, all signs, shall comply with the provisions of this code, including the master sign plan requirements in this Section, "Master Sign Plans."

(3)

Nonconforming signs, may be refurbished or repaired, provided no structural alterations are involved.

(4)

Signs or sign structures which were never lawfully permitted shall not be determined as legally nonconforming signs and shall be subject to immediate removal without the benefit of any amortization period.

E.

Sign permits.

(1)

Permit applications. Sign permit applications shall comply with Section 47-22.

(2)

Exempt signs. Permits shall not be required for the following signs, provided the sign area is six (6) square feet or less and the sign is non-illuminated:

(a)

On-premises directional signs;

(b)

Flags, as permitted by this Section;

(c)

Garage sale signs;

(d)

General information signs;

(e)

Hanging signs;

(f)

Interior signs;

(g)

Model signs;

(h)

Real estate signs; and

(i)

Window signs.

(3)

Permits shall not be required for the following signs:

(a)

Holiday or seasonal signs;

(b)

Murals;

(c)

Public service signs;

(d)

Traffic control signs; and

(e)

Any sign on a plot, or portion of a plot, used as a farm and pertaining to farm activities.

F.

Maintenance and removal.

(1)

All permitted signs and sign structures shall be maintained in good condition and not allowed to remain in a state of disrepair. Any such sign shall either be removed or repaired within thirty (30) days of notice to the sign owner and/or property owner.

(2)

Any abandoned sign shall be removed by the sign owner or by the property owner, if the sign owner cannot be verified or located, within thirty (30) days of notice to the sign owner and/or property owner.

G.

General sign requirements for permanent signs.

(1)

Changeable copy signs. Such signs shall not exceed fifty (50) percent of the maximum permitted area of a sign.

(2)

Directional and general information signs. Such signs may be double-faced, may be monument, pole or building wall signs, shall be adjacent to paths of vehicular or pedestrian traffic, and shall be no larger than six (6) square feet in sign area and four (4) feet in height, except for building wall signs which may be incorporated into the aggregate permitted sign area for such signs. Such signs may be off-premises signs, provided they are not located more than five hundred (500) feet from the facilities referenced on the sign and are not less than five hundred (500) feet apart; except that directional signs for shopping center out parcels shall not be subject to distance limitations. Off-premises directional and general information signs are subject to permit requirements.

(3)

Illumination of signs: Where permitted, sign illumination shall be provided by one (1) of the following methods:

(a)

Internally illuminated message. The sign face is made of an opaque material and the copy is cut out of the material and replaced with translucent material. The sign's light source is inside the sign.

(b)

Internally illuminated sign. The sign face is made of translucent material with an internal light source.

(c)

Back lighting. The copy is raised beyond the sign face and the lighting illuminates the copy from behind in the form of back lighting or reversed channel lighting.

(d)

Shielded spotlight. The sign face and copy are lighted by spotlights specifically directed at it. Such spotlights shall be fully shielded so that they are not visible from streets or adjoining property and so that there is no light spillage beyond the sign face.

(e)

Neon. The copy is conveyed through the use of neon tubing or the sign face is outlined by neon tubing.

(4)

Landscaping. All developed nonresidential properties shall provide landscaping at the base of any freestanding sign on the plot in accordance with Section 47-39.A.13, Functional Landscaping and Xeriscaping.

(5)

Monument signs.

(a)

Sign structure. The supporting structure of a monument sign shall not be less in width that twenty (20) percent of the width of the sign face, inclusive of any box, cabinet or frame. The supporting structure for sign faces, inclusive of any box, cabinet or frame, which are less than nine (9) feet in width, may be less than twenty (20) percent of the width of the sign face but not less than eighteen (18) inches.

(b)

Minimum clearance. All monument signs having a supporting structure less in width than the sign face, inclusive of any box, cabinet, border or frame, shall maintain a minimum vertical clearance of eight (8) feet, except that such signs eight (8) feet in height or less shall maintain a maximum vertical clearance of three (3) feet. Vertical clearance shall be measured from the sidewalk adjacent to the sign or, in the absence of sidewalks, measured from the crown of the right-of-way adjacent to the sign, to the bottom of the box, cabinet, border or frame of the sign face.

(6)

Setbacks. Freestanding signs of any type shall not be subject to front yard or street side setbacks specified in any zoning district, but shall be located no closer than five (5) feet from any dedicated right-of-way or recorded road easement and shall not be closer than three (3) feet from any other privately owned property and, in nonresidential districts, not closer than twenty-five (25) feet from any residentially zoned property. Setbacks shall be measured from the edge of the sign face, cabinet, border or the outermost portion of the sign structure, whichever is closer to the plot line.

(7)

Sight distance triangle. No sign structure of any type shall be located within twenty-five (25) feet of the intersection of any two (2) public or private streets or within an area of property on both sides of an access way or driveway formed by the intersection of each side of the access way and the public right-of-way line with both sides of the triangle being fifteen (15) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. The sign face of a monument sign may extend into the sight triangle to the minimum setback.

(8)

Strip lighting. Strip lighting shall be permitted solely to outline a building, window or door area of commercial and industrial establishments, and shall be limited to a total footage equivalent to twice the building frontage. The size of the tubing shall not exceed forty (40) millimeters and transformers for strip lighting shall not be larger than thirty (30) milliamperes. Strip lighting shall not extend above the roof line of any building.

(9)

Under canopy signs. Such signs shall have a minimum vertical clearance of eight (8) feet and shall not exceed six (6) square feet in sign area. Copy shall be limited to the name or the main character of the establishment the sign serves.

(10)

Window signs. Window signs, including neon signs, shall not cover more than twenty (20) percent of any individual window or door area.

H.

Basic design schedule for nonresidential signs. All permitted permanent signs shall comply with the following limitations and requirements unless otherwise specified.

(1)

Building wall signs, graphic signs, canopy signs, marquee signs, pylon signs or roof signs.

(a)

Letters, cabinets or borders shall not exceed the height of any canopy or marquee upon which the sign is affixed;

(b)

The maximum length shall not exceed eighty (80) percent of the building frontage; and

(c)

The total area of any building wall sign, graphic sign, pylon sign or roof sign shall not exceed twenty (20) percent of the building frontage.

(2)

Awning or umbrella signs. The sign copy may only be located on the portion of the awning or umbrella which is parallel to the building to which it is affixed or at a ninety (90) degree angle to the ground.

(3)

Directory signs, fence or freestanding wall signs, freestanding signs, identification signs, monument signs, panel signs. The maximum height of all such signs shall be in accordance with the following, unless otherwise specified in Section 47-39.A.15.:

(a)

Where a sign is proposed to be erected within one hundred (100) feet of the intersection of two (2) streets where the right-of-way widths differ, and will be visible from both such streets, the maximum height of the sign shall be determined using the narrower of the two (2) rights-of-way.

(b)

The maximum area of any such sign shall be in accordance with the following:

* The maximum areas specified apply to each sign face of a double-faced sign.

** The maximum height of these signs shall not exceed fourteen (14) feet.

I.

Permitted permanent signs. Signs specified in Figure 1 in this subsection I. shall be permitted subject to limitations contained in Section 47-39.A.15. and subject to the following additional limitations and requirements:

(1)

Multiple family residences. The following signs shall be permitted for all multiple family residences:

(a)

Two (2) building identification signs for each building on a multiple family plot, which shall be building wall signs, monument signs or hanging signs, and which shall not exceed five (5) square feet in sign area per sign. Monument signs shall not be higher than five (5) feet;

(b)

One (1) nameplate sign per dwelling unit, not to exceed one and one-half (1½) square feet in sign area;

(c)

Directional and general information signs;

(d)

Garage sale signs; and

(e)

Building identifications may be illuminated by shielded spotlights or internal illumination.

(2)

Freestanding schools, places of worship, community facilities, and hospitals. The following identification signs shall be permitted for freestanding schools, places of worship, community facilities, and hospitals:

(a)

One (1) freestanding identification sign, which may be double-faced and which may be a monument sign, fence or freestanding wall sign or panel sign along the frontage. If there is frontage on more than one (1) street, one (1) sign shall be permitted along the primary or principal frontage, and one (1) additional sign shall be permitted along one (1) additional frontage, not larger than three-quarters (¾) the permissible height and one-half (½) the permissible area of the primary frontage sign. Box or cabinet signs may be internally illuminated. Painted or graphic signs may be illuminated by shielded spotlights. Individual letter signs may be illuminated either by internal illumination or by shielded spotlights;

(b)

One (1) identification sign in the form of a building wall sign, graphic sign, canopy sign, marquee sign or pylon sign on each building frontage. Such signs may be box or cabinet or individual letter signs. Signs may be illuminated by internal illumination or shielded spotlights;

(c)

Changeable copy signs;

(d)

Directional and general information signs;

(e)

Building identification signs; and

(f)

Outdoor event signs as permitted by Chapter 15, Article V, Outdoor Event.

(3)

Single-family residences. The following signs shall be permitted for all single-family residences:

(a)

One (1) identification sign, not larger than three (3) square feet in area, which shall be a building wall sign, a fence or freestanding wall sign or a hanging sign;

(b)

General information signs not exceeding a total of three (3) square feet in area for all such signs;

(c)

Garage sale signs; and

(d)

No sign shall be illuminated.

(4)

Subdivision signs. Subdivision signs shall be permitted in all residential zoning districts subject to the following limitations:

(a)

Two (2) signs shall be permitted at the primary entrance to a subdivision, neighborhood or multiple family complex, a maximum of thirty-two (32) square feet in sign area per sign and not exceeding eight (8) feet in height. One (1) additional sign shall be permitted at any other entrance, one-half (½) the permissible area and three-fourths (¾) the permissible height of a primary sign;

(b)

Subdivision signs shall be monument signs or fence or freestanding wall signs; and

(c)

Signs may be illuminated by any means specified in Section 47-39.A.15.G.

Figure 1.

Sign Type/Function Permissibility by Zoning Category

J.

Master sign plans.

(1)

For all plots having more than two (2) tenants displaying signs, a master sign plan shall be approved by the Building Code Services Division.

(2)

No sign permits shall be issued contrary to the master sign plan.

(3)

The master sign plan shall meet all of the provisions of this article and shall include the following:

(a)

An elevation plan, drawn to scale, depicting all signs placed or to be placed on the buildings on the plot;

(b)

A site plan, drawn to scale, indicating the location of all freestanding signs erected or to be erected on the plot, including setbacks;

(c)

A scale drawing of all freestanding signs depicting the sign type, height, dimensions and sign area, including the sign structures;

(d)

For directory signs or other signs providing for more than one (1) tenant, the amount of sign area allocated for each tenant shall be indicated;

(e)

The standards for letter styles, letter colors, letter heights, and background colors to be used for the various types of signs on the plot. The size and type of items of information may be varied for major or anchor tenants in a shopping center;

(f)

The types of illumination to be used for each type of sign; and

(g)

A statement indicating how many anchor tenants will be on the site and sign criteria for same insofar as letter styles, colors, letter heights.

(4)

For new projects, the master sign plan shall be submitted at the time of final site plan submittal.

(5)

For existing buildings, the property owner(s) or their agent shall submit a master sign plan which complies with all of the provisions of this article within five (5) years of the effective date of this article. If a master sign plan has not been approved within the five (5) year period, no sign permits shall be issued until such master plan has been submitted and approved.

(6)

Once the master sign plan has been approved for a plot, the criteria shall apply to the entire plot shown on the master sign plan, as well as each individual tenant or occupant, and shall remain as long as the building(s) exist, regardless of change of ownership, management or occupancy, or until a complete new master sign plan has been submitted and approved.

(7)

No part of an approved master sign plan may be waived by the hearing officer.

(8)

All existing signs on the plot must conform to the master sign plan within a period of one (1) year from approval of the plan.

K.

Temporary signs.

(1)

The provisions of this section shall pertain to the erection, placement, and maintenance of all temporary signs, other than those specified in Article XIII, Conditional Uses, of this Code.

(2)

Temporary signs shall be permitted in addition to any other permitted sign on private property and shall be exempt from all other provisions of this Article, provided such signs fully comply with this section.

(3)

The following types of signs may be erected as temporary signs:

(a)

Contractor signs

(b)

Election-related signs

(c)

Model signs

(d)

Project signs

(e)

Real estate signs

(f)

Sales office signs

(4)

A permit as required in Section 47-22, shall be obtained for any temporary sign six (6) square feet or larger in size.

(5)

Temporary signs on developed plots shall not be larger or higher than any permanent sign permitted on the premises where the sign will be located.

(6)

Temporary signs on undeveloped plots shall not exceed the following:

(a)

For parcels less than one (1) acre in area, a maximum of twelve (12) square feet in sign area and six (6) feet in height above the ground;

(b)

For parcels between one (1) and ten (10) acres in area, a maximum of sixteen (16) square feet in area and six (6) feet in height above the ground; and

(c)

For parcels over ten (10) acres in area, a maximum of twenty-four (24) [square] feet in sign area and eight (8) feet in height above the ground.

(7)

Temporary signs shall be limited to one (1) sign of each type specified herein for each one thousand (1,000) lineal feet of street or waterway frontage of a plot, except that:

(a)

One (1) model sign shall be permitted at the location of each model on a residential development under construction not to exceed three (3) square feet in sign area per sign and three (3) feet in height above the ground; and

(b)

One (1) election-related sign shall be permitted for each street frontage per plot for each candidate and issue.

Such signs may be double-faced and may be a hanging sign, a building wall sign, pole sign or window sign. All freestanding signs shall be set back a minimum of five (5) feet from any plot line.

(8)

Where two (2) or more types of temporary signs are combined on one (1) sign face or sign structure, then the sign area may be increased by twenty (20) percent.

(9)

No temporary sign shall be placed on public property or property owned or used by Broward County or any other governmental entity. Signs placed in violation of this provision shall be subject to removal without notice by Broward County.

(10)

A real estate sign in a residential area may be increased in size by a maximum of fifty (50) percent of the permitted sign size to accommodate additional information and:

(a)

May only be displayed while the premises are actually available for inspection by a prospective buyer or tenant;

(b)

May be off-premises signs, provided they are not less than four hundred (400) feet apart, are not more than three (3) square feet in area, are not more than three (3) feet in height;

(c)

May only be displayed on private property; and

(d)

Information boxes shall not be considered a sign.

(11)

All temporary signs shall be removed within ten (10) days after the conclusion of the event to which any temporary sign pertains, or the development, construction or sale of any building or property to which any temporary sign pertains, or shall be removed after the expiration of six (6) months from the erection of the sign, whichever occurs first.

(Ord. No. C-09-27, § 1, 10-20-09; C-18-05, § 9, 3-6-18)

Unless otherwise provided in this Section 47-39, the provisions of the ULDR with general applicability to development and use of property within the city shall apply as requirements of the development and use of property within the districts described in this Section 47-39. Such requirements shall include, but not be limited to, the provisions of Sections 47-24, Development Permits and Procedures, and 47-25, Development Review Criteria. However, any provision of this Section 47-39 in conflict with any other provision of the ULDR shall prevail to the extent of such conflict.

(Ord. No. C-09-27, § 1, 10-20-09