The purpose of this Article is to provide an orderly system for the establishment and regulation of land uses; to classify, regulate and restrict the location of buildings and structures designed for residences, business, industry, commerce, and other uses; to establish and regulate the intensity of the use; to regulate and determine areas of open space within and surrounding buildings; to regulate and limit the height and size of buildings and structures; to insure the adequate provision of services, such as parking, loading, and other services; to provide for the protection of natural resources; to implement the Comprehensive Plan; and to protect the general public from dangerous, undesirable, and adverse consequences of improper land use and design, within the City of Lauderhill, Florida.

(Ord. No. 04O-06-142, § 1, 6-28-04)

The following zoning districts are established:

1.2.1. Base zoning districts. These base zoning districts are applied to specific parcels of land, for the reasons established in Section 1.1., Purpose.

A.

Residential zoning districts.

1.

Single Family at four (4) dwelling units per acre (RS-4).

2.

Residential, Single Family at five (5) dwelling units per acre (RS-5).

3.

Residential, Multi-family at eight (8) dwelling units per acre (RM-8)

4.

Residential, Multi-family at ten (10) dwelling units per acre (RM-10).

5.

Residential, Multi-family at eighteen (18) dwelling units per acre (RM-18).

6.

Residential, Multi-family at twenty-five (25) dwelling units per acre (RM-25).

7.

Residential, Multi-family at forty-five (45) dwelling units per acre (RM-45).

8.

Residential, Multi-family per diem at fifty (50) dwelling units per acre (RMH-50).

9.

Planned Unit Development (PUD).

B.

Commercial zoning districts.

1.

Commercial, Neighborhood (CN).

2.

Commercial, Community (CC).

3.

Commercial, General (CG).

4.

Commercial, Warehouse (CW).

5.

Commercial, Office (CO).

6.

Commercial, Recreation (CR).

C.

Industrial zoning district.

1.

Industrial, Light (IL).

D.

Transportation and Utility zoning districts.

1.

Transportation Facility (TF).

2.

Utility Facility (UF).

E.

Recreation zoning districts.

1.

Open Space and Recreation (PO).

2.

Local Parks (PL).

3.

Regional Park (PR).

F.

Community Facility zoning district.

1.

Community Facility (CF).

G.

Conservation zoning districts.

1.

Conservation (CS).

H.

Mixed Use zoning districts.

1.

Traditional Neighborhood Development (TND).

2.

Transit Oriented Development (TOD).

1.2.2. Overlay zoning districts. These overlay zoning districts may or may not be shown on the Official Zoning District Map because they pertain to unique features or characteristics of land or to items of particular significance which are restricted to a particular parcel of land. These districts provide additional standards and may restrict the intensity of use of land, as allowed in the base zoning districts.

A.

Commerce Park (COP-O).

B.

Assisted Living Facility (ALF-O).

C.

Wellfield Protection (WEP-O).

D.

Focal Point (FP-O).

E.

Canopy Road (CAN-O).

F.

Flood Damage Control (FDC-O).

G.

Noise control (NOC-O).

H.

Gateway Road (GAR).

1.

State Road 7.
Commercial Boulevard Corridor.

2.

NW 44 ^th Street.

3.

Oakland Park Boulevard.
University Drive.

(Ord. No. 95O-155, § 1, 9-26-95; Ord. No. 04O-06-142, §§ 2—4, 6-28-04)

2.0. DISTRICT REGULATIONS

2.2.1. Adoption of Zoning District Map. The City [hereby adopts] a Zoning District Map which shall be in accordance with the provisions of this Article.

Changes, amendments, and reassignment of districts thereon shall be made only in accordance with the provisions of or by amendment to these Land Development Regulations.

2.2.2. Application of zoning regulations. When any public use ceases, or when title of unzoned public land passes into private ownership, public land or buildings shall not be used for private purposes until they shall have been zoned by the City Commission.

Water areas:

The water surface and the land under the water surface, of all canals, rivers, waterways, ponds, lakes, and other water areas in the City of Lauderhill not otherwise zoned are hereby placed in the same zoning district as the land which it abuts as shown on the Zoning District Map. Where the zoning districts shown on the Zoning District Map are different on opposite sides of the water area, then the kind of zoning district on each side shall extend to the center line or midpoint of the water area.

For convenience of mapping and clarity, the zoning of water areas is shown on the Zoning District Map, but is determined by the provisions of this paragraph.

2.2.3. Districting of vacated ways. Where a street or alley shown on a Zoning District Map is hereafter officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way shall be included within the zoning district of adjoining property on either side of said vacated street or alley. In the event such street or alley was a district boundary between two (2) or more different zoning districts, the new district boundary shall be the former center line of such vacated street or alley.

2.2.4. Boundaries of districts: Unless otherwise shown, the district boundaries are street lines, alley lines, or the subdividing or boundary lines of recorded plats, or the extensions thereof, and where the districts designated on maps accompanying and made a part of these Land Development Regulations are approximately bounded by street lines, alley, lines or the subdividing or boundary lines or recorded plats, such lines or the extensions thereof shall be considered to be district boundaries.

Where, due to the scale or illegibility of the Zoning District Map, or due to the absence of a street, alley, or recorded subdividing of plat lines, there is any uncertainty, contradiction or conflict as to intended location of any district boundary, the City Commission shall have the power and duty of interpreting the intent of said Zoning District Maps so as to determine and designate the proper location for such district boundary in accordance with the spirit and purpose of the Land Development Regulations.

Railroad rights-of-way. Where not otherwise indicated on Zoning District Maps or specified in the Land Development Regulations, railroad rights-of-way are hereby placed in the same zoning district as indicated or specified for abutting property, except that where the zoning districts are different on opposite sides of a railroad right-of-way, the railroad right-of-way is hereby placed in the more restricted district of the two (2) zoning districts abutting the right-of-way.

(Ord. No. 92-185, § 1, 10-13-92)

A.

Land use classification. For purposes of administration of these Land Development Regulations, the Planning and Zoning Director or designee shall approve with or without conditions a Certificate of Use application if the land use is specifically listed as a permitted, special exception, accessory or special permit use in Articles I. or III. or Schedules A, B or T and if that land use is allowed within the affected zoning district. Any land use not specifically listed as a permitted, special exception, accessory or special permit use in Articles I. or III. or Schedules A, B or T shall be classified as a prohibited use. Any appeal of the Director's interpretation of whether a land use is allowable within a particular zoning district may be appealed to the City Commission, sitting as the Board of Adjustment, as is provided for in Article IV., Part 1.0., Section 1.7. The City Commission, in considering the appeal, shall make their determination based on the following factors:

1.

Whether the land use is specifically listed as a permitted, special exception, accessory or special permit use in Articles I. or III. or Schedules A, B or T; and

2.

Whether the land use is allowed within the affected zoning district; and

3.

Whether the land use is consistent with the intent or purpose of the zoning district.

B.

Allowable uses for lots and tracts. A site development order or permit and under appropriate circumstances, a certificate of completion for individual lots or tracts shall be issued upon the Planning and Zoning Director determination that the proposed use is one allowed in Article III. or Schedule B, Allowable Uses, and that the proposed use of the lot or tract conforms with all applicable provisions of these Land Development Regulations including the specific requirements established in Schedule C, Zoning District Development Standards.

C.

Allowable uses for planned unit development projects. A site development order or permit and, under appropriate circumstances, a Certificate of Completion shall be issued upon the Planning and Zoning Director determination that the uses are ones allowed in Schedule B, Allowable Uses, that the proposed use conforms with all applicable provisions of these Land Development Regulations including the specific requirements established in Schedule D, Planned Unit Development Project Regulations and that a Planned Development Project Plan and related supplementary data and material have been submitted, reviewed, approved and filed in accordance with the provisions of these Land Development Regulations.

(Ord. No. 10O-09-162, § 1, 9-27-2010; Ord. No. 11O-01-105, § 2, 1-31-2011)

Additional requirements and provisions for certain specific uses shall be as set forth in Article III., Part 5.0. and Article IV., Development Review Requirements, Part 4.0., Special Exception Uses.

(Ord. No. 11O-01-105, § 3, 1-31-2011)

General requirements for the location and dimension of buildings, parcels, building setbacks and yards shall be as set forth in Schedule C, General Requirements for Buildings, Parcels, Building Setbacks And Yards. Notwithstanding the above-described requirements, the following structures or objects of natural growth shall be permitted within required yard setbacks, provided that the safe site triangle standards of these Land Development Regulations are satisfied.

2.5.1.

Arbors and trellises, provided there is a minimum three (3) feet setback from the property line.

2.5.2.

Awnings or canopies, whether permanent or retractable, projecting from a building wall over a required yard setback not more than two and one-half (2½) feet, and having no supports other than by the wall or its integral parts.

2.5.3.

Bay windows.

2.5.4.

Chimneys projecting not more than three (3) feet into the required yard setback.

2.5.5.

Clothes poles or cloth lines in rear yard setbacks of residential districts.

2.5.6.

Driveways subject to other driveway provisions of these Land Development Regulations.

2.5.7.

Dumpster enclosures, subject to the requirements in Land Development Regulations, Article III, Part 5.0., Special Regulations for Specific Land Use Classifications and Structures.

2.5.8.

Fences, walls and hedges.

2.5.9.

Fire escapes or staircases, the riser of which shall be at least fifty (50) percent open, provided that the vertical projection downward onto a required yard setback shall not project more than three (3) feet into, and shall not exceed ten (10) percent of, the area of the required yard setback.

2.5.9.1

Flagpoles having only one (1) structural ground member, subject to the signage requirements.

2.5.10.

Fountains.

2.5.11.

Heating, ventilation and air conditioning units (including compressors and condensers) for single-family or duplex dwellings, provided the exhaust air from such units is directly vertical or away from the adjacent property line.

2.5.12.

Mailboxes.

2.5.13.

Open terraces, including walkways, ground level wooden decks and natural plant landscaping.

2.5.14.

Open, uncovered stoops.

2.5.15.

Potable water wells subject to state requirements.

2.5.16.

Recreational equipment in the rear yard setback in residential districts.

2.5.17.

Roof overhangs projecting into the required setback area a maximum of two and one-half (2½) feet.

2.5.18.

Sculpture or other similar objects of art.

2.5.19.

Signs, subject to the sign requirements of these Land Development Regulations.

2.5.20.

Trees, shrubbery or other objects of natural growth.

2.5.21.

Utilities.

(Ord. No. 00O-8-54, § 1, 9-11-00; Ord. No. 02O-04-122, § 1, 5-13-02)

Requirements for vehicular access, parking and related matters shall be as set forth in Schedule F, Requirements For Vehicles And Designated Right-of-Way, and Schedule G, Minimum Automobile Off-Street Parking Space Requirements.

Landscape requirements, land use compatibility requirements for specific uses and zoning districts that abut certain specific uses and zoning districts and tree protection and tree preservation requirements shall be as set forth in Schedule J, Landscape, Buffer and Tree Requirements.

The requirements and limitations respecting the use of existing nonconforming structures and uses, nonconforming signs, nonconforming designated planned development projects, proposed nonconforming buildings and existing undeveloped nonconforming parcels of record shall be as set forth in Schedule H, Nonconforming Land Use Provisions.

Requirements for signs shall be as set forth in Schedule I, Sign Requirements.

Requirements and limitations respecting the use of land and/or water areas designated as wetlands, flood hazard areas and soil limitations shall be as set forth in Schedule K, Requirements For Environmentally Sensitive Areas.

Requirements respecting the design, permitting, construction and inspection of streets, drainage, sidewalks, private roads, driveways, stormwater facilities, paving, water, sewer, other utilities and public facilities shall be as set forth in Schedule L., Engineering standards and procedures for land development regulations. All new non-residential development and redevelopment shall be consistent with the architectural design guidelines set forth in Schedule P., Design Guidelines. The Planning and Zoning Director shall have the authority to adjust the application of the design guidelines on existing developments undergoing redevelopment to allow the reasonable development of the property.

(Ord. No. 98O-11-174, § 1, 11-23-98; Ord. No. 05O-03-122, § 1, 3-28-05)

3.0. BASE OR UNDERLYING ZONING DISTRICTS

Part 3.0. sets forth a description of each of the zoning districts established in Article III, Part 1.0., Section 1.2, by addressing:

A.

Purpose and intent.

B.

Principal uses and structures permitted.

C.

Accessory uses and structures permitted.

D.

Special exception uses and structures allowed.

E.

Review and approval process.

F.

Development standards by reference to Article III, Part 2.0., Schedule C.

G.

Supplemental district regulations by reference to Article III, Part 6.0.

H.

Special regulations, as appropriate.

Reference to a zoning district by its symbol shall be interpreted to be a reference to its full title, that is, CN is equivalent to Neighborhood commercial zoning district.

(Ord. No. 02O-10-169, § 1, 11-25-02)

3.1.1. Residential single-family at four (4) dwelling units per gross acre (RS-4) zoning district.

A.

Purpose and intent. The purpose of the Residential single-family at four (4) dwelling units per gross acre (RS-4) zoning district is to provide areas where the traditional single-family detached residence can be established, maintained and protected from the unwarranted intrusion of other inappropriate uses and structures. It is also intended to serve as an underlying zoning district for a Mixed Use Overlay zoning district. The RS-4 zoning district corresponds to the Low (5) Residential, Local Activity Center, Transit Oriented Corridor and Transit Oriented Development future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the RS-4 district as a permitted use:

1.

Single-family detached dwellings;

2.

Group homes, subject to the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.; and

3.

Mixed Use, provided it is located within a Mixed Use Overlay zoning district.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Family day care, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

6.

Fences and walls;

7.

Garage and driveway;

8.

Greenhouse;

9.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

10.

Home schooling;

11.

Landscaping, sculptures, water falls and fountains, and other similar decorative features;

12.

Recreation facilities attendant to a subdivision that is operated by a bonafide homeowners association, such as club house, exercise area, private golf course, tennis courts, and swimming pools and amenities;

13.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

14.

Signs, such as house address sign;

15.

Storage shed and workshop;

16.

Swimming pool and cover, pool deck;

17.

Utilities.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the RS-4 district:

1.

Child care and adult day care;

2.

House of religious worship;

3.

Use for club or commercial purposes of common recreational facilities attendant to a subdivision that is operated by a bona fide homeowners association.

E.

Review and approval process.

1.

All permitted and accessory uses shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

2.

In addition to the above, subdivisions shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Site Plan.

3.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

Any lot or parcel that is not platted but that requires platting shall require preliminary plat approval by the Planning and Zoning Board and final plat approval by both the City Commission and the Broward County Board of County Commissioners.

F.

Development standards. The development standards as set forth in herein shall apply.

1.

Lot frontage. The minimum street frontage is seventy-five (75) linear feet and some lots may have a minimum sixty-six (66) feet of frontage; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is seven thousand five hundred (7,500) square feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, 3-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum building size. The minimum dwelling unit size is one thousand four hundred (1,400) square feet of living area, excluding garages and patios

5.

Setbacks.

a.

Front. The minimum front setback is twenty-five (25) feet.

b.

Rear. The minimum rear setback is fifteen (15) feet; however, the rear building setback is five (5) feet when the rear property line abuts a canal or lake with a minimum right-of-way width of twenty-five (25) feet.

c.

Side. The minimum side setback is seven and one-half (7.5) feet.

d.

Street side. The minimum side setback is fifteen (15) feet from a street or dedicated waterway.

6.

Height. The maximum building height is thirty-five (35) feet

7.

Density. The maximum residential density is four (4) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0. shall apply except as modified herein.

1.

Access requirement. Each lot zoned RS-4 shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access.

2.

Off-street parking standards and requirements. The following parking standards shall apply:

a.

Two (2) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage;

b.

Three (3) bedrooms. Three (3) paved parking spaces, a minimum of one (1) that shall be within a garage;

c.

Four (4) bedrooms. Four (4) paved parking spaces, a minimum of two (2) that shall be within a garage; and

d.

Five (5) or more bedrooms. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

The minimum dimensions for each garage parking space shall be ten and one-half (10.5) feet wide by twenty (20) feet deep while the minimum parking space dimensions for any other paved parking space is nine (9) feet wide by twenty (20) feet deep.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping requirements shall be as follows:

a.

Two (2) trees shall be located within the front yard or on the street side yard;

b.

Twenty-four (24) shrubs shall be located in the front yard or on the street side yard;

c.

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

d.

All plant material shall be consistent with Schedule J.

e.

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas;

f.

All landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

5.

Lighting standards and requirements. A minimum of two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. The special regulations as set forth herein shall apply within the RS-4 zoning district.

1.

Minimum district size. A zoning district map amendment to RS-4 shall include a minimum of five (5) acres of contiguous land unless the parcel, lot or tract is contiguous to land zoned RS-4 district or RS-5 district or unless the Planning and Zoning Board by majority vote and the City Commission find that a parcel, lot or tract which contains less than five (5) acres is suitable for a zoning district map amendment, in which case the minimum may be waived by the City Commission by four-fifths (⅘) vote.

3.1.2. Residential single-family at five (5) dwelling units per gross acre (RS-5) zoning district.

A.

Purpose and intent. The purpose of the Residential single-family at five (5) dwelling units per gross acre (RS-5) zoning district is to protect existing areas with single-family detached residences and to allow new residential. It is also intended to serve as an underlying zoning district for a Mixed Use Overlay zoning district. The RS-5 zoning district corresponds to the Low (5) Residential future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the RS-5 district as a permitted use:

1.

Single-family detached dwellings;

2.

Group homes, subject to the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.; and

3.

Mixed Use, provided it is located within a Mixed Use Overlay zoning district.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Family day care, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

6.

Fences and walls;

7.

Garage and driveway;

8.

Greenhouse;

9.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0;

10.

Home schooling;

11.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

12.

Recreation facilities attendant to a subdivision that is operated by a bona fide homeowners association, such as club house, exercise area, private golf course, tennis courts, and swimming pools and amenities;

13.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

14.

Signs, such as house address sign;

15.

Storage shed and workshop;

16.

Swimming pool and cover, pool deck;

17.

Transportation facilities and amenities, such as accessways, driveways, surface and structured parking areas, sidewalks, crosswalks, pedestrian paths, greenways, bicycle racks and lockers.

18.

Utilities, incidental to the development.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the RS-5 district:

1.

Child care and adult day care;

2.

House of religious worship;

3.

Use for club or commercial purposes of common recreational facilities attendant to a subdivision that is operated by a bona fide homeowners association.

E.

Review and approval process.

1.

All permitted and accessory uses shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

2.

In addition to the above, subdivisions shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Site Plan.

3.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

Any lot or parcel that is not platted but that requires platting shall require preliminary plat approval by the Planning and Zoning Board and final plat approval by both the City Commission and the Broward County Board of County Commissioners.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Lot frontage. The minimum street frontage is seventy (70) linear feet and some lots may have a minimum sixty-six (66) feet of frontage; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is seven thousand (7,000) square feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, 3-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum building size. The minimum dwelling unit size is one thousand four hundred (1,400) square feet of living area, excluding garages and patios.

5.

Setbacks.

a.

Front. The minimum front setback is twenty-five (25) feet.

b.

Rear. The minimum rear setback is fifteen (15) feet; however, the rear building setback is five (5) feet when the rear property line abuts a canal or lake with a minimum right-of-way width of twenty-five (25) feet.

c.

Side. The minimum side setback is seven and one-half (7.5) feet.

d.

Street side. The minimum side setback is fifteen (15) feet from a street or dedicated waterway.

6.

Height. The maximum building height is thirty-five (35) feet.

7.

Density. The maximum residential density is five (5) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0. shall apply except as modified herein.

1.

Access requirements. Each lot zoned RS-5 shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access.

2.

Off-street parking standards and requirements. The following parking standards shall apply:

a.

Two (2) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage;

b.

Three (3) bedrooms. Three (3) paved parking spaces, a minimum of one (1) that shall be within a garage;

c.

Four (4) bedrooms. Four (4) paved parking spaces, a minimum of two (2) that shall be within a garage; and

d.

Five (5) or more bedrooms. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

The minimum dimensions for each garage parking space shall be ten and one-half (10.5) feet wide by twenty (20) feet deep while the minimum parking space dimensions for any other paved parking space is nine (9) feet wide by twenty (20) feet deep.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping requirements shall be as follows:

a.

Two (2) trees shall be located within the front yard or on the street side yard;

b.

Twenty-four (24) shrubs shall be located in the front yard or on the street side yard;

c.

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

d.

All plant material shall be consistent with Schedule J.

e.

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas;

f.

All landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

5.

Lighting standards and requirements. A minimum of two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. The special regulations as set forth herein shall apply within the RS-5 zoning district.

1.

Minimum district size. A zoning district map amendment to RS-5 shall include a minimum of five (5) acres of contiguous land unless the parcel, lot or tract is contiguous to land zoned RS-4 district or RS-5 district or unless the Planning and Zoning Board by majority vote and the City Commission find that a parcel, lot or tract which contains less than five (5) acres is suitable for a zoning district map amendment, in which case the minimum may be waived by the City Commission by four-fifths (⅘) vote.

3.1.3. Residential multi-family at five (5) dwelling units per gross acre (RM-5) zoning district. (Reserved)

3.1.4. Residential multi-family at eight (8) dwelling units per gross acre (RM-8) zoning district. (Reserved)

3.1.5. Residential multi-family at ten (10) dwelling units per gross acre (RM-10) zoning district. (Reserved)

3.1.6. Residential multi-family transitional at sixteen (16) dwelling units per gross acre (RT-16) zoning district.

A.

Purpose and intent. The purposes of the Residential multi-family transitional at sixteen (16) dwelling units per gross acre (RT-16) zoning district is to:

1.

Allow vacant commercial and light industrial lands and underutilized or obsolete commercial and light industrial uses to be developed or redeveloped with residential multi-family uses;

2.

Create a residential multi-family zoning district that mitigates the adverse impacts caused by the encroachment of the residential multi-family use into the surrounding commercial or light industrial zoned areas;

3.

Serve generally as a transitional zoning district between higher and lower intensity zoning districts and as an underlying residential zoning district for a Mixed Use Overlay zoning district; and

4.

Implement the recommendations of the Strategic Redevelopment Plan for SR-7 and the draft Citizen's Master Plan (Charette) for SR-7 which call for the development and redevelopment of areas zoned commercial and light industrial district with residential uses.

The RT-16 zoning district corresponds to the Medium (16) Residential, Local Activity Center and Transit Oriented Corridor future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following uses and structures are allowed within the RT-16 zoning district as a permitted use or structure:

1.

Single-family detached dwelling unit;

2.

Connected single-family dwelling unit;

3.

Two-family dwelling unit;

4.

Townhouse or rowhouse, but with no more than eight (8) dwelling units per building;

5.

Multifamily, attached dwellings;

6.

Open space, public park and buildings;

7.

Special Residential Facility, Category 1, subject to the standards and requirements set forth in Article III., Part 5.0.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Bicycle facilities and amenities, such as bike lane, bike rack and bike locker;

2.

Boat dock for non-motorized watercraft;

3.

Fences and walls;

4.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

5.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

6.

Light poles and fixtures;

7.

Parking facilities, such as a garage, driveway, parking lot and structure;

8.

Patio or screen enclosure;

9.

Pedestrian facilities and amenities, such as sidewalks, crosswalks, benches, and gazebos;

10.

Recreation facilities and amenities attendant to a development that is operated by a bonafide condominium or homeowners association, such as a club house, cabana, swimming pool and deck, Jacuzzi, water play area and equipment, basketball and tennis court, private golf course, tot lot, play houses and equipment, and similar recreation facilities and amenities;

11.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

12.

Signs, such as house address sign, entrance signs and wayfinding signs;

13.

Stormwater retention and detention facilities and appurtenances;

14.

Storage shed;

15.

Transit facility and amenities, such as bus shelter and bench;

16.

Utilities appurtenant to the development

17.

Vehicular facilities and amenities, such as accessways, driveways, roadways, and traffic calming improvements.

D.

Special exception uses and structures. The following uses and structures are allowed as a special exception use within the RT-16 district:

1.

Child care and adult day care subject to the standards and requirements set forth in Article III., Part 5.0.;

2.

Family day care, subject to the standards and requirements set forth in Article III., Part 5.0.;

3.

Home schooling;

4.

House of religious worship;

5.

Temporary use for club or commercial purposes of common recreational facilities attendant to a development that is operated by a bonafide condominium or homeowners association.

E.

Review and approval process.

1.

Where an approved site plan exists, all permitted and accessory uses and structures shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

2.

When an approved site plan does not exist, site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., shall be required.

3.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

Any unplatted lot or parcel shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Broward County Board of County Commissioners, and recording of the plat in the public records of Broward County, Florida.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Minimum lot frontage. The minimum lot street frontage is fifteen (15) linear feet but may be ten (10) linear feet if the lot is located on a curved portion of a street.

2.

Minimum lot area. The minimum lot size is one thousand two hundred fifty (1,250) square feet.

3.

Maximum lot coverage. The maximum lot coverage for a fee simple townhouse dwelling unit is ninety (90) percent; otherwise the maximum lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the twenty-five-year storm event. In no case shall any lot, except a townhouse lot, exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

[Minimum dwelling unit size.] The minimum dwelling unit size for a single-family detached dwelling unit is one thousand four hundred (1,400) square feet of living area, excluding garages, balconies, patios and other areas without air conditioning. The minimum dwelling unit living area size for other dwelling units is seven hundred (700) square feet for an efficiency, nine hundred (900) square feet for a one (1) bedroom unit, one thousand one hundred (1,100) square feet of living area for a two (2) bedroom unit, and one hundred fifty (150) square feet for each additional bedroom unit.

5.

Setbacks. The minimum building setbacks shall be established through the site plan or site plan modification process.

6.

Maximum building height. The maximum building height for:

a.

Single-family and connected dwelling units is two (2) stories or thirty (30) feet;

b.

Townhouse dwelling units is three (3) stories or thirty-five (35) feet;

c.

For all other residential multi-family dwelling units is six (6) stories or seventy-five (75) feet.

The maximum building height may not be allowed if the Department determines the maximum building height is not compatible with the surrounding uses.

7.

Maximum density. The maximum allowable density is sixteen (16) residential dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0., and Schedules I, J, K, L and M shall apply except as modified below

1.

Special treatment. If this zoning district is applied within an area that will be bounded on any side by land zoned Light Industrial district or any commercial zoned district, then this residential district must include a perimeter buffer zone to separate it from the abutting Light Industrial or commercial zoned districts. The buffer zone shall provide for a minimum eight (8) feet high masonry wall with a minimum five-foot wide landscaped and irrigated strip on both the inside and outside of the wall. The landscaped and irrigated strip on the inside of the wall shall include at least one (1) tree every forty-five (45) linear feet and a continuous hedge of at least thirty (30) inches in height at the time of the installation. The landscaped and irrigated strip on the outside of the wall shall include at least one (1) tree every sixty (60) linear feet and a continuous hedge of at least twenty-four (24) inches in height at the time of the installation.

2.

Access requirements. Property zoned RT-16 district shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access. The City Commission may waive the requirement for a dedicated public street in special situations where the City Commission finds the public safety, convenience and welfare can adequately be served. Such waiver, however, must assure the private access easement is available for fire, rescue, law enforcement, building and code enforcement and other emergency purposes.

3.

Off-street parking standards and requirements. The following resident and guest parking standards shall apply:

a.

Resident parking standard:

(1)

Three (3) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage.

(2)

Four (4) bedrooms or more. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

b.

Guest parking standard. In addition to the resident parking standard, the required guest parking standard is one (1) paved space for each two (2) dwelling units or fraction thereof. A single-family dwelling unit is exempted from this standard.

c.

Parking space standard. The minimum dimensions for each garage parking space shall be ten (10) feet wide by twenty (20) feet deep. The minimum parking space dimensions for any other resident parking space is nine (9) feet wide by eighteen (18) feet deep.

4.

Off-street loading standards and requirements. Off-street loading standards and requirements shall be determined through the site plan process.

5.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

6.

Landscaping and irrigation standards and requirements.

a.

Minimum landscaping and irrigation standards and requirements for a single-family and connected unit lot shall be as follows:

(1)

Two (2) trees shall be installed in the front yard or in the side yard.

(2)

Twenty-four (24) shrubs shall be installed in the front yard or on the side yard.

(3)

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

(4)

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, water body maintenance areas, and swale areas.

(5)

All landscaped areas shall be irrigated.

b.

Minimum landscaping and irrigation standards and requirements for a townhouse unit lot shall be as follows:

(1)

One (1) tree shall be installed on the lot.

(2)

Along each side building perimeter, one (1) tree and twenty (20) shrubs shall be installed.

(3)

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

(4)

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, water body maintenance areas, and swale areas.

(5)

All landscaped areas shall be irrigated.

c.

Minimum landscaping and irrigation standards and requirements for the common area shall be as follows:

(1)

One (1) tree shall be provided for each townhouse or multi-family unit;

(2)

All common areas not utilized for buildings, structures, roads, driveways, parking areas and other paved areas shall be covered with grass or ground cover and planted with trees and shrubs.

(3)

The property owner or property owner association shall provide for adequate maintenance of landscaping and irrigation within the common areas such as right-of-way or access easement areas, perimeter property line areas, water body maintenance areas, and swale areas.

d.

Minimum landscaping and irrigation standards and requirements along the perimeter property line shall include:

(1)

Where the property line abuts property zoned Light Industrial district or any commercial zoned district, the special treatment described herein in Sub-paragraph 3.1.6.G.1. shall apply.

(2)

Along all other perimeter property lines, there shall be a five (5) feet wide landscaped and irrigated strip with one (1) tree for every thirty-five (35) linear feet or fraction thereof and grass or ground cover.

e.

The minimum landscaping and irrigation standards and requirements along both sides of any public right-of-way or private access easement shall be one (1) tree for every forty (40) linear feet or fraction thereof and grass or ground cover.

7.

Lighting standards and requirements. The following are established:

a.

Single-family detached unit or connected unit. A minimum of two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling.

b.

Townhouse and other dwelling units. A minimum of two (2) lights, with one (1) affixed to the front and the other to the back.

8.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. The special regulations as set forth herein shall apply within the RT-16 zoning district.

1.

Minimum zoning district size. The minimum area that may be zoned RT-16 district is ten (10) acres, inclusive of areas required for public dedication. Notwithstanding the above, areas equal to or exceeding forty thousand (40,000) square feet may be zoned RT-16 district if such property abuts an existing RT-16 zoning district.

2.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the RMT-16 zoning district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

3.

Gateway or entranceway feature.

a.

A gateway or entranceway into a development is required. The gateway shall be compatible in size, shape, dimensions, texture, construction materials, colors and design with the overall residential development.

b.

Appropriate landscaping and irrigation shall be provided to enhance the gateway or entranceway feature.

4.

Building separation. The following separation standards shall apply:

a.

The minimum side to side building separation is a minimum of 12.93 linear feet;

b.

The minimum back to side building separation is twenty-five (25) linear feet.

c.

The minimum building separation for all other sides is twenty-five (25) linear feet.

5.

Perimeter property boundary setback. All buildings and structures must maintain a minimum setback of twenty-five (25) feet from the perimeter boundary of the site.

6.

Building relationship and design. Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear building elevations shall be consistent and compatible with the treatment applied to the front.

7.

Recreational amenities and open space. Common open space may be used for amenity or recreation purposes and must be suitably improved for its intended use. Recreational amenities must be ten (10) percent or more of the total square feet dedicated to residential uses. The following amenities shall be provided:

a.

Swimming pool and associated canopy or recreational water feature if a pool cannot be accommodated; and

b.

Air-conditioned club house with community conference/meeting room and with restrooms; and

c.

Playground with playground equipment and canopy shall be provided and incorporated into the overall design scheme of the development; and

d.

Barbeque areas with canopy; and

e.

Community gym equipped with weights and cardio equipment.

8.

Pedestrian facilities and amenities.

a.

There shall be an adequate amount of pedestrianways and landscaped space to limit pedestrian use of vehicular ways and to separate pedestrianways from general vehicular circulation.

b.

The location and design of pedestrian ways shall emphasize desirable views, provide convenient access and connectivity to dwelling units and development amenities, and connect to abutting public pedestrianways.

c.

A minimum eight (8) feet wide sidewalk shall be installed in public rights-of-way along an arterial road.

d.

A minimum five (5) feet wide sidewalk shall be installed in the right-of-way or access easement along one (1) side of the entrance or access road.

e.

A minimum four (4) feet wide sidewalk shall be installed in the public right-of-way or access easement along one (1) side of a service or internal roadway.

f.

There shall be a clearly delineated, safe paved pedestrian pathway at least four (4) feet wide connecting the entrance of each residential building to the building mailbox and guest parking area.

9.

Bicycle facilities and amenities. A bicycle rack, locker or shelter shall be provided in proximity to each recreational facility and each public transit shelter.

10.

Public transit facilities and amenities.

a.

Public transit facilities and amenities, such as bus bays, bus shelters and benches, shall be provided to serve an existing or proposed County public transit route when considered appropriate by the Broward County Mass Transit Division.

b.

If the Broward County Mass Transit Division does not consider it appropriate to provide public transit facilities and amenities to serve an existing or proposed County public transit route, the Planning and Zoning Department may require such facilities and amenities to serve an existing or proposed City community bus route.

11.

Roadways. Any accessway, driveway or roadway with a length exceeding one-eighth (⅛) of a mile shall be subject to the following standards and requirements:

a.

Traffic calming. The accessway, driveway or roadway shall contain traffic calming features to enhance safety by slowing down vehicular traffic. Such traffic calming features may include roundabouts, narrowing of lane widths, change in materials, and other similar proven features.

b.

Landscaping and irrigation. Appropriate landscaping and irrigation shall be provided to enhance the traffic calming feature.

12.

Unified common area control. Any common area property proposed for inclusion within the RT-16 zoning district shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporation). Any zoning district map amendment, site plan, or site plan modification application shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the common area within the RT-16 zoning district.

3.1.7. Residential multi-family at eighteen (18) dwelling units per gross acre (RM-18) zoning district. (Reserved)

3.1.8. Residential multi-family at twenty-two (22) dwelling units per gross acre (RM-22) zoning district.

A.

Purpose and intent. The purpose of the residential multi-family at twenty-two (22) dwelling units per gross acre (RM-22) zoning district is to:

1.

Provide a zoning district that allows more than eighteen (18) dwelling units per gross acre and up to twenty-two (22) dwelling units per gross acre; and

2.

Allow within a community redevelopment area for single-family dwelling units to be constructed based on the residential single-family at five (5) dwelling units per gross acre (RS-5) development standards.

The RM-22 zoning district is intended to be applied to areas within one-quarter (¼) mile radius of an arterial or collector roadway that is served by a Broward County Mass Transit route. It also is intended to serve as an underlying residential zoning district for a Mixed Use Overlay zoning district. The RM-22 zoning district corresponds to the Medium (25) Residential, Local Activity Center, Transit Oriented Corridor and Transit Oriented Development future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the RM-22 district as a permitted use at a density of no more than twenty-two (22) dwelling units per gross acre:

1.

One-family detached dwellings;

2.

Townhouses, rowhouses and connected dwelling units;

3.

Family day care home subject to the special regulations in Article III., Part 5.0.;

4.

Multi-family attached dwelling units;

5.

Live entertainment (indoors) subject to the special regulations in Article III., Part 5.0.;

6.

Special residential facility, Categories 1 and 2, subject to the standards and requirements set forth in these Land Development Regulations, and the special regulations in Article III., Part 5.0; and

7.

House of religious worship and their attendant educational, nursery, Sunday school, and recreational, facilities. The foregoing does not allow establishment of educational and care uses, such as an elementary school and a child care facility; however, such uses may be established through a separate special exception use approval or a zoning district map amendment to community facility zoning district.

C.

Accessory uses and structures. The following uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Essential utilities;

6.

Fences and walls;

7.

Garage;

8.

Greenhouse;

9.

Home occupations, subject to the special regulations set forth in Article III., Part 5.0.;

10.

Home schooling;

11.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

12.

Maintenance building for storage of vehicles and equipment solely attendant to the development;

13.

Mobile vehicular washing and detailing, subject to the special regulations in Article III., Part 6.0.;

14.

Recreation facilities attendant to a development (such as club house, exercise area, private golf course, tennis courts, and swimming pools and amenities) that is operated by a bona fide condominium or homeowners association or management company;

15.

Refuse area, subject to the special regulations set forth in Article III., Part 5.0.;

16.

Signs, such as building and unit address signs; and

17.

Transportation facilities and amenities, such as accessways, driveways, surface and structured parking areas, sidewalks, crosswalks, pedestrian paths, greenways, bicycle racks and lockers.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the RM-22 district:

1.

Childcare, day;

2.

Mixed use, provided it is located within a Mixed Use Overlay Zoning District or a SmartCode Transect.

E.

Review and approval process.

1.

Single-family and accessory uses shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

2.

Multiple-family uses and structures shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Site Plan.

3.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

Any lot or parcel that is not platted but that requires platting shall require preliminary plat approval by the Planning and Zoning Board and final plat approval by both the City Commission and the Broward County Board of County Commissioners.

E.[F.]

Development standards. The development standards as set forth herein shall apply. For single-family detached units, the RS-5 development standards shall apply.

1.

Lot frontage. The minimum street frontage is one hundred (100) linear feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is twelve thousand (12,000) square feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the twenty-five (25) year, three (3) year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum dwelling unit size. The minimum dwelling unit size is:

a.

Seven hundred (700) square feet for an efficiency;

b.

Nine hundred (900) square feet for a one-bedroom unit;

c.

One thousand one hundred (1,100) square feet for a two-bedroom unit; and

d.

One hundred fifty (150) square feet for each additional unit.

5.

Setbacks.

a.

Front. The minimum front setback is thirty (30) feet or one (1) times the building height, whichever is greater.

b.

All other setbacks. The minimum rear, side and streetside setback is one (1) times the building height.

6.

Height. The maximum building height is eight (8) stories or one hundred (100) feet

7.

Density. The maximum residential density is twenty-two (22) dwelling units per gross acre.

F.[G.]

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0. shall apply except as modified herein. For single-family detached units, the RS-5 supplemental district regulations shall apply.

1.

Access requirements. Each lot zoned RM-22 shall have vehicular access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access. Vehicular and pedestrian cross-access to abutting properties shall be provided to the maximum extent feasible.

2.

Off-street parking standards and requirements. The following parking standards shall apply:

a.

Efficiency and one-bedroom units. One and one-half (1½) paved parking spaces for existing units and two (2) parking spaces for newly constructed units.

b.

Two-bedroom units. Two (2) paved parking spaces for existing units and two and one-half (2½) paved parking spaces for new units.

c.

Three-bedroom units. Two (2) paved parking spaces for existing units and three and one-half (3½) parking spaces for newly constructed units.

d.

Each additional bedroom. One (1) paved parking space for each additional bedroom.

The parking credits set forth in Article III., Part 6.0., Section 6.5. are available for qualifying residential developments.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping and irrigation standards and requirements shall be as set forth in Article III., Part 6.0. and Schedule J.

5.

Lighting standards and requirements. A minimum of two (2) lights shall be affixed to the front of each building and one (1) light affixed to the rear and each building side. At least one (1) light shall be affixed to the front and rear of each dwelling unit. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwellings and structures must be consistent with the paint standards and requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

G.[H.]

Special regulations. The special regulations as set forth herein shall apply within the RM-22 zoning district.

1.

Minimum district size. A zoning district map amendment to RM-22 shall include a minimum of three (3) acres of contiguous land unless the parcel, lot or tract is contiguous to land zoned RM-22 district, RM-22 district or C-3 district unless the Planning and Zoning Board by majority vote and the City Commission find that a parcel, lot or tract which contains less than three (3) acres is suitable for a zoning district map amendment, in which case the minimum may be waived by the City Commission by four-fifths (⅘) vote.

2.

Tot lots and recreational areas shall be a feature of all new housing developments that have a condominium or homeowners association that must care for retention areas, private areas or streets, or common areas.

3.

Public transit facilities and amenities or connections to such facilities and amenities shall be a feature of all residential developments.

3.1.9. Residential multi-family at twenty-five (25) dwelling units per gross acre (RM-25) zoning district.

A.

Purpose and intent. The purpose of the Residential multi-family at twenty-five (25) dwelling units per gross acre (RM-25) zoning district is to provide a zoning district that allows more than twenty-two (22) dwelling units per gross acre and up to twenty-five (25) dwelling units per gross acre. The RM-25 zoning district is intended to be applied to areas within one-quarter (¼) mile radius of an arterial or collector roadway that is served by a Broward County Mass Transit route. It also is intended to serve as an underlying residential zoning district for a Mixed Use Overlay zoning district. The RM-25 zoning district corresponds to the Medium (25) Residential, Local Activity Center, Transit Oriented Corridor and Transit Oriented Development future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the RM-25 district as a permitted use:

1.

Single-family detached dwellings;

2.

Townhouses, rowhouses and connected dwelling units;

3.

Multi-family attached dwelling units;

4.

Open space;

5.

Live entertainment (indoors);

6.

Special residential facility, subject to the standards and requirements set forth in these Land Development Regulations, and the special regulations in Article III., Part 5.0.;

7.

Mixed use, provided it is located within the Mixed Use Overlay zoning district;

8.

House of religious worship and their attendant educational, nursery, Sunday school, and recreational, facilities. The foregoing does not allow establishment of educational and care uses, such as an elementary school and a child care facility; however, such uses may be established through a separate special exception use approval or a zoning district map amendment to community facility zoning district.

C.

Accessory uses and structures. The following uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Fences and walls;

6.

Garage;

7.

Greenhouse;

8.

Home occupations, subject to the special regulations set forth in Article III., Part 5.0.;

9.

Home schooling;

10.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

11.

Maintenance building for storage of vehicles and equipment solely attendant to the development;

12.

Mobile vehicular washing and detailing, subject to the special regulations in Article III., Part 6.0;

13.

Recreation facilities attendant to a development (such as club house, exercise area, private golf course, tennis courts, and swimming pools and amenities) that is operated by a bona fide condominium or homeowners association or management company;

14.

Refuse area, subject to the special regulations set forth in Article III., Part 5.0.;

15.

Signs, such as building and unit address signs;

16.

Transportation facilities and amenities, such as accessways, driveways, surface and structured parking areas, sidewalks, crosswalks, pedestrian paths, greenways, bicycle racks and lockers;

17.

Utilities, incidental to the development.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the RM-25 district:

1.

Child care, nursery school and adult day care;

2.

Private or public primary or secondary school;

3.

Temporary use for club or commercial purposes of common recreational facilities attendant to a development that is operated by a bona fide condominium association or management company.

E.

Review and approval process.

1.

Single-family and accessory uses shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

2.

Multiple-family uses and structures shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Site Plan.

3.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

Any lot or parcel that is not platted but that requires platting shall require preliminary plat approval by the Planning and Zoning Board and final plat approval by both the City Commission and the Broward County Board of County Commissioners.

F.

Development standards. The development standards as set forth herein shall apply. For single-family detached units, the RS-5 development standards shall apply.

1.

Lot frontage. The minimum street frontage is one hundred (100) linear feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is twelve thousand (12,000) square feet; however, within residential areas subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area which is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings which set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use which causes the need for the on-site retention system. The system must be designed to retain on-site the twenty-five-year, three-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum dwelling unit size. The minimum dwelling unit size is:

a.

Seven hundred (700) square feet for an efficiency;

b.

Nine hundred (900) square feet for a one (1) bedroom unit;

c.

One thousand one hundred (1,100) square feet for a two (2) bedroom unit; and

d.

One hundred fifty (150) square feet for each additional unit.

5.

Setbacks.

a.

Front. The minimum front setback is thirty (30) feet or one (1) times the building height, whichever is greater.

b.

All other setbacks. The minimum rear, side and street-side setback is one (1) times the building height.

6.

Height. The maximum building height is eight (8) stories or one hundred (100) feet.

7.

Density. The maximum residential density is twenty-five (25) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0. shall apply except as modified herein. For single-family detached units, the RS-5 supplemental district regulations shall apply.

1.

Access requirements. Each lot zoned RM-25 shall have vehicular access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access. Vehicular and pedestrian cross-access to abutting properties shall be provided to the maximum extent feasible.

2.

Off-street parking standards and requirements. The following parking standards shall apply:

a.

Efficiency and one (1) bedroom units. One and one-half (1½) paved parking spaces for existing units and two (2) parking spaces for newly constructed units.

b.

Two (2) bedroom units. Two (2) paved parking spaces for existing units and two and one-half (2½) paved parking spaces for new units.

c.

Three (3) bedroom units. Two (2) paved parking spaces for existing units and three and one-half (3½) parking spaces for newly constructed units.

d.

Each additional bedroom. One (1) paved parking space for each additional bedroom.

The parking credits set forth in Article III., Part 6.0., Section 6.5. are available for qualifying residential developments.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping and irrigation standards and requirements shall be as set forth in Article III., Part 6.0. and Schedule J.

5.

Lighting standards and requirements. A minimum of two (2) lights shall be affixed to the front of each building and one (1) light affixed to the rear and each building side. At least one (1) light shall be affixed to the front and rear of each dwelling unit. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwellings and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. The special regulations as set forth herein shall apply within the RM-25 zoning district.

1.

Minimum district size. A zoning district map amendment to RM-25 shall include a minimum of three (3) acres of contiguous land unless the parcel, lot or tract is contiguous to land zoned RM-22 district, RM-25 district or C-3 district unless the Planning and Zoning Board by majority vote and the City Commission find that a parcel, lot or tract which contains less than three (3) acres is suitable for a zoning district map amendment, in which case the minimum may be waived by the City Commission by four-fifths (⅘) vote.

2.

Tot lots and recreational areas shall be a feature of all new housing developments that have a condominium or homeowners association that must care for retention areas, private areas or streets, or common areas.

3.

Public transit facilities and amenities or connections to such facilities and amenities shall be a feature of all residential developments.

3.1.10. Residential multi-family at forty-five (45) dwelling units per gross acre (RM-45) zoning district. (Reserved)

3.1.11. Residential multi-family at fifty (50) dwelling units per gross acre (RM-50) zoning district. (Reserved)

3.1.12. Residential single family annexed at four (4) dwelling units per gross acre (RS-4A).

A.

Purpose and intent. The purposes of the Residential Single-family Annexed at four (4) dwelling units per gross acre (RS-4A) zoning district is:

1.

To provide for those newly annexed areas zoned Broward County Residential Single-Family at four (4) dwelling units per gross acre (RS-4) district a City residential single-family zoning district that is similar to the County zoning district in development standards but similar to the City's zoning district in land uses and other Land Development Regulations;

2.

To protect those newly annexed areas where the traditional single-family detached residence has been established and maintained from the unwarranted intrusion of other inappropriate land uses and structures; and

3.

To restrict the application of this zoning district on the Zoning District Map only to the areas commonly known as Broward Estates and St. George.

The RS-4A zoning district corresponds to and is intended to implement the Low (5) Residential future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the RS-4A zoning district as a permitted use or structure:

1.

Single-family residential dwelling unit, detached;

2.

Special residential facility, Category 1 subject to state law and the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.; and

3.

Essential services and utilities.

C.

Accessory uses and structures. The following types of uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Driveways;

6.

Family home day care, pursuant to the standards and requirements set forth in Article I;

7.

Fences and walls;

8.

Garage and carport;

9.

Garage or yard sales;

10.

Greenhouse;

11.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

12.

Home schooling;

13.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

14.

Lighting facilities;

15.

Owner home rental;

16.

Pedestrian paths, such as sidewalks, walkways

17.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

18.

Signs, such as house address sign;

19.

Storage shed and workshop;

20.

Swimming pool and cover, pool deck, and similar structures; and

21.

Transportation corridor facilities and amenities, such as electronic traffic signals and their support structures, and informational and traffic signs; bicycle racks and lockers; public transit shelters, benches, kiosks; pedestrian crosswalks, lighted bollocks and poles; and similar facilities and amenities.

D.

Special exception uses and structures allowed. The following types of uses and structures are allowed as special exception uses within the RS-4A zoning district:

1.

Construction trailer;

2.

Primary and secondary school; and

3.

Temporary real estate sales office consistent with Article VII., Section 8.

E.

Review and approval process. It is unlawful and a violation of these Land Development Regulations or Code of Ordinances or both to operate a land use or undertake development activities before receipt of all required development orders, permits and licenses. The review and approval process is summarized below.

1.

New single-family construction, material exterior alterations to existing single-family construction (e.g., a carport or garage enclosure), decorative lot (e.g. sculptures and fountains) and landscape improvements shall require Community Appearance Committee approval.

2.

Wall and fence improvements, pavement related improvements (such as sidewalks, driveways, and patios) and applicable Florida Building Code improvements shall require building permit approval by the Chief Building Official and other designated officials.

3.

A zoning district map amendment to add the RS-4A zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission.

4.

All other new construction shall require site plan approval by the Planning and Zoning Board and exterior alterations to other existing buildings shall require site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

5.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 3.0., Special Exception Use.

6.

Any lot or parcel that is not platted shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Board of County Commissioners of Broward County, Florida, and recording of the plat in the public records of Broward County, Florida.

7.

The Owner of a dwelling unit is prohibited from renting the unit unless the Owner has first obtained from the Finance Department a local business tax receipt for the rental of such unit.

F.

Development standards. The development standards as set forth herein shall apply within the RS-4A zoning district.

1.

Lot frontage. The minimum lot street frontage is seventy-five (75) linear feet. Within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is seven thousand five hundred (7,500) square feet; however, within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit notwithstanding the minimum lot size.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area that is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings that set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use that causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, 3-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum building size. The minimum dwelling unit size for an existing dwelling unit is eight hundred (800) square feet; however, the minimum dwelling units size for any newly constructed unit is one thousand four hundred (1,400) square feet of living area, excluding garages and patios.

5.

Setbacks.

a.

Front. The minimum front setback is twenty-five (25) feet.

b.

Rear. The minimum rear setback is fifteen (15) feet; however, the rear setback is five (5) feet when the rear property line abuts a canal or lake with a minimum right-of-way width of twenty-five (25) feet.

c.

Side. The minimum side setback is seven and one-half (7.5) feet.

d.

Street side. The minimum side setback is fifteen (15) feet from a street or dedicated waterway.

6.

Height. The maximum building height is two-stories or thirty-five (35) feet, whichever is less.

7.

Density. The maximum residential density is four (4) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and Schedules I., J. and L shall apply except to the extent the below provisions are in direct conflict with such regulations.

1.

Access. Each residential dwelling unit and other allowed land use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The City shall be allowed access onto privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services and to generally ensure the health and safety of the residents of the development.

2.

Parking standards and requirements. For an existing dwelling unit at least two on-site paved parking spaces shall be provided, one of which may be located within a garage. The following parking standards shall apply to new dwelling unit construction and the addition of a new bedroom, including garage and carport conversion:

a.

Two (2) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage;

b.

Three (3) bedrooms. Three (3) paved parking spaces, a minimum of one (1) that shall be within a garage;

c.

Four (4) bedrooms. Four (4) paved parking spaces, a minimum of two (2) that shall be within a garage; and

d.

Five (5) or more bedrooms. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

The minimum dimensions for each garage parking space shall be ten and one-half (10.5) feet wide by twenty (20) feet deep while the minimum parking space dimensions for any other paved parking space is nine (9) feet wide by twenty (20) feet deep.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping standards and requirements in the LDR shall apply except as modified herein:

a.

A minimum of three (3) trees of two (2) different species and ten (10) shrubs shall be planted or a minimum of two (2) trees and twenty-four shrubs shall be located in the front yard or on the street side yard; the entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable; all plant material shall be consistent with Schedule J; the property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas; all landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

b.

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

c.

All plant material shall be consistent with Schedule J.

d.

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas.

e.

All landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

5.

Lighting standards and requirements. At least two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. [Reserved].

3.1.13. Residential single family annexed at five (5) dwelling units per gross acre (RS-5A).

A.

Purpose and intent. The purposes the Residential Single-family Annexed at five (5) dwelling units per gross acre (RS-5A) zoning district is:

1.

To provide for those newly annexed areas zoned Broward County Residential Single-Family 5 (RS-5) district a City residential single-family zoning district that is similar to the County zoning district in development standards but similar to the City's zoning district in land uses and other Land Development Regulations;

2.

To protect those newly annexed areas where the traditional single-family detached residence has been established and maintained from the unwarranted intrusion of other inappropriate uses and structures; and

3.

To restrict the application of this zoning district on the Zoning District Map only to the areas commonly known as Broward Estates, St. George and West Ken Lark.

The RS-5A zoning district corresponds to and is intended to implement the Low (5) Residential future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the RS-5A zoning district as a permitted use or structure:

1.

Single-family residential dwelling unit, detached;

2.

Special residential facility, Category 1 subject to the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.; and

3.

Essential services and utilities.

C.

Accessory uses and structures. The following types of uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock and ramp;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Driveways;

6.

Essential services and utilities;

7.

Family home day care, pursuant to the standards and requirements set forth in Article III, Part 5.0.;

8.

Foster care home;

9.

Fences and walls;

10.

Garage and carport;

11.

Garage or yard sales;

12.

Greenhouse;

13.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

14.

Home schooling;

15.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

16.

Lighting facilities;

17.

Pedestrian paths, such as sidewalks, walkways

18.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

19.

Rental, single-family dwelling;

20.

Screened patio or room;

21.

Signs, such as house address sign;

22.

Storage shed and workshop;

23.

Swimming pool and cover, pool deck, and similar structures; and

24.

Transportation corridor facilities and amenities, such as electronic traffic signals and their support structures, and informational and traffic signs; bicycle racks and lockers; public transit shelters, benches, kiosks; pedestrian crosswalks, lighted bollocks and poles; and similar facilities and amenities.

D.

Special exception uses and structures allowed. The following types of uses and structures are allowed as special exception uses within the RS-5A zoning district:

1.

Construction trailer;

2.

Primary and secondary school, public;

3.

Primary and secondary, charter and private; and

4.

Temporary real estate sales office consistent with Article VII., Section 8.

E.

Review and approval process. It is unlawful and a violation of these Land Development Regulations or Code of Ordinances or both to operate a land use or undertake development activities before receipt of all required development orders, permits and licenses. The review and approval process is summarized below.

1.

New single-family construction, material exterior alterations to existing single-family construction (e.g., a carport or garage enclosure), decorative lot (e.g. sculptures and fountains) and landscape improvements shall require Community Appearance Committee approval.

2.

Wall and fence improvements, pavement related improvements (such as sidewalks, driveways, and patios) and applicable Florida Building Code improvements shall require building permit approval by the Chief Building Official and other designated officials.

3.

A zoning district map amendment to add the RS-5A zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission.

4.

All other new construction shall require site plan approval by the Planning and Zoning Board and exterior alterations to other existing buildings shall require site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

5.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 3.0., Special Exception Use.

6.

Any lot or parcel that is not platted shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Board of County Commissioners of Broward County, Florida, and recording of the plat in the public records of Broward County, Florida.

7.

The Owner of a single-family, duplex, triplex or quadraplex dwelling is prohibited from renting a unit unless the Owner has first obtained from the Finance Department an Local Business Tax Receipt for the rental of such unit.

F.

Development standards. The development standards as set forth herein shall apply within the RS-5A zoning district.

1.

Lot frontage. The minimum lot street frontage is sixty (60) linear feet. Within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is six thousand (6,000) square feet; however, within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit notwithstanding the minimum lot size.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area that is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings that set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use that causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, 3-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum building size. The minimum dwelling unit size for an existing dwelling unit is eight hundred (800) square feet; however, the minimum dwelling units size for any newly constructed unit is one thousand four hundred (1,400) square feet of living area, excluding garages and patios.

5.

Setbacks.

a.

Front. The minimum front setback is twenty-five (25) feet.

b.

Rear. The minimum rear setback is fifteen (15) feet; however, the rear setback is five (5) feet when the rear property line abuts a canal or lake with a minimum right-of-way width of twenty-five (25) feet.

c.

Side. The minimum side setback is seven and one-half (7.5) feet.

d.

Street side. The minimum side setback is fifteen (15) feet from a street or dedicated waterway.

6.

Height. The maximum building height is two-stories or thirty-five (35) feet, whichever is less.

7.

Density. The maximum residential density is five (5) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and Schedules I., J. and L shall apply except to the extent the below provisions are in direct conflict with such regulations.

1.

Access. Each residential dwelling unit and other allowed land use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The City shall be allowed access onto privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services and to generally ensure the health and safety of the residents of the development.

2.

Parking standards and requirements. For an existing dwelling unit at least two on-site paved parking spaces shall be provided, one of which may be located within a garage. The following parking standards shall apply to new dwelling unit construction and the addition of a new bedroom, including garage and carport conversion:

a.

Two (2) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage;

b.

Three (3) bedrooms. Three (3) paved parking spaces, a minimum of one (1) that shall be within a garage;

c.

Four (4) bedrooms. Four (4) paved parking spaces, a minimum of two (2) that shall be within a garage; and

d.

Five (5) or more bedrooms. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

The minimum dimensions for each garage parking space shall be ten and one-half (10.5) feet wide by twenty (20) feet deep while the minimum parking space dimensions for any other paved parking space is nine (9) feet wide by twenty (20) feet deep.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping standards and requirements in the LDR shall apply except as modified herein:

a.

A minimum of three (3) trees of two (2) different species and ten (10) shrubs shall be planted or a minimum of two (2) trees and twenty-four shrubs shall be located in the front yard or on the street side yard; the entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable; all plant material shall be consistent with Schedule J; the property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas; all landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

b.

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

c.

All plant material shall be consistent with Schedule J.

d.

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas.

e.

All landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

5.

Lighting standards and requirements. At least two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. [Reserved].

3.1.14. Residential office zoning district.

A.

Purpose and intent. The purposes of the residential office (RO) zoning district are:

1.

To establish a new residential zoning district for the area generally located south of NW 12th Street and east of NW 41st Terrace; and

2.

To allow as permitted uses child care and office uses which will meet needs of the neighborhood consistent with the physical appearance of the neighborhood.

The intent of the RO zoning district is to be consistent with and implement the Low (5) Residential and Transit Oriented Corridor future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the RO zoning district as a permitted use or structure:

1.

Single-family residential dwelling unit, detached;

2.

Special residential facility, Category 1 subject to State law and the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.;

3.

Professional offices, such as accountants, architects, attorneys, engineers, landscape architects, and interior designers;

4.

Medical and dental offices, such as chiropractors, dentists, opticians, optometrists, osteopaths, physicians, psychologists, and surgeons; and

5.

Childcare, pre-school, and tutoring services.

C.

Accessory uses and structures. The following types of uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bird aviary;

2.

Boat dock;

3.

Children's play equipment and play houses;

4.

Dog house and dog run;

5.

Driveways;

6.

Essential services and utilities;

7.

Family day care home, pursuant to the child care standards and requirements set forth in Article III, Part 5.0.;

8.

Fences and walls;

9.

Garage and carport;

10.

Garage or yard sales;

11.

Greenhouse;

12.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

13.

Home schooling, but only for occupant children;

14.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

15.

Lighting facilities;

16.

Owner home rental;

17.

Pedestrian paths, such as sidewalks, walkways;

18.

Recreation facilities attendant to a subdivision that is operated by a bona fide homeowners association, such as club house, exercise area, private golf course, tennis courts, and swimming pools and amenities;

19.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

20.

Signs, such as house address sign;

21.

Storage shed and workshop;

22.

Swimming pool and cover, pool deck, and similar structures;

23.

Transportation corridor facilities and amenities, such as electronic traffic signals and their support structures, and informational and traffic signs; bicycle racks and lockers; public transit shelters, benches, kiosks; pedestrian crosswalks, lighted bollocks and poles; and similar facilities and amenities; and

24.

Utilities, incidental to the development.

D.

Special exception uses and structures allowed. The following types of uses and structures are allowed as special exception uses within the RO zoning district:

1.

House of religious worship and their attendant educational, nursery, Sunday school, and recreational, facilities. The foregoing does not allow establishment of educational and care uses, such as an elementary school and a child care facility; however, such uses may be established through a separate special exception use approval or a zoning district map amendment to Community Facility zoning district;

2.

Private club, lodge hall, fraternal organization;

3.

Temporary real estate sales office consistent with Article VII., Section 8.

E.

Review and approval process. It is unlawful and a violation of these Land Development Regulations or Code of Ordinances or both to operate a land use or undertake development activities before receipt of all required development orders, permits and licenses. The review and approval processes are summarized below.

1.

Painting any residential building or structure or both requires building permit approval of the colors from the Building Division unless painted white.

2.

New single-family construction, material exterior alterations to existing single-family construction (e.g., a carport or garage enclosure), decorative lot (e.g. sculptures and fountains) and landscape improvements shall require development order approval from the Community Appearance Committee approval.

3.

Wall and fence improvements, pavement related improvements (such as sidewalks, driveways, and patios) and applicable Florida Building Code improvements shall require building permit approval from the Building Division.

4.

A zoning district map amendment to add the RO zoning district shall require a recommendation from the Planning and Zoning Board and development order approval by majority vote of the City Commission.

5.

All other new construction shall require site plan development order approval from the Planning and Zoning Board and exterior alterations to existing buildings shall require site plan modification development order approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

6.

A special exception use development order must be approved or approved with conditions by supermajority vote of the City Commission pursuant to Article IV., Development Review Requirements, Part 3.0., Special Exception Use.

7.

Any lot or parcel that is not platted shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Board of County Commissioners of Broward County, Florida, and recording of the plat in the public records of Broward County, Florida.

8.

The owner of a single-family, duplex, triplex or quadraplex dwelling seeking to rent a unit shall require occupational license approval for each unit rented from the Finance Department.

F.

Development standards. The development standards as set forth herein shall apply within the RO zoning district.

1.

Lot frontage. The minimum lot street frontage is sixty (60) linear feet. Within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit.

2.

Lot area. The minimum lot size is six thousand (6,000) square feet; however, within residential areas platted or subdivided before June 11, 1990, the effective date of these Land Development Regulations, a lot of record may be developed with a single-family dwelling unit notwithstanding the minimum lot size.

3.

Lot coverage. The maximum impervious area lot coverage is forty (40) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area that is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings that set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the City Engineer prior to the issuance of a building permit for the use that causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, three-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Minimum building size. The minimum dwelling unit size for an existing dwelling unit is eight hundred (800) square feet; however, the minimum dwelling units size for any newly constructed unit is one thousand four hundred (1,400) square feet of living area, excluding garages and patios.

5.

Setbacks.

a.

Front. The minimum front setback is twenty-five (25) feet.

b.

Rear. The minimum rear setback is fifteen (15) feet; however, the rear setback is five (5) feet when the rear property line abuts a canal or lake with a minimum right-of-way width of twenty-five (25) feet.

c.

Side. The minimum side setback is seven and one-half (7½) feet.

d.

Street side. The minimum side setback is fifteen (15) feet from a street or dedicated waterway.

6.

Height. The maximum building height is two (2) stories or thirty-five (35) feet, whichever is less.

7.

Density. The maximum residential density is five (5) dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and Schedules I and J. shall apply except as modified herein.

1.

Access requirement. Each lot zoned RO shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access.

2.

Off-street parking standards and requirements. For an existing dwelling unit at least two (2) on-site paved parking spaces shall be provided, one (1) of which may be located within a garage. The following parking standards shall apply to new dwelling unit construction and the addition of a new bedroom, including garage and carport conversion:

a.

Two (2) bedrooms or less. Two (2) paved parking spaces, a minimum of one (1) that shall be within a garage;

b.

Three (3) bedrooms. Three (3) paved parking spaces, a minimum of one (1) that shall be within a garage;

c.

Four (4) bedrooms. Four (4) paved parking spaces, a minimum of two (2) that shall be within a garage; and

d.

Five (5) or more bedrooms. One (1) paved parking space for each bedroom, a minimum of fifty (50) percent which shall be within a garage for dwelling units with an even number of bedrooms and fifty (50) percent minus one (1) which shall be within a garage for dwelling units with an odd number of bedrooms.

The minimum dimensions for each garage parking space shall be ten and one-half (10½) feet wide by twenty (20) feet deep while the minimum parking space dimensions for any other paved parking space is nine (9) feet wide by twenty (20) feet deep.

3.

Sign standards and requirements. All dwelling units shall display their street address, in numerals or letters, or both, not less than three (3) inches in height. Said street address shall be displayed on the dwelling so that said numerals and letters shall be visible from the street or right-of-way upon which said dwelling faces at all times.

4.

Landscaping and irrigation standards and requirements. The minimum landscaping requirements shall be as follows:

a.

Three (3) trees of two (2) different species shall be located within the front yard or on the street side yard;

b.

Twenty-four (24) shrubs shall be located in the front yard or on the street side yard;

c.

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable;

d.

All plant material shall be consistent with Schedule J;

e.

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, canal maintenance areas and swale areas;

f.

All landscaped areas shall be irrigated, unless otherwise provided elsewhere herein.

5.

Lighting standards and requirements. A minimum of two (2) lights shall be affixed to the front of the dwelling and a least one (1) light shall be affixed to the rear of the dwelling. It shall be prohibited for the lighting system to create light trespass or spillover or glare to any abutting property.

6.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Further, all dwelling and structures must be consistent with the paint standards an requirements in Land Development Regulations Article III., Part 6.0., Section 6.11.

H.

Special regulations. The special regulations as set forth herein shall apply within the RO zoning district.

1.

Physical appearance. The design of buildings shall be residential in character and shall be in harmony with surrounding land uses, including structures, height, elevations, building materials, colors and landscaping.

3.1.15. Residential multi-family at forty (40) dwelling units per gross acre (RM-40) zoning district.

A.

Purpose and intent. The purposes of the residential multi-family at forty (40) dwelling units per gross acre (RM-40) zoning district is to:

1.

Allow vacant commercial and light industrial lands and underutilized or obsolete commercial and light industrial uses to be developed or redeveloped with residential multi-family uses;

2.

Provide for market rate housing;

3.

Allow limited commercial uses as accessory to the residential uses;

4.

Encourage the most appropriate use and re-use of land and water by providing a zoning district with flexible development standards; and

5.

Implement the recommendations of the Strategic Redevelopment Plan for SR-7 and the Citizen's Master Plan (Charette) for SR-7 which call for the development and redevelopment of some areas zoned commercial and light industrial district with residential uses.

The RM-40 zoning district corresponds to the transit oriented corridor future land use designation in the future land use element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following uses and structures are allowed within the RM-40 zoning district as a permitted use or structure:

1.

Essential services and utilities;

2.

Live entertainment (indoors);

3.

Townhouse or rowhouse, but with no more than eight (8) dwelling units per building;

4.

Public park and buildings, open space;

5.

House of religious worship and their attendant educational, nursery, Sunday school, and recreational, facilities. The foregoing does not allow establishment of educational and care uses, such as an elementary school and a child care facility; however, such uses may be established through a separate special exception use approval or a zoning district map amendment to community facility zoning district; and

6.

Live-work units.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Bicycle facilities and amenities, such as bike lane, bike rack and bike locker;

2.

Boat dock for non-motorized watercraft;

3.

Commercial uses limited to neighborhood retail sales, restaurants, restaurant bars, and personal services not to exceed one thousand (1,000) square feet per gross residential density provided the minimum residential development density is 30 dwelling units per gross acre;

4.

Fences and walls;

5.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

6.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

7.

Light poles and fixtures;

8.

Parking structures, such as a garage, driveway, parking lot and structure;

9.

Patio or screen enclosure;

10.

Pedestrian facilities and amenities, such as sidewalks, crosswalks, benches, and gazebos;

11.

Recreation facilities and amenities attendant to a development that is operated by a bonafide condominium or homeowners association or on-site management, such as a club house, cabana, swimming pool and deck, jacuzzi, water play area and equipment, basketball and tennis court, tot lot, play houses and equipment, and similar recreation facilities and amenities;

12.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

13.

Signs, such as building and unit address sign, entrance signs and wayfinding signs;

14.

Stormwater retention and detention facilities and appurtenances;

15.

Storage structure;

16.

Transit facility and amenities, such as bus shelter and bench; and

17.

Vehicular facilities and amenities, such as accessways, driveways, roadways, traffic calming improvements, and self-service car wash and vacuum stations.

D.

Special exception uses and structures. The following uses and structures are allowed as a special exception use within the RM-40 district:

1.

Adult day care subject to the standards and requirements set forth in Article III., Part 5.0.;

2.

Child care subject to the standards and requirements set forth in Article III., Part 5.0.; and

3.

Multifamily dwelling units, attached.

E.

Review and approval process.

1.

In established structures, permitted uses shall be allowed upon application, approval and issuance of a certificate of use (COU).

2.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., special exception use.

3.

A Zoning District Map amendment to the RM-40 zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission present at a public hearing consistent with Article IV., Part 2.0.

4.

Where an approved site plan exists, all permitted and accessory uses and structures shall be allowed upon initial approval by the Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

5.

When an approved site plan does not exist, site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., shall be required.

6.

Any unplatted lot or parcel shall require review by the Development Review Committee, preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Broward County Board of County Commissioners, and recording of the plat in the public records of Broward County, Florida.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Minimum lot frontage. The minimum lot street frontage shall be determined through the site plan or site plan modification process.

2.

Minimum lot area. The minimum lot size shall be determined through the site plan or site plan modification process.

3.

Maximum lot coverage. To encourage the transition from suburban to urban and to encourage urban development, the maximum lot coverage shall be determined through the site plan process. Notwithstanding, adequate stormwater facilities and systems shall be provided so that the removal of stormwater will not adversely affect adjacent streets and properties or the public stormwater facilities and systems in accordance with the Florida Building Code, city engineering standards and other accepted applicable engineering standards.

4.

Minimum dwelling unit size. The minimum dwelling unit size are as shown below:

a.

Townhouse, rowhouse.

(1)

Efficiency: seven hundred (700) square feet.

(2)

One bedroom: nine hundred (900) square feet.

(3)

Two bedrooms: one thousand and one hundred (1,100) square feet.

(4)

Each additional bedroom: one hundred fifty (150) square feet.

b.

Apartment or condominium.

(1)

Efficiency: four hundred (400) square feet.

(2)

One bedroom: six hundred (600) square feet.

(3)

Two bedrooms: eight hundred (800) square feet.

(4)

Three bedroom: one thousand (1,000) square feet.

(5)

Each additional bedroom: one hundred fifty (150) square feet.

In order to use the minimum dwelling unit size for an apartment or condominium, the development must comply with the supplemental district regulations pertaining to minimum size.

5.

Setbacks. The minimum building setbacks shall be established through the site plan or site plan modification process.

6.

Maximum building height. The maximum building height shall be as follows:

a.

Three (3) stories for a townhouse or rowhouse.

b.

Eight (8) stories for other residential buildings.

The maximum building height may not be allowed if it is determined that the maximum building height is not compatible with the surrounding uses.

7.

Maximum density. The maximum allowable density is forty (40) residential dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0., and Schedules I, J, K, L and M shall apply except as modified below:

1.

Special treatment. If this zoning district is applied within an area that will be bounded on any side by land zoned light industrial district or any commercial zoned district, then this residential district must include a perimeter buffer zone to separate it from the abutting light industrial or commercial zoned districts. The buffer zone shall provide for a minimum eight (8) feet high masonry wall with a minimum five-foot wide landscaped and irrigated strip on both the inside and outside of the wall. The landscaped and irrigated strip on the inside of the wall shall include at least one (1) tree every forty-five (45) linear feet and a continuous hedge of at least thirty (30) inches in height at the time of the installation. The landscaped and irrigated strip on the outside of the wall shall include at least one (1) tree every sixty (60) linear feet and a continuous hedge of at least twenty-four (24) inches in height at the time of the installation. Notwithstanding the above, if a public street separates the residential property from a light industrial or commercial zoning district, then a fence may be provided in lieu of a wall. In addition, this provision may be adjusted consistent with LDR Article IV., Part 3.0., Section 3.3.

2.

Access requirements. Property zoned RM-40 district shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access. The City Commission may waive the requirement for a dedicated public street in special situations where the City Commission finds the public safety, convenience and welfare can adequately be served. Such waiver, however, must assure the private access easement is available for fire, rescue, law enforcement, building and code enforcement and other emergency purposes.

3.

Off-street parking standards and requirements. If the development is not within a transect zone, then the minimum standards established in LDR Schedule S, Article 4.0., Transect Zone 4, Tables 9A—9C shall apply.

4.

Off-street loading standards and requirements. If the development is not within a transect zone, then the minimum standards established in LDR Schedule S, Article 4.0., Transect Zone 4, Table 9D shall apply.

5.

Sign standards and requirements. All buildings shall display their street address, in numerals or letters, or both, not less than five (5) inches in height. Said street address shall be displayed on the building so that said numerals and letters shall be visible from the street or right-of-way upon which said building faces at all times. Dwelling units shall have their street address, in numerals or letters, or both, not less than three (3) inches in height.

6.

Landscaping and irrigation standards and requirements.

a.

Minimum landscaping and irrigation standards for multifamily dwellings shall be as follows:

(1)

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

(2)

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, water body maintenance areas, and swale areas.

(3)

All landscaped areas shall be irrigated.

b.

Minimum landscaping and irrigation standards and requirements for a townhouse unit lot shall be as follows:

(1)

One (1) tree shall be installed on the lot.

(2)

Along each side building perimeter, one (1) tree and twenty (20) shrubs shall be installed.

(3)

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

(4)

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, water body maintenance areas, and swale areas.

(5)

All landscaped areas shall be irrigated.

c.

Minimum landscaping and irrigation standards and requirements for the common area shall be as follows:

(1)

All common areas not utilized for buildings, structures, roads, driveways, parking areas and other paved areas shall be covered with grass or ground cover and planted with trees and shrubs.

(2)

The property owner or property owner association shall provide for adequate maintenance of landscaping and irrigation within the common areas such as right-of-way or access easement areas, perimeter property line areas, water body maintenance areas, and swale areas.

d.

Minimum landscaping and irrigation standards and requirements along the perimeter property line shall include:

(1)

Where the property line abuts property zoned light industrial district or any commercial zoned district, the special treatment described herein in subparagraph 3.1.15.G.1. shall apply.

(2)

Along all other perimeter property lines, there shall be a five (5) feet wide landscaped and irrigated strip with one (1) tree for every thirty-five (35) linear feet or fraction thereof and grass or ground cover.

e.

The minimum landscaping and irrigation standards and requirements along both sides of any public right-of-way or private access easement shall be one (1) tree for every forty (40) linear feet or fraction thereof and grass or ground cover.

7.

Lighting standards and requirements. The following are established:

a.

Townhouse and other dwelling units. A minimum of two (2) lights, with one (1) affixed to the front and the other to the back.

b.

Multi-family dwellings. To be determined through the site plan process.

In addition, the development shall conform with the general lighting standards and requirements in LDR Article III., Section 6.9.

8.

Design standards and requirements. LDR Schedule P, design standards and guidelines, shall apply to all developments and improvements within this zoning district.

9.

Minimum size. In order to use the minimum dwelling unit size for apartments and condominiums identified in the development standards, all the following requirements must be satisfied:

a.

Exterior building improvements.

(1)

Steel exterior structural frames (in lieu of wood);

(2)

Impact resistant windows, sliding glass doors, French doors, etc.;

(3)

Soundproofing with a minimum sound transmission class of sixty (60); and

(4)

Standing seam metal roof, tile roof or concrete roof.

b.

Dwelling unit amenities.

(1)

Central air conditioning/heating minimum SEER 12;

(2)

Living room with ceiling fan hook-up;

(3)

Covered rear patio or balcony;

(4)

Bathrooms with ceramic tile or better grade on floors, base and walls in tub, with wood cabinets and granite or similar grade stone countertops;

(5)

Kitchen with ceramic tile or better grade floors, granite or similar grade stone countertops, wood cabinets and glass doors, middle to high end double door refrigerator, range oven combination, microwave oven, exhaust fan and garbage disposal;

(6)

Bedrooms with middle to high end carpet and ceiling fan hook-up;

(7)

Washer and dryer with ceramic tile floor or better grade and floor drain.

c.

Other site improvements.

(1)

Car wash stations;

H.

Special regulations. The special regulations as set forth herein shall apply within the RM-40 zoning district.

1.

Minimum zoning district size. The minimum area that may be zoned RM-40 district is five (5) acres, inclusive of areas required for public dedication. Notwithstanding the above, areas equal to or exceeding forty thousand (40,000) square feet may be zoned RM-40 district if such property abuts an existing RM-40 zoning district.

2.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the RM-40 zoning district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

3.

Gateway or entranceway feature.

a.

A gateway or entranceway into a development is required. The gateway shall be compatible in size, shape, dimensions, texture, construction materials, colors and design with the overall residential development.

b.

Appropriate landscaping and irrigation shall be provided to enhance the gateway or entranceway feature.

4.

Building separation. The following separation standards shall apply:

a.

The minimum side to side building separation is fifteen (15) linear feet;

b.

The minimum back to side building separation is twenty-five (25) linear feet.

c.

The minimum building separation for all other sides is twenty-five (25) linear feet.

These standards may be adjusted as is provided for in LDR Article IV., Part 3.0., Section 3.3., Adjustments.

5.

Building relationship and design. Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear building elevations shall be consistent and compatible with the treatment applied to the front.

6.

Recreation and open space. Common open space may be used for amenity or recreation purposes and must be suitably improved for its intended use. In addition, all the following amenities shall be provided:

a.

Swimming pool and pool canopy;

b.

Air conditioned club house with recreation room, gym, conference room and restrooms;

c.

Tot lots with playground equipment and canopy shall be provided and incorporated into the overall design scheme of the development; and

d.

Barbeque areas with canopy. In addition, payment of a local parks impact fee, which fee shall coincide with Broward County's most current recreational impact fee schedule.

7.

Pedestrian facilities and amenities.

a.

There shall be an adequate amount of pedestrianways and landscaped space to limit pedestrian use of vehicular ways and to separate pedestrianways from general vehicular circulation.

b.

The location and design of pedestrianways shall emphasize desirable views, provide convenient access and connectivity to dwelling units and development amenities, and connect to abutting public pedestrianways and developments.

c.

A minimum eight-foot wide sidewalk shall be installed in public rights-of-way along an arterial road.

d.

A minimum five-foot wide sidewalk shall be installed in the right-of-way or access easement along one (1) side of the entrance or access road.

e.

A minimum four-foot wide sidewalk shall be installed in the public right-of-way or access easement along one (1) side of a service or internal roadway.

f.

There shall be a clearly delineated, safe paved pedestrian pathway at least five (5) feet wide connecting the entrance of each residential building to the building mailbox and guest parking area.

8.

Bicycle facilities and amenities. A bicycle rack, locker or shelter shall be provided in proximity to each recreational facility and each public transit shelter.

9.

Public transit facilities and amenities.

a.

Public transit facilities and amenities, such as bus bays, bus shelters and benches, shall be provided to serve an existing or proposed county or other public transit route when considered appropriate by the Broward County Mass Transit Division.

b.

If the Broward County Mass Transit Division does not consider it appropriate to provide public transit facilities and amenities to serve an existing or proposed county public transit route, the Planning and Zoning Department may require such facilities and amenities to serve an existing or proposed City or other public community bus route.

10.

Roadways. Any accessway, driveway or roadway with a length exceeding one-eighth (⅛) of a mile shall be subject to the following standards and requirements:

a.

Traffic calming. The accessway, driveway or roadway shall contain traffic calming features to enhance safety by slowing down vehicular traffic. such traffic calming features may include roundabouts, narrowing of lane widths, change in materials, and other similar proven features.

b.

Landscaping and irrigation. Appropriate landscaping and irrigation shall be provided to enhance the traffic calming feature.

11.

Unified common area control. Any common area property proposed for inclusion within the RM-40 zoning district shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporation). Any Zoning District Map amendment, site plan, or site plan modification application shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the common area within the RM-40 zoning district.

3.1.16. Residential Townhouse at fifteen (15) dwelling units per gross acre (RT-15) zoning district.

A.

Purpose and intent. The purposes of the Residential Townhouse at 15 dwelling units per gross acre (RT-15) zoning district is to:

1.

Allow vacant, underutilized or obsolete residential, commercial and light industrial uses to be developed or redeveloped with attached and detached residential single family uses;

2.

Provide for or encourage the development and redevelopment of market rate housing;

3.

Encourage the most appropriate use and re-use of land and water by providing a zoning district with flexible development standards; and

4.

Implement the recommendations of the Strategic Redevelopment Plan for SR-7 and the Citizen's Master Plan (Charette) for SR-7 which call for the development and redevelopment of some areas zoned commercial and light industrial district with residential uses.

The RT-15 zoning district corresponds to the Transit Oriented Corridor future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following uses and structures are allowed within the RT-15 zoning district as a permitted use or structure:

1.

Essential services and utilities;

2.

Single-family units;

3.

Townhouse or rowhouse, with a mix in the number of units per building but not exceeding ten (10) dwelling units per building; and

4.

Public park and buildings, open space.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Bicycle facilities and amenities, such as bike lane, bike rack and bike locker;

2.

Boat dock for non-motorized watercraft;

3.

Fences and walls;

4.

Home occupations, pursuant to the standards and requirements set forth in Article III., Part 5.0;

5.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

6.

Light poles and fixtures;

7.

Parking structures, such as a garage, driveway, parking lot and structure;

8.

Patio or screen enclosure;

9.

Pedestrian facilities and amenities, such as sidewalks, crosswalks, benches, and gazebos;

10.

Recreation facilities and amenities attendant to a development that is operated by a bonafide condominium or homeowners association or on-site management, such as a club house, cabana, swimming pool and deck, Jacuzzi, water play area and equipment, basketball and tennis court, tot lot, play houses and equipment, and similar recreation facilities and amenities;

11.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

12.

Signs, such as building and unit address sign, entrance signs and wayfinding signs;

13.

Stormwater retention and detention facilities and appurtenances;

14.

Storage structure;

15.

Transit facility and amenities, such as bus shelter and bench; and

16.

Vehicular facilities and amenities, such as accessways, driveways, roadways, traffic calming improvements, and self-service car wash and vacuum stations.

D.

Special exception uses and structures. The following uses and structures are allowed as a special exception use within the RT-15 district:

1.

Adult day care subject to the standards and requirements set forth in Article III., Part 5.0; and

2.

Child care subject to the standards and requirements set forth in Article III., Part 5.0.

E.

Review and approval process.

1.

In established structures, permitted and accessory uses shall be allowed upon application, approval and issuance of a Certificate of Use (COU) where required.

2.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

3.

A zoning district map amendment to the RT-15 zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission present at a public hearing consistent with Article IV., Part 2.0.;

4.

Where an approved site plan exists, all permitted and accessory uses and structures shall be allowed upon approval by the Chief Building Official for buildings and structures that require a building permit and otherwise comply with applicable use restrictions.

5.

When an approved site plan does not exist, site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., shall be required.

6.

Any unplatted lot or parcel shall require review by the Development Review Committee, preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Broward County Board of County Commissioners, and recording of the plat in the public records of Broward County, Florida.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Minimum lot frontage. The minimum lot street frontage shall be determined through the site plan or site plan modification process.

2.

Minimum lot area. The minimum lot size shall be determined through the site plan or site plan modification process.

3.

Maximum lot coverage. Maximum lot coverage shall be determined through the site plan process. Notwithstanding, adequate stormwater facilities and systems shall be provided so that the removal of stormwater will not adversely affect adjacent streets and properties or the public stormwater facilities and systems in accordance with the Florida Building Code, city engineering standards and other accepted applicable engineering standards.

4.

Minimum dwelling unit size. The minimum dwelling unit size are as shown below.

a.

Efficiency: Seven hundred (700) square feet;

b.

One (1) bedroom: Nine hundred (900) square feet;

c.

Two (2) bedrooms: One thousand one hundred (1,100) square feet;

d.

Each additional bedroom: One hundred fifty (150) square feet

5.

Setbacks. The minimum building setbacks shall be established through the site plan or site plan modification process.

6.

Maximum building height. The maximum building height shall be:

a.

Three (3) stories for a townhouse or rowhouse;

b.

Two (2) stories for a single-family dwelling.

The maximum building height may not be allowed if it is determined that the maximum building height is not compatible with the surrounding uses.

7.

Maximum density. The maximum allowable density is fifteen (15) residential dwelling units per gross acre.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0., and Schedules I, J, K, L and M shall apply except as modified below

1.

Special treatment. If this zoning district is applied within an area that will be bounded on any side by land zoned Light Industrial district or any commercial zoned district, then this residential district must include a perimeter buffer zone to separate it from the abutting Light Industrial or commercial zoned districts. The buffer zone shall provide for a minimum eight (8) feet high masonry wall with a minimum five-foot wide landscaped and irrigated strip on both the inside and outside of the wall. The landscaped and irrigated strip on the inside of the wall shall include at least one (1) tree every forty-five (45) linear feet and a continuous hedge of at least thirty (30) inches in height at the time of the installation. The landscaped and irrigated strip on the outside of the wall shall include at least one (1) tree every sixty (60) linear feet and a continuous hedge of at least twenty-four (24) inches in height at the time of the installation. Notwithstanding the above, if a public street separates the residential property from a Light Industrial or Commercial zoning district, then a fence may be provided in lieu of a wall. In addition, this provision may be adjusted consistent with LDR Article IV, Part 3.0., Section 3.3.

2.

Access requirements. Property zoned RT-15 district shall have access to a public street either directly or indirectly via an area dedicated to public or private use of common easement guaranteeing access. The City Commission may waive the requirement for a dedicated public street in special situations where the City Commission finds the public safety, convenience and welfare can adequately be served. Such waiver, however, must assure the private access easement is available for fire, rescue, law enforcement, building and code enforcement and other emergency purposes.

3.

Off-street parking standards and requirements. If the development is within a Transect zone, then the minimum standards established in LDR Schedule S., Article 4.0., Transect Zone 4, Tables 9A - 9C shall apply. Otherwise, the parking standards shall be as a minimum of two (2) parking spaces per unit, a minimum of one (1) which must be in a garage, and one (1) guest parking space per every four (4) units or fraction thereof.

4.

Sign standards and requirements. All buildings shall display their street address, in numerals or letters, or both, not less than five (5) inches in height. Said street address shall be displayed on the building so that said numerals and letters shall be visible from the street or right-of-way upon which said building faces at all times. Dwelling units shall have their street address, in numerals or letters, or both, not less than three (3) inches in height

5.

Landscaping and irrigation standards and requirements.

a.

Minimum landscaping and irrigation standards and requirements for a single-family or townhouse unit lot shall be as follows:

1)

One (1) tree shall be installed on the lot.

2)

Along each side building perimeter, one (1) tree and twenty (20) shrubs shall be installed.

3)

The entire lot and swale area shall be fully covered with sod or other ground cover, including to the street or to the edge of the water bank area, as applicable.

4)

The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, water body maintenance areas, and swale areas.

5)

All landscaped areas shall be irrigated.

b.

Minimum landscaping and irrigation standards and requirements for the common area shall be as follows:

1)

All common areas not utilized for buildings, structures, roads, driveways, parking areas and other paved areas shall be covered with grass or ground cover and planted with trees and shrubs.

2)

The property owner or property owner association shall provide for adequate maintenance of landscaping and irrigation within the common areas such as right-of-way or access easement areas, perimeter property line areas, water body maintenance areas, and swale areas.

c.

Minimum landscaping and irrigation standards and requirements along the perimeter property line shall include:

1)

Where the property line abuts property zoned Light Industrial district or any commercial zoned district, the special treatment described herein in Sub-paragraph 3.1.16.G.1. shall apply.

2)

Along all other perimeter property lines, there shall be a five (5) feet wide landscaped and irrigated strip with one (1) tree for every thirty-five (35) linear feet or fraction thereof and grass or ground cover.

d.

The minimum landscaping and irrigation standards and requirements along both sides of any public right-of-way or private access easement shall be one (1) tree for every forty (40) linear feet or fraction thereof and grass or ground cover.

6.

Lighting standards and requirements. The following .are established:

a.

Single-family or Townhouse and other dwelling units. A minimum of two (2) lights, with one (1) affixed to the front and the other to the back.

b.

Site lighting. Decorative streetlight and pedestrian-scaled lighting shall be provided as determined through the site plan process.

In addition, the development shall conform with the general lighting standards and requirements in LDR Article III., Section 6.9

8.

Design standards and requirements. LDR Schedule P., Design Standards and Guidelines, shall apply to all developments and improvements within this zoning district.

H.

Special regulations. The special regulations as set forth herein shall apply within the RT-15 zoning district.

1.

Minimum zoning district size. The minimum area that may be zoned RT-15 district is five (5) acres, inclusive of areas required for public dedication. Notwithstanding the above, areas equal to or exceeding forty thousand (40,000) square feet may be zoned RT-15 district if such property abuts an existing RT-15 zoning district.

2.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the RT-15 zoning district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

3.

Gateway or entranceway feature.

a.

A gateway or entranceway into a development is required. The gateway shall be compatible in size, shape, dimensions, texture, construction materials, colors and design with the overall residential development.

b.

Appropriate landscaping and irrigation shall be provided to enhance the gateway or entranceway feature.

4.

Building separation. The following separation standards shall apply:

a.

The minimum side to side building separation is fifteen (15) linear feet;

b.

The minimum back to side building separation is twenty-five (25) linear feet.

c.

The minimum building separation for all other sides is twenty-five (25) linear feet.

These standards may be adjusted as is provided for in LDR Article IV., Part 3.0., Section 3.3., Adjustments.

5.

Building relationship and design. Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear building elevations shall be consistent and compatible with the treatment applied to the front.

6.

Recreation and open space. Common open space may be used for amenity or recreation purposes and must be suitably improved for its intended use. In addition, all the following amenities shall be provided:

a.

Swimming pool and pool canopy;

b.

Air conditioned club house with restrooms;

c.

Tot lots with playground equipment and canopy shall be provided and incorporated into the overall design scheme of the development; and

d.

Barbeque areas.

In addition, payment of the City's local parks impact fee.

7.

Pedestrian facilities and amenities.

a.

There shall be an adequate amount of pedestrianways and landscaped space to limit pedestrian use of vehicular ways and to separate pedestrianways from general vehicular circulation.

b.

The location and design of pedestrian ways shall emphasize desirable views, provide convenient access and connectivity to dwelling units and development amenities, and connect to abutting public pedestrianways and developments.

c.

A minimum eight (8) feet wide sidewalk shall be installed in public rights-of-way along an arterial road.

d.

A minimum five (5) feet wide sidewalk shall be installed in the right-of-way or access easement along one (1) side of the entrance or access road.

e.

A minimum five (5) feet wide sidewalk shall be installed in the public right-of-way or access easement along one (1) side of a service or internal roadway provided that side is installed solely with landscaping.

f.

If each dwelling unit does not have its own mailbox, then there shall be a pedestrian pathway from the entrance of each residential building to the building mailbox and guest parking area.

8.

Purchase and sales agreement and Condominium, HOA or equivalent document restrictions. Each development shall include a document which shall contain the following restrictions and provisions.

a.

Short-term lease. The purchase and sales agreement and the applicable condominium/HOA document shall include a restriction prohibiting the short-term lease of any dwelling unit. A short-term lease means a less for a term of less than one (1) calendar year.

b.

Parking spaces. The purchase and sales agreement and the applicable condominium/HOA document shall include a provision limiting the number of available parking spaces for each dwelling unit to three (3), one (1) of which is located within the garage.

c.

Fences. The condominium/HOA document shall provide for a uniform fence and the document shall specify the specific type, height, color, material and shape of the fence.

9.

Bicycle facilities and amenities. A bicycle rack shall be provided in proximity to each recreational facility and each public transit shelter located within an arterial road right-of-way.

10.

Public transit facilities and amenities.

a.

Public transit facilities and amenities, such as bus bays, bus shelters and benches, shall be provided to serve an existing or proposed County or other public transit route when considered appropriate by the Broward County Mass Transit Division.

b.

If the Broward County Mass Transit Division does not consider it appropriate to provide public transit facilities and amenities to serve an existing or proposed County public transit route, the City Manager may require such facilities and amenities to serve an existing or proposed City or other public community bus route.

11.

Roadways. Any accessway, driveway or roadway with a length exceeding one-eighth (⅛) of a mile shall be subject to the following standards and requirements:

a.

Traffic calming. The accessway, driveway or roadway shall contain traffic calming features to enhance safety by slowing down vehicular traffic. Such traffic calming features may include roundabouts, speed bumps, narrowing of lane widths, change in materials, and other similar proven features.

b.

Landscaping and irrigation. Appropriate landscaping and irrigation shall be provided to enhance the traffic calming feature, where applicable.

c.

Lane widths. For roadways with a design speed of between twenty (20) and twenty-five (25) miles per hour, the minimum travel lane width shall be nine (9) feet. For roadways with a design speed over twenty-five (25) and up to thirty (30) miles per hour, the minimum travel lane width shall be ten (10) feet.

12.

Unified common area control. Any common area property proposed for inclusion within the RT-15 zoning district shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporation). Any zoning district map amendment, site plan, or site plan modification application shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the common area within the RT-15 zoning district.

3.1.17 Short-term vacation rentals.

A.

Purpose and intent. The City Commission finds that certain transitory uses of residential property tend to affect the residential character of the community and are injurious to the health of the community. Therefore, it is necessary and in the interest of the public health, safety, and welfare to monitor and provide reasonable means for residents of the city to mitigate impact created by such transitory uses of residential property. It is unlawful for any owner and/or operator of any property within the city to rent or operate a short-term vacation rental contrary to the procedures and regulations established in the Land Development Regulations, City Code and applicable state statutes. No person shall rent or lease all or any portion of a dwelling unit as a short-term vacation rental, as defined herein, without complying with the following criteria.

B.

Definitions.

1.

Designated responsible party. Shall mean the owner, or any person eighteen (18) years of age or older designated by the owner, tasked with responding to request for complaints, and other problems relating to or emanating from the short-term vacation rental. There shall only be one (1) designated responsible party for each short-term vacation rental. An owner may retain a private management company to serve as the designated responsible party.

2.

Owner. Shall mean the person or entity holding legal title to the short-term vacation rental property, as reflected in the Broward County Property Appraiser's Office.

3.

Short-term vacation rental. Shall be as defined in Schedule A, Land Use Classifications.

4.

Transient Occupants. Any person or guest of invitee of such person, who occupies or is in actual or apparent control or possession of a short-term vacation rental. There shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of a short-term vacation rental is a transient occupant.

C.

Certificate of use/local business tax receipt required. A local business tax receipt (LBTR) and certificate of use (COU) must be applied for and obtained by each short-term vacation rental in accordance with City Code Chapter 12 and the fees set forth in Section 12-53. A minimum housing inspection is required, as it is for all other rentals. Proof of licensure with the Florida Department of Business and Professional Regulation as a transient public lodging establishment is required to be submitted with the application. The certificate of use shall designate the maximum occupancy allowed for the short-term vacation rental

D.

Registration required. In addition to a COU and LBTR, every individual short-term vacation rental location is also required to complete a registration packet annually at the time of city licensure and/or renewal. A separate registration packet is required for each separate short-term vacation rental on the form required by the city. The application form and registration fee must be submitted to the city each year prior to October 1. The registration fee shall be reasonable to compensate for administrative expenses and shall be set, from time to time, by resolution adopted by the City Commission. The registration packet must include all of the information required in this chapter, which shall include at a minimum the following information:

1.

The legal description of the property offered for rental (i.e., address, lot, block and subdivision name); and

2.

Name, address, electronic mail address, and telephone number of owner of said property; and

3.

Name, address, electronic mail address, and emergency contact telephone number of responsible party for said property, which shall be a twenty-four (24) hour, seven (7) days a week contact number; and

4.

That the telephone number for the responsible party will be answered twenty-four (24) hours a day, seven (7) days a week by the responsible party; and

5.

Acknowledgements by owner of the following:

a.

Must list the number of parking spaces, and acknowledge that all vehicles associated with the vacation rental must be parked within the subject property in compliance with the City Code and LDR; and

b.

That it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in Section 14-22 of the Code; and

c.

That the owner shall comply with all applicable city, county, state and federal laws, rules, regulations, ordinances and statutes, and must provide proof that there are no pending code violations or unsatisfied liens on any property owned within the city; and

d.

That no solid waste container shall be located at the curb for pickup before 6:00 p.m. of the day prior to pick up, and solid waste container shall be removed before midnight of the day of pickup; and

e.

That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a property, or, having been authorized, licensed, or invited, is warned by the owner or lessee, to depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance; and

f.

That other properties are not jointly shared commodities and should not be considered available for use by transient occupants of the property subject of the application; and

6.

Proof of owner's current ownership of the property; and

7.

A copy of the current valid proof of registration with the Florida Department of Revenue for sales tax collection and Broward County for Tourist Development Tax; and

8.

A copy of the current valid proof of licensure with the Florida Department of Business and Professional Regulation for a transient public lodging establishment; and

9.

A copy of the Broward County Business Tax Receipt; and

10.

A copy of the current account for short term rental with the Broward County Tax Collector.

11.

A copy of the standard rental/lease agreement used for the rental of the premises; and

12.

A detailed exterior site plot plan; and

13.

a detailed interior floor plan; and

14.

Proof of compliance with all requirements in this chapter; and

15.

Authorization letter if the application is being submitted on behalf of the owner of the property by his or her authorized representative.

Failure to timely complete all registration requirements shall be subject to the issuance of a citation and a civil fine in the amount of five hundred dollars ($500.00) and/or may also result in the denial, revocation, suspension, or modification of the city LBTR/COU for the short-term vacation rental. In addition, operating without a LBTR and a COU shall be subject to a fine of one thousand dollars ($1,000.00) per day.

The advertising or advertisement for the rental of a single-family, two-family, three-family, or four-family house or dwelling unit for periods of time less than thirty (30) days or one (1) calendar month is direct evidence of offering a property for rent as a vacation rental and the advertising or advertisement is admissible in any enforcement proceeding. The advertising or advertisement evidence raises a rebuttable presumption that the residential property named in the notice of violation or any other report or as identified in the advertising or advertisement was used in violation of this chapter.

E.

Permitted principal use. Short-term vacation rentals shall be permitted in all land use designations that allow for residential uses, provided they are in compliance with this section.

F.

Minimum life/safety requirements/annual minimum housing inspection required.

1.

Compliance with all applicable laws. All short-term vacation rental units must meet the minimum standards for habitable structures set forth in the Florida Building Code, the Florida Fire Code, the Florida Life Safety Code, and the City's Land Development Code. Each unit must pass a minimum housing inspection.

2.

Swimming pool, spa, and hot tub safety. All swimming pools, spas and/or hot tubs at short-term vacation rentals shall comply with the standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes, and the Florida Building Code.

3.

Fire extinguisher. A portable multi-use dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of each dwelling unit of a short-term vacation rental. The extinguishers shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

4.

Internal posting. The following information shall be posted in a visually unobstructed area within each unit of a short-term vacation rental, all in a form prescribed by the City: the name and telephone number of the designated responsible party requires by this section; notice that all transient occupants must comply with the requirements of the City's Code of Ordinances including maximum occupancy, parking, and minimum life/safety requirements prescribed in this section, as well as the City's Code of Ordinances governing noise, nuisances and litter; the scheduled days of trash pick-up and recycling; the location of the nearest hospital; and a statement that all transient occupants must promptly evacuate a short-term vacation rental upon posting of any evacuation order issued by state or local authorities.

G.

Maximum occupancy.

1.

The maximum number of transient occupants authorized to stay overnight at any short-term vacation rental shall be limited to two (2) persons per sleeping room. The number of sleeping rooms shall be confirmed by an on-site inspection by a representative of the city; and

2.

The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed one and one-half (1½) times the maximum occupants authorized to stay overnight at that site, as shown on the certificate of use, and in no event shall a gathering exceed twenty (20) persons. This subsection shall not apply to owner-occupied vacation rentals when the property owner is physically present on the site during the gathering; and

3.

Up to four (4) persons under thirteen (13) years of age are exempt from and shall not count towards the occupancy limits set out above.

H.

Parking. All vehicles associated with the short-term vacation rental must be parked within a driveway or designated parking area located on the subject property and in compliance with the City Code.

I.

Solid waste handling and containment. All Land Development Regulations and City Code requirements must be complied with regarding solid waste. Solid waste and/or recycling contained shall not be placed curbside before 7:00 p.m. of the day prior to the scheduled solid waste pickup, and the solid waste container shall be removed from curbside before 7:00 p.m. on the day of pickup.

J.

Designated responsible party.

1.

The name and telephone number of the designated responsible party shall be prominently posted on the front exterior on the short-term vacation rental in a place visible to the public.

2.

The designated responsible party must be available at the posted telephone number twenty-four (24) hours a day, seven (7) days a week and be capable of directly responding, or directing a designated agent to directly respond, to and resolve any issues or concerns raised by transient occupants, city staff, or law enforcement regarding the short-term vacation rental. If necessary, the designated responsible party must be willing and able to come to the short-term vacation rental within two (2) hours following notification to address any issue that is not capable of being addressed via telephone.

K.

Other standards. Any other standards contained within the City's Code of Ordinances, Comprehensive Development Code, and Florida Statutes shall apply to short-term vacation rentals, to the extent allowable by law.

L.

Enforcement/penalties/offenses/revocation. The provisions of this section shall be enforced using the procedures set forth in Chapter 7 and Chapter 12 of the City Code of Ordinances and/or Chapter 162, Florida Statutes and shall be subject to the fines and penalties set forth in Section 7-3 of the Code of Ordinances.

1.

Any certificate of use issued pursuant to this section may be denied, revoked, or suspended by the city upon the adjudication of a violation of this section, any city ordinance, or state law by a designated responsible party, property owner, or transient occupant attributable to the property for which the certificate of use is issued. Such denial, revocation or suspension is in addition to any penalty provided herein. A vacation rental may not provide transient occupancy during any period of suspension of a certificate of use.

2.

Non-compliance with any provision of this section shall constitute a violation of the section.

3.

Each day a violation exists shall constitute a separate and distinct violation, except that violations regarding occupancy shall constitute a single violation for a rental period.

4.

Nothing contained herein shall prevent the city from seeking all other available remedies which may include, but not be limited to: suspension of certificate of use, injunctive relief, liens, and other civil and criminal penalties provided by law, as well as referral to other enforcing agencies.

(Ord. No. 02O-10-170, § 1, 11-25-02; Ord. No. 05O-07-160, §§ 1—9, 8-29-05; Ord. No. 05O-07-161, §§ 1—8, 8-29-05; Ord. No. 05O-07-162, §§ 1—9, 8-29-05; Ord. No. 05O-07-163, §§ 1—9, 8-29-05; Ord. No. 05O-08-171, §§ 1—9, 9-12-05; Ord. No. 07O-08-142, § 1, 9-10-07; Ord. No. 08O-05-121, §§ 1—9, 6-9-08; Ord. No. 08O-05-122, §§ 1—9, 6-9-08; Ord. No. 10O-04-117, §§ 1—9, 4-26-2010; Ord. No. 13O-01-105, §§ 1—9, 1-28-2013; Ord. No. 140-02-105, §§ 1—9, 3-31-2014; Ord. No. 14O-12-161, §§ 1—9, 1-12-2015; Ord. No. 15O-05-118, § 6, 6-8-2015; Ord. No. 15O-08-129, § 1, 9-11-2015; Ord. No. 21O-01-100, § 1, 1-25-2021; Ord. No. 21O-01-101, § 1, 1-25-2021; Ord. No. 22O-01-101, § 4, 2-14-2022; Ord. No. 22O-12-148, § 1, 1-9-2023; Ord. No. 23O-06-113, § 1, 6-26-2023)

3.2.1. Neighborhood commercial (CN) zoning district.

A.

Purpose and intent. The purpose of the neighborhood commercial (CN) district is:

1.

To meet the local retail shopping and personal services needs of persons living within a one-half (½) mile radius (the neighborhood) of the district;

2.

To allow uses of a convenience nature that are not disruptive to the neighborhood;

3.

To provide the neighborhood with primary vehicular access to the district through the local and collector roadway network;

4.

To encourage enhanced pedestrian, bicycle and public transit access and to provide such facilities and amenities; and

5.

To provide for buildings, scaled in size and mass to the surrounding neighborhood, and that serve as a focal point for the area.

The intent of the CN zoning district is to provide a district that is consistent with and implements the commercial future land use provisions in the Future Land Use Element of the Comprehensive Plan.

B.

Principal uses and structures permitted. The following convenience types of uses and structures are allowed within the CN district as a permitted use:

1.

Retail display, storage, rental, sales and limited repair services of a convenience nature, such as:

a.

Convenience store;

b.

Delicatessen store;

c.

Drug store;

d.

Florist;

e.

Fruit and vegetable market;

f.

Gift store;

g.

Hardware;

h.

Hobby supply;

i.

Newsstand;

j.

Small appliance sales and repairs, but not including small engine repair.

2.

Provision of personal services such as:

a.

Alterations;

b.

Barber and beauty shops;

c.

Bars, juice but not alcohol;

d.

Dry cleaning, but limited to customer drop-off and pickup;

e.

Financial institutions, but not drive-in facilities;

f.

Laundromats, self-service;

g.

Restaurants, sit down and takeout but not drive-through facilities.

3.

Business and professional offices that provide direct services to customers such as:

a.

Accounting and financing services;

b.

Outpatient medical and dental services;

c.

Travel agencies.

With limitations per paragraph 3.2.1. below.

4.

Schools, pre-school, nursery, childcare, and elderly care.

C.

Accessory uses and structures permitted. The following uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bicycle facilities and amenities;

2.

Bus shelters and benches;

3.

Courtyards and plazas;

4.

Fences and walls;

5.

Greenways, landscaping and yards;

6.

Lighting poles and fixtures;

7.

Parking areas, driveways and sidewalks;

8.

Refuse areas;

9.

Signs.

D.

Special exception uses and structures allowed. The following uses are allowed as special exception uses within the CN district:

1.

Civic or government uses, such as police substations;

2.

Community service (outreach service);

3.

Printing and copying services;

4.

Security, caretaker or commercial owner-occupied accessory residential units but no more than four (4) units per building and limited to the second floor.

E.

Review and approval process.

1.

In established buildings and structures not requiring outdoor modifications other than signs, uses shall be allowed upon application to, and approval by, the Finance Department for an occupational license and by the Chief Building Official for a certificate of occupancy.

2.

In established buildings and structures requiring outdoor modifications, uses shall be allowed upon application as described above and application to and approval or approval with conditions by the Development Review Committee for a site plan modification.

3.

For any new development or substantial redevelopment, site plan approval or approval with conditions must be granted by the Planning and Zoning Board pursuant to Article IV, Development Review Requirements, Part 5.0., Site Plan.

4.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV, Development Review Requirements, Part 4.0., Special Exception Use.

F.

Development standards. In addition to the development standards required elsewhere, the following additional standards shall apply:

1.

Setbacks. There shall not be a minimum front setback for buildings; however, the maximum front setback shall be twenty (20) feet. Within this front setback, building entrances, plazas or courtyard, and covered walkways are allowed.

2.

Height bonus. The maximum building height is thirty-five (35) feet; however, an additional ten (10) feet height bonus shall be allowed to accommodate unoccupied hierarchical architectural features, such as cupolas, designed to create a focal point for the surrounding area.

G.

Supplemental district regulations. In addition to the requirements in Article III, Part 2.0. and Schedule C., the following supplemental district regulations shall apply to CN zoned property:

1.

Parking standards and requirements.

a.

Amount of parking. The parking standard is one (1) space per three hundred fifty (350) square feet of nonresidential space.

b.

Location of parking area. Parking areas shall not dominate the frontage of the street, interrupt pedestrian routes or negatively impact surrounding neighborhoods. The parking areas shall be located to the interior side of a lot or behind the building whenever possible.

2.

Loading standards and requirements. One (1) loading space may serve multiple buildings provided it is consistent with the loading access standards and requirements of Article III, Part 6.0., Section 6.6. Where a street separates buildings, a loading space must be provided for buildings on both sides of the street.

3.

Walls, fences and hedges. Where a canal right-of-way separates a CN zoned property from single-family and townhouse residential uses, a masonry wall shall not be required.

4.

Light standards and requirements. The maximum height of light poles shall be twenty-five (25) feet. Fixtures that shield the light source to minimize glare and light trespass shall be required. Acceptable fixtures include full cutoff fixtures, fully shielded wallpack and wall mounted fixtures, fully shielded fixtures, fully shielded security lights, and flush mounted canopy fixtures.

5.

Landscape standards and requirements.

a.

Building perimeter. A five (5) feet wide landscaped strip shall not be required immediately adjacent to the exterior walls of buildings in order to allow a covered walkway.

b.

Public transit stop. If the property abuts a public transit stop, then two (2) trees must be provided at the transit stop location. Alternatively, a payment into the tree trust fund equal to the market value of two (2) installed trees may be provided.

H.

Special regulations. The following additional special regulations shall apply within the CN zoning district.

1.

Main building entrances. The main entrances of all buildings must be accentuated by architectural features that have a bold, visible shape observable from the approaching street. Where the building has frontage on two (2) streets, the building shall be considered to have two (2) main entrances.

2.

Maximum tenant area. The maximum area devoted to a single tenant for office or service uses shall not exceed two thousand (2,000) square feet in floor area. The intent of this restriction is to maintain the center at the neighborhood scale.

3.

Maximum floor area. The maximum floor area which can be allocated to a single retail use, or groups of similar (retail, office services) principal services, shall not exceed ten thousand (10,000) square feet.

4.

Pedestrian facilities and amenities.

a.

Sidewalks. To encourage walking, sidewalks along the public right-of-way shall have a minimum width of eight (8) feet.

b.

Courtyards. When a building or covered walkway does not abut the sidewalk in the public right-of-way, a courtyard or plaza shall be provided between the sidewalk and the building.

c.

Covered walkways. To encourage pedestrian activity, a minimum eight (8) feet wide covered walkway shall be provided along all building frontages.

5.

Bicycle facilities. Bicycle parking facilities shall be provided in a well-lighted, secure location within a convenient distance of a building entrance. A secure location is one in which the bicycle is clearly visible from the employee work areas, or in which the bicycle parking is provided within a lockable room, a lockable bicycle enclosure, or a bicycle locker. Bicycle parking provided in outdoor locations shall not be farther than the closest automobile parking space. The bicycle parking standard is one (1) lockable parking space per two thousand (2,000) square feet or fraction thereof.

6.

Public transit connection. When a public transit stop is located in the abutting public right-of-way, provision shall be made for a connection to the public transit stop.

[3.2.2. (Reserved)]

[3.2.3. (Reserved)]

[3.2.4. (Reserved)]

3.2.5. Commercial Entertainment (CE) zoning district.

A.

Purpose and intent. The primary purpose or intent of the Commercial Entertainment (CE) zoning district is to allow a mixture of commercial entertainment, commercial recreation and other complementary uses to be planned and developed as a whole (as a single operation or an approved series of operations) on one (1) or more parcels joined by and subject to a unity of control. This zoning district is intended to provide greater flexibility than a conventional zoning district. This specialized commercial zoning district also is intended to implement and further the following purposes:

1.

To promote economic development, a "sense of place" and a family-oriented environment through a mixture of commercial entertainment, commercial recreation and other complementary uses and through the seamless integration of abutting public recreation and cultural arts facilities and uses;

2.

To allow for a diversification of uses, structures and open spaces when not in conflict with existing land uses on abutting properties;

3.

To reduce improvement costs through a more effective use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land-development regulations;

4.

To provide the opportunity for application of innovative site planning concepts that results in the creation of an aesthetically pleasing environment for working and playing on properties of adequate size, shape and location;

5.

To ensure that development will occur within the guidelines and intent of the city comprehensive plan; and

6.

To reduce the number of vehicle trips on the surrounding roadway network through a mixture of compatible and complementary land uses and public transit, pedestrian and bicycle enhancing improvements.

The CE zoning district corresponds to the Commercial, Transit Oriented Corridor, Transit Oriented Development and Local Activity Center future land use designations in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of land uses and structures are allowed within the CE zoning district as a permitted use and structure:

1.

Amphitheater, arena, movie theatre and performing arts center, with no more than four hundred ninety-nine (499) seats;

2.

Amusement room, game room or recreation center, such as pinball, air hockey, electronic games, and similar coin, token or ticket operated games when an attendant is on duty;

3.

Bars and taverns, including microbrewery;

4.

Billiard or pool hall;

5.

Bowling alley;

6.

Clubs, athletic, country, fraternal, private, social;

7.

Education, instructional, but limited to cultural arts entertainment and sports training and instruction, such as dance, fine arts, music, theatre, sports and similar cultural, entertainment and recreation training and instructional uses;

8.

Education, instructional, but limited to cultural arts entertainment and sports training and instruction, such as dance, fine arts, music, theatre, sports and similar cultural, entertainment and recreation training and instructional uses;

9.

Essential utilities and services;

10.

Financial institutions, walk-up but excluding drive-through facilities;

11.

Fitness center, gym, health spa;

12.

Freestanding and mobile vendors, such as kiosks and pushcart type vehicles, notwithstanding Code of Ordinances Chapter 12, Article I, Sections 12-5 and 12-6;

13.

Holiday sales;

14.

Hotel, motel and similar facilities, subject to the standards and requirement in Article III., Part 5.0.;

15.

Live entertainment, indoor and outdoor;

16.

Museums, art galleries;

17.

Offices, business and professional;

18.

Offices, government such as consular offices, fire and police substations but excluding general government offices;

19.

Open space, including plazas, village greens and similar outdoor public areas;

20.

Personal services, including tanning salon;

21.

Public safety facilities and services, such as police and fire;

22.

Restaurant (indoor and outdoor seating and carry-out) and other dining and eating establishment uses;

23.

Restaurant bar (indoor and outdoor seating);

24.

Retail sales (indoor and outdoor), neighborhood-scale and community-scale but excluding auction house, consignment shop, convenience store, firearm and ammunition, flea market, furniture store, pawn shop, supermarket, thrift store, and vehicular and vehicular related uses;

25.

Skating rinks but excluding skateboarding;

26.

Telecommunication facility, antenna and equipment; and

27.

House of religious worship.

C.

Accessory uses and structures. The following types of land uses and structures are allowed when part of, or accessory to, the principal land use:

1.

Auditoriums and convention halls, including conference facilities which provide a complete range of activities, such as exhibit hall, food preparation, meeting rooms and trade center, as accessory to a hotel use or business and professional office use;

2.

Office, medical with non-controlled substance provider as accessory to a business, and professional office use but excluding clinics, counseling services, hospitals and veterinary-related uses;

3.

Fences and walls;

4.

Gazebo, street furniture and other amenities designed to enhance the entertainment and pedestrian experience;

5.

Landscaping and irrigation, sculptures, water falls and fountains, and other decorative features;

6.

Lighting;

7.

Maintenance and storage facilities incidental to the development project;

8.

Parking facilities, such as bicycle racks and shelters, parking lot and parking structure;

9.

Pedestrian transportation facilities and amenities, such as arcades, boardwalks, greenways, sidewalks and similar pathways;

10.

Public restrooms;

11.

Public transit facilities and amenities, such as benches, busbays, community bus terminal, kiosks, shelters, and telephones;

12.

Refuse areas, such as compactor, dumpster, and recycling containers, enclosures and equipment;

13.

Signs;

14.

Storage of inventory within the same structure as where the sale of good occurs;

15.

Swimming pool, including cabanas, deck and life guard stand;

16.

Vehicular transportation facilities incidental to the development, such as accessways, driveways, and loading zones;

17.

Utilities incidental to the use;

18.

House of religious worship.

D.

Special exception uses and structures. The following types of land uses and structures are allowed as a special exception use within the CE district:

1.

Amphitheater, arena, movie theatres and performing arts center with five hundred (500) seats or more;

2.

Bingo parlor;

3.

Childcare, day, evening and weekend;

4.

Education, college and university;

5.

Education, training but excluding religious training;

6.

Limousine service and taxi stands, taxi terminals or taxi dispatch facility at which more than one (1) taxi may be located at the same time;

7.

Mixed use, i.e., fee simple residential component; and

8.

Telecommunication facility uses, such as antenna support structure, equipment buildings, and antenna.

E.

Review and approval process.

1.

A zoning district map amendment to the CE zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission present at the hearing.

2.

The use of any land within the CE zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee consistent with Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

3.

A special exception use, including the allocation of residential units from the pool of available residential units, must be approved or approved with conditions by the City Commission consistent with Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

In established structures, uses shall be allowed upon application to and approval by the Chief Building Official for a certificate of occupancy and the Finance Department for an occupational license.

5.

Any lot or parcel that is not platted shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Board of County Commissioners of Broward County, Florida, and recording of the plat in the public records of Broward County, Florida.

F.

Development standards. The development standards as set forth herein shall apply within the CE zoning district.

1.

Minimum lot size. The minimum lot size shall be established as part of the site plan or site plan modification approval process.

2.

Minimum lot street frontage. The minimum lot street frontage shall be established as part of the site plan or site plan modification approval process.

3.

Maximum lot coverage. Up to eighty (80) percent of the net size of the property may be covered with impervious surfaces.

4.

Minimum setback standards. Building setback standards shall be established as part of the site plan or site plan modification approval process. Minimal setback standards shall be the rule provided that such setbacks facilitate public transit or pedestrian-oriented development.

5.

Building height. The minimum building height for any building fronting on an arterial roadway shall be two (2) stories. The maximum building height shall be established as part of the site plan or site plan modification approval process. All buildings and structures, however, shall be designed so that it enhances the pedestrian experience.

6.

Maximum building intensity. The maximum floor area ratio is 0.35 floor area ratio. If located within the State Road 7 Community Redevelopment Area, a floor area ratio of 1.0 is allowed. If located within the State Road 7 Community Redevelopment Area and substantial public transit and pedestrian amenities are provided, a floor area ratio up to 3.0 is allowed.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and the Schedules shall apply except as modified herein.

1.

Special treatment between districts. Any nonresidential development with the CE zoning district shall be separated from abutting residential uses by an eight (8) foot high masonry wall with a minimum five (5) feet wide landscaped strip on both sides of the wall as provided for in Article III., Part 6.0., Paragraph 6.4.1.B. However, if a public right-of-way separates the nonresidential property from the residential property, then a wall and landscaping is not required on that side.

2.

Access. Each development shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The City shall be allowed access onto privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct City services, including code enforcement, and to generally ensure the health and safety of the residents of the development.

3.

Off-street parking standards and requirements. The off-street parking standards and requirements in Article III., Part 6.0., Section 6.5. shall apply except as modified below.

a.

Required parking spaces. The site plan or site plan modification review process shall be used to determine the number and location of required parking spaces.

b.

Location. Off-street parking shall be located to the rear or side of a building and on-street parking is encouraged.

c.

In-lieu parking fee. If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. The fee is established at twelve thousand five hundred dollars ($12,500.00) per parking space and all proceeds from such a fee shall be used for parking purposes. The in-lieu fee may be paid all at one (1) time or in installments. Installment payments may be made over a nine-year period in ten (10) payments, the first payment which would be due upon execution of the installment agreement. The remaining nine (9) payments would be due annually. Interest shall not be charged during the first three (3) years. Beginning in year four (4) of the payment schedule, a simple interest rate of five (5) percent per annum will apply to the unpaid balance and be added to payments five (5) through ten (10).

4.

Off-street loading standards. The off-street loading standards and requirements in Article III., Part 6.0., Section 6.6. shall apply except as modified below.

a.

Required loading spaces. The site plan or site plan modification review process shall be used to determine the number and location of required loading spaces.

b.

Location. Loading and unloading shall be restricted to side and rear yards and shall be prohibited within the front setback area.

5.

Sign standards and requirements. The sign standards and requirements in Schedule I shall apply.

6.

Landscaping and irrigation standards and requirements. The landscaping and irrigation standards and requirements in Schedule J and Article III., Part 6.0., Section 6.8. shall apply except as modified below.

a.

Perimeter boundary. A landscape boundary shall be provided along the perimeter of each development within the CE zoning district if bounded on two (2) sides by an arterial roadway. Parking structures, perimeter roadways, and other paving is not allowed within this peripheral greenbelt except for bicycle paths, sidewalks, greenway or access roads that provide ingress and egress for traffic and that are generally perpendicular to the greenbelt. The width of the greenbelt shall be:

(1)

Fifteen (15) feet minimum, when abutting commercial and industrial zoned property;

(2)

Twenty-five (25) feet minimum, when abutting an arterial or collector road;

(3)

Forty (40) feet, when abutting property zoned residential district; and

(4)

As determined by the site plan or site plan modification process for abutting property zoned Regional Park district or Community Facility district.

If not bounded on two (2) sides by an arterial roadway, then the site plan or site plan modification process shall be used to determine whether or not and the extent to which a perimeter landscape boundary shall be provided.

b.

Other landscape areas. The landscape standards and requirements for other areas shall be determined through the site plan or site plan modification process. The landscape treatment for plazas, streets, paths, and service and parking areas shall be designed as an integral part of a coordinated landscape and street furniture design.

7.

Lighting standards and requirements.

a.

Parking lots. All non-residential parking lots shall be provided with a minimum one (1) foot-candle of light on the parking and walking surface from dusk until thirty (30) minutes after the termination of each business day. A maximum to minimum foot-candle level shall not exceed a ratio of twelve to one (12:1). The lighting system shall be designed, installed and maintained as not to create light spillover or trespass or glare to any adjacent property not being part of the site plan.

b.

Other areas. The light standards and requirements for other areas shall be determine through the site plan or site plan modification process.

8.

Architectural design guidelines.

a.

The architectural design guidelines in Schedule P shall apply.

b.

Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear of buildings shall be comparable in amenity and appearance to the treatment given in the front.

H.

Special regulations. The special regulations as set forth herein shall apply within the CE zoning district.

1.

Minimum district size and street frontage standards. The minimum area that may be zoned CE district is five (5) acres, inclusive of areas required for public dedication. CE zoned property shall have a minimum two hundred (200) linear feet of frontage on an arterial roadway.

2.

Addition of property to district. Notwithstanding the paragraph above, additional lands may be added to the CE district provided that he property proposed to be added to the district:

a.

Abuts or is contiguous to property zoned CE district; and

b.

Is under unified control.

3.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the CE district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

4.

Unified control. Any property proposed for inclusion within the CE zoning district shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporation). Any zoning district map amendment, site plan, or site plan modification application shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the entire area within the CE zoning district. Further, the entity with unified control must be able to bind the entire area within a proposed CE district to the terms, conditions, uses and site plan.

5.

Common area maintenance. All common open space and public plazas shall conform to their intended use through deeds, covenants, or other arrangements, as approved by the City Attorney, that run with the land.

6.

Gateway or entranceway feature.

a.

A gateway or entranceway into a development is required. The gateway shall be compatible in size, shape, dimension, texture, construction materials, colors and design with the overall development.

b.

Appropriate landscaping and irrigation shall be provided to enhance and maintain the gateway or entranceway feature.

7.

Public transit, pedestrian and bicycle improvements. The Comprehensive Plan allows within the SR-7 Corridor a floor area ratio of 3.0 provided significant public transit improvements are provided. To qualify for a floor area ratio exceeding 1.0., the following public transit and pedestrian enhancing improvements must be provided.

a.

Public transit improvements.

(1)

Bus bay. As a means to address Broward County's transportation concurrency standards and requirements, a bus bay or bays meeting State, County or City standards and requirements shall be provided, where appropriate, as determined by the Broward County Mass Transit Division or the Planning and Zoning Department. Consistent with City off-street parking standards and requirements, the provision of a bus bay abutting the development allows for a fifteen (15) percent credit from the required number of off-street parking spaces.

(2)

Public transit stop amenities. If a public transit stop sign abuts the boundaries of a development within the CE zoning district, an illuminated public transit shelter, a bench, a trash receptacle, information kiosk and landscaping with irrigation abutting the sidewalk must be provided. The above-described public transit amenities shall be compatible with the design of the overall development.

(a)

If the public transit stop is proposed to be used for rapid bus transit, the illuminated shelter must provide for at least ten (10) seats and a pad for handicapped seating. A ten (10) percent parking credit shall be provided for such improvements.

(b)

If the proposed public transit stop is intended for regular public transit, the illuminated shelter must provide for at least five (5) seats and a pad for handicapped seating. A five (5) percent parking credit shall be provided for such improvements.

Further, a minimum eight (8) feet wide covered and illuminated walkway must be provided connecting the public transit shelter to a covered entrance of a major building within the development.

(3)

Signage. As an incentive for the provision of a public transit shelter, bench and amenities, the public transit shelter may include a sign depicting the development or project name.

b.

Pedestrian improvements.

(1)

The minimum width of a sidewalk or pedestrian way within or fronting on a public right-of-way for an arterial road shall be twelve (12) feet.

(2)

A covered and illuminated walkway or arcade at least eight (8) feet wide shall front on at least one (1) side each local street. This requirement may be modified through the site plan or site plan modification process where landscaping and other appropriate treatments are used to protect the pedestrian from the elements.

(3)

There shall be an adequate amount of pedestrian ways and landscape spaces to limit pedestrian use of vehicular ways, and to separate pedestrian ways and public transportation loading places from general vehicular circulation.

(4)

The location and design of pedestrian ways should emphasize desirable views of new and existing on-site and off-site developments.

(5)

Pedestrian friendly connections shall be provided, at appropriate locations, for the seamless integration of a development with recreation and cultural facilities on abutting property zoned Regional Park district. The site plan or site plan modification process shall be used to determine the extent (e.g., dimensions, size, type of construction, etc.) and location of the connection.

(6)

Each development within a CE zoning district shall provide for at least one (1) public plaza or common/village green and appropriate pedestrian amenities.

c.

Bicycle improvements. A bicycle rack, locker or shelter shall be provided at appropriate locations as determined through the site plan or site plan modification process.

8.

Days and hours of operation.

a.

It shall be prohibited for any establishment to be open on Monday through Saturday from 4:00 a.m. to 6:00 a.m. and on Sunday from 6:00 a.m. to 7:30 a.m. The days and hours of operation for both indoor and outdoor live entertainment are Sunday through Thursday from 10:00 a.m. to 4:00 a.m. and on Friday, Saturday and legal holidays from 9:00 a.m. to 4:00 a.m. The City Manager, through the special permit process, may extend the hours of operation for a specific event.

b.

Alcoholic beverage establishment hours during which sales and consumption are prohibited shall follow Article III, Section 5.3.1.

9.

Alcoholic beverage sales and consumption within the district. These provisions shall supersede the general standards and requirements in Article III., Part 5.0. to the extent of any conflict.

a.

Separation requirements. Within the CE zoning district, separation or minimum distance requirements between and among uses licensed by the State and City to sell alcoholic beverages either for consumption on or off premises shall not apply. In addition, the separation or distance requirements for uses licensed by the State and City to sell alcoholic beverages within the CE zoning district and establishments similarly licensed outside the district.

b.

Portability. In accordance with State and City permitting and licensing requirements, alcoholic beverages sold for consumption on the premises by a vendor may be consumed, held, carried and transported in the original or substitute container, at any location within the district.

c.

Outdoor sales. Those persons or entities within the district licensed under State beverage laws, may sell and serve beer, wine, and alcoholic beverages of any type regardless of alcohol content at any location within the district licensed for such sale and under the control of such license, including, but not limited to, sidewalk cafes, outdoor areas designated for food and beverage consumption or both adjacent to and operated in concert with a business operated within enclosed premises, licensed freestanding structures including outdoor bars and kiosks selling food or beverages including alcoholic beverages and pushcart type vehicles, provided that all such operators of such outdoor facilities vending and serving alcoholic beverages shall be duly licensed by the State and allowed to operate pursuant to the City Code of Ordinances and the Land Development Regulations.

d.

Prohibited days and hours of operation. The sale of alcoholic beverages shall be prohibited on Monday through Saturday from 4:00 a.m. to 7:30 a.m., and on Sunday from 4:00 a.m. to noon.

10.

Synergies with abutting zoning districts. Due to the five (5) acre minimum size, the type and intensity of allowable uses, the flexibility of setback and other standards and requirements, developments within the CE zoning district shall create synergies with the uses on the abutting zoning districts, to the maximum extent possible. The site plan or site plan modification process may be used to impose additional standards and requirements on the development in order to further such synergies.

11.

Other considerations.

a.

Overhead doors shall be prohibited from facing the right-of-way of an arterial or collector roadway and are discouraged on local roads.

b.

Roads, pedestrianways, and open space shall be designed and shall be properly related to buildings and appropriately landscaped.

c.

If the development provides for freestanding structures, such as outdoor push-cart vehicles, canopies, and kiosks, for mobile vendors, such structures shall be depicted on the site plan or site plan modification. The site plan or site plan modification shall assure a sufficiently sized and dimensioned area is available for such structures that do not conflict with pedestrian and vehicular flow.

(Ord. No. 02O-10-170, § 2, 11-25-02; Ord. No. 03O-01-106, § 1, 3-31-03; Ord. No. 05O-08-172, §§ 1—9, 9-12-05; Ord. No. 09O-10-160, §§ 1, 2, 2-8-2010; Ord. No. 10O-05-127, §§ 1, 2, 6-14-2010; Ord. No. 12O-06-123, §§ 5, 6, 7-9-2012; Ord. No. 13O-09-149, §§ 2—4, 12-9-2013; Ord. No. 15O-08-129, § 2, 9-11-2015; Ord. No. 19O-10-144, § 1, 11-25-2019)

Editor's note— Ord. No. 09O-10-160, §§ 1, 2, adopted Feb. 8, 2010, contained a scrivener's error which set out provisions intended for use as Art. III, § 3.1.1.G., H. At the editor's discretion, these provisions have been included as Art. III, § 3.2.5.G., H.

(Ord. No. 02O-10-170, § 3, 11-25-02)

3.4.1. Transportation (TR) zoning district.

A.

Purpose and intent. The purpose of the Transportation (TR) zoning district is to provide a zoning district that maintains and accommodates the rights-of-way for expressways, arterial roadways and collector roadways as depicted on the Broward County Trafficways Plan Map. The TR zoning district corresponds to the Transportation future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the TR district as a permitted use:

1.

Bridges and overpasses with four (4) lanes or less;

2.

Open space;

3.

Roadways with four (4) lanes or less;

4.

Tunnels with four (4) lanes or less;

5.

Underground public utilities, such as: electric, fiber optic, gas, potable water, sanitary sewer and stormwater.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Benches and shelters;

2.

Bicycle lanes, bicycle racks and amenities;

3.

Busbays;

4.

Fences and walls;

5.

Landscaping and irrigation;

6.

Lighting;

7.

Medians;

8.

Restrooms and rest areas;

9.

Sidewalks, crosswalks, and similar pedestrian pathways including greenways;

10.

Signs, such as informational and traffic signs;

11.

Toll booths;

12.

Traffic signals;

13.

Utilities.

D.

Special exception uses and structures allowed. The following uses are allowed as special exception uses within the TR district:

1.

Bus stations, taxi dispatch, and park and ride area;

2.

Bridges and overpasses, with more than four (4) lanes;

3.

Maintenance and storage facilities, both indoor and outdoor, provided it does not impede the future construction of an expressway, an arterial road, or a collector road;

4.

Roadways, with more than four (4) lanes;

5.

Telecommunication facilities; and

6.

Tunnels, with more than four (4) lanes.

E.

Review and approval process.

1.

The use of any land within the TR zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

2.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

F.

Development standards. All standards for the development or use or both of TR zoned land shall be established consistent with the site plan process, the site plan modification process, or the special exception use process, or any combination of the same.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and Schedule J. shall apply except as described herein.

1.

Special treatment between districts.

a.

When any existing roadway abuts any residential zoning district and that roadway is being expanded or created so that it exceeds six (6) vehicular lanes, a landscaped buffer area shall be provided between the road and the residential zoning district. The buffer area shall provide for a minimum twelve (12) feet high concrete wall bounded on each side of the wall by a minimum ten (10) feet wide landscaped strip.

b.

When any existing roadway abuts any residential zoning district and that roadway is being expanded or created so that it creates six (6) vehicular lanes, a landscaped buffer area shall be provided between the road and the residential zoning district. The City Commission, through the special exception use process, shall determine the extent and amount of the buffer area.

H.

Special regulations. (Reserved)

(Ord. No. 02O-10-170, § 4, 11-25-02; Ord. No. 05O-03-121, §§ 1—9, 3-28-05)

3.5.1. Open Space Park (PO) zoning district.

A.

Purpose and intent. The purpose of the Open Space Park (PO) district is primarily to preserve the aesthetic and scenic value associated with open land and water. The Open Space Park (PO) zoning district is intended to allow passive recreation uses and to allow outdoor and limited indoor accessory uses. The PO zoning district corresponds to the Recreation and Open Space future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the PO district as a permitted use:

1.

Open space, such as open fields, green space, water bodies and water management tracts within developments and pathways, such as boardwalks, sidewalks, bicycle paths, greenways, exercise and jogging paths, pedestrian bridges, and interpretive trails, whether open or covered, but excluding bridal paths; and

2.

Boat ramps and docks for maintenance; and

3.

Essential utilities and services.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Benches and shelters;

2.

Boat ramps and docks, but limited to canal maintenance purposes;

3.

Busbays, bus shelters and benches and other transit amenities;

4.

Children's playground equipment, such as merry-go-round, slides, and swings;

5.

Exercise and jogging stations;

6.

Fences and walls;

7.

Fitness centers;

8.

Landscaping, including creation of wetlands and uplands;

9.

Lighting, low intensity pedestrian-scaled;

10.

Maintenance and storage facilities, both indoor and outdoor;

11.

Parking and driving areas, such as accessways, bicycle racks, and driveways;

12.

Refuse area, such as compactors, dumpsters and enclosures;

13.

Restrooms and rest areas;

14.

Sculptures, water falls, water fountains and other decorative water features;

15.

Signs, such as decorative and informational signs.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the PO district:

1.

Camping, temporary;

2.

Live entertainment, outdoors;

3.

Telecommunication facilities, such as support structure, equipment buildings, and antennas, consistent with Article III, Part 5.0.

E.

Review and approval process.

1.

The use of any land within the PO zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee consistent with Article IV, Development Review Requirements, Part 5.0., Site Plan.

2.

A special exception use must be approved or approved with conditions by the City Commission consistent with Article IV, Development Review Requirements, Part 4.0., Special Exception Use.

F.

Development standards. All standards for the development or use or both of PO zoned property shall be established pursuant to the special exception use process, the site plan or site plan modification process, or any combination of the above.

G.

Supplemental district regulations. The supplemental district regulations in Article III, Part 6.0., and Schedule J. shall apply except as modified below.

1.

Off-street parking and loading. The site plan or site plan modification review process shall be used to determine the number and location of required parking and loading spaces.

2.

Outside storage. Equipment and loose materials shall be stored in designated areas provided that such areas shall not be located along collector or arterial roadways or across from residential properties. Such areas shall be screened or hidden behind an opaque fence or wall and landscaping and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level. Substantially screened means that at least seventy (70) percent of the use must be hidden from view.

H.

Special regulations. (Reserved).

3.5.2. Local Park (PL) zoning district.

A.

Purpose and intent. The purpose of the Local Park (PL) district is to provide active and passive publicly-owned recreation facilities and uses primarily for neighborhoods and secondarily to the entire City. The Local Park (PL) zoning district is intended to serve as the focal point for various residential neighborhoods and as a pedestrian and bicycle hub. The PL zoning district corresponds to the Recreation and Open Space future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the PL district as a permitted use:

1.

All permitted uses within the Open Space Park (PO) zoning district;

2.

Amusement room, game room, recreation center;

3.

Athletic courts, such as basketball, handball, netball, shuffleboard, squash, tennis and volleyball;

4.

Athletic fields, such as baseball, cricket, football, soccer, softball, and track and field;

5.

Batting cage, archery range but excluding gun range;

6.

Billiard or pool hall;

7.

Fitness center, gym, health spa;

8.

Golf course and golf driving range;

9.

Reserved;

10.

Golf course and golf driving range;

11.

Libraries, museums and cultural facilities;

12.

Live entertainment, indoors;

13.

Public parks administration;

14.

Skating rinks, roller and ice but excluding skateboarding;

15.

Stadium, minor with four hundred ninety-nine (499) seats or less;

16.

Swimming pools, including instructional and wading;

17.

Telecommunication facility, antenna and equipment building; and

18.

House of religious worship.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

All accessory uses allowed within the Open Space Park (PO) zoning district;

2.

Bleachers, temporary, up to four hundred ninety-nine (499) seats batting cages and pitching machine, archery range but excluding gun range;

3.

Camping, temporary;

4.

Concession facilities, such as club houses, pro shops, refreshment and eating stands, rental facilities, and souvenir shops;

5.

Education, instructional, such as arts and crafts, dance, drama, music and photography classes;

6.

Education, training, but limited to civic related uses such as health and nutrition seminars and events;

7.

Lighting, sports, but not to exceed thirty (30) feet in height;

8.

Maintenance and storage facilities, both indoor and outdoor;

9.

Passive indoor recreational activities, such as billiards, board games, bingo, card games, dominoes, and table tennis;

10.

Public safety facilities and services, such as fire and rescue, lifeguard, park ranger and police;

11.

Special events, such as Happy Halloween and Spring Break, recreation and sport events, and socials consistent with the Code of Ordinances; and

12.

House of religious worship.

D.

Special exception uses and structures. The following uses are allowed as special exception uses within the PL district:

1.

All special exception uses allowed in the Open Space Parks zoning district;

2.

Amphitheatre, arena, movie theatres and performing arts center, minor or major;

3.

Athletic field, nighttime use;

4.

Bandshell;

5.

Child care, day, evening or weekend consistent with Article III, Part 5.0.;

6.

Holiday sales; and

7.

Stadium, major with five hundred (500) seats or more.

E.

Review and approval process.

1.

The use of any land within the PL zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee consistent with Article IV, Development Review Requirements, Part 5.0., Site Plan.

2.

A special exception use must be approved or approved with conditions by the City Commission consistent with Article IV, Development Review Requirements, Part 4.0., Special Exception Use.

F.

Development standards. All standards for the development or use or both of PL zoned property shall be established consistent with the special exception use process, the site plan or site plan modification process, or any combination of same.

G.

Supplemental district regulations. The supplemental district regulations in Article III, Part 6.0., and Schedule J. shall apply except as modified below.

1.

Fences. A minimum six (6) feet high Crime Prevention Through Environmental Design (CPTED) approved fence, painted black, shall be required along the frontage of collector or arterial roadways.

2.

Off-street parking and loading. The site plan or site plan modification review process shall be used to determine the number and location of required parking and loading spaces.

3.

Outside storage. Vehicles, equipment and loose materials shall be stored in designated areas provided that such areas shall not be located along collector or arterial roadways. Such areas shall be screened or hidden behind an opaque fence or wall and landscaping and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level. Substantially screened means that at least seventy (70) percent of the use must be hidden from view. The minimum lot size for the outdoor storage of vehicles and equipment is twelve (12) acres. This paragraph shall not apply to the outdoor storage of the Show Mobile at the Sports Park.

H.

Special regulations. (Reserved).

3.5.3. Regional Park (PR) zoning district.

A.

Purpose and intent. The primary purpose of the Regional Park (PR) zoning district is to provide active and passive publicly-owned recreation facilities and uses on land exceeding forty (40) acres and serving the City and the surrounding areas. The secondary purpose of the PR zoning district is to promote economic development and a "sense of place" by seamlessly integrating sports-related and cultural facilities and uses with abutting commercial developments while protecting abutting residential uses. The Regional Park (PR) zoning district also is intended to apply to land with special environmental or cultural resources and to recreational, environmental and cultural uses. The PR zoning district corresponds to the Recreation and Open Space future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following types of uses are allowed within the PR district as a permitted use:

1.

Amphitheatre, arena, movie theatres and performing arts center, minor with less four hundred ninety-nine (499) seats or less;

2.

Athletic courts such as basketball, handball, netball, shuffleboard, squash, tennis and volleyball;

3.

Athletic field, daytime use;

4.

Batting cage, archery range but excluding gun range boat ramps and docks, for maintenance and recreational purposes;

5.

Essential utilities and services;

6.

Fishing;

7.

Golf courses and driving range,

8.

Libraries, museums and cultural facilities;

9.

Live entertainment, indoors;

10.

Open space, such as open fields, green space, and water bodies and pathways, excluding bridle paths;

11.

Public parks administration;

12.

Skating rink, such as roller hockey and skating, including skate ramps and skate playgrounds but excluding skateboarding;

13.

Stadium, minor with four hundred ninety-nine (499) seats or less;

14.

Swimming pool, including instructional and wading;

15.

Telecommunication facilities, antenna and equipment building; and

16.

House of religious worship.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Batting cages and pitching machines, archery range but excluding gun range;

2.

Benches and shelters;

3.

Bleachers, temporary, up to four thousand nine hundred ninety-nine (4,999) seats;

4.

Busbays, bus shelters and benches and other transit amenities;

5.

Camping, temporary;

6.

Children's playgrounds equipment, such as merry-go-round, slides, and swings;

7.

Concession facilities, such as club houses, pro shops, refreshment and eating stands, rental facilities, and souvenir shops;

8.

Education, instructional, such as arts and crafts, dance, drama, music and photography classes;

9.

Education, training, but limited to civic-related uses such as health and nutrition seminars and events;

10.

Exercise and jogging stations;

11.

Landscaping, including creation of wetlands and uplands fences and walls;

12.

Landscaping, including creation of wetlands and uplands;

13.

Lighting, including pedestrian-scaled lighting and sports lighting, but not to exceed thirty (30) feet in height;

14.

Maintenance and storage facilities, both indoor and outdoor;

15.

Parking, including structured parking facility and driving areas, such as accessways, bicycle racks, driveways; loading areas, parking areas and structures, and roads;

16.

Passive indoor recreational activities, such as board games, card games, dominoes, and table tennis;

17.

Public safety facilities and services, such as fire and rescue, lifeguard, park ranger and police or sheriff;

18.

Refuse area, such as compactors, dumpsters and enclosures;

19.

Restrooms and rest areas;

20.

Sculptures, waterfalls, water fountains and other decorative water features;

21.

Signs, such as decorative and informational signs;

22.

Special events, such as chili cook-off, recreation and sport events, and socials, consistent with the Code of Ordinances; and

23.

House of religious worship.

D.

Special exception uses and structures allowed. The following uses are allowed as special exception uses within the PR district:

1.

Amphitheatre, arena, movie theatres and performing arts center, major with five hundred (500) seats or more;

2.

Athletic field, nighttime use;

3.

Bandshell;

4.

Bleachers, temporary, with five thousand (5,000) or more seats;

5.

Child care, day, evening and weekend, consistent with Article III, Part 5.0.;

6.

Holiday sales consistent with Article III, Part 5.0.;

7.

Live entertainment, outdoor, consistent with Article III, Part 5.0.;

8.

Stadium, major with five hundred (500) seats or more;

9.

Telecommunication facilities, including support structure consistent with Article III, Part 5.0.; and

10.

Water play areas, water slide, tube ride.

E.

Review and approval process.

1.

The use of any land within the PR zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee pursuant to Article IV, Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

2.

A special exception use must be approved or approved with conditions by the City Commission pursuant to Article IV, Development Review Requirements, Part 4.0., Special Exception Use.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Minimum district size. The minimum area that may be zoned PR district is forty (40) acres, inclusive of areas required for public dedication. Notwithstanding the above, areas equal to or exceeding one (1) acre may be zoned PR district if such property is contiguous to an existing PR zoning district.

2.

Street frontage. Due to its size, property zoned PR district shall have street frontage on two (2) arterial roadways. The minimum street frontage on each arterial roadway is one hundred (100) linear feet.

3.

Setbacks. Building setback standards shall be established as part of the site plan or site plan modification approval process. Minimal setback standards shall be the rule provided that such setbacks facilitate public transit, pedestrian-oriented development or a "sense of place" with abutting commercial developments.

4.

Height. The maximum building height is fifty (50) feet. Notwithstanding the above, the City Commission may allow any special exception use to have a maximum height of one hundred twenty-five (125) feet. The fifty (50) feet maximum building height is not intended to apply to sport light poles, which may have a maximum building height up to one hundred ten (110) feet. Focal points may have a maximum height of one hundred fifty (150) feet, provided the Future Land Use Element is amended to allow a focal point to have such a maximum height.

G.

Supplemental district regulations. The supplemental district regulations in Article III, Part 6.0., and Schedule J. shall apply except as modified below.

1.

Access requirements and restrictions. Property zoned PR district shall be accessible from a minimum of two (2) arterial roadways.

2.

Perimeter boundary. A landscape boundary shall be provided around each PR zoning district. Parking structures, perimeter roadways, and other paving is not allowed within this peripheral greenbelt except for bicycle paths, sidewalks, greenway or access roads that provide ingress and egress for traffic and that are generally perpendicular to the greenbelt. A minimum fifteen (15) feet wide greenbelt shall be provided except that:

a.

A minimum twenty-five (25) feet wide landscaped buffer shall be provided when abutting an arterial or collector road;

b.

A minimum twenty (20) feet wide landscaped buffer shall be provided when abutting any property zoned residential district.

The landscaped boundary shall provide for at least one (1) tree every forty (40) linear feet. The remainder of the landscaped strip shall be landscaped with grass, groundcover, or other landscape treatment, excluding pavement.

3.

Fences. A minimum six (6) feet high Crime Prevention Through Environmental Design (CPTED) approved fence, painted black, shall be required along the frontage of arterial roadways.

4.

Off-street parking.

a.

Arenas, auditoriums and stadiums. For a facility with five thousand (5,000) permanent seats or more, one (1) paved parking space for each twelve (12) seats and one (1) grass stabilized parking space for each twelve (12) seats.

b.

Cultural arts center and libraries. One (1) paved parking space for each three hundred (300) feet of gross floor area including covered walkways.

c.

Open space, courts and other land areas parking. One (1) paved parking space and one (1) grass stabilized parking space per acre.

d.

Water slide. Fifteen (15) paved parking space for each acre.

e.

In lieu parking fee. If it is impossible or inappropriate to provide the required number of on-site paved parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. The fee is established at seven thousand five hundred dollars ($7,500.00) per space and all proceeds from such a fee shall be used for parking purposes. The in-lieu fee may be paid all at one time or in installments. Installment payments may be made over a none year period in ten (10) payments, the first payment which would be due upon execution of the installment agreement. The remaining nine (9) payments would be due annually. Interest shall not be charged during the first three (3) years. Beginning in year four (4) of the payment schedule, a simple interest rate of five (5) percent per annum will apply to the unpaid balance and be added to payments five (5) through ten (10).

5.

Off-street loading. The site plan or site plan modification review process shall be used to determine the number and location of required loading spaces.

6.

Outside storage. Vehicles, equipment and loose materials shall be stored in designated areas provided that such areas shall not be located along collector or arterial roadways or across from residential properties. Such areas shall be screened or hidden behind an opaque fence or wall and landscaping and shall be screened from view from abutting properties and the public right-of-way as viewed from ground level.

H.

Special regulations. The special regulations as set forth herein shall apply within the PR zoning district.

1.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the PR district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

2.

Economic development and place making. Due to the forty (40) acre minimum size, the type and intensity of allowable uses, and street frontage on two (2) arterial roadways, sports-related (such as arena auditorium and stadium) and cultural-related (such as bandshell, cultural arts center and library) facilities and uses shall be located adjacent to and integrated with, to the maximum extent possible, abutting existing or planned commercial uses in order to create a sense of place and to generate synergies with such developments. Consistent with Paragraph 3.5.3.F.4., minimum setbacks from land zoned commercial district shall be the rule.

3.5.4. Commercial Recreation (CR) zoning district.

A.

Purpose and intent. The purpose of the Commercial Recreation (CR) zoning district is to accommodate privately-owned commercial recreation facilities that offer recreational opportunities to residents and tourists. The CR zoning district corresponds to the Commercial Recreation future land use designation in the Future Land Use Element of the Comprehensive Plan.

B.

Permitted principal uses and structures. The following uses and structures are allowed within the CR zoning district as a permitted use or structure:

1.

Tennis courts; and

2.

Minimum par 3 nine-hole golf courses and golf driving range.

C.

Accessory uses and structures. The following uses are allowed when part of, or accessory to, the principal use:

1.

Administrative offices;

2.

Alcoholic beverage use (e.g., bar, lounge, pub or tavern) but excluding package store and hotel bar;

3.

Banquet facility operated in conjunction with a golf course;

4.

Bicycle facilities and amenities, such as bike lane or path, bike rack and bike locker, but excluding bicycle rink or park;

5.

Essential services and utilities;

6.

Fences and walls;

7.

Fitness club, gym, health spa;

8.

Golf and tennis clubs;

9.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

10.

Light poles and fixtures excluding athletic field light poles and fixtures but allowing such light poles and fixtures provided they are existing and located within a currently operating permitted uses;

11.

Live entertainment, indoor;

12.

Parking facilities, such as a garage, driveway, parking lot and structure;

13.

Pedestrian facilities and amenities, such as sidewalks, crosswalks, benches, and gazebos;

14.

Pool tables associated with existing permitted uses limited to a maximum of two (2);

15.

Private club or country club operated in conjunction with a golf course or a tennis court;

16.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

17.

Retail sales and personal services uses totaling collectively less than ten thousand (10,000) square feet per development;

18.

Restaurant, restaurant bar, catering and beverage uses for consumption on premises;

19.

Signs, such as business address sign, entrance signs, wayfinding signs and dynamic display signs in accordance with LDR Schedule I, Section 15.2.a.;

20.

Stormwater retention and detention facilities and appurtenances;

21.

Storage and maintenance facilities for equipment used solely to maintain the premises;

22.

Swimming pool;

23.

Transit facility and amenities, such as bus shelters and benches but excluding transit depot, maintenance and parking facilities;

24.

Vehicular facilities and amenities, such as accessways, driveways, roadways, and traffic calming improvements;

25.

House of religious worship.

D.

Special exception uses and structures. The following uses and structures are allowed as a special exception use within the CR district:

1.

Reserved.

E.

Review and approval process.

1.

A Zoning District Map amendment to the CR zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission at a public hearing consistent with Article IV., Development Review Requirements, Part 2.0., Zoning Map Amendments.

2.

The use of any land within the CR zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee consistent with Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

3.

A special exception use must be approved or approved with conditions by supermajority vote of the City Commission consistent with Article IV., Development Review Requirements, Part 4.0., Special Exception Use.

4.

In legally established buildings and structures, land uses shall be allowed upon application and receipt of a Certificate of Use and Local Business Tax Receipt consistent with Code of Ordinances Chapter 12, Business Regulations. If building or structure improvements are proposed, receipt of a certificate of occupancy or completeness shall be required.

5.

Any unplatted lot or parcel shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Broward County Board of County Commissioners, and recording of the plat in the public records of Broward County, Florida consistent with Article IV., Development Review Requirements, Part 6.0., Plat and Subdivision Plan Review.

F.

Development standards. The development standards as set forth herein shall apply.

1.

Minimum lot frontage. The minimum lot street frontage is two hundred (200) linear feet.

2.

Minimum lot area. The minimum lot size is forty thousand (40,000) square feet.

3.

Maximum lot coverage. The maximum lot coverage shall be determined through the site plan or site plan modification process but shall not exceed a maximum thirty-five (35) percent of the gross acreage.

4.

Setbacks. The minimum building setbacks are:

a.

Front side: Twenty-five (25) feet;

b.

Interior side: Twenty-five (25) feet;

c.

Street side: Twenty-five (25) feet;

d.

Rear side: Twenty-five (25) feet.

5.

Maximum building height. The maximum building height is four (4) stories or fifty (50) feet; however, the maximum building height may not be allowed if the Department determines the maximum building height is not compatible with the surrounding uses.

G.

Supplemental district regulations. The supplemental district regulations set forth in Article III., Part 6.0., and Schedules I, J, K, L and M shall apply except as modified below.

1.

Off-street loading standards and requirements. Off-street loading standards and requirements shall be determined through the site plan or site plan modification application process.

2.

Sign standards and requirements. The sign standards in LDR Schedule I shall apply except as modified herein.

a.

Identification sign. One (1) nameplate or identification sign shall be permitted on or near the front and rear door of the building with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet. No permit shall be required.

b.

Wall sign. One (1) wall identification sign shall be permitted not to exceed in square footage two (2) times the width of the building frontage.

c.

Painted sign. Painted and permanent window signs shall be permitted when professionally applied in paint or vinyl and limited to thirty (30) percent of the glass surface to which they are applied. No permit shall be required.

d.

Ground sign. One (1) ground/directory sign shall be permitted per site street frontage, such sign shall be flush built with the ground on a masonry, metal or rot resistant wood pedestal base at least two-thirds (⅔) as wide as the sign face. The sign must be on a five-foot minimum width landscape island with curing for protection from vehicles. The size of such sign shall not exceed the limitations as follows:

e.

Time and temperature signs. Signs showing the time and temperature may be permitted as part of allowed ground signs provided that not more than four (4) feet in height is added to the allowable height of the ground sign.

3.

Landscaping and irrigation standards and requirements. These standards and requirements shall be determined through the site plan or site plan modification application process.

4.

Paint standards and requirements. All building and structure exterior wall surfaces shall be painted, shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. Community Appearance Committee approval of the paint colors is required before any exterior surface can be painted.

H.

Special regulations. The special regulations as set forth herein shall apply within the CR zoning district.

1.

Minimum zoning district size. The minimum area that may be zoned CR district is five (5) acres, inclusive of areas required for public dedication. Notwithstanding the above, areas equal to or exceeding forty thousand (40,000) square feet may be zoned CR district if such property abuts an existing CR zoning district.

2.

Special permit. Live entertainment, outdoors, shall be allowed as an accessory use through the special permit or promotional license process.

3.

Outside storage. Vehicles, equipment and loose materials shall be stored in designated areas provided that such areas shall not be located along collector or arterial roadways. Such areas shall be screened or hidden behind an opaque fence or wall and landscaping and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level. Substantially screened means that at least seventy (70) percent of the use must be hidden from view.

4.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the CR zoning district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

5.

Building relationship and design. Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear building elevations shall be consistent and compatible with the treatment applied to the front.

6.

Pedestrian facilities and amenities.

a.

There shall be an adequate amount of pedestrianways and landscaped space to limit pedestrian use of vehicular ways and to separate pedestrianways from general vehicular circulation.

b.

The location and design of pedestrian ways shall emphasize desirable views, and provide convenient access and connectivity to abutting public pedestrianways.

c.

A minimum five-feet wide sidewalk shall be installed in public rights-of-way or access easement along one (1) side of the entrance or access road.

d.

There shall be a clearly delineated, safe, paved pedestrian pathway at least five-[feet] wide connecting the public sidewalk to the entrance of the principal building, from the principal building to the entrance of other buildings, and to parking areas.

7.

Bicycle facilities and amenities. A bicycle rack, locker or shelter shall be provided and the number and location of such facilities and amenities shall be determined through the site plan or site plan modification process.

8.

Public transit facilities and amenities.

a.

Public transit facilities and amenities, such as bus bays, bus shelters and benches, shall be provided to serve an existing or proposed County public transit route when considered appropriate by the Broward County Mass Transit Division or the Department of Environmental and Engineering Services.

b.

If the Broward County Mass Transit Division does not consider it appropriate to provide public transit facilities and amenities to serve an existing or proposed County public transit route, the Department of Environmental and Engineering Services may require such facilities and amenities to serve an existing or proposed City community bus route.

9.

All pre-existing golf course and golf driving range uses within the CR zoning district shall be required to conduct environmental activities necessary to investigate and remediate any pre-existing environmental conditions on the property at the time said use ceases to be operational as a golf course or golf driving range. A "no further action" determination or clearance documentation in related to such development from Broward County's Environmental and Consumer Protection Division shall be submitted to the Planning and Zoning Department within six (6) months from date of vacancy by property owner.

(Ord. No. 02O-10-170, § 5, 11-25-02; Ord. No. 04O-06-143, §§ 1—9, 6-28-04; Ord. No. 04O-06-144, §§ 1—9, 6-28-04; Ord. No. 04O-06-145, §§ 1—9, 6-28-04; Ord. No. 05O-01-103, §§ 1, 2, 1-31-05; Ord. No. 05O-07-159, § 1, 8-29-05; Ord. No. 09O-07-131, §§ 1, 2, 8-31-09; Ord. No. 11O-06-137, §§ 1—9, 6-27-2011; Ord. No. 12O-06-123, §§ 3, 4, 7-9-2012; Ord. No. 15O-08-129, § 3, 9-11-2015; Ord. No. 20O-02-108, § 1, 2-24-2020; Ord. No. 20O-06-118, § 1, 7-13-2020)

3.6.1. Community Facility (CF) zoning district.

A.

Purpose and intent. The purposes of the Community Facility (CF) zoning district are:

1.

To provide locations for public, semi-public, and private uses and activities that benefit and service the community, such as civic and cultural facilities, educational facilities, governmental facilities, medical and veterinarian facilities, public assembly facilities and religious facilities; and

2.

To encourage the most appropriate use and re-use of land and water by providing a zoning district with flexible development standards; and

3.

To encourage community facility uses to serve as focal points for the surrounding community.

The intent of the CF zoning district is to be consistent with and be one of the zoning districts to implement the Community Facility future land use designations in the Future Land Use Element of the Comprehensive Plan. It also is intended to implement the Commercial future land use designation.

B.

Permitted principal uses and structures. The following types of uses and structures are allowed within the CF zoning district as a permitted use or structure:

1.

Animal hospital;

2.

Athletic courts, such as basketball, handball, netball, shuffleboard, squash, tennis and volleyball;

3.

Athletic fields, such as baseball, cricket, football, soccer, softball, and track and field;

4.

Birthing center;

5.

Community gardens subject to the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.;

6.

Fire-Rescue and Police facilities;

7.

Government administration offices but excluding courthouses;

8.

House of religious worship;

9.

Library;

10.

Live entertainment (indoors);

11.

Museum;

12.

Open space, such as open fields, green space, water bodies and water management tracts within developments;

13.

Parking facilities, such as public parking lots and garages but excluding airports and heliports; and

14.

Pathways, such as boardwalks, sidewalks, bicycle paths, greenways, exercise and jogging paths, pedestrian bridges, and interpretive trails, whether open or covered.

C.

Accessory uses and structures. The following types of uses and structures are allowed when part of, or accessory to, the principal use:

1.

Administrative office;

2.

Auditorium clearly accessory or incidental to the primary or principal use;

3.

Banquet hall;

4.

Boat dock;

5.

Children's play equipment and play houses;

6.

Driveways;

7.

Essential services and utilities;

8.

Fences and walls;

9.

Food and beverage;

10.

Greenhouse;

11.

Landscaping and irrigation, sculptures, water falls and fountains, and other similar decorative features;

12.

Lighting facilities;

13.

Refuse area, pursuant to the standards and requirements set forth in Article III., Part 5.0.;

14.

Signs, such as street address sign;

15.

Swimming pool and cover, pool deck, and similar structures;

16.

Telecommunication antenna and equipment, subject to Article III., Part 5.0., Special Regulations for Specific Land Use Classifications;

17.

Temporary but not permanent detention or holding facilities incidental to a police facility;

18.

House of worship and typical support activities attendant with, or incidental to, a house of religious worship, such as attendant childcare, fundraising (e.g., spaghetti dinner), and religious education (e.g., Sunday School, Bible/Torah studies);

19.

Transportation corridor facilities and amenities, such as electronic traffic signals and their support structures, and informational and traffic signs; bicycle racks and lockers; public transit shelters, benches, kiosks; pedestrian crosswalks, lighted bollocks [bollards] and poles; and similar facilities and amenities; and

20.

Utilities, incidental to the development.

D.

Special exception uses and structures allowed. The following types of uses and structures are allowed as special exception uses within the CF zoning district:

1.

Amphitheatre, arena, performing arts facility, and stadium;

2.

Auditorium, civic and community center, conference and convention center;

3.

Childcare;

4.

Diagnostic laboratory testing facility, health clinic, hospital, and physical rehabilitation center;

5.

Educational facilities, including art (e.g., dance, music, painting, sculpture) schools, business training schools, colleges and universities, public and private primary and secondary schools, and vocational training school;

6.

Semi-private facilities, such as a fraternal organization, lodge hall, private club, and social club or organization;

7.

Special Residential Facility, Category 3, subject to the standards and requirement set forth in these Land Development Regulation and the special regulations in Article III., Part 5.0.;

8.

Telecommunication support structure, subject to Article III., Part 5.0., Special Regulations for Specific Land Use Classifications; and

9.

Temporary real estate sales office consistent with Article VII., Section 8.

E.

Review and approval process. It is unlawful and a violation of these Land Development Regulations or Code of Ordinances or both to operate a land use or undertake development activities before receipt of all required development orders, permits, licenses and local business tax receipts. The review and approval processes are summarized below.

1.

Painting the exterior of any building or structure requires Community Appearance Committee approval.

2.

Wall and fence improvements, pavement related improvements (such as sidewalks, driveways, and patios) and applicable Florida Building Code improvements may require Development Review Committee approval and shall require building permit approval from the Building Division.

3.

A Zoning District Map amendment to the CF zoning district shall require a recommendation from the Planning and Zoning Board and approval by majority vote of the City Commission at a public hearing consistent with Article IV., Development Review Requirements, Part 2.0., Zoning Map Amendments.

4.

The use of any land within the CF zoning district shall require site plan approval by the Planning and Zoning Board or site plan modification approval by the Development Review Committee consistent with Article IV., Development Review Requirements, Part 5.0., Development Plan/Site Plan Review.

5.

A special exception use development order must be approved or approved with conditions by supermajority vote of the City Commission pursuant to Article IV., Development Review Requirements, Part 3.0., Special Exception Use.

6.

Any un-platted lot or parcel shall require preliminary plat approval by the Planning and Zoning Board, final plat approval by both the City Commission and the Broward County Board of County Commissioners, and recording of the plat in the public records of Broward County, Florida consistent with Article IV., Development Review Requirements, Part 6.0., Plat and Subdivision Plan Review.

7.

In legally established buildings and structures, land uses shall be allowed upon application and receipt of a Certificate of Use and Local Business Tax Receipt consistent with Code of Ordinances Chapter 12, Business Regulations. If building or structure improvements are proposed, receipt of a certificate of occupancy or completeness shall be required.

F.

Development standards. The development standards as set forth herein shall apply within the CF zoning district.

1.

Lot frontage. The minimum lot street frontage shall be established during the site plan or site plan modification approval process.

2.

Lot area. The minimum lot area shall be established during the site plan or site plan modification approval process.

3.

Lot coverage. The maximum impervious area lot coverage is thirty-five (35) percent. The maximum lot coverage may be exceeded in cases where an on-site retention system is provided for any runoff generated by the impervious area that is in excess of the maximum allowed in the preceding table. In order to exceed the maximum lot coverage, sealed drawings that set forth the on-site drainage retention must be submitted by an architect, engineer or landscape architect registered in the State of Florida. The plans must be approved by the city engineer prior to the issuance of a building permit for the use that causes the need for the on-site retention system. The system must be designed to retain on-site the 25-year, 3-year storm event. In no case shall any lot exceed sixty-five (65) percent lot coverage even when an on-site drainage system is provided.

4.

Setbacks. Building and structure setback standards shall be established during the site plan or site plan modification approval process. Minimal setback standards shall be the rule provided that such setbacks facilitate public transit or pedestrian-oriented development or encourage the most appropriate use and re-use of land and water.

5.

Height. The maximum building height shall not exceed eight (8) stories or one hundred (100) feet, except that telecommunication support structures may have a maximum height of one hundred fifty (150) feet.

6.

Density. For Special Residential Facilities, Category 3, the maximum residential density shall be ten (10) dwelling units or forty (40) beds per gross acre.

G.

Supplemental district regulations. The supplemental district regulations in Article III., Part 6.0., and Schedules I and J. shall apply except as modified herein.

1.

Landscaping and irrigation standards and requirements. The minimum landscaping requirements shall be established during the site plan or site plan modification approval process.

H.

Special regulations. The special regulations as set forth herein shall apply within the CF zoning district.

1.

Minimum district size. A zoning district map amendment to CF shall require a minimum size of ten thousand (10,000) square feet unless the parcel, lot or tract is contiguous to land zoned CF district or unless the Planning and Zoning Board recommends by majority vote and the City Commission approves by a minimum four-fifths (⅘) vote a district with a smaller size.

2.

Special permit. Live entertainment, outdoors, shall be allowed as an accessory use through the special permit or promotional license process.

3.

Outside storage. Vehicles, equipment and loose materials shall be stored in designated areas provided that such areas shall not be located along collector or arterial roadways. Such areas shall be screened or hidden behind an opaque fence or wall and landscaping and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level. Substantially screened means that at least seventy (70) percent of the use must be hidden from view.

4.

Underground utilities. All utilities, including telephone, television cable and electrical systems, within the boundaries of the CF zoning district shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the underground requirement. Appurtenances to the utility systems that are normally located above ground are exempted from the underground requirement; however, when located above ground they shall be screened in a manner approved by the Planning and Zoning Board or the Development Review Committee.

5.

Building relationship and design. Individual buildings shall be related to each other in design, masses, materials, placement and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear building elevations shall be consistent and compatible with the treatment applied to the front.

6.

Pedestrian facilities and amenities.

a.

There shall be an adequate amount of pedestrianways and landscaped space to limit pedestrian use of vehicular ways and to separate pedestrianways from general vehicular circulation.

b.

The location and design of pedestrian ways shall emphasize desirable views, and provide convenient access and connectivity to abutting public pedestrianways.

c.

A minimum five (5) feet wide sidewalk shall be installed in public rights-of-way or access easement along one (1) side of the entrance or access road.

d.

There shall be a clearly delineated, safe paved pedestrian pathway at least five (5) feet wide connecting the public sidewalk to the entrance of the principal building, from the principal building to the entrance of other buildings, and to parking areas.

7.

Bicycle facilities and amenities. A bicycle rack, locker or shelter shall be provided and the number and location of such facilities and amenities shall be determined through the site plan or site plan modification process.

8.

Public transit facilities and amenities.

a.

Public transit facilities and amenities, such as bus bays, bus shelters and benches, should be provided to serve an existing or proposed County public transit route when considered appropriate by the Broward County Mass Transit Division or the Department of Environmental and Engineering Services.

b.

If the Broward County Mass Transit Division does not consider it appropriate to provide public transit facilities and amenities to serve an existing or proposed County public transit route, the Department of Environmental and Engineering Services may require such facilities and amenities to serve an existing or proposed City community bus route.

9.

Fire station. In keeping with the flexible purpose of these zoning district regulations, the development standards herein and in Schedule C, any supplemental development standards (e.g., parking, loading, signage, etc.), landscaping, and any special regulations herein shall be determined through the site plan or site plan modification process.

(Ord. No. 02O-10-170, § 6, 11-25-02; Ord. No. 08O-08-134, §§ 1—9, 9-8-08; Ord. No. 12O-06-123, § 7, 7-9-2012; Ord. No. 13O-11-155, § 1, 12-9-2013; Ord. No. 14O-05-120, § 5, 7-14-2014; Ord. No. 14O-06-126, § 1, 6-30-2014; Ord. No. 15O-08-129, § 4, 9-11-2015)

(Ord. No. 02O-10-170, § 7, 11-25-02)

3.8.1. Mixed use development.

A.

Purpose and intent. The purpose of the mixed use (MU) development is to encourage diversity of compatible land uses on the same development parcel. which may include a mixture of residential uses in conjunction with commercial uses. MU development is permitted in the districts as defined in Schedule B as provided in the LDR. A MU development located in the Transect Zone Overlay (TOC) District are required to follow the SmartCode in Schedule S of the LDR. A development located in the Commercial Entertainment (CE) District can utilize the MU development, SmartCode or planned unit development. The development must use only one set of aforementioned development regulations in its entirety.

MU developments, whether comprised of a single parcel or multiple parcels whether developed as a single-use building or MU building shall exhibit the characteristics of a unified MU development with respect to compatible mix of uses, traffic and pedestrian circulation, unifying design elements, and inter-relationships between the uses.

B.

Principal uses and structures permitted. The following uses are allowed within the MU development:

1.

Residential and commercial uses permitted within a MU development as provided by the zoning district where the MU development is located.

2.

The commercial uses permitted per Schedule B of the LDR are allowed within MU Development as follows:

a.

The aggregate of the commercial use or uses shall be ten (10) percent of the total development site. The following uses are allowed:

1.

Retail.

2.

Restaurant.

3.

Personal services.

4.

Business and professional offices.

5.

Fitness center, gym, health and wellness spa.

b.

The following uses are prohibited in MU developments:

1.

Automobile repair.

2.

Automobile sales, car rental.

3.

Car wash.

4.

Primary and secondary, charter and private schools.

5.

Remedial.

6.

Firearm and ammunitions sales.

7.

Funeral establishments.

8.

Gas or service stations.

9.

Laundromat, self service.

10.

Manufacturing compounding, processing and storage.

11.

Medical marijuana health care establishment.

12.

Self-service storage facility.

13.

Special residential facilities (Category 3).

14.

Studio.

C.

Accessory uses and structures permitted. The following uses and structures are allowed when part of, or accessory to, the principal use:

1.

Bicycle facilities and amenities;

2.

Bus shelters and benches;

3.

Courtyards and plazas;

4.

Dumpster enclosures;

5.

Fences and walls;

6.

Greenways, landscaping and yards;

7.

Lighting poles and fixtures;

8.

Outdoor dinning and sidewalk café;

9.

Parking areas, driveways and sidewalks;

10.

Refuse areas;

11.

Signs.

D.

Special exceptions. All land uses and structures permitted as special exception in the underlying zoning district will require a special exception use (SEU) approval by the City Commission in the MU development.

E.

Allocation of flexibility units. Proposed MU developments, require SEU approval by the City Commission to reserve flexibility units before approval of a site plan. Such reservation may include allocation of a specific number of flexibility units. No flexibility will be reserved unless it is consistent with the city's comprehensive plan. The Planning and Zoning Director shall make the determination as to consistency with the City's comprehensive plan. The Planning and Zoning Director may also assign flexibility to eligible locations by including the resulting numbers in the density monitoring report.

MU developments located in the TOC are not required to allocate flexibility units.

F.

Review and approval process.

1.

All permitted and accessory uses shall be allowed upon initial approval by the Development Review Committee and Community Appearance Committee and by subsequent approval by the Chief Building Official for buildings and structures requiring a building permit and otherwise comply with applicable use restrictions.

2.

A SEU must be approved or approved with conditions by the City Commission pursuant to Article IV., Development Review Requirements, Part 4.0., SEU per permitted use request.

3.

Any lot or parcel requiring platting shall require preliminary plat approval by the Planning and Zoning Board and final plat approval by both the City Commission and the Broward County Board of County Commissioners.

G.

Development standards. Development standards not specifically stated in this section shall follow the underlying zoning district in which the property is located

Lot size:

1.

Minimum lot size—one (1) acre to less than two (2) acres.

a.

Minimum lot width one hundred fifty (150) feet.

b.

Density twenty-two (22) units per acre.

c.

Height—maximum eight (8) stories or one hundred (100) feet.

d.

Sidewalk requirements. A minimum six-foot-wide sidewalk along all streets abutting the property proposed for a MU shall be required. MU developments on property within a nonresidential zoning district must provide eight-foot sidewalks in a location and manner approved by the city engineer.

2.

Lot size Two (2) acres and greater.

a.

Minimum lot width one hundred fifty (150) feet.

b.

Density forty-five (45) units per acre.

c.

Height—maximum eight (8) stories or one hundred (100) feet.

d.

Sidewalk requirements. A minimum eight-foot-wide sidewalk along all streets abutting the property proposed for a MU shall be required. MU developments on property within a nonresidential zoning district must provide eight-foot sidewalks on all streets abutting the property in a location and manner approved by the city engineer.

H.

Design standards and guidelines. All new non-residential development and redevelopment shall be consistent with the architectural design guidelines set forth in Schedule P., Design Guidelines. The Planning and Zoning Director shall have the authority to adjust the application of the design guidelines on existing developments undergoing redevelopment to allow the reasonable development of the property.

I.

Supplemental district regulations.

1.

Shared parking. A MU Development may apply to the City Commission for approval of shared parking. The application must include an independent parking study in a form acceptable to the City completed by a licensed engineer which includes but is not limited to information indicating the uses are such that a sufficient disparity in peak demand for parking spaces existing to support the concept of shared parking.

2.

Landscaping and open space requirements.

a.

Street trees shall be planted and maintained along the street abutting the property where the MU is located in a manner to provide a canopy effect.

b.

The type of street trees may include shade tree, flowering tree and palms. The trees shall be planted at a minimum height and size in accordance with the requirements of Schedule J., Landscape Installation, Irrigation and Maintenance Standards and Requirements of the LDR. Open space and landscaping shall be required in conjunction with residential uses in a MU development.

c.

MU developments abutting residential zoning districts shall install a 10-foot buffer wall completely screening the property.

d.

MU developments located in commercial and industrial zoning districts shall install a 10-foot buffer wall screening the property. For developments located on Commercial Boulevard an 8-foot buffer wall shall be installed.

e.

The buffer shall be fully landscaped on the interior side of the subject property.

3.

Internal roadways requirements. Internal roadways shall be "pedestrian friendly" including the use of pavers, wide sidewalks, narrow vehicular lanes and parallel parking within the MU development, pedestrian movement and safety shall be given priority. Major parking areas shall be located to encourage walking and discourage internal vehicle trips among the various buildings and uses.

4.

Outdoor use requirement. Outdoor uses and public places shall be designed to connect various buildings and promote pedestrian activity.

5.

Recreational amenities and open space. Common open space may be used for amenity or recreation purposes and must be suitably improved for its intended use. Recreational amenities must be ten (10) percent or more of the total square feet dedicated to residential uses. The following amenities shall be provided:

a.

Swimming pool and associated canopy or recreational water feature if a pool cannot be accommodated; and

b.

Air-conditioned club house with community conference/meeting room and with restrooms; and

c.

Playground with playground equipment and canopy shall be provided and incorporated into the overall design scheme of the development; and

d.

Barbeque areas with canopy; and

e.

Community gym equipped with weights and cardio equipment.

(Ord. No. 02O-10-170, § 8, 11-25-02; Ord. No. 22O-06-117, § 2, 6-27-2022; Ord. No. 23O-06-113, § 2, 6-26-2023)

(Ord. No. 02O-10-170, § 9, 11-25-02)

4.0. OVERLAY ZONING DISTRICTS ^[1]

(Ord. No. 02O-10-171, § 1, 11-25-02)

(Ord. No. 02O-10-171, § 2, 11-25-02)

(Ord. No. 02O-10-171, § 3, 11-25-02)

(Ord. No. 02O-10-171, § 4, 11-25-02)

5.0. SPECIAL REQUIREMENTS FOR SPECIFIC LAND USE CLASSIFICATIONS

5.1.1. Purpose. It is the purpose of this Section to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

5.1.2. General standards and requirements. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

A.

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of these regulations.

B.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in these regulations.

C.

Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area.

D.

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

E.

Accessory structures shall be shown on any concept development plan with full supporting documentation as required in Article II of these regulations.

5.1.3. Residential zoning district requirements. Within all residential zoning districts except the RMH-50 zoning district, accessory uses and structures shall be located on the same plot and shall not involve the conduct of any business, trade, occupation or profession.

5.1.4. Any accessory use customarily related to the principal use authorized by this section, such as a pharmacy or apothecary shall not be permitted in a building separate from a permitted principal use and provided that:

Such uses in an office building shall not exceed fifteen (15) percent of the total floor area.

Total provided parking must equal the sum of total required parking for the principal use and every accessory use.

5.1.5. Motor vehicle repair in residential zoned districts. This subsection addresses the repair of motor vehicles solely in residential zoned areas.

A.

Definitions. For purposes of this subsection only, the terms shall be interpreted as defined below.

1.

Minor motor vehicular repairs includes the replacement of parts, service and incidental repair of motor vehicles including, but not limited to, the following:

a.

Performing tune-ups;

b.

Replacing and adjusting lights;

c.

Changing fluids and disposing of same in proper containers;

d.

Replacing starters and alternators;

e.

Replacing belts;

f.

Replacing windows, skylights and mirrors;

g.

Routine adjustments;

h.

Changing tires; and

i.

Replacing brake pads and servicing brakes.

2.

Major motor vehicle repairs includes the replacement of parts, service and general repair of motor vehicles, including but not limited to:

a.

Rebuilding, reconditioning or re-assembly of engines;

b.

Transmission repairs;

c.

Body work;

d.

Frame-straightening;

e.

Painting, other than touch ups;

f.

Exhaust system repairs;

g.

Welding; and

h.

Brake re-lining.

B.

Minor motor vehicle repairs. Minor motor vehicle repairs are allowed as an accessory use within all residential zoned districts subject to the following conditions:

1.

The maximum time allowed to initiate and complete minor motor vehicle repairs is one (1) calendar day. Repair hours of operation shall be from 7:00 a.m. to 9:00 p.m.

2.

The owner or tenant of real property may conduct minor motor vehicle repairs only on the real property where the owner or tenant legally resides. It shall be prohibited for any person to conduct minor motor vehicle repairs on public property, within the public right-of-way, within swale areas, or within the property of another person.

3.

The vehicle subject to minor motor vehicle repair must be a personal, noncommercial vehicle, owned and registered in the name of the real property owner or tenant at the residence where the repairs are being effectuated. It shall be prohibited for an owner or tenant to conduct minor motor vehicle repairs on vehicles owned by other persons.

4.

All minor motor vehicle repairs shall occur on paved surfaces.

5.

All motor vehicle parts shall be stored within an enclosed area and the parts shall not visible from any public property, public right-of-way or swale or adjacent property.

C.

Major motor vehicle repairs. Major motor vehicle repairs within any residential zoned district is prohibited, except that the owner or tenant may perform major motor vehicle repairs on their privately-owned personal vehicles within their accessory residential garage.

D.

Enforcement; penalties.

1.

Any code or law enforcement officer may issue a citation to any person performing motor vehicle repairs in violation of this section, subject to those penalties contained within Section 7½-3 of the Code of Ordinances. In the absence of a person, an officer may affix such citation to the windshield of the offending motor vehicle.

2.

The registered owner of a motor vehicle shall be responsible and liable for payment of any citations issued for a violation of this section, unless the owner can produce evidence that the vehicle was, at the time of violation, in the care, custody or control of another person. In such instances, the owner of the vehicle is required, within fifteen (15) calendar days after the issuance of the citation, to furnish to the appropriate officer, an affidavit setting forth the name, address and driver's license number of the person or company who had the care, custody or control of the vehicle. The owner of a vehicle is not responsible for the violation if the vehicle was, at the time of violation, stolen or in the care, custody or control of some person who did not have permission of the owner to use the vehicle.

5.1.6.

Home garden.

A.

A home garden containing any vegetables or fruit (unless grown in trees) must not be visible from the street adjacent to the property. Section 5.18.5.A. is not applicable to this provision.

B.

Produce grown within a home garden shall not be sold from the premises.

5.1.7.

[Outdoor grilling.] Outdoor grilling accessory to full service or take-out restaurant is permitted pursuant to Section 5.32.1(D).

(Ord. No. 01O-01-02, § 3, 1-29-01; Ord. No. 01O-01-03, § 4, 1-29-01; Ord. No. 01O-01-07, § 1, 1-29-01; Ord. No. 03O-02-119, § 1, 2-24-03; Ord. No. 14O-05-120, § 6, 7-14-2014; Ord. No. 16O-06-125, § 1, 7-11-2016)

Editor's note— Formerly Schedule B-1, note (2), Schedule B, § 2, note (3) and Schedule N, § 7.1.0, 7.1.1, 7.1.1.1. Further, Ord. No. 01O-01-02, § 3, adopted Jan. 29, 2001, renumbered Schedule B-1, note (2) as § 5.1.1, a pre-existing section. Thus, said ordinance provision has been redesignated as 5.1.1A at the discretion of the editor to read as herein set out. See the Table of Amendments.

5.2.1. Purpose; findings and rationale.

(1)

Purpose. It is a purpose of the Land Development Regulations to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. These provisions have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of these provisions to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of these provisions to condone or legitimize the distribution of obscene material.

(2)

Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Commission, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Prop. Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); Artistic Entm't, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entm't, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11th Cir. Sept. 18, 2008) (per curiam); Bd. of County Comm 'rs v. Dexterhouse, 348 So.2d 916 (Fla. Dist. Ct. App. 1977); Int'l Food & Beverage Sys. v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois — 2011-12; Manatee County, Florida — 2007; Hillsborough County, Florida — 2006; Clarksville, Indiana — 2009; El Paso, Texas — 2008; Memphis, Tennessee — 2006; New Albany, Indiana — 2009; Louisville, Kentucky — 2004; Fulton County, GA — 2001; Chattanooga, Tennessee — 1999-2003; Jackson County, Missouri — 2008; Ft. Worth, Texas — 2004; Kennedale, Texas — 2005; Greensboro, North Carolina — 2003; Dallas, Texas — 1997; Houston, Texas — 1997, 1983; Phoenix, Arizona — 1995-98, 1979; Tucson, Arizona — 1990; Spokane, Washington — 2001; St. Cloud, Minnesota — 1994; Austin, Texas — 1986; Indianapolis, Indiana — 1984; Garden Grove, California — 1991; Los Angeles, California — 1977; Whittier, California — 1978; Oklahoma City, Oklahoma — 1986; New York, New York Times Square — 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas — 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA); Jacksonville, Florida — 2004-2005; Bikini Bar Media Articles — 2009-2011; Hillsborough County, Florida — 2006; and Strip Club-Trafficking Documents,

the City Commission finds:

a.

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, human trafficking, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

b.

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area.

c.

Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for these regulations, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

5.2.2 Separation requirements. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Lauderhill, unless said sexually oriented business is at least one hundred (100) feet from all parcels occupied by a public, charter, or private primary or secondary school. For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the nearest point of the property line boundary where the sexually oriented business is located to the nearest point of the property line boundary where the school is located.

(Ord. No. 16O-09-146, § 3, 10-31-2016)

Editor's note— Ord. No. 16O-09-146, § 3, adopted Oct. 31, 2016, amended § 5.2 in its entirety to read as herein set out. Former § 5.2 pertained to adult entertainment and derived from Ord. No. 01O-01-03, § 15, adopted Jan. 29, 2001; Ord. No. 01O-01-10, § 1, adopted Jan. 29, 2001; Ord. No. 01O-08-45, § 1, adopted Sep. 10, 2001; Ord. No. 06O-01-108, § 1, adopted Feb. 13, 2006; Ord. No. 06O-01-109, § 1, adopted Jan. 13, 2006; Ord. No. 060-03-118, § 1, adopted April 10, 2006; Ord. No. 06O-03-119, §§ 1—7, adopted April 10, 2006; and Ord. No. 06O-04-130, § 1, adopted May 22, 2006.

The following regulations shall apply to the location, operation and maintenance of all places or establishments where alcoholic beverages are sold or dispensed, and shall be in addition to other requirements or limitations of these Land Development Regulations.

5.3.1. In general. All alcoholic beverage establishments shall be subject to the following general standards and requirements.

A.

Hours during which sales are prohibited.

1.

For consumption on premises. No vendor licensed under the provisions herein, or any employee thereof, shall sell or offer for sale or deliver or serve or permit to be consumed on or upon the premises of such vendor, any liquors, beers or wines, regardless of alcoholic content, during the following hours: Monday through Saturday, 2:00 a.m. to 7:00 a.m. and Sundays, 2:00 a.m. to 12:00 noon.

a.

Exceptions. Within the Commercial Entertainment (CE) and Town Center (TC) zoning districts, the sale or dispensing of alcoholic beverages shall be prohibited on Monday through Saturday from 4:00 a.m. to 7:00 a.m., and on Sunday from 4:00 a.m. to noon.

2.

For consumption off-premises. No vendor licensed under the provisions herein, or any employee thereof, shall sell or offer for sale or deliver any beer or wine, regardless of alcoholic content, for consumption off-premises within the city, during the following hours: Any day between the hours of 2:00 a.m. and 7:00 a.m. See Subsection 5.3.11. for the prohibited hours for package stores.

3.

Employees prohibited. No employee of a vendor shall sell or offer for sale or deliver or serve or permit to be consumed or taken away, any beers, wines, liquors, or alcoholic beverages of any kind during the prohibited hours.

B.

Sale of intoxicating liquors within licensed building only; sale of beer to persons in automobiles on premises. No person shall sell or serve, by the drink, any intoxicating liquor, other than malt beverages of legal alcoholic content (malt beverages meaning beer or ale), except within the building that is the address of the person holding a state license for the sale of intoxicating liquor. Such malt beverages shall not be sold or served to persons in vehicles.

C.

Responsible vendors of alcoholic beverages. Each vendor currently licensed to sell alcoholic beverages shall, within eighteen (18) months of the date of mailing, by certified mail by the City, of written notice of this subsection [5.3.1.], comply with the following requirements:

1.

Provide a course of instruction for its employees that must include subjects dealing with alcoholic beverages and may also include subjects dealing with controlled substances as follows:

a.

Laws covering the service of alcoholic beverages and the operation of establishments serving alcoholic beverages.

b.

Alcohol or controlled substances, or both, as a drug and its effects on a person operating a motor vehicle.

c.

Effects of alcohol in combination with commonly used drugs, both legal and illegal.

d.

Methods for recognizing and dealing with underage customers.

e.

Methods for dealing with customers, and for dealing with employees, who use or traffic in illegal drugs.

2.

Provide an alcohol server management course for managers of establishments that sell alcoholic beverages. The course must include subjects on alcoholic beverages and may include subjects on controlled substances as follows:

a.

Laws governing the service of alcoholic beverages and the operation of establishments serving alcoholic beverages.

b.

Development of standard operating procedures for dealing with underage customers.

c.

Development of standard operating procedures for dealing with customers, and for dealing with employees, who use or traffic in illegal drugs.

d.

Methods of assisting employees in dealing with underage customers and in maintaining records that relate to such incidents.

3.

Require each non-managerial employee who is employed to serve alcoholic beverages to complete the employee training course specified in subparagraph 1. within thirty (30) days after commencing employment. The vendor must provide for the supervision of such an employee in the service of alcoholic beverages until the employee has received such training.

4.

Require each managerial employee to complete the managerial training course specified in subparagraph 2. within thirty (30) days after commencing employment.

5.

Establish a written policy under which any employee who engages in the illegal use of controlled substances on the licensed premises will be immediately dismissed from employment and require each employee to acknowledge the policy in writing.

6.

Maintain employment records of the applications, acknowledgements, and training of its employees required by this section and records of the vendor's enforcement of the policies requiring dismissal specified in subsection (e).

7.

Each vendor that becomes licensed to sell alcoholic beverages after the enactment of this subsection [5.3.1.] shall, within eighteen (18) months after obtaining a license to sell alcoholic beverages, comply with those conditions as set forth in this subsection [5.3.1.]

8.

After eighteen (18) months from the enactment of this subsection [5.3.1.], vendors that were licensed to sell alcoholic beverages at the time of the enactment of this subsection [5.3.1.], shall provide proof to the City, in a form approved by the City, that the terms of this subsection [5.3.1.] are being complied with. A certificate of occupancy or local business tax receipt or both shall not be renewed unless that establishment has complied with the terms herein.

9.

Vendors that obtain a state license to sell alcoholic beverages after the enactment of this subsection [5.3.1.] shall, within eighteen (18) months after obtaining a license to sell alcoholic beverages, provide proof to the City, in a form approved by the City, that the terms of this subsection [5.3.1.] are being complied with. A certificate of occupancy or local business tax receipt or both shall not be granted unless that establishment has complied with the terms herein.

10.

Any vendor that furnishes proof to the City that it has complied with Florida Statute 561.705 shall not be required to comply with the terms of this subsection [5.3.1.]. Proof of continuing compliance must be provided annually prior to the issuance of the certificate of occupancy or local business tax receipt or both.

D.

Inspection and search of licensed premises. Any place of business selling intoxicating liquors may be inspected and searched without search warrants by business licensing, code enforcement, police officers of the City during business hours.

E.

Serving of setups, etc., by vendors not licensed to sell for consumption on premises. No vendor who is not licensed by the state to sell liquor to be consumed upon the premises shall knowingly furnish or provide any setups, glasses or other service to any person for the purpose of consuming liquor in, at or upon the licensed premises.

F.

Vendor or distributor committing unlawful act on premises. No vendor or distributor shall knowingly, directly, or indirectly, commit or assist in the commission of any unlawful act upon any licensed premises.

G.

Use of licensed premises for immoral or criminal purposes. No vendor shall permit his premises to be used for any immoral, improper or criminal purposes; neither shall they permit persons of known immoral, improper or criminal habits to frequent, loiter or assemble on the premises or in the entrance thereto.

H.

Advertising. Vendors may not display any sign advertising any brand of alcoholic beverages on the outside of their licensed premises or on any lot or ground on which such premises are located or on any building of which such premises is a part.

I.

Penalties. Any vendor, person, association, agent, servant or employee of any licensee violating any provision of this section shall, upon conviction, be punished by any of the following, or any combination of the following at the discretion of the court:

1.

A fine not exceeding five hundred dollars ($500.00);

2.

Imprisonment of up to sixty (60) days;

3.

Revocation of the applicable development order, certificate of use, local business tax receipt or any combination of the above.

5.3.2. Separation requirements. Establishments which sell alcoholic beverages shall be subject to the following location limitations and requirements:

A.

Distance between establishments. The following separation or distance standards shall apply:

1.

On-premises. Establishments which sell alcoholic beverages for consumption on premises shall be located at least one thousand (1,000) feet from any other such establishment.

2.

Off-premises. Establishments which sell alcoholic beverages for consumption off premises shall be located at least one thousand (1,000) linear feet from any other alcoholic beverage establishment.

3.

On and off-premises. Any establishment which sells alcoholic beverages for consumption on and off premises shall be located at least one thousand (1,000) feet from any other establishment which sells alcoholic beverages for consumption on or off premises.

B.

Distance from schools. It shall be unlawful to sell or dispense any alcoholic beverage within one thousand (1,000) feet of any public or private elementary or secondary school. The placement of a school shall not cause an establishment currently selling alcoholic beverages to cease to sell same.

C.

Distance from houses of religious worship. It shall be unlawful to sell or dispense any alcoholic beverage within one thousand (1,000) feet of any house of religious worship. The placement of a house of religious worship shall not cause an establishment currently selling alcoholic beverages to cease to sell same.

D.

When distance requirements not applied. The separation standard or distance requirement set forth herein shall not be applied to the location of an existing alcoholic beverage establishment when there is

1.

A renewal of an existing certificate of use;

2.

A transfer in ownership;

3.

A change in business name; or

4.

A change in a state issued 4COP license to a 3PS license, and any decrease in the numerical designation of a state issued license which is of the same series (type) provided the physical location of the establishment does not change. No increases in the numerical designation of a series (type) of state issued license which is of the same series (type) shall be allowed at or for a location (new or existing) unless approved through the special exception use process.

5.3.3. Measurement. The separation standard methodology in Article I, Section 1.5., Definitions, General, shall not apply. Instead, for purposes herein, the distance shall be measured by the shortest route of ordinary pedestrian travel along the public thoroughfare or any walkway made available for public use from the main entrance of the establishment in question to the main entrance of the other establishment.

5.3.4. Exemptions. The following are allowable exceptions from the separation standards.

A.

A grocery store, supermarket, a pharmacy, a restaurant, a restaurant bar, an event sponsored or cosponsored by the City, and a hotel bar shall be exempt from any distance requirements of Section 5.3.

B.

Within the Commercial Entertainment (CE), Commercial Warehouse (CW), Arts and Entertainment District Overlay District, and Town Center (TC) zoning districts, separation or minimum distance requirements between and among uses licensed by the state and City to sell alcoholic beverages either for consumption on or off premises shall not apply. In addition, the separation or distance requirements for uses licensed by the state and City to sell alcoholic beverages within the CE, Commercial Warehouse (CW), Arts and Entertainment District Overlay District, and TC zoning district and establishments similarly licensed outside the district.

5.3.5. Revocation of license. Any establishment which sells alcoholic beverages to its customers to the extent that on three (3) or more occasions within one (1) calendar year any customer or customers shall cause a public disturbance or shall cause personal injury or property damage as a result of the consumption of alcoholic beverages may have its development order, certificate of use, local business tax receipt or any combination of the above revoked under the following circumstances:

A.

A public hearing shall be held before the City Commission after giving reasonable notice to the establishment of the time, date and place of the hearing. The establishment shall be given an opportunity to be heard when the matter is considered by the City Commission.

B.

All testimony and evidence shall be given under oath, and after considering all evidence, the City Commission may, by a majority vote, revoke the establishment's occupational development order, certificate of use, local business tax receipt or any combination of the above.

C.

After each violation by the establishment prior to the third violation, the establishment shall be given written notice of the violation and shall further be advised that upon three (3) violations within a period of one (1) calendar year, the City Commission shall have the right to consider revocation of the establishment's development order, certificate of use, local business tax receipt or any combination of the above.

5.3.6. Restaurants to serve with meals. It shall be unlawful for any restaurant within the City with a two (2) C.O.P. beer and wine license (for consumption on premises), to serve beer and wine without also having received an order for food to be served along with the order for beer or wine.

5.3.7. Limitation on sale of alcoholic beverages at gasoline service stations. The sale of alcoholic beverages is prohibited within any gasoline service station unless sold within a convenience store or other retail establishment, with a total gross floor area exceeding seven hundred fifty (750) square feet.

5.3.8. Bars and tavern. This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-4A, RS-5, RS-5A, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited property where the front or rear property lines are three hundred (300) [feet] in the General Commercial zoning district if the land use is located on three hundred fifty (350) feet or less from property zoned RS-4, RS-4A, RS-5, RS-5A, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

5.3.8.1 Bars, taverns, microbrewery/brewery tap room. This land use is permitted in the CE and CW zoning districts and the Arts and Entertainment Overlay District.

5.3.9. Bottle clubs. Bottle clubs are a prohibited use unless specifically approved by the City Manager.

5.3.10. Hotel bar. A hotel bar shall comply with all the following minimum standards and requirements:

A.

The hotel shall have more than fifty (50) hotel rooms;

B.

The bar shall be under the same owner or management or both as the hotel;

C.

The bar be equipped with adequate and sanitary equipment;

D.

The bar must be directly connected with the inside of the hotel;

E.

A hotel may have more than one (1) dispensing bar operating at the same location. An additional fifty (50) hotel rooms are required for each additional bar.

5.3.11. Package store.

A.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-4A, RS-5, RS-5A, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited property where the front or rear property lines are three hundred (300) in the General Commercial zoning district if the land use is located on three hundred fifty (350) feet or less from property zoned RS-4, RS-4A, RS-5, RS-5A, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

B.

No vendor licensed under the provisions herein, or any employee thereof, shall sell or offer for sale or deliver any beer or wine and any liquors, regardless of alcoholic content, for consumption off-premises within the City, during the following hours: Monday through Saturday, 9:00 p.m. to 9:30 a.m. and Sundays, midnight to 12:00 noon.

5.3.12. Restaurant bar. A restaurant bar shall comply with all the following minimum standards and requirements:

A.

At least fifty-one (51) percent of the gross revenues shall be derived from the sale of food and nonalcoholic beverages, pursuant to Chapter 509, Florida Statutes;

B.

The bar shall be under same owner or management or both as the restaurant;

C.

The principal business of the restaurant shall be the serving of meals and it shall have all the equipment and supplies necessary for regularly serving full course meals;

D.

The bar must be directly connected to, and be an integral part of, the restaurant dining room and must be only a bar for patrons of such restaurant;

E.

Stools shall be allowed at such bar but the minimum ratio of stools to seats shall not exceed one (1) stool for each five (5) seats;

F.

Intoxicating liquors shall be sold by the drink only from said bar;

G.

No package goods shall be sold from said bar, nor shall a package store be permitted upon the premises;

H.

The sale of alcoholic beverages shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals.

I.

The outdoor sales of alcoholic beverages are allowed but outdoor seating must conform to the requirements of Article III., Part 5.0, Subsection 5.32.1.C.

J.

A restaurant bar may have accessory uses as is provided for in Article III., Part 5.0., Subsection 5.32.2. The City Manager may repeal the live entertainment or the outdoor seating accessory use if a restaurant bar with accessory use is determined to have an adverse impact to the public safety, health and general welfare. A prima facie case for repealing the use shall be established if the City Manager finds that at least three (3) police incidents are attributable to the use within any one-year period.

5.3.13. CE, TC, CW zoning districts and Arts and Entertainment Overlay District.

A.

Portability. In accordance with state and City permitting and licensing requirements, alcoholic beverages sold for consumption on the premises by a vendor may be consumed, held, carried and transported in the original or substitute container, at any location within the CE, TC, CW zoning districts and Arts and Entertainment Overlay District.

B.

Outdoor sales. Those vendors, persons or entities within the CE, TC, CW zoning districts and Arts and Entertainment Overlay District licensed under state beverage laws, may sell and serve beer, wine, and alcoholic beverages of any type regardless of alcohol content at any location within the zoning districts licensed for such sale and under the control of such license, including, but not limited to, sidewalk cafes, outdoor areas designated for food and beverage consumption or both adjacent to and operated in concert with a business operated within enclosed premises, licensed freestanding structures including outdoor bars and kiosks selling food or beverages including alcoholic beverages and pushcart type vehicles, provided that all such vendors or operators of such outdoor facilities vending and serving alcoholic beverages shall be duly licensed by the state and allowed to operate pursuant to the City Code of Ordinances and the Land Development Regulations.

(Ord. No. 01O-01-05, § 7, 1-29-01; Ord. No. 05O-08-170, § 2, 9-12-05; Ord. No. 07O-02-112, § 2, 4-9-07; Ord. No. 08O-02-111, § 1, 3-31-08; Ord. No. 09O-03-117, §§ 2, 3, 3-30-09; Ord. No. 10O-05-124, § 3, 6-14-2010; Ord. No. 10O-09-168, § 1, 10-25-2010; Ord. No. 12O-06-126, §§ 1—3, 8-27-2012; Ord. No. 12O-10-150, § 2, 11-26-2012; Ord. No. 16O-02-109, § 2, 3-14-2016; Ord. No. 17O-01-104, § 1, 2-13-2017; Ord. No. 19O-08-116, § 3, 9-12-2019)

Editor's note— Formerly Schedule E, § 4.

5.4.1. General requirements. This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

5.4.2. Game room as primary use. As a primary use, a game room with amusement devices are subject to the following:

A.

A game room shall have a minimum of two thousand (2,000) square feet of leasable space.

B.

A game room shall provide a minimum of forty (40) square feet of public use floor area for each amusement device.

C.

Except for a game room located within the Community Commercial (CC) and Commercial Entertainment (CE) zoning district, a game room is prohibited within one thousand (1,000) feet of any public or private schools or houses of worship as measured by the shortest flying distance between the nearest points on the respective property lines. A game room is prohibited within one (1) mile of another game room or bingo parlor as measured by the shortest flying distance between the nearest points on the respective property lines regardless of zoning districts. Relief from these separation standards shall not be available.

D.

If the game room is open to persons under twenty-one (21) years of age, then the following additional provisions apply:

1.

A security guard or supervisor over the age of twenty-one (21) years shall be employed during nonschool hours throughout the regular school year when the establishment is open for business.

2.

One (1) bicycle rack space shall be provided at the front entrance of the game room for each five (5) amusement devices or fraction thereof.

3.

School age children shall be prohibited from playing on the amusement devices during regular school hours.

E.

The City Commission shall establish the game room days and hours of operation.

F.

The sale or consumption of alcoholic beverages on the premises is prohibited.

G.

Gambling on the premises is prohibited.

5.4.3. Game room as secondary use. As a secondary or accessory use, a game room with amusement devices are subject to the following limitations:

A.

Any retail or commercial use, excluding hotels/motels or apartment complexes with less than one hundred (100) rooms or apartments:

1.

Less than two thousand (2,000) square feet of public use floor area-Two (2) amusement devices allowed.

2.

Two thousand (2,000) square feet or more of public use floor area—Three (3) amusement devices allowed.

B.

Bars, saloons, taverns, lounges, restaurants, and restaurants with bars; hotels/motels or apartment complexes with not less than one hundred (100) nor more than two hundred (200) rooms or apartments:

1.

Less than one thousand (1,000) square feet of public use floor area—Three (3) amusement devices allowed.

2.

One thousand (1,000) or more square feet of public use floor area—Six (6) amusement devices allowed.

C.

Recreation and commercial recreation uses, such as bowling alleys, skating rinks, miniature golf courses, theatres, pool or billiard rooms, Y.M.C.A. facilities, recreational centers; hotels/motels or apartment complexes with more than two hundred (200) rooms or apartments:

1.

Less than seven hundred (700) square feet of public use floor area—Two (2) amusement devices allowed.

2.

Seven hundred (700), but less than one thousand (1,000) square feet of public use floor area—Three (3) amusement devices allowed.

3.

One thousand (1,000), but less than two thousand (2,000) square feet of public use floor area—Six (6) amusement devices allowed.

4.

Two thousand (2,000) or more square feet of public use floor area—Fifteen (15) amusement devices allowed.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 04O-04-130, §§ 1—3, 5-10-04; Ord. No. 06O-10-176, § 2, 11-13-06; Ord. No. 06O-10-178, § 1, 11-13-06; Ord. No. 08O-11-158, § 1, 12-8-08; Ord. No. 12O-10-149, § 1, 11-26-2012)

Editor's note— Formerly Schedule B, § 2, note (12).

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 2, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

5.6.1. Auctions must be conducted in an enclosed structure.

5.6.2. No merchandise used in the auction may be stored outside of an enclosed structure.

5.6.3. Auctions must be operated as part of, and in the space occupied by, a retail business which is open for retail sales on a regular on-going basis.

5.6.4. No auction, or the retail business in conjunction therewith, may be licensed as a pawn shop.

5.6.5. Auctions may only be conducted no more than three (3) times in any seven-day period, may only last no more than four (4) hours at any one time and may only be held weekdays after 5:00 p.m. or on Saturday or Sunday after 12:00 noon.

5.6.6. Auctions of or relating to motor vehicles or wholesale merchandise are prohibited.

5.6.7. Each auction shall be located at least one (1) mile from any other auction, to be measured by a straight line from the closest edge of the retail establishment containing one (1) auction to the closest edge of any other retail establishment containing an auction.

(Ord. No. 01O-01-03, § 13, 1-29-01)

Editor's note— Formerly Schedule B, § 2, note (13).

5.7.1 Automotive repair (major).

A.

All repair work shall be entirely conducted within the confines of the building wherein the business is licensed to operate.

B.

Business shall store all motorized and ancillary vehicles, parts, and materials inside the building wherein the business is licensed to operate.

C.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 districts. Notwithstanding the above, this land use may be allowed if:

1.

The premises were improved for a vehicular related use;

2.

A substantial portion of the improvements (i.e., at least the main building) still exist; and

3.

The existing improvements are substantially utilized in the operation of the land use.

5.7.2 Automotive repair (minor).

A.

All repair work shall be entirely conducted within the confines of the building wherein the business is licensed to operate.

B.

Business shall store all motorized and ancillary vehicles, parts, and materials inside the building wherein the business is licensed to operate.

C.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 districts. Notwithstanding the above, this land use may be allowed if:

1.

The premises were improved for a vehicular related use;

2.

A substantial portion of the improvements (i.e., at least the main building) still exist; and

3.

The existing improvements are substantially utilized in the operation of the land use.

D.

This land use shall be allowed as an accessory use to retail sales establishments but shall be limited to battery check/installation, light bulb check/installation, check engine light diagnostics, and fuse check/installation.

5.7.3 Automotive sales, car rental (indoor).

A.

The maintenance of motorized and ancillary vehicles is permitted but the repair (major or minor) of motorized and ancillary vehicles is not permitted. Maintenance shall mean cleaning, vacuuming, disposing and replacing fluids and related filters. A separate special exception may be filled for a service center for major and minor automotive repair.

5.7.4 Automotive sales, car rental (outdoor).

A.

New and used car agencies may sell, display and store those motorized and ancillary vehicles ready for sale outside. Those motorized and ancillary vehicles that are not ready for sale, those motorized and ancillary vehicles being repaired, and all parts and materials must be stored inside the building wherein the business is licensed to operate.

B.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 districts. Notwithstanding the above, this land use may be allowed if:

1.

The premises were improved for a vehicular related use;

2.

A substantial portion of the improvements (i.e., at least the main building) still exist; and

3.

The existing improvements are substantially utilized in the operation of the land use.

5.7.5 Car wash and auto detailing.

A.

Car washes may utilize as accessory uses awnings, canopies or other nonpermanent structures to provide shaded areas for conducting detailing and other such operations that occur out of doors provided receipt of a development order from the Community Appearance Committee is first obtained. The awnings, canopies or other nonpermanent structures shall be allowed in the setback area and shall be removed and stored or otherwise secured in the event of a tropical storm, hurricane or other emergency event.

B.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 districts. Notwithstanding the above, this land use may be allowed if:

1.

The premises were improved for a vehicular related use;

2.

A substantial portion of the improvements (i.e., at least the main building) still exist; and

3.

The existing improvements are substantially utilized in the operation of the land use.

5.7.6 Commercial Warehouse/Commerce Park Special Overlay zoning district.

A.

Findings, conclusions and intent. The City Commission makes the following findings, conclusions and intent:

1.

The finding that before March 28 ^th , 2005, vehicular-related uses were allowed within the zoning district as a special exception use; and

2.

The finding that before February 25 ^th , 2002, a special exception use development order for a vehicular related use at a specific location could be transferred from one owner to another; and

3.

The finding that Ordinance No. 020-02-109 provides that effective February 25 ^th , 2002, a special exception use development order for a vehicular related use cannot be transferred from one person to another; and

4.

The finding that Ordinance No. 050-03-120 provides that effective March 28 ^th , 2005, any vehicular-related use within the CP-O zoning district is a prohibited use; and

5.

The conclusion that an internal inconsistency exists between the CP-O zoning district and the CW zoning district because the CW zoning district allows indoor and outdoor vehicular related uses, including auto wreaking, while the CP-O zoning district prohibits such use; and

6.

The conclusion that to resolve the internal inconsistency, the CW zoning district provisions must be amended to prohibit vehicular related uses, including auto wreaking services; and

7.

The finding that three (3) vehicular related use businesses are operating at a location where a special exception use development order was issued to allow such use at such location; however, all three (3) businesses operate a use that was prohibited by the development order. A fourth vehicular related use business is operating at a location different from that authorized in the special exception use development order but within the same building; and

8.

The finding the City issued an occupational license to each of these four (4) businesses before April 1 ^st , 2000, effectively allowing the operation of the vehicular related uses, and the finding the City subsequently has granted annually a renewal of the occupational license for each business; and

9.

The conclusion that case law provides that a land use is not vested simply because the local government has mistakenly issued an occupational license for the use; and

10.

The conclusion that terminating these long-standing business on the mistaken issuance or renewal of an occupational license would create significant hardship, financial loss, and lost jobs, and that additional time should be granted to allow for the relocation of the businesses from the district; and

11.

The intent of this subsection is to allow those businesses along NW 38 ^th Avenue to continue to operate as legal nonconforming uses until September 30 ^th , 2017 can make significant investments, that these investments would be lost if the City immediately terminates the business, and that these businesses should be provide additional time to relocate.

B.

Legal nonconforming use amortization. Any person operating an illegal nonconforming vehicular related use within the CW/CP-O zoning district or any successor zoning district who was issued an occupational license before April 1 ^st , 2000 and who has annually received a renewal of their occupational license shall be classified as a legal nonconforming vehicular related use and shall be allowed to continue to operate at the currently licensed location until September 30 ^th , 2017, provided conformance with one (1) of the following factors is established:

1.

The person was granted a special exception use development order to operate a vehicular related use at a specific location but is now operating at a different business address; or

2.

The person is operating a vehicular related use pursuant at the location specified in an effectively transferred special exception use development order for a vehicular related use but the person is operating a specific vehicular related use outside the scope of the development order.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 03O-05-152, §§ 1, 2, 4—8, 6-9-03; Ord. No. 07O-02-113, §§ 1—3, 4-9-07; Ord. No. 07O-08-144, § 1, 9-10-07; Ord. No. 10O-05-129, § 1, 6-14-2010; Ord. No. 12O-06-128, §§ 1, 2, 7-9-2012; Ord. No. 14O-08-132, §§ 1, 2, 9-15-2014; Ord. No. 21O-03-106, § 1, 4-12-2021)

Editor's note— Formerly Schedule B, § 2, note (12).

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 3, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 4, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

Bulk hazardous chemical storage, packaging or processing, except sealed prepackaged storage for retail sale on premises. Hazardous chemical is defined as any solid, liquid or gas which the Fire Marshall (or his designee) and the director of planning and zoning determine may pose a threat to the health, safety or welfare of the community. The Fire Marshall may establish guidelines based on national, state or county standards as amended (to be kept on file with the City Clerk) for determination of such a threat. The Fire Marshall shall notify the Community Development Department within three (3) days of his determination that a special exception is required pursuant to this section.

(Ord. No. 01O-01-03, § 7, 1-29-01)

Editor's note— Formerly Schedule B, § 1, note (7).

5.11.1. Principal use. A check cashing/pay day loan store shall be a prohibited use; however, any check cashing/pay day loan stores with an existing certificate of use or any proposed check cashing/pay day loan store that has filed a certificate of use application before January 28, 2013 shall be considered a legal, non-conforming use.

5.11.2. Accessory use. Any business operating check cashing services shall be permitted as an accessory use only within the CC and CG zoning districts. However, no such accessory use is permitted within a convenience store unless the accessory use was already in operation as a non-conforming use at said location prior to January 28, 2013. Pay day loan services are prohibited as both a principal and accessory use, unless they were a pre-existing non-conforming use.

(Ord. No. 13O-05-119, § 3, 6-10-2013; Ord. No. 24O-02-109, § 2, 3-25-2024)

5.12.1. Childcare use. In addition to the information requirements for special exception use applications, the following additional information shall be provided for a proposed childcare or adult day care:

A.

Provide evidence of financial responsibility by submittal of financial statements by applicant that show sufficient financial resources to operate the facility in question.

B.

Evidence of ownership of the property in question by applicant or a contract or option to purchase or lease.

C.

Evidence of submitted application to the appropriate state agency to operate the use.

D.

Evidence of past job and education experience or both showing that the applicant and employees of the applicant are qualified to operate the use.

E.

List of all persons with a financial interest in the use, along with affidavits from each stating whether or not that person was ever convicted of a crime.

F.

The owner or director of any use shall annually provide proof that said use has obtained and will continue in effect a comprehensive general liability insurance policy in the minimum amount of three hundred thousand dollars ($300,000.00) for bodily injury and property damage. Proof of such insurance policy shall be provided to the Finance Department in conjunction with the filing of the local business tax receipt application. Said owner or director shall also provide the Finance Department thirty (30) days prior notice of the expiration or cancellation of said insurance policy.

G.

For a childcare use, demonstrate conformance with the usable indoor floor space, outdoor play area, staff-to-child ratio, and toilet and bath facility requirements in Florida Administrative Code Section 65C-22.002, as may be amended from time-to-time.

H.

If transportation services are provided, the following requirements shall apply:

1.

The transportation services requirements specified in the Florida Administrative Code as may be amended from time-to-time.

2.

Annually provide proof that said use has obtained and will continue in effect a comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000.00) for bodily injury and property damage. Proof of such insurance policy shall be provided to the Finance Department in conjunction with the filing of the local business tax receipt application. Said owner or director shall also provide the Finance Department thirty (30) days prior notice of the expiration or cancellation of said insurance policy.

I.

Any other documentation that the Planning and Zoning Director deems relevant to the operation of such use.

5.12.2. Family day care home.

A.

A family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include those children under thirteen (13) years of age who are related to the caregiver:

1.

A maximum of four (4) children from birth to twelve (12) months of age.

2.

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

3.

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

4.

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age.

B.

Other requirements.

1.

The adoption of the ordinance is not intended to and does not supersede any deed, covenant or other agreement that limits childcare operations in residential areas.

2.

Family day care homes shall be separated by a distance of one thousand (1,000) feet from any other child care use, any other family day care home, any large family day care home, any adult day care, and any special residential facility use as measured by the shortest airline measurements between the nearest points on any plot to be occupied by the family day care home and any of the above-described land uses.

3.

Family day care homes that are lawfully in existence on February 15, 2008, shall be grandfathered in and allowed to continue operations although they might be located less than one thousand (1,000) feet apart.

4.

A family day care home operator shall provide proof of insurance as is required by paragraph 5.12.1.f. above.

5.

The family day care home operator must be an owner-occupant and all property owners, family day care home owners, and occupants thirteen (13) years of age or over shall be subject to a background check. The City shall not issue a local business tax receipt for this use if the background check reveals any owner or occupant has been convicted of a specified criminal act as defined in Article III., Part 5.0., Section 5.2., paragraph 5.2.3.(30) or a specified criminal offense as defined in paragraph (31) herein.

5.12.3. Large family day care home. This land use shall be prohibited except that any legally operating large family day care home or family day care home use for which a state license application for a large family day care home has been filed with the Florida Department of Children and Families before February 15, 2008, may be established and operated as a non-conforming use.

A.

Personnel. At least two (2) full-time childcare personnel must be on the premises during the hours of operation. One (1) of the two (2) full-time childcare personnel must be the owner or occupant of the residence.

B.

Pre-requisites. A large family child care home must first have operated as a licensed family day care home for two (2) years, with an operator who has had a child development associate credential or its equivalent for one (1) year, before seeking licensure as a large family child care home.

C.

Groups. A large family child care home shall be allowed to provide care for one (1) of the following groups of children, which shall include those children under thirteen (13) years of age who are related to the caregiver:

1.

A maximum of eight (8) children from birth to twenty-four (24) months of age.

2.

A maximum of twelve (12) children, with no more than four (4) children under twenty-four (24) months of age.

D.

Other requirements.

1.

The large family day care home operator must be an owner-occupant and all property owners, large family day care home owners, and occupants thirteen (13) years of age or over shall be subject to a background check. The City shall not issue a local business tax receipt for this use if the background check reveals any owner or occupant has been convicted of a specified criminal act as defined in Article III., Part 5.0., Section 5.2., paragraph 5.2.3.(30) or a specified criminal offense as defined in paragraph (31) herein.

2.

A large family day care home operator shall provide proof of insurance as is required by paragraph 5.12.1.f. above.

5.12.4. Adult day care.

A.

The adoption of the ordinance is not intended to and does not supersede any deed, covenant or other agreement that limits adult day care operations in residential areas.

B.

Adult day care uses shall be separated by a distance of one thousand (1,000) feet from any other adult day care use, any child care use, any family day care home, any large family day care home, and any special residential facility use as measured by the shortest airline measurements between the nearest points on any plot to be occupied by the family day care home and any of the above-described land uses.

(Ord. No. 01O-01-05, § 5, 1-29-01; Ord. No. 08O-02-104, §§ 5—7, 2-25-08; Ord. No. 08O-02-105, §§ 2, 4, 6-30-08; Ord. No. 13O-01-103, §§ 3, 4, 1-28-2013)

Editor's note— Formerly Schedule E, § 1.8.

5.13.1.

Prohibited use; amortization. A correctional and judicial facility shall be a prohibited use; however, any existing correctional or judicial facility within the Community Commercial, General Commercial or Community Facility zoning districts may continue to operate as a legal non-conforming use until August 31, 2015. Thereafter, the land use shall cease and be abandoned.

(Ord. No. 09O-07-133, §§ 3, 4, 8-31-09)

5.14.1.

Purpose and intent. The purpose of this section is to promote sustainable local food production for local consumption with the intent to:

•

Improve health; and

•

Improve access to fresh, healthy, affordable locally produced food; and

•

Increase access to culturally appropriate food and help residents rediscover their community's food culture; and

•

Improve the economic health of the community; and

•

Transform vacant urban property into appealing places and foster a sense of community; and

•

Provide an educational platform for students interested in local food production and to allow for collaboration or partnerships with other organizations; and

•

Divert organic waste from landfills into compost.

5.14.2.

Where allowed. A community garden is allowed in the Community Facility (CF) and Residential Multi-family at 18 dwelling units per gross acre (RM-18) zoning districts as a permitted use subject to the special regulations herein.

5.14.3.

Special requirements.

A.

RM-18 zoning district. Within the RM-18 zoning district, a community garden is restricted by the requirement that the land where the community garden is located must be owned or leased by the City of Lauderhill or one (1) of its agencies, such as the Community Redevelopment Agency or the Lauderhill Housing Authority. However, the City Manager may require a review process for the land.

B.

CF zoning district. Within the CF zoning district, a community garden is restricted by the requirement that the land where the community garden is located must be owned or leased by the School Board of Broward County, Florida, or by the City of Lauderhill or one (1) of its agencies, such as the Community Redevelopment Agency or the Lauderhill Housing Authority. However, the City Manager may require a review process for the city owned or leased land. Community gardens consistent with this restriction are exempted from the regulations herein.

C.

Retail sales. Retail sales are limited to those produce planted, cultivated, and harvested on the community garden. Sales shall be conducted from stands.

D.

Certificate of use/business license tax. A community garden is exempted from the requirement of securing a Certificate of Use and paying a business license tax.

5.14.4.

Application requirements and process.

A.

Application requirements. A general development order application to operate a community garden and two hundred dollar ($200.00) application fee shall be submitted to the Planning and Zoning Division. The application shall include the following information:

1.

Applicant information. Documentation showing that the entity proposing to operate the community garden, the Applicant, is a public or private non-profit organization.

2.

Property ownership. A letter or resolution from the City Commission, City agency or the City Manager stating that the City owns or leases the property and that the applicant has authority to use the real property for purposes of operating a community garden.

3.

Acknowledgement letter. Evidence that the civic or homeowners association representing the area where the community garden will be located has received a letter acknowledging a community garden is proposed for their neighborhood.

4.

Management plan. The management plan shall include the following:

a.

General location. A drawing or sketch showing the location of the community garden on the property. The sketch shall show the perimeter dimensions in linear feet of the community garden and the setback from each of the property lines. In addition, the total size of the community garden in square feet shall be displayed.

b.

Site plan. A drawing or sketch showing the community garden and the following features:

1)

Parking area. The location of the parking area, including the perimeter dimensions in linear feet, and its relationship to all community garden entrances and exists.

2)

Walkway location. The location of a minimum five (5) feet wide handicapped accessible route connecting the parking area to the different components of the garden (i.e., entrance, planting area, storage area, etc) to one (1) another. Such routes shall follow a consistent design treatment whenever possible.

3)

Planting area. The location and perimeter boundary dimensions in linear feet of the planting area shall be displayed.

4)

Compost area. The location and perimeter boundary dimensions in linear feet of any compost area.

5)

Structures. The location of any fence, storage shed, greenhouse, compost or waste bins, benches, farm stands, or other structure. In addition, a picture or sheet shall be provided showing the length, width and height of each structure and its appearance, including any raised planting beds.

6)

Water source. The location of the potable water source and the provider.

7)

Signs. The location of any sign.

c.

Soil issues. If planting is on the ground, evidence shall be provided that the soil is free from contamination. A Phase I Environmental Assessment (ESA) may be provided to support this demonstration. Any historical sources of contamination identified in the ESA must be tested to determine the type and level of contamination and appropriate remediation procedures must be undertaken to ensure that the soil is suitable for gardening. If an ESA is not available, a soil test may be provided. If planted on a raised bed, then no soil assessment shall be necessary. In addition, a minimum of four (4) percent of the garden must contain raised beds that are designed for access for gardeners using wheelchairs or with other mobility impairments.

d.

Operating procedures. A narrative describing the operating procedures shall be submitting and shall, at a minimum, address the following:

1)

The anticipated types of edible produce to be planted;

2)

The days and hours of operation;

3)

Maintenance and security requirements and responsibilities

4)

The name, telephone number, street address and e-mail address of the garden coordinator, who will perform the coordinating role for the management of the community garden and to serve as the liaison with the City;

5)

The estimated number of persons who may participate in the community garden;

6)

How garden plots will be assigned to persons in a fair and equitable manner;

7)

A description of any proposed rain-capture systems, including the size, location, method of operation, and stating how water stagnation will be prevented;

8)

A water management plan addressing run-off to adjoining property, water bodies, or rights-of-way;

9)

A description of composting activities, including transportation on and off-site, and means of containment;

10)

A complete description of any aspects of the operation that may generate noise, odor, or other condition (e.g., mosquitos) that may adversely impact surrounding properties;

11)

A list of non-motorized equipment and supplies to be used and how such will be stored and secured;

12)

A copy of any proposed sign, including its size, shape, color, and type of construction;

13)

A list of the chemicals, pesticides, fertilizers or any combination of same to be used; the frequency of use; and the pests, diseases or plants to which they will be applied; and

14)

Any other rules and regulations governing the operation of the community garden.

5.

Other requirements. A statement shall be provided assuring the City that each participant will be provided a written copy of the management plan and community garden rules. Moreover, a statement acknowledging that the garden coordinator will annually submit to the Planning and Zoning Division an annual report highlighting the successes and failures of the operation, and conformance to the approved management plan.

B.

Application process. A community garden development order application shall be processed in a manner similar to a site plan modification but shall provide for mailed notice to all landowners within three hundred (300) feet of the land where the community gardens is located.

5.14.5.

Application review criteria. The Development Review Committee shall review and approve, approve with conditions, or deny without prejudice, a community garden general development order application based upon the below-described review criteria.

A.

Consistency with the zoning district requirements in Subsections 5.14.2 and 5.14.3.

B.

Consistency with the application requirements specified in Subsection 5.14.4.

C.

Consistency with the following parking and loading standards:

1.

Parking. At least one (1) handicapped accessible parking space and five (5) parking spaces shall be provided.

2.

Loading. At least one (1) loading space shall be provided.

D.

Consistency with the following sign requirements:

1.

A handicapped sign shall be posted for the parking space.

2.

One (1) sign may be posted identifying the name of the community garden and any sponsors. The sign may not exceed six (6) square feet.

5.14.6.

Annual review process. An annual review report shall be submitted to the Planning and Zoning Division no later than sixty (60) days after the community gardens approval anniversary date. The annual report shall:

A.

Document the successes and failures of the community garden;

B.

Identify areas of non-compliance with the Management Plan;

C.

Recommend appropriate changes to improve the community garden and to address failures and non-compliance issues; and

D.

State whether or not the community garden should continue.

The City Commission shall review the annual report and determine whether the community garden should continue to operate, to operate with conditions, or be terminated.

(Ord. No. 14O-05-120, § 7, 7-14-2014)

For connected units in the RM-18 zoning district, minimum setbacks are: Twenty (20) feet for front setbacks and for rear setbacks, ten (10) feet for one (1) story dwellings and fifteen (15) feet for two (2) story dwellings. Maximum dwelling heights are two (2) stories or twenty-five (25) feet.

(Ord. No. 01O-01-04, § 1, 1-29-01)

Editor's note— Formerly Schedule C, § (a), note 1.(13).

1.

Minimum separation. The primary intent is to serve the convenience needs of persons living within the surrounding neighborhoods (that is, within a one (1) square mile area). Consequently, a convenience store shall be located a minimum one (1) mile radius from any other convenience store as measured by the shortest airline distance between the nearest points on the plots where a convenience store is located or proposed to be located.

A convenience store within a mixed use development and designed to serve the needs of the development shall not be subject to the minimum separation standard; however, the hours of operation of such a store shall be limited to 6:30 a.m. to 10:30 p.m.

2.

Location. The secondary intent is to serve persons who drive-by and along neighborhood boundaries and to protect such neighborhoods from such drive-by vehicular traffic. Thus, a convenience store shall be located on a roadway functionally classified as either a collector or arterial; however, existing convenience stores located on a local road shall not be classified as a non-conforming use.

3.

Interior visibility. Window signage shall allow for a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area. Further, a convenience store shall not have window tinting or obstructions (e.g., racks) that reduces exterior or interior view in a normal line of sight. Conformance with the interior visibility requirements shall be required before January 1, 2010.

4.

Exterior visibility. A lighted parking lot illuminated at an intensity of at least two (2) foot-candles per square foot at eighteen (18) inches above the surface shall be provided and maintained.

5.

Employee training. Consistent with F.S. §§ 812.171—812.175, also known as the "Convenience Business Security Act," the owner or principal operator of a convenience store as defined in F.S. § 812.171, shall annually demonstrate that the Attorney General has approved its curriculum for proper robbery deterrence and safety training and that each retail employee has completed such curriculum. Such evidence shall be a prerequisite to the City's issuance of a Certificate of Use or local business tax receipt.

6.

Amusement devices. Amusement devices are prohibited within a convenience store. Any existing convenience store with amusement devices must have them removed by September 30, 2009; otherwise, a Certificate of Use or a Local Business Tax Receipt will not be issued.

(Ord. No. 08O-10-156, § 3, 11-24-08; Ord. No. 16O-04-113, § 1, 4-25-2016; Ord. No. 17O-12-158, § 1, 1-8-2017; Ord. No. 22O-06-117, § 2, 6-27-2022)

Dry Cleaning establishments for direct service to customers, subject to the following limitations and requirements:

5.16.1. Service shall be rendered directly to customers who bring in and pick up the articles to be dry cleaned.

5.16.2. The entire cleaning and drying process shall be carried on within completely enclosed solvent reclaiming units.

5.16.3. All solvents used in the cleaning process and the vapors therefrom shall be non-explosive and non-flammable.

(Ord. No. 01O-01-03, § 5, 1-29-01)

Editor's note— Formerly Schedule B, § 2, note (5).

Outdoor collection stations shall be provided for garbage and trash removal when individual collection or indoor storage is not provided. All areas or receptacles or both for the temporary storage and disposal of garbage, trash and vegetation, such as garbage dumpsters and trash compactors, shall meet the standards addressed in this section. This section shall not apply to litter containers provided for the convenience of pedestrians.

5.17.1.

Access. Access to indoor or outdoor collection stations shall be such that the removal vehicle need not make any unnecessary turning or backing movements.

5.17.2.

Setbacks. The minimum setback for dumpster or receptacle enclosures for the temporary storage and disposal of garbage, trash and vegetation from property in a residential district or from other residential property line shall be twenty-five (25) feet.

5.17.2.1.

If, due to the configuration of the developed property, the Planning and Zoning Director determines that the setback provisions in Schedule C are so restrictive as to prevent the siting of the dumpster enclosure in a reasonable manner, then the Director may allow the dumpster enclosure to encroach within the required setback area. Said encroachment must be specifically set forth on the site plan or site plan modification, with explanation, and supplementary data, such as sketches, surveys and statistical information deemed necessary to substantiate the encroachment.

5.17.2.2.

The decision of the Planning and Zoning Director may be appealed to the Planning and Zoning Board, which shall approve, disapprove or modify the recommendation of the Planning and Zoning Director, so as to allow the siting of the dumpster enclosure consistent with the intent and purposes of the Land Development Regulations.

5.17.3.

Screening. All dumpsters or receptacles for the storage and disposal of garbage, trash and vegetation shall be screened by a solid opaque enclosure constructed of brick, concrete, concrete block, or other decorative masonry, or comparable wood or steel, consistent with the architectural character of the development or principal building. The open end of the enclosure shall have an obscure, opaque gate. All exterior sides of such enclosures, except the open end, shall be landscaped with a shrub material, a minimum of twenty-four (24) inches in height, spaced twenty-four (24) inches on center at planting, or an alternative acceptable to the Chief Planning and Zoning Official.

5.17.4.

Engineering standards. All dumpsters or receptacles for the storage and disposal of garbage, trash and vegetation shall be constructed in conformance with Land Development Regulations Schedule L, Engineering Standards and Procedures for Land Development Activities.

5.17.5.

Maintenance. The owner, tenant, user or any combination of the preceding shall be responsible for maintaining the appearance and cleanliness of all areas and receptacles for the temporary storage and disposal of garbage, trash and vegetation.

5.17.6.

Amortization of nonconforming dumpster enclosures. All nonresidential and multifamily residential uses with existing legal dumpster enclosures that do not meet the requirements of this section shall be legal nonconforming structures that shall be brought into compliance with these Land Development Regulations by July 1, 2003 or pursuant to the nonconforming structure provisions of these Land Development Regulations, whichever occurs first.

5.17.7.

Residential temporary dumpsters or bagster bags. Any person, whether natural or legal, with possession of real property shall file a permit application with the building division prior to the placement of any temporary storage and disposal of garbage, trash and vegetation from property in a residential district.

A.

The fee for the initial permit shall be one hundred and fifty dollars ($150.00) and the permit shall be valid for a period of seven (7) calendar days. Only one (1) permit shall be issued to the same person for the same property per calendar year. The permit may be extended one (1) time only for an additional consecutive seven (7) calendar day period upon the payment of an additional seventy-five dollar ($75.00) permit extension fee.

B.

The building division shall not issue a permit for placement of a temporary dumpster or bagster bag unless the person with possession of the real property makes the following assurances:

That the dumpster/bagster bag will be placed entirely within a paved area on private property. The placement on a portion of a sidewalk or swale within the public right-of-way is prohibited.

C.

A code enforcement officer shall issue a notice of violation to any person in possession of real property who:

1.

Places a temporary dumpster or bagster bag on residentially zoned property without first obtaining a permit from the building division. The violation may be remedied by paying a permit fee of one hundred and fifty dollars ($150.00) for the initial seven-calendar day permit within three (3) business days of receipt of notice of violation. Failure to obtain the permit within three (3) business days of receiving the notice of violation shall result in the removal of the dumpster or bagster bag and a lien against said real property for the cost of removal. in addition to any fines levied. plus a six (6) percent administrative fee.

2.

Violates any other provisions herein. other than paragraph 5.17.7.C.1 above. The violation may be remedied by correcting the violations within three (3) business days after receipt of the notice of violation. Failure to comply in a timely fashion shall result in the removal of the temporary dumpster/bagster bag and a lien against said real property for the cost of removal, in addition to any fines levied, plus a six (6) percent administrative fee.

(Ord. No. 00O-9-67, § 1, 10-30-00; Ord. No. 02O-01-100, § 1, 1-28-02; Ord. No. 02O-04-121, § 1, 5-13-02; Ord. No. 18O-06-121, § 1, 6-25-2018)

A farmers market shall be allowed to have outdoor identification features, such as bails of hay, depictions of crops and farm animals, if:

1.

The farmers market is located along an arterial road or a local access road parallel to the arterial road;

2.

The farmers market is located on a lot with a minimize size of one and one-half (1.5) acres; and

3.

Is located within a freestanding building with a minimum ten thousand (10,000) square feet of space.

(Ord. No. 05O-03-127, § 1, 3-28-05)

The following shall govern with regard to the construction, maintenance, repair, replacement and relocation of fences and walls within the City of Lauderhill. Walls and fences referred to in this section are those that do not support other construction.

5.18.1. No fences or walls shall be erected or installed, replaced, repaired or relocated unless a permit for same has been issued by the Chief Building Official or designee.

5.18.2. No fences or walls shall be erected or installed in a public right-of-way and permits may be refused for fences or walls in easement areas. The City Commission, however, may allow a fence to be installed in a public right-of-way or easement for a term of years if the right-of-way or easement is not presently needed and if such installation would further the public health, safety or general welfare.

5.18.3. Subject to subsection 5.18.5., where walls or fences are located at property lines they shall be adjacent to them unless the adjoining property owners apply jointly for a permit giving their mutual asset to the erection of the wall or fence on their common property line. Maintenance and repair of such walls and fences shall be the joint and severable responsibility of the property owners.

5.18.4. Wall standards.

A.

Construction. Walls shall be constructed of concrete, masonry, tile, pre-finished or similar permanent materials satisfying industry standards, the Florida Building Code and approved by the Chief Building Official or designee.

B.

Finish. Walls shall be finished on both sides and shall include finished features, such as changes in texture, materials, and capstones.

C.

Architectural features. The top of the wall may contain architectural features and light fixtures but such features shall not exceed eighteen (18) inches above the maximum height of the wall and the combined width of the features shall not exceed twenty (20) percent of the total linear length of the wall.

D.

Gates. A pedestrian entrance with a gate having the same or greater opacity and the same or lower height as the wall is allowed. Such an entranceway, including any archway, shall not exceed eleven (11) feet in height, eighteen (18) inches in depth, and eight (8) feet in width. Gates must swing or slide in a manner that does not obstruct public ways. Gates shall be kept closed except when opening is necessary for ingress and egress.

5.18.5. In residential districts:

A.

The maximum height for a hedge, wall or fence in a front street setback area shall be four (4) feet. The setback area extends the full width of the lot for all interior and corner lots.

B.

On corner lots, all hedges, fences or walls may be a maximum height of six (6) feet, extending to and along the property lines, except in the front setback areas as defined above.

C.

The owner and occupant shall be liable to the City for costs that the City incurs with regard to removing, moving, tearing down, or reconstructing any wall or fence located on property that is subject to an easement or right-of-way in the City's favor.

5.18.6. Notwithstanding the paragraph above, the Planning and Zoning Director may grant an administrative development order allowing within a residential development a fence up to eight (8) feet high where the Planning and Zoning Director affirmatively demonstrates that the vision clearance requirements of unobstructed vision for traffic safety requirements are met and the fence meets the Crime Prevention Through Environmental Design (CPTED) Standards.

5.18.7. The height of all hedges, fences and walls shall be measured from existing grade at the situs of said hedge, fence or wall.

Section 5.40. provides for fences or walls as a safety barrier where swimming pools exist. If such walls or fences are placed in setback areas where they form an obstruction to access for fire protection of a building, they shall not exceed four (4) feet in height and have no projections or surfaces damaging to fire hose use; otherwise walls or fences built within setback areas shall not block access for fire protection.

5.18.9. No hedge, fence or wall shall be erected, placed or maintained along or adjacent to a lot line on any non-residentially zoned property to a height exceeding eight (8) feet.

5.18.10. Fences and walls are prohibited from construction with injurious or hazardous materials, such as barbed wire, razor wire, broken glass, electrified and similar materials.

5.18.11. Requirements of this section may be superseded on projects subject to design approval through major review or the City Commission.

5.18.12. When in considering any subdivision plat, site plan, or site plan modification the Development Review Committee, the Planning and Zoning Board or the City Commission may require, that a fence or wall be constructed for screening purposes and may fix the height of said wall or fence, which height may exceed the limitations set forth in this section when said fence or wall is required for screening purposes. The following factors shall be considered in setting the height of the fence and wall:

A.

Design of the fence or wall for appearance.

B.

Location of the wall, whether on private or public property.

C.

Impairment of visibility at street or driveway intersections.

5.18.13. Privacy walls or fences shall be permitted in side or rear setback areas or in front yard areas provided that:

A.

They are not higher than six (6) feet from the floor elevation of the house but may be eight (8) feet high if the rear property line of a single-family residence abuts a property which contains a single-family residence;

B.

Privacy walls or fences are those designed to shield from view from the first floor of adjacent structures or streets, bathrooms and bedrooms which incorporate open atrium or garden landscaped areas adjacent to such bedrooms or bathrooms where transparent glass separates said planted areas from said rooms (where privacy from outside view is dictated by such room's normal usage).

5.18.14. No fence wall or hedge shall be erected, constructed, maintained or grown to a height exceeding two (2) feet above the street grade nearest thereto, within twenty-five (25) feet of the intersection of any street lines, or of the street lines produced.

5.18.15. Fence standards. Fences, as allowed herein, shall be constructed of iron, steel, aluminum, polyvinylchloride (PVC), wood or similar materials satisfying industry standards, the Florida Building Code and approved by the Chief Building Official.

A.

Chain link or mesh fences shall contain a minimum gauge of eleven (11). Chicken wire or similar material is prohibited.

B.

Wood fences such as shadow box, stockade, board-on-board, and picket fences are permitted. The construction of any permitted fence with any type of plywood material is prohibited.

5.18.16. Where any district zoned commercial or industrial abuts on a residential district or is separated from a residential district by a street, alley, canal or other open space then any plot or parcel in such nonresidential district shall be buffered from said residential district by a wall of a height of eight (8) feet. Along the Florida Turnpike, a sixteen (16) or more feet high wall may be required. In the event that a taller wall is to be constructed adjacent to a shorter wall, the City staff shall have authority to require that the taller wall blend, harmonize and integrate aesthetically with the shorter wall.

5.18.17. Maintenance of fences and walls. All fences and walls in the City shall be maintained in a good state of repair, free of graffiti, and shall be maintained so that they are structurally sound. Fences and walls in a state of deterioration are prohibited. If a wall needs to be repaired or replaced because it is severely deteriorated, not in a good state of repair, or is not structurally sound, then the wall must be constructed at the height of eight (8) feet where required.

5.18.18. Definitions. For the purposes of this section, the following definitions shall apply:

A.

Graffiti shall mean any writing, drawing, painting, inscription, figure or mark of any type on any structure, public or private, or any other property, real or personal, that has been made without the consent of the owner of the property.

B.

Deterioration shall mean the condition or appearance of the fence, wall or parts thereof characterized by holes, breaks, rot, crumbling, cracking, fading or peeling of paint or finishes of the structure, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

C.

Good state of repair, as it relates to fences and walls or parts thereof, shall mean that it is safe for its ordinary and intended use, or that the materials used in the fence or wall are sound and stable and are performing the function for which they were intended.

D.

Structurally sound shall mean that the condition of the fence or wall is such that it is free from imperfections and damage which could adversely affect the intended use of the fence or wall.

5.18.19. Self-service storage facilities shall have a minimum six (6) feet high wall surrounding the facility on all sides.

Editor's note— Formerly § 5.18.18.

5.18.20. All fences and walls shall have the finished sides facing the exterior, i.e., abutting property and right-of-way, except when the fence or wall abuts an existing fence or wall substantially impeding access. If the existing fence or wall substantially impeding access is subsequently removed or relocated so that access is no longer impeded, then the property owner shall have fifteen (15) months from said removal or relocation date to modify the fence or wall so that a finished side is now provided.

(Ord. No. 01O-01-08, § 1, 1-29-01; Ord. No. 03O-09-181, § 1, 9-29-03; Ord. No. 04O-09-205, § 1, 9-27-04; Ord. No. 07O-08-145, §§ 1—15, 9-10-07)

Editor's note— Formerly Schedule O.

There shall be a minimum distance requirement of one thousand (1,000) feet, shortest airline measurement, between any two (2) plots occupied or to be occupied for such firearm and ammunition sale use. In addition there shall be a minimum distance requirement of one thousand (1,000) feet, shortest airline measurement, between a plot occupied or to be occupied for firearm and ammunition sale use and a plot occupied or to be occupied for church, school, playground, or residential use.

(Ord. No. 01O-01-03, § 16, 1-29-01)

Editor's note— Formerly Schedule B-2, note (16).

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 5, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

5.20A.1. Commercial zoning districts. Notwithstanding Schedule B, within the Limited Office (CO-1), Community Business (C-2), General Commercial (C-3) and General Commercial Warehouse (C-4), the outdoor storage of government/public equipment and vehicles shall be prohibited. This subsection shall not prohibit the outdoor storage of Police Department vehicles and impounded vehicles within a secured area.

5.20A.2. Utility zoning district. The outdoor storage of government equipment and vehicles shall be hidden behind an opaque fence or wall and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level. Substantially screened means that at least seventy (70) percent of the use must be hidden from view.

5.20A.3. Open Space and Recreational zoning district. The outdoor storage of government equipment and vehicles within the S-1 zoning district are subject to the following conditions:

a.

The minimum lot size shall be twelve (12) acres;

b.

The lot shall not be located along an arterial roadway;

c.

The outdoor storage use shall be hidden behind an opaque fence or wall and shall be substantially screened from view from abutting properties and the public right-of-way as viewed from ground level.

This subsection does not apply to the outdoor storage of the Show Mobile at the Sports Park.

(Ord. No. 04O-01-107, §§ 1—4, 2-9-04)

The open-air retail sales of plant materials not grown on site, and home garden supplies and related merchandise (garden shop) are allowed subject to the following conditions:

1.

The horticulture use must be accessory to and operating as a part of a community-scale or greater retail sales use.

2.

Total square footage of the horticulture use shall not exceed the total square footage of floor space within the principal retail sales use.

3.

An accessory horticulture use shall be enclosed by at least an eight-foot wall; the wall on the side contiguous to the main structure must be solid concrete or masonry; however, the three (3) noncontiguous walls may be constructed with up to fifty (50) percent of the eight-foot height in these locations consisting of decorative or ornamental fencing (not chain link fencing or similar materials). Additionally:

a.

Only living plant materials, and the pots in which they are planted, may be displayed in the openings in the wall.

b.

No machinery, supplies, inventory, products, equipment or other materials other than living plant materials and the pots in which they are planted, shall be visible through the openings in the wall from the property line of the development boundary. Additionally, only living plants may exceed the height of the required wall.

c.

One (1) side of the horticulture use shall be contiguous to the principal use to which it is accessory.

d.

Stocking of the horticulture use shall be done internally or through a single gate at the rear of the premises.

e.

No more than one (1) other gate in addition to the gate described in d., above, at the rear of premises shall be provided to allow bulky items to be carried out for customer pickup.

(Ord. No. 14O-05-120, § 8, 7-14-2014)

5.21.1. Applicability. In addition to the standards and requirements of the underlying or base zone district, hotels, motels and similar uses shall be allowed only as a special exception use subject to the following provisions, standards and requirements, limitations and restrictions.

A.

Location. Hotels, motel and similar uses shall be limited to those real properties with an appropriate zoning district classification and with frontage on a street functionally classified by the Broward County Metropolitan Planning Organization as either an existing arterial roadway or an existing collector roadway.

B.

Lot area. The minimum lot area shall be one (1.0) net acre for real property located on a street functionally classified as an existing arterial roadway and one-half (½) net acre for property on a collector roadway.

C.

Frontage. The minimum street frontage shall be one hundred fifty (150) linear feet on a street functionally classified as an arterial roadway and one hundred (100) linear feet for property on a collector roadway.

D.

Minimum floor area. Each sleeping room shall contain a minimum floor area of three hundred twenty-five (325) square feet including closets and bathrooms.

E.

Building height. The maximum allowable height is four (4) stories along roadways functionally classified as arterial roadways and two (2) stories for roadways functionally classified as collector roadways; provided, however, that where the subject property is adjacent to a residential single-family zoning district, the applicant shall demonstrate through the site plan review process that any adjacent residential single-family rear yard cannot be viewed or observed from the hotel, motel or similar use. Failure to make such demonstration shall result in the denial of the site plan by the Planning and Zoning Board; however, the Planning and Zoning Boards denial may be appealed to the City Commission as provided by Article III, Zoning Districts, Part 3.0., Development Plan/Site Plan Review, Section 3.7., Appeals.

F.

Orientation of accessory uses. If lounges, limo service, car rental counters or any other accessory uses are provided, such uses shall be oriented primarily toward the guests of the establishment and shall be located within the building so as not to be visible to the general public, unless so approved through the special exception use process.

G.

Design. The building and other structures shall be designed so as to be architecturally compatible with one another and with the character of the surrounding area. In addition, to mitigate negative impacts associated with the potential vacation and abandonment of the use, the buildings and other structures shall be designed to facilitate the adaptive reuse of the buildings and structures, except for reuse as an assisted living facility, group home, or special residential facility.

H.

Accessory signs. Signs designating those accessory uses allowed in conjunction with a hotel, motel and similar use shall be prohibited from being attached to the outside of the hotel, motel or similar use unless such sign is granted through a special exception use approval.

5.21.2. RMH-50, C-2 and C-3 zoning districts.

A.

Hotels, motels and similar uses having fifty (50) or more units, may have restaurants, dining rooms, or bars which are located in the principal building and which are of such design and size as to cater primarily to the guests of the main use. Live entertainment shall require approval by the City Commission as a special exception use development order.

B.

Hotels, motels and similar uses having one hundred (100) or more guest rooms or units may have retail shops, personal service shops, offices and similar uses solely for the convenience of their guests.

C.

The special accessory uses permitted under paragraphs above shall be subject to the following limitations and requirements:

1.

Access to such special accessory uses shall be limited to the interior of the building and there shall be no direct public access from the exterior of the building, provided that the doors for exit purposes only may be located in the exterior walls of the building.

2.

There shall be no show windows or displays relating to such special accessory uses on the exterior of the building or visible from any street, waterway, or adjacent property.

(Ord. No. 00O-9-68, § 1, 10-30-00; Ord. No. 04O-03-116, § 1, 3-29-04)

5.22.1. Dates. Sales of Christmas trees and plants shall be confined to the period beginning on November 25 and ending on December 26 of each year. Sales of fireworks shall be confined to two (2) periods: from June 20 through July 5 of each year and from December 15 through January 1. For all other holiday sales events, the sales period is confined to four (4) days preceding the holiday.

5.22.2. Separation standard. Locations where holiday sales are proposed shall be at least two thousand five hundred (2,500) feet from one another, as measured by a straight line between and among the nearest points on any plot to be occupied by any proposed holiday sales use.

5.22.3. Special exception use application filing requirements. In addition to the special exception use application filing requirements identified in Article IV., Part 4.0., the following information shall be provided:

A.

A special exception use application shall be filed at least seventy-five (75) days before the first day of the proposed holiday sales. An application that is not timely filed shall not be accepted or processed.

B.

A letter signed by the property owner or owner's agent which grants the applicant permission to use the designated space for the stated purpose and which allows the applicant to apply for all required licenses, permits and special exception use approvals.

C.

A site plan displaying the following information:

1.

The proposed location of all structures, including the type of structure (e.g., canopy, tent, refuse and recycling containers, generators, lighting equipment, sign, portable toilet), the setbacks, the dimensions, and the size in square feet. A portable toilet shall be provided and depicted on the site plan; however, the applicant may file a letter signed by the owner or manager of the proposed site stating that the applicant has permission to use the adjacent business's toilet facilities and that the adjacent business will be open during the same hours that the applicant will be open for business;

2.

The proposed elevations and colors of all structures. Cut-out sheets and photographs are acceptable;

3.

If the location is within a parking lot, the site plan shall disclose the total number and type of parking spaces to be occupied for the event and the location of a handicapped parking space to serve the event; and

4.

The proposed location of any loading spaces and any overnight parking spaces to be occupied by event related vehicles.

D.

A list of all persons with a financial interest in the operation, along with affidavits from each stating whether or not that person was ever convicted of a crime and a copy of each person's driver's license or other information which allows the Police Department to conduct a background investigation.

5.22.4. Promotional license application requirements. All application for holiday sales shall require the filing of a promotional license application and fee. Such application shall be filed at least ten (10) business days before the first day of the holiday sales event and unless already provided as part of a special exception use application shall include the site plan information specified in paragraph 5.22.3.C. above.

5.22.5. Additional requirements. The following additional requirements shall apply.

A.

Only one (1) sign shall be allowed, which shall be professionally drawn.

B.

All applicable building permits shall be obtained at least two (2) business days before the first day of the holiday sales event.

C.

The local business tax shall be paid at least two (2) business days before the first day of the holiday sales event.

D.

A five hundred dollar ($500.00) cash bond made out to the City for clean-up costs shall be provided at least two (2) business days before the first day of the holiday sales event. If the applicant vacates the site within twenty-four (24) hours after the holiday sales event have terminated and the site is left in a clean condition, then the bond shall be returned to the person who posted same. If the applicant does not vacate the site within twenty-four (24) hours after the holiday sales event have terminated, or has not left the site in a clean condition, the bond shall be forfeited.

(Ord. No. 01O-01-05, § 11, 1-29-01; Ord. No. 04O-04-133, §§ 1—6, 5-10-04; Ord. No. 13O-03-110, § 3, 4-8-2013)

Editor's note— Ord. No. 04O-03-116, § 1, adopted March 29, 2004, repealed Art. III, § 5.22 [Formerly Schedule B-1, note (3)], which pertained to hotels, motels and similar uses; RMH-50 and derived from Ord. No. 01O-01-02, § 4, adopted Jan. 29, 2001.

Note— Ord. No. 04O-04-133, §§ 1—6, adopted May 10, 2004, renumbered Art. III, § 5.21A [Formerly Schedule E, § 5.(14)] to read as Art. III, § 5.22. See the Table of Amendments.

Because multi-tenant industrial parks are only required to provide forty (40) percent of the parking required under the Code for places of assembly (industrial uses are only required to provide one (1) parking space per five hundred (500) square feet of gross floor area, while place of assembly must provide one (1) parking space per two hundred (200) square feet when measured by gross floor area), the use of a multi-tenant Industrial park for house of religious worship or other place of assembly shall be limited to twenty (20) percent of the gross floor area.

(Ord. No. 15O-08-129, § 5, 9-11-2015)

Editor's note— Ord. No. 15O-08-129, § 5, adopted Sept. 11, 2015, amended § 5.23 in its entirety to read as herein set out. Former § 5.23 pertained to house of religious worship, and derived from Ord. No. 01O-01-02, § 2, adopted Jan. 29, 2001; and Ord. No. 01O-01-03, §§ 11, 14, adopted Jan. 29, 2001.

The following regulations shall apply to manufactured housing and recreational vehicles.

5.24.1. A manufactured housing unit or recreational vehicle shall not be considered to be permissible as an accessory building.

5.24.2. No person shall park, store, or occupy a manufactured housing unit for living purposes except for a period not in excess of six (6) months on property for which a building permit for the construction of a permanent building or structure has been obtained, which construction is actively carried forward to completion within the aforesaid six (6) months.

5.24.3. A manufactured housing unit or recreational vehicle may be used as a temporary office or shelter incidental to construction on, or development of, the premises on which the trailer is located.

5.24.4. Except as hereinbefore provided, no manufactured housing unit or recreational vehicle shall be parked or stored in a residential district except in a garage, accessory building or behind a fence enclosure.

5.24.5. Requirements for manufactured housing units. All manufactured housing units permitted for temporary use as provided in this section shall:

A.

Retain the running gear assembly and chassis subsystem consisting of suspension springs, drawbar, axles, bearings, wheels, hubs, tires, and brakes.

B.

Be securely anchored to resist wind loads.

5.24.6. Requirements for recreational vehicles. All recreational vehicles permitted for temporary use as provided in this section shall be fully licensed and ready for highway use.

A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structure.

(Ord. No. 01O-01-05, § 2, 1-29-01; Ord. No. 04O-01-102, §§ 1—4, 1-26-04; Ord. No. 24O-06-122, § 1, 7-8-2024)

Editor's note— Formerly Schedule E, § 1.2.

Manufacture, compounding, processing, or storage of such products as: ceramics (electrically fired), cosmetics, and toiletries (except soap), clothing, food and dairy products, hardware, household supplies, jewelry, medical supplies, paper and plastic products (except pyroxylin), pottery (electrically fired), and precision and electronic instruments are allowed in the Light Industrial Zoning District as a special exception use.

The manufacturing, compounding, processing, or storage of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, leathers, fur, felt, fiber, glass, horn, hair, leather, paper, plastics, precious and semiprecious metals or stones, shells, textiles, tobacco, wood, and yarn are allowed in the Light Industrial Zoning District as a special exception use.

This land use classification includes a brewery or microbrewery, including a taproom that produces beer and sells seventy-five (75) percent or more of its beer off-site. Microbreweries sell to the public by one (1) or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer through carry-outs and/or on-site taproom and does not operate significant food services.

(Ord. No. 01O-01-03, § 9, 1-29-01; Ord. No. 19O-08-116, § 4, 9-12-2019)

Editor's note— Formerly Schedule B, § 2, note (9).

The following regulations shall apply to all junkyards:

5.25A.1. The area of land to be so used shall not be less than twenty thousand (20,000) square feet nor more than one hundred thousand (100,000) square feet.

5.25A.2. No automobile or vehicle not in running condition, nor machinery or other junk or scrap shall be located either for storage or within thirty (30) feet of any side street line or other property line of the plot to be so used.

5.25A.3. The entire area occupied by a junkyard shall be surrounded by a substantial continuous masonry wall eight (8) feet in height without openings, except for entrance and exit, which openings shall be equipped with unpierced gates. Nothing contained within the junkyard shall be visible outside the wall from ground level.

(Ord. No. 01O-01-05, § 1, 1-29-01)

Editor's note— Formerly Schedule E, § 1.1. Further, Ord. No. 01O-01-05, § 1, adopted Jan. 29, 2001, provided for the renumbering of Schedule E, § 1.1. as § 5.25, a pre-existing section. Thus, said provisions have been redesignated as § 5.25A at the discretion of the editor to read as herein set out. See the Table of Amendments.

1.

Allowable use. A mental health facility shall be allowed in the Commercial Office, Community Commercial, General Commercial and Community Facility zoning districts as a permitted use except, however, that a mental health facility for substance abusers shall be prohibited.

2.

Nonconforming use amortization. Any existing local, state or federally licensed mental health facility for substance abusers operating within the City is an illegal nonconforming use that may continue to operate at the currently licensed location until March 30, 2010, or whenever the existing lease expires, whichever shall occur first, provided conformance with the following factors is demonstrated:

a.

An occupational license application is filed with the Finance Department to operate for FY 2006—2007 a mental health facility for substance abusers and that the license is annually renewed by September 30; and

b.

The annual occupational license application contains documentation showing the mental health facility for substance abusers is locally, state or federally licensed and that any person caring for patients is licensed; and

c.

The annual occupational license application contains documentation showing the days and hours of operation are restricted to Monday through Saturday and from 8:00 a.m. to 9:30 p.m.

d.

The mental health facility operator shall provide a complete list of "operational rules" for approval by the City Manager regarding prohibition of alcohol consumption, drug use, and unruly behavior, including an enforcement policy, which shall be available for review by the public during regular business hours.

e.

The mental health facility operator shall establish a "no loitering" policy for clients and program participants to prevent loitering on the outside of the premises and shall post signage on the premises indicating said policy within the premises and along all perimeters.

(Ord. No. 07O-06-127, § 3—5, 6-25-07)

5.26.1. Live entertainment.

A.

CR, CF, and CW [zoning districts]. Live entertainment is allowed as a permitted use in the Commercial Recreation, Community Facility, and Commercial Warehouse zoning district provided the live entertainment shall occur completely indoors.

1.

The City Manager may repeal the live entertainment use if it is determined to have an adverse impact to the public safety, health and general welfare. A prima facie case for repealing the use shall be established if the City Manager finds that at least three (3) police incidents are attributable to the use within any one-year period.

B.

CC, CC and zoning districts.

1.

Special exception use. A special exception use development order from the City Commission shall be required for live entertainment (indoors) in the community Commercial (CC) and General Commercial (CG) zoning districts unless exempted under subparagraph b. below.

2.

Exception. Live entertainment (indoors) shall be allowed as a permitted use in the Community Commercial (CC), General Commercial (CG) provided one (1) of the following conditions are satisfied:

a.

The use occupies an entire freestanding building and the property where the building is located does not abut any residential or park zoning districts; or

b.

The use is located on an outparcel, it occupies an entire freestanding building, and the shopping center shields more than ninety (90) percent of the freestanding building from any abutting residential use or park zoning district.

c.

The City Manager may repeal the live entertainment use if it is determined to have an adverse impact to the public safety, health and general welfare. A prima facie case for repealing the use shall be established if the City Manager finds that at least three (3) police incidents are attributable to the use within any one-year period.

C.

CE and the Arts and Entertainment Overlay District.

1.

Live entertainment (both indoors and outdoors) shall be allowed as a permitted use within the Commercial Entertainment zoning District until 4:00 a.m.

2.

Live entertainment (both indoors and outdoors) shall be allowed as a permitted use within the Arts and Entertainment District until 2:00 a.m.

3.

The City Manager may repeal the live entertainment use if it is determined to have an adverse impact to the public safety health and general welfare. A prima facie case for repealing the use shall be established if the City Manager finds that at least three (3) police incidents are attributable to the use within any one-year period.

D.

Alcoholic beverage establishment hours during which sales and consumption are prohibited shall follow Article III, Section 5.3.1.

(Ord. No. 03O-03-132, §§ 1—7, 4-14-03; Ord. No. 16O-02-106, §§ 1, 2, 3-28-2016; Ord. No. 19O-08-116, § 5, 9-12-2019; Ord. No. 19O-10-144, § 2, 11-25-2019)

Editor's note— Ord. No. 09O-07-132, § 5, adopted Aug. 31, 2009, repealed § 5.27, which pertained to motion picture studios, and derived from Ord. No. 01O-01-05, § 12, 1-29-01; Ord. No. 01O-01-06, § 1, 1-8-01.

5.28.1. Medical.

A.

Administering controlled substances. A medical office with a controlled substance practitioner may administer a controlled substance including medical marijuana directly to the patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment.

B.

Prescribing controlled substances. At the time the controlled substance practitioner is administering a controlled substance as identified above, a prescription of the controlled substance may be issued.

1.

Factors. When a special exception use application for a medical office with a controlled substance practitioner is filed, the City Commission shall consider: Whether the practitioner has been disciplined within the last ten (10) years; and

2.

Whether the practitioner has owned, operated or been employed in a pain management clinic within the last ten (10) years.

C.

A medical office with a controlled substance practitioner with a current special exception use permit may prescribe medical marijuana without the need for a new special exception use permit. However, the medical practitioner must renew their business license to include medical marijuana as a separate business tax item.

(Ord. No. 12O-09-147, §§ 4, 5, 9-24-2012; Ord. No. 18O-04-109, § 5, 5-14-2018)

5.29.1. Definitions. The term pawnbroker or pawnshop, as used in this subsection, is defined as a person or business entity licensed to lend money at a legally specified rate of interest on an article or articles of personal property left with the person or business entity as security.

5.29.2. Records required; information about article and seller.

Every person or business entity engaging in the business of a pawnbroker or conducting a pawnshop in the City shall keep a complete and clear record of every article or thing pawned to or purchased by said person or business entity. The articles or things shall be identified for the record by size, make, model, color, serial numbers and any other specific description available.

The aforesaid required records shall specify the date received, the article or thing, the number, mark, and all other such details as will make identification of such article or thing clear and positive.

Any person selling or pawning articles must present positive identification such as a driver's license with photograph. A record of the seller's full name, address, phone number, sex, race and date of birth shall be obtained and made a part of the records kept by the pawnbroker.

5.29.3. [Records furnished upon demand by officials.] Records to be kept in duplicate and upon demand furnished to the Chief of Police. All pawnbrokers, as defined herein, shall hold their pawnshops and records open to visitation and inspection by the police, and upon the refusal of any pawnbroker at any time to submit to such visitation or inspection, or to furnish the record of aforesaid, his shop may be immediately closed by order of the City Manager after an investigation by the City Manager of such refusal. The City Commission may then, after proper hearing, revoke the occupational license granted to such person or business entity.

5.29.4. Dealing with minors prohibited. It shall be unlawful for any pawnbroker to buy, take or receive by way of pledge, pawn or exchange, any goods, wares or merchandise or article of personal property of any kind from any person under the age of eighteen (18) years.

5.29.5. [Background check.] Prior to the granting of Special Exception for Pawnshops or Pawnbrokers, the applicant shall be subject to background check by the Police Department.

5.29.6. Penalty. Any person or business entity convicted of violating any provisions of this subsection shall be fined up to five hundred dollars ($500.00) or

5.29.7. [Imprisonment.] Imprisoned up to thirty (30) days in the county jail, or both, for each such violation.

(Ord. No. 01O-01-05, § 8, 1-29-01)

Editor's note— Formerly Schedule E, § 5.(10).

Personal services shall conform to the following requirements:

A.

It shall be unlawful for any person, either directly or indirectly, to conduct any personal services use within the corporate limits of the City other than within the confines of a permanent structure. The confines means the inside of the permanent structure. Notwithstanding the above, land uses such as catering and mobile game or play area services (e.g., bounce houses), etc. shall be allowed to operate outdoors provided such services are conducted off-site.

B.

All equipment, supplies, merchandise and materials shall be located inside the building where the services are being performed, except as described above.

C.

Hours of operation. Excepted for personal services uses located within the Commercial Entertainment (CE) zoning district, the following days and hours of operation shall apply.

1.

Arterial and collector roads. Personal services uses fronting on an arterial or collector road are restricted to the following hours of operation: 7:00 a.m. to 11:00 p.m.

2.

Local roads. Personal services uses fronting on local roads are restricted to the following hours: Monday through Saturday from 7:30 a.m. to 9:00 p.m. and Sunday from 8:00 a.m. to 8:00 p.m.

3.

Adjustments and appeals. The City Manager may adjust the days and hours of operation for a personal services use based upon the special exception use factors. An applicant may appeal to the City Commission, sitting as the Board of Adjustment, the City Manager's final determination.

4.

Amortization period. Existing personal services uses currently operating within the prohibited days and hours of operation may continue to operate until September 30, 2013. Thereafter, the restaurant [personal services use] will be an illegal nonconforming use.

5.

Repealing an administrative development order. The City Manager may repeal or modify a previously granted or granted with conditions development order regarding the hours of operation for personal services use if the City Manager determines such hours of operation are having an adverse impact to the public safety, health and general welfare. A prima facie case for repealing or modifying the administrative development order shall be established if the City Manager finds that at least three (3) police incidents are attributable to the hours of operation within any one-year period.

D.

Accessory uses. The incidental display, storage and sale of goods and merchandise associated with the personal service provided is allowed as an accessory use. For example, a beauty salon may sell hair products but not mobile telephones.

(Ord. No. 01O-01-03, § 2, 1-29-01; Ord. No. 13O-01-106, § 3, 1-28-2013; Ord. No. 16O-02-108, § 1, 3-14-2016)

Editor's note— Formerly Schedule B-2, note (1).

As used herein, a pharmacy includes a drive-through pharmacy.

A.

Separation standard. This term shall be interpreted and applied as is provided for in LDR Article I, Section 1.5.

1.

There shall be a one-half (½) mile separation between each pharmacy and any pain management clinic regardless of City jurisdictional boundaries.

2.

There shall be a one-half (½) mile separation between each pharmacy regardless of City jurisdictional boundaries.

3.

A certified survey from a land surveyor registered in the State of Florida displaying the distance in linear feet between a pharmacy and a pain management clinic or between pharmacies shall be submitted with a zoning verification request and fee in order to establish compliance with this section.

B.

Structure and lot requirement. A pharmacy shall be exempted from the separation standard if:

1.

It is located in a freestanding building with a single tenant on a separately platted lot or lots; and

2.

The building has a minimum floor area of two thousand five hundred (2,500) square feet.

C.

Vested use. Any existing pharmacy that is not in compliance with the separation standard shall be considered a legal, nonconforming use.

(Ord. No. 12O-06-127, § 3, 7-9-2012; Ord. No. 25O-02-107, § 1, 5-12-2025)

5.31.1. Rental of residential dwelling unit.

A.

Occupational license. It shall be unlawful for any person to rent, lease, or sublease any residential dwelling unit without prior receipt of an occupational license to rent such dwelling unit. This Section does not apply to the rental of a residential dwelling unit for the purpose of operating a Special Residential Facility use; instead, such use is governed by the provisions in LDR Article III., Part 5.0., Section 5.35., Special Residential Facility Use.

B.

Application and fee. An occupational license application and application fee for the rental of a residential dwelling unit shall be filed with the Finance Department. The Finance Department is authorized to develop and adopt an occupational license application form for the rental of a residential dwelling unit, provided that, at a minimum the following information is requested:

1.

The name of the property owner and evidence of property ownership;

2.

The property address;

3.

The number of dwelling units, the size in square feet and the number of bedrooms and bathrooms in each dwelling unit;

4.

If the dwelling unit is a condominium, evidence demonstrating the dwelling unit may be rented and any restrictions on such rental;

5.

The number of paved parking spaces exclusively assigned to each dwelling unit, and evidence of such exclusive assignment;

6.

A statement indicating the number of furnished and unfurnished rental unit;

7.

A statement indicating whether the owner will allow a home-based business use to operate within the dwelling unit, and the number and location of those dwelling units where such use is allowed to operate;

8.

A statement indicating those utilities proposed to be paid by the renter;

9.

If a single-family dwelling unit is being rented, a statement indicating whether the owner or renter is responsible for maintaining the property;

10.

The complete payment of the application fee as provided for in the Code of Ordinances; and

11.

Any other documentation required by the Finance Department Director.

C.

Inspections. The Fire Rescue Department shall conduct a fire safety inspection and a Housing Officer shall conduct a minimum housing quality standards and community appearance inspection to verify the proposed rental dwelling unit provides for safe, decent and sanitary living conditions. The Finance Department shall not issue an occupational license for the rental of such dwelling unit until City inspectors confirm the dwelling unit conforms to the above-described regulations.

D.

Penalties; fines. The rental of a residential dwelling unit without prior receipt of a City occupational license for the rental of such dwelling unit shall cause the dwelling unit owner to be subject to the following penalties:

1.

A fine equal to twice the occupational license application fee for the rental of a residential dwelling unit; and

2.

A daily fine for each day the residential dwelling unit was rented without receipt of the applicable occupational license. The daily fine shall be ten dollars ($10.00) per day for the first violation; twenty dollars ($20.00) per day for a second violation; and twenty-five dollars ($25.00) per day for three (3) violations or more.

5.31.2. Minimum dwelling standards and requirements. In addition to the South Florida Building Code, Fire Code, the City's Code of Ordinances, other standards and requirements of these Land Development Regulations, and all other applicable codes and regulations, the below described provisions shall apply to the development of any new residential dwelling, the redevelopment of a residential dwelling and dwelling unit, and the substantial rehabilitation of any existing residential dwelling and dwelling unit.

A.

Definition. The following terms as used herein shall be defined as follows:

1.

"Development" of any new residential dwelling means the construction of any residential dwelling on land that is undeveloped or vacant and that was not previously developed.

2.

"Redevelopment" of a residential dwelling means the construction of any residential dwelling on land that was previously developed.

3.

"Substantial rehabilitation" of any existing residential dwelling and dwelling unit means the renovation, alteration or remodeling of a building containing essentially uninhabitable residential units that require substantial renovation in order to conform to the Florida Building Code. Substantial rehabilitation may vary in degree from gutting and extensive reconstruction to extensive improvements that cure substantial deferred maintenance. Cosmetic improvements alone such as painting, decorating and minor repairs, or other work which can be performed safely without having the units vacated, do not qualify as substantial rehabilitation.

B.

Minimum dwelling unit size. The following minimum sizes are established for residential dwelling units. Any garage, patio, walkway and similar space shall not count toward meeting the minimum dwelling unit size standard.

1.

Single-family detached and townhouse dwelling unit. The minimum size for a single-family detached unit and townhouse unit with three (3) bedrooms or less is one thousand four hundred (1,400) square feet. Each additional bedroom shall have a minimum size of one hundred fifty (150) square feet.

2.

Multi-family dwelling unit. The minimum sizes are:

a.

Efficiency. Seven hundred (700) square feet.

b.

One-bedroom. Nine hundred (900) square feet.

c.

Two-bedroom. One thousand (1,000) square feet.

d.

Each additional bedroom. One hundred fifty (150) square feet.

3.

Multi-family dwelling units located within the Transit Oriented Corridor. The minimum sizes are:

a.

Efficiency. Four hundred (400) square feet.

b.

One-bedroom. Six hundred (600) square feet.

c.

Two-bedroom. Eight hundred (800) square feet.

d.

Three-bedroom. One thousand (1,000) square feet

e.

Each additional bedroom. One hundred fifty (150) square feet.

C.

Exterior siding. The use of vinyl, fiberglass and aluminum siding on any residential dwelling is prohibited.

D.

Roof and mansard material.

1.

Development and redevelopment. The development of any new residential dwelling and the redevelopment of any residential dwelling shall require the use of barrel tile, s-barrel tile, barrel tile shaped or standing seam metal materials on the roof and mansard.

2.

Existing residential dwelling and dwelling unit. The repair or replacement of barrel tile, s-barrel tile, or standing seam metal materials on the roof and mansard of any existing residential dwelling shall be repaired or replaced with the same or similar type of roof and mansard materials. Any existing residential multi-family dwelling with four (4) dwelling units or more and constructed with shingle-type materials on the roof or mansard or both shall be replaced with barrel tile, s-barrel tile, barrel tile shaped or standing seam metal materials on the roof or mansard or both.

E.

Garage. Each single-family detached dwelling unit and each townhouse unit shall be constructed with at least a one-car garage with minimum dimensions of eleven (11) feet wide by twenty-one (21) feet deep.

F.

Applicability. The provisions herein shall apply to any site plan or site plan modification application for new residential development that has not been issued either a site plan or site plan modification development order as of the effective date of this ordinance (i.e., February 26, 2007).

(Ord. No. 01O-01-02, § 5, 1-29-01; Ord. No. 06O-04-124, §§ 1—5, 5-8-06; Ord. No. 07O-01-102, §§ 1—13, 2-12-07; Ord. No. 23O-06-112, § 1, 6-26-2023)

Editor's note— Formerly Schedule B-1, note (4).

5.32.1. General. The following shall apply to all restaurants, including restaurant bars:

A.

Prohibited hours of operation.

1.

Arterial and collector roads. Restaurants fronting on an arterial or collector road shall be closed during the following hours: Monday through Saturday, 2:00 a.m. to 5:30 a.m. and Sundays, 2:00 a.m. to 6:00 a.m.

2.

Local roads. Restaurant fronting on local roads shall be closed during the following hours: Monday through Saturday, 10:00 p.m. to 7:00 a.m. and Sunday 5:00 p.m. to 9:00 a.m.

3.

Adjustments. The City Commission, sitting as the Board of Adjustment, may adjust the days and hours of operation for a restaurant through the special exception use process.

4.

Amortization period. Existing restaurants currently operating within the prohibited days and hours of operation may continue to operate until December 31, 2011. Thereafter, the restaurant will be an illegal nonconforming use.

5.

Exceptions: Hours of operation. Restaurants, restaurant-bars and bars and taverns and microbrewery, brewery also including a tap rooms located within the CE zoning district shall be closed during the following hours: Monday through Saturday 4:00 a.m. to 7:00 a.m. and Sundays from 4:00 a.m. to noon.

Restaurants, Restaurant-bars and bars and taverns and microbrewery, brewery also including a tap rooms located within the CW zoning district and the Arts and Entertainment Overlay District shall be closed during the following hours: Monday through Saturday 2:00 a.m. to 7:00 a.m. and Sundays from 2:00 a.m. to noon.

6.

Alcoholic beverage establishment hours during which sales and consumption are prohibited shall follow Article III, Section 5.3.1.

B.

Dumpster enclosure. Each restaurant shall have access to a dumpster enclosure equipped with a drain, hose and bib and shall be constructed consistent with the standards and requirements identified elsewhere in this LDR.

C.

Outdoor seating.

1.

Administrative development order. The City Manager may grant, grant with conditions or deny an administrative development order to allow the outdoor placement of tables, benches and chairs as an accessory use to a restaurant or restaurant bar. The Applicant shall submit an application, fee, outdoor floor plan showing the location of the outdoor furniture and width of the walking aisles, an indoor floor plan showing the uses and square feet by use, and a parking inventory. The City Manager shall consider whether an accessible route and whether sufficient parking is available when rendering its final determination on an outdoor seating application.

2.

Reserved.

3.

Repealing an administrative development order. The City Manager may repeal a previously granted or granted with conditions development order for outdoor seating if the City Manager determines such outdoor seating is having an adverse impact to the public safety, health and general welfare. A prima facie case for repealing the administrative development order shall be established if the City Manager finds that at least three (3) police incidents are attributable to the outdoor seating within any one-year period.

4.

Appeals. A restaurant owner or other affected person may appeal to the City Commission, sitting as the Board of Adjustment, any City Manager final determination on an outdoor seating application or the repeal of an administrative development order. The term other affected person is to be construed and applied broadly in order to protect the public safety, health and general welfare.

5.

Parking ratio. The parking ratio for outdoor seating shall be one (1) space for each three (3) parking spaces.

D.

Outdoor grilling accessory to full service or take-out restaurant. Notwithstanding any other provisions to the contrary in this LDR or the City Code, a full service or take-out restaurant may have accessory outdoor grilling upon demonstration that the site meets all applicable site plan review requirements, including, but not limited to, land development, zoning, landscaping, parking, building and fire codes, and subject to the following provisions:

1.

A certificate of use, in accordance with City Code of Ordinances, Chapter 12, Article II, shall be obtained from the city prior to the establishment of accessory outdoor grilling to full service or take-out restaurants. An existing restaurant holding a current certificate of use shall obtain a new certificate of use to establish accessory outdoor grilling.

2.

An applicant for a certificate of use for accessory outdoor grilling shall submit written authorization of the plot/property owner and proof of compliance with all applicable state and local laws and requirements, including, but not limited to the specific requirements of the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Recommended Guidelines for Food Establishments With Outdoor Cooking Operations, NFPA 110.11.6 Outdoor Cooking Equipment, local business tax requirements, health and safety regulations, and all permitting and licensing requirements, together with proof of general liability coverage in the minimum amount of one million dollars ($1,000,000,000.00), including product liability.

3.

The certificate of use shall be posted in a conspicuous location at the restaurant so that it may be easily read at any time during regular business hours.

4.

Accessory outdoor grilling shall be permitted only during the period of time that the restaurant is open for food service to customers.

5.

The owner and operator of the restaurant shall be responsible for cleaning and maintaining the area of outdoor grilling free of litter, trash, garbage, or other refuse.

5.32.1.1. Restaurant, fast food in-line: A restaurant located within a multi-tenant structure. Such restaurant shall not have a drive-through facility or exterior walk-up window or counter. Take-out service is permitted. The gross leasable floor area of the use when added to the remaining gross leasable square footage of all types of restaurants on the site results in less than ten (10) percent of the gross leasable floor area of the site being devoted to all types of restaurant uses.

5.32.2. Restaurant, fast food with or without drive-through and high turnover with drive-through: A restaurant located in a freestanding structure that includes a drive-through service. The following conditions apply:

A.

An illuminated entrance sign located in proximity to beginning of the drive-through lane;

B.

Communication equipment associated with the drive-through shall be oriented away from areas zoned residential district;

C.

Lighting associated with the drive-through shall be shielded from areas zoned residential district; and

D.

A trash receptacle shall be located between the service window where food is dispensed and the end of the driveway and shall be installed no later than December 31, 2012.

E.

All fast food and high turnover with drive-through restaurants shall be located a minimum of one thousand (1,000) feet from another freestanding fast food drive-through restaurant and a minimum of one thousand five hundred (1,500) feet from any public or private school measured by the airline measurement distance from property line to property line, or when located within a retail center shall be measured from the closest point of one (1) restaurant building to the other restaurant building, whichever is the closest.

F.

Existing Buildings originally improved for a Restaurant, fast food with or drive-through and high turnover with drive-through use are not subject to the distance separation requirements established in Article III, Section 5.32.2.E.

G.

Exterior walk-up windows or counters may be permitted subject to the following:

1.

Restaurant shall front an Arterial Road.

2.

Restaurant shall be located on a piece of property within the General Commercial zoning district.

3.

Walk-up window or counter must be approved by Special exception when used in conjunction with the following restaurant types outlined in Article 9, Schedule B, Table B-2:

a.

Sit-down, high turnover.

b.

Sit-down, high turnover with drive-through.

c.

Fast food in-line.

d.

Fast food with drive-through.

4.

Walk-up window or counter is prohibited for sit-down, low-turnover restaurants.

5.

Site plan (SP) or site plan modification (SPM) approval is required for siting of a walk-up window and associated waiting area.

6.

All existing walk-up windows that were installed with an approved building permit are vested and do not require approval of a new site plan (SP) or site plan modification.

H.

The restaurant drive-through lane, outdoor menu board or ordering, pick-up or pay station shall be located a minimum distance of two hundred (200) feet from any residentially zoned property.

I.

All fast food drive-through and high turnover drive-through restaurants shall comply with Schedule P, Design Standards and Guidelines.

J.

The drive-through shall not be located along the principal road frontage.

K.

The entire length of the drive-through between the ordering and pickup locations must be screened from view by architectural or landscape elements.

Further, unless site conditions are unduly restrictive, a drive-through by-pass lane shall be provided.

[5.32.3.] Accessory uses. The following uses may be deemed accessory to a restaurant.

A.

Banquet room. A portion of the restaurant may be made available for private parties provided that the restaurant is made available to the general public at the same time.

B.

Catering. Food and meals prepared on the premises may be delivered to another location for consumption off premises.

C.

Live entertainment.

1.

Indoor live entertainment shall be allowed as an accessory use to a restaurant (or restaurant bar) provided all the following conditions are satisfied:

a.

The restaurant does not exceed a size of two thousand five hundred (2,500) gross square feet;

b.

The restaurant does not include any open area designed or used for dancing;

c.

The restaurant does not have an elevated stage;

d.

The number of performers cannot exceed two (2) persons; and

e.

A cover charge, entrance or similar fee is not charged for admittance.

f.

Exceptions:

1.

Indoor live entertainment. Restaurants, Restaurant-Bars and Bars and Taverns located within the CE zoning district, the CW zoning districts, and the Arts and Entertainment Overlay District shall be exempt to 5.32.3.C

2.

Outdoor live entertainment shall be allowed as an accessory use to a restaurant (or restaurant bar) within the CE zoning district and the Arts and Entertainment Overlay District

3.

The City Manager may repeal the live entertainment accessory use if it is determined to have an adverse impact to the public safety, health and general welfare. A prima facie case for repealing the use shall be established if the City Manager finds that at least three (3) police incidents are attributable to the use within any one-year period.

4.

Alcoholic Beverage Establishment hours during which sales and consumption are prohibited shall follow Article III, Section 5.3.1.

(Ord. No. 01O-01-03, § 3, 1-29-01; Ord. No. 04O-01-104, §§ 1—6, 1-26-04; Ord. No. 05O-03-128, § 1, 3-28-05; Ord. No. 10O-05-125, § 3, 6-14-2010; Ord. No. 12O-06-124, § 1, 6-25-2012; Ord. No. 16O-02-107, §§ 1, 2, 3-28-2016; Ord. No. 16O-06-125, § 2, 7-11-2016; Ord. No. 18O-07-125, § 3, 8-27-2018; Ord. No. 19O-08-116, § 6, 9-12-2019; Ord. No. 19O-10-144, § 3, 11-25-2019; Ord. No. 21O-06-120, § 1, 6-28-2021; Ord. No. 21O-12-161, § 1, 1-10-2022)

Editor's note— Formerly Schedule B-2, note (2).

A.

Inside building. It shall be unlawful for any person, either directly or indirectly, to conduct any retail sales use within the corporate limits of the city other than within the confines of a permanent structure or approved vehicle. The confines means the inside of the permanent structure and any covered outside area attached to such permanent structure, such as an arcade or any awning. The outdoor display or storage of merchandise, equipment or supplies is strictly prohibited with the exception of:

1.

Authorized temporary sales of seasonal items, including but not limited to Christmas trees or fireworks, sales and services associated with an approved special event permit or special exception use development order;

2.

Authorized temporary special automobile displays or sales by existing automobile dealerships;

3.

Sale of landscape materials and supplies, provided a site plan or site plan modification development order has been issued and is in effect.

B.

Prohibition against roadside stands. It shall be unlawful for any person, either directly or indirectly, to conduct any retail sales use from any roadside stand or temporary structure on any city, county or state right-of-way.

C.

Hours of operation. Excepted for retail sales uses located within the Commercial Entertainment (CE) zoning district, the following days and hours of operation shall apply.

1.

Arterial and collector roads. Retail sales uses fronting on an arterial or collector road are restricted to the following hours of operation: from 7:00 a.m. to 11:00 p.m.

2.

Local roads. Retail sales uses fronting on local roads are restricted to the following hours of operation: Monday through Saturday from 7:30 a.m. to 9:00 p.m. and Sunday from 8:00 a.m. to 8:00 p.m.

3.

Adjustments and appeals. The City Manager may adjust the days and hours of operation for a retail sales use based upon the special exception use factors. An applicant may appeal to the City Commission, sitting as the Board of Adjustment, the City Manager's final determination.

4.

Amortization period. Existing retail sales uses currently operating within the prohibited days and hours of operation may continue to operate until September 30, 2013. Thereafter, the restaurant [retail sales use] will be an illegal nonconforming use.

D.

Accessory uses.

1.

A retail sales use may as an accessory and incidental use purchase or buy back used goods and merchandise from customers provided the operator:

a.

Offers for sale the goods or merchandise it is proposing to purchase;

b.

Does not substantially modify the goods or merchandise;

c.

The goods and merchandise is sold at retail on the premises or is transferred or delivered to the manufacturer, wholesaler or distributor.

2.

A retail sales use may accept merchandise as a trade-in provided the discount goes toward the purchase of a similar merchandize.

3.

A retail sales use may offer the incidental repair of good and merchandise which it offers to sale to the consumer.

(Ord. No. 13O-01-106, § 4, 1-28-2013; Ord. No. 16O-02-108, § 2, 3-14-2016)

5.33.1. Standards.

[A.]

All satellite dish antenna installations shall meet the following requirements:

The satellite dish antenna shall be considered a structure requiring a building permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electric Safety Code.

The satellite dish antenna installation shall meet all Federal Communication Commission and manufacturer specifications, rules, and requirements.

The satellite dish antenna shall be of a nonreflective surface material and shall be made, to the maximum extent possible, to conform and blend, taking into consideration color and location, with the surrounding area and structures.

The satellite dish antenna shall contain no advertising or signage of any type.

The installer of any satellite dish antenna, prior to installation, shall submit detailed blueprints/drawings of the proposed satellite dish antenna installation, foundation, and location which shall be certified by the manufacturer or a professional engineer.

The satellite dish antenna installation shall be permitted to be placed in side and rear areas of the residential or commercial structure.

The satellite dish antenna shall, to the maximum extent possible, be screened from view from a public right-of-way.

B.

The following standards are for installations in developments:

A satellite dish antenna shall be considered an accessory structure to the main dwelling structure and shall not constitute the principal use of the property.

Satellite dish antenna installations shall be limited to one (1) installation per residential lot, multi-family complex or commercial building.

The maximum size of the satellite dish antenna, shall be limited to twelve (12) feet in diameter.

The maximum height of a ground-mounted satellite dish antenna installation shall be a maximum of fourteen (14) feet from the ground.

A satellite dish antenna shall not be permitted to be installed on the roof of any structure.

All permanent satellite dish antenna installation shall be ground mounted at a fixed point and shall not be portable.

All such satellite dish antenna and supporting reinforced concrete slabs shall be permanently fixed to the ground and shall be constructed in accordance with the provisions of the South Florida Building Code, Broward County Edition, and the Lauderhill Code, and shall be screened by fence or landscaping from off premises view.

C.

No satellite dish antennae intended for use as a radio or television signal receiving antenna, or similar purpose, shall be placed or erected within the boundaries of the City of Lauderhill without a permit from the City. Radio and television antenna in single family residential districts shall not exceed thirty-five (35) feet in height.

Prior to obtaining any permit for the installation of a satellite dish antenna, the applicant shall pay a development review fee of one hundred dollars ($100.00) and applicable permit fees.

General requirements.

Any satellite dish antenna must be constructed of a mesh or translucent material which is color coordinated with the surroundings where it is placed.

No satellite dish antenna constructed of fiberglass, plastic or a nontranslucent material will be permitted.

All satellite dish antennae installations must be completely screened on all sides by hedges, trees or other natural enclosures so that said dish is not visible at ground level from off premises view.

All satellite dishes antennae and anchoring pads must be certified by an engineer registered and licensed in the State of Florida to withstand wind loading factors for sustained winds up to one hundred twenty-five (125) miles per hour.

Application for satellite dish installation approval shall be made to the Community Development Department and shall include the following:

Two (2) sets of plans, including survey or site plan showing the exact location of the satellite antenna on the property in relation to the site boundaries, setback lines and existing structure on the site.

Two (2) sets of signed and certified engineering plans by an engineer registered in the State of Florida or by the manufacturer detailing all installation requirements and specifications mandated by the South Florida Building Code and the Land Development Regulations of the City.

Landscaping plans showing placement, size and type of landscape material.

All applications for satellite dishes antennae installations shall be approved by the Community Development Department.

Installation of any satellite dish antennae must follow all building and zoning setback requirements for zoning districts in which such antenna/dish is installed.

No satellite dish antenna shall serve more than one (1) single-family home, one (1) multi-family complex, or one (1) commercial building, as applicable.

Picnic table-type satellite dishes shall be approved by the Community Development Department, provided that the satellite dish is located in the rear or side yard and is no more than fourteen (14) feet above the ground, and is screened with a fence or landscaping materials.

5.33.2. Nonconforming antenna. Any satellite dish antenna lawfully installed prior to September 6, 1983, shall be allowed to remain, until such time as it is replaced or moved. At the time of replacement or relocation, the provisions of this section shall be met.

5.33.3. Modification of requirements. The Director of Community Development may modify the requirements of this section when those requirements will result in unreasonable limitations on, or prevent reception of, satellite delivered signals.

(Ord. No. 01O-01-07, § 2, 1-29-01)

Editor's note— Formerly Schedule N, § 7.1.1.2.

5.34.1. Each self-service storage facility may have one (1) residential apartment in which an employee of the facility and his or her immediate family may reside.

5.34.2. Each self-service storage facility within the General Commercial zoning district shall be at least two (2) miles from any other self-service storage facility within the General Commercial zoning district, to be determined by a straight line from the nearest edge of each such facility to the nearest edge of any other such facility.

5.34.3. No business shall operate from any self-service storage facility. No Certificate of Use or local business tax receipt shall be issued for any business within the facility, except for the self-service storage facility itself. In addition, the self-service storage facility operator shall confirm from each tenant that the unit shall not be used for the maintenance or repair of equipment or machinery or the storage of animals, hazardous materials and waste, or any other noxious or dangerous materials.

5.34.4. Any self-service storage facility which faces an arterial or collector street shall have a facade facing that street which presents the appearance of an office or retail commercial use. If the self-service storage facility is located within the Community Commercial (CC) zoning district, then the entire exterior of the building shall conform to Schedule P., Design Standards and Guidelines.

5.34.5. There shall be no noise or light emitted from the self-service storage facility that affects residentially zoned areas from dusk to dawn.

5.34.6. Living plant material shall be provided outside the wall or fence, as approved by the Planning and Zoning Director.

5.34.7. The building shall be landscaped in accordance with Schedule J., Part 2.0, Section 2.6. Employee parking shall be landscaped in accordance with Schedule J., Part 2.0, Section 2.5. No other landscaping shall be required inside the wall or fence.

5.34.8. Self-service storage facility setbacks shall be twenty-five (25) feet when adjacent to areas that are zoned residential.

5.34.9. There shall be no wholesale or retail sales of goods or services, except for items sold by operator of the self-service storage facility to be used for packing and security of the tenants or as provided by state law.

5.34.10. Within the Community Commercial (CC) zoning district, the following requirements shall apply:

A.

One self-service storage facility shall be allowed as a permitted use provided the facility has a minimum size of forty thousand (40,000) square feet.

B.

There shall not be any direct access to individual self-service storage units from the exterior of the building. All individual units shall be accessed from the interior of the facility.

C.

The self-service storage facility and each unit shall be climate controlled. The maximum size shall be four hundred (400) square feet.

D.

A common dock area or areas shall be provided for the loading and unloading of furniture, personal goods, and other articles into the individual units. For enhanced safety, a fully enclosed loading and unloading area may be provided within the confines of the building.

E.

There shall be no outdoor storage of any kind.

F.

There shall be an on-site manager during the days and hours the self-service storage facility is in operation.

G.

Each self-service storage facility within the Community Commercial (CC) zoning district shall be at least two (2) miles from any other self-service storage facility within the Community Commercial zoning district, to be determined by a straight line from the nearest edge of each such facility to the nearest edge of any other such facility.

H.

When the property where a self-service storage facility is to be located abuts property zoned residential or open space parks, and where the self-service storage facility is re-occupying vacant space in an existing building, then the setback standard does not apply. When the property where a self-service storage facility is to be located abuts property zoned residential or open space parks, and where a new facility is being constructed, then the facility shall have a minimum setback from the residential or open space parks zoning district, whichever district is nearest, of thirty (30) feet or three (3) times the building height, whichever is greater. The City Planner shall have the discretion to increase the setback to coincide with existing building setbacks.

I.

Sections 5.34.6, 5.34.7 and 5.34.8 shall not apply.

(Ord. No. 15O-10-146, § 2, 11-9-2015)

Editor's note— Ord. No. 15O-10-146, § 2, adopted Nov. 9, 2015, amended § 5.34 in its entirety to read as herein set out. Former § 5.34, pertained to self-storage facility uses, and derived from Ord. No. 01O-01-06, § 2, adopted Jan. 8, 2001; Ord. No. 01O-01-04, § 2, adopted Jan. 29, 2001; Ord. No. 01O-01-05, § 10, adopted Jan. 29, 2001; and Ord. No. 04O-03-117, §§ 1—3, adopted April 12, 2004.

Editor's note— Formerly Schedule C, § (b), note 1.(7), Schedule E, § 5 and Schedule J, § 48.

5.35.1. Applicability. The following regulations shall apply to the location, design, construction, operation, and maintenance of service stations.

5.35.2. Size of plot. A plot to be occupied by a service station shall be not less than one hundred (100) feet in width and one hundred (100) feet in depth.

5.35.3. Location of service stations:

Distance between service stations: There shall be a minimum distance of two thousand (2,000) feet, shortest airline measurement, between the nearest points on any two (2) plots occupied or to be occupied for service station purposes, provided that this separation requirement shall not apply to two (2) or more service stations located on different corners of an intersection of two (2) or more streets.

Distance to public place: There shall be a minimum distance of five hundred (500) feet, shortest airline measurement, between the nearest points on any plot to be occupied for a church, playground, playfield, hospital, or school.

The minimum separation requirement of paragraphs (a) and (b) above may be modified and a lesser separation may be authorized and approved by the City Commission in specific cases where the City Commission finds such lesser separation will be proper and adequate for protection of public safety and welfare, and in accordance with the spirit and purpose of the Zoning District Regulations.

5.35.4. Clearances required:

Gasoline pumps shall be located not less than twelve (12) feet from any street line and not less than ten (10) feet from any other property line.

No gasoline pump shall be located within twenty-five (25) feet of any property which is within a residential district.

5.35.5. [Uses not permitted.] This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

5.35.5.[1]. Protective wall. There shall be a masonry wall or masonry fence of good quality and decorative design, which shall effectively screen against direct view and which shall be properly occupied as a service station. Such wall or fence shall be six (6) feet in height and shall be continuous and unpierced, except that on an alley line there may be a three-foot opening which is closed by a substantial gate when the opening is not in use. The above-described wall or fence shall not be required where the plot abuts non-residentially zoned property, provided a proper waste receptacle is maintained and used which effectively conceals refuse and rubbish from public view.

5.35.6. Driveways. There shall be not more than two (2) driveways or entrance and exit to a service station for each one hundred (100) feet or major fraction thereof, of plot frontage on any street. Driveways shall be not over forty-two (42) feet in width at the street line and there shall be at least ten (10) feet of landscaped area between any two (2) driveways. Measured along the street line, driveways shall be at least ten (10) feet from a private property line or alley line. On a corner plot, all driveways shall be at least twenty-five (25) feet from the intersection of the street lines or from the intersection of the street lines produced.

5.35.7. Lighting. All lights on a service station shall be so designed and arranged as to not a cause a direct glare into residentially zoned property or abutting streets.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 01O-01-05, § 6, 1-29-01; Ord. No. 06O-10-178, § 7, 11-13-06)

Editor's note— Formerly Schedule B, § 2, § 2, note (12).

5.36.1. Separation requirements.

A.

Category 1. A Special Residential Facility, Category 1 shall not be located within a radius of one thousand (1,000) feet of any other similar facility, any adult day care, any family day care home, or any large family day care home.

B.

Category 2. A Special Residential Facility, Category 2 shall be located at least five hundred (500) feet from any single-family residential property line and at least one thousand two hundred (1,200) feet from any other special residential facility, any family day care home, or any large family day care home.

C.

Category 3. A Special Residential Facility, Category 3 shall be located no closer than two thousand five hundred (2,500) feet from any other Special Residential Facility, Category 3, any family day care home, or any large family day care home.

D.

Measurement. The separation standard between and among uses shall be measured the shortest airline distance between and among the nearest points on the property line.

5.36.2. No Special Residential Facility, Category 3 use shall accommodate more than twelve (12) dwelling units per acre.

5.36.3. The design of all special residential facility parcels shall be residential in character and shall be in harmony with surrounding land uses, including structures, height, profile, building materials, colors and landscaping.

5.36.4. Special conformity provision. A Special Residential Facility, Category 3 use that was lawfully in existence before January 1, 1990, owned by an educational institution, and zoned residential multi-family at eighteen (18) dwelling units per acre (RM-18) district, and which under the terms of the Land Development Regulations, Schedule B and Schedule H would be a nonconforming use shall not be construed to be a nonconforming use but shall be construed to be and shall hereafter remain a legal conforming use.

[5.36.5—5.36.13. Reserved.]

5.36.14. Special conformity provision. A Special Residential Facility, Category 3 use that was lawfully in existence before January 1, 1990, owned by an educational institution, and zoned Residential Mufti-family at eighteen (18) dwelling units per acre (RM-18) district, and which under the terms of the Land Development Regulations, Schedule B and Schedule H would be a nonconforming use shall not be construed to be a nonconforming use but shall be construed to be and shall hereafter remain a legal conforming use.

(Ord. No. 01O-01-05, § 4, 1-29-01; Ord. No. 06O-01-104, § 1, 1-30-06; Ord. No. 06O-11-190, § 1, 12-11-06; Ord. No. 08O-08-135, §§ 1, 2, 9-8-08; Ord. No. 13O-01-103, § 5, 1-28-2013)

Editor's note— Formerly Schedule E, § 1.5.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 8, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

5.38.1. No accessory buildings used for industrial storage of hazardous, incendiary, noxious, or pernicious materials shall be located nearer than one hundred (100) feet from any property line.

5.38.2. Storage buildings, greenhouses, and the like shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines.

5.38.3. Storage and other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback from an abutting right-of-way.

5.38.4. Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

5.38.5. Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings, or other such uses.

5.38.6. Storage and other buildings regulated by this section shall comply with minimum fire requirements for such structure.

5.38.7. Storage and other buildings regulated by this section shall be anchored with a concrete slab and meet South Florida Building Code requirements for such structure.

5.38.8. When a storage shed is applied for in an RS-4, RS-5, RM-5, RM-8 or RM-10 zoning district and it does not meet the minimum setback requirements of paragraph 5.1.2.C., the following standards shall apply:

A.

One storage shed shall be permitted per principal building.

B.

Setbacks shall be a minimum of three (3) feet from the rear lot line and three (3) feet from the side lot line.

C.

Maximum dimensions of each shed shall be ten (10) feet by twelve (12) feet by eight (8) feet high.

D.

The shed shall be located in the rear or side yard and the yard must be enclosed by a six-foot high fence which conceals the view of the shed from off the property. A chain link fence may be used if a six-foot high continuous shrub is planted along the fence so that the shrub conceals the view of the shed from off the property.

E.

This subsection shall take precedence over any conflicting provision in Schedule C.

5.38.9. Storage on residential property.

A.

No building material or construction equipment shall be stored in any residential zoned district, except when incidental to currently ongoing construction operations for which a permit is in effect.

B.

Temporary storage containers. Temporary storage containers shall be allowed in any residential zoned areas as provided for herein.

1.

Permit required. Any person, whether natural or legal, with possession of real property shall file a permit application with the building division prior to the placement of any temporary storage container within any residential zoned area. The permit shall be valid for a period of seven (7) calendar days and a permit fee of one hundred fifty dollars ($150.00) shall be charged for such permit. Only one (1) permit shall be issued to the same person for the same property per calendar year, except as provided in paragraph 5.38.9(B)(3)(c) below.

2.

Permit extension allowed. The permit may be extended one (1) time only for an additional consecutive seven (7) calendar days upon the payment of a seventy-five dollar ($75.00) permit fee.

3.

Placement standards. The building division shall not issue a permit for the placement of a temporary storage container unless the person with possession of the real property makes the following assurances:

a.

That the container will be placed entirely within a paved area on private property. The placement on a portion of a sidewalk or swale within the public right-of-way is prohibited.

b.

That the container will be in good condition, free of rust and tightly sealed when not being loaded.

c.

That except for this permit or permit extension application, the person with possession of real property has not filed a subsequent permit or permit extension application for a temporary storage container for the same property in the same calendar year unless, however, the person can document that possession was not continuously held during the intervening period.

d.

That if the container will be placed within any multi-family zoned area, the person with possession provide a document from the owner or manager confirming the container will be placed within a designated paved area acceptable to the owner or manager.

4.

Enforcement; penalties. A code enforcement officer shall issue a notice of violation to any person in possession of real property who:

a.

Places a temporary storage container on residentially zoned property without first obtaining a permit from the building division. The violation may be remedied by paying a permit fee of fifty dollars ($50.00) for the initial seven-calendar day permit within three business days of receipt of the notice of violation. Failure to obtain the permit within three (3) business days of receiving the notice of violation shall result in the removal of the container and a lien against said real property for the cost of removal, any fines levied, plus a six (6) percent administrative fee.

b.

Violates any other provisions herein, other than paragraph 5.38.9.B.4.a above. The violation may be remedied by correcting the violations within three (3) business days after receipt of the notice of violation and paying a fifty dollar ($50.00) fine. Failure to comply in a timely fashion shall result in the removal of the container and a lien against said real property for the cost of removal, any fines levied, plus a six (6) percent administrative fee.

(Ord. No. 01O-01-07, § 3, 1-29-01; Ord. No. 03O-01-107, §§ 1, 2, 2-10-03; Ord. No. 18O-06-122, § 1, 6-25-2018)

Editor's note— Formerly Schedule N, § 7.1.1.3.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 9, 11-13-06)

Editor's note— Formerly Schedule B, § 2, note (12).

5.40.1. Applicability. This section shall apply to development orders and permits issued for all new swimming pool construction as a residential accessory use after August 26, 2002 and for all other new swimming pools after March 27, 1995. This section also shall apply to any swimming pools if a development order or permit is granted for improvements or repairs to the swimming pool, pool terrace, pool barrier or enclosure, pool accessories or pool clubhouse after the above specified dates. Notwithstanding the foregoing, all existing swimming pools granted a development order or permit before the above described dates are required to bring the property into compliance with the standards and requirements contained in the Land Development Regulations within eighteen (18) months of the date of the adoption of this Ordinance (i.e., by February 26, 2003).

5.40.2. Definitions. As used in this section, the term:

Accessory use means any swimming pool operated by a fraternal, social or civic organization, by a residential homeowners association, or by the resident of a three (3) or more multiple-family dwelling and that exists in conjunction with the principal use on the same lot, subject to the setback regulations stated in this section and in the district regulations.

Approved safety pool cover means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and materials in compliance with standard F1346-91.

Barrier means a fence, dwelling wall, or non-dwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier.

Medically frail elderly person means any person who is at least sixty-five (65) years of age and has a medical problem that affects balance, vision, or judgment, including, but not limited to, a heart condition, diabetes, or Alzheimer's disease or any related disorder.

Principal use means any swimming pool owned and operated by a governmental agency or a nonprofit agency, or operated as a commercial enterprise existing singularly or in combination with other commercial recreation uses on the same parcel of property subject to the district regulations of the applicable zoning district.

Residential accessory use means any swimming pool that exists in conjunction with a one (1) family dwelling unit, a two (2) family dwelling unit or a one-family townhouse of not more than three (3) stories.

Swimming pool means any structure that is intended for swimming or recreational bathing and contains water over twenty-four (24) inches deep, including, but not limited to, in-ground, above-ground, and on-ground swimming pools; hot tubs; and nonportable spas.

Young child means any person under the age of six (6) years.

5.40.3. Swimming pool safety features and access.

A.

Principal use. All swimming pools that are principal uses shall meet the following standards and requirements relating to pool safety features and access:

1.

The pool, and not the yard or outside perimeter of the property, shall be enclosed by a wall, fence or other structure constructed or installed so as to obstruct access by persons other than the owners or occupants of the premises on which that swimming pool is located. These obstructions shall not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the obstruction. These obstructions around a principal use shall not be less than six (6) feet in height.

2.

The primary access to a swimming pool shall be from the interior of a building or structure serving as a clubhouse or shower facility.

3.

Exterior access to a swimming pool must be through a self-closing and self-latching gate with latches placed at least four (4) feet above the underlying ground and operable from the interior of the swimming area only. The gate shall open outwardly away from the pool. The gate latch shall be placed so that a young child cannot reach it over the top or through any opening or gap.

B.

Accessory uses. All swimming pools that are accessory uses shall meet the applicable standards and requirements addressed herein.

1.

Residential accessory use. All swimming pools that are residential accessory uses shall meet at least one (1) of the following requirements relating to pool safety features and access:

a.

The pool must be isolated from access to a home by an enclosure that meets the pool barrier standards and requirements set forth in subsection 5.40.4;

b.

The pool must be equipped with an approved safety pool cover; or

c.

All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than fifty-four (54) inches above the floor.

2.

Other accessory use. All swimming pools that are not residential accessory uses shall meet the swimming pool standards and requirements for a swimming pool as a principal use, except that the height of the obstruction shall be at lease four (4) feet high as measured on the outside.

5.40.4. Swimming pool barrier standards and requirements for a residential accessory use.

A.

A swimming pool that is a residential accessory use shall have a barrier that includes all of the following characteristics:

1.

The barrier must be at least four (4) feet high on the outside;

2.

The barrier may not have any gaps, openings, indentation, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier;

3.

The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets that barrier requirements of this section; and

4.

The barrier must be placed sufficiently away from the water's edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.

B.

The structure of an above-ground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an above-ground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.

C.

Gates that provide access to swimming pools must be opened outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

D.

A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.

E.

A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.

5.40.5. Setbacks—Accessory use:

A.

All water-bearing wall surfaces of swimming pools shall be located within the following setback limitations:

1.

Twenty-five (25) feet from the front lot line on non-corner lots.

2.

On all corner lots, fifteen (15) feet from the side lot lines which abut and face the street.

B.

A swimming pool and appurtenant screen enclosure, of which ninety (90) percent shall be screen material, shall be permitted in any rear yard, provided that it is located at least five (5) feet from any rear yard, or side lot line. In addition, an existing swimming pool and deck that encroaches into the five (5) feet rear setback may be altered through the addition of a pool screen enclosure if the rear property line abuts a canal or lake right-of-way or easement. If the screen does not enclose a swimming pool, this provision shall not apply.

5.40.6. Drainage:

A.

If a patio is provided adjacent to or surrounding the swimming pool, it shall be designed so as to be self-draining away from the pool, but not on adjacent property.

B.

The draining of swimming pools or backflushing or both of the filtration system onto adjacent properties or public right-of-way is prohibited.

5.40.7. Maintenance:

A.

No person shall maintain, or shall cause to be maintained, a swimming pool in such a neglected state or condition as to promote any infestations which would cause a hazard to the health, safety and welfare of the surrounding residences and/or adjoining property owners. For the purposes of this section, infestations shall mean the presence of any destructive or disease-bearing insects or pests.

B.

Nor shall any person maintain a swimming pool in such a neglected state or condition so as to cause the emission of any foul-smelling odors to the surrounding residences and/or adjoining property owners.

C.

Excessive noise from swimming pool areas caused by malfunctioning and/or inoperative pool pumps or similar pool equipment are prohibited.

D.

The record owner of the property shall be responsible for maintenance under this section.

E.

Swimming pools shall have a fully operational and functional filtration system, to prevent swimming pools from becoming in a neglected state or condition as to promote any infestations or emissions of foul-smelling odors or both which would cause a hazard to the health, safety and welfare of the surrounding residences or adjoining property owners.

5.40.8. Other requirements.

A.

No provision of this section shall be construed to require that a swimming pool be built within an easement to a property.

B.

Swimming pools as a residential accessory use, terraces and pertinent equipment and accessories shall be constructed at least six (6) inches below the ground floor of any residence as measured by a horizontal line extending from the height of the ground floor.

(Ord. No. 01O-01-09, § 1, 1-29-01; Ord. No. 02O-07-143, §§ 1—12, 8-26-02; Ord. No. 04O-09-206, § 1, 9-27-04)

Editor's note— Formerly Schedule P.

5.41.1. Legislative Intent. This Ordinance's regulations and requirements are intended to:

A.

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

B.

Accommodate the growing need and demand for telecommunication services;

C.

Provide for the appropriate location and development of telecommunication facilities within the city;

D.

Recognize that the provision of telecommunication services may be an essential service within such future land use categories as may be provided for under the Comprehensive Plan, subject to the limitations set forth in this Ordinance;

E.

Minimize adverse visual effects of telecommunication facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

F.

Encourage the location and collocation of antennas on existing structures thereby minimizing new impacts and reducing the need for additional Antenna Support Structures; and

G.

Further the balance between the need to provide for certainty to the communications industry in the placement of telecommunication facilities and the need to provide certainty to the residents and citizens of the City of Lauderhill that the aesthetic integrity of the City of Lauderhill will be protected from the proliferation of unnecessary Antenna Support Structures.

5.41.2. Definitions and Acronyms.

A.

Accessory Equipment Building. Any building, cabinet or equipment enclosure constructed for the primary purpose of housing the electronics, backup power, power generators and other free standing equipment associated with the operation of Antennas.

B.

Alternative Site. One (1) or more separate locations within the Search Ring at which a Provider could place its Antenna to serve substantially all of the area intended to be served by the site requiring a special exception use permit. Alternative Sites include Existing Structures and those sites that meet the siting requirements set forth in paragraph 4.A.2. of this Ordinance.

C.

Antennas. Any apparatus designed for the transmitting or receiving or both of electromagnetic waves which includes but is not limited to telephonic, radio or television communications. Types of Antennas include, but are not limited to, whip antennas, panel antennas, dish antennas. As used herein the term Antenna includes all antennas integrated and used as a single unit, such as an antenna array. For purposes of this Ordinance, privately owned amateur radio and citizen band antennas shall not be considered antennas and shall not be regulated under this Ordinance.

D.

Antenna Support Structure. A facility that is constructed and designed primarily for the support of Antennas, which include the following types:

Guyed Tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself.

Lattice Tower. A tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross-section.

Monopole. A tower of a single pole design.

Camouflaged Structure. A structure designed to support Antenna and designed to blend into the existing surroundings.

Privately owned amateur radio and citizens band antennas support structures shall be exempt from this Ordinance.

E.

Collocation. When more than one (1) FCC licensed Provider uses an Antenna Support Structure to attach Antennas.

F.

Existing Structures. Any lawfully constructed man-made structure including but not limited to Antenna Support Structures, buildings, utility structures, light poles, clock towers, bell towers, steeples, water towers, and the like, which allow for the attachment of Antennas.

G.

FAA. The Federal Aviation Administration.

H.

FCC. The Federal Communications Commission.

I.

Provider. A FCC licensed communications company.

J.

Telecommunication Facilities. A facility that transmits or receives, or both, electromagnetic signals. It includes, but is not limited to: antennas, microwave dishes, horns, and other types of equipment for the transmission or reception of electromagnetic signals; antenna support structures or towers or similar structures supporting said equipment; accessory equipment buildings or containers; access road and parking; and other supporting uses.

K.

Temporary Antenna Support Facility. A facility that is designed and constructed to serve, on a temporary basis, as a means of supporting Antennas and is used typically to provide emergency wireless communications service or to provide wireless communications service to special events.

L.

Search Ring. A geographic area in which the Provider's Antenna is intended to be located to serve the Provider's coverage area.

5.41.3. The Application Process. This subsection describes the development permit application requirements for the siting of Antenna Support Structures and accessory equipment buildings, for the installation of antennas, and for operating the telecommunication facilities. It also provides for additional public notice procedures.

A.

Antenna Support Structure Application. A special exception use permit shall be required for the siting of Antenna Support Structures with associated accessory equipment buildings. In addition to the special exception uses application requirements set forth in the Land Development Regulations, Schedule E., Section 5., the following supplement information shall be filed along with the application:

1.

A plan showing the proposed site, landscaping and the elevation drawings of the Antenna Support Structure, the Accessory Equipment Building, and any appurtenant facilities, such as an access road.

2.

A letter of credit, performance bond, or other security acceptable to the City to cover the costs of the removal of the Antenna Support Structure, the Accessory Equipment Building, and the Antenna.

3.

If the proposed Antenna Support Structure site is not publicly-owned, then evidence as to the status of title, in form required by the City, to assure the City that all necessary owners, easement holders, tenants, and other interested parties have consented to the application.

4.

A report from a certified professional engineer which:

a.

Describes the Antenna Support Structure's height and design including a cross section and elevation.

b.

Documents the height above grade for all potential mounting positions for co-located Antennas and the minimum separation distances between Antennas.

c.

Describes the Antenna Support Structure's capacity, including the number and type of Antennas that it can accommodate.

d.

Documents what steps will be take to avoid interference with established public safety telecommunications.

e.

Includes an engineer's stamp and registration number.

f.

Includes other information necessary to evaluate the request.

5.

A written statement that addresses the following considerations:

Aesthetic considerations. A description of the design of the antenna support structure and a description of the design of the accessory equipment building with particular reference to design characteristics that have the effect of:

Reducing visual obtrusiveness; and

Protecting the urban design, scale, architectural character and visual continuity of the site and surrounding area.

Principal use. The nature of the site's principle use, with preference being given to the use of those sites:

That may serve as a focal point for the area; or

That are currently visually impacted by tall structures, utility facilities, light poles, or other similar improvements.

a.

Adjacent uses. Nature of the uses on adjacent and nearby properties and the proximity of the Antenna Support Structure to all adjacent land uses, with preference being given to those sites adjacent to non-residential uses.

b.

Trees and vegetation. On-site and surrounding tree coverage and foliage, with preference being given to those sites that are focal points or that can provide heavy vegetative screening of an Antenna Support Structure.

c.

Suitability. All Existing Structures and all alternative sites within the Search Ring shall be identified and their suitability for siting the antenna support structure based on the above four (4) considerations shall be addressed.

B.

Antenna Installation Application. A development permit application for the location or collocation of an antenna on an Antenna Support Structure shall require:

1.

Submittal of a site plan, which shall be subject to a minor review and the application shall be consistent with the standards set forth in the Land Development Regulations, Article II, Subsection 2.1.4.(B).

2.

A report from a certified professional engineer consistent with the requirements of Section 3.A.4. of this Ordinance.

3.

A certification that the antennas will be made continually compliant with all present and future promulgated safety laws, rules, and regulations concerning electromagnetic frequency emission standard for other communication media transmissions and shall acknowledge the City's ability to require immediate removal of any antenna that does not meet such safety standards. This certification shall be included as a condition of approval.

C.

Operation Applications. The following requirements are applicable:

1.

Before the introduction of new service or changes in existing service, Providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process.

2.

No new or existing telecommunications service shall interfere with public safety telecommunications or unreasonably interfere with the reception or transmission of television, radio, microwave, telephone, digital or similar communication signals or receipt of signals of nearby residential, commercial, or industrial areas.

3.

All applications for new service shall be accompanied by an intermodulation study that provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

As a condition of approval, the City may require a frequency relocation agreement.

The Provider shall indemnify the City for any adverse health effects associated with telecommunication facilities emissions, in the event that in the future it is proven, based on conclusive scientific research, that such emissions are harmful to humans.

D.

Public Notice Requirements. All publication and notice procedures for special exception use permits shall apply. Further, the following additional requirements shall apply for siting an Antenna Support Structure and Accessory Equipment Building:

1.

Legal Advertisement. The legal advertisement shall include a map that shows the site where the telecommunication facilities are proposed to be located and that shows the location of all the alternative sites.

2.

Mailed notice. Notice shall be provided to all residential areas within three hundred (300) feet of any alternative site.

5.41.4. Siting Preference Requirements. This subsection sets forth the siting preference requirements for Antenna Support Structure, Accessory Equipment Building, and Antenna.

A.

The Antenna Support Structure, Accessory Equipment Building, and Antenna shall be subject to the following siting preferences:

1.

Publicly-owned land or structures shall have preference over privately held lands.

[1].1.

Consistent with the Comprehensive Plan, Antenna Support Structures shall first be considered on lands designated Community Facility on the City's Future Land Use Map. If no adequate site is available, then preference shall be given to those lands designated Recreation and Open Space on the Future Land Use Map. If neither Community Facility nor Recreation and Open Space designated sites are appropriate, then preference shall be given to sites designated Utility. If no appropriate Utility designated site is available, then the preference is for lands designated Transportation, then Commercial, and finally Industrial.

2.

For the siting of an antenna support structure on private property, the minimum lot size shall be one (1) acre.

B.

Antennas. To encourage a reduction in the number of Antenna Support Structures that may be required to site antenna in order to meet the City's increasing demand for telecommunication service, preference shall be given to collocation.

5.41.5. General Requirements for All Antenna Support Structures.

A.

Antenna Support Structures shall be designed, constructed and used in compliance with all applicable laws, rules, standards and codes, which shall include Electronic and Technological Industry Association standards, as amended.

B.

Antenna Support Structures shall be sited and designed to serve as a focal point for the surrounding area. All Antenna Support Structures shall be camouflaged structures limited to clock towers, bell towers, church steeples, monuments and other artistic structures that create a visual identity or focal point for the area. A monopole (i.e., flagpole) is not an allowable camouflaged structure for any future construction. Previously existing monopole antenna support structure(s) in the annexed areas shall be permitted subject to the restrictions in Paragraph L.

C.

An Antenna Support Structure may be located on a zoning lot containing another principal use.

D.

Unless another section of this Ordinance indicates otherwise, the area within which the Antenna Support Structure is located shall be the area subject to the requirements of this section, rather than the entire zoning lot.

E.

Except for an Antenna Support Structure located on a freestanding house of worship and resembling a house of worship steeple or similar structure, Antenna Support Structures shall be set-back from the nearest residential area at least one times the height of the Antenna Support Structure. Notwithstanding, this setback standard shall not apply to existing antenna support structures located on property annexed into the City after January 1 ^st , 2005.

F.

Prior to the issuance of a building permit, evidence that the Antenna Support Structure is in compliance with the FAA and the Local Aviation Administration regulations shall be provided.

G.

No advertising shall be allowed on the Antenna Support Structure; however, a memorial sign may be added to the base of the Antenna Support Structure.

H.

No signals, lights, or illumination shall be permitted on the Antenna Support Structure, unless required by any federal, state or local agency, or such lighting or illumination is part of the design of a camouflage structure.

I.

The Antenna Support Structure's base (including guyed anchors where applicable) shall be enclosed within an opaque fence or wall eight (8) feet in height. This requirement may be waived by the City Commission for camouflaged Antenna Support Structures and for other Antenna Support Structures if it is made unclimbable up to a height of above twenty (20) feet.

J.

In addition to the applicable non-residential requirements in Schedule J, Land Development Regulations, a landscaped buffer shall be required around the perimeter fencing or wall of the Antenna Support Structure, including guy anchors, except that the standards may be waived by the City Commission when the landscaped buffer would not be visible from the adjacent lots or right-of-way or if the Antenna Support Structure is camouflaged. The landscaped buffer shall be located outside of and within ten (10) feet of the fence or wall and shall include one (1) tree for every twenty (20) linear feet of fence and suitable ground cover.

K.

The only signage that may be permanently attached to the fence or wall shall be for the purpose of identifying the party responsible for the operation and maintenance of the facility, its address, and telephone number, and security or safety signs.

L.

The maximum allowable height for any Antenna Support Structure shall be one hundred twenty-five (125) feet in height; however, an additional twenty-five (25) feet of height may be allowed if it is established by substantial competent evidence that the height increase reduces the need for an additional Antenna Support Structure. The currently existing monopole Antenna Support Structure located in the Broward Estates annexed area shall not be permitted to have any height increase, nor any change to its dimensions or exterior surface. The monopole must continue to display the American flag at all reasonable times.

M.

The Antenna Support Structure shall be designed to reduce, to the maximum extent feasible, the visual obtrusiveness caused by its height. Examples include the use of camouflaging and appropriately painted monopole designs.

N.

Mobile or immobile equipment not used in direct support of the telecommunication facility shall not be stored or parked on the site, unless repairs to the Antennas and related equipment and/or to the Antenna Support Structure are being made.

O.

A Temporary Antenna Support Facility may be used by a Provider in any zoning district for the purpose of providing temporary wireless service for special short term events such as political events, sporting events or entertainment events; to allow for modification, replacement, and/or repairs to a permanent facility; or as necessary to aid in post disaster relief efforts.

5.41.6. General Requirements For Accessory Equipment Building. Accessory Equipment Buildings used in conjunction with the operation and maintenance of Antennas shall be subject to the following requirements:

A.

Shall not exceed seven hundred fifty (750) square feet of gross floor area per Provider.

B.

If ground constructed or mounted, shall not exceed twenty (20) feet in height.

C.

Shall be located within close proximity, as is reasonably possible, to the structure upon which the Antennas are attached.

D.

If ground constructed or mounted, shall meet the underlying zoning district setback requirements for accessory structures.

E.

Shall be designed, constructed, and installed in compliance with all applicable building codes, standards and all applicable laws and rules. If prefabricated, shall be certified by the State of Florida under all applicable state laws.

F.

Shall be of a scale, material and color which matches the exterior of the Existing Structure, if any, where the Antennas are located.

G.

If ground constructed or mounted, shall be enclosed within an opaque fence or wall not to exceed six (6) feet in height, unless camouflaging makes it unnecessary.

H.

If ground constructed or mounted, shall meet the landscaping requirements of Section 5.1 of this Ordinance, unless camouflaging makes it unnecessary.

I.

Occupancy of any telecommunication facility is prohibited.

5.41.7. Substantive Review Criteria. In addition to the requirements set forth in the Land Development Regulations, Schedule E, Subsection 3.(5), the City Commission, when determining whether to grant a special exception use permit for the siting of an Antenna Support Structure, Accessory Equipment Building, other accessory uses, and antenna, shall consider the following factors:

A.

Aesthetic Impact. Aesthetic Impact shall take into consideration, but not be limited to, the design of the camouflaged antenna support structure and accessory equipment building, the amount of the Antenna Support Structure or antenna that can be viewed from surrounding residential zones in conjunction with the Antenna Support Structure's proximity (distance) to the residential zone, mitigation, landscaping or intervening visual buffers, existing character of surrounding area, or other visual options proposed by the applicant.

B.

Compatibility. Compatibility shall take into consideration the degree to which an Antenna Support Structure is designed and located to be compatible with the nature and character of other land uses and with the environment within which the Antenna Support Structure proposes to locate. The Antenna Support Structure may be placed or designed to assist with mitigating the overall aesthetic impact of an Antenna Support Structure.

C.

Availability of Alternative Sites. This means whether there is a suitable and available Alternative Site. The Applicant has the burden of going forward to show that no suitable alternative site is available.

Should the special exception use permit be denied, the City Attorney shall set forth in writing the findings of fact and conclusions of law upon which the denial is based, and a copy of the written document shall be filed with the City Clerk.

5.41.8. Telecommunication Facilities Inspections.

A.

The Antenna Support Structure owner or owners shall submit to the City's Engineering Inspector an inspection report certifying structural and electrical integrity on the following schedule:

1.

Monopole at least once every five (5) years.

2.

Lattice at least once every two (2) years.

3.

Guyed at least once every two (2) years.

4.

Camouflaged at least once every five (5) years.

[B.]

An engineer licensed to practice in the State of Florida shall conduct inspections. The inspection's findings and conclusions shall be provided to the City's Fire Prevention and Building Division. Based upon the findings and conclusions, the Building Official may require the Antenna Support Structure to be repaired or removed.

[C.]

The Fire Prevention and Building Division may conduct periodic inspections of Antenna Support Structures to ensure structural and electrical integrity. The Antenna Support Structure owner or owners may be required to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the Antenna Support Structure is jeopardized.

5.41.9. Removal of Antenna Support Structures.

A.

At time of building permit the applicant shall enter into a contractually enforceable agreement with the City that requires the applicant or the owner of the Antenna Support Structure to remove the Antenna Support Structure upon its abandonment.

B.

In the event all legally approved use of any Antenna Support Structure has been discontinued for a period of one hundred eighty (180) consecutive days, the Antenna Support Structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Planning and Zoning Board who shall have the right to request documents and affidavits from the Antenna Support Structure owner regarding the issue of Antenna Support Structure usage.

C.

At such time as the Planning and Zoning Board reasonably determines that an Antenna Support Structure is abandoned, the Planning and Zoning Board shall provide the Antenna Support Structure owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within sixty (60) days of receipt of such notice, shall constitute prima facie evidence that the Antenna Support Structure has been abandoned.

D.

If the owner of the Antenna Support Structure fails to respond or fails to demonstrate that the Antenna Support Structure is not abandoned, the Antenna Support Structure shall be considered Abandoned and the owner of the Antenna Support Structure shall have an additional one hundred twenty (120) days within which to: (i) reactivate the use of the Antenna Support Structure or transfer of the Antenna support Structure to another owner who makes actual use of the Antenna Support Structure within the one hundred twenty-day period, or (ii) dismantle and remove the Antenna Support Structure. At the earlier of one hundred twenty-one (121) days from the date of Abandonment without reactivation or upon completion of dismantling the removal, any special exception approval for the Antenna Support Structure shall automatically expire.

E.

The City may cause the removal of an existing Antenna Support Structure in order to allow for a substituted Antenna Support Structure that can accommodate more Antennas. The Provider requesting the substituted Antenna Support Structure shall bear all costs associated with removal and substitution of the structure and all other necessary telecommunication facilities. The Provider also shall provide, to the maximum extent feasible, for no interruption in existing telecommunication provider services.

5.41.10. Nonconforming Antenna Support Structures; Replacements and Modifications of Existing Structures. To encourage the use of sites that already have an Existing Structure that creates a visual or height impact, modifications to or replacement of such facilities may occur subject to the following conditions:

A.

Non-conforming Antenna Support Structures. All Antenna Support Structures legally installed at the time of initial construction, which, because of changes to the Land Development Regulation, no longer conform to the requirements of the Land Development Regulations, shall be considered non-conforming uses. Such facilities may be used or repaired and, may be replaced or modified in accordance with this Section.

B.

Ten-Year amortization. Existing guyed, lattice and monopole Antenna Support Structures are non-conforming uses and shall be considered abandoned structures as of ten (10) years from the effective date of this Ordinance, except that for antenna support structures annexed into the City, the effective date is the date of annexation. Notwithstanding the foregoing, the existing flag monopole located in the Broward Estates area shall be permitted to remain so long as its height is not increased, the exterior and its dimensions remain unchanged, and the American flag continues to be displayed at all reasonable times. The owner shall bear the costs associated with removing the Antenna Support Structure and other telecommunication facilities. The owner may replace the Antenna Support Structure with a camouflaged Antenna Support Structure consistent with the requirements in this Ordinance. The City shall waive the special exception use application and site development plan application permit fees for non-conforming Antenna Support Structures that are replaced with camouflaged Antenna Support Structure.

C.

Modification or Replacement of Existing Structures to Accommodate Collocation.

1.

Modification or Replacement of Existing Antenna Support Structures. An existing Antenna Support Structure may be modified or replaced to accommodate the collocation of Antenna(s) as follows:

a.

Antenna Support Structures which, when modified or replaced, will conform to the requirements of the Code, may be increased in height, one (1) time, up to an additional twenty-five (25) feet; provided the height does not exceed one hundred fifty (150) feet, except for the flagpole monopole located in the Broward Estates annexed area which cannot be increased in height.

b.

Antenna Support Structures which, when modified or replaced, will not conform to the Land Development Regulation, may be modified only once and may not increase in height.

c.

After the Antenna Support Structure is replaced, as provided herein, the existing Antenna Support Structure shall be removed within ninety (90) days.

d.

An Antenna Support Structure which is modified or replaced to accommodate the collocation of additional Antenna(s) shall a camouflaged Antenna Support Structure.

2.

Utilization of Existing Structures, Other Than Antenna Support Structures. An Existing Structure, other than an Antenna Support Structure, may be modified or replaced to accommodate both its prior function and Antenna(s) as follows:

a.

Such Existing Structures which, when modified or replaced, will conform to the Land Development Regulations requirements for the modified or replaced Existing Structure and the Antenna Support Structures.

b.

The modified or relocated pole-type structure shall comply with all applicable FCC and FAA regulations and applicable building codes.

(Ord. No. 01O-01-05, § 13, 1-29-01; Ord. No. 08O-08-136, §§ 1, 2, 9-8-08)

Editor's note— Formerly Schedule E, § 5.

This land use is prohibited in the General Commercial zoning district if the land use is located on property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, and RM-22 zoning districts or that abuts a water body zoned PO district and if the land use is located on property with a depth equal to or less than three hundred fifty (350) feet. This land use also is prohibited in the General Commercial zoning district if the land use is located on property where the front or rear property lines are three hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-18, or RM-22 districts.

(Ord. No. 01O-01-03, § 12, 1-29-01; Ord. No. 06O-10-178, § 10, 11-13-06; Ord. No. 15O-08-129, § 6, 9-11-2015)

Editor's note— Formerly Schedule B, § 2, note (12).

Wherever vehicular entrances and exits are involved, the number, size and distance apart of entrances and exits and the specific design thereof shall comply with the established standards and requirements of the Florida Department of Transportation where a State or Federal highway is affected, and with the standards and requirements of the City of Lauderhill engineer in the case of City roads or local streets. Where both State and City roads are involved, the higher standard shall apply.

(Ord. No. 01O-01-05, § 3, 1-29-01)

Editor's note— Formerly Schedule E, § 1.3.

5.44.1. All welding activities shall be conducted primarily indoors.

5.44.2. All welding activities shall be in conformance with Florida Building Code standards and requirements.

(Ord. No. 03O-07-170, § 1, 8-25-03)

5.45.1. Helipad. (Reserved)

5.45.2. Heliport. (Reserved)

(Ord. No. 04O-07-150, §§ 1—3, 8-30-04)

5.46.1. Bus stop location selection. The spacing, location and design of bus stops, including bus transfer stations, influence transit system performance and ridership. Bus stops should utilize sites which maximize transit efficiency, encourage safe pedestrian crossings, offer proximity to activity centers, minimize disruption to other street traffic and abutting property owners, satisfy general spacing requirements, and provide convenient connections to other transportation modes.

(a)

Special permit required. It shall be unlawful to site or locate any bus stop, re-locate any existing bus stop location, or add or replace transit amenities without prior receipt of a special permit.

(b)

Application requirements. A special permit application and review fee of one thousand dollars ($1,000.00) per bus stop, shall be filed with the Planning and Zoning Division. The Planning and Zoning Division is authorized to prepare and, upon City Attorney approval, adopt a special permit application form for the location and relocation of bus stop locations. The application shall, to the extent possible, address the review criteria identified in Paragraph 5.46.1.(c) below and shall be submitted to the Planning and Zoning Board for approval.

(c)

Review criteria. The following four criteria shall be considered in determining whether a special permit for a bus stop shall be granted:

1.

Access.

a.

Proximity to major trip generators.

b.

Availability of sidewalks, crosswalks and curb ramps.

c.

Connection to nearby pedestrian circulation system.

d.

American with Disability Act accessibility.

e.

Convenient passenger transfer to other routes.

f.

Provide bike land connectivity to local roadways and provide bike racks at the bus stop.

g.

Provide clean and clear landing paths from bus to platform.

2.

Traffic and safety.

a.

Conflict between buses and other traffic.

b.

Passenger protection from passing traffic including siting stops near intersections and installing signage, barriers or other pedestrian control elements to minimize conflicts between automobile traffic and bus-related pedestrians.

c.

Availability of all weather surface to step on and off the bus.

d.

Open and lighted spaces for personal security and passenger illumination.

e.

Street and sidewalk illumination.

f.

Fencing, limited access, and up to requiring full-time police presence for transfer stations or bus stops that generate significant traffic that impedes upon neighboring residents or businesses.

g.

Improve and maintain median with landscaping and fencing as needed for five hundred (500) feet each side of bus stop in order to minimize jaywalking.

h.

Provide trash receptacles and plan for timely removal and cleaning of bus stops.

3.

Compatibility.

a.

Public or private property.

b.

Abutting and proximate land uses.

c.

Proposed transit amenities.

4.

Bus stop spacing range.

a.

State Road 7: Three hundred thirty (330)—One thousand (1,000) feet.

b.

Other arterial roadways: Six hundred fifty (650)—One thousand three hundred (1,300) feet.

c.

Collector roadways: Seven hundred forty (740)—Two thousand three hundred (2,300) feet.

d.

Local streets: As needed.

Other than the placement of a bus sign, the siting of transit stop amenities within a residential single-family zoning district is highly discouraged.

(Ord. No. 08O-01-100, §§ 1, 2, 1-28-08; Ord. No. 16O-01-101, § 2, 2-8-2016)

1.

Permitted uses.

2.

Prohibited uses.

a.

Public (i.e., other than invitation) tours of the studio property.

b.

Retail uses open to the public other than those permitted above.

c.

Commercial office uses other than those permitted above.

3.

Permanent parking.

a.

Studio office use. At least three (3) spaces per one thousand (1,000) gross square feet.

b.

Studio production/post production use, support use, and ancillary use facilities. At least 1.6 spaces per one thousand (1,000) gross square feet.

4.

Temporary parking. Off-site temporary parking may be allowed by special permit. Off-street parking requirements for off-site temporary parking, including striping and landscaping, need not be met, but the parking area must be designated on a site plan so as not to impede flow of emergency vehicles. Temporary parking areas shall be located within six hundred (600) linear feet of the studio property as measured by the shortest airline distance between or among the nearest point on the respective property lines. If located more than six hundred (600) feet away from the studio property, however, then a traffic demand management implementation plan shall be provided. Such plan shall address marketing and education measures, on-site services enhancements, studio property facility improvements, service operation and alternative work arrangements. See Schedule V., Transportation Demand Management Implementation Plan Elements.

(Ord. No. 09O-07-132, § 8, 8-31-09)

5.48.1. Application filing requirements. In addition to the filing requirements for special exception use applications, the following additional information shall be provided for any proposed charter or private primary and secondary school.

A.

Timing. In order to allow sufficient time to secure required development order, building permit, and business license approval, a special exception use application and fee must be filed with the Planning and Zoning Office at least nine (9) months before the start of the school year. This time requirement is not waivable.

B.

Charter/accreditation. If a charter school, a copy of the School Board approved charter application and the charter agreement between the sponsor and the applicant shall be filed along with the application. If a private school, either a copy of approval from the applicable accrediting agency or a letter of acknowledgement that an application for accreditation has been filed.

C.

Organizational structure. An organizational chart and explanation showing the hierarchical arrangement of lines of authority, communications, right and duties of the school organization.

D.

Affidavit. A list of the governing board members/Board of Directors, Officers, Administrators and all individuals with a financial interest in the school that will interact with students, along with affidavits from each stating whether or not that person was convicted of a crime within the last ten (10) years.

E.

Financial responsibility. Evidence of financial responsibility, including at a minimum:

1.

A one-year pro-forma statement showing revenues, expenditures, and net profit or loss;

2.

A bank account demonstrating sufficient financial resources to operate the facility for one (1) year;

3.

A two hundred fifty thousand dollar ($250,000.00) surety bond or other type of credit, and

4.

The name, education, experience and qualifications of the person charged with financial management.

F.

Prior history. Evidence of any prior history of financial interest, ownership, management, or operation of a charter or private school, including its financial and educational success or failure.

G.

Prior jobs. Evidence of past job and education experience showing that the Governing Board/Board of Directors, Officers, Administrators, its employees and any consultants (e.g., internal auditor, management company) are qualified to operate the school.

H.

Use. Evidence of legal use of the property in question by applicant through a deed, contract or option to purchase or lease.

I.

Emergency management plan. A conceptual site plan showing where the students would congregate in the event of a fire. In addition, if a disaster should render the building uninhabitable, a plan showing how students would be accommodated elsewhere until the building is repaired and made habitable.

J.

Ingress/Egress. A conceptual site plan showing the ingress and egress of pedestrians and all vehicles from the school site, and safety features necessary to protect the students on and within one thousand (1,000) lineal feet of the school site boundaries and a narrative explaining how student safety and off-premises private property rights will be assured at least thirty (30) minutes before and at least forty-five (45) minutes after the school hours of operation.

K.

Other. Any other documentation or requirements that the Planning and Zoning Office deems relevant to the operation of such use or safety of the students or both.

5.48.2. Site requirements. The following minimum standards shall apply:

A.

Separation standard. Public, charter, and private primary and secondary schools shall be separated between and among each other by a minimum distance of one thousand (1,000) lineal feet between as measured by the nearest point on any plots to be occupied by such land uses.

B.

Lot size. The plot shall have a minimum size of one (1) acre.

C.

Building requirements. If located on property with a single building, the school must occupy the entire freestanding building. If located within a shopping center or office building, the school may not occupy a ground floor; however, existing schools occupying a ground floor shall be considered a legal, nonconforming use subject to the nonconforming use provisions in Schedule H.

D.

Barrier. If the site abuts a canal or other water body, a minimum eight (8) feet high fence shall be installed along the property line abutting the water body in order to protect the students.

E.

Site plan requirements. A Certificate of Use shall not be issued until a site plan or site plan modification is approved consistent with these Land Development Regulations and consistent with the State Requirements for Educational Facilities (SREF) 2014 (or latest edition), as stated in the Florida Administrative Code. The Planning and Zoning Official may grant relief from these requirements under Article IV., Part 3.0., Sections 3.3 and 3.4 or based upon good cause. In addition, if the application is for a charter school, a copy of the site plan or site plan modification shall be provided to the School Board of Broward County, Florida staff for conformance with the applicable SREF.

F.

Off-site improvements. If through the site plan or site plan modification process the City Engineer, Broward County or state transportation related agencies deem that off-site improvements are required, such as traffic signalization, signage, pedestrian and bicycle improvements, transit amenities, school crossings and zones, and turning lanes, such improvements and amenities must be constructed and approved before a Certificate of Use can be issued. At a minimum, the following factors shall be considered in determining the extent of the off-site improvements:

1.

Whether the roadways provide adequate access and areas for safe bicycling and walking to the site; and

2.

Whether median cuts, left and right turning lanes and storage lanes are available to facilitate access of buses, teachers, parents, students, and services; and

3.

Whether school zone flasher installations are available in order to facilitate safe pedestrian access to the site; and

4.

Whether the school site is connected to existing or planned residential developments by sidewalks, walkways, and crosswalks in order to facilitate safe pedestrian movement.

5.48.3. Physical environment requirements.

A.

Indoor space. All schools must have a minimum amount of usable indoor floor space for each student. Usable indoor floor space refers to space that is available for classrooms and shall be measured at floor level from interior walls. It does not include hallways and stairways, restroom facilities, kitchens, and offices. A floor plan shall be provided showing the following minimums per occupant:

1.

Classrooms: Forty-four (44) net square feet for primary schools and thirty-two (32) net square feet for secondary schools;

2.

Dining area (excluding kitchen and storage area): Forty (40) net square feet and twenty-five (25) percent school capacity, but a phasing plan based on ten-day enrollment may be provided until capacity is reached;

3.

Administrative offices: One hundred (100) net square feet;

Additional space shall be provided for all other functions based upon the Florida Building Code or Fire Safety Code.

B.

Outdoor space. A minimum forty-five (45) square feet of outdoor space shall be provided per student. Such space preferably shall be located on-site.

C.

Drop-off/pick-up area. A student drop-off and pick-up area shall be depicted on the site plan, which area shall be consistent with the "Safe Routes to School Guide, Student Drop-off and Pick-up", which guide was developed by the Pedestrian and Bicycle Information Center.

5.48.4. Other requirements.

A.

General liability. The owner or director of any school shall annually provide proof that said school has obtained and will continue in effect a comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000.00) for bodily injury and property damage and shall name the City of Lauderhill as an additional insured. Proof of such insurance policy shall be provided to the Finance Department in conjunction with the filing of the local business tax receipt application. Said owner or director shall also provide the Finance Department thirty (30) days prior notice of the expiration or cancellation of said insurance policy.

B.

Transportation. If transportation services are provided, the following requirements shall apply:

1.

The transportation services requirements specified in the Florida Administrative Code as may be amended from time-to-time.

2.

Annually provide proof that said use has obtained and will continue in effect a comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000.00) for bodily injury and property damage. Proof of such insurance policy shall be provided to the Finance Department in conjunction with the filing of the local business tax receipt application. Said owner or director shall also provide the Finance Department thirty (30) days prior notice of the expiration or cancellation of said insurance policy.

C.

School crossing guards. Charter and private schools are required to and shall provide at their own expense school crossing guards that have been trained by certified instructors.

5.48.5. Exemption. A private primary or secondary school with twenty-five (25) students or less shall be exempt from:

A.

Paragraphs 5.48.1.B. and E;

B.

Paragraph 5.48.2.A. and C;

C.

Paragraph 5.48.3.A and B,

and shall be allowed as a permitted use in the General Commercial (CG) zoning district.

5.48.6. Existing schools. Existing schools that do not meet the above-described requirements shall comply with the requirements as follows:

A.

Starting on Fiscal Year 2017-2018, which begins October 1, 2017, existing schools shall have submitted a site plan modification application in order to ensure compliance with the emergency management, ingress/egress, and site plan requirements. A site plan modification development order must be secured by September 30, 2018; otherwise, a local business tax receipt will not be issued.

B.

Starting on Fiscal Year 2017-2018, which begins October 1, 2017, existing schools shall comply with the insurance requirements.

5.48.7. Revocation. If the City's Police Department records more than five (5) incidents regarding noise, loitering, parking or criminal activity, either from observation by police officers or verified from complaints by three (3) or more unrelated individuals, within the school year, the matter may be brought before the City Commission in order to determine whether the local business tax receipt and/or certificate of use should be revoked, suspended or modified.

(Ord. No. 15O-05-118, § 1, 6-8-2015)

5.49.1. Separation standard. There shall be a minimum one thousand (1,000) feet separation standard between a tobacco store and any other tobacco store, any private or public primary or secondary school, and any public park. For cigar bars/hookah lounges this section 5.49.1 does not apply.

5.49.2. Warning labels. At least thirty (30) percent of any entry door shall be covered with the following language: "SURGEON GENERAL WARNING: Tobacco Smoke Increases The Risk Of Lung Cancer and Heart Disease, and Tobacco Use Increases The Risk Of Infertility, Stillbirth, and Low Birth Weight."

5.49.3. Visibility. It is prohibited to display smoking pipes, smoking devices, drug paraphernalia or images thereof, on any window or within any window display area.

5.49.4. Signs. Dynamic display window signs are prohibited.

5.49.5. Smoking pipes and smoking devices. If the tobacco store inventory includes smoking pipes and smoking devices, then at least seventy-five (75) percent of its quarterly gross revenues must be derived from the retail sale of cigarettes, cigars, and other tobacco products or no more than twenty-five (25) percent of its quarterly gross revenues can be derived from the retail sale of smoking pipes and smoking devices as is defined in LDR Article I., Part 1.0., Section 1.5., Definitions, General. Any establishment that derives more than 25 percent of its quarterly gross revenues from the retail sale of smoking pipes and smoking devices is a prohibited use.

A.

Certificate of use. A retail tobacco products dealer permit under Section 569.003, Florida Statutes, and an inventory of all goods to be sold on premises, as well as the number of each good and their value and total value shall be filed with the Certificate of Use (COU) application. The value of the inventory of smoking pipes, smoking devices, drug paraphernalia and scales, shall not exceed fifty (50) percent of the value of the inventory of tobacco products and its accessories, including lighters, butane, scents, candles, and similar products.

B.

Quarterly reporting. Upon receipt of a COU and a LBTR, the tobacco store shall provide quarterly sales report to demonstrate compliance with this section. Failure to provide the quarterly report within forty-five (45) days of the end of the quarter is a violation that may result in a fine. Should the quarterly report demonstrate non-conformance with this Section, the City may undertake the suspension or revocation of the COU and LBTR consistent with the Code of Ordinances.

5.49.6. Amortization. Any existing tobacco stores that are not in conformance with the separation standard in subsection 5.48.1 are considered legal, nonconforming uses. Any existing tobacco store that is not in conformance with the requirements of Subsections 5.48.2, 5.48.3., and 5.48.4 shall have until December 31, 2015, to comply with these requirements.

(Ord. No. 15O-06-124, § 2, 7-13-2015; Ord. No. 23O-10-136, § 2, 11-13-2023)

Editor's note— Ord. No. 15O-06-124, § 2, adopted July 13, 2015, set out provisions intended for use as Art. III, § 5.48. To prevent duplicate section numbering, and at the editor's discretion, these provisions have been included as Art. III, § 5.49.

A.

Medical marijuana health care establishment. A medical marijuana health care establishment shall comply with the following standards:

1.

A medical marijuana health care establishment shall comply with all of the use specific standards for a medical office listed in Section 5.28.1, Offices, medical.

2.

On-site dispensing of medical marijuana is prohibited.

B.

Medical marijuana dispensing center. A medical marijuana dispensing center shall comply with the following standards where permitted:

1.

Dispensing of medical marijuana shall only be permitted in accordance with the requirements of this article and the applicable zoning district. Dispensing of medical marijuana shall be permitted in the CG, Commercial General and CC Community Commercial, zoning districts.

2.

Separation standard. This term shall be interpreted and applied as is provided for in LDR Article I, Section 1.5.

a.

There shall be a one-half (½) mile separation between each medical marijuana dispensing facility and any pain management clinic regardless of City jurisdictional boundaries.

b.

There shall be a one-half (½) mile separation between each medical marijuana dispensing center regardless of City jurisdictional boundaries.

c.

No medical marijuana dispensing facility shall be located within a five-hundred (500) foot radius of a public or private elementary school, middle school, or secondary school, except under the process set forth in state law.

d.

A certified survey from a land surveyor registered in the State of Florida displaying the distance in linear feet between a medical marijuana dispensing center and a pain management clinic or between medical marijuana dispensing centers shall be submitted with a zoning verification request and fee in order to establish compliance with this section.

3.

Structure and lot requirement. A medical marijuana dispensing center shall be exempted from the separation standard if:

a.

It is located in a freestanding building with a single tenant on a separately platted lot or lots; and

b.

The building has a minimum floor area of two thousand five hundred (2,500) square feet.

4.

Dispensing of, payment for, and receipt of medical marijuana is prohibited anywhere outside of the dispensing center, including, but not limited to, on sidewalks, in parking areas, or in the rights-of-way surrounding the dispensing center; provided, however, this provision shall not be construed to prohibit delivery of medical marijuana to an eligible patient, as permitted by state law or rule.

5.

Consumption of medical marijuana is prohibited onsite at the dispensing center, including, but not limited to, in the parking areas, sidewalks, or rights-of-way surrounding the dispensing center.

6.

Centers dispensing medical marijuana shall only be allowed to operate between the hours of 7:00 a.m. and 9:00 p.m. daily, as provided by Section 381.986, Florida Statutes.

7.

No certificate of use, license, or building or other permit shall be issued for a medical marijuana dispensing center where the proposed place of business does not conform to the requirements of this subsection.

8.

Medical marijuana dispensing center uses must comply with the provisions of section 381.986, Florida Statutes.

(Ord. No. 18O-04-109, § 3, 5-14-2018; Ord. No. 25O-02-107, § 2, 5-12-2025)

Ventilation—Uses shall meet the mechanical code ventilation requirements for smoking lounges contained in the Florida Building Code.

(Ord. No. 23O-10-136, § 3, 11-13-2023)

Editor's note— Ord. No. 19O-07-112, § 1, adopted Aug. 26, 2019, repealed § 5.51, which pertained to medical marijuana dispensing centers and derived from Ord. No. 18O-04-109, § 4, adopted May 14, 2018; and Ord. No. 19O-04-105, § 1, adopted April 29, 2019.

5.52.1.Definition. A retail sales use with a floor area less than Twelve thousand (12,000) square feet that offer for sale a combination and variety of convenience shopping goods and consumer shopping goods: and continuously offer a majority of the items in their inventory for sale at a price less than ten dollars ($10.00).

5.52.2. Separation requirements: A small box discount store/dollar store is only allowed in the General Commercial Zoning District. A small box discount store/dollar store shall be located a minimum one-mile radius from any other a small box discount store/dollar store as measured by the shortest airline distance between the nearest points on the plots where a small box discount store/dollar store is located or proposed to be located.

(Ord. No. 19O-08-117, § 1, 9-12-2019)

5.53.1. Definition. Any establishment open to the general public wherein one (1) or more items of secondhand domestic articles are sold, such as clothing, shoes, furniture and other assorted items, the value of which is a fraction of the original cost. The following conditions apply to all such thrift stores:

1.

Thrift stores shall have one (1) designated donation off area. The donation area shall be located at the rea of the store and not visible from the public right of way and or located entirely inside the thrift store. Donations can only be accepted at the designated donation areas.

2.

Donation boxes or containers located outside the building are prohibited.

3.

Merchandise or donations left outside are strictly prohibited.

4.

The outdoor display and/or sale of merchandise is strictly prohibited.

5.53.2. Separation requirements. A thrift store/second-hand stores is only allowed in the General Commercial Zoning District. A thrift store/second-hand store shall be located a minimum one-mile radius from any other thrift store/second-hand store as measured by the shortest airline distance between the nearest points on the plots where a thrift store/second-hand store is located or proposed to be located.

(Ord. No. 19O-08-117, § 1, 9-12-2019)

5.54.1. All pre-existing golf course and golf driving range uses within the CR and S-1 zoning districts shall be required to conduct environmental activities necessary to investigate and remediate any pre-existing environmental conditions on the property at the time said use ceases to be operational as a golf course or golf driving range. A "no further action" determination or clearance documentation in related to such development from Broward County's Environmental and Consumer Protection Division shall be submitted to the Planning and Zoning Department within six (6) months from date of vacancy by property owner.

(Ord. No. 20O-02-108, § 2, 2-24-2020)

5.55.1 Definition. A facility where goods or products are stored on-site temporarily for the purpose of delivery to a consumer. Such facilities may store refrigerated goods, and may include office space and a process area to be used by employees for sorting and packaging goods for delivery from available, on-site inventory. The delivery and sale of alcohol and tabaco products shall require proper licensing from the Florida Division of Alcoholic Beverages and Tobacco and shall be for off-premises consumption only. The delivery and sale of medical marijuana shall be prohibited.

5.55.2 Development standards.

A.

Arts and Entertainment Overlay District.

1.

Distribution and fulfillment centers are a permitted use within the Arts and Entertainment overlay.

2.

The maximum allowable size shall be limited to ten thousand (10,000) square feet.

3.

Hours of operation are permitted twenty-four (24) hours Monday—Sunday.

4.

Outdoor storage of inventory is prohibited.

B.

Commercial, Warehouse (CW) District.

1.

Distribution and fulfillment centers are allowed by process of special exception within the Commercial, Warehouse (CW) District.

2.

Hours of operation shall be reviewed and approved by the City Commission.

3.

The following documentation shall be submitted as part of a special exception application for review:

a.

Parking study.

b.

Traffic study.

c.

Delivery and route schedule.

4.

Outdoor storage of inventory is prohibited.

C.

Industrial, Light (IL) District.

1.

Distribution and fulfillment centers are allowed by process of special exception within the Commercial, Warehouse (CW) District.

2.

Hours of operation shall be reviewed and approved by the City Commission.

3.

The following documentation shall be submitted as part of a special exception application for review:

a.

Parking study.

b.

Traffic study.

c.

Delivery and route schedule.

4.

Outdoor storage of inventory is prohibited.

(Ord. No. 20O-08-122, § 1, 9-29-2020)

Live/work unit: A residential dwelling unit that includes flex space which may be used to be used as either a commercial or office use, limited to fifty (50) percent maximum of the residential unit area, to operate in accordance with the regulations outlined in Section 12-9 of the Code. In addition to the regulations outlined in Section 12-9 of the Code, the following shall apply to live/work units:

A.

Both the non-residential and the residential uses in the live/work unit shall be occupied by a common owner or tenant.

B.

Said units shall be located on the ground floor of any multifamily building in which such use is permitted.

C.

Parking for the live/work unit shall be in accordance with the residential parking requirements of the applicable residential zoning district.

D.

Medical or medical related offices of any type shall not be permitted in said units.

E.

Live/work units shall be a permitted, use within the RM-40 zoning district.

F.

Notwithstanding any other sections of the Code to the contrary, garage sales shall not be permitted in live/work units.

G.

A master sign program shall be submitted for all commercial and live-work signage to be reviewed and approved by the Planning and Zoning Division.

(Ord. No. 21O-01-100, § 2, 1-25-2021)

A.

Mobile vendor shall operate only on private property within a residential zoning district and parked in a legal parking space not blocking the public right-of-way. Shall operate on commercially zoned property only with an approved special permit, special event permit, or promotional license. The sale of alcohol or tabacco and/or complementary alcohol or tabacco shall be prohibited.

B.

Mobile food vendor shall operate on residentially zoned or, commercial zoned property only with an approved special permit, special event permit, or promotional license. The sale of alcohol or tabacco and/or complementary alcohol or tabacco shall be regulated by the State of Florida Division of Alcoholic Beverages and Tobacco.

C.

Ice cream vendor shall be considered any vendor operating from a vehicle which sells, or offers for sale, at least ninety (90) percent of its inventory consisting solely of ice cream products or related frozen dessert products, as more particularly defined in Florida Statutes Chapter 503, as may be amended from time to time, and offers for sale no more than ten (10) percent of other prepackaged products or goods which are nonice cream or nonrelated frozen dessert products

(Ord. 21O-03-108, § 3, 5-10-2021)

Editor's note— Ord. No. 21O-03-108, § 3, adopted May 10, 2021, set out provisions intended for use as Art. III, § 5.56. For purposes of classification, and at the editor's discretion, these provisions have been included as Art. III, § 5.57.

The following regulations shall apply to all event venue uses:

A.

Hours of operation: Sunday through Saturday from 8:00 a.m. to 11:00 p.m., except on New Year's Eve going into New Year's Day. Events starting on New Year's Eve may take place through 12:30 a.m. on New Year's Day.

B.

Building size must be a minimum of five thousand (5,000) square feet within the building.

C.

Building structure must be within a stand-alone building.

D.

Parcel size must be a minimum of two (2.0) acres.

E.

Parking ratio shall be one (1) parking space for every two hundred (200) square feet of interior space.

F.

Direct access shall be provided from an arterial or collector roadway.

G.

Live entertainment, indoor shall be allowed as an accessory use to an event venue.

H.

Outdoor live entertainment shall be allowed as an accessory use to an event venue between the hours of 8:00 a.m. and 8:00 p.m. not to exceed fifty-five (55) decibels at the nearest residential property line.

I.

The allowable hours for alcoholic beverage service shall be limited to those provided for in Section 5.3.1 of the Land Development Regulations.

(Ord. No. 25O-04-114, § 1, 5-12-2025)

6.0. SUPPLEMENTAL DISTRICT REGULATIONS ^[2]

The supplemental district regulations contained in this Part apply to all zoning districts in an equal manner unless specific provision to the contrary is made herein. In some instances, modifications of these supplemental regulations are provided for within paragraph G. of the individual zoning districts.

(Ord. No. 02R-10-172, § 1, 11-25-02)

(Ord. No. 02R-10-172, § 2, 11-25-02)

6.3.1. Intent. The intent of this section is to provide and manage access to land development, to further the orderly layout and use of land, to protect community character, to conserve natural resources by promoting well-designed roads and access systems, to discourage the unplanned subdivision and development of land, and to preserve the flow of traffic in terms of safety, capacity and speed.

6.3.2. Definitions.

Cross access: A service drive providing vehicular access between two (2) or more contiguous sites so that the driver need not enter the public street system. Also, a pedestrian path between two (2) or more contiguous sites so that the pedestrian need not use the public sidewalk system.

Joint or shared access: A driveway connecting two (2) or more contiguous sites to the public street system.

Outparcel: A parcel of land abutting and external to the larger, main parcel, which is typically in separate ownership and which has roadway frontage.

Nonconforming access feature: Features of the access system of a property that existed prior to April 28, 2003 and do not conform with the standards and requirements of these Land Development Regulations or with the standards and requirements of the Florida Department of Transportation, as currently codified in Florida Administrative Code Rule 14-97.

Reasonable access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the thoroughfare, as consistent with the intent of these Land Development Regulations and the Florida Department of Transportation access management rule.

Stub-out or stub-street: A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

Substantial change in trip generation: A change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing and increase in the trip generation of the property exceeding ten (10) percent more trip generation (either peak or daily) and one hundred (100) vehicles per day more than the existing use for all roads under City or County jurisdiction; or one hundred (100) vehicles per day more than the existing use for al roads under state jurisdiction, as defined in Section 335.18, Florida Statutes.

Substantial enlargements or improvements: A ten (10) percent increase in the existing square footage or a fifty (50) percent increase in the accessed valuation of the structure.

6.3.3. Joint and Cross Access.

A.

Abutting properties within a commercial zoning district shall provide a cross access vehicular drive and pedestrian path to allow circulation between and among the properties.

B.

A system of joint use driveway and cross access agreements be established, where feasible, and the property shall incorporate the following:

1.

A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;

2.

A design speed of ten (10) mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles and loading vehicles;

3.

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;

4.

A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged, where feasible.

C.

Pursuant to subsection 6.3.3., property owners shall:

1.

Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;

2.

Record an agreement with the deed that remaining access rights along the thoroughfare will be dedicated to the City, County or State and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;

3.

Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

D.

The Department of Environmental and Engineering Services Director may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:

1.

Joint access driveways and cross access easements are provided wherever feasible in accordance with this section;

2.

The site plan incorporates a unified access and circulation system in accordance with this section;

3.

The property owner shall enter a written agreement with the City, County or State, recorded with the deed, that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.

E.

The Department of Environmental and Engineering Services Director may modify or waive the requirements of this subsection where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.

6.3.4. Requirements for Outparcels and Phased Development Plans.

A.

In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidation for the purposes of development and comprised of more than one (1) building site shall not be considered separate properties in relation to access management requirements of these Land Development Regulations. The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations required under subsection 6.3.3. shall be met.

B.

All access to the outparcel must be internalized using the shared circulation system of the principle development or retail center. Access to outparcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles.

C.

The number of outparcels shall not exceed one (1) per ten (10) acres of site area, with a minimum linear street frontage of three hundred (300) linear feet per outparcel or greater where access spacing standards for that roadway require. This frontage requirement may be waived where access is internalized using the shared circulation system of the principle development or retail center. In such cases the right of direct access to the roadway shall be dedicated to the City, County or State and recorded with the deed.

6.3.5. Nonconforming Access Features.

A.

Previously permitted access connections in place as of April 28, 2003, that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with applicable standards under the following conditions:

1.

When new access connection permits are requested;

2.

Substantial enlargements or improvements;

3.

Significant change in trip generation; or

4.

As roadway improvements allow.

B.

If the principal activity on a property with nonconforming access features is discontinued for a consecutive period of one hundred eighty (180) days or discontinued for any period of time without a present intention of resuming that activity, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted by the permitting authority. For uses that are vacant or discontinued upon the effective date of this section, the one hundred eighty (180) day period begins on the effective date.

6.3.6. Relief From Access Requirements and Restrictions.

A.

Regulatory flexibility. The Planning and Zoning Board may permit departure from dimensional lot, yard and bulk standards and requirements of the zoning district where a development is proposed to encourage creativity in site design, protect natural resources, and advance the intent of the access provisions in these Land Development Regulations. Such regulatory modifications under this paragraph are not subject to variance approval by the Board of Adjustment.

B.

Variance standards.

1.

The granting of the variance shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.

2.

Applicants for a variance from these standards must provide to the City Commission, sitting as the Board of Adjustment, proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that:

a.

Indirect or restricted access cannot be obtained;

b.

Engineering or construction solutions can not be applied to mitigate the condition; and

c.

Alternative access is not available from a street with a lower functional classification than the primary roadway.

(Ord. No. 02R-10-172, § 3, 11-25-02; Ord. No. 03O-05-150, §§ 1—6, 6-9-03)

The following special treatments between zoning districts are to be construed as minimum standards and requirements. If other treatments are required, the standards and requirements that provide for the greatest separation and most buffering shall apply.

6.4.1. Perimeter landscaping relating to abutting properties, and buffers between residential and non-residential property.

A.

All districts except in residential single-family districts, when all other areas are not exposed to adjacent public rights-of-way, shall be required to have a strip of land (or landscaped strip) at least five (5) feet in depth, which shall be landscaped, such landscaping to include one (1) tree for each forty-five (45) linear feet. The planting area shall be at least twenty-five (25) square feet with a dimension of at least five (5) feet. In addition, a continuous hedge of at least thirty (30) inches in height at the time of installation shall be placed along such perimeter landscaped strip. The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding pavement.

B.

In commercial and industrial districts, there shall also be a requirement that when the perimeter property line is adjacent to a residential district, or separated from a residential district by a street, alley, canal or other open space, that any plot or parcel in such nonresidential district shall be buffered from said residential district by an eight (8) feet high masonry wall with a landscaped strip on both the inside and outside of the wall. The remainder of the required landscaping, for these landscaped strips, shall be as described in paragraph 6.4.1.A. above, except for depth of yard and landscaping strips under conditions contained in paragraph 6.4.1.C. below. Also, along the landscaped strip on the exterior of the wall, the hedge shall be thirty-six (36) inches in height at the time of installation. Maintenance shall be the responsibility of the property owner on both sides of the wall.

1.

Adjustment. The Development Review Committee or the Planning and Zoning Board shall have the administrative authority to adjust on lots with frontage along Commercial Boulevard the requirement for a landscaped strip outside of the masonry wall and allow an eight (8) feet high masonry wall to be erected along the rear property line provided the following is demonstrated:

a.

An easement runs parallel to and abutting the rear property line; and

b.

If a canal right-of-way separates the lot from residential uses and the City Engineer concludes that any abutting canal right-of-way on the outside of the wall can accommodate some landscaping in addition to serving the purpose of the right-of-way, then the following shall apply:

(1)

The site plan or site plan modification application provides for such number of trees or hedges or both installed, irrigated and maintained within the right-of-way such that the outside of the wall will be fifty (50) percent hidden from the abutting residential uses within three (3) years; and

(2)

The site plan or site plan modification application provides for a minimum 10 feet deep landscaped strip on the inside of the wall, such strip to have a continuous hedge of at least thirty (30) inches in height at the time of installation along the wall and two offsetting rows of trees with one (1) tree for each forty-five (45) linear feet; and

(3)

The site plan or site plan modification application provides for at least an equivalent number, size and quality of trees and hedges as is required under paragraph 6.4.1.A. above.

The Development Review Committee or the Planning and Zoning Board may require an additional number of trees and hedges, taller trees and hedges at the time of installation, vines, and a deeper landscaped strip inside the wall as a buffer to mitigate impacts to the abutting residential uses.

c.

If a canal right-of-way separates the lot from residential uses and the City Engineer concludes that any abutting canal right-of-way on the outside of the wall can not accommodate some landscaping or if a canal right-of-way does not separate the lot from residential uses, then the following shall apply:

(1)

The site plan or site plan modification application provides for a minimum ten (10) feet deep landscaped strip on the inside of the wall, such strip to have a continuous hedge of at least thirty (30) inches in height at the time of installation along the wall and two offsetting rows of trees with one (1) tree for each forty-five (45) linear feet; and

(2)

The site plan or site plan modification application provides for at least an equivalent number, size and quality of trees and hedges as is required under paragraph 6.4.1.A. above; and

(3)

A voluntary monetary contribution is made to each abutting residential property owner at least equal to the cost of installing the required trees and hedges on the outside of the wall.

The Development Review Committee or the Planning and Zoning Board may require an additional number of trees and hedges, taller trees and hedges at the time of installation, and a deeper landscaped strip inside the wall as a buffer to mitigate impacts to the abutting residential uses. In addition, a building permit shall not be issued until compliance with the voluntary monetary contribution is demonstrated.

d.

An adjustment as described herein shall be the sole remedy for providing relief. A variance shall not be available.

2.

Variance. Other than lots fronting on Commercial Boulevard, a variance development order shall be required to allow less than a five (5) feet deep landscaped strip outside of the masonry wall.

C.

Where any district zoned business, commercial or industrial, is separated by a street from a residential district, then any plot in such a nonresidential district adjacent to the separating street shall be provided with an area at least twenty-five (25) feet in depth along such separating street. Such an area shall provide a landscape buffer at least ten (10) feet in depth along the separating street. In any district zoned commercial, such an area 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. Where the area is required, such an area, except for the required buffer, may be used for walkways, driveways, and landscaping, but not for any other purposes, as required by code.

D.

Where any business district directly abuts on a residential district without any separator between them such as a street, alley, canal, or other public open space, then any plot in such a business district shall be provided with a yard at least fifteen (15) feet in depth adjacent to the residential district and such a yard shall be used exclusively for landscaping in conformance with this section. Where any commercial or industrial district directly abuts on a residential district without any separator between them such as a street, alley, canal, or other public open space, then any plot in such a commercial or industrial district shall be provided with a yard at least twenty (20) feet in depth adjacent to a residential district, and such yard shall be used exclusively for landscaping in conformance with this section. A wall shall also be required as described in [subsection] B. above.

E.

When residential property abuts the Florida Turnpike right-of-way, hedges may reach fifteen (15) feet in height, but must be kept uniform in height and healthy in appearance. They shall not conflict with overhead power lines or any utility lines.

6.4.2. Perimeter buffer area amortization period. By December 31, 2018, all owners of commercial and industrial zoned properties that abut residential or open space park zoned properties shall have installed the required perimeter "buffer" area identified in Section 6.4.1. Where insufficient space exists to install the required landscaping and irrigation on both sides of the wall, a contribution equal to the cost of installing such landscaping and irrigation shall be made to the Tree Trust Fund or the abutting property owner or both. In the event a special exception development order has been granted requiring as a condition of approval the "buffer" area be installed before December 31, 2018, such condition shall be vacated.

6.4.3. Buffer area substitution. Owners of commercial and industrial properties may propose substitute buffer areas other than that required in subsection 6.4.1. Substitute buffer areas may include changes to the building materials, height, location, and landscaping and irrigation requirements. Owners shall submit an application and all other documents to establish that the Owner cannot comply with subsection 6.4.1. The City Manager, or his/her designee, can consider, among other things, a survey, underground or above ground utilities, setbacks. The Planning and Zoning Section is authorized to establish an application for the buffer substitution. If the City Manager, or his/her designee, denies the buffer substitution that decision is final. If the City Manager, or his/her designee, approves a buffer substitution, that recommendation shall be submitted in a report to the City Commission; a member of the City Commission then has seven (7) days to request that any matter for which a buffer substitution has been approved by the City Manager, or his/her designee, be added to the next available City Commission agenda to either uphold, modify, or deny the City Manager/designee's recommended approval for the buffer substitution. The City Manager, or his/her designee, shall consider the following factors in determining whether to allow a substituted buffer area, including the configuration of the buffer area and the time period for compliance:

• Whether an easement is located along the commercial or industrial property line that would impede the ability of the owner to install a wall five (5) feet from the property line; and

• Whether the driveway located between the building and the property line would be reduced from a two-way to a one-way driveway or a non-conforming one-way drive in order to accommodate the buffer area; and

• Whether a water body is located between the commercial or industrial zoned property and the residential property, the width of the water body, and the slope of the bank; and

• Whether an existing wall or landscaping or both are already in place, and the extent of the landscaping; and

• Whether the impacts associated with the demolition of the wall or the removal of the landscaping or both exceeds the value of installing an eight (8) foot high wall and landscaping and the time it would take for the new landscaping to reach the height and fullness of the existing landscaping; and

• The number of single-family residents that would be impacted by a substituted buffer area; and

• The length of the buffer area and whether an additional period of time, not to exceed five (5) years, is reasonable in order to allow the property owner to install the buffer area.

(Ord. No. 02R-10-172, § 4, 11-25-02; Ord. No. 02O-11-173, § 1, 12-9-02; Ord. No. 07O-05-129, § 1, 6-25-07; Ord. No. 12O-06-125, §§ 1, 2, 6-25-2012; Ord. No. 18O-06-119, § 1, 7-9-2018)

6.5.1. General requirements:

A.

Every building, use or structure, instituted or erected after December 11, 1984, shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Buildings, uses and structures instituted or erected on or before December 11, 1984, shall be required to provide off-street parking facilities in accordance with the provisions of this section within six (6) months of their sale or transfer anytime after June 1, 1999.

B.

Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued.

C.

Except in single-family and RM-8 residential districts, wherever off-street parking is required in accordance with the provisions of this section, a minimum of two (2) percent of the required off street parking spaces, with a minimum of one (1) parking space, shall contain an electric vehicle charging stations, in accordance with the following standards:

1.

In Mixed-Use and Non-Residential Districts, where twenty (20) or more off-street parking spaces are required by the land development regulations, all electric vehicle parking spaces shall be reserved for the exclusive use of electric vehicles.

2.

In Mixed-Use, Non-Residential Districts, and Multi-family Districts, electric vehicle parking spaces shall, at a minimum, be equipped with an electric vehicle charging station rated at electric vehicle charging level 2.

3.

For residential uses, electric vehicle charging stations shall be limited to the use of building residents and their invited guests.

4.

Electric vehicle charging spaces shall be marked by green painted lines or curbs.

5.

Electric vehicle charging station spaces shall count toward the aggregate number of required parking spaces as outlined in Table 6.5.-2. Minimum Automobile Off-Street Parking.

D.

Where a building existed on December 11, 1984, provided there is no increase in floor area or capacity and there is no change of occupancy, such building may be modernized, altered or repaired, without providing additional off-street parking facilities.

E.

Where a building or use, which existed on December 11, 1984, is enlarged in floor area, volume, capacity, or space occupied, off-street parking facilities as specified herein shall be provided for the additional floor area, volume, capacity or space so created or occupied.

F.

Where nonconformities exist at commercial and multifamily sites, such as off-street parking, loading access fences, walls, lighting, landscaping, or similar nonconformities, such nonconformities may continue and the site may be altered only as provided below.

1.

No change shall be made to any nonconforming site improvement which increases the nonconformity. Changes which propose improvements which will have a greater impact on decreasing the nonconforming nature of the site than on increasing the nonconforming nature of the site may be approved by the Planning and Zoning Director and confirmed by the Development Review Committee (DRC) by way of site plan modification approval.

G.

It shall be unlawful for an owner or operator of any building, structure or use affected by this Code to discontinue, change or dispense with, or to cause the discontinuance or reduction of 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 section. It shall be unlawful for any person, firm, or corporation to utilize such building, structure or use without providing the off-street parking facilities to meet the requirements of and be in compliance with this section.

6.5.2. Location and design standards:

A.

The off-street parking facilities required by this section shall be located on the same plot or parcel of land they are intended to serve; provided, however, when practical difficulties, as determined by the City Commission, prevent the establishment of such facilities upon the same plot, the off-street parking facilities shall be provided on land which a abuts the premises they are to serve and are within seven hundred (700) feet of the premises they are to serve, and the owner of said parking area and the owner of the property to be served shall enter into written agreement with the City whereby the land providing the parking area shall never be sold or disposed of except in conjunction with the sale of the building the parking area serves so long as these parking facilities are required, and said agreement shall be recorded at the expense of the owner of the property on which the facilities will be located and shall run with the land to bind the heirs, successors and assigns of said owner. Said written agreement may be voided by the City Commission if other provisions are made for off-street parking facilities pursuant to this section.

B.

Each parking space required and provided pursuant to the provisions of this section shall not be less than nine (9) feet in width, and eighteen (18) feet in length, except for spaces utilized for parallel parking. The parallel parking space shall not be less than nine (9) feet in width and twenty-three (23) feet in length.

C.

Off-street parking facilities required by this section shall be arranged or designed in the same manner as depicted in Table 1-1, "Minimum Space Requirements at Various Parking Angles for Self-Parking Facilities."

Table 6.5.-1
Minimum Parking Space Standards at Various Parking Angles for Self-Parking Facilities

D.

The required off-street parking facilities shall be clearly delineated by four-inch, visible, painted striping, except for single-family dwellings. Parking and vehicle service areas which abut landscaped areas, shall be designed with bumper guards, wheel stops, or contiguous curbing. The required bumper guards or wheel stops shall be located a minimum of two and one-half (2½) feet from any landscaped area, sidewalk structure or property line. The required off-street parking facilities, including access aisles and driveways shall be surfaced with hard, durable, dustless material, and maintained in a smooth well graded condition.

E.

All required parking spaces shall be directly accessible from a public or private street, alley or easement. All off-street parking areas shall be designed to permit convenient maneuvering of vehicles and each space shall be accessible without driving over or through any other parking space. Backout parking shall not be permitted on any street or highway designated on the Lauderhill Land Use Plan Map, except for parking spaces required for single-family dwellings.

F.

All off-street parking facilities required by this Code shall be drained so as to retain run-off on site and not to cause any nuisance on adjacent or public property, and any lighting thereon shall be so arranged and designed as to prevent any glare or excessive light on adjacent property or public streets. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles.

G.

A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street parking under these regulations, 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.

H.

In a Tree Preservation District, the Community Development Director may authorize up to twenty-five (25) percent of the required parking spaces to be designed for compact cares (nine (9) feet by sixteen (16) feet). Compact parking spaces must be clearly marked.

I.

Backlot area. Backlot areas of motion picture studios shall not be off-street parking areas.

6.5.3. Amount of off-street parking. The off-street parking required by this section shall be provided and maintained on the basis of the following minimum requirements:

A.

One-, two- and three-family dwellings:

1.

Dwelling, single-family: Two (2) parking spaces, a minimum of one (1) shall be within a garage. Access may be through either parking space. The C.A.C. may waive the requirement of one (1) parking space within a garage if two (2) parking spaces are available on the property.

2.

Dwelling, two-family and three-family: Two (2) parking spaces for each dwelling unit. Garage and carport included. Access to one (1) of the two (2) spaces may be through or over one (1) or the other, notwithstanding other provisions of this section.

B.

Dwelling, multifamily, four (4) units or more:

1.

One and one-half (1½) parking pads for each efficiency or one (1) bedroom apartment unit.

2.

Two (2) parking spaces per each two-or more bedroom apartment unit. Plans presented showing one, two, and three-bedroom units and including a "den," "library," a "convertible," or other extra room shall count such extra room as a bedroom for purpose of computing parking space requirements.

3.

Two and one-quarter (2¼) parking spaces per each townhouse or rowhouse unit.

C.

Rooming houses, lodginghouses, boarding houses: One (1) parking space for each one (1) rental sleeping room, plus one (1) parking space for each employee.

D.

Dormitories, fraternities: One (1) parking space for each two (2) beds, plus one (1) parking space for the manager or operator, plus one (1) parking space for each employee.

E.

Hotels, apartment hotels: Three (3) parking spaces for each four (4) sleeping rooms, or three (3) parking spaces for each four (4) bathrooms, whichever may be greater. If, in addition to sleeping rooms, there are other uses operated in conjunction with and/or as part of the hotel, additional off-street parking spaces shall be provided for such other uses as would be required by the section if such uses were separate from the hotel, to the extent of thirty-five (35) percent of the off-street parking specified in this section for such uses as retail stores, offices, service establishments, bars, restaurants, dining rooms, ballrooms, banquet hall, meeting rooms, and auditoriums.

F.

Motels, tourist homes, guest cabins, villas, house courts: One (1) parking space for each guest room, cabin or rental unit, plus one (1) parking space per each employee.

G.

Trailer courts, camps or parks (transient use): One and two-tenths (1 2/10 ) parking spaces for each trailer.

H.

Mobile home parks and mobile home subdivisions: Two (2) parking spaces for each site.

I.

Hospitals: One (1) parking space per patient bed plus one (1) parking space per one thousand (1,000) square feet of gross floor area.

J.

Sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm: One (1) parking space for each three (3) beds for patients or inmates.

K.

Theatres, houses of religious worship, and other places of assembly having fixed seats: One (1) parking space for each three (3) seats, except when the use is greater than, or is part of a shopping center with greater than, fifty thousand (50,000) square feet of gross floor area, one (1) parking space for each five (5) seats shall be required. Houses of religious worship may provide any or all of the required parking in the form of grass-stabilized parking spaces with wheel stops.

L.

Places of public assembly, including but not limited to assembly hall, (except as provided in paragraph 1.3.10), exhibition halls, convention halls, skating rinks, sports arenas, and houses of religious worship without fixed seats: One (1) parking space for each seventy-five (75) square feet of floor area occupied by guests, customers, patrons, members, or other occupants; or one (1) parking space for each two hundred (200) feet of gross floor area, whichever is greater. Houses of religious worship may provide any or all of the required parking in the form of grass-stabilized parking spaces with wheel stops.

M.

Private clubs, lodges, fraternal buildings, union halls: One (1) parking space for each fifty (50) square feet of floor area occupied by guests, customers, patrons, or members; or one (1) parking space for each two hundred (200) square feet of gross floor area, whichever is greater.

N.

Reserved.

O.

Stadiums, racetracks, fairgrounds, circus grounds: One (1) parking space for each five (5) seats.

P.

Bowling alleys: Five (5) parking spaces for each alley, plus additional spaces as required for other uses on the same premises.

Q.

Mortuaries: One (1) parking space for each fifty (50) square feet of floor area in public assembly rooms.

R.

Medical, dental, chiropractic offices and clinics: One (1) parking space for each two hundred (200) square feet of gross floor area.

S.

Business, professional and governmental offices: One (1) parking space for each two hundred fifty (250) square feet of gross floor area including covered walkways.

T.

Restaurants, fast-food restaurants, lounges, bars, nightclubs: If part of a shopping center: One (1) parking space for every fifty (50) square feet of customer-service floor area and one (1) parking space for every two hundred (200) square feet of all other area. All restaurants, fast-food restaurants, lounges, bars and nightclubs which are not part of a shopping center: One (1) parking space for every thirty (30) square feet of floor area in rooms for customer service, including customer waiting area.

U.

Elementary schools, middle schools, whether public, private or parochial: One and one-half (1½) parking spaces for each classroom, plus one-half (½) of the parking spaces for rooms used for public assembly as otherwise required by this section. Additionally, there shall be a designated area for temporary parking to include five (5) parking spaces per classroom.

V.

Senior high schools, colleges, business schools, whether public, private or parochial schools: One (1) parking space for each classroom, plus one (1) parking space for each five (5) students, or one-half (½) of the parking spaces for rooms used for public assembly as otherwise required by this section, whichever is greater.

W.

Retail stores, personal service shops, household repair or equipment shops: One (1) parking space for every two hundred (200) square feet of gross floor area.

X.

Banks, savings and loans, financial institutions, credit unions, convenience stores: One (1) parking space for each two hundred (200) square feet of gross floor area.

Y.

Shopping centers: One (1) parking space for each two hundred (200) square feet for the first fifty thousand (50,000) square feet of gross floor area and one (1) parking space for each two hundred fifty (250) square feet of that area in excess of fifty thousand (50,000) a square feet of gross floor area. Whenever a shopping center shall contain restaurants, fast-food restaurants, lounges, bars, nightclubs or any combination thereof, the terms of subsection 6.5.3.T shall apply to the extent applicable, any other provision of this subsection notwithstanding.

Z.

Manufacturing and industrial use research and testing laboratories, warehouses, motor vehicle salesrooms, wholesale establishments, and storage buildings: One (1) parking space for each five hundred (500) square feet of gross floor area of the building.

AA.

Auto repair shops, auto service stations, paint and body shops, service facilities accessory to motor vehicle showrooms: One (1) parking space for each three hundred fifty (350) square feet of gross floor area.

BB.

Game rooms, amusement room center: One (1) parking space for each seventy-five (75) square feet of floor area occupied by guests, customers, patrons, members or other occupants.

CC.

Adult congregate living facilities: One-quarter (¼) parking space per resident, and one (1) parking space for each staff person.

DD.

Studio uses:

1.

Permanent parking.

a.

Studio office use. At least three (3) spaces per one thousand (1,000) gross square feet.

b.

Studio production/post production use, support use, and ancillary use facilities. At least 1.6 spaces per one thousand (1,000) gross square feet.

2.

Temporary parking. Off-site temporary parking may be allowed by special permit. Off-street parking requirements for off-site temporary parking, including striping and landscaping, need not be met, but the parking area must be designated on a site plan so as not to impede flow of emergency vehicles. Temporary parking areas shall be located within six hundred (600) linear feet of the studio property as measured by the shortest airline distance between or among the nearest point on the respective property lines. If located more than six hundred (600) feet away from the studio property, however, then a traffic demand management implementation plan shall be provided. Such plan shall address marketing and education measures, on-site services enhancements, studio property facility improvements, service operation and alternative work arrangements. See Schedule V., Transportation Demand Management Implementation Plan Elements.

EE.

Self-service storage facility:

1.

Indoor climate controlled self storage units: One (1) parking space for every five thousand (5,000) square feet of gross floor area.

2.

Drive-up rows of garage type storage units: One (1) parking space for every two hundred (200) units, plus a minimum ten (10) foot parking lane along either side of any driveway which provides access to storage units (garage type).

3.

Office space: One (1) parking space for every two hundred fifty (250) square feet of gross floor area.

4.

Manager's quarters: Two (2) parking spaces.

FF.

Auctions: One (1) parking space for every forty (40) square feet of fixed or nonfixed seating plus one (1) parking space for every two hundred (200) square feet of gross floor area. Gross floor area not to include seating area.

GG.

Measurement: For the purposes of this section, gross floor area shall mean the gross floor area inside of the exterior walls, except as specifically provided herein. In hospitals, bassinets shall not count as beds. In stadiums, sport arenas or other places of assembly in which occupants utilize benches, pews or other similar seating facilities, each twenty (20) lineal inches of such seating facilities shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

HH.

Copying, printing and publishing shop: One (1) parking space for each employee on the maximum working shift plus one (1) space for each one thousand (1,000) square feet of gross floor area.

II.

Furniture store: One (1) parking space for each five hundred (500) square feet of gross floor area up to five thousand (5,000) square feet, plus one (1) parking space for each additional one thousand (1,000) gross square feet, plus one (1) space for each employee.

JJ.

Consignment shop. The parking ratio for a consignment shop located on an arterial road, in a freestanding two-story building, and fully occupied by a consignment shop is one (1) parking space per each five hundred (500) square feet. Otherwise, the ratio shall be one (1) parking space per three hundred (300) square feet or fraction thereof.

6.5.4. Combined off-street parking. Nothing in this section 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 section. The owners of both properties must enter into a written agreement with the City which shall provide for the mutual use of the parking facilities. Said agreement shall be recorded at the expense of the property owners, and may not be canceled without the prior consent of the City Commission.

6.5.5. Nonconforming uses. In the case of a building occupied by a use which is not permitted as a new use in the district in which such building is located, additions shall not be permitted unless and until the off-street parking requirements of this section for a new use of the type involved, are applied to such existing use and are fully provided for.

6.5.6. Use of required off-street parking by another building. No part of an off-street parking area required for any building or use by this section shall be included as a part of an off-street parking area similarly required for another building or use, unless the type of use indicates that the periods of usage will not overlap or be concurrent with each other, as determined by the City Commission, by resolution, or unless one of the buildings has excess parking and the terms of Section 1.4 are complied with.

6.5.7. Parking of commercial vehicles. Off-street parking facilities supplied by the owner or operator to meet the requirements of this section shall not be used by commercial vehicles owned, operated or used in the business of such owner or operator during regular hours of business.

6.5.8. Dead storage area as accessory use in commercial buildings. One (1) parking space for each five hundred (500) square feet of gross floor area of dead storage space. Dead storage area as used in this section shall mean space improved only for storage.

6.5.9. Retail uses. When there has been no change in use as to the space to be used since original approval of the shopping center, and when that use has consistently been retail, parking shall be determined as it was required at the time that the original approval was granted for the shopping center.

Table 6.5.-2. Minimum Automobile Off-Street Parking.

6.5.10. Parking credits. The required amount of off-street parking may be reduced in exchange for certain enhancements that reduce the need for required off-street parking.

A.

Multimodal enhancement credits. During the site plan or site plan modification review process, the Planning and Zoning Director may reduce the amount of required parking by up to five (5) percent based upon the following factors:

1.

The number of scheduled transit routes providing service within six hundred sixty (660) linear feet of the site between 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. each business day;

2.

The proximity of the property to a transit stop and shelter, the number of covered seats, and other transit facilities and amenities along transit routes;

3.

The size of an on-site public plaza with pedestrian sitting area and additional landscaping dedicated for multimodal uses;

4.

The proximity to a dedicated bicycle facility and the on-site number of covered bicycle parking facilities and other bicycle amenities;

5.

The provision of at least an eight (8) feet wide covered walkway or arcade along all street frontages;

6.

The provision of a sidewalk along the street frontage with a width exceeding five (5) feet; and

7.

The number of on-street parking spaces along the street frontage abutting the property.

B.

Bus bay and transit facility enhancement credits. Upon written confirmation from either the Florida Department of Transportation for State roads, Broward County for County roads, or the City Engineer for local roads, and Broward County Mass Transit Division, the Planning and Zoning Director shall grant a development a fifteen (15) percent off-street parking reduction where a bus bay is located in front of the property and where a public transit shelter with at least five (5) seats, and transit-enhancing landscaping are provided.

C.

Expansion credits. The Planning and Zoning Director shall grant a ten (10) percent reduction in the required number of off-street parking spaces or one (1) parking space to allow any building existing on December 11, 1984 to be expanded.

D.

Bus transfer facility credits. A development with a Broward County Transit transfer station shall receive a parking credit for five hundred eighty-five (585) parking spaces.

(Ord. No. 02R-10-172, § 5, 11-25-02; Ord. No. 02O-11-174, §§ 1—9, 12-9-02; Ord. No. 02O-11-175, § 1, 12-9-02; Ord. No. 03O-01-109, §§ 1, 2, 1-27-03; Ord. No. 03O-01-108, §§ 1—3, 4-28-03; Ord. No. 04O-03-118, § 1, 3-29-04; Ord. No. 04O-07-155, §§ 1, 2, 8-30-04; Ord. No. 04O-07-157, § 1, 8-30-04; Ord. No. 04O-09-207, § 1, 9-27-04; Ord. No. 09O-07-132, §§ 6, 7, 8-31-09; Ord. No. 15O-02-105, §§ 1, 2, 3-9-2015; Ord. No. 15O-08-129, § 7, 9-11-2015; Ord. No. 18O-04-109, § 6, 5-14-2018; Ord. No. 19O-08-114, § 1, 9-12-2019; Ord. No. 20O-02-107, § 1, 2-24-2020; Ord. No. 22O-09-139, § 1, 11-28-2022)

6.6.1. On the same plot with every structure or use 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 encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

6.6.2. 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.

6.6.3. For the purposes of this section, an off-street loading space shall be an area at the grade level at least ten (10) feet wide by twenty-five (25) feet long with fourteen-foot vertical clearance. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space, and arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Such loading space shall also be accessible from the interior of any building it is intended to serve.

6.6.4. Off-street loading space shall be provided and maintained in accordance with the following Schedule:

A.

For each retail store, shopping center, warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, motion picture studio, or similar use which has an aggregate floor area of:

Table 6.6-1. Off-street loading standards

B.

For each multiple dwelling or apartment having at least fifty (50) dwelling units but not over one hundred (100) dwelling units: One (1) loading space.

C.

For each multiple dwelling or apartment having over one hundred (100) dwelling units: One (1) loading space, plus one (1) loading space for each additional one hundred (100) dwelling units or major fraction thereof.

D.

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

Table 6.6-2. Other loading standards

E.

For any use not specifically mentioned in this section, the requirements for off-street loading for a use which is so mentioned and to which the unmentioned use is similar shall apply. The determination shall be at the sole discretion of the Director of Community Development.

F.

For each self-service storage facility: Two (2) loading spaces.

6.6.5. 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.

6.6.6. 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 section for off-street loading facilities.

6.6.7. 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, 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.

6.6.8. Plans for building 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.

6.6.9. Administrative relief. Consistent with the standards and requirements for granting administrative relief as codified in Article IV, Part 3.0, Section 3.4, administrative relief may be granted from subsection 6.6.4 herein on the required number of loading spaces.

(Ord. No. 02R-10-172, § 6, 11-25-02; Ord. No. 02O-11-176, § 1, 12-9-02; Ord. No. 04O-07-156, § 1, 8-30-04)

(Ord. No. 02R-10-172, § 7, 11-25-02)

6.8.1. Declaration of intent. The intent of these regulations is to protect, preserve, and enhance the natural environment and the beauty of the City by providing landscape for green spaces, trees and other plants and arranging them in a pleasing manner in relation to paved areas and structures. The planting of native materials is the most highly desirable and preferred. These objectives are defined in general terms and the realization can only be obtained by proper design and location of trees, shrubs, plants and grass. It is also the intent of the Commission to encourage the citizens of the City of Lauderhill (the "City") to actively participate in the protection, proper selection, and placement of trees to build and maintain tree canopy within the limits of the City. This section regulates tree protection and preservation within the City. The City of Lauderhill Code Enforcement Department or any person designated/authorized by the City Manager will be responsible for enforcing the provisions of this section unless otherwise specified.

6.8.2. Applicability. This section applies to all persons within the geographic boundaries of the City of Lauderhill and shall be enforceable on a citywide basis unless otherwise provided herein.

6.8.3. Documents Incorporated by Reference. The following documents, as amended, are adopted as standards and are incorporated into this section by reference: The American National Standards Institute A-300, Tree, Shrub and Other Woody Plant Maintenance-Standard Practices, and Z-133.1 Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush-Safety Requirements; Florida Department of Agriculture Division of Plant Industry, Grades and Standards for Nursery Plants; Jim Clark and Nelda Matheny, Trees and Development; Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, Ninth Edition, 2000; Alan Meerow, Betrocks Guide to Landscape Palms, Fourth Edition, 1997; Florida Power and Light, Plant The Right Tree In The Right Place brochure; and Broward County Chapter 27, Article XIV, Tree Preservation and Abuse Ordinance.

6.8.4. Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly requires otherwise. Any word or term not interpreted or defined by this section shall be defined by publications recognized as authoritative in the scientific and engineering fields, as applicable. Such publications shall include the latest edition of Trees Native to Tropical Florida by Tomlinson; 500 Plants of South Florida by Julia Morton; Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers; Trees and Development by Jim Clark and Nelda Matheny; Tree, Shrub and Other Woody Plant Maintenance-Standard Practices by the American National Standards Institute (ANSI A-300); Grades and Standards for Nursery Plants by the Florida Department of Agriculture and Consumer Services. These publications, as amended, are adopted and incorporated into this section by reference. Any word or term not interpreted or defined by this section or publications shall be used with a common dictionary meaning of common or standard utilization.

The following words, phrases, and terms when used in this section shall have the indicated meanings:

Accessway: A way or means of entering or approaching a plot or plots of land.

Anti-transpirant: The protective coating, generally applied to plant materials prior to and immediately after transplanting, that reduces water loss through leaf surface.

Applicant: Any person that applies for a permit issued pursuant to this section.

Approval: A written authorization by the Commission to proceed with a project, when required by this chapter.

Artificial turf: A pervious surface that is not a living material, but can be substituted for grass or other ground cover. The type of Artificial Turf must be approved by the Director of Planning and Zoning and the City Engineer.

Breast height: A height of four and one-half (4½) feet above the natural grade.

Buildable area: The portion of a site not including the required setback areas which is proposed to be covered by structures.

Canopy coverage: The aerial extent of ground within the drip line of the tree.

Caliper: The trunk caliper (trunk diameter) is measured six (6) inches from the ground on trees up to and including four (4) inches in caliper, and twelve (12) inches above the ground for larger trees. Since trunks are seldom round, the average of the largest diameter and that perpendicular to it is referred to as caliper. Any accurate device including a diameter tape may be used to measure caliper. Trees are placed in diameter classes in order to grade them. For example, trees in the two (2) inch class include those calipering two (2) inches up to but not including two and one-half (2½) inches; those in the two and one-half (2½) inch class include trees calipering two and one-half (2½) inches up to but not including three (3) inches, and so forth.

Citation: A notice assessing an administrative penalty for a violation of this chapter.

Clear trunk: The area from top of root ball along the vertical trunk(s) of the tree to the first lateral branch.

Conservation easement: A right or interest in real property as defined in F.S. § 704.06, as amended.

DBH: Diameter breast height.

Destruction of the natural habit of growth: Pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species; or pruning which amounts to tree abuse as defined herein that results in the death of the tree.

Developed land: The land upon which permanent, principal building or buildings have been constructed.

Diameter breast height (DBH): The diameter of the trunk of a tree measured at breast height. The DBH of trees with multiple trunks shall be the sum of the individual trunk diameters at breast height. Trees with less than four and one-half (4½) feet of clear trunk shall be measured as the diameter of the largest vertical branch or leader at breast height. However this is not an appropriate method for valuating nursery trees.

Dripline: A vertical line extending from the outermost branches of a tree to the ground.

Effectively destroy: To cause, suffer, allow or permit any act which will cause a tree to die or go into a period of unnatural decline within a period of one (1) year from the date of the act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage inflicted on the tree permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree permitting infection or pest infestation, the infliction of a trunk wound that is fifty (50) percent or greater of the circumference of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the tree.

Emitters: Devices which are used to control the discharge of irrigation water from lateral pipes.

Environmentally sensitive land: Lands with high ecological value, that can be preserved and saved from development as designated by the Broward County Board of County Commissioners.

Finished grade: The surface level (or elevation) of the ground surface after all digging and filling.

Girdling: The removal or destruction of bark radially around the trunk of a tree or shrub.

Ground cover: Low growing plants that cover the ground and is used in place of turfed areas. Reaches a height of not more than twenty-four (24) inches in approximately three (3) months, and presents a finished appearance.

Hatrack: To sever the leader or leaders, or to prune a tree by stubbing of mature wood.

Hedge: A continuous planting of shrubs constituting a visual screen serving a function similar to a fence or wall, but may allow visibility along the bottom of such screen for the sole purpose of crime prevention through environmental design.

High water use hydrozone: A distinct grouping of plants that require supplemental water on a regular basis throughout the year.

High water use zone: Plants and turf types within this area which are associated with moist soils and require supplemental water in addition to natural rainfall to survive.

Historical tree: A particular tree or group of trees which has historical value because of its unique relationship to the history of the region, state, nation or world as designated by the Commission.

Horizontal plane: An imaginary line that begins at the base of the live frond petioles on palm trees.

Hydrozone: A distinct grouping of plants with similar water and irrigation needs and climatic requirements.

Irrigation: A permanent artificial method of applying water to plants. Supplied to all landscaped and grassed areas with automatic underground irrigation system designed to provide one hundred (100) percent coverage, with no water spraying on hard pedestrian and vehicles surfaces or building walls and fences.

Land clearing: The clearing of vegetation and soils for the purpose of land development activities. This includes, but is not limited to, construction for buildings, rights-of-way, utility easements, access or drainage ways, parking lots and other structures, rock mining, the control of weeds or the initial clearing of vegetation to enhance property value or agricultural activities that involve the removal of trees as defined by this section.

Landscape barrier: A living plant material that prevents passage or approach including but not limited to a hedge.

Landscaped area: A plot or plots of ground consisting of, but not limited to, living plant material and non-living landscape material.

Landscaping: A living plant material purposely installed for functional or aesthetic reasons at ground level.

Lawn grass or grass: Any grass that can sustain itself in Broward County, Florida.

Local area of particular concern: A land designation as defined by Broward County in Section 5-182(j) of the Land Development Code.

Low water use zone: Plants which survive on natural rainfall without supplemental water.

Microirrigation: The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters place along the water deliver pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, microbubbler, and microspray irrigation, previously referred to as trickle irrigation, low volume, or low flow irrigation.

Mitigation: To compensate for impacts to tree(s).

Moderate water use zone: Plants which survive on natural rainfall with supplemental water during seasonal dry periods.

Modification: A change in design or operation that increases or decreases capacity; affects emission, effluent, noise or discharge quantity or quality; increases or decreases environmental impact; or affects the potential for emission, effluent production, noise produced or discharge.

Mulch: Non-living material customarily used in landscape to retain moisture and soil.

Native vegetation: Any plant species with a geographic distribution indigenous to all or part of the State of Florida.

Natural forest community: A vegetated area generally comprised of a canopy, subcanopy and groundcover, and which meets the criteria for the classification of an area as a Natural Forest Community as designated by Broward County under Chapter 27, Article XIV, Section 411 of the Code.

Natural grade: The surface level (or elevation) of the ground surface prior to the commencement of digging or filling.

Natural landscaping: The using of plant selection that is based on climate and environment of the area as well as site characteristics of exposure, light intensity, soil pH, soil aeration, soil mineral analysis, site drainage, and irrigation water quality. Proper plant selection based on site characteristics is to enhance the plants' likelihood of becoming established in the site and reduce potential incidences of low vigor, excessive maintenance, disease, or death.

Natural resource area: A land designation as defined by Broward County in Article IX, Section 5-280 of the Broward County Land Development Code.

Nodes or internodes: Natural points of previous growth or division.

Nuisance: Any emission, discharge, release, and/or placement of any substance into the atmosphere, waters or soil, which may cause injury or detriment to the public, to any person or to the environment; which endangers the comfort, repose, health or safety of any person or the public; which endangers the environment or which causes or has a natural tendency to cause injury or damage.

Nuisance tree: Any of the following tree species:

(a)

Schinus terebinthifolius (Brazilian pepper tree/Florida holly).

(b)

Metopium toxiferum (poison wood).

(c)

Melaleuca quinquenervia (cajeput tree/melaleuca).

(d)

Casuarina spp. (Australian pine, all species).

(e)

Bischofia javanica (bischofia, bishopwood).

(f)

Acacia auriculaeformis (earleaf acacia).

(g)

Araucaria excelsia (Norfolk Island pine).

(h)

Schefflera actinophylla (schefflera, umbrella tree).

(i)

Leucaena leucocephala (lead tree).

(j)

Cupaniopsis anacardiopsis (carrotwood).

Owner-occupied: A dwelling in habitable condition occupied by the owner of record, as the owner's primary residence, and holding a valid Certificate of Occupancy.

Overlift: The removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio may be considered as evidence of overlifting. Except where removal of branches is necessary for the protection of property or for public safety purposes which cannot be remedied by pruning which is not defined as tree abuse.

Person: Any natural person, individual, owner, operator, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public or private utilities, public officer, responsible party or any other entity whatsoever, or combination thereof, of whatever kind.

Plant community(ies): Any natural association of plants that is dominated by one (1) or more prominent species, or a characteristic physical attribute.

Planting strip or easement: Any portion of land which is set aside in order to separate two (2) functional areas.

Protected tree: A tree species as declared protected by the City Commission of Lauderhill and specified within this section.

Protective barrier: Conspicuously colored fences or like structures constructed of sturdy materials that are at least four (4) feet in height which prevent or obstruct passage.

Prune or trim: To reduce, shorten or diminish gradually a tree, plant or parts of a plant without altering the existing shape.

Remedial action: A corrective action required to offset the impacts of tree abuse, as defined herein.

Removal: To cut down, dig up, destroy, effectively destroy, or the unpermitted relocation of any tree.

Setback in yard areas or yard setback areas: The front, side(s), and rear yard setback as required by the applicable zoning regulations; area of non-buildable land.

Serve: Notice by the same procedures as required for Code Enforcement Boards pursuant to F.S. § 162.12, as amended, or as provided for in this chapter.

Shape: The regular and frequent shearing of outer branches, making pruning cuts of one (1) inch in diameter or less, for the purpose of controlling the size and shape of the tree canopy, except where shaping of branches is necessary for the protection of property or for public safety purposes which cannot be remedied by pruning which is not defined as tree abuse.

Shearing: The cutting of many small diameter stems of one (1) inch in diameter or less.

Shrub: A bushy, woody, multi-stemmed plant.

Site specific plants: The selection of plant material that is particularly well suited to withstand the physical growing conditions which are normal for that location.

Specimen tree: Any tree which has a DBH of eighteen (18) inches or greater; with the exception of the following:

(a)

Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados, or citrus.

(b)

Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), F. jacquinifolia;

(c)

All multi-trunk palms.

(d)

Trees that are in poor condition or form as determined by the City.

Storage area: Any exterior area used for the keeping of garbage or trash can, dumpster, newspaper containers, oil or bottled gas tanks, swimming pool equipment, air conditioning and mechanical appurtenances.

Structure: Anything built or constructed. Examples include, but are not limited to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches, roads, utility installation, transmission lines, track and advertising signs.

Subcanopy: An intermediate level of trees and other vegetation within a Natural Forest Community.

Substantial deviation: Any proposed modification or modification to a development, a permit or a permit application which, either individually or cumulatively with other changes, creates a reasonable likelihood of additional environmental impact, as covered by the scope of this section.

Swale: That area owned by another which separates private property and waterway, streets, and other common improved areas. It may also be used as a ground collector of water for a designed drainage system. The center of the swale is halfway between the edge of the sidewalk and the edge of the pavement, and the size of the swale depends, on the width of the road right-of-way when the swale separates private property and streets.

Topiary pruning: The practice of pruning a tree into an ornamental shape by pruning branches one (1) inch in diameter or less.

Tree: Any self-supporting wood perennial plant, which at maturity obtains a trunk diameter of at least three (3) inches or more when measured four and one-half (4½) feet above ground level and which normally obtains an overall height of no less than fifteen (15) feet, usually with one (1) main stem or trunk and many branches.

Tree abuse:

(a)

Hatracking a tree; or

(b)

Destroying the natural habit of tree growth; or

(c)

Pruning which leaves stubs or results in a flush cut; or splitting of limb ends; or

(d)

Removing tree bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third (⅓) of the length of the line falls on portions of the tree where bark no longer remains; or

(e)

Using climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by standards set by the American National Standards Institute, as amended; or

(f)

Pruning that does not conform to standards or recommendations set by the American National Standards Institute, as amended; or

(g)

Pruning of live palm fronds which initiate above the horizontal plane.

(h)

Overlifting a tree; or

(i)

Shaping a tree.

Tree canopy: The crown diameter or spread of a tree.

Tree removal permit: A written authorization with conditions issued by the City to remove or relocate a tree.

Tree survey: A document signed and sealed by a Florida Registered Land Surveyor meeting the requirements of F.S. § 472.025, as amended, which must provide, at a minimum, the following information:

(a)

The location, plotted by accurate techniques, of all existing non-nuisance trees;

(b)

The common and scientific name of each tree;

(c)

The DBH of each tree, or if a multiple-trunk tree, the sum DBH for all trunks; and

(d)

Canopy coverage, if required by the City.

Tree topping: The trimming of a tree to prevent the natural upwardly growth of a tree, significantly altering its natural shape, except where shaping of branches is necessary for the protection of property or for public safety purposes which cannot be remedied by pruning which is not defined as tree abuse.

Understory: The assemblages of natural low level woody and ground cover species which exist in the area below the canopy of the trees.

Undeveloped land: Land having no building or buildings thereon which are permanent in nature.

Vehicular use area: An area utilized or designed for vehicular circulation, parking, access, delivery or emergency service.

Vine: A plant whose natural growth produces a climbing stem, requiring support to reach its mature form.

Water bank area: The ascending slope which rises from the normal water line of a permanent body of water, which confines the body of water and separates it from the adjacent land.

Wildlife utilization: An area used by wildlife for habitat/feeding.

6.8.5. General Prohibitions. Unless otherwise authorized by this section, no person shall cause, suffer, permit or allow:

(a)

The removal of any historical tree without first obtaining approval from the Commission to conduct the removal.

(b)

The removal of any tree without first obtaining a tree removal permit from the City as herein provided.

(c)

Tree abuse as defined by this section.

(d)

Any encroachments, excavations, or change of the natural grade within the drip line of a tree unless it can be demonstrated to the City prior to the commencement of said activity that the activity will not negatively impact any tree.

(e)

Land clearing or the operation of heavy equipment in the vicinity of a tree without placing and maintaining a protective barrier around the drip line of the tree. The protective barrier shall be conspicuous enough and high enough to be seen easily by operators of trucks and other equipment.

(f)

The storage or use of materials or equipment within the drip line of any tree, or attachments, other than those of a protective and non-damaging nature, to any tree.

(g)

Land clearing, including understory, in an area designated as a Natural Forest Community without first obtaining a Tree Removal Permit from the City.

6.8.6. General Exemptions. Exemptions from permitting: Unless otherwise prohibited by the section, the following activities are exempted from the permitting requirements of this section provided that no nuisance or any condition which adversely affects the environment or public health is created, and provided that the activity does not violate any provisions of the section, or federal, state, or local government regulations:

(a)

During emergency conditions caused by a hurricane or other natural disaster, the provisions of this section may be suspended by the Commission.

(b)

Nuisance trees. Nuisance trees as defined by this section are exempt from the prohibitions set forth in Section 6.8.5 provided that no condition is created which poses an imminent threat to public safety or property. In such cases, the nuisance tree shall be removed to alleviate any threat. Failure to remove said tree after warning from the City shall constitute a violation of this section.

(c)

Removal of tree species occurring in regulated waters as defined by Sections 27-331 to 27-339 of the Broward County Code of Ordinances.

(d)

Removal of any tree that is hazardous to the extent that its continued existence creates an imminent threat to public safety or property. In order to claim this exemption, the owner of the property must document by photographs or other evidence that such condition(s) existed prior to the removal of the tree.

(e)

After prior written notice to and written approval by the City, removal of any tree on owner-occupied residential properties developed for detached single-family and duplex usage, except the following:

(1)

Previously preserved, relocated or replaced trees that were preserved, relocated or replaced pursuant to a tree removal permit; or

(2)

Historical or specimen trees;

(f)

Removal of trees by all permitted and governmental nurseries, botanical gardens and commercial grove operations, but only in relation to those trees which are planted and grown for the sale or intended sale to the general public in the ordinary course of the permitted business;

(g)

Removal of trees, except historical or specimen trees, by franchised utility companies provided that:

(1)

The utility company provides written notice to the City and the record owner of the property on which the trees proposed to be removed are located of the intent to remove trees; the written notices shall be delivered, at minimum, fifteen (15) days prior to the intended tree removal; and

(2)

The utility company can demonstrate to the City prior to tree removal that:

a.

The tree will cause a continual disruption of service. A specimen palm tree may be removed under this exemption;

b.

The easement or property was in actual use conveying utilities prior to the effective date of this section; and

c.

The threat of service interruption cannot be remedied by tree pruning in accordance with standards as set by the American National Standards Institute, as amended.

6.8.7. Tree Removal Permit Requirements and Standards.

(a)

Permit requirements:

(1)

Unless otherwise exempted by this section, a person shall obtain a tree removal permit prior to relocating or removing a tree.

(2)

Unless otherwise exempted by this section, any person who removes a tree in violation of this section shall be required to offset any environmental impacts through mitigation.

(3)

Application forms: A permit application for removing or relocating trees shall be submitted by a property owner or authorized agent of the owner, on the City approved application form(s).

(4)

Fees: The permit application must be accompanied by the required fee(s) as established by the Commission. Permit application fees are nonrefundable and nontransferable.

(5)

Required application data: The permit application must be accompanied by documents and drawings as required by the City that describe the proposed activities to be performed in sufficient detail to meet the standards in this section and to clearly identify all potential impacts to the environment and public health Application data required shall include, but is not limited to:

a.

A map showing the size and location of the site where the permitted activities are to be conducted;

b.

A starting date and duration of the proposed activities;

c.

A brief description of the work to be performed, including a drawing of the proposed work or a certified site plan, as determined by the City, showing the location of all existing or proposed buildings, structures, and site uses;

d.

For development on undeveloped property or for redevelopment of property, a certified tree survey and site plan of identical scale designating those trees which are proposed to be preserved, relocated, or removed is required. All tree survey(s) or site plan(s) must be prepared by a person(s) qualified to do so under the Laws of Florida;

e.

The legal description of the site.

(6)

Action on permit application shall be in accordance with the provisions as established by resolution of the City Commission.

(b)

Permitting standards for tree removal, relocation and replacement:

(1)

Any person conducting tree removal activities shall only remove a tree or trees from a site as approved for removal in a City tree removal permit.

(2)

Permits shall be issued or denied in accordance with the provisions as established by resolution of the Commission.

(3)

The term of a tree removal permit shall be in accordance with the provisions as established by resolution of the Commission.

(4)

An applicant may be eligible to receive a tree removal permit if one (1) of the following considerations is present:

a.

Whether a proposed development cannot be located on the site without tree removal;

b.

Whether the applicant has made every reasonable effort to incorporate existing trees in the development project and to minimize the number of trees removed;

c.

Whether a tree proposed to be removed is of poor quality and condition;

d.

Whether a tree proposed to be removed is obstructing safe vehicular cross visibility;

e.

Whether a tree proposed to be removed is damaging existing improvements;

f.

Whether a tree proposed to be removed is creating ongoing safety problems for existing development; or

g.

Whether a tree proposed to be removed is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s).

If an application meets the above criteria, the City will, prior to issuing any tree removal permit, conduct a tree relocation evaluation pursuant to Section 6.8.7(d)(1).

(c)

General requirements for tree removal; relocation and replacement. Any person conducting tree removal, relocation or replacement activities shall:

(1)

Refrain from unnecessarily damage any other tree or trees remaining on-site while planting or preparing the site for any tree(s);

(2)

Plant a relocated or replacement tree so that it will not interfere with existing or proposed utilities, either above or below ground. A relocated tree which may reach a height of thirty (30) feet shall not be placed within twenty (20) feet of an overhead powerline or as outlined in Selecting and Planting Trees for the South Florida Urban Forest;

(3)

Relocate a tree within the City;

(4)

Use xeriscape installation and maintenance methods where practicable;

(5)

Complete tree replacement or relocation within six (6) months of the issuance of a City tree removal permit unless granted an extension by the City.

(6)

Ensure successful relocation and transplanting of trees by adhering to the following guidelines for transplanting a tree;

a.

Any tree being relocated shall not be unnecessarily damaged during removal, transport or replanting of that tree;

b.

If a tree has a dormant period, it should be transplanted during that time. A tree should not be transplanted during periods of strong, dry winter winds or during droughts;

c.

Plant tree(s) in an area with adequate space for root and canopy development following Florida Power and Light's Right Tree in the Right Place guidelines;

d.

Prior to transplanting, the tree shall be root and canopy pruned according to sound arboricultural standards. All crown pruning shall be done in accordance with standards set by the American National Standards Institute, as amended;

e.

During and following transplanting of a tree, the root ball and trunk shall be protected. The root ball must be kept moist at all times;

f.

A transplanted tree shall be braced for at least one (1) year after its relocation; and

g.

A transplanted tree shall be fertilized as appropriate and shall be watered sufficiently until tree growth is re-established.

(d)

Tree relocation:

(1)

Evaluation: For tree relocation, the City shall make the following evaluations:

a.

A tree which meets the criteria for removal as specified in Section 6.8.7(b)(4) shall be relocated, unless it is demonstrated that relocation is not a viable alternative for a particular tree. If relocation is not a viable solution, the applicant shall replace a removed tree, pursuant to the requirements set forth in this section; and

b.

Whether relocation is on the property or off the property, due to lack of available space on the property. Where relocation is to occur onto another property, written authorization from the property owner shall be required.

(2)

Bond requirements:

a.

Unless otherwise exempted by this section, any person conducting tree relocation activities involving specimen trees must post a bond to insure the survival of specimen trees designated for preservation. Said bond shall meet the approval of the City Attorney and may be in the form of a letter of credit drawn upon banks or savings and loan institutions legally doing business in the State of Florida, cash bonds issued by an insurance company legally doing business in Florida or other acceptable means as approved by the City Attorney's Office. This bond shall be in addition to any other bond that may be required by any other governmental entity.

b.

Determination of the bond amount shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture.

c.

Government entities are exempt from bond requirements.

d.

Release of bonds:

1.

Tree relocation bonds will be released upon successful tree relocation as set forth in Section 6.8.7(g) of this article and written approval by the City. Bonds involving specimen trees shall be released upon completion of construction activities, if it is determined by the City that the tree(s) is/are not effectively destroyed.

2.

Bonds may be released by the City of Lauderhill when a tree removal permit is transferred. City of Lauderhill may condition the release of the bond upon the posting of a new bond by the subsequent permittee.

e.

Drawing on bonds:

1.

If a tree is determined by the City to be effectively destroyed within one (1) year from the date of relocation, the bond shall be drawn upon and funds will be deposited into the City of Lauderhill Tree Preservation Trust Fund. Said funds will be expended pursuant to Section 6.8.13 of this article.

(e)

Tree replacement in lieu of tree relocation:

(1)

When it is determined by the City that tree relocation cannot be accomplished, an applicant shall replace trees pursuant to Section 6.8.7(f) of this article.

(f)

Tree replacement requirements:

(1)

Tree replacement requirements for non-specimen trees:

a.

If the City determines that a removed tree cannot be successfully relocated, said tree shall be replaced to compensate for lost tree canopy coverage.

b.

The following criteria shall be used by the City to determine the tree replacement requirements:

1.

The tree canopy coverage of a site shall be determined using any combination of the following methods:

(i)

Review of aerial photography;

(ii)

On-site inspection; and/or

(iii)

Review of a tree survey.

2.

A tree that is successfully relocated pursuant to Section 6.8.7(g) need not be replaced.

3.

Native trees identified in Appendix 1 of this section must be planted to replace native tree canopy coverage removed.

4.

For tree replacement requirements of one (1) to five (5) trees, a minimum of one (1) species shall be utilized as a replacement tree. For six (6) to ten (10) replacement trees required, a minimum of two (2) species shall be utilized. For eleven (11) to twenty (20) replacement trees required, a minimum of three (3) species shall be utilized. For twenty-one (21) to fifty (50) replacement trees required, a minimum of four (4) species shall be utilized. For fifty-one (51) or more replacement trees required, a minimum of five (5) species shall be utilized.

5.

For trees removed pursuant to Section 6.8.7(b)(4)(a,b,c), an additional fifty (50) percent tree replacement shall be required.

6.

The number of required replacement trees shall be based upon the size of area of impact and the category of replacement trees selected by the applicant. The canopy of the replacement trees at maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees: