The intent of a zoning overlay area is to note a specific area of the city where circumstances or conditions of location, use or special interest require unique or enhanced land development standards to promote the orderly development, redevelopment and use of the area. Overlay areas may be used to implement goals, objectives and policies of the city's comprehensive land use plan or studies.

Overlay areas do not change the effective land use plan or map of the official zoning district or map. However, land development regulations may be modified or special conditions of approval may be included within the area to further the special intent of the overlay area. Examples of a zoning overlay may include but are not limited to:

(1)

An environmental corridor or section.

(2)

An urban redevelopment area.

(3)

An important roadway landscape corridor.

(4)

A rural preservation sector.

(5)

A special utility area such as well fields, major electric transmission pathways, resource recovery and landfill areas.

(6)

Lauderdale North Park-5 (LNP-5)/Residential Aesthetic Overlay District.

(Ord. No. 97-5-924, § 2, 5-27-97)

The zoning overlay area shall be designated on the zoning map in the following manner. The designation may be assigned by the city council by resolution or ordinance as determined by the specific regulations germane to the implementation of the overlay area. A zoning overlay area may be rescinded by the city council by a similar method used in enactment if the special intent of the area is no longer valid. The area shall be shown on the zoning map as noted below: eg.

(Ord. No. 97-5-924, § 2, 5-27-97)

In all instances described in this division, the overlay activity contemplated, shall be consistent with and comply with all other terms, conditions, and provisions, of city's land development regulations for the underlying zoning classification prior to implementation of this overlay ordinance.

(Ord. No. 97-5-924, § 2, 5-27-97)

There is hereby created the "Lauderdale North Park-5 Overlay Zone" a zoning classification, which shall identify the method by which this zone shall be organized and implemented.

(Ord. No. 97-1-916, § 2, 1-28-97)

The purpose of this division is to describe the specific standards and incentives that shall apply exclusively to the LNP-5 Overlay Zone. This division defines the boundaries of the zone and the goals, objectives and improvement regulations therein. Any item not specified in this division shall be otherwise governed and controlled by the City of North Lauderdale Code of Ordinances. In the event of conflict between the terms of this division and other provisions of the Code, the terms of this division shall prevail. The CIC, acting as an appellate board, shall resolve any conflicts according to the existing procedures set forth in Section 4 of Ordinance No. 93-6-851, as amended from time to time and incorporated herein by reference.

(Ord. No. 97-1-916, § 3, 1-28-97)

Lauderdale North Park-5, designated herein as a "Special Overlay Zone" is described as follows: the area commencing at the southwest corner of said section 2; thence N-0°14′27″-W, along the west line of said section 2, a distance of 3353.08 feet to the point of Beginning of this description; thence continue N-0°14′27″-W, a distance of 1152.41 feet; thence S-88°41′52″-E a distance of 853.57 feet; thence S-0°04′51″-W, a distance of 801.31 feet; thence S-88°30′33″-E, a distance of 24.14 feet; thence S-1°15′55″-W, a distance of 350.23 feet; thence N-88°44′05″-W, a distance of 863.99 feet to the point of Beginning. Less the west 10 feet thereof, said lands lying and being in the City of North Lauderdale, Florida. This division shall apply only to the area herein described and defined.

(Ord. No. 97-1-916, § 4, 1-28-97)

The following goals and objectives are hereby established as the purpose and legislative intent for creating this overlay improvement zone:

(1)

To permit improvements and changes which are in conformance with this division and other applicable City Codes;

(2)

To maintain municipal involvement with the continued improvement of the neighborhood;

(3)

To promote adequate maintenance of buildings and property so as to enhance the appearance of the neighborhood;

(4)

To promote the public health, safety and general welfare of the neighborhood and for the benefit of all the residents of the LNP-5 Overlay Zone and all the citizens and residents of the City of North Lauderdale, Florida.

(Ord. No. 97-1-916, § 5, 1-28-97)

[For the purposes of this division, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]

Bonuses or incentives. Various programs made available to property owners within a community improvement overlay district which assists owners in meeting requirements of the overlay district.

District. A defined area in which the description and requirements of this division meet specific criteria, and is designated pursuant to an official map.

Overlay. The zoning category used to describe the regulations and bonuses or incentives available or applicable to property owners/occupants within an overlay zone, that is, a special category on top of the underlying zoning category, which supplements and enhances the requirements of the existing district.

Existing district. The zoning district which is in effect in that geographical location over which an overlay district is imposed. Geographical boundaries of the overlay and existing districts are not necessarily contiguous.

(Ord. No. 97-1-916, § 6, 1-28-97)

(a)

Permitted land uses. The land contained within the boundaries of the overlay district shall be used for residential purposes only. However, certain home-based businesses are allowed which shall be incidental and secondary to the use of the residence for residential purposes, shall not change the character thereof, and shall be consistent with the home use license provisions set forth in section 86-38 of the City of North Lauderdale Code of Ordinances, as amended from time to time.

(b)

Maintenance of premises.

(1)

Outside paint. The exterior of a building defined as "exterior wall surfaces" shall be decorated with a uniform color and shall be agreed upon by unit owners within a building (a physical structure containing all units). In the event that a uniform color cannot be agreed upon by all parties, the exterior shall be painted white. A master color palette will be available for use at the city's community development department. Colors for buildings shall be expressed in three categories: base building colors, secondary building colors and trim colors. Base building colors relate to the main area of a wall on the building and include light-range intensity colors such as whites, light grays, soft pastels and light beiges. Secondary building colors used for larger trim areas include mid-range intensity colors and shall be limited to 25 percent of the building surface. Trim colors are used for accent purposes (fascia, door, door/window trims) and include mid-range intensity to bright colors and shall be limited to five percent of the building surface. Color choices are to be submitted to the community development department that shall review and approve them at no charge. The CIC, acting as the appellate board, shall resolve any issues, according to the procedures set forth in Section 4 of Ordinance No. 93-6-851, as amended from time to time. All units that do not meet the minimum housing standards for exterior paint as defined in the City's Code of Ordinance shall be required to comply with this section of the overlay zoning ordinance immediately. Units that have been painted for over a year as of the date of adoption of this division shall comply with it within 18 months and units that have been painted within a year shall comply with it within 24 months of the effective date of this division.

(2)

Fascia. Adjoining units shall have the same fascia (material, design and color). Fascia color shall blend in with the unit's color scheme. The units within each building shall have the same roofing material. All buildings in the LNP-5 Overlay Zone shall comply with this section within 36 months effective date of this division.

(3)

Fences. No fence shall exceed a height of six feet in a side or rear yard. The height of any fence shall be measured from existing property elevations. Fences shall be well maintained either in the natural wood color or be painted in a base color range that blends in with the color of the main unit. Additionally, fences can be painted in one of the following colors: gray, white, redwood and brown. Fence types shall be limited to chain link fence, shadow box wood fence and stockade wood fence. Fences on the corner lots shall be of an opaque material (shadow box and stockade) so that side yards and back yards are not visible from the street. No fence shall be constructed until its height, type, design, color and location have been approved by the community development department and is in compliance with conditions set forth in this division and Section 106-184 of the City's Code of Ordinances. Any disputes shall be resolved by the CIC, whose decision shall be final. Fences shall be in compliance with this division within 24 months of the effective date of this division.

(4)

Docks. Docks along all canals shall be required to comply with section 106-191 of the City's Code of Ordinances and shall obtain approval from the North Lauderdale Water Control District, within six months from the effective date of this division.

(c)

Garages and storage areas. No garage or unenclosed storage area shall be permitted within the overlay zone at any time. Enclosed storage sheds up to 80 square feet are allowed in rear yards and are subject to all other conditions set forth in section 106-185 of the City's Code of Ordinances, as amended.

(d)

Antennas. No outside antennas, poles, masts or towers shall be permitted unless the same are in compliance with section 106-186 of the Code of Ordinances, as amended.

(e)

Tents or temporary buildings. No tents, temporary buildings, or structures shall be permitted within this overlay zone at any time.

(f)

Garbage containers. All garbage shall be stored in covered containers that shall be placed in the side or back yard in landscaped, fenced or walled-in areas so that the containers are not visible from any street. Garbage shall be placed in covered containers for curb-side pick-up. Bicycles, toys or clutter shall not be left overnight in the front yards or in any area visible from a street.

(g)

Clothes drying area. No outside clothes drying area that is visible from any street shall be allowed. No clothes or similar articles shall be hung on fences or balconies. Clothes or similar articles may be hung within a rear/side yard at a level below the height of a fence.

(h)

Trucks, commercial vehicles and motor vehicles. No commercial vehicles having a net empty weight of more than 6,000 pounds shall be parked within the overlay zone for a period of more than one hour unless the same are temporarily present and necessary in the actual construction or repair of buildings on the property. However, one commercial vehicle shall be permitted to park overnight subject to the conditions that it be driven by the resident of the property for the sole purpose of getting to and from work and have a net empty weight of less than 6,000 pounds. No motor vehicle repair work requiring more than six hours of labor per occurrence shall be permitted in the overlay zone. Such labor shall be consistent with section 106-97 of the North Lauderdale Code of Ordinances.

(i)

Parking spaces. For units needing additional parking, one parking space in side yards over a hard surface that is nine feet wide and 18 feet long shall be permitted if it can be practically accommodated. The minimum distance from the plot line to the slab shall be one foot. A six-foot high fence of an opaque material (shadow box or stockade wood) shall be installed to conceal this parked vehicle from the street and adjacent properties. The new parking surface shall match the existing parking surface. Each application shall be reviewed and approved by the community development department on a case-by-case basis to ensure that all applicable regulations are met.

(j)

Pets and animals. Only commonly accepted house pets shall be permitted on any lot within the overlay zone. All pets shall be contained upon the premises of the respective owners or maintained on a hand held leash; failure to do so shall subject the owner to a fine in accordance with the Code of Ordinances. The leaving or dropping of manure by any dog or other animal upon the property of another resident or of the city shall be deemed to cause damage. The owner or other person having control of such dog or animal shall be required to immediately remove and dispose of such manure or other droppings or, upon his failure to do so shall be subject to a fine in accordance with the Code of Ordinances. Any commercialized activity involving the raising and breeding of any animal for the purpose of earning a livelihood is prohibited. No tethering of animals outside of a building, other than in a fenced back yard, shall be permitted. The number of pets shall be restricted to no more than three per dwelling out of which two may be dogs.

(k)

Landscaping. Each plot within the boundaries of the LNP-5 Overlay Zone, shall contain at least three trees (one may be a small tree) and 12 shrubs and shall be in accordance with the Landscaping section (Chapter 102) of the City's Code of Ordinance pertaining to the RM-10 zoning district. No ficus, Acacia or Black Olive trees shall be permitted. Swale areas and front yards shall be kept free of all debris and shall be landscaped and maintained in accordance with Chapter 102, Article II of the City's Code of Ordinance.

(Ord. No. 97-1-916, § 7, 1-28-97)

The city shall endeavor to assist property owners within the overlay zone to the extent and within the parameters set forth below:

(1)

Facilitate the administrative processes relating to permitting of improvements specified in this division by providing for up to a 50 percent reduction in permitting fees;

(2)

The community development department shall review and approve all modifications and improvements proposed by unit owners;

(3)

The CIC shall act as an appellate board for those property owners who wish to appeal the decisions of the community development department pertaining to overlay regulations contained in this division;

(4)

Assist the unit owners in the neighborhood by offering information and materials regarding the acquisition of governmentally or privately available rehabilitation loans/grants;

(5)

Develop informative brochures to educate neighborhood residents regarding this division and its prospective impact;

(6)

Provide limited technical assistance on building matters;

(7)

Provide limited architectural design assistance;

(8)

Whenever possible, provide free paint to neighborhood residents;

(9)

Designate clean-up days with the possible assistance of various city departments;

(10)

Establishment of community assistance programs such as "adopt a street" and "adopt a block."

(Ord. No. 97-1-916, § 8, 1-28-97)

The code compliance and building divisions are charged with the responsibility of enforcing the overlay zoning standards as established pursuant to this division as well as other pertinent city and Florida Building Codes.

(Ord. No. 97-1-916, § 9, 1-28-97; Ord. No. 07-06-1191, § 4, 5-29-07)

The community improvement commission may propose to the city council minor changes in structures and improvements authorized by this division, provided that such modifications do not:

(1)

Increase the number of structures, the number of dwelling units, or densities as specified by the adopted master plan;

(2)

Change any perimeter boundary of the LNP-5 Overlay Zone;

(3)

Rearrange any lot, block, building tract, or common open space or common facility as shown on the adopted master plan;

(4)

Change any use as shown on the adopted master plan;

(5)

Change locations or amounts of land devoted to specific land uses on the adopted master plan. Those changes described in subsection (1) through (5) hereinabove shall be considered major changes to the master plan and shall require the implementation of the same procedures set forth and required to otherwise amend the Zoning Ordinance.

(Ord. No. 97-1-916, § 10, 1-28-97)

There is hereby created the "Seaview/Silverado Overlay Zone," a zoning classification which shall identify the method by which this zone shall be organized and implemented.

(Ord. No. 97-12-941, § 2, 12-9-97)

The purpose of this division is to describe the specific standards and incentives that shall apply exclusively to the Seaview/Silverado Overlay Zone. This division defines the boundaries of the zone and the goals, objectives and improvement regulations therein. Any item not specified in this division shall be otherwise governed and controlled by the City of North Lauderdale Code of Ordinances. In the event of conflict between the terms of this division and other provisions of the Code, the terms of this division shall prevail. The CIC, acting as the appellate board, shall resolve any conflicts according to the existing procedure set forth in Section 4 of the CIC ordinance No. 93-6-851, as amended from time to time, and incorporate herein by reference.

(Ord. No. 97-12-941, § 3, 12-9-97)

Seaview/Silverado, designated herein as a "Special Overlay Zone" is the area including lots 1—6 of block 1, lots 1—64 of block 2, lots 1—45 of block 3, lots 1—40 of block 4, and lots 1—36 of block 5 all in the subdivision of Tam O'Shanter Villas Section 2, said lands lying and being in the City of North Lauderdale, Broward County, Florida. This division shall apply only to the area so defined.

(Ord. No. 97-12-941, § 4, 12-9-97)

The following goals and objectives are hereby established as the purpose and legislative intent for creating this overlay improvement zone:

(1)

To permit improvements and changes which are in conformance with this division and other applicable City Codes;

(2)

To maintain municipal involvement with the continued improvement of the neighborhood;

(3)

To promote adequate maintenance of buildings and property so as to enhance the appearance of the neighborhood;

(4)

To promote the public health, safety and general welfare of the neighborhood and for the benefit of all the residents of the Seaview/Silverado Overlay Zone.

(Ord. No. 97-12-941, § 5, 12-9-97)

[For the purposes of this division, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]

Bonuses or incentives. Various programs made available to property owners within a community improvement overlay district which assists owners in meeting requirements of the overlay district.

District. A district in which the description and requirements meet specific criteria, and is designated by an official map location.

Overlay. The zoning category used to describe the regulations and bonuses or incentives available or applicable to property owners/occupants within an overlay zone, that is, a special category on top of the underlying zoning category, which supplements and enhances the requirements of the existing district.

Existing district. The zoning district which is in effect in that geographical location over which an overlay district is imposed. Geographical boundaries of the overlay and existing districts are not necessarily contiguous.

(Ord. No. 97-12-941, § 6, 12-9-97)

(a)

Maintenance of premises.

(1)

Outside paint. The exterior of a building defined as "exterior wall surfaces" shall be decorated with a uniform color and shall be agreed upon by unit owners within a building (a physical structure containing all units). A master color palette will be available for use at the community development department. Colors for buildings shall be expressed in three categories: base building colors, secondary building colors and trim colors. Base building colors relate to the main area of the wall on the building and include light-range intensity colors such as whites, light grays, soft pastels and light beiges. Secondary building colors that are used for larger trim areas include mid-range intensity colors and shall be limited to 25 percent of the building surface. Trim colors are used for accent purposes (fascia, door, door/window trims) and include mid-range intensity to bright colors and shall be limited to five percent of the building surface. Color choices are to be submitted to the staff of the community development department who shall review and approve the building color choices at no charge. The unit owners of each building, by majority vote, shall select colors for their building. All unit owners must be contacted in person, or by certified-return receipt mail, if not residing on the premises, and the owner's signature, properly acknowledged by a notary public must be obtained on the approval form provided by the city. Upon obtaining approval from a majority of the owners, or after 60 days from the date of the mailing, whichever is sooner, the majority vote of those responding shall be sufficient for color selection. Documentation of the personal contacts with the unit owners, mailings to the unit owners, and confirmation of the majority vote for the color approval must be submitted to the community development department along with a sample of the agreed upon colors. In the event that a uniform color cannot be agreed upon by a majority of owners, the exterior shall be painted white. The community improvement committee, acting as the appellate board, shall resolve any issues, according to the procedure set forth in section 83-9 of the City's Code of Ordinances. Units that do not meet the minimum housing standards for exterior paint as defined in the City's Code of Ordinances shall, upon the adoption of this section, be required to comply with this section of the overlay zoning ordinance immediately. All other units shall comply with this section within 36 months of the effective date of this section. Permit applications received after this 36-month period must provide documentation that the majority of the owners approving the previous color has not changed. In the event of a change in majority of owners, the color must again be approved by the majority through the process outlined in this section.

(2)

Fascia/facade. Adjoining units in one building shall have the same color fascia/facade. Facade and other decorative stonework on some of the units shall be well maintained in a natural state or shall be painted in a secondary color. Fascia shall be painted in a secondary or trim color. The unit owners of each building by majority vote shall select colors for their fascia/facade. All unit owners must be contacted in person, or by certified-return receipt mail, if not residing on the premises, and the owner's signature, properly acknowledged by a notary public must be obtained on the approval form provided by the city. Upon obtaining approval from a majority of the owners, or after 60 days from the date of the mailing, whichever is sooner after 60 days from the date of the mailing, whichever is sooner, the majority vote of those responding shall be sufficient for color selection. Documentation of the personal contacts with the unit owners, mailings to the unit owners, and confirmation of the majority vote must be submitted to the community development department along with a sample of the agreed upon colors. In the event that a uniform color cannot be agreed upon by the majority of owners, the community development department shall select an appropriate color. All units that do not meet the minimum housing standards for exterior appearance as defined in the City's Code of Ordinances shall, upon the adoption of this division, be required to comply with this section of the overlay zoning ordinance immediately. All other units shall comply with this section within 36 months of the effective date of this section. Permit applications received after this 36-month period must provide documentation that the majority of the owners approving the previous color has not changed. In the event of a change in majority of owners, the color must again be approved by the majority through the process outlined in this section.

(3)

Roofs. All units within each building shall have asphalt shingles in a color compatible with the base color of the building. The unit owners of each building, by majority vote, shall select colors for their roof shingles. All unit owners must be contacted in person, or by certified-return receipt mail, if not residing on the premises, and the owner's signature, properly acknowledged by a notary public must be obtained on the approval form provided by the city. Upon obtaining approval from a majority of the owners, or after 60 days from the date of the mailing, whichever is sooner, the majority vote of those responding shall be sufficient for color selection. Documentation of the personal contacts with the unit owners, mailings to the unit owners, and confirmation of the majority vote must be submitted to the community development department along with a sample of the agreed upon colors. In the event that a uniform color cannot be agreed upon by the majority of owners, the community development department shall select an appropriate color. Roofs that are in disrepair or do not meet the minimum housing standards for roofs as defined in the City's Code of Ordinance shall, upon the adoption of this division, be required to comply with this section of the overlay zoning ordinance immediately. The remainder of roofs shall comply with this section of the ordinance upon replacement or repair of an area greater than 50 percent of the total roof. Once the shingle color has been approved by the majority of owners, all subsequent owners must comply with the previous approval.

(4)

Fences. There shall be no fences constructed in the front yard of any unit. Fence types in a side or rear yard shall be limited to:

a.

Four feet high chain link fence.

b.

Board on board, or shadowbox dog-eared wood fence, at a height specified in the current deed restrictions but in any event, not to exceed six feet.

c.

White, polyvinyl chloride (PVC) at a height specified in the current deed restrictions but in any event, not to exceed six feet.

The height of any fence shall be measured from the crown of the adjacent roadway. Wood fences shall be well maintained in the natural state with clear polyurethane coating or Gliddens color # 90 YR 38/239. No fence or wall which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. Fences along the canal shall be constructed on the easement line leaving five feet of access easement for ingress and egress of unit owners in a block. Fences along the alleyways shall be constructed on the property line and the owner shall sign a utility easement release form. No fence shall be constructed until its height, type, design, color and location have been approved by the community development department and is in compliance with conditions set forth in this ordinance and section 106-184 of the City's Code of Ordinances.

The CIC, acting as the appellate board, shall resolve any issues, according to the procedure set forth in Section 83-9 of the City's Code of Ordinances. All fences that are in disrepair, upon the adoptions of this division, shall be required to comply with this section of the overlay zoning ordinance immediately. All other fences shall be in compliance with this division within 36 months of the effective date of this division.

(5)

Unit identification numbers. All units that are along alleyways shall have unit identification numbers that are at least three inches high affixed at the rear wall or the rear fence of the unit and shall be visible from the street. All units shall be required to comply with this section of the overlay zoning ordinance within two months of the effective date of this division.

(Ord. No. 97-12-941, § 7, 12-9-97; Ord. No. 2006-06-11-1178, § 2, 11-14-06)

The city shall endeavor to assist property owners within the overlay zone to the extent and within the parameters set forth below:

(1)

Facilitate and reasonably expedite the administrative processes relating to permitting of improvements specified in this division by providing for 50 percent reduction in permitting fees;

(2)

Pursuant to existing city code requirements, the community development department shall review and consider for approval all modifications and improvements proposed by unit owners;

(3)

The CIC shall act as an appellate board for those property owners who wish to appeal the decisions of the community development department on issues of overlay regulations contained in this division;

(4)

Assist the unit owners in the neighborhood by offering information and materials regarding the acquisition of governmentally or privately available rehabilitation loans/grants;

(5)

Develop informative brochures to educate neighborhood residents regarding this division and its prospective impact;

(6)

Provide limited technical assistance on building matters;

(7)

Provide limited architectural design assistance;

(8)

Whenever possible, provide free paint to neighborhood residents;

(9)

Designate clean-up days with the assistance of various city departments;

(10)

Establishment of community assistance programs such as "adopt a street" and "adopt a block."

(Ord. No. 97-12-941, § 8, 12-9-97)

The code compliance and building divisions are charged with the responsibility of enforcing the overlay zoning standards as established pursuant to this division as well as other applicable city and South Florida Codes and regulations.

(Ord. No. 97-12-941, § 9, 12-9-97)

The community improvement committee may propose to the city council minor changes in structures and improvements authorized by the ordinance, provided that such modifications do not:

(1)

Increase the number of structures, the number of dwelling units, or densities as specified by the adopted master plan;

(2)

Change any perimeter boundary of the Seaview/Silverado Overlay Zone;

(3)

Rearrange any lot, block, building tract, or common open space or common facility as shown on the adopted master plan;

(4)

Change any use as shown on the adopted comprehensive master plan;

(5)

Change location or amounts of land devoted to specified land uses on the adopted master plan.

Modifications or deviations described in subsections (1) through (5) hereinabove set forth shall be considered major changes to the master plan and shall require the same procedure as for amending the Zoning Ordinance.

(Ord. No. 97-12-941, § 10, 12-9-97)