There is hereby established a chapter named "Zoning" which describes the use of land within the city. Functional uses shall either be: permitted by-right; permitted by-right but having specific, detailed requirements; permitted as an accessory use; permitted as a temporary use; permitted as a conditional use; out-right prohibited; or considered non-conforming. Uses must be consistent with the city's comprehensive plan future land use element (FLUE). A use that is not specifically mentioned in this LDC and that does not relate to any mentioned category or like use shall be deemed prohibited, as determined by the director.

For all districts described in this chapter, buildings and structures, all or in part, shall only be erected, altered or used, or land used in whole or part for the uses noted in the permitted use, accessory use, conditional use, temporary use or specific use regulations of the respective subsection for those districts. Under no circumstances shall a prohibited use or structure be permitted in such district. Furthermore, use variances shall not be permitted. Approval of site plan, conditional use. ZCU, BTR and home BTR, and TUP, and permit applications shall be consistent with this LDC and the city's comprehensive plan. Notwithstanding any other provision of this LDC or the city code of ordinances, the issuance of a BTR does not create a vested right or entitlement to a particular use or structure.

Purpose. To effectively promote compatibility, convenience, health, safety, and general welfare in addition to being consistent with and accomplishing the purposes of the city's comprehensive plan FLUE, these regulations divide the city into districts (see Table 401-1). References to the FLUE and future land use map (FLUM) shall refer to those portions of the city's adopted comprehensive plan, as may be amended from time to time.

401.1. Division of City into Districts.

For the purpose of regulating the use of land, water and building(s), and height, bulk, population density, the intensity of use and open space, the city is hereby divided into the following zoning districts:

Residential Districts

Rural Residential Districts

• Rural District (RL)

• Suburban Estate (E)

• Residential Single-family-1 (RS1)

Single-family Residential Districts

• Residential Single-family-2 (RS2)

• Residential Single-family-3 (RS3)

• Residential Single-family-4 (RS4)

• Residential Single-family-5 (RS5)

• Residential Single-family-6 (RS6)

• Residential Single-family-7 (RS7)

• Residential Single-family-8 (RS8)

• Planned Unit Development Districts (PUDs)

• Trailer/Mobile Home Park District (T)

Multi-family Residential Districts

• Low Medium Density Residential-1 (RM1)

• Medium Density Residential-2 (RM2)

• Medium High Density Residential-3 (RM3)

• Medium Density Residential-4 (RM4)

When the term "residentially zoned" properties is utilized in this LDC, it shall refer to the above designated residential zoning districts.

Non-residential Districts

Civic and Recreational Districts

Conservation District (CNS)

Recreation/Open Space District (OS)

Commercial Recreation District (CR)

Community Facilities District (CF)

Utilities District (U)

Activity Center Districts

Neighborhood Business (B1)

Community Business (B2)

Heavy Business (B3)

Workplace Districts

Office Park (OP)

Employment Center (EC)

Planned Industrial Development (PID)

Mixed-Use Districts

Traditional Neighborhood Development (TND)

Mixed-Use High (MH)

Mixed-Use Low ML (ML)

TABLE 4-401: ZONING DISTRICTS

The zoning districts contained herein generally correspond by name and purpose to the categories of the city's adopted FLUE; however, some districts may be applied to more than one future land use category.

Districts within the Transit Oriented Corridor land use designation (i.e. TOC-RS, ROC-RM, ROC-ML, TOC-MH, TOC-SD1, TOC-SD2, TOC-SD3) shall be regulated by Section 715 unless otherwise stated in said section.

401.1.1. Distance Separations. When certain uses in this LDC throughout this chapter, are required to have a minimum distance separation from the same or different uses, then that distance shall be measured using a straight airline measurement from the primary entry/doorway of the proposed use to the nearest property line of the other zoned or used property. In addition to those included in other subsections of this chapter, the following standards also apply;

(a)

Residentially-zoned property or uses shall not be located within 200 feet of any fuel service station. Where the pump service area is screened by the principal building, this distance may be reduced to 150 feet.

(b)

Commercial recreation, community facilities, recreation/open space, or residentially zoned properties, shall not be permitted to be located within 1,500 feet of an adult entertainment use.

401.2. Water Area. The water surface and land under the water surface of all canals, waterways, lakes and other water areas in the city not otherwise zoned is hereby placed in the same zoning district as the land which it abuts as shown on the Official Zoning Map. When the zoning districts shown on the zoning map are different on opposite sides of the water area, then the kind of zoning district on each side shall extend to the centerline or midpoint of the water area. For convenience of mapping and clarity, the zoning of water areas is not shown on the zoning map but is determined by the provisions of this section.

401.3. Districting of Vacated Ways. Where a street or alley shown on the Official Zoning Map is hereafter officially vacated by re-platting 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 or more different zoning districts, the new district boundary shall be the former centerline of the vacated street or alley.

401.4. Boundaries of Districts. Unless otherwise shown, the zoning district boundaries are street lines, alley lines or subdividing or boundary lines of recorded plats or the extensions.

401.5. Zoning for Annexed Areas. All areas hereafter annexed into the city shall be designated as the city's zoning districts) which most closely resembles the more restrictive land designation of the effective FLUE/FLUM or the zoning district previously applicable for the annexed area under the requirements of the previous jurisdiction, providing said zoning district is consistent with the effective FLUE/FLUM. After the comprehensive plan is amended to include the annexed property and a land use designation is assigned, the commission shall adopt a zoning designation consistent with the Land Use Plan (LUP) and this LDC.

(Ord. No. 18-01, § 4(Exh. C), 11-1-17; Ord. No. 18-05, § 3, 11-27-17; Ord. No. 20-09, § 2(Exh. A), 3-18-20)

These residential districts are intended to provide for residential development in conformance with the parcel's LUP designation. A residential parcel's zoning designation shall be equivalent to the designation of the LUP. The number of dwelling units permitted per gross acre of a zoning parcel, as defined in this LDC, shall not exceed the total number of dwelling units permitted by the city's LUP designation for the zoning parcel. The uses within this district shall be consistent with, but may be more restrictive than, the corresponding residential land use plan category permitted uses. These zoning districts shall be applied to land designated Residential or Regional Activity Center on the city's LUP map. A development parcel also may have a maximum number of dwelling units based on adopted DRI development orders.

402.1. Rural District (RL).

Purpose of District. This district is intended to serve as an area where low density residential development coexists with agricultural and related uses. Clustering of uses and dedication of open space in undeveloped areas are encouraged. The total number of dwelling units on a zoning parcel shall not exceed the total number of dwelling units permitted by the city's LUP designation for the parcel. The uses within this district shall be consistent with, but may be more restrictive than, the Rural LUP category permitted uses. This zoning district shall be applied to land designated Rural on the City's LUP map.

402.2. Estate Residential Districts (E) and (RS1).

Purpose of Districts. The E (Suburban Estate district") is a low density, semi-rural residential district, which permits limited agricultural activities on plots at least two acres in size.

The RS1 zoning district is established for one-family detached dwelling on plots at least one acre in size.

402.3. Single-family Residential Districts (RS2. RS3. RS4. RS5. RS6. RS7. RS8).

Purpose of Districts. The R1B district in existence prior to 2017 has been renamed to RS2. RS8 is a new zoning district similar to the TOC-RS to provide property owners and developers the flexibility to design and construct desirable and efficient structures and smaller properties.

The RS2, RS3, RS4, RS5, RS6, RS7, and RS8 zoning districts are established for one-family living environment with a wide range of lot sizes to be utilized for individually-owned, one-family homes.

402.4. Multi-family Residential Districts (RM1, RM2, RM3, RM4).

Purpose of Districts. The RM10, RM16, and RM25 districts in existence prior to 2017 have been renamed to RM1, RM2 and RM3, respectively. RM4 is a new zoning district similar to the TOC-RM to provide property owners and developers the flexibly to design and construct desirable and efficient structures and smaller properties outside of the Transit Oriented Corridor Land Use.

The RM1, RM2, RM3, and RM4 zoning districts are established for low, medium, medium-high and high density multi-family residential units and single-family detached structures.

402.5. Planned Unit Development Districts (PUDs.)

Purpose of Districts. Planned Unit Developments (PUDS) were adopted by master development plans that met the level of development quality required by the city, but that may not have standard design features and regulations permitted by any of the city's other existing zoning districts. The intent of these districts was to offer development design flexibility to developers, in order to encourage imaginative, functional development planning. Refer to Table 402-6 for the adopted standards of existing PUDs. New PUDs are no longer permitted. For PUDs with a non-residential, commercial component, the closest, comparable district based on existing conditions and parking standards shall apply. For any standards that were not adopted by ordinance or resolution, the closest, comparable and adjacent single-family or multi-family district regulations shall apply.

402.6. Trailer/Mobile Home Park District (T).

Purpose of District. This district is designed to accommodate, create, and encourage high-quality residential mobile home subdivisions and mobile home parks by permitting uses, activities, and services which are compatible with the residential environment. This district shall be permitted in the Low 5, Low Medium 10, and Medium 16 LUP categories.

TABLE 402-1

TABLE 402-2
SINGLE-FAMILY RESIDENTIAL DISTRICTS BULK REGULATIONS

TABLE 402-3
MULTI-FAMILY DISTRICTS BULK REGULATIONS

TABLE 402-4
MINIMUM FLOOR AREAS

NOTE: Table 402-5 has been deleted at the direction of the city.

TABLE 402-6
PLANNED UNIT DEVELOPMENT (PUD) RESIDENTIAL DISTRICTS

(Ord. No. 18-01, § 4(Exh. C), 11-1-17; Ord. No. 18-07, § 14, 3-7-18; Ord. No. 20-09, § 2(Exh. A), 3-18-20; Ord. No. 24-01, § 2(Exhs. A, B), 11-1-23; Ord. No. 24-02, § 6(Exh. E), 11-1-23)

403.1. Civic and Recreational Districts.

403.1.1. Conservation (CNS) Zoning District.

Purpose of District. The Conservation (CNS) zoning district is intended to provide for only those uses compatible with the continuing conservation of the natural resources located within the district. The uses within this district shall be consistent with, but may be more restrictive than, the Conservation FLUE category's permitted uses. This zoning district shall only be applied to land designated Conservation on the city's FLUM.

403.1.2. Recreation/Open Space (OS) Zoning District.

Purpose of District. The Recreation/Open Space (OS) district is intended to provide for the recreation and open space needs of the city. The uses within this district shall be consistent with the Recreation and Open Space LUP category permitted uses. This zoning district may be applied to land designated Recreation and Open Space. Transit Oriented Corridor. Rural. Residential. Commercial. Regional Activity Center, and Commercial Recreation on the city's LUP map. Because of the nature of uses involved and the variety of arrangements of uses and facilities, broad general regulations for plot size, yards, setbacks and height must be adequate for any location at which an OS district may be established.

403.1.3. Commercial Recreation (CR) Zoning District.

Purpose of District. The Commercial Recreation (CR) district is intended to provide for major public and private commercial recreational activities, including civic and cultural facilities, which offer recreational opportunities to residents and tourists. Recreational activities may be of a spectator or participant type. CR includes, but is not limited to, sports arenas, racetracks, theme parks, amusement parks or golf courses, and may include movie theaters, bowling alleys, health clubs, pool halls, or video arcades, if they are accessory uses to the main recreational uses. The uses within this district shall be consistent with, but may be more restrictive than, the Commercial Recreation LUP category permitted uses. This zoning district may be applied to land designated Commercial Recreation. Commercial, or Regional Activity Center on the city's LUP map.

403.1.4. Community Facilities (CF) Zoning District.

Purpose of District. The community facilities (CF) district is intended to generally provide for institutional uses such as places of worship and public assembly, schools, government and cultural buildings, public facilities, hospitals, parks and other public facilities which benefit the community, provided that these uses may be further regulated and reviewed through conditional use approval in order to ensure that the location of such uses is compatible with surrounding development and infrastructure. The regulations of uses within this district shall be consistent with, but maybe more restrictive than, the Institutional and Public Facilities LUP category permitted uses. This zoning district may be applied to land designated Institutional and Public Facilities. Regional Activity Center. Transit Oriented Corridor. Rural. Estate. Residential, and Commercial on the city's LUP map.

403.1.5. Utilities (U) Zoning District.

Purpose of District. The Utilities district (U) is intended to provide for all public and private utility uses. The uses within this district shall be consistent with, but may be more restrictive than, the Utilities LUP category permitted uses. This zoning district may be applied to land designated Utilities, Rural, Estate, Residential, Commercial, Industrial, and Regional Activity Center on the city's LUP map.

403.2. Activity Centers (Commercial Zoning Districts). These commercial districts are intended to provide for commercial development in conformance with the comprehensive plan and allow for a variety of zoning districts to accommodate the city's business and commerce, entertainment, social and lifestyle enhancement needs. The uses within these districts shall be consistent with, but may be more restrictive than, the Commercial LUP category permitted uses. These zoning districts may be applied to land designated Commercial or Regional Activity Center on the LUP map or to land which qualifies for small-scale commercial uses pursuant to the LUP's commercial flexibility rules.

403.2.1. Neighborhood Business (B1) District.

Purpose of District. The primary function of this district is to provide small convenience shopping and service facilities to a surrounding neighborhood. It is intended that the uses within this district caters to and is compatible with the neighborhood it serves. The district is appropriate for location on a collector or an arterial roadway.

403.2.2. Community Business (B2) District.

Purpose of District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways.

403.2.3. Heavy Business (B3) District.

Purpose of District. This district is intended to provide locations for planned commercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan; and for a wide range of goods and services to serve a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards, and have direct access to arterial roadways, particularly major arterials.

403.3. Workplace (Office and Industrial) Zoning Districts.

These workplace and industrial districts are intended to provide for light industrial and office park development in conformance with the comprehensive plan and allow for a variety of uses to accommodate the city's industrial and commercial needs. The uses within this district shall be consistent with, but may be more restrictive than, the Industrial LUP category permitted uses. This zoning district may be applied to land designated Industrial. Employment Center. Office Park or Regional Activity Center on the City's LUP map.

403.3.1. Office Park (OP) District.

Purpose of District. This district is intended to provide for high-quality, semi-professional and professional offices in a campus setting. The uses within this district shall be consistent with, but may be more restrictive than, the Office Park land use plan category permitted uses. This zoning district may be applied to land designated Office Park. Employment Center or Regional Activity Center on the city's land use plan map.

403.3.2. Employment Center (EC) Zoning District.

Purpose of District. The employment center CEO district is intended to provide for corporate and business park development geared to employment generating light industrial, research and development and complementary commercial and service uses. Properties in this district should be located in proximity to major transportation corridors. The uses within this district shall be consistent with, but may be more restrictive than, the Employment Center land use plan category permitted uses. This zoning district may be applied to land designated Employment Center or Regional Activity Center on the city's land use plan map. The minimum area for an EC district is forty (40) acres.

403.3.3. Planned Industrial Development (PID).

Purpose of District. This district is intended to provide a protective zone for campus-like environments that will encourage the development of nonpolluting light industry and compatible uses which support the economic base of the city. The development standards in this district are intended to provide a healthful operating environment for light industry and compatible uses, for the protection of light industry and compatible uses from the encroachment of other uses adverse to the operation of such district, to protect business within the district from the adverse effect of incompatible uses and to reduce to a minimum the impact of the district on surrounding noncommercial land use. The uses within this district shall be consistent with, but may be more restrictive than, the industrial land use plan category permitted uses. This zoning district may be applied to land designated Industrial. Employment Center or Regional Activity Center, on the city's land use plan map. The minimum area for a PID zoned property is forty (40) acres.

TABLE 403-1

TABLE 403-2
NON-RESIDENTIAL DISTRICTS BULK REGULATIONS

(Ord. No. 18-01, § 4(Exh. C), 11-1-17; Ord. No. 18-05, § 3, 11-27-17; Ord. No. 18-07, § 15, 3-7-18; Ord. No. 19-14, §§ 2, 3, 2-20-19; Ord. No. 20-09, § 2(Exh. A), 3-18-20; Ord. No. 24-01, § 2(Exh. C), 11-1-23)

404.1 Mixed-Use Districts.

The purpose of the mixed-use districts is to provide flexibility for residential, retail, and workplace uses that encourage pedestrian-friendly site design, building mass, density, and circulation for properties. It is the intent of this LDC to further sustainability, energy efficiency, compact urban development patterns, and mass transit policies of the comprehensive plan. These zoning districts may be applied to the Regional Activity Center land use designation as well as other land use designations through flexibility or reserve unit allocation.

404.2. Traditional Neighborhood Development (TND) District.

Purpose of District. The Traditional Neighborhood Development (TND) district is provided for the development of new neighborhoods and the revitalization or extension of existing neighborhoods, which are structured upon a network of interconnecting pedestrian oriented streets and other public spaces. These developments are intended to offer a mixture of housing types and prices, prominently sited civic or community buildings, and stores/offices/workplaces to provide a balanced mix of activities. A TND has a recognizable center and should be designed to integrate with the surrounding community; the optimum size of a TND is a garter mile from center to the edge.

404.3. Mixed-Use High and Mixed-Use Low Districts.

Purpose of Districts. Mixed-use High (MH) and Mixed-use Low (ML) categories encourage compact, first-rate projects based upon Smart Growth design principles, a variety of uses within developments, pedestrian-oriented streets, and public mobility options. The type of uses allowed and further detailed regulations such as the height, volume, and form of buildings and structures; the area of yards and other open spaces; and the density and intensity of these uses, are determined by the applicable mixed-use district.

TABLE 404-1
MIXED-USE DISTRICTS BULK REGULATIONS

(Ord. No. 18-01, § 4(Exh. C), 11-1-17; Ord. No. 18-07, § 16, 3-7-18; Ord. No. 20-09, § 2(Exh. A), 3-18-20)

The specific conditions set out below shall be applied to each proposed use during site plan and/or conditional use review (if applicable).

405.1.1 Types. An Accessory Dwelling Unit (ADUs) is an ancillary or secondary living unit, that has a separate kitchen, bathroom(s), and sleeping area(s), existing either within the same structure, or on the same lot, as the primary dwelling unit.

405.1.2 Where Permitted. ADUs are allowed as an accessory use to a single-family detached dwelling, as per TABLE 402-1, Principal Use Table for Single-family and Multi-family zoning Districts, and providing that such structure meets the development and use standards as follows, and all other applicable standards of this Land Development Code, as amended from time to time.

405.1.3 Use. An ADU may be rented, or may be utilized by family members, guests and/or persons employed on site by the resident family of the principal dwelling;

405.1.4 Utilities. The ADU must share utilities with the primary residence and separate utility meters are not permitted.

405.1.5 Affidavit. The owner(s) of the parcel shall provide an affidavit attesting that the ADU will be in compliance with all applicable requirements of the City Code of Ordinances, the minimum housing standards of the Broward County Code of Ordinances, as well as the provision of Section 163.31771, FS, as amended from time to time.

405.1.6 Development Standards.

(a)

Number. No lot shall contain more than one accessory dwelling unit.

(b)

Location. Any proposed detached ADU must be located to the side or rear of the primary dwelling, to the best extent physically possible.

(c)

Square Footage. An ADU must not exceed 50% of the total square footage of the primary dwelling unit including unairconditioned areas, but in no case be greater than 1,200 square feet and in no case shall be less than 300 square feet in area.

(d)

Plot Coverage. Where applicable, any proposed ADU shall be within the plot coverage requirement of the zoning district where it is located.

(e)

Height. The maximum height of an ADU shall be two (2) stories. In no event, shall the height of the ADU exceed that of the primary dwelling.

(f)

Architecture. An ADU shall be architecturally compatible with the primary dwelling.

(g)

Parking. One (1) off-street parking space must be provided for a proposed ADU with two (2) sleeping areas or less. Two (2) off-street parking spaces must be provided for a proposed ADU with more than two (2) sleeping areas.

(h)

Setbacks.

• Any proposed attached ADU shall be subject to the same front, side, side street and rear setbacks as the primary dwelling.

• Any proposed detached ADU shall be subject to the following setback requirements:

• Side and side street setbacks: same as the primary dwelling

• Rear setback (detached): 10 feet for a one-story structure, and 15 feet for a two-story structure.

(i)

Entrances. An attached ADU may either share a common entrance with the primary dwelling unit and/or use a separate entrance, which shall be located only to the side or rear. A separate front entrance for an attached ADU shall be prohibited unless it is located within a personal courtyard area not visible from the right-of-way

(j)

Easements. Shall be located outside any dedicated easements. This may include but is not limited to a Lake Maintenance Easement, Drainage Easement, Utility Easement, and Landscape Easement.

(k)

Nonconformity. In no event shall the establishment of an ADU create a new nonconformity or expand an existing nonconformity. Conversion of detached garages or other accessory buildings and structures for the purpose of creating an accessory dwelling unit shall be permitted only if the newly created dwelling unit is permitted and all code requirements are satisfied.

(l)

Impact Fees. Impact fees shall be assessed for the police and fire protection, water and sewer capacity, and park and recreation fees that are created by the additional unit.

405.2. Adult Entertainment Uses and Establishments.

405.2.1. Intent. This subsection shall be liberally construed to accomplish its purpose to regulate and provide proper and adequate locations that would be compatible for proposed adult entertainment uses and establishments while keeping consistent with the city's comprehensive plan and vision. Adult entertainment uses as defined in section 201 shall be a permitted use within the PID district, subject to distance separation requirements as noted below.

It is the intent of the city commission, in adopting this subsection, to establish reasonable and uniform regulations that will reduce the adverse secondary effects that adult entertainment establishments have upon the residents of the city and protect the health, safety, aesthetics, morals and general welfare of the people of the city. It is further intended to provide for the proper location of adult entertainment uses in the city; to require a separation between such uses to avoid clustering; and to require separation from and thereby protect the integrity of incompatible uses in nearby neighborhoods, including residences, schools, places of worship, public parks and other commercial enterprises. Proper separation of adult entertainment uses prevents the creation of skid row areas in the city, which otherwise result from the concentration of these establishments and their patrons. This subsection has neither the purpose, nor the effect, of limiting or restricting access by adults to sexually-oriented, non-obscene materials protected by the First Amendment to the U.S. Constitution, or denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is instead the intent to limit the secondary effects of regulated uses through content-neutral regulation as set out in this subsection. Furthermore, the commission has found that the location of residential uses within viable, un-blighted and desirable areas supports the preservation of property values and promotes the health, safety, aesthetics, and welfare of the city and the public at large.

405.2.2. Conflicts with Other Laws. Whenever the regulations and requirements are in conflict or at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply.

405.2.3. Penalty for Violation of Subsection. Any person violating the provisions shall, upon conviction by a court of competent jurisdiction of any offense involving moral turpitude in connection with the operation of such adult entertainment establishment, be subject to the penalties of the LDC, city code, or by any other means authorized by law including, but not limited to, the revocation of a zoning certificate of use. The city code compliance officer shall immediately issue a written notice of intent to revoke the local business licenses and permits.

405.2.4. District and Distance Separation Regulations. See Tables 405-1 and 405-2.

TABLE 405-1
DISTRICT REGULATIONS*.

TABLE 405-2
DISTANCE REGULATIONS*

405.3. Agricultural Activities, Farm Animals and Food Production.

405.3.1. Rural Farms. Agricultural activities including: field, commercial and non-commercial crops; horticulture; silviculture; fruit and nut production; beekeeping; farm animals; horse and cattle ranching; groves; tree and plant nurseries; poultry and egg production; milk production; animal breeding, raising, training, stabling or kenneling; and all associated activities, shall be permitted on parcels designated Rural or Estate on the LUP map, consistent with the goals, objectives, and policies of the comprehensive plan. Such activity shall not be conducted so as to become a nuisance to adjacent properties or the neighborhood. Any structure within RL, E, and RS1 districts shall be located at least 50 feet from any lot line.

TABLE 405-3
DISTRICT REGULATIONS.

405.3.2. Urban Agriculture.

405.3.2.1 Operating Standards for Urban Farms.Urban Farm definition. An establishment where edible or ornamental crops are grown or processed to be sold or donated that includes, but is not limited to, outdoor growing operations, indoor growing operations, vertical farms, aquaponics, aquaculture, hydroponics and rooftop farms.

Urban Farms are permitted on property zoned B1, B2, B3, PID, TND, MH, ML, SD, RL, E, RS1 and by conditional use on RS2, RS3, RS4, RS5, RS6, RS7, RM1, RM2, RM3, RM4, PUD, T, and shall be subject to the following operational standards:

a.

All urban farms and their owners, lessees, employees, volunteers, and visitors must comply with all federal, state and local laws and regulations relating to the operation, use, and enjoyment of the farm premises. Growing and harvesting agricultural non-animal products is permitted.

b.

Site users may not use materials such as inappropriate fill that introduces heavy metals or other harmful contaminants to garden or farm sites. Site users may use pesticides only to the extent permitted by law.

c.

Greenhouses are permitted.

d.

Parking requirements shall comply with Section 808.

e.

The irrigation source must be from a non-potable water supply.

f.

Emission of odorous gases or other odorous matter shall not be permitted in such quantities as to be offensive to owners or occupants of adjoining property or in such a manner as to create a nuisance or hazard beyond the property lines.

g.

Compost materials shall be stored at least ten (10) feet from adjacent property and in a manner that is not visible from adjacent property (shielded from view by shrubbery or an enclosure), controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties.

h.

No emission shall be permitted that can cause damage to health, animals, vegetation, or other forms of property or that can cause any excessive air pollution.

i.

Illumination of buildings and open areas shall be located and directed so as to eliminate glare toward streets and adjoining properties and shall comply with the requirements of section 805.

j.

No waste shall be discarded into the streets, drainage ways, or on property that may potentially create a danger to the public health and safety, and no waste shall be discharged in the public sewage system that might endanger the normal operation of the public sewage system.

k.

The sound level of any individual operation shall not exceed the levels permitted in the city's excessive noise code provisions, sections 10-111 through 10-117 and section 13-4 of this city Code of Ordinances.

l.

No vibration shall be permitted that is discernible beyond the property lines of the urban garden to the human sense or feeling for a duration of 180 seconds or more in any sixty (60) consecutive minute period of the day between the hours of 7:00 am and 7:00 pm or for a duration of 30 consecutive seconds or more in any sixty (60) consecutive minute period between the hours of 7:00 pm and 7:00 am.

m.

The use of heavy machinery (e.g., tractors, plows, and similar types of agricultural similar devices) is permitted in rural residential and non-residential directs only, but is restricted to use between 7:00 am and 7:00 pm, and must be in compliance with the other nuisance mitigation requirements, as applicable.

n.

Any equipment or supplies needed for operations shall be fully stored out of sight from the street and any adjacent residential uses.

o.

The keeping of animals is prohibited.

p.

Accessory retail sales of edible or ornamental crops grown on-site or products that are made from produce grown on-site in rural residential and non-residential districts only, may occur in accordance with a city issued business tax receipt.

q.

During an on-site sales event, a temporary booth or display may be located within the front yard setback of the property, in rural residential and non-residential districts only, between the hours of 7:00 am and 7:00 pm provided that site visibility is maintained.

405.3.2.2 Operating Standards for Urban Gardens:

Urban Garden definition. An establishment where edible or ornamental crops are grown as an accessory use on the ground, or a rooftop or inside a building, to be sold or donated.

Urban Gardens are permitted on property zoned commercial and residential as an accessory use, and shall be subject to the following operational standards:

a.

Parking requirements shall comply with Section 808.

b.

The irrigation source must be from a non-potable water supply.

c.

Compost materials shall be stored at least ten (10) feet from adjacent property and in a manner that is not visible from adjacent property (shielded from view by shrubbery or an enclosure), controls odor, prevents infestation with insects, and minimizes runoff into waterways and onto adjacent properties.

d.

Mechanized equipment similar in scale to that designed for household use shall be permitted. Use of larger mechanized farm equipment is prohibited.

e.

Accessory retail sales of edible or ornamental crops grown on-site or products that are made from produce grown on-site.

f.

Shipment and delivery of products or supplies shall be limited to between dawn and dusk and shall occur only in single axle straight trucks or smaller vehicles normally used to serve residential neighborhoods.

g.

Overhead lighting shall be prohibited.

405.3.3. Operating Standards for Community Gardens: Community garden definition. A use in which land managed by a group of individual is used to grow food or ornamental crops for donation or for use by those cultivating the land and their households. Community gardens may include separate plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

Community Gardens are permitted by right as either a principal or as an accessory use (per the tables pertaining to each district) on property zoned RL, E, RS1, RS2, RS3, RS4, RS5, RS6, RS7, RS8, RM1, RM2, RM3, RM4, PUD, T, TND, MH, ML, SD, B1, B2, B3, CF, and OS, (with respect to residentially-zoned property, as defined in section 401.1, on communal property, school sites, and places of public assembly sites only), and shall be subject to the following operational standards:

a.

All community gardens and their users must comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the garden premises.

b.

The primary use is for growing and harvesting of agricultural products.

c.

Prior to establishment, applicants shall inquire into the historical use of the property and undertake proper soil testing to measure nutrients, heavy metals, and any other harmful contaminants that may be present. The soil testing results and proposed remediation methodology (if needed) shall be provided to and kept on file with the department. All environmental testing must be conducted by an "environmental professional" as defined by 40 CFR §312.10(b), as amended from time to time. Any environmental testing shall be accomplished pursuant to the standards and requirements set forth in in 40 CFR Part 312, as amended from time to time.

d.

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements; must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the city; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and contact information of the garden coordinator and a copy of the operating rules shall be kept on file with the department and the lead community garden nonprofit organization, as appropriate.

e.

To the extent permitted under federal and state law, site users must use organic and sustainable growing practices.

f.

The irrigation source must be from a non-potable water supply.

g.

The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

h.

Compost materials and garden supplies shall be located at least ten (10) feet away from adjacent property and screened from view by hedges and shrubs, using best practices to control odors, prevent infestation, and minimize runoff into waterways and onto adjacent properties.

i.

Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are permitted, subject to provisions from this chapter.

j.

Retail sales, including donation, of plants and produce grown on-site or products that are processed off-site but made from products grown on-site may occur between dawn and dusk every day of the week.

k.

The site shall comply with CPTED design standards.

l.

Keeping of animals is not permitted.

m.

A perimeter fence is encouraged.

n.

Accessory retail sales of edible or ornamental crops grown on-site or products that are made from produce grown on-site may occur with a city-issued business tax receipt.

405.3.4. Bees. In Florida, the regulating authority for beekeeping is granted to the state. Florida Statute 586.055 stipulates that apiaries are allowed to be located on agricultural land that is integral to beekeeping operations. Chapter 586 includes requirements regarding "Florida Honey Certification and Honeybee Law." Beekeepers shall be in compliance with state statutory regulations and shall be required to post signs on the property within 100 feet of the beekeeping activities advising the public of the activities. Beehives shall not be located closer than 150 feet from a property line.

405.3.5. Farmers' Markets.Farmers' Markets definition. An open-air establishment that allows the selling of agricultural products such as fruits, vegetables, herbs, nuts, flowers, animal food products such as eggs, honey, meat, milk, cheese and fish. The predominant sales area is for food and associated farm products.

Open-air farmers' markets are a permitted, temporary use in the following zoning districts: RL, E, RS1, B1, B2, B3, PID, TND, MH. ML, SD, OS, CF, and all of the RM districts (on communal property, school sites, and places of public assembly sites only), provided that the property owner has granted written permission and that the applicant has the proper licensing and TUP issued by the City. A tent permit will also be required. Vendors shall be subject to the following operational standards:

a.

All farmers' markets and their vendors shall comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the market premises;

b.

All farmers' markets and their vendors must obtain all required operating and health permits, licenses, and certificates of insurance, and copies of these documents shall be in the possession of the farmers' market manager or the vendor, as applicable, on site during all hours of operation;

c.

The predominant sales area must be for agriculture-related products.

d.

All farmers' markets and their vendors are encouraged to accept forms of payment for eligible goods or products sold, or shall allow a legitimate and duly authorized third party to occupy space within the farmers' market area to operate a redemption program, by participants of federal, state, or local food assistance programs, including, but not limited to, the Supplemental Nutrition Assistance Program (SNAP) 7 USC ss. 2011 et seq; the Women. Infants, and Children (WIC) Farmers' Market Nutrition Program 42 USC s. 1786(m) and 7 CFR part 248; and the Senior Farmers' Market Nutrition Program 7 USC s. 3007 and 7 CFR part 249; all in a manner allowed by, and in conformance with, both federal and state laws and regulations as those laws and regulations may be amended from time to time.

e.

All farmers' markets must have an established set of operating rules addressing the governance structure of the farmers' market, hours of operation, maintenance, insurance, and security requirements and responsibilities; and appointment of a market manager, including the following:

i.

Refuse disposal and sufficient trash and recycling receptacles within the area of the approved farmers' market; and

ii.

Litter removal within the boundaries of the approved farmers' market; and

iii.

Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

f.

Compliance with city's noise ordinance must be observed.

g.

All farmers' markets shall provide for a minimum of one vehicle parking space for each vendor stall; and three parking spaces for shoppers per number of vendor stalls. Where the farmers' market is located within one-half mile of any transit stop for a bus route, or a fixed rail or bus rapid transit system, the number of parking spaces required shall be reduced by twenty-five (25%) percent. Farmers' markets must also provide secure bicycle storage for their patrons.

405.3.6. Mobile Produce Vending.Mobile Produce Vending definition. A mobile produce vendor is a self-contained produce service operation (e.g. trucks, carts, trailers and kiosks), located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display and sell produce.

Mobile produce vending is permitted as a temporary use only on property zoned RL, E, RS1, B1, B2, B3, PID, TNP, MH, ML, SP, OS, CF, and all of the RM districts (on communal property, school sites, and places of public assembly sites only), provided that the property owner has granted written permission and that the vendors have the proper licensing and TUP issued by the city. Vendors shall be subject to the following operational standards:

■ All operations shall fully comply with all federal, state and local laws, regulations and guidelines including without limitation those applicable to the vending of fresh fruits and vegetables, including without limitation the Florida Food Safety Act s. 500.01 et seq., Florida Statute, and all regulations and guidelines promulgated by the state and the county, as the same may be amended from time to time.

• All activities, and the duration of those activities, shall first have been approved and authorized in writing by the owner of the real property on which those activities are planned to occur. The vendor shall have this written authorization available on-site and shall present it to the city upon the city's request.

■ Produce cart vendors shall keep the sidewalks, right-of-ways, roadways, and other space immediately adjoining and adjacent to their produce carts clean and free from paper, peelings, and refuse of any kind generated from the operation of their businesses. Vendors shall affix to their produce carts a marked litter receptacle, which shall be maintained and emptied regularly.

■ The vending facility shall be placed or operated only on paved surfaces and not on landscaped areas, nor shall the vending facility adversely impact any landscaping or landscaped areas.

■ Vendors shall not:

• Offer for sale or otherwise distribute any products other than whole, uncut, fresh fruit and vegetables;

• Be located in a right-of-way;

• Conduct business in such a way as to restrict or interfere with the ingress or egress of the abutting property owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety, aesthetics, or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;

• Conduct business within ten (10) feet of a crosswalk, fire hydrant, or the outer edge of any entranceway to any building or facility used by the public, including doors, driveways, and emergency exits;

• Leave any produce cart unattended at a sidewalk at any time;

• Conduct business between 10:00 p.m. and 5:30 a.m.;

• Use amplified sound for any purpose.

405.3.7. Greenhouses. Greenhouses are permitted as accessory buildings or structures as follows:

a.

Greenhouses are prohibited in a front yard and must meet structural setbacks.

b.

The maximum permitted height of a greenhouse is 12 feet in a residential zone. The maximum size in a non-residential or mixed-use zone is the structural height standards to the corresponding zoning location.

c.

Mechanical greenhouses with heating plants or cooling fans associated with greenhouses shall be located to meet all of the setbacks from every property line.

d.

Compliance with the city's noise ordinance must be observed.

405.4. Alcoholic Beverages Sales.

405.4.1 Conditional Use Requirement. Alcoholic beverage sales licenses for Consumption on Premises (C.O.P.) for beer, wine and liquor, and Alcoholic Beverage Package Sales (A.P.S.) for beer, wine and liquor shall be required to obtain conditional use approval, except that this requirement shall not apply to temporary events.

405.4.2 Alcoholic Beverage Consumption For Temporary Events. For temporary events (1-3 day) held on city-owned properties and/or public rights-of-way, such temporary events shall be required to comply with the applicable regulations of section 4-3 of the city's code of ordinances regarding public alcohol consumption. For temporary events (1-3 day) held on private properties, approval shall be granted in conjunction with the TUP issued by the city for the event.

405.4.3 Requirements for Licenses. Alcoholic beverages sales licenses for A.P.S. and C.O.P. for beer and wine only shall be subject to the approval procedures required for the specific business selling the alcoholic beverages pursuant to the standards established in this code.

405.4.4 Distance Requirements.

(a)

Vendors shall be permitted to sell alcoholic beverages including liquor for consumption on or off the premises provided that there are at least 2,500 feet by straight air-line measurement from any established school or child care center or library measured from the main entrance point of the vendor's establishment to the nearest property line of a school or child care center or library grounds used as part of the school or child care center facility, except as provided in Chapter 563, Florida Statutes, as may be amended from time to time.

(b)

Vendors shall be permitted to sell alcoholic beverages including liquor for consumption on or off the premises in any place of business provided that it is located at least 1,000 feet by straight air-line measurement, measured from the main entrance to main entrance of another place of business in which there is already in existence a vendor selling alcoholic or intoxicating beverages for consumption on or off the premises.

(c)

The foregoing requirements for both cases shall not apply to vendors of Consumption On Premise (C.O.P.) alcoholic beverages, when such beverages are served in duly licensed restaurants, nor shall they apply to C.O.P. vendors located within the TND, MH, ML, or SD districts.

(d)

Alcoholic beverage consumption on premises shall not be permitted to be located within 1,500 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of thealcoholic beverage consumption on premises property to the nearest point on the property line of the adult entertainment use.

405.4.5 Bottle Club. Any bottle club as defined by chapter 561, Florida Statutes, and operating as the primary use shall be required to obtain conditional use approval. The foregoing requirement does not apply to establishments that apply for a bottle club license as an accessory use. Bottle club conditional use approvals are only valid in the specific location on a specific property granted by the conditional use permit. Bottle clubs may be permitted as a primary use or as an accessory use in any nonresidential or mixed-use district, other than the CNS, OS, or U districts, as described in section 401.1.

TABLE 405-4
ALCOHOLIC BEVERAGE SALES AND CONSUMPTION REGULATIONS

405.5. Assisted Living Facilities, and other Residential Care Facilities and Social Service Facilities. All types of Social Service Facilities. Substance Abuse and Rehabilitation Centers, and Special Residential Facilities (Categories 1, 2, 3,) not specifically permitted in residential zones by state and/or federal statutes or specifically addressed below, shall be permitted in Community Facilities (CF) zones as a conditional use.

405.5.1. Adult Congregate Living Facility (ACLF). Nursing Homes and Skilled Nursing Facilities. The establishment of these facilities in Community Facilities (CF) zones as a conditional use shall be as regulated in chapter 429, Florida Statutes.

405.5.2 Adult Day Care Centers. The establishment of these facilities in commercial (B1, B2, and B3) and Community Facilities (CF) zones shall be as regulated in chapter 429, Florida Statutes.

405.5.3 Detoxification/Rehabilitation/Substance Abuse Centers. The establishment of these facilities in Community Facilities (CF) zones as a conditional use shall be as regulated in chapter 429, Florida Statutes. Detoxification centers and/or rehabilitation centers shall not be established within 1,500 feet of an existing detoxification or rehabilitation center, as measured from the edge of the parcel containing the existing facility.

405.5.4. Adult Family Care Homes. Assisted Living Facilities, and Group homes. The establishment of Adult Family Care Homes (AFCH). Assisted Living Facilities (ALF) and Group Homes (GH) in single-family or multi-family residential zones shall be as regulated in chapters 419 and 429, Florida Statutes. A proposed group home of six (6) or fewer residents within 1,000 feet of an existing group home shall be required to obtain conditional use approval. The establishment of community residential homes in multi-family residential zones shall also be as regulated in chapter 419, Florida Statutes. A proposed community residential home of seven (7) to fourteen (14) residents within 1,200 feet of another community residential home shall be required to obtain conditional use approval.

405.6. Automobile-Related Uses.

405.6.1 Automobile Repair. Automobile Paint and Tire Stores. Motor vehicle repair and service garages, vehicle paint shops and tire stores are permitted by-right in B3 and PID zones, subject to the following standards:

(a)

All service, including major repairs, and accessory services such as alignments, balancing, batteries, brakes, and suspension system repair, window tinting, as well as preventative maintenance such as oil and fluid changes, hose and wiper repair and similar types of service, must be performed entirely within an enclosed building; and

(b)

Outdoor display and storage of merchandise and equipment, including new or used tires, is prohibited; and

(c)

Tow trucks may not be parked on the premises; and

(d)

Outdoor overnight parking of vehicles is prohibited; and

(e)

Where the use is located within 500 feet of residentially-zoned property (measured by straight air-line measurement form property line to property line), the hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.; and

(f)

A minimum six-foot (6') high decorative masonry wall must be installed, separating the property from any abutting residentially-zoned property, with a minimum ten-foot (10') wide landscape buffer planted outside the wall consisting of at least three (3) tiers of plant material (ground cover, continuous hedge and fourteen-foot (14') shade trees planted on-center).

(g)

Where automotive repair business is allowed, such use may also be conducted under a roof located to the rear or side of the principal building and within the principal building setbacks; provided, that the area is screened and buffered by a wall, fence or hedge at least six (6) feet in height. This screen and buffer requirement shall not apply to buildings/structures enclosed on three (3) sides.

Additionally, auto repair business uses with their primary frontage on State Road 7 and located in the Transit Oriented Corridor land use designation, may conduct such use under an existing, permanent canopy or roof structure located in front of the building; provided, that: (i) no equipment, parts or vehicles are kept under said canopy or roof structure after business hours; (ii) the area is kept clean and visually uncluttered; and (iii) all signs comply with the current sign code provisions then in effect.

405.6.2 Automobile Sales and Rental. Sale or rental of new or used automobiles, trucks, trailers, motorhomes and boats shall be a conditional use in B3 and PID zones. In PID, sales and display of vehicles and boats must be entirely within an enclosed building. In B3, sales and display of vehicles and boats must be behind an eight-foot (8') wall and automobile lifts may not be used to raise display vehicles.

405.6a. Cemetery/Mausoleum. Cemeteries/mausoleums shall be located at least 100 feet from any off-premises sign or billboard. All measurements of distances shall be along a straight airline route from the nearest point on the property line of cemetery/mausoleum property to the nearest point of the edge of the sign face.

405.7. Child Care Centers. Child care centers and nursery schools, as defined in Section 402.302 Florida Statutes, shall be subject to the following standards:

(1)

Building shall be located at least 30 feet from any residentially-zoned property, as defined in section 401.1. The front, side and rear setbacks shall be at least 50, 15 and 25 feet, respectively.

(2)

At least one completely fenced and secure play lot shall be established, maintained and used for children at play. All outdoor play areas shall be landscaped, grassed, mulched or covered by an artificial rubberized surface, and shall not be paved. The fence shall not be less than five feet in height. Fencing must be picket or chain-link with coating and without vinyl slats at a minimum.

(3)

Play lots located closer than 50 feet to the plot line shall be screened by a wall or an opaque fence or hedge not less than five feet in height and such fences and hedges shall be protected by bollards.

(4)

Indoor usable play space shall be subject to State of Florida and Broward County licensing regulations.

(5)

Outdoor play space shall be subject to State of Florida and Broward County licensing regulations. Open space shall be shaded, pervious area with an outdoor drinking fountain. All playground equipment shall be identified on the site plan and shall not be permitted within the required setback areas. Required setbacks are not to be counted as required open space.

(6)

All centers shall provide shade with at least one shade tree within the outdoor play area.

(7)

Each child care center shall operate the outdoor play areas only from the hours of 8:00 am to 6:00 pm.

(8)

Vehicle impact protection devices (VIPDs) are required to be installed and maintained for exposed areas in order to protect the center, its patrons, and associated play areas from vehicle intrusions from out-of-control vehicles, except for home-based child care centers, family day care homes, and indoor recreational facilities, as defined in section 402.302, Florida Statutes.

(a)

Applicability: except for the exceptions noted above, centers shall install VIPDs prior to opening a new center after the adoption of this ordinance; prior to the expansion, modification or relocation of an existing center, including the installation, repair, creation, establishment, re/development of play areas and/or exposed areas and/or head-in parking areas:

(b)

Elements of VIPDs: VIPDS shall be a minimum of thirty-six (36) inches in height; shall be designed to achieve an impact resistance level of 5,000 pounds traveling at thirty (30) miles per hour; shall be installed at least three (3) feet above finished grade within the exposed area, parallel to the edge of the roadway or drive aisle; shall not be plain concrete barriers, such as "K Rails" or "Jersey" barriers: shall be space no less than forty-eight (48) inches and no more than fifty-six (56) inches from outside edge to outside edge; VIPDs shall comply with the American Disabilities Act (ADA) and all applicable local, state and federal codes and regulations; the color and design shall be approved by the CAB and be consistent throughout the site; shall be properly maintained, including no visible rust or corrosion and be kept in uniform alignment; and shall be replaced or repaired within ninety (90) days after being destroyed, damaged or removed.

(9)

Distance separation requirements:

(a)

2,500 feet from an adult entertainment use;

(b)

1,500 feet from any established facility selling alcoholic beverages for consumption on or off premises: measurement of this distance shall be by straight air-line measurement from any the alcoholic beverage sale location's main entrance point to the nearest property line of the child care center;

(c)

1,000 feet from any pain management clinic;

(d)

All measurements of distances, except as set forth in sub-section (b), shall be along a straight airline route from the nearest point on the property line of the child care center to the nearest point on the property line of the use from which the child care center is to be separated.

405.8. Textile Recycling Bins.

405.8.1. Limitation on Textile Recycling Bins.

(a)

Purpose. The purpose of this section shall be to provide rules, regulations and standards for the limited placement and use of textile recycling bins in the city in order to promote the public health, safety, aesthetics, and welfare of the city. City-owned recycling bins are not subject to the limitations set forth herein.

(b)

Definitions.

Charitable organization means any person determined by the federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) that is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose.

Franchisee means a person or entity who has been awarded or granted an Exclusive Franchise Agreement for the provision and operation of Textile Recycling Program Services, including the ownership of all textile recycling bins, as well as all cost associated with providing the necessary labor and equipment for the maintenance, collection, and transportation of textile recycling bins within the City.

Shopping center means five (5) or more commercial establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area that the unit serves.

Textile recycling bin or "bins"means a receptacle or container made of metal or other fire-resistant material designed or intended for the collection and temporary storage of textile items such as, but not limited to; shoes, clothes, backpacks, soft covered books, linens and draperies deposited by the general public.

(c)

Requirements for Use of Textile Recycling Bins. Textile recycling bins ("bins") shall be permitted on a limited basis only, and only in compliance with all of the provisions of this section, including the following requirements:

(1)

The person/entity operating the bin has obtained a franchise agreement from the city;

(2)

A bin shall only be owned and operated by a city franchisee;

(3)

The information required in sub-section (e)(6) below is clearly and conspicuously displayed, in weather resistant lettering no smaller than one (1) inch high, on a sign no greater than 2' x 2' in size fastened to the exterior of the bin;

(4)

The materials contributed shall be for re-sale, re-use or other purposes provided in the franchise agreement;

(5)

The contents of the bin shall be textile items only and shall be regularly emptied at least every fourteen (14) consecutive days, and at all times not permitted to overflow to the point where the contents are visible from the outside, and the ground area immediately adjacent to the bin (within three (3) feet of the bin on all sides) shall be kept free of donated items or other debris; the Franchisee shall be responsible for all costs related to the collection and removal of items placed in the area surrounding a Bin within 24 hours of notification by the City;

(6)

The bin shall be kept free of signs, advertising (except as specifically permitted or required herein), graffiti and other markings and shall be maintained in a structurally sound, clean and sanitary condition; and

(7)

All other conditions of this ordinance are satisfied and there is continuing compliance with the provisions of this LDC.

(d)

Placement of and Restrictions for Textile RecyclingBins. The following criteria shall be applied in granting a permit and in determining if a bin is placed in conformity with this ordinance:

(1)

The location of the bins must be reviewed and approved by the city. Such review shall evaluate the placement of the bin and ensure the location does not impair pedestrian or vehicular traffic, including emergency service vehicle movement, within the property, does not negatively affect protected trees or utility services, and does not otherwise constitute a safety hazard to pedestrians or vehicles or otherwise interfere with vehicular or pedestrian circulation. Such approval will not be unreasonably withheld.

(2)

Bins shall not be placed within any required parking space for the property. If a bin is proposed for location in a surplus parking space, it is the responsibility of the franchisee to provide documentation, to the satisfaction of the City, that the bins are not utilizing spaces which are required parking spaces for any use on the property.

(3)

Bins shall not be placed in landscaped areas.

(4)

No more than one bin may be located on a property less than one acre; for properties over one acre, no more than one bin per acre up to a maximum of four bins per parcel.

(5)

Where more than one bin is permitted on a property, up to 3 bins may be placed immediately adjacent to each other. If not placed immediately adjacent to each other, then no bin shall be placed within 300 feet of any other bin.

(6)

Bins shall not be located within twenty-five (25) feet of any public street or right-of-way.

(7)

Bins shall be secured or removed in such a manner as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions.

(8)

It shall be the responsibility of the franchisee to remove the bin in the event of any hurricane warning in effect for the city. If such action is not taken, the city reserves the right to remove the bin and to charge the franchisee for all costs incurred by the City to remove, transport and store the bins. The City shall not be obligated to remove Textile Recycling bins from any location within the City. In no event shall the city be responsible or liable for any damages as a result of securing or removing, or omitting to secure or remove the bin.

(9)

Bins shall not be located in rights-of-way.

(10)

Bins shall not be permitted in a single family residentially zoned district, or district that receives curb-side collection services, or within 25 feet of a single-family residentially zoned district, as described in section 401.1 of this LDC.

(11)

Bins shall not be located on a vacant lot.

(12)

Bins may be located on city-owned property, excluding public right-of-ways or on private property with written permission from the property owner, and/or their designee. Permission of a tenant is not sufficient; or

(e)

Bin structure.

(1)

The bin(s) shall be of the type that are enclosed by use of a one-way receiving door so that the contents may not be accessed by anyone other than those responsible for the retrieval of the contents.

(2)

Bins shall be fire resistant and constructed of steel with a rust inhibitor.

(3)

Each bin shall not cover a ground surface area in excess of six (6) feet by six (6) feet, nor be more than seven (7) feet in height. The primary color of the bin(s) shall be determined by the city.

(4)

Electrical connections to the bins shall be prohibited.

(5)

Bins shall not contain any advertising, logos and lettering except as approved by the City. The City reserves the right to promote and/or advertise City events and or functions as it deems in the best interest of the City.

(6)

The following information shall be clearly and conspicuously displayed on the exterior of each bin:

(a)

The contact information of the franchisee who owns the bin; and

(b)

Such other information as the City directs or deems acceptable.

(7)

Bins shall not be repaired or overhauled on the property on which the bin is located, (or any other work performed thereon which would constitute a nuisance under existing ordinances);

(f)

Property owner responsibility. The owner of the property upon which the bin(s) are located shall share joint and several responsibility for compliance with all conditions set forth in this LDC with the entity that owns or is in custody of the bin(s). The failure of the person who owns or is in custody of the bin to comply with the provisions of this LDC shall not be a defense by the property owner should a violation be found to exist.

The registered owner or legal entity of the bin shall report to the city any change of entity or entities that may share or profit from any clothing collected from the bin no later than thirty (30) consecutive days from any changes. Failure to provide the city with such report within the 30-day period shall result in a daily fine of $50.00.

(g)

Exemptions:

1.

Bins that are placed on school property with the consent of the Broward County School Board of Broward County, Florida, are exempt from the requirements of this chapter.

2.

Any Charitable Organization that had obtained a proper permit prior to September 17, 2018, shall be permitted to continue to keep its previously approved donation bin at the location approved under the permit.

405.9. Developer Service Agreements.

(a)

To the extent not prohibited by applicable law, if a provider of services enters into an agreement with a developer, or with a homeowners' association (HOA) or a condominium/cooperative association (CA) under the control of a developer, to provide services to individual units in a homeowners' association or a condominium/cooperative association consisting often (10) or more units, and the agreement expressly requires payment for services that are paid through mandatory assessments, the agreement shall include, and shall be deemed to include if not expressly set forth therein, a clause that allows the HOA or CA to terminate the agreement any time within 365 days after the developer turns over majority control of the HOA or CA board of directors to the resident members. As used herein, a "condominium" includes a cooperative, as described in chapter 719, Florida Statutes.

(b)

An HOA and CA may terminate such agreements pursuant to the procedures specified in the declarations, articles of incorporation, bylaws or other documents governing the association's actions, or as provided by state law.

(c)

If an HOA or CA exercises its rights herein, the association, homeowners, resident members, unit owners and occupants shall not incur discontinuation fees, penalties, or subsequent service charges pursuant to the agreement. This section does not affect the ability of an association, homeowner, resident members, or an occupant to enter into an agreement for services independent of any agreement for services entered into by a developer.

(d)

Upon assumption of control of an HOA or CA by the resident members, the developer shall provide notice, in a form approved by the city attorney, to the representative body that becomes responsible for administration of the association of the existence of any and all agreements for services and their terms and conditions, and inform the representative body of their rights under this section.

(e)

This section does not affect pre-existing agreements for services entered into by a developer or an HOA or CA under the control of a developer before September 21, 2005, or agreements that have been entered or may in the future be entered into by an HOA or CA under the control of the resident members.

405.10. Fuel Service Stations and Convenience Stores and Car Washes.

(a)

Location criteria:

(1)

One station is permitted per intersection area, defined as a one-quarter mile radius (measured from the street centerlines) for the following road intersections:

TABLE 405-5
FUEL SERVICE STATION LOCATIONS

(2)

Minimum separation distance from a residentially-zoned property as described in section 401.1 (measured from the nearest property line to property line of the fuel service station): 200 feet. Where the pump service area is screened by the principal building, this distance may be reduced to 150 feet.

(b)

Intensity standards: Development shall be in accordance with the following standards:

TABLE 405-6
FUEL SERVICE STATION INTENSITY REGULATIONS

Permitted maximum number of service positions = number of pumps × 2.

(c)

Minimum street frontage: 200 feet.

(d)

Minimum setbacks:

(1)

Principal building: 50 feet

(2)

Accessory building: 50 feet

(3)

Gas pumps canopy (required): 50 feet

(4)

Sides and rear: 20 feet

(e)

Hours of operation: Where the use is located 500 feet or closer to a residentially-zoned property (measured from property line to property line), the hours of operation shall be limited to 7:00 am to 11:00 pm.

(f)

Parcel access from the adjacent rights-of-way: The following provisions are intended to minimize potential traffic access and circulation conflicts and to facilitate the efficient coordination of traffic flows between the fuel service use, adjacent roads, and adjacent/nearby developments. All access drives must comply with the driveway separation standards of this LDC.

(1)

Facility located on a shopping center outparcel: Access shall be provided in accordance with the following hierarchy of alternatives. Where the highest ranked alternative is used (i.e. main shopping center drive), it shall be the only access provided. Where the lower ranked alternative is proposed, the applicant must demonstrate why the highest ranked alternative is not feasible.

(A)

Main shopping center drive;

(B)

Shared access drive with adjacent outparcel; where the site is adjacent to more than one other outparcel, only one shared access shall be permitted;

(C)

Shared internal access drives between the outparcel and other outparcels are encouraged.

(2)

Other locations: A maximum of one full access drive (for all vehicular turning movements) is permitted. Corner properties may provide a second access drive: provided, that it is limited to right-turn only and is located on the street not containing the full access drive.

(g)

Gasoline vent stacks: Vent stacks are to be placed either in the rear half of the fuel service station property or away from the street and enclosed within a decorative structure or painted an inconspicuous color (CAB approved).

(h)

Maintenance stations: Automotive maintenance stations are permitted, including the following items: air hose, water hose, vacuum and charging stations. These stations shall be physically separated from other uses on the site and a minimum of one parking space provided for each station in addition to that required for any other on-site uses.

(i)

Primary and Accessory use standards:

(1)

Automatic car wash.

(A)

Location: The facility shall be located either to the side or rear of the principal building.

(B)

Function: The facility shall be fully automatic, with no employees conducting any related functions or services.

(C)

Maximum capacity: One vehicle per wash cycle. Vehicular stacking must comply with section 808.6.

(D)

Drainage: The facility must have a working oil/sand interceptor to which all drainage from the car wash must flow.

(E)

Hours of operation: Same as or less than the principal use.

(F)

Screening of vehicle opening: A wall, berm or similar opaque visual buffer shall be provided for the facility opening when it is oriented toward the street side of the lot.

(2)

Attendant (hand) car wash.

(A)

Location: The facility shall be located either to the side or rear of the principal building and shall be architecturally compatible with the principal building as a permanent structure. Temporary structures shall not be permitted.

(B)

Drainage: The facility must have a working oil/sand interceptor to which all drainage from the car wash must flow.

(C)

Hours of operation: The hours of operation shall be the same as or less than the principal use, but in no event 24 hours, or after 9:00 pm or before 7:00 am.

(D)

Vehicle stacking and parking:

1.

Drive-thru facility: as provided for in Section 808.6.

2.

Non-drive-thru facility: Two (2) per service position, separated from access drives and internal drive aisles.

(E)

Screening of service area: A wall, berm, or similar opaque visual buffer shall be provided for the service area when it is oriented toward the street side of the lot.

(F)

Existing stations that currently have a nonconforming attendant car wash may be permitted to have one through the conditional use process of section 305.

(3)

Food service (prepared on-site by staff per customer order from a menu)

(A)

Function: Drive-through facilities are prohibited.

(B)

Hours of operation: The hours of operation same as or less than the principal use.

(C)

Number: A maximum of two (2) food service operations are permitted, which shall count as one accessory use: provided, that there is sufficient parking on-site.

(D)

Parking: Where an outdoor seating area is provided, additional parking shall be provided for the portion of floor area used, based on the parking ratio for a restaurant use.

(4)

Oil change/lube facility.

(A)

Function: The use shall only be conducted within an enclosed building.

(B)

Location: The facility shall be located either to the side or rear of the principal building.

(C)

Screening of vehicle opening: A wall, berm, or similar opaque visual buffer shall be provided for the facility opening when it is oriented toward the street side of the lot.

(D)

Stacking: Vehicular stacking shall be provided at the rate required by this LDC for the fuel service.

(E)

Hours of operation: The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

(F)

Function: Outdoor overnight parking of vehicles is prohibited.

(G)

Function: Automotive repair is prohibited.

(5)

Private fueling service stations within PID zoning districts; See Section 405.25.3

(j)

Parking requirement: for the net usable floor area of the convenience store and any food service provision: 1:250. All maintenance stations require one space per service position.

(k)

Underground tank loading zone requirement: The loading zone may be provided over the underground tank area of the site or in front of the dumpster enclosure.

(l)

Fuel pump station stacking requirement: The fuel pump stations, automatic or attendant car wash, and lubrication facilities shall meet the vehicular stacking requirement of section 808.6.

(m)

Site circulation requirement: The site must meet adequate fuel truck, solid waste truck and fire-rescue emergency vehicle internal circulation.

(n)

Security requirement: All fuel service stations must be in compliance with the Convenience Store Security Act, section 812.1701 Florida Statutes, and are subject to compliance with CPTED design principles.

(o)

Freestanding car wash facilities permitted by-right as a principal use in B3 zones or by conditional use in B2 zones, and convenience stores, permitted by-right in B1, B2, and B3 zones, are subject to the same requirements above, as applicable, except for 405.10(a)(1).

405.11. Hotels, Motels, Timeshares, Bed & Breakfast, Vacation Rentals, Short Term Rentals, Live-Work, Micro-units.

405.11.1 Hotels and Motels and Time Share units, shall be subject to the following standards:

(a)

The minimum plot area shall be two acres, except in mixed-use districts, as defined in section 401.1, provided that a parking plan demonstrates acceptable capacity.

(b)

Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially-zoned property, as defined in section 401.1, unless the adjacent property is being utilized for business related parking.

(c)

The following amenities shall be included:

1.

Interior corridors or hallways leading to and from rooms except emergency exits. "Catwalk" exterior hallways shall not be permitted.

2.

An office or lobby containing a registration desk that is staffed by at least one hotel/motel employee 24 hours a day, and that is located in an area where the path between entrances/exits and guest room corridors and public elevators is visible to the employee.

3.

Any bar, lounge, or nightclub facility may be permitted as accessory to a restaurant, and, as a permitted accessory use, shall be exempt from the provisions of Land Development Code Section 405.4, requirement to obtain separate conditional use approval and distance requirements for sale of alcoholic beverages.

(d)

If a hotel were to provide at least 5,250 square feet of meeting and/or conference room space, then the following incentives shall apply:

1.

All perimeter landscape bufferyards may be a minimum of 10' wide, regardless of the adjacent land uses and zoning districts. If the bufferyards overlap with utility and/or drainage easements, where plantings would not be permitted, then only ground cover shall be required for these easements and bufferyards.

2.

All pedestrian landscape zones will only be required to be 10' wide, regardless of the height of the building.

3.

The minimum setback from any property line shall be 20' or the width of any easements, provided that proper internal traffic circulation is provided.

4.

The building may exceed the height requirement of the zoning district by one floor.

405.11.2 Bed & Breakfast Short-Term Rentals. Vacation Rentals, shall be subject to the following rules and standards:

(a)

Bed and breakfast units must be owner-occupied; a local responsible party must be registered with the city's police department for bed and breakfast, short-term rentals, and vacation rentals, and be available on call 24 hours per day, seven days per week. As part of the registration process, a trespass affidavit shall be notarized and submitted to the police department;

(b)

Requires a city-issued zoning certificate of use, a business tax receipt and proof of registration with the Florida Department of Revenue for sales tax collection and Broward County for Tourist Development Tax is also required. In addition, Proof of licensure with the Florida Department of Business and Professional Regulation for a transient public lodging establishment.

(c)

Units must be properly inspected to meet Florida Building Code (FBC) requirements. Fair Housing laws, and minimum construction, design, health, and maintenance standards;

(d)

Property owners and occupants must abide by any HOA or CA rules or contracts;

(e)

Units must have commercial general liability insurance coverage. Coverage shall include, as a minimum: (i) premises operations, (ii) personal injury liability, (iii) property damage, and (iv) expanded definition of property damage. All insurance policies shall be issued by insurance companies licensed to do business by the Florida Insurance Commissioner. Copies of the policies must be presented upon demand to the city to assure compliance with this section;

(f)

Units must have a working smoke and carbon monoxide detector;

(g)

Signs advertising the business are not permitted on or off the property;

(h)

Sufficient parking must be available on the property of the individual unit; guests or their guests may not park vehicles on neighboring properties; on clubhouse or common areas; or on the streets;

(i)

Rentals/renters/guests must be in compliance with all city parking, noise and property maintenance regulations;

(j)

May be subject to local hotel taxes and permit fees;

(k)

Minimum rental lessee information. The rental lessee shall be provided with a summary of the information required in this Section with instructions on how to access the full text and shall post the following conspicuously with the establishment:

1.

A statement advising the occupant of the City's noise ordinance provided for in Chapter 10 of the Code of Ordinances;

2.

A sketch or photograph of the location of the off-street parking spaces;

3.

The days and times of trash pickup;

4.

The location of the nearest hospital;

5.

The City's non-emergency police phone number; and

6.

There shall be posted, next to the interior door of each bedroom a legible copy of the building evacuation map (minimum size 8.5 × 11).

(l)

Noise monitoring by owner. In order to avoid noise disturbances in the neighborhood, owners are encouraged to use a noise sensing device to monitor noise levels. Registration fees shall be waived for all vacation rentals with a permanent noise monitoring device;

(m)

A vacation rental shall be registered annually with the police department on or before the thirtieth (30th) day of September.

(n)

Penalties, Offenses, and Revocation.

1.

Any vacation rental zoning certificate of use issued pursuant to this Section may be denied, revoked, or suspended. Such denial, revocation or suspension is in addition to any penalty provided herein.

2.

Offenses/violations.

a.

Non-compliance with any provisions of this Section shall constitute a violation of this Section.

b.

Separate violations. Each day a violation exists shall constitute a separate and distinct violation.

3.

Remedies/enforcement.

a.

Code enforcement activities will be in accordance with the Land Development Code. However, any such fines imposed pursuant to this Section shall not be subject to reduction by the Special Magistrate or Administrative Panel.

b.

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

Suspension of vacation rental zoning certificate of use. In addition to any fines and any other remedies described herein or provided for by law, City Manager or designee may suspend a vacation rental zoning certificate of use in accordance with the following:

a.

Suspension time frames.

i.

Upon a second violation of this Section the vacation rental zoning certificate of use shall be suspended for a period of thirty (30) calendar days.

ii.

Upon a third violation of this Section the vacation rental certificate of use shall be suspended for a period of one hundred eighty (180) calendar days.

iii.

Upon a fourth violation of this Section the vacation rental certificate of use shall be suspended for a period of three hundred sixty-five (365) calendar days.

iv.

For each additional violation of this Section the vacation rental certificate of use shall be suspended for an additional thirty (30) calendar days. For example, the fifth violation shall be for three hundred ninety (395) calendar days; the sixth violation shall be for four hundred fifteen (415) calendar days, and so on.

v.

A vacation rental certificate of use shall be subject to temporary suspension beginning five (5) working days after a citation is issued for a violation of the Florida Building Code, or Florida Fire Prevention Code. Such suspension shall remain in place until the vacation rental is reinspected and it is determined that the violation no longer exists by the City.

b.

Suspension restrictions. A vacation rental may not provide transient occupancy during any period of suspension of a vacation rental certificate of use.

i.

The suspension shall begin immediately following notice, commencing either:

ii.

At the end of the current vacation rental lease period; or

iii.

Within thirty (30) calendar days, whichever date commences earlier, or as otherwise determined by the special magistrate.

iv.

Operation during any period of suspension shall be deemed a violation pursuant to this Section and shall be subject to daily fine, up to one thousand dollars ($1,000.00) or to the maximum amount as otherwise provided in Florida Statutes for repeat violations, for each day that the vacation rental operates during a period of violation.

v.

An application for a renewal may be submitted during the period of suspension; however, no certificate of use may be issued for the vacation rental until the period of suspension has expired. Once suspended, a vacation rental certificate of use for the same address shall not be issued to any of the individuals, collection of individuals, or owners of any companies or subsidiaries which owned the property at the time the suspension begins for the remainder of the license year (which begins October 1) or for a minimum of six months, whichever is longer.

c.

Appeal. All appeals of suspensions shall be to the Special Magistrate in accordance with the Land Development Code of the City of Miramar.

5.

Complaints. Whenever a violation of this Section occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Code Compliance Division of the police department. Code Compliance staff shall promptly record such complaint, investigate, and take action thereon in accordance with this Section and the Land Development Code.

6.

Enforcement. The provisions of this Section shall be enforced as provided in the Land Development Code.

405.11.3 Live/Work units, shall be subject to the following standards:

(a)

Live/work units may be provided in any of the mixed-use zoning districts, as defined by section 401.1, provided that the homeowner's property provides at least one CD and a maximum of two (2) parking spaces on the property of the unit available for use by customers beyond the required parking for the unit itself.

(b)

Live/work units may be provided in any of the RM zoning districts, as defined in section 401.1, provided that the property was specifically approved by the city to include live/work units or that the homeowner has obtained homeowners' association and city approval, and provided that the homeowner's property provides at least one CD and a maximum of two (2) parking spaces on the property of the unit available for use by customers beyond the required parking for the unit itself.

(c)

Live/work units may be provided in any of the RS zoning districts, as defined in section 401.1, on corner lots only, in non-gated communities, and provided that the property was specifically approved by the city to include live/work units or that the homeowner has obtained homeowners' association and city approval, and provided that the homeowner's property provides at least one CD and a maximum of two (2) parking spaces on the property of the unit available for use by customers beyond the required parking for the unit itself.

(d)

Businesses permitted within live/work units include businesses that qualify as a home business, as well as those that are deemed to be professional consulting offices where no more than one CD client/customer is served at a time by appointment. Outdoor sales and storage and overnight commercial and customer vehicle parking are prohibited.

405.11.4 Micro-Units shall be permitted in the following cases:

(a)

Where they are located in any of the mixed use districts, as defined by section 401.1; or

(b)

When they are offered in a proposed multi-family residential project that meets the County's definition of affordable, attainable and/or workforce housing within any of the RM districts.

(c)

Micro-units are required to have the same amount of parking as normal sized units in the respective zoning districts in which they are located.

(d)

When they are not offered as affordable, attainable and/or workforce housing as defined in subsection (b) above within any of the RM districts, micro-units may be proposed up to a maximum of twenty-five percent (25%) of the dwelling units on a subject property.

405.12. Libraries (Public) and Public Parks. Public libraries shall not be permitted to be located within 2,500 feet of an adult entertainment use. Public parks shall not be permitted within 1,500 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the library or public park property to the nearest point on the property line of the adult entertainment use.

405.13. Off-Premises Signs. Off-premises signs shall be permitted only as described in section 1014 of this LDC. No off-premises sign or billboard sign shall be erected within 250 feet of an existing residential use. No off-premises sign or billboard sign shall be erected or placed within 100 feet of any place of worship, school, cemetery/mausoleum, public park, public reservation, public playground, state or national forest. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the place of worship, public or private school, cemetery/mausoleum, existing residential use, public park, public reservation, public playground, or state or national forest property to the nearest point of the edge of the sign face.

405.14 Outdoor Activities and Displays.

405.14.1 All activities of permitted uses, including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building, with the following exceptions:

• automobile parking lots

• car washes

• community gardens

• drive-thru businesses

• farmers' markets

• motor vehicles sales or rental, for existing legal, nonconforming businesses, prior to 2017

• outdoor play areas of child care centers and nursery schools

• outdoor recreation uses, such as amphitheaters, cinemas and theaters

• outdoor seating/dining area

• plant nurseries, with open-air sales of plant materials grown on-site

• recreational uses, i.e. athletic fields/courts and appurtenant outdoor seating areas (tennis, racquetball, squash and handball courts, swimming pools, and running tracks, and so forth)

• refueling areas and recharging/maintenance stations of vehicle service stations

• any activity which is enclosed by a decorative masonry wall at least eight feet in height, effectively screening such use from outside direct view at ground levels, with a minimum five-foot (5') wide planted area in front of the wall. Machinery, supplies, inventory, products, equipment and materials other than landscaping exceeding eight feet in height shall be completely screened by the wall and landscaping.

405.14.2 Accessory Garden Shops. Open-air retail sales of plant materials not grown on-site, home garden supplies and related merchandise (garden shop) are permitted as an accessory use to a retail business subject to the following conditions:

(1)

The garden shop must be accessory to and operating as a part of a retail business.

(2)

Total square footage of the garden shop shall not exceed the total square footage of floor space within the principal retail business.

(3)

An accessory garden shop 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 noncontiguous walls may be constructed with up to 50 percent of the eight-foot height in these locations consisting of decorative or ornamental fencing. Additionally, only living plant materials, and the pots in which they are planted, may be displayed in the openings in the wall. 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. One side of the garden center shall be contiguous to the principal use to which it is accessory.

(4)

Stocking of the garden shop shall be done internally or through a single gate at the rear of the premises.

(5)

No more than one other gate in addition to the gate described above, at the rear of premises shall be provided to allow bulky items to be carried out for customer pickup.

405.14.3 Overhead Doors. Overhead doors or other openings larger than eight (8) feet in width and ten (10) feet in height shall not be located on the front or immediate street side elevations of buildings, unless they are utilized in a manner to enhance the design intent of the property subject to CAB approval. If oriented toward contiguous residentially-zoned land, as defined in section 401.1, the opening shall be screened with a decorative masonry wall and landscaping in accordance with the requirements contained in this LDC.

405.14.4 Special Provisions for Shopping Center Outparcels. Where an out parcel has been subdivided from the parent shopping center tract in accordance with the provisions of the Code, or in separate ownership from the shopping center or subject to a lease, license, or easement in favor of a person or legal entity separate from the shopping center, no more than 50 percent of the frontage of any shopping center may be obstructed by out parcel development consisting of walls, buildings or other visual obstruction except for landscaping materials and freestanding signs.

405.15. Pain Management Clinics, Medical Offices and Clinics, Drugstores and Pharmacies.

(a)

Dispensing by pain management clinics, and medical offices and clinics. On-site dispensing of controlled substances that are identified in schedule II, III, or IV in ss. 893.03, 893.035 or 893.0355, Florida Statutes, by a medical office or clinic, including a pain management clinic, is prohibited, unless such facility is staffed by a dispensing practitioner authorized to dispense controlled substances pursuant to ss. 465.0276, Florida Statutes, as amended.

(b)

Conditional use approval required for drugstores, pain management clinics and pharmacies.

(1)

All drugstores, pain management clinics and pharmacies, as defined in section 201, where permitted by this LDC, shall require conditional use approval regardless of the underlying zoning designation, unless it is proposed to be located on a hospital campus.

(2)

The applicant for a conditional use approval for a drugstore, pain management clinic or pharmacy shall provide a survey certified to the city prepared by a Florida state licensed surveyor and mapper and submitted to the department, indicating the distance in linear feet between the nearest point of the structure of the proposed pain management clinic or pharmacy, and the nearest point of the structure of any existing pain management clinic or pharmacy. The survey shall be no older than sixty (60) days as of the date that a permit application is filed with the department.

(3)

Each drugstore, pain management clinic and pharmacy location shall be approved through the conditional use approval process separately regardless of whether the drugstore, pain management clinic or pharmacy is operated under the same business name or management as another pain management clinic or pharmacy.

(4)

The application for a conditional use for a pain management clinic shall disclose, in detail, the owners and operators of the facility.

(5)

In addition to the conditional use review criteria contained in section 305, the consideration of a conditional use approval for a pain management clinic may include consideration of the specific registration criteria for pain management clinics provided in ss. 458.3265 and 459.0137, Florida Statutes, as amended.

(c)

Supplemental requirements for pain management clinics.

(1)

Prior to issuance of a zoning certificate of use in accordance with section 321, a pain management clinic shall provide to the director proof of registration with the Florida Department of Health, as required by §§ 458.3265 and 459.0137, Florida Statutes, as amended.

(2)

A pain management clinic approved by conditional use shall, at the time of annual renewal of its business tax receipt, update its disclosure of the owners and operators of the facility and the clinic's designated physician in accordance with s. 458.3265, Florida Statutes. The pain management clinic shall immediately report any change to these disclosures.

(3)

A pain management clinic shall be limited to the hours of 7:00 a.m. to 9:00 p.m. Monday through Saturday.

(4)

Pain management clinics shall be prohibited from operating any outdoor seating areas, queues or exterior customer waiting areas. Activities shall not be conducted outside of a completely enclosed structure.

(d)

Supplemental requirements for pharmacies, as defined in section 201. Prior to issuance of a certificate of use in accordance with section 321, a pharmacy shall provide to the director proof of registration with the Florida Department of Health, as required by ss. 458.3265 and 459.0137, Florida Statutes, as amended.

(e)

Location restrictions: Drugstores, pain management clinics and pharmacies, as defined in section 201, except for those located on a hospital campus, shall also be subject to the following additional location restrictions:

TABLE 405-8
MINIMUM DISTANCE SEPARATION (FEET)

The distances provided herein shall be measured from the nearest point of the property line of the structure of one facility to the nearest point of the structure of the other facility using a straight line. The foregoing location restrictions shall not apply to pharmacies or pain management clinics for which an application for a business tax receipt has been submitted prior to September 21, 2011, the effective date of Ordinance No. 11-10.

(f)

State and federal law. All medical offices or clinics, pain management clinics and pharmacies shall be subject to all applicable requirements of state and federal law.

405.15a. Parks, reservations, playgrounds, and state or national forests. Public parks, public reservations, public playgrounds, and state or national forests shall be located at least 100 feet from any off-premises sign or billboard. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the public park, public reservation, public playground, or state or national forest property to the nearest point of the edge of the sign face.

405.16. Pawnshops.

(a)

Pawnshops shall only be permitted by conditional use approval in the B3 district and may not operate within 1,500 feet of another pawnshop. This measurement shall include pawnshops operating within and outside of the city's municipal boundaries and shall be measured by a straight airline measurement from the closest point of the lots upon which the structures are located.

(b)

No pawnshop shall be permitted to be located within 2,000 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the pawnshop property to the nearest point on the property line of the adult entertainment use.

405.17 Penny arcades.

Penny arcade facility shall not be permitted to be located within 2,000 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the penny arcade facility property to the nearest point on the property line of the adult entertainment use.

405.18. Requirements for Places of Public Assembly/Places of Worship/Religious Institutions.

TABLE 405-9
REQUIREMENTS FOR PLACES OF PUBLIC ASSEMBLY

405.19. Place of worship.

(a)

Places of worship shall not be permitted to be located within 1,500 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the place of worship property to the nearest point on the property line of the adult entertainment use.

(b)

Places of worship shall not be located within 1,000 feet of any pain management clinic. Distances shall be measured using a straight an airline measurement from the property line of the property on which the place of worship is located to the nearest property line of the pain management clinic.

(c)

Places of worship shall be at least 100 feet from any off-premises sign or billboard. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the place of worship to the nearest point on the edge of the sign face.

405.20. Pool or Billiard Hall. Pool or billiard halls shall not be permitted to be located within 1,500 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the pool or billiard hall property to the nearest point on the property line of the adult entertainment use.

405.21. Portable Storage Units.

405.21.1. Location.

(a)

Portable storage units may be located in single-family residential zoning districts, as defined in section 401.1. Portable storage units in single-family districts shall be placed in the driveway, be set back a minimum of three (3) feet from the front property line and may not block any sidewalk.

(b)

Portable storage units may be allowed in multi-family districts only upon the applicant demonstrating, to the satisfaction of city staff, that the specific location/complex has sufficient space to place a portable storage unit and continue to provide adequate parking, public safety access and comply with all health, safety and welfare concerns.

(c)

Portable storage units are expressly prohibited in all other zoning districts, except those districts which specifically permit outdoor storage use.

405.21.2. Number, Duration, and Removal.

(a)

There shall not be more than one portable storage unit on site. The portable storage unit shall be no larger than 130 square feet in area and no higher than eight (8) feet from grade. A site permit, as required in this section below, for a portable storage unit to remain at a site shall be valid for a maximum of fourteen (14) consecutive days. If, during the 14-day period, the portable storage unit is removed, it may be replaced by a different portable storage unit so long as there is never more than one on the property at any time and the total time such units are on the property does not exceed fourteen (14) days. All sites are limited to a maximum of three site permits within a calendar year with a minimum of thirty (30) consecutive days between permits.

(b)

Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a hurricane watch by a government agency. The removal of a portable storage unit during such hurricane watch is the responsibility of the owner/operator of the portable storage unit.

405.21.3. Permits.

(a)

Prior to commencing business in the city, the portable storage company must obtain an annual permit outlining the obligations and requirements for conducting business in the city. The fee for such permit shall be set and amended by resolution of the city commission.

(b)

Prior to placing a portable storage unit on site, the owner/operator of the portable storage unit must apply for a site permit. Application for the site permit shall be made to the city on a form provided by the city. The application shall include the signature of the site property owner in order to ensure that the site owner has full knowledge of, and consents to the placement of the portable storage unit on site and the provisions of this section. A site permittee shall accompany the completed application, payable by the portable storage company.

(c)

Portable storage unit permits will not be granted to any portable storage unit company, or customer of any portable storage unit company, which is found to be in violation of the regulations of this section, until such violation is brought into compliance.

405.21.4. Standards.

(a)

The exterior of the portable storage unit shall have a weather-proof clear pouch which must display the site permit at all times. A portable storage unit shall have no signage other than the name, email address, and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit. The sign must be permanently adhered to or painted on the portable storage unit.

(b)

The owner of the portable storage unit shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage units.

405.21.5. Violation.

(a)

It shall be unlawful for any person to place or permit the placement of a portable storage unit on property which he or she owns, rents, occupies or controls without first obtaining a site permit and approval from the city.

(b)

It shall be unlawful for any owner/operator of a portable storage unit to place, or permit the placement of, a portable storage unit on a site within the city without first obtaining a site permit and approval from the city.

(c)

Persons who place, or permit the placement of, a portable storage unit without first obtaining a site permit shall be provided a grace period of one business day from delivery to remove the portable storage unit or obtain a site permit. Should the person not obtain a permit or not remove the portable storage unit at the termination of the grace period, the person shall be considered in violation of the code. After the issuance of a summons to appear, the violator will be subject to the penalties as provided in chapter 2 of the city code of ordinances. Each day that any such portable storage unit remains at a site in violation of the provisions of this section shall constitute a separate violation against the portable storage company, and against any person who owns, rents, occupies, or otherwise controls the site.

(d)

It shall be unlawful for a portable storage unit to remain at a site in excess of the time periods permitted under this section. Each day that any such portable storage unit remains at a site in violation of the provisions of this section, shall constitute as a violation against the portable storage company, and against any person who owns

405.22. Propane Gas Storage Tanks. Except as provided below, all propane gas storage tanks, other than propane gas storage tanks owned by the city, shall be required to obtain conditional use approval pursuant to section 305, prior to issuance of a building permit. This subsection shall apply to propane gas storage tanks which are installed on a lot or parcel for the purpose of serving users, including domestic household users, which users are located off of the lot or parcel upon which such propane gas storage tank is located. This provision does not apply to propane gas storage tanks which are maintained upon residential lots or parcels for customary accessory use by homeowners, including use for barbecue grills and swimming pool or spa heating purposes and similar accessory uses. This provision does not apply within the Utilities zoning district provided by section 403.

405.23 Residential Communities.

405.23.1 Minimum Useable Open Space and Locational Criteria.

(a)

Developments in RS6 and RS7 districts of five (5) acres or more in size shall provide a play area lot with play equipment designed for children. At least fifty percent (50%) of said play lot and at least three (3) units of said play equipment shall be designed for children ages two (2) through six (6). The balance shall include improved land and facility improvements to include basketball courts, tennis courts, open play fields and the like as determined by the DRC. The play lot shall have at least thirty (30) square feet of area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be 1,500 square feet. The play lot shall be located in an area convenient to the majority of units within the development, as determined by the director. All or a portion of usable open space may be used to provide the play lot; however, the requirements for a play lot will not be applied to developments restricted by deed which in the opinion of the city attorney creates said restrictions to adults.

(b)

Within RM districts, as defined by section 401.1, plots of one (1) acre or more in these districts shall contain a minimum useable open space of six percent of the plot area. Developments of five (5) acres or more in size shall provide a play area lot with play equipment designed for children. At least fifty percent (50%) of said play lot and at least three (3) units of said play equipment shall be designed for children ages two (2) through six (6). The balance shall include improved land and facility improvements to include basketball courts, tennis courts, open play fields and the like as determined by the DRC. For multifamily developments, the play lot shall have at least thirty (30) square feet of area for each dwelling unit with two (2) or more bedrooms; for single-family detached developments, the play lot shall have at least 500 square feet of area for each dwelling unit with two (2) or more bedrooms. The minimum size for any play lot shall be 1,500 square feet. The play lot shall be located in an area not directly adjoining or across a water body from any single-family zoned lot unless it is impractical, as determined by the director. All or a portion of usable open space may be used to provide the play lot; however, the requirements for a play lot will not be applied to multi-family residential developments restricted by deed which in the opinion of the city attorney creates said restriction to adults.

(c)

Land utilized for this play area shall be an acceptable dimension, topography and general character to support the appropriate fall zone required by and the playground equipment conforming to the U.S. Consumer Product Safety Commission standards.

405.23.2 Accessibility. All multi-family development projects within the RM zoning district shall provide a walkway system that links buildings and parking areas to onsite amenities.

405.23.3 Home-Based and Common Area-Based Assembly Uses.

(a)

These standards shall apply to any proposed or existing home-based or common-area based assembly use located in the following residential zoning districts: rural district (RL, estate residential districts (E and RS1), single-family residential districts (RS2, RS3, RS4, RS5, RS6, RS7 and RS8), multi-family residential districts (RM1, RM2, RM3 and RM4) and Traditional Neighborhood Development (TND).

(b)

Home-based and common-area based assemblies are permitted, whether for social, religious, or other reasons, as an incidental accessory use to the principal residential use.

(c)

Frequency of home-based and common-area based assembly uses. Assemblies that occur four (4) or more times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use and shall not be permitted.

(d)

Parking standard:

(1)

Home-based assembly uses. A home-based assembly use which results in an additional eleven (11) vehicles being parked near the dwelling unit at each assembly will be deemed to be beyond the scope of the accessory use and shall not be permitted. Vehicles parked legally on the site of the home-based assembly shall not be counted toward the eleven (11) vehicles.

(2)

Common-area based assembly use. A common area-based assembly use which results in an additional six (6) vehicles being parked near the common-area based assembly use will be deemed to be beyond the scope of the accessory use and shall not be permitted. Additionally, the parking demand created by such assemblies shall not exceed the supply of parking spaces provided within the shared guest or visitor parking areas allocated to common-area functions.

405.23.4 Locational standards.

(a)

Residentially-zoned property must be located at least thirty (30) feet from a pre-existing child care center.

(b)

Residentially-zoned property must be located at least 200 feet from a pre-existing fuel service station.

(c)

All measurements of distances shall be along a straight airline route from the nearest point on the property line of the residentially-zoned property to the nearest point on the property line of the use from which the residentially-zoned property is to be separated.

(d)

As used in this section, the term "residentially-zoned property" refers to property residential zoned as set forth in section 401.1.

405.24. Schools: Development Standards for Kindergarten through Twelfth (12th) Grades. The following supplemental development standards shall apply to kindergarten through twelfth (12th) grade schools. Such schools, whether public or private, are only permitted as a conditional use in community facilities (CF) and single-family (RS2-8) and multi-family (RM1-4) residential districts. The conditional use, site plan, and CAB applications (and any other applications that may be necessary, e.g. plat, rezoning, variance) shall be processed through the city's cost recovery procedures in accordance with Ordinance 00-46, as amended. Private Schools that meet the requirements of Section 1002.42, Florida Statutes are exempt from conditional use approval.

(a)

Fencing. Decorative fencing, subject to CAB approval, and not to exceed six (6) feet in height, shall be provided around the perimeter of the school site, around any exposed mechanical or electrical equipment, and surrounding exterior child care and kindergarten play areas. Prohibited fencing materials include chain link, razor wire, barbed wire, and electrically charged systems.

(b)

Paving, Marking and Accessibility. All internal walks, roads, driveways, and parking areas shall be paved, and shall be marked and striped in accordance with the code. Parking areas shall comply with the Americans With Disabilities Act.23 U.S.C. s. 12101 et. seq. Chapter 11 of the Florida Building Code, and s. 316.1955, Florida Statutes. Accessible walkways shall be provided, and shall connect building entrance(s) to accessible parking areas, public streets, sidewalks, loading and drop-off zones, playgrounds and other facilities within the school site.

(c)

Covered Walkways. All buildings shall be connected by paved walks and accessible under continuous roof cover. The design of the roof cover shall be compatible with the architecture of the buildings, and shall comply with the city's architectural design standards.

(d)

A master sign plan indicating the location and dimensions of all signs (i.e. directional, identification, traffic-related signs) shall be submitted as part of the application for site plan and CAB approval.

(e)

Drainage. Soil, grass and planting beds shall provide positive drainage away from sidewalks and internal walkways. The location of all drainage elements and curb cuts shall be separated from the main flow of pedestrian traffic. All paved areas shall have positive drainage.

(f)

Site Access. Site access shall consist of a primary access road and a secondary means of access to be used at a minimum in the event that the primary road is blocked. The following requirements shall apply to site access design:

(1)

Driveways shall not completely encircle a school building, in order to allow student access to recreational areas without crossing vehicle traffic. Vehicular and pedestrian traffic shall not cross each other within the site, unless approved safety devices are provided where vehicular and pedestrian traffic cross. Driveways should be designed so that bus driveways and parent vehicle pick-up areas are separated.

(2)

Decorative bollards, subject to CAB approval, shall be used for the protection of pedestrians and structures from vehicles. Illuminated decorative bollards may be used for pedestrian walkways, provided that minimum levels of illumination are met.

(g)

Bus Driveways. Bus driveways shall be designed to ensure that buses are not required to back up. The minimum width of any internal drive which accommodates buses shall be twenty-four (24) feet.

(h)

Lighting.

(1)

Exterior security lighting shall be provided for the following areas of the school site, to ensure safety when the facility is occupied after dark: vehicle, bus and service drives; loading areas; parking areas; building perimeters; and covered and connector walks between buildings and parking areas.

(2)

Parking areas, covered and connector walks, and parking area entrances/exits shall be illuminated to the minimum number of average maintained horizontal foot-candles, measured at the surface with a uniformity ratio of 2:1 as follows:

(A)

Parking areas: 1 foot-candle

(B)

Covered and connector walks: 1 foot-candle

(C)

Parking area entrances/exits: 2 foot-candles

(3)

Building exteriors, perimeters, and entrances shall be illuminated to the minimum number of average maintained horizontal foot-candles, measured at the surface with a uniformity ratio of 2:1, as follows:

(A)

Building entrances: 5 foot-candles

(B)

Building perimeters: 1 foot-candle.

Exterior lighting shall be shielded from adjacent properties zoned or used for residential use. Fixture designs and light poles shall be subject to CAB approval.

(i)

Setbacks. Building setbacks from the property line shall, at a minimum, be twenty-five (25) feet. When a school site abuts a property zoned for residential use, the minimum building setback from the property line adjacent to the residentially-zoned parcel shall be seventy-five (75) feet.

(j)

Recreational and Play Areas. Playgrounds, play equipment and athletic fields shall be accessible, compatible with the educational facility served, and shall comply with the following minimum requirements:

(1)

Kindergarten play areas shall be separated from other play areas, fenced in accordance with subsection (a), and shall be directly accessed from the kindergarten classrooms.

(2)

Direct access from the related school buildings shall be provided to play areas and athletic fields without crossing vehicular traffic on public roads, on-site driveways or traffic lanes or parking areas.

(k)

Locational Standards.

(1)

Buildings, recreational areas, playgrounds and other areas used by students shall not be located within a high-voltage power transmission line right-of-way.

(2)

Public or private nursery schools or schools containing any of the following grades: kindergarten through 12 ^th grade, shall not be permitted to be located within 2,500 feet of an adult entertainment use. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the school property to the nearest point on the property line of the adult entertainment use.

(3)

Public or private schools containing any of the following grades: kindergarten through 12 ^th grade, shall not be permitted to be located within 1,500 feet by straight airline measurement from any established facility selling alcoholic beverages for consumption on or off premises. The distance shall be measured from the main entrance point of the alcoholic beverage vendor's establishment to the nearest property line point of the public or private school containing any of the following grades: kindergarten through 12 ^th grade, used as a part of the school facility, except as provided in chapter 563, Florida Statutes, as may be amended from time to time.

(4)

Public or private schools containing any of the following grades: kindergarten through 12 ^th grade shall not be located within 1,000 feet of any pain management clinic. Distances shall be measured using a straight an airline measurement from the property line of the property on which the school is located to the nearest property line of the pain management clinic.

(5)

No public or private school shall be located within 100 feet of an off-premises sign or digital billboard. All measurements of distances shall be along a straight airline route from the nearest point on the property line of the public or private school to the nearest point on the edge of the sign face.

(l)

Traffic Review Required. In addition to the application requirements for conditional use review provided in Section 305 of the LDC, the applicant shall submit a traffic study for the proposed school which shall include, at a minimum: an analysis of school traffic on the surrounding neighborhood during the AM and PM peak hours; site ingress and egress; school bus drop-off and pick-up locations; parent drop-off and pick-up locations and timing; the need for traffic control devices and school zones. The scope and methodology of the required traffic study shall be pre-approved by the director.

405.25 Self-Storage/Warehouse/Industrial Uses/Research and Development.

405.25.1 Self-Storage. Self-storage facilities and warehouses shall not be permitted to contain businesses which require a business tax receipt for the premises.

405.25.2 Educational, scientific, industrial and manufacturing research and development. Automobile equipment, Artificial intelligence, Bio-chemical, Chemical, Coils, Communications, Computer software development, Data processing, Film and photography, Graphics, Medical or dental technology, Metallurgy, Metering instruments, Navigation, Optical devices, Pharmaceutical, Semi-conductors, Testing equipment and laboratory, Tubes, X-ray.

405.25.3 Warehousing and Industrial Uses. Permitted Light industrial and Medium industrial uses shall include the manufacture, fabricating, processing, converting, warehousing, distribution, wholesaling, altering and assembling of products, repairing, packaging or treatment of goods listed in Table 405-10.

405.25.3.1 Limitations of uses and structures. All permitted uses in this district shall be conducted within a completely enclosed building except as follows:

(a)

Overhead doors or other openings larger than eight feet in width shall not be located on the immediate street side elevations of buildings. However, on corner and double frontage lots said doors shall be permitted behind a six-foot decorative masonry wall with doors fronting properties of like zoning. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this LDC.

(b)

Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots.

(c)

No building or roofed structure shall be located less than 150 feet from any residentially-zoned property.

(d)

No more than one-half of the depth of any required setback area measured from a street line or a plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front plot line. The balance of the minimum required setback area shall be landscaped.

(e)

Should more than one building or structure be erected on the same lot, there shall be a minimum separation of 30 feet between them.

(f)

No building or structure, or part thereof, shall be erected or used, in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as it relates to sound, vibrations, odors, glare, radioactive materials, smoke and particular matters.

(g)

All necessary exterior lighting on the plot shall be installed as not to cause any nuisance to adjacent properties.

(h)

There shall be no open outside storage of materials, supplies, products, equipment or machinery, except automotive vehicles, unless area used for such outside storage is effectively screened from the direct view at ground level from any street or from adjacent property. Said screening shall form a complete opaque screen up to eight feet in vertical height. Said screening may include fencing up to a height of eight feet, provided that said fence is surrounded by trees and/or hedges of a height not less than three feet at time of planting and maintained at the height of the fence. Outdoor storage shall be meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between a frontage street and the building line unless behind an eight-foot decorative masonry wall.

(i)

Fuel storage tanks may be above ground for emergency generators if fully screened by a masonry or concrete wall, finished in a manner consistent with the structure and landscaped with a continuous hedge and tree on each elevation of the wall. All other fuel tanks, regardless of type will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for backup generator day tanks.

(j)

All improved land shall be well graded and free from underbrush and objectionable plant growth. All unimproved land shall be kept free of debris and shall not be used for storage of any materials. The road right-of-way landscaped areas shall be mowed at least every two weeks by the adjoining property owner.

(k)

All property shall be kept free from rubbish or debris. All buildings shall be kept painted and protected from deterioration and shall not be permitted to become dilapidated.

(l)

All driveways, walkways, parking areas, storage and loading areas of developed property shall be well graded and surfaced with at least asphaltic concrete or other equivalent hard, dustless materials.

(m)

The nature of any light or medium industrial use shall not be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or create a disturbance or annoyance.

(n)

Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood is prohibited.

(o)

Privately-owned fuel service facilities shall be permitted above-ground in PID zones, provided that fuel services are only provided to the business that operates these facilities for their fleet and employee vehicle operations and not sold to the public at-large and that all facilities are effectively screened from public view.

405.25.3.2 Trip generation standards. The applicable trip generation for standards for uses and buildings which are a combination of office and industrial and other office uses identified below shall be determined as follows:

(a)

Any combination of office and industrial use shall be treated as industrial use so long as:

• The office use is accessory to permitted light industrial use as defined in Section Table 405-10. Such accessory use shall be considered industrial use for the purposes of trip generation calculation and shall not be included in calculating the 25 percent limitation below.

• The office use is not accessory to permitted light industrial use, but, when aggregated with other such uses does not exceed 25 percent of the total gross square footage of building area permitted within the overall PID.

(b)

Office uses which are not accessory to permitted light industrial use and which in the aggregate exceed 25 percent of the total gross square footage of building area permitted within the overall PID, shall be assessed at the office rate for the area exceeding the 25 percent. However, within a previously approved development of regional impact, only office uses which exceed 35 percent of the total square footage of building area permitted within the overall PID shall be assessed at the office rate for the area exceeding the 35 percent.

(c)

Single-story and multi-story office buildings, including banks and those uses of a medical and professional nature shall be assessed at the office rate. Such office uses are independent of any industrial use and would not be included in the 25 percent limit.

TABLE 405-10
INDUSTRIAL USES

405.26 Shopping Carts. Grocery stores, department stores, pharmacies and drugstores and other commercial establishments that provide shopping carts to their customers must provide an outdoor cart corral, constructed with a painted finish subject to CAB approval, in the parking lot for every 50 parking spaces.

Such stores located within mixed-use districts, as defined by section 401.1 may provide some or all of the exterior shopping cart storage behind a decorative wall adjacent to the building, in lieu of or supplemental to, the corrals provided in the parking lot.

405.27 Swimming Pool Supply Stores. Retail sales of swimming pool supplies shall be subject to the following conditions and limitations:

(1)

All swimming pool supplies, including pre-packaged chemicals, except bulk quantities of sodium hypochlorite, shall be dispensed strictly through retail sales and shall be stored and sold within a completely enclosed structure.

(2)

Bulk quantities shall mean any quantity stored in any container, which Quantity is to be removed for repackaging. Bulk storage shall mean any storage of any material, which material is to be removed for repackaging.

(3)

Wholesale or bulk-non-packaged storage or sale of calcium hypochlorite or muriatic acid shall not be permitted. Muriatic acid shall be sold only if pre-packaged.

(4)

The sale and storage of all swimming pool related chemicals and other such supplies shall be regulated by the standards set forth in the Florida Building Code, the Florida Fire Prevention Code, the provisions of the National Fire Protection Association relating to storage of liquid and solid oxidizing materials and storage of gaseous oxidizing materials, and applicable regulations established by Broward County, as such standards may be amended from time to time.

405.28 Utility Substations. All utility facilities shall be buffered by an opaque vegetative perimeter landscape buffer of at least eight (8) feet in height.

405.29 Veterinary and Animal Hospitals/Dog Grooming/Pet Daycare/Hotel.Veterinary and animal hospitals, subject to the following conditions and limitations:

(1)

All facilities shall be contained within completely enclosed structures without windows in any area where animals are contained or treated.

(2)

Adequate soundproofing in any area where animals are contained or treated, such that animal noises, such as for example barking, cannot be heard outside of the facility.

(3)

Exterior cages shall not be permitted.

(4)

Animals may not be exercised outdoors before 7:00 a.m. or after 7:00 p.m.

(5)

Shall contain an approved air-handling system for disinfection and odor control.

(6)

Shall contain adequate waste control facilities, such as a flush system or equal.

(7)

Shall contain no crematory facilities.

(8)

Such facility shall contain a minimum of 1,500 square feet.

(9)

All boarding activities shall be ancillary to the primary use.

405.30. Wetland Mitigation Banks. Wetland mitigation banks shall be a permitted use in land designated conservation on the land use plan and shall require conditional use approval in land designated rural on the land use plan. On-site mitigation for a development project is a permitted use.

405.31Workshops/Contractor shops Near Residentially-Zoned Properties. The following specific uses shall be permitted only when the entire site so utilized is not closer than 300 feet from any residentially-zoned district, as defined in section 401.1:

(1)

CD Cabinet and carpenter shop

(2)

Heating and air conditioning contractor shop

(3)

Sign shop

(4)

Tinsmith shop

(Ord. No. 18-01, § 4(Exh. C), 11-27-17; Ord. No. 18-05, § 3, 11-27-17; Ord. No. 18-07, §§ 17, 18, 3-7-18; Ord. No. 18-14, § 2(Exh. A), 9-17-18; Ord. No. 19-14, §§ 4—8, 2-20-19; Ord. No. 20-09, § 2(Exh. A), 3-18-20; Ord. No. 23-01, § 2, 11-14-22; Ord. No. 25-02, § 5, 10-16-24; Ord. No. 25-14, § 4, 9-3-25)

Purpose. The purpose of this section is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of this LDC which do not conform to the requirements of this LDC. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this LDC and the character of the city. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of this LDC and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this LDC or any subsequent amendment to this LDC may be continued or maintained only in accordance with the terms of this chapter. Where a licensed business establishment is located in conformity with the provisions of their distance separations requirement, the subsequent locating of a place of worship, school or child care center within these distance zones shall be prohibited.

406.1. Expansion of Nonconforming Use. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of this LDC or the effective date of any amendment to this LDC rendering such use nonconforming.

406.2. Discontinuation of a Nonconforming Use. If a nonconforming use is discontinued for a period of ninety (90) consecutive days, including any period of discontinuation before the effective date of this LDC, then that use shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located.

406.3. Change of Use. A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and conditional uses regulations contained in this LDC.

406.4. Repair or Reconstruction of Nonconforming Structure.

406.4.1. Ordinary repairs and maintenance may be made to a nonconforming structure. The director shall determine what constitutes "ordinary repairs and maintenance."

406.4.2. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event does not exceed fifty (50%) percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition; provided, that a building permit is secured and reconstruction is started within 180 days from the date of the damage, and such reconstruction is diligently prosecuted to completion without the expiration of building permits.

406.4.3. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event exceeds fifty percent (50%) of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located.

406.5. Alteration or Enlargement of Nonconforming Structure. Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted; provided, that:

(1)

The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in section 305; or the structure is an existing legal nonconforming detached single-family or duplex home and the alteration or enlargement will meet the requirements of paragraphs (2) through (4) below; and

(2)

In the case of a nonconforming setback, the enlargement or alteration follows the established line of the home and does not increase the extent of the existing non-conformity; no new nonconforming condition is created; or the enlargement or alteration itself conforms to the requirements of this LDC;

(3)

The total structure as enlarged or altered does not exceed the maximum density or intensity limit for the applicable district; and

(4)

The use of the structure is conforming.

406.6. Moving of Nonconforming Structure. A nonconforming structure shall not be moved in whole or in part to any other location, unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of applicable city regulations.

406.7. Nonconforming Lots of Record.

406.7.1. Use as permitted. Notwithstanding limitations imposed by other sections of this LDC, any nonconforming lot of record which was and continues to be in single and separate ownership on the date of adoption of this. LDC may be used as permitted by the district regulations for the district in which the lot is located. This section shall apply even though such lot of record fails to meet the requirements for width or area or both that are generally applicable to it; provided, that all yards and other requirements not involving lot width or area shall conform to the regulations for the district in which the lot is located.

406.7.2. Subdivision of nonconforming lots. When two or more contiguous, vacant, nonconforming lots of record are in a single ownership, such lots shall be subdivided in such manner as will make them conforming. If this is impossible or impractical, the city commission may grant such variance from this requirement in conformance with the requirements of this LDC.

Properties that were previously considered to be conforming lots of record that have subsequently been granted permission to become subdivided by the Broward County property appraiser's office but prior to and without formal approval by the city, may not necessarily be granted variances.

406.8. TOC Land Use (Pre-Existing Conditions)

406.8.1. The provisions of this section of the LDC shall apply, except as expressly stated in this section. Unless otherwise permitted as an exception or allowed to continue as a nonconforming use, all existing, proposed and new development and uses of land in the TOC land use designation shall conform strictly to the provisions of this LDC.

406.8.2. All non-conforming commercial properties existing as of November 1, 2017, [the effective date of this provision in Ordinance No. 18-01 within the TOC at the time a building permit is issued for substantial improvement must be improved, to the extent reasonably practical, to minimize site and building non-conformities in accordance with the compliance plan procedures provided for in section 312.

406.8.4.The issuance of any permit, certificate or approval in accordance with the standards and requirements of this section 406.8 shall not relieve the recipient from complying with all other applicable requirements of any city, county, state or federal agency having jurisdiction over the structures or land functions for which the permit, certificate or approval was issued.

406.8.5.Where buildings exist on adjacent lots within a TOC, the director may require that a proposed building match one or the other of the adjacent setbacks and heights, to the extent reasonably practical, rather than those provided for the property under the specific provisions of this LDC.

406.8.6.Existing Parking Areas that provide parking in excess of the requirements of this LDC may be reduced in accordance with sections 715.3.1 and/or 808.

(Ord. No. 18-01, § 4(Exh. C), 11-1-17)

(Ord. No. 20-09, § 2(Exh. A), 3-18-20)

409.1 Purpose. The purpose of this section is to establish procedures and regulations for the development of mixed-use affordable housing developments pursuant to the provisions of F.S. § 166.04151(7), as created and amended by Chapter 2023-17 and 2024-188, respectively, Laws of Florida, the "Live Local Act" (the "Act"), as amended from time to time, which development involves a combination of residential and non-residential components, and a combination of dwelling units, at least forty (40) percent of which must qualify as affordable housing units, as defined in F.S. § 420.0004, to accomplish the following purposes:

1.

Facilitate the orderly and efficient development of affordable multi-family housing in the city pursuant to the Act;

2.

Confirm qualifying developments proposed pursuant to the Act are mixed-use residential developments, as required by the Act, given less than twenty (20) percent of the city's land area is designated for commercial or industrial use;

3.

Specify the city zoning districts to which this section is applicable and within which qualifying developments proposed pursuant to the Act are authorized and may be approved administratively pursuant to the Act;

4.

Confirm the land development regulations applicable to proposed qualifying developments under the Act, including acknowledgment of the statutory mandates regarding use, height, and density.

Applicability: Shall only be mixed-use multifamily residential development projects.

409.2 Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Act means the Live Local Act of 2023 and the amended provisions of Senate Bill 328 collectively.

Adjacent, for the purpose if this Section, means having a common boundary or edge; abutting; touching.

Density or gross density means the number of dwelling units allocated to the project divided by the total project acreage. "Net density" means the number of residential dwelling units divided by the net parcel area.

Major transportation hub means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

Qualifying development means a multiple-family mixed-use development proposed pursuant to Section 166.04151(7), Florida Statutes, as amended from time to time, with a minimum of sixty-five percent (65%) of the gross square footage used for residential purposes, at least forty percent (40%) of residential units are affordable rental units, as defined in Section 420.0004,Florida Statutes, for a period of at least thirty (30) years, and with the remaining of the gross square footage dedicated to non-residential uses, as permitted in the applicable zoning district.

409.3 Application Process. The approval process for a qualifying development located within an applicable zoning district as listed in subsection 409.4 below, shall include payment of a fee, an application on a form provided by the city, site development plans and required in Section 310 "Site Plan" and Section 311 "Community Appearance Board", and affidavit of commitment to City of Miramar's Affordable Housing standards for income qualification, monitoring, and inspection during the full minimum 30 years of operation including acknowledgement of the auditing requirements for eligibility of all tenants living within the designated affordable housing units in order to establish compliance with the provisions of the Live Local Act and penalties for non-compliance as further outlined below. Upon application, the city shall complete a sufficiency review of the materials submitted and provide a response that the application is complete or specifically what items are still required. Once sufficiency review is complete and satisfies the requirements of a site plan and community appearance board submittal, the application shall be reviewed by the Development Review Committee (DRC) and Community Appearance Board (CAB) concurrently. The DRC and CAB shall provide a final determination of the application prior to submittal of a building application. Qualifying developments located on land within one-quarter mile of a military installation identified in 163.3175(2) F.S., may not be administratively approved.

No qualifying development shall locate near a runway within one-quarter of a mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway.

409.4 Minimum Application Requirements.

409.4.1 Project Narrative. Application shall contain a narrative which demonstrates compliance with Section 166.04151 of the Florida Statutes.

409.4.2 Site Development Plan. An application for consideration of a Live Local Act Development project shall have drawings prepared by one or more of the following design professionals, as appropriate:

(a)

A planner who is a member of the American Institute of Certified Planners (AICP); and/or

(b)

A landscape architect registered by the State of Florida (RLA); and/or

(c)

An architect registered by the State of Florida (RA); and/or

(d)

A civil engineer registered by the State of Florida (PE); and/or

(e)

A land surveyor registered by the State of Florida.

All surveys and site plans, including design data, calculations, and analysis, shall be certified to and for the reliance of the city by an AICP planner and State of Florida licensed engineer, architect, landscape architect, and mapper and surveyor, according to their professional licensed discipline. No certification shall be older than 180 days prior to the date of application for site plan approval. All surveys and site plans must be current, meaning that the survey or site plan is no older than 180 days prior to site plan or site plan amendment application (or brought up to date) and depicts current conditions on the subject property. Surveys shall be prepared in accordance with the minimum technical standards of F.S. § 472.027, and F.A.C. ch. 21HH-6, and attached as an exhibit to the application.

409.4.3 Affordable Housing Declaration of Restrictive Covenants. As a condition of approval and prior to any site or building permits for the project being requested or obtained, the applicant (and the property owner, if different from the applicant) must execute and have recorded in the public records of Broward County, Florida, a Declaration of Restrictive Covenants. Such Declaration of Restrictive Covenants shall:

(1)

have terms acceptable to the city;

(2)

run with and be binding upon the land for no less than thirty (30) years from the issuance of a certificate of occupancy for the last principal structure of the project;

(3)

be enforceable by the city;

(4)

detail the affordable housing and project conditions and restrictions required by this section, the Live Local Act and on the approval of the project;

(5)

provide for monitoring, and compliance requirements; and

(6)

provide for the city's enforcement remedies. Mortgage holders will be required to execute and record a subordination of their lien interest to such Declaration of Restrictive Covenants prior to or simultaneously with the recording of the Declaration of Restrictive Covenants. The city will provide the monitoring and compliance forms upon submittal of the application, deemed complete and sufficient.

409.4.4 Equivalent Treatment of All Dwelling Units Requirements. Affordable dwelling units and market rate units within a qualifying development shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every qualifying development structure contains both affordable and market rate units in equal proportions; in no event shall a qualifying development structure consist entirely of market rate units.

(a)

All common areas and amenities within a qualifying development shall be accessible and available to all residents (both affordable and market rate units).

(b)

Access to the required affordable dwelling units in a qualifying development shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development, provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance.

(c)

Affordable dwelling units shall be developed simultaneously with, or prior to, the development of the market rate units.

(d)

If the development is phased, the phasing plan shall provide for the construction of affordable units proportionately and concurrently with the market rate units and nonresidential uses. A certificate of occupancy for affordable units must be issued concurrently with or prior to the certificate of occupancy for market rate units of the development. In phased developments, affordable units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

(e)

The exterior appearance of affordable units shall be the same as the market rate units and shall provide exterior building materials and finishings of the same type and quality.

(f)

The interior building materials and finishes of the affordable units shall be the same type and quality as the market rate units, including, but not limited, to all electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative finishes.

409.4.5 Agent Authorization. An affidavit with the property owner's notarized authorization.

409.4.6 Assurances of Affordability.

(a)

Pursuant to F.S. § 166.04151(7), at least forty (40) per cent of the multi-family residential units shall remain affordable, as defined in F.S. § 420.0004, for a period of at least thirty (30) years. Before the issuance of any building permit, the property owner shall execute and deliver to the city for recordation in the public records, on a form approved by the city attorney, a covenant, declaration of restriction, or other deed restriction in favor of the city ensuring compliance with this affordability requirement and providing enforcement rights for the city.

(b)

The property owner shall provide to the city, each year on January 15, an annual certification form certifying all affordable housing units meet the affordability criteria set forth in F.S. § 420.0004.

409.5 Applicable Zoning Districts. Based on the requirements of Florida law, qualifying developments shall be permitted in the zoning districts listed below.

Commercial Recreation District (CR)

Neighborhood Business (B1)

Community Business (B2)

Heavy Business (B3)

Office Park (OP)

Employment Center (EC)

Planned Industrial Development (PID)

Traditional Neighborhood Development (TND)

Mixed-Use High (MH)

Mixed-Use Low (ML)

Transit Oriented Corridor - Mixed-Use High (TOC-MH)

Transit Oriented Corridor - Mixed-Use Low (TOC-ML)

Transit Oriented Corridor - Special District 1 (TOC-SD1)

409.6 Applicable development regulations.

1.

Residential use.

(a)

The residential component of a qualifying development, the maximum density shall be the highest allowed density on any land in the city where residential development is allowed by right, without incorporation of any bonus density and/or flex and reserve units. The maximum permitted density in the city is twenty-five (25) dwelling units per acre.

(b)

Sixty-five (65) percent of the total gross square footage of a qualifying development shall be used for residential purposes.

(c)

Equivalency of affordable dwelling units.

i.

Affordable dwelling units and market rate units within a qualifying development shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every qualifying development structure contains both affordable and market rate units in equal proportions; in no event shall a qualifying development structure consist entirely of market rate units.

ii.

All common areas and amenities within a qualifying development shall be accessible and available to all residents (both affordable and market rate units).

iii.

Access to the required affordable dwelling units in a qualifying development shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development, provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance.

iv.

Size per unit: square footages of dwelling units in the affordable dwelling units shall meet the minimum requirements as provided in Table 402-4 of Section 402, Residential Zoning Districts.

v.

Affordable dwelling units shall be developed simultaneously with, or prior to, the development of the market rate units.

vi.

If the development is phased, the phasing plan shall provide for the construction of affordable units proportionately and concurrently with the market rate units and nonresidential uses. A certificate of occupancy for affordable units must be issued concurrently with or prior to the certificate of occupancy for market rate units of the development. In phased developments, affordable units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

vii.

The exterior appearance of affordable units shall be the same as the market rate units and shall provide exterior building materials and finishings of the same type and quality.

viii.

The interior building materials and finishes of the affordable units shall be the same type and quality as the market rate units, including, but not limited, to all electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative finishes.

(d)

Affordability commitment.

i.

Pursuant to F.S. § 166.04151(7), at least forty (40) per cent of the multi-family residential units shall remain affordable, as defined in F.S. § 420.0004, for a period of at least thirty (30) years. Before the issuance of any building permit, the property owner shall execute and deliver to the city for recordation in the public records, on a form approved by the city attorney, a covenant, declaration of restriction, or other deed restriction in favor of the city ensuring compliance with this affordability requirement and providing enforcement rights for the city.

ii.

The property owner shall provide to the city, each year on January 15, an annual certification form certifying all affordable housing units meet the affordability criteria set forth in F.S. § 420.0004.

2.

Allocation of shared space square footage.

(a)

Lobby, service areas, and amenity areas exclusively serving the residential uses of a qualifying development shall be considered residential square footage.

(b)

Common ground floor lobby, service areas, parking, and amenity areas within a structure housing both residential and non-residential uses shall be proportionately allocated to the residential and non-residential square footage requirements.

3.

Non-residential use.

(a)

A minimum of ten percent (10%) of the total square footage of the qualifying development may be devoted to principal non-residential uses that are not dedicated to, or exclusively accessible by, the on-site residential uses. The total minimum non-residential square footage does not include residential community amenities, or non-residential uses open only to residents of the qualifying development are not considered non-residential uses.

(b)

Non-residential uses shall be limited to those uses permitted in the zoning district and land use regulations applicable to the land on which the qualified project is located. Proposed uses requiring conditional use shall be subject to city commission approval and the applicable regulations and limitations for the use.

4.

Site design.

(a)

Qualifying developments located on land zoned industrial may locate non-residential uses in a structure separate from residential uses. Structures used for more intense industrial purposes, as determined solely by the city, may be buffered and setback from the residential structures in the same manner, applying setbacks, landscape buffers, and other applicable regulations as if the residential structures were on a separate site.

(b)

Qualifying developments located on land adjacent on two sides or more to a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, height is limited to 150 percent (150%) of the tallest adjacent building or three (3) stories, whichever is greater, as provided in the Act.

(c)

Qualifying developments shall be granted the highest currently allowed height for a commercial or residential building development located within 1 mile (within city boundary) of the proposed development or 3 stories, whichever is higher.

409.7 Bulk regulations.

TABLE 409-1: LLA BULK REGULATIONS

409.8 Parking.

TABLE 409-2: LLA PARKING REGULATIONS

409.8.1 Parking reduction near transit stop. A qualifying development that is located within one-quarter (¼) mile of a transit stop, as determined by the city, may request up to a ten (10) percent reduction in the total parking requirements, and such request shall be evaluated based on site conditions and the following criteria:

(a)

There is a continuous public sidewalk or multi-use path from the proposed qualifying development to the transit stop (or the proposed qualifying development will provide such continuous path); and

(b)

The proposed qualifying development provides onsite and offsite enhancements to pathways and sidewalks to support pedestrian comfort and other improvements/techniques to achieve the same goal, including, but not limited to: incorporating canopy trees; distinctive pavement; identity, wayfinding, and directional signage; transit infrastructure; and shaded rest areas furnished with appropriate street furniture.

(c)

The proposed qualifying development meets the minimum amount of non-residential square footage as provided in Section 409.5.3.

409.8.2 Parking reduction near major transportation hub. A qualifying development that is located within one-half (½) mile of a major transportation hub, as defined in F.S. § 166.04151, shall receive a twenty (20) percent reduction in the total parking requirements, and such request shall be evaluated based on site conditions and the following criteria:

(a)

There is a continuous public sidewalk or multi-use path from the proposed qualifying development to the major transit stop (or the proposed qualifying development will provide such continuous path); and

(b)

Has available parking within 600 feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development.

409.8.3 Parking in the Transit Oriented Corridor. A qualifying development that is located within the boundaries of the City of Miramar's Transit Oriented Corridor Future Land Use designation shall not be subject to parking requirements.

409.8.4 Garage Parking. Parking garages, if used, must be screened and shall not be located along roadway frontages.

409.9 Landscaping. Qualifying developments shall conform to the landscaping and buffering requirements contained in Section 506 of the land development code consistent with the residential zoning district which permits comparable uses.

409.10 Codification/Sunsetting. This Section shall be incorporated into the City of Miramar Land Development Code. The provisions of this Section shall sunset and be automatically repealed upon the occurrence of any one of the following: (1) Section 5 of The Live Local Act as set forth in Chapter 2023-17, Laws of Florida, expires on October 1, 2033; (2) Section 5 of The Live Local Act as set forth in Chapter 2023-17, Laws of Florida, is held unconstitutional or invalid by a court of competent jurisdiction; or (3) Section 5 of The Live Local Act as set forth in Chapter 2023-17 is repealed. The sunsetting of this Section will not terminate any conditions of approval for projects utilizing it prior to its sunsetting or the City's ability to enforce the same, including without limitations, any terms and conditions of Declaration of Restrictive Covenants pertaining to the project.

(Ord. No. 25-02, § 4, 10-16-24)