No plot, yard, setback, clearance, parking area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this chapter; if such plot, yard, setback, clearance, parking area or other space is already less than the minimum required by this chapter for a new building or use, said area or dimension shall not be further reduced. No part of a required yard, setback, clearance, parking area or other space provided about or for any building, structure or use for the purpose of complying with the provisions of this chapter, shall be included as part of a yard, setback, clearance, parking area or other space required under this chapter for another building, structure or use unless specifically permitted by the terms of this chapter.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Where two (2) or more separate buildings for dwelling purposes are erected or placed on the same plot, minimum front, side and rear yards shall be provided as required by this chapter. The spacing, arrangement and distance between buildings on the lot shall provide a separation between any two (2) such buildings not less than the height of the higher of the two (2) buildings, but in no instance less than a minimum of twenty-five (25) feet.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Every part of every required yard shall be open and unobstructed from the ground to the sky except as provided in this section and as otherwise permitted in this chapter. The exceptions enumerated in this section are intended to apply generally, and shall be superseded by district regulations that are more restrictive.

1.

Sills or belt courses may not project over twelve (12) inches into a required yard; and cornices, eaves, gutters, chimneys, fireplaces, bay windows and pilasters may not project over two (2) feet into a required yard or fifteen (15) percent of required yard depth, whichever is greater.

2.

Movable awnings may be placed over doors and windows in any required yard, but no awning shall be vertically or otherwise ground supported. Awnings, hoods, canopies or marquees may not project over one-third (⅓) of the required yard, with a maximum of eight (8) feet.

3.

Gasoline pump stations and canopies for pump islands may project into a required yard but in no case shall be located within fifty (50) feet of a property line or within fifty (50) feet from the street line of a trafficway. No gasoline pump stations shall be located within two hundred (200) feet of residentially zoned property.

4.

Fire escapes, stairways and balconies which are unroofed and unenclosed may project up to five (5) feet into a required yard.

5.

Fences, walls and hedges as otherwise permitted in this chapter shall be permitted in required yards.

6.

Permanent emergency power generators, pool pumps and filters, irrigations pumps, and air conditioning units are permitted in the required rear and side yards, subject to the following restrictions:

a.

The property owner must obtain a building permit from the city for the installation of the permanent emergency power generator, air conditioning unit and aboveground or underground fuel tank. The building department and fire department shall review all such permit applications to ensure that such installation minimizes the visual and acoustic impact on adjacent property and the city engineer and the zoning department shall review all such permit applications to ensure that all engineering issues and setbacks are met consistent with the provisions of this section. Additionally, the sound of the operation of any emergency use generator and air conditioning unit shall meet the requirements of article IV of this chapter.

b.

The permanent emergency power generator and air conditioning unit shall be located no closer than three (3) feet from any property line for any lot that is part of a site plan approved by the city commission on or after January 1, 2018.

c.

For any lot that was part of a site plan approved by the city commission prior to January 1, 2018, the permanent emergency power generator and air conditioning unit may have no minimum setback from the property line.

d.

For any lot that was part of a site plan approved by the city commission prior to January 1, 2018, but for which a building permit has not been issued prior to that date, the following regulations shall apply:

1.

Head to head placement of equipment on contiguous lots shall be prohibited.

2.

There shall be a minimum front to back separation of ten (10) feet between units for limited situations that require placement within adjoining side yards. Approval is required by the city engineer to pair units and must show justification of need.

3.

Proper swales and necessary slopes shall be developed, as approved by the city engineer, to ensure adequate drainage.

4.

Air conditioning pads shall be located on or near the high points of the side yards to allow for adequate drainage.

5.

Side yard fences shall be located no closer than five (5) feet behind the rear-most air conditioning pad for situations that require placement within adjoining side yards.

e.

The permanent emergency power generator's maintenance cycle run shall only be permitted between the hours of 10:00 a.m. and 6:00 p.m., Monday through Sunday, and shall continue for no more than thirty (30) minutes per cycle.

f.

Permanent emergency power generators may only be operated for non-maintenance purposes when a state of emergency has been declared by the city or whenever there is a power outage.

g.

All aboveground tanks shall be attached to the primary structure in accordance with the National Fire Code (NFPA 58), as amended.

h.

Underground fuel tanks that have a capacity of twenty thousand (20,000) gallons or less shall be located in accordance with NFPA 58, as amended. A buildable lot line shall be defined as the setback to a primary and accessory residential unit, screen enclosure and/or shed, whichever setback is closest to the property line.

i.

Any tank filled on site must be located so that the filling connection and fixed liquid level gauge are at least ten (10) feet from any external sources of ignition (i.e., open flame, window air conditioner, compressor, etc.) or direct vent or mechanical ventilation.

j.

All aboveground equipment must be screened from view from adjacent streets. This screening may include fencing, hedging, or walls with shrubs.

k.

A carbon monoxide detector shall be located within the structure, as determined appropriate by the fire department and/or building department.

7.

Light poles are permitted within required yards, subject to a height limit of ten (10) feet within any lot occupied by a single-family attached or detached dwelling, duplex or townhouse. Light poles within required setbacks on lots occupied by multiple-family residential dwellings or nonresidential uses shall not exceed a height of one (1) foot for each one (1) foot of setback from any common property line with a lot that is occupied by, or zoned to permit a single-family, duplex or townhouse dwelling. The height limitation shall not apply when the yard abuts a lot that has been developed for a use other than a single-family, duplex or townhouse dwelling, or a lot that cannot be developed for such use, including but not limited to planned development common area parcels, streets and water bodies.

8.

Landscaping is permitted in all required yards. Hardscape elements that are integrated within, and comprise not more than twenty (20) percent of a contiguous landscaped area, including but not limited to benches, fountains, waterfalls, decorative wells, and boulders are permitted in required yards. In single-family residential zoning districts, hardscape elements in any required yard that abuts a street are subject to a minimum setback of fifteen (15) feet. All hardscape elements within a required yard in a single-family residential zoning district are limited to four (4) feet in height.

9.

Signs are permitted in required yards, subject to the setback requirements in article 100, signage.

10.

Driveways, surface parking spaces and loading areas unless otherwise specified.

11.

Walkways of up to three (3) feet in width accessory to a single-family residence, duplex, or townhome within a residential zoning district, and up to eight (8) feet in width in all other districts are permitted within a required yard, provided that it is separate from any property line by a landscaped, pervious area that is equal or greater than the width of the walkway (provided that the pervious area is at least two (2) feet in width in residential zoning districts and at least five (5) feet in width in all other districts). However, the required separation may be reduced to two (2) feet for single-family lots with approved five-foot, side-yard setbacks.

12.

Utility boxes and transformers.

13.

Mailboxes upon lots occupied by a single-family, duplex or townhouse dwelling.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2018-003, § 2, 3-21-2018; Ord. No. 2024-003, § 3, 3-6-2024)

A.

The following rooftop structures may exceed the permissible height limit in any district to a maximum of twenty-five (25) percent of the maximum allowable height:

1.

Penthouses, scenery lofts, stairs, equipment towers, cupolas, steeples and domes, the maximum gross area of the horizontal section of which does not exceed twenty-five (25) percent of the roof area; and

2.

Rooftop chimneys, stacks, tanks, and roof structures used only for ornamental and/or mechanical purposes. Parapet walls may not extend more than forty-eight (48) inches above the allowable height of a building.

B.

Antennas are subject to the height regulations in section 15-3510, special regulations for antennas and satellite dish antennas.

C.

Flagpoles are subject to the height regulations in section 100-590, flagpoles and flags in all districts.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

No residentially zoned land shall be used for driveway or vehicular access purposes to any nonresidentially zoned land or any land used for nonresidential purposes.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Accessory utilities necessary to the public health and convenience, such as gas, electric and telephone lines, equipment and mains and water and sewer lift stations and wells, may be located in any district.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Nothing shall be permitted or maintained in any district which shall in any way be offensive or obnoxious to a person of ordinary sensibilities by reason of the emission of odors, gases, dust, smoke, vibration or noise; nor shall anything be constructed or maintained in any district which would in any way constitute an eyesore or nuisance to adjacent property owners or residents or to the community.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Nuisance declared. It is hereby declared and determined by the city commission that the following shall each individually, or in any combination, be considered nuisances when they exist upon a lot in the city: (1) Accumulations of waste, yard trash, rubble, and debris to an extent which poses a threat to the public health and safety or which constitutes an eyesore; (2) Grass, weeds and underbrush greater than:

1.

Six (6) inches in height on developed lots;

2.

Twelve (12) inches in height on all properties; except a parcel determined to be a pasture shall be maintained such that grass, weeds and underbrush do not exceed twenty-four (24) inches. A pasture is land that is used for grazing livestock.

3.

Noxious vegetation, which includes plant species that are classified as undesirable, noxious, exotic, injurious, or poisonous, pursuant to federal, state or county law.

4.

Vegetation on developed or undeveloped property that creates a danger to public health, safety and welfare by creating a fire hazard; by providing a nesting, breeding or feeding area for sand flies, mosquitoes, rodents, snakes or other species of pests and vermin, or disease-bearing organisms; by impairing the vision of motorists or bicyclists or impeding pedestrians; or by adversely affecting the aesthetic appearance of the property upon which the vegetation is found and adjacent properties. Undeveloped property is land that may be improved and developed but is not currently in use. A natural area is exempt from this section however it shall be required to meet all requirements as identified in subsection (B)(3) below and is defined as an area in as near a natural condition as possible, which exemplifies typical or unique vegetation and associated biotic, soil, geological, and aquatic features.

B.

Nuisance to be abated. The city commission further determines that the following nuisances shall be abated as follows:

1.

If the nuisance consists of accumulations of waste, yard trash, or rubble and debris, it shall be abated in its entirety.

2.

If the nuisance consists of grass, weeds, and underbrush on lots one-half (½) acre or less in size, the nuisance shall be abated in its entirety.

3.

Where a nuisance consists of grass, weeds, and underbrush and is located upon a lot greater than one-half (½) acre in size, only so much of the nuisance shall be abated as lies within one hundred (100) feet of the public right-of-way and within ten (10) feet of the boundary of an adjacent property.

4.

If the nuisance consists of noxious vegetation on undeveloped lots adjacent to developed lots, it shall be cleared in its entirety if the lot is one-half (½) acre or less.

5.

If the lot is greater than one-half (½) acre in size, only so much of the nuisance shall be abated as lies within one hundred (100) feet of the boundary of an adjacent property that is developed and within sixty (60) feet of a public right-of-way.

6.

If the nuisance consists of dangerous vegetation, the nuisance shall be abated so as to afford a clear, unobstructed view and safe pedestrian access.

C.

Procedure for enforcement. The city shall enforce this requirement as set forth in chapter 2, article IV, division 4 of the City of Parkland Code of Ordinances, through a notice to appear in county court, or through action in circuit court to abate the nuisance at the city's option.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

In all business, commercial and industrial districts, the storage of equipment (other than motor vehicles), materials, and supplies shall be within an enclosed building. In all multifamily and nonresidential zoning districts, garbage and refuse shall be stored in containers and be stored only within a building or within an architectural enclosure sufficient in height and design to screen such containers from the public view. Vehicles which contain advertising copy or the name of a business enterprise (as calculated in the provisions of this Code related to signs) that is greater than five (5) percent of the size of the sum of the outside surface of the two (2) sides and rear of the vehicle, that vehicle shall be stored inside between the hours of 7:00 p.m. and 8:00 a.m.

B.

No land which is zoned for residential use shall be used for the storage of building materials or construction equipment except when incidental to the construction operation for which a valid, active building permit has been issued.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

No temporary building except a construction trailer used solely for construction purposes shall be permitted within the city, except that a substandard temporary building or trailer, not for occupancy, to be used for model, display, demonstration and office purposes only in conjunction with the construction of a residential or nonresidential project, may be constructed if approved by the city commission. Any such temporary building shall be torn down and removed upon the completion and closing out of the project or, in the alternative, may be brought into compliance with the building code and all other applicable regulations and requirements.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A vehicle which is meant for on-road use (i.e., an automobile, truck, van, etc.) which is not in running condition and not having a current state license plate shall not be parked, placed or stored on private or public property except in a fully enclosed building.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

All yards, walkways, driveways, parking areas and landscape areas shall be properly maintained and kept free of refuse and debris. The exteriors of all buildings, walls and fences shall be maintained in such a manner as to not be unsightly or present a hazardous condition. Any wall or fence shall be deemed unsightly, and in violation of this section, when any or all of the following conditions exist:

A.

Sagging, broken, rotted, or defective support posts or other structural members.

B.

Missing or broken fence boards.

C.

Chipped, damaged or missing concrete from a masonry wall, including cracks of one (1) millimeter or more in width.

D.

Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas.

E.

Chain link fence material which is damaged or broken.

F.

Height extensions of walls or fences in violation of this chapter.

G.

Discoloration, or faded paint.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Unless a governmental body has specifically assumed maintenance responsibilities, it shall be the responsibility of the owner of the property abutting a swale or water bank area to maintain said swale or water bank area. The swale or bank area shall be kept free of all debris and shall be landscaped and maintained in accordance with section 95-1545, installation, maintenance and materials.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The provisions of this chapter are not intended and shall not be construed to preclude the use of any property by the city in any city government capacity, function or purpose. The city shall not be subject to any zoning or land development requirements contained in this land development code for structures or buildings that serve a governmental purpose. See also section 5-1555, public purpose uses.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

No building or structure shall be moved from one (1) lot to another unless such building or structure shall be made to conform with the requirements of this chapter as such chapter applies to new construction.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The maximum length of buildings used for residential purposes shall be two hundred (200) feet. For the purposes of this section, length shall mean the farthest distance between any two (2) outside walls of a building.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

All projects shall promote a secure environment. This is accomplished by designing with Crime Prevention Through Environmental Design (CPTED) principles. CPTED principles are design approaches to reduce crime and fear of crime by creating a safe climate within a building environment. Applications for plat approval and site plan approval shall undergo CPTED review for all uses except for one (1) single-family dwelling unit. The CPTED review shall be completed by a person from the law enforcement department. The following CPTED principles shall be used to review CPTED requirements:

A.

Provisions of natural surveillance.

1.

The placement and design of physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, guard gates, landscape trees and shrubs, fences or walls, signage and other physical obstructions.

2.

The placement of persons and/or activities to maximize surveillance possibilities.

B.

Provision for natural access control.

1.

The use of sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits.

2.

The use of fences, walls or landscaping to prevent and/or discourage public access to or from dark and/or unmonitored acres.

C.

Provision of territorial reinforcement.

1.

The use of pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership of property.

D.

Maintenance.

1.

The use of low-maintenance landscaping and lighting treatment to facilitate the CPTED principles of natural surveillance, natural access control and territorial reinforcement.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

For the purposes of this section, an "access gate" shall be any gate or other structure which restricts vehicular access to a residential community. Solely for the purposes of this section, a "residential community" shall be considered any grouping of residential lots or dwelling units in excess of five (5) lots or dwelling units, or any combination thereof.

B.

Where a residential community is located within another residential community, and the larger residential community has an access gate, then no other residential community located therein shall be permitted to erect or maintain an access gate. The purpose of this restriction is clearly to limit the number of access gates in residential communities.

C.

The restrictions set forth herein shall not prohibit the location of multiple access gates into the same residential community where said gates are located on a trafficway, or prohibit the location of access gates to recreational amenities within a residential community.

D.

An access gate may have several structures for restriction of ingress and egress and visitors and residents provided they are located at the same access point.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Notwithstanding the density or intensity and the uses permitted by any zoning district regulations, the planning and zoning board and the city commission shall, in reviewing all plats, plat notes, site plans, and other applications for development permits, consider all relevant factors, including, but not limited to, consistency and compatibility with the future land use element of the comprehensive plan, together with all other comprehensive plan elements, such as traffic circulation, parks and recreation, conservation, potable water, waste water, and drainage. The city shall also consider adjacent zoning, approved plats and existing land uses, including occupied residential areas. In addition, where there are approved plats, existing land uses, including occupied residential areas, in close proximity to the area where the development permit which is under consideration, then the city shall consider whether the proposed development permit, including the uses to be made thereof, is compatible with those areas. For the purpose of this consideration, and in all instances where compatibility is used herein, compatibility means land uses (which shall include the structure to be constructed and the use to be made of the property) that are congruous, similar and in harmony with one another because they do not create or foster undesirable health, safety or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous, or discordant activities or structures, including the impacts of density, intensity of use, hours of operation, aesthetics, noise, vibration, smoke, offensive odors, mass, shadow effect, the location of structures in close proximity to residential dwellings and other land use conditions or conditions which are likely to have a detrimental impact on the existing uses on lands adjacent to the site in question. This section shall read as supplemental to and complimentary with the requirements and criteria for rezoning of property, approval of a special exception use, approval of a site plan, and all other provisions of this chapter that require a determination of compatibility.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

The city engineer shall determine the amount of pervious credit, if any, to be given for ground covered by decks, paver blocks, pervious pavement, and similar materials that are partially permeable, based upon the degree to which the material and construction method allow for the infiltration of water.

B.

The common open space requirement may be partially satisfied off-site within three hundred (300) feet of the development that the open space is intended to serve, and must be reasonably accessible to all residents of the development. If off-site open space is provided, the owner of said open space shall provide a unity of title agreement to the city between the common open space parcel and the residential development site. Said unity of title shall be recorded at the expense of the owner, shall run with the land, and shall bind the heirs, successors, and assigns of the owner. Said unity of title shall be worded so that it may be voided by the city if other provisions are made for common open space pursuant to the requirements of the Municipal Code. When common open space is located off site, it shall only receive a maximum credit of ten (10) percent towards the total pervious open space requirement.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Every lot and every lot of record shall front on and have access to a street.

For the purpose of assuring sufficient space between the street fronts of buildings and structures to provide adequately for natural light, circulation of air, protection from fire, floods, tornadoes and hurricanes, access for firefighting apparatus or rescue and salvage operations, to facilitate provisions for traffic, transportation and circulation, and to promote increased safety, health and general welfare, street lines, as defined in section 5-3530, terms defined, are hereby established from which all setbacks from streets required by this chapter are to be measured and determined, and beyond which no buildings, structures or parts thereof, excepting such encroachments into a required yard as allowed by the city, shall be erected, structurally altered, enlarged or extended. Said street lines shall be established as specified herein for each of the classifications in this section.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)