Plantation City Zoning Code

(a)

Purpose: In order to effectively protect and promote the general welfare and to accomplish the purposes of the City's Comprehensive Plan, Future Land Use Element, the City is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability and use that are deemed most suitable so as to provide for the best general civic use and promote improved wholesome, harmonious and economic results in civic service, activities and operations. There are hereby imposed upon the land and structures located and uses to be conducted within such districts, such further regulations as are necessary or appropriate to limit the location, use and occupancy of buildings, structures and land to be used for commerce, community, educational, industry, recreational, religious, residential, or other purposes. References to the Land Use Plan and Land Use Plan Map shall refer to those portions of the City of Plantation's adopted Comprehensive Plan, as may be amended from time to time.

(b)

Division of City into Districts: For the purpose of regulating the use of land, water, building, height, bulk, population density, intensity of use and open space, the City of Plantation is hereby divided into the following districts, as indicated in Table 71-1:

^{*Parcels annexed by the City but approved under the County zoning designation.}

The zoning districts contained herein generally correspond by name and purpose to the categories of the City of Plantation's adopted Land Use Plan; however, some districts may be applied to more than one land use plan category.

(c)

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.

(d)

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.

(e)

Boundaries of Districts: Unless otherwise shown, the zoning district boundaries are the centerline of streets or alleys or the extensions thereof. Where districts are approximately bounded by subdividing lines of recorded plats, such lines or the extensions thereof shall be considered to be the district boundaries.

(f)

Zoning for Annexed Areas: All areas hereafter annexed into the City shall be designated the City's zoning district(s) which most closely resemble(s) the more restrictive of the land designation of the effective Land Use Plan category 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 Land Use Plan. The City Council at the time of annexation shall assign the zoning district applicable to the annexed area consistent with the requirements of this Code.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 3(Exh. B), 11-5-2025)

(a)

Residential Districts: These residential districts are intended to provide for residential development in conformance with the parcel's Land Use Plan designation. A residential parcel's zoning designation shall be less intense or equal to the designation of the Land Use Plan. The number of dwelling units permitted per gross acre of a parcel shall not exceed the total number of dwelling units permitted by the City's Land Use Plan designation for the parcel. The uses within the zoning district shall be consistent with, but may be more restrictive than, the corresponding Residential Land Use Plan category permitted uses. All ADUs in residential districts shall be subject to the requirements and limitations of Section 27-310(g).

(b)

Rural Estate District (RS-1EP) - the following regulations shall apply:

(1)

Purpose of District: This district is intended to permit the incidental harboring of domestic animals for use by the occupants of the dwelling to provide for agriculture, farming and ranching activities on such larger-sized lots.

(2)

Permitted Uses: Permitted and conditional uses may be found in Table 72-1.

¹ - may not be sold off for separate ownership from the primary home

(3)

Dimensional Standards: The dimensional standards are outlined in Table 72-2.

^* Any building or structure that exceeds twenty-seven (27) feet in height shall be subject to an increased side and rear yard setback requirement. The side and rear yard setbacks shall be increased by one and one-half (1.5 feet for each foot or portion thereof of the building or structure that exceeds twenty-seven (27) feet in height with the height of the building or structure being measured from the property's average grade to the highest point of the building or structure). Buildings and structures for which building permits were obtained prior to June 22, 2011, will not become non-conforming structures.

(4)

Additional Regulations See Section 27-93(b).

(c)

Single-family Residential Districts (RS-1A, RS-2B, RS-2K, RS-3C, RS-3D, RS-3F, RS-3G, RS-3K, RS-4G, RS-4J, RS-4K, RS-5G, RS-5H, RS-5I, RS-5J, RS-5K, RS-3K "S" and RS-5K "S" districts). The following regulations shall apply to all RS districts other than RS-1EP:

(1)

Purpose of Districts: These 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.

(2)

Permitted Uses: Permitted and conditional uses may be found in Table 72-3.

¹ - may not be sold off for separate ownership from the primary home

(3)

Dimensional Standards: The dimensional standards within these districts are outlined in Table 72-4.

^* These districts contain lots which were platted under County specifications. These lots are permitted a rear setback of five (5) feet from screen enclosures of pools. Screen enclosures without pools will be governed by the normal structural setback lines.

Note 1: Setbacks specifically indicated on an approved plat, site plan or master plan, if applicable, shall supersede the above setback restrictions.

Note 2: Rear setbacks for ADUs shall be at least 10 feet from the rear property line. Side setbacks for detached ADUs, except for those located in the RS-1A, RS-2B, RS-3C, RS-3D, RS-3F, and RS-4G districts ^* , may be a minimum of at least 7.5 feet from each property line, provided that the ADU is constructed in accordance with the front setback of the primary home, and is not in conflict with any easements, deed restrictions, restrictive covenants or development order that governs the lot. Side setbacks for attached ADUs, shall still be subject to the same side structural setback requirements as the primary home in each district.

^* Detached ADUs within PRD districts with a minimum lot size 10,000 square feet or less, and a minimum side setback of 10', may have a reduced side setback of 7.5 feet, unless this is specifically prohibited by the Ordinance that approved the subdivision and is not in conflict with any easements, deed restrictions, restrictive covenants or development order that governs the lot.

(d)

Multi-family (Duplex) District (RD-6L) - the following regulations shall apply:

(1)

Purpose of District: This district is established for two-family living environments.

(2)

Permitted Uses: Permitted uses may be found in Table 72-5.

¹ - 1 per duplex lot and may not be owned separately from the primary unit

(3)

Dimensional Standards: The dimensional standards within this district are outlined in Table 72-6.

(e)

Multi-Family District (RM-10N) - the following regulations shall apply:

(1)

Purpose of District: The RM-10N district shall be designated a multifamily district and shall be developed as a planned community development.

(2)

Permitted Uses: Permitted uses may be found in Table 72-7.

^* Live Work is permitted subject to Sec. 27-301 and State Law

(3)

Dimensional Standards: The dimensional standards are outlined in Table 72-8 and Section 27-93 (PCD).

(f)

Multi-Family District (RM-10Y) the following regulations shall apply:

(1)

Purpose of District: The RM-10Y district shall be designated a multifamily district and shall be developed as a planned community development.

(2)

Permitted Uses: Permitted uses may be found in Table 72-9.

(3)

Dimensional Standards: The dimensional standards are outlined in Table 72-10 and in Section 27-93 (PCD).

(g)

Multi-Family District (RM-25U) - the following regulations shall apply:

(1)

Purpose of District: The RM-25U zoning district is established for medium high-density, multi-family residential units and shall be developed as a planned community development.

(2)

Permitted Uses: Permitted uses may be found in Table 72-11.

(4)

Dimensional Standards: The dimensional standards are outlined in Table 72-12 and in Section 27-93 (PCD).

(h)

Other Multi-Family Districts - established districts RM-6Y, RM-10Q, RM-17.3U, RM-21U, and RM-24U, were each approved for one specific parcel by ordinances.

(i)

Mobile Home Park District (RP-7W) the following regulations shall apply:

(1)

Purpose of District: The RP-7W zoning district is intended to apply to areas to be used for the parking and placement of mobile home trailers containing living quarters intended for permanent occupancy on either individually-owned plots or for occupancy on plots under a lease or rental for a minimum period of one (1) year.

(2)

Permitted Uses: Permitted uses may be found in Table 72-13.

¹  shall be located on a plot having at least ten thousand (10,000) square feet of area and having at least one hundred (100) feet of street frontage

²  any building or roofed structure shall be located at least twenty-five (25) feet from any other residentially zoned property

³  shall not be operated for profit and shall serve the surrounding neighborhood

⁴  in the form of a house trailer together with attached appurtenant and accessory structures

(3)

Dimensional Standards: The dimensional standards within the "RP-7W" Mobile Home Park District are outlined in Table 72-14.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2024-002, § 2(Exh. B), 3-6-2024; Ord. No. 2025-010, § 4(Exh. C), 11-5-2025)

(a)

Purpose: 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 needs. The uses within these districts shall be consistent with, but may be more restrictive than, the Commercial or Commerce Land Use Plan category permitted uses. These zoning districts may be applied to land designated Commercial or Commerce on the Land Use Plan Map or to land which qualifies for small-scale commercial use, pursuant to the Land Use Plan's commercial flexibility rules. All business activities located within each of the commercial zoning districts below shall be conducted within a fully-enclosed building, except for those granted to conduct outdoor activities by a special event permit by the City.

(b)

B-1P Neighborhood Business District: This district is intended to provide for the concentration of commercial establishments in strategically located centers which will meet the shopping and services needs of the surrounding residential areas and shall be developed as a planned community development. Such an arrangement will permit the joint use of parking and service areas and will provide adequate protection to the adjacent residential areas. The retail stores permitted include primarily convenience goods, fashions, durable goods and the household items that are a daily necessity.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-1. and Section 27-92 (PCD).

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance*, which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-1P by the terms of this Chapter, the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.

(c)

B-2L Limited Community Business District: This district is intended to provide for a viable and suitable commercial zoning district within a low-density residential area while protecting the integrity of the surrounding neighborhoods, the natural environment, and the lifestyle of the area.

The District is also intended to provide for the concentration of commercial establishments to meet the convenience needs of nearby residential areas and shall be developed as a planned community development. The district shall also provide for limited commercial, retail, office, and financial uses.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-2 and Section 27-92 (PCD).

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance, which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-2L by the terms of this Chapter, the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.

(4)

Compatibility and Visual Harmony: All buildings and structures located in the B-2L district shall be so designed, sited and landscaped as to be harmonious in architectural scale and character with each other and with adjoining residential areas including the use of similar roof treatment, building materials, colors and textures. There shall not be any visible rooftop equipment. Any windows overlooking adjacent residential property must have the view obscured by landscaping.

(d)

B-2P Central Business District: The B-2P Central Business District is intended to apply to the principal concentration of retail, office, business and financial institutions in the City and shall be developed as a planned community development. The businesses and services of the central business district include many of those supplied in other types of business districts, but in a size, variety and number not generally found elsewhere. It is intended primarily for pedestrian shoppers, and those uses that are not consistent with this principal should be so located as not to interrupt the continuity of retail frontages.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-3 and Section 27-92 (PCD).

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-2P by the terms of this Chapter the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.

(e)

B-3P General Business District: The B-3P general business district is intended to apply to certain arterial streets where business establishments, primarily not of a neighborhood or community service type, shall be developed as a planned community development located to serve large sections of the City and adjacent areas. Such businesses generally require considerable ground area, do not cater directly to pedestrians and need a conspicuous and accessible location convenient for motorists.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-4 and Section 27-92 (PCD).

* Screen planting is required along such property lines.

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance*, which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-3P by the terms of this chapter the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.

(f)

B-4P Restricted Business District: The B-4P Restricted Business District shall be developed as a planned community development and is intended primarily for these areas of the City that are appropriate for a limited type of business uses but which, for various reasons, are not suitable for a full range of business activities. The business and service uses permitted are primarily those nonretail establishments which are necessary for the public convenience but which are not generally compatible with concentrated retail shopping.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-5 and Section 27-92 (PCD).

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance ^{*,which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-4P by the terms of this Chapter the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.}

(g)

B-5P Commercial District: The B-5P Commercial District is intended primarily for those heavier type commercial uses and services which are generally not compatible with retail activities, but which are desirable for public convenience and sound community development, and for wholesale, warehouse and repair establishments as well as certain manufacturing uses involving only limited processing or assembly.

(1)

Permitted and Conditional Uses:

a.

Section 27-100 establishes the uses permitted by-right or by conditional use.

b.

The storage, distribution and wholesaling of any goods or products that may be sold at retail in any business district shall be permitted in a B-5P district regardless of whether or not such storage, distribution or wholesaling is specifically listed as a permitted use

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-6.

(3)

Exceptions from Minimum Area and Setback Requirements: Where a neighborhood business district existed on the effective date of this ordinance*, which does not contain the minimum area or provide the minimum building setbacks required herein, but which is zoned B-5P by the terms of this Chapter, the existing building and uses therein shall not be deemed in violation of this ordinance, nor shall they be classified as nonconforming because of any such deficiency.

(h)

B-6P Institutional Educational District: The B-6P district is intended primarily for office, institutional and certain restricted commercial activities, having only limited contact with the general public, not involving the sale of merchandise at retail, except incidentally and which may be carried on without any offensive noise, smoke, odors, fumes or other objectionable conditions in structures surrounded by ample open space for yards and for the off-street parking and loading of vehicles.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 85-7.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 5(Exh. D), 11-5-2025)

(a)

M-PM Plantation Midtown District

(1)

Purpose: The M-PM district provides development standards for Plantation Midtown to promote an orderly transformation of the District from a predominantly suburban development pattern to a denser and more active mixed-use activity center characteristic of traditional town center environments. To that end, this section is based on the following general principles:

a.

Land uses should be more tightly integrated within an urbanized, mixed-use development pattern.

b.

Classification of various development types within the district is based on classifying the fronting streets rather than the blocks themselves.

c.

Development should emphasize pedestrian-friendly streetscapes with smaller, subdivided blocks and an expanded, more interconnected street network.

d.

Building forms and massing should address the fronting streets directly with minimal setbacks and active occupied frontages that support enhanced pedestrian activity.

e.

The design of the streets, parking areas, and the public realm should reinforce principles of safe neighborhood design and promote the objectives of Crime Prevention Through Environmental Design (CPTED).

f.

Parking should be de-emphasized and minimized to the actual needs of the property by locating it at the interior of blocks and/or within parking structures and by several strategies designed to reduce the overall quantity of parking required. Minimum parking amounts are recommended as per Article VIII.

g.

The architecture should reinforce the pedestrian experience and respond to the human scale by such devices as facade modulation, differentiation of the base zone, and provision of such elements as display windows, balconies, arcades, awnings, etc.

h.

Landscaping should concentrate on enhancing the streetscape experience and shading the pedestrian, with larger consolidation of green space into usable parks and plaza areas.

i.

Signage and graphics should be more active and prominent in selective areas where a more vital commercial environment is desired.

j.

Incentives are included to promote the advancement of the principles listed above.

(2)

Midtown Boundaries: the area is generally bounded on the west by Pine Island Road, on the east by University Drive, on the north by Cleary Boulevard, and on the south by the north right-of-way line of the North New River Canal, and including the following additional properties:

a.

The plat of American Convalescent Center, according to the plat thereof, recorded in Broward County Plat Book 69, at page 15;

b.

The plat of Barry-Smith of Broward, according to the plat thereof, recorded in Broward County Plat Book 90, at page 23;

c.

The plat of FRAM/EJD Plantation, according to the plat thereof, recorded in Broward County Plat Book 138, at page 38;

d.

The plat of ISOM Subdivision, according to the plat thereof, recorded in Broward County Plat Book 74, at page 4;

e.

The plat of Jacaranda Parcel 675, according to the plat thereof, recorded in Broward County Plat Book 105, at page 19;

f.

The plat of Jacaranda Parcel 813, according to the plat thereof, recorded in Broward County Plat Book 100, at page 2;

g.

The plat of Jacaranda Parcel 950, according to the plat thereof, recorded in Broward County Plat Book 95, at page 27;

h.

The plat of Office Villas of Plantation, according to the plat thereof, recorded in Broward County Plat Book 99, at page 49;

i.

The plat of Plantation Community Plaza, according to the plat thereof, recorded in Broward County Plat Book 80, at page 26; and

j.

The plat of Plantation Executive Building, according to the plat thereof, recorded in Broward County Plat Book 100, at page 19.

A map of the Midtown District is depicted in figure 86-10.

(3)

Definitions. Terms requiring interpretation specific to this Code are defined below. These definitions are supplemental to those in the City of Plantation Land Development Regulations, Chapter 27, Article II, Section 27-11, and take precedence in the event of conflict.

Architectural feature means a structural or ornamental feature of a building or structure, including but not limited to chimneys, bay windows, cornices, coping, parapets, steps, staircases, screened utilities, and tower structures other than telecommunications towers.

Architectural Feature means a structural or ornamental feature of a building or structure, including but not limited to chimneys, bay windows, cornices, coping, parapets, steps, staircases, screened utilities, and tower structures other than telecommunications towers.

Build-to Line means that line to which the placement of the building frontage is mandatory.

Figure 86-1

Building frontage must be placed on the build-to line

Build-to Zone means a specified area within which the placement of the building frontage is mandatory. This shall be measured from the primary building face to the back edge of the sidewalk or the property line, whichever is closer.

Figure 86-2

The Build-to Zone is shown shaded

Building Footprint means the area of land covered by the building foundation to the outside of the exterior walls, including exterior space if it contains occupied space on an upper level.

Figure 86-3

The building footprint may include exterior covered space when it has occupiable space above.

Building Frontage means that portion of a building's facade that fronts on a street and encompasses the ground floor elevation as well as any other floors forming a pedestal.

Figure 86-4

Building frontage is shown shaded.

Bulb-out means a curbed area extending into the zone otherwise occupied by curbside parking. Bulb-outs are intended to break up the length of the curbside parking lane and to provide opportunities for safe pedestrian crossovers or landscape beds.

Figure 86-5

Bulb-outs are shown shaded.

Elevated Building means a building that is partially or wholly constructed over a parking area, as shown in Figure 86-6. A building that is elevated not more than four (4) feet shall not be considered an "elevated building" for purposes of this Code.

Figure 86-6

Facade means an exterior wall of a building.

Live/Work Unit means a residential unit that incorporates a separate space, accessible from street level, intended for use by a business. All parts of the unit must be under common ownership and occupancy. Live/work units are not considered a residential use for purposes of density calculations.

Lot Coverage means the total area covered by buildings expressed as a percentage of the total lot area. It does not include open roofed spaces such as porches, balconies, arcades, and porte-cocheres, unless those have occupied space above them.

Lot Frontage means the portion of the lot abutting a public right-of-way. Where more than one (1) side of a property abuts a public right-of-way, one (1) frontage shall be designated as the primary lot frontage; generally, this will be the frontage on the highest ranked street.

Figure 86-7

Lot Frontage and Building Frontage

Mixed-use Building means a building containing two (2) or more of any permitted uses, stacked vertically. An example of a mixed-use building is one that contains ground floor retail and upper floor offices or residential units or both.

Passageway means a pedestrian walkway that allows access between the front and rear of the building.

Pedestal means the lower volume of the building envelope that includes the ground floor and defines the street frontage(s.)

Figure 86-8

Pedestal and Tower

Public Courtyard means a landscaped space or plaza on private property that has at least one side open to a public street, and is intended for public use. Building facades that face onto a public courtyard are subject to the same requirements as if facing a street.

Residential Floor Area means the floor space of a building that is used primarily as a dwelling unit for human habitation.

Setback means the required minimum front, side, or rear yard distance between a building or structure and the property line or private street easement line.

Stoop means a set of steps and landing that lead to a building entrance.

Figure 86-9

Stoop

Story means an occupied floor or parking garage level within a building, measured vertically from its finished floor elevation to the finished floor or roof elevation immediately above.

Tower means the upper volume of the building envelope, above the pedestal.

Townhouse means any unit of a group of two (2) or more residential units built next to each other with a common party wall.

(4)

Administrative Provisions

a.

Administration: The provisions of this Code shall be administered and enforced by the Director in accordance with the application and approval procedures defined in this Chapter.

b.

Applicability: This Code applies to any new development in Plantation Midtown within property designated as M-PM district, as well as any redevelopment or remodeling that alters the existing building footprint or massing on an A or B street. Interior remodeling or exterior modifications of a largely cosmetic nature need not comply with the provisions of this Section.

c.

Design Approval:

1.

Before a building permit is issued for a new or expanded building, plans shall be submitted to the Planning and Zoning Board for review and recommendation.

2.

The Board will review the plans as to acceptable design of site development, buildings and aesthetic considerations intended by the requirements of this division and those described in this Section.

3.

The plans, together with the recommendation of the Board, shall then be submitted to the City Council for their review and approval.

After City Council approval, application may be made to the Building Department for the issuance of a building permit.

d.

Submittals: In addition to the normally required submittals for development approval, the developer shall include documentation for the incentives and bonuses requested along with any supporting data and calculations.

e.

Nonconforming Uses: Notwithstanding anything in the City Code of Ordinances to the contrary, development constructed in accordance with a site plan approved prior to the date of adoption of this Plantation Midtown Code that is destroyed by fire, act of God, or other involuntary act may be reconstructed in accordance with that approved plan.

(5)

Permitted Uses:

a.

Intent: Plantation Midtown envisions a tightly integrated mix of uses throughout the district, mainly commercial, but with a significant residential component. Uses are not allocated to specific blocks as in traditional zoning practice, but rather, are permitted throughout the district, subject to the development and performance standards established in this Code.

b.

Master List of Uses: The use regulations for the district designated M-PM are found in Section 27-100, entitled "Master Business List.", which designates all of the uses permitted by-right or by conditional use, as well as those that are prohibited.

c.

Additional Permitted Uses: Certain uses are not currently included in the Master List of Business Uses, Table 27-100, but are permitted in the district.

1.

Drive-through lanes not associated with a food-service establishment are permitted as a conditional use.

(6)

Streets:

a.

Intent: This Code classifies the streets in Plantation Midtown according to their suitability for human-scaled, pedestrian-friendly street life. The primary focus of this Code is to promote development that reinforces the character of various streets according to the role they play in the urban whole. The type of development that occurs on any given street is determined by the street classification; this also encourages the development of both sides of the street in a consistent manner.

A central goal of the Master Plan is to establish a better, more coherent internal street network within the District. Many of the streets proposed in the ultimate projection of the Master Plan are either not existent today or are re-aligned from their present location. Incentives are included in this Code to encourage the creation of more pedestrian-friendly streets and to break up larger redevelopment tracts into smaller blocks.

b.

Street Classification: All streets, excluding undesignated streets, are classified according as A, B, C, or D streets. The classification of all designated existing streets in Plantation Midtown is indicated in Figure 86-10.

Figure 86-10

c.

General Characteristics: This Code establishes development provisions intended to reinforce the qualities described below. For each street type, the right-of-way width and particular street section may vary depending on available space and other existing constraints.

1.

A Streets: A Streets are characterized by minimal setbacks, active commercial frontage at the ground floor, taller and more intensive buildings fronting the street, and a consistent streetwall. A Streets typically feature a number of traffic calming measures as well as a full complement of pedestrian amenities, including, but not limited to, wide sidewalks, on-street parking, street furniture, pedestrian-scale lighting, bulb-outs, chicanes, medians, roundabouts, traffic circles, and well-developed streetscape. A Streets are the principal "town center" streets and are intended to be well used by pedestrians, slow moving traffic, and as the primary transit routes.

Figure 86-11

2.

B Streets: B Streets are similar to A Streets, although less intensively developed, but still urban in terms of pedestrian traffic, characterized by a small setback and a relatively consistent streetwall. B Streets are more residential in nature, but might also have smaller-scale commercial uses.

Figure 86-12

3.

C Streets: C Streets are the large, regional arterials bounding the district, as well as Broward Boulevard and Peters Road. They are intended primarily for efficient vehicular movement. They are characterized by larger setbacks with significant landscape buffers, although they should also be able to accommodate access points with enhanced signage and gateway elements.

4.

D Streets: D Streets are more suburban in nature, characterized by larger setbacks and less building frontage. D Streets are located in quieter areas, but are also used as the "back streets" for the town center areas, where elements such as surface parking, loading docks, etc., are located.

d.

Design Standards: The following design standards apply to all streets within the District and shall be used for any repaving, realignment, or other modifications, as well as for any new street segments constructed as part of a development or redevelopment project. These standards are not meant to be exhaustive; rather, they are intended to establish minimum requirements to achieve an overall design consistency. Dimensions are measured to the face of curb or to the centerline of lane, as appropriate.

1.

Roadways:

(i)

Posted speed, for any street other than the existing C Streets, shall be a maximum of thirty (30) miles per hour.

(ii)

Maximum width of any vehicular moving or turning lane shall be eleven (11) feet.

(iii)

Width of any curbside parallel parking lane shall be eight (8) feet and 23 feet in length. Angled, head-in parking and ninety (90) degree parking shall not be used within a street right-of-way.

(iv)

Where bicycle lanes are desired, they should occur between the curb and the right-of-way line with a protective barrier between the bicycle lane and the automobile traffic lane, where feasible, in a manner that allocates sufficient space for pedestrians, landscaping, and bicycles with minimal conflicts.

(v)

Center medians, where provided, shall be a minimum of twelve (12) feet wide. Center medians are encouraged when feasible.

(vi)

Pavement radii shall be a minimum of fifteen (15) feet. Designs should endeavor to provide the minimum pavement radii possible.

2.

Sidewalks:

(i)

Sidewalks shall be provided at all lot frontages.

(ii)

Minimum sidewalk width shall be eight (8) feet. For A Streets, minimum sidewalk width shall be ten (10) feet where possible. When a sidewalk is intended as a multi-use path, the minimum width shall be twelve (12) feet.

(iii)

On A and B Street frontages with predominantly retail uses at the ground level, the sidewalk width should increase as needed to abut the building face directly.

3.

Curbside Parking:

(i)

Curbside parking should be provided wherever possible on A and B Streets.

(ii)

Curbside parking lanes shall be designated as a dedicated use zone by the use of bulb-outs and/or pavement markings or distinctions that clearly distinguish the parking from the moving lanes.

(iii)

Minimum length of any bulb-out, measured parallel to the right-of-way line, shall be twenty (20) feet when occurring at mid-block, or forty (40) feet at street intersections. The measured length of a bulb-out may include any angled curb segments, if provided.

(iv)

Parallel parking spaces shall be grouped together between bulb-outs. There shall be a minimum of two (2) and a maximum of six (6) spaces in any one (1) group. Angled parking shall be grouped a minimum of three (3) and a maximum of eight (8) spaces between bulb-outs, but shall not be permitted within or abutting a right-of-way.

(v)

Grouping of spaces should be based on achieving a deliberate rhythm along the block face, so that, for example, bulb-outs occur at mid-block, or at the third points, or some other discernable rationale. Where a rhythm has already been established on the opposite side of the street, the parking pattern, shall, to the greatest practical extent, mirror the established rhythm.

4.

Right-of-Way Landscaping:

(i)

The area between the curb and the sidewalk shall be landscaped in accordance with Article X and the following guidelines:

(1)

The type of landscaping shall be appropriate to the width available between the curb and the edge of sidewalk:

(a)

Less than six (6) feet: low ground cover, may be augmented by small-scale trees. In general, landscape strips of less than five (5) feet in width are discouraged.

(b)

Over six (6) feet: low ground cover, augmented by larger-scale trees.

(2)

Placement of any landscape materials shall maintain all required sight distances and comply with the appropriate visibility standards.

(ii)

In general, landscaping along A and B Streets, or along other principal pedestrian walks, shall leave a relatively unobstructed horizontal view from normal vantage points. Dense ground covers shall remain low, and tree canopies should be well above head height.

Figure 86-13

Right-of-way landscaping shall not obstruct horizontal views.

(iii)

Linear landscape elements along A and B Streets should exhibit regular spacing and consistent size. Trees should be selected for their ability to shade the sidewalk.

(iv)

The amount of landscape elements should relate to the development context. Along A Streets in a fairly urban commercial setting with minimal setbacks, a predominance of paving with regularly-spaced trees would be appropriate, while in more residential areas with larger setbacks, larger landscape beds with more planting would be called for.

(v)

The linear elements should be augmented by accent landscaping at special features such as street intersections, entry courts, bulb-outs between parking lanes, and other such areas where opportunities for larger landscaped areas present themselves. These areas may incorporate a number of enhancements, including beds for seasonal color, benches, fountains, or public art.

(vi)

Where curbside parking abuts a landscape strip, the following should be provided:

(1)

A continuous paving strip abutting the back of curb, minimum two (2) feet wide, for the convenience of persons exiting the passenger side of a parked vehicle; and

(2)

Regularly-spaced paved crossovers connecting the curb and the sidewalk, with spacing coordinated with the specific streetscape design, but generally not exceeding forty (40) feet.

(7)

Development Intensity

a.

Residential Density

1.

Allowable Density: The baseline maximum density for residential uses is fifty (50) dwelling units/acre for property with an M-PM zoning designation located east of Pine Island Road and west of University Drive, or as per the maximum density permitted by the Future Land Use Element of the Comprehensive Plan, whichever is more restrictive; however, bonus density may be added when units are deemed to be affordable per the County's definition of affordability income levels and utilizing relevant Broward County Land Use Plan (BCLUP) policies, as amended from time-to-time.

2.

Density Calculation: In general, density is calculated by dividing the total number of proposed units by the number of gross acres of site area, including half of the right-of-way width of any adjacent roadways directly abutting the subject property.

3.

Density Increases: the density may be increased above the baseline, of fifty (50) units/acre, provided that the density does not exceed the maximum gross density permitted by the City of Plantation Comprehensive Plan, unless the Applicant utilizes additional bonus density with the allocation of affordable housing units per the City's Comprehensive Plan and BCLUP.. This increase shall only be applicable to property with an M-PM zoning designation located east of Pine Island Road and west of University Drive. It shall be noted that Live/Work units that consist of flexible office, restaurant or retail space at ground level need not be counted as units for purposes of density calculations.

b.

Lot Dimensions

1.

Minimum Lot Area:

(i)

Residential uses (including live/work units): two thousand (2,000) square feet

(ii)

Nonresidential uses: Five thousand (5,000) square feet

2.

Minimum Lot Width (refers to the width of the lot at the front property line):

(i)

Residential uses (including live/work units): twenty (20) feet

(ii)

Nonresidential uses: fifty (50) feet

c.

Bulk and Massing

1.

Building Placement and Frontage:

(i)

Buildings shall have their primary orientation towards the highest classified Street (i.e., A is classified higher than B, and D being the lowest).

(ii)

Building massing shall be distributed to define the block faces. A minimum width of the building, defined as a percentage of the corresponding lot frontage, shall be placed within a specified build-to zone as follows:

•

A Streets: minimum seventy-five (75) percent (%) of lot width

•

B Streets: minimum fifty (50) percent (%) of lot width

•

C and D Streets: No minimum requirement

Figure 86-14

Minimum Required Building Frontage

(iii)

A minimum percentage of the lineal width of the ground floor frontage on A and B Streets shall be open or glazed. Reflective or strongly tinted glazing is not permitted. The minimum aggregate width of openings is as follows:

(iv)

A maximum of twenty-five (25) percent (%) of the required frontage may be set back to form an open courtyard or plaza space. Such spaces must be continuously open to the public, and building faces defining the court space shall be considered as frontage for purposes of the minimum opening requirements stipulated above. The concentration of glazing on the courtyard elevations does not reduce the minimum glazing requirements for the street elevations.

•

A Streets: minimum fifty (50) percent (%) of building frontage; for residential uses, including live/work units, the minimum width of glazing may be reduced to thirty (30) percent (%) of the building frontage

•

B Streets: minimum thirty (30) percent (%) of building frontage.

Figure 86-15

Aggregate width of opening = a + b + c

(iv)

A maximum of twenty-five (25) percent (%) of the required frontage may be set back to form an open courtyard or plaza space. Such spaces must be continuously open to the public, and building faces defining the court space shall be considered as frontage for purposes of the minimum opening requirements stipulated above. The concentration of glazing on the courtyard elevations does not reduce the minimum glazing requirements for the street elevations.

Figure 86-16

Frontage may be set back to form a courtyard or plaza space

2.

Setbacks and Build-to Zones

(i)

Front:

•

A Streets: Build-to zone of between five (5) and ten (10) feet

•

B Streets: Build-to zone of between ten (10) and twenty (20) feet

•

C Streets: Minimum setback of twenty (20) feet, except for the west side of "C Street" University Drive north of SW 10th Street and south of Broward Boulevard, which shall have a one hundred (100) foot setback

•

D Streets: Minimum setback of twenty (20) feet

•

Undesignated streets: Minimum setback of twenty (20) feet

(ii)

Side: shall be the same as the front, based on the classification of the enfronting side street. Side setbacks for adjacent lots on the same block may be zero (0) feet, subject to respecting any existing easements or life safety code requirements. If at least one (1) other enfronting street of equal or higher classification is designated as the primary frontage, the build-to requirement for the street designated as the side street is waived.

(iii)

Rear: shall be the same as the front, except that if at least one (1) other enfronting street of equal or higher classification is designated as the primary frontage, the build-to requirement for the street designated as the rear street is waived.

Figure 86-17

A street and B street frontage

Note: If the frontage requirement for the A Street is satisfied (hatched), then the B Street frontage requirement (dashed) is waived.

(iv)

Notwithstanding the above, the minimum building setback for buildings abutting single family homes or a single-family zoning district shall be one and one-half (1½) times maximum building height. For the purposes of this subsection, buildings separated by a canal or local street from single family homes or a single-family zoning district shall be equivalent to abutting the single-family homes or single-family zoning district.

d.

Lot Coverage

1.

The baseline maximum for lot coverage for development of building(s) on a parcel of land shall be 30%.

2.

The minimum floor area per dwelling unit shall be as follows:

e.

Height

1.

Overall building height in the district is limited to twelve (12) stories, but may not exceed one hundred fifty (150) feet.

2.

For purposes of the height calculation, any minor appurtenances set back at least twenty (20) feet from the edge of the main building mass, e.g., elevator penthouses or roof-mounted equipment, need not be counted.

3.

On A Streets, that portion of the building face within the required Build-to Zone (the street facade) shall not exceed five (5) stories or sixty-five (65) feet. Any portion of the building that exceeds this height shall be set back a minimum of twenty (20) feet from the street facade.

4.

On B Streets, that portion of the building face within the required Build-to Zone (the street facade) shall not exceed three (3) stories or forty-five (45) feet in height. Any portion of the building that exceeds this height must be set back a minimum of twenty (20) feet from the street facade.

5.

Where a building occupies a corner at the intersection of an A and a B Street, the five (5) story/sixty-five-foot limit may wrap the corner along the B Street for a maximum of fifty (50) feet.

Figure 86-18

Building on corner of A and B Streets

The tower must be set back twenty (20) feet from the building faces on both streets.

f.

Incentives: Incentives in the form of additional allowable lot coverage and floor area ratio shall be granted based on the criteria listed below.

1.

Frontage Bonus: Each development parcel shall calculate the percentage of the parcel perimeter that fronts on either A or B Streets. Total allowable lot coverage and FAR may be increased by that same percentage. In cases where more than one side of the lot fronts on an A or B Street, the build-to requirements for the lower ranked street may be waived, but the waived frontage would not be eligible for the frontage bonus.

Figure 86-19

Example: A tract has twelve hundred (1,200) feet of perimeter, of which six hundred (600) feet front on streets classified as A or B. This tract is entitled to a fifty (50) percent increase in allowable coverage and FAR (600'/1200').

If the developer elects to waive the B Street Build-to Zone requirement, only twenty-five (25) percent bonus (300'/1200') is granted.

2.

Grid Bonus: Large, contiguous tracts are encouraged to be subdivided into multiple blocks, subject to the following standards:

(i)

The new street shall connect to the existing street network at both ends. A bonus shall not be granted for culs-de-sac.

(ii)

The new street need not be deeded to the City, but it must remain accessible to the public at all times, and shall not have any access control devices.

(iii)

The minimum width of the new street right-of-way shall be sixty (60) feet.

(iv)

The minimum length of any new street segment, measured from the right-of-way lines of the intersecting streets, shall be two hundred fifty (250) feet.

(v)

The new street segments shall be reasonably straight, and shall intersect existing streets at a right angle.

(vi)

The new street segment may be classified according to the City's discretion.

(vii)

The re-alignment of an existing street segment that is considered a priority segment by the Master Plan shall be considered a new segment for purposes of calculating this bonus. The re-aligned segment must maintain or increase the current street classification.

(viii)

The grid bonus is calculated as follows: all new A and B Street frontage created may be added to the perimeter A and B frontage and the resulting sum divided by the original parcel perimeter to determine the allowable percentage increase in coverage and FAR.

Figure 86-20

Example: A square tract six hundred sixty (660) feet on a side is subdivided into four (4) smaller square blocks three hundred (300) feet on a side by introducing two (2) new streets that bisect the tract in both directions. The original perimeter is two thousand six hundred forty (2,640) feet. The subdivided blocks create an additional twenty-four hundred (2,400) feet of street frontage. If the new streets are classified as A or B, the allowable increase in coverage and FAR is 2400/2640, or ninety-one (91) percent. The frontage and grid bonuses are cumulative, that is, if twelve hundred (1,200) feet of the original perimeter fronts on streets classified A or B, the total percentage increase would be (1200+2400)/2640, or one hundred thirty-six (136) percent.

3.

Eligibility for Bonuses: The frontage and grid bonuses shall only be calculated for that portion of the frontage that is developed in compliance with the standards of this Code. In the grid bonus example cited above, the new blocks would be overly well endowed with A and B frontage. It would be difficult - but not impossible - to develop the entire frontage to the standards of this Code. For this reason, the setback requirements may be waived for A and B frontages designated as side or rear facades (subsection 27-86(a)(7)(c)(2) above). In such cases, these side or rear frontages are not eligible to be included in the bonus calculation.

4.

Open Space Bonus: The allowable floor area may be increased by dedicating public open space on a two-for-one basis, i.e., the amount of allowable area increase is equal to two (2) times the area of open space dedicated. The minimum amount of open space dedication per project to be eligible for this bonus is two thousand (2,000) square feet. Open space shall comply with the design standards listed in subsection 27-86(a)(10)(b)(2).

If a developer grants open space in exchange for additional density according to the provisions of subsection 27-86(a)(7)(a)(3)(ii), that open space may not be applied toward additional floor area.

The allowable building area may be increased by twice the area of the open space created.

Figure 86-21

Allowable building area

(8)

Parking

a.

Required On-Site Parking: All new development in the district shall provide on-site parking in accordance with the provisions of Article VIII. When calculating the required parking, fractional spaces shall be rounded up or down to the nearest whole number.

b.

Allowable Reductions: The required amount of on-site parking may be further reduced in accordance with any of the following provisions, which may be applied cumulatively.

1.

Curbside Parking: The developer may provide curbside parallel parking spaces for any A and B Street frontage abutting the site. This parking may count towards the required amount of on-site parking in a two (2) to one (1) ratio, e.g., ten (10) curbside parking spaces would reduce the on-site parking requirement by twenty (20) spaces. A minimum of four (4) curbside parking spaces must be provided to be eligible for this reduction.

2.

Mixed-Use Shared Parking: The developer may obtain an additional reduction of 25% from the minimum amount required in Article VIII. Alternatively, the developer may utilize the mixed-use parking benefit intended for uses that meet the following requirements:

(i)

Calculate parking required for each use separately.

(ii)

Refer to Table 86-2 for the permissible shared parking divisor for any two (2) uses. The minimum mixed-use parking requirement is determined by dividing the sum of the parking required for each use independently by the divisor indicated for that particular combination of uses.

Table 86-2
Mixed-Use Parking Divisors

Example: A mixed-use development combines residential and retail uses on one (1) site. Calculated separately, the residential requires one hundred twenty (120) spaces and the retail requires forty (40) spaces. The permissible minimum parking for both uses combined is one hundred thirty-three (133) spaces (120+40)/1.2).

(iii)

The property shall have at least two (2) disparate uses, from the following uses - residential, retail, restaurant, office, hotel, and day care - with the equivalent of at least one floor of a non-residential use;

(iv)

All uses are well integrated, in close proximity (i.e., no more than 1,320 feet (¼ of a mile)) from each other, and are not physically or geographically separated as to prevent shared parking and pedestrian access;

(v)

Dedicated pedestrian connectivity is provided between all uses;

(vi)

Parking for all uses is unrestricted (i.e., without temporary or permanent barriers) and equally available 24/7 without limitation; and

(vi)

All parking areas are subject to a recordable shared parking agreement approved in advance of the building permit (excluding the foundation permit) by the City and which is binding upon all owners and mortgagees of the property affected, and which cannot be amended or released without the City's consent.

c.

Design of Surface Parking Areas:

1.

Surface parking areas shall be set back a minimum of fifty (50) feet from any A or B Street frontage and shall, to the greatest extent practicable, be located behind the principal building face. In cases where the Build-to Zone requirements for a secondary frontage are waived (refer to subsection 27-86(a)(10)), the fifty-foot parking setback may be reduced to a fifteen-foot wide landscape buffer.

2.

Surface parking areas shall be separated from public rights-of-way by landscape buffers and shall have internal landscaping in accordance with the provisions of Section 27-86(a)(10) and Article X.

3.

Requirements for other elements such as paving materials, lighting, drainage, etc. shall be as required by this Code.

d.

Design of Parking Garages:

1.

Parking garages are encouraged to be located at the interiors of blocks and screened from view from the street rights-of-way by being placed behind or within the principal building form.

2.

A and B streets shall not have parking garage frontage on the ground floor. For any parking garage fronting on an A or B Street, the ground floor street frontage must be enclosed and occupied by some commercial use other than parking for a minimum depth of twenty (20) feet. A parking access drive may be located along such frontages, but is limited to a width not to exceed thirty (30) feet, including any associated attendant booths, ticket pedestals, etc., and may occur only once for any two hundred (200) feet of frontage.

Figure 86-22

Parking garage fronting

Parking garage fronting A / B Streets shall have occupied space at the ground floor for a minimum depth of twenty (20) feet.

3.

Elevated buildings, i.e., buildings where the occupied space is located above a ground floor parking area, shall have occupied ground floor space on A and B Street frontages as described in item (2) above.

4.

Upper floor elevations of parking garages fronting on A or B Streets shall be treated with a high-quality architectural design and finish intended to mitigate the appearance of an open parking garage. Sloping ramps, spandrel elements, and other structural features shall not be visible at such frontages.

(9)

Architectural Requirements:

a.

Intent: Buildings shall be of substantial design and construction using high quality materials and workmanship, be site responsive, recognize local character, and have architectural features and patterns that provide visual interest from the perspective of the pedestrian.

b.

Design Standards:

1.

Principal Building Frontage The primary building facade must address the enfronting street, particularly when fronting on an A or B Street.

(i)

A minimum percentage of the lineal frontage shall be open or glazed with clear or lightly tinted glass, as specified in subsection 27-86(a)(7)(c)(1)(ii).

(ii)

Storefronts and display windows are encouraged along A frontages. There should be at least one (1) entrance accessible to the public for every one hundred (100) feet of frontage.

(iii)

Building entrances shall be architecturally emphasized.

(iv)

Residential uses occurring at ground level shall have front porches or stoops when fronting on an A or B street. Units containing ground floor space shall have a principal entrance facing the Street.

(v)

The ground floor along street frontages shall be architecturally distinguished from the upper floors by such means as a change in material, scale of openings, change of plane, string courses, etc.

(vi)

A continuous building frontage in excess of two hundred fifty (250) feet long shall include a public pedestrian passageway between the street frontage and the rear of the building, a minimum of ten (10) feet wide and located no closer than one hundred (100) feet to either end of the building.

Figure 86-23

(vii)

Arcades may be used as a means of sheltering the pedestrian way.

(viii)

The height of the frontage elevation is limited as specified in subsection 27-86(a)(7)(e).

2.

Massing and Composition:

(i)

Buildings should be composed of simple rectilinear forms. Overly complex or fragmented volumes should be avoided. Elements such as side wings, porticos, etc., should be clearly expressed as subordinate to the main building volume.

(ii)

Roofs may be composed of a variety of pitched roof designs, or may be flat. Flat roofs shall be screened by parapets at all street elevations, particularly if rooftop mounted equipment is present. Variations in roof form and profile are encouraged for large roof areas.

(iii)

Large, blank, undifferentiated wall surfaces should be avoided. At least twenty-five (25) percent of the overall wall area should contain openings or some other means of architectural embellishment.

(iv)

Overly repetitive or monotonous facade design is discouraged. Horizontal length or uninterrupted curve of a facade should not exceed one hundred (100) feet without a change in plane, material, rhythm, or scale.

(v)

Unsightly service and support elements such as loading docks, mechanical equipment, waste containers, etc., shall be located at the sides or rear of buildings and shall be screened from public view by appropriate means.

(vi)

All architectural design of buildings shall incorporate a minimum of five (5) of the following elements and features:

1.

at least two (2) wall exterior surface materials or colors

2.

accent elements such as porticos, cupolas, domes, or belvederes

3.

arcades

4.

architecturally significant roof overhangs or cornices

5.

balconies

6.

bell or clock towers

7.

decorative planters or planting areas a minimum of five (5) feet in width, integrated into the building design

8.

display windows

9.

pilasters, string courses, character lines, or other such means of subdividing the facade

10.

pitched roof forms

11.

porches and stoops

12.

structural or ornamental details clearly distinct from the primary wall surface, for example, lintels, sills, door and window surrounds, decorative panels, etc.

13.

unit masonry in at least two (2) contrasting tones or textures, accomplished by a change in material or coursing

(vii)

In special situations, architectural requirements may be waived for artistic merit, subject to the review of the City Council. A request for such a waiver must be made in writing to the Director, stating the reasons for the request.

3.

Materials and Finishes:

(i)

Exterior walls may be finished in any of the following:

1.

architectural precast concrete panels

2.

cement siding, as an accent

3.

curtain wall systems, with at least two (2) panel materials

4.

modular unit masonry, either brick, concrete block, or cut stone

5.

stone panels

6.

stucco and EIFS (as an accent / not to be used at the ground floor of A or B frontages)

7.

wood siding should be limited to smaller residential buildings and should be used as a secondary material

(ii)

Roofs may be constructed of any of the following materials:

1.

clay or cement barrel, s-shaped, or mission tiles

2.

built-up or membrane flat roofing system

3.

galvanized metal and prefinished metal panels, in standing seam, batten seam, or Bermuda pattern

(iii)

Windows and doors may be constructed of the following materials and styles:

1.

Curtain wall systems shall contain at least two (2) different panel materials

2.

Glass block may be used for architectural accents only

3.

Mirrored and reflective glass is not permitted

4.

Residential sliding glass doors are not permitted on street facades

(iv)

Paving and Sidewalks: Sidewalks on A and B Street frontages shall consist of enhanced paving materials to be selected from the following list:

1.

brick or concrete pavers

2.

clay tile

3.

concrete with integral color tone

4.

cut stone with an appropriately abrasive finish

5.

plain concrete when arranged in panels framed by other materials such as brick

6.

stamped patterned concrete

7.

washed terrazzo

4.

Accessory Buildings:

(i)

Buildings that are subordinate to the principal use on the site shall not be placed on the primary (highest ranked) frontage.

(ii)

Accessory buildings shall be architecturally compatible with the principal building.

5.

Fencing: Fencing may be used to define yard areas subject to the following provisions:

(i)

shall be limited on A frontages to courtyards, parking entrances, and other special conditions. In general, fencing is not permitted between the building face and the sidewalk, although ground floor residential occupancies may be fenced.

(ii)

on B frontages, shall be permitted at ground floor residential occupancies, but may not be opaque.

(iii)

opaque fencing is permitted only to screen unsightly elements such as loading zones, mechanical equipment or dumpsters and shall occur only on side or rear exposures.

(iv)

shall not exceed six (6) feet in height. Street frontage fencing for all-residential uses shall not exceed forty-eight (48) inches in height.

(v)

the preferred fencing material is factory-painted metal picket fencing. Ornamental wrought iron panels and accents are also permissible. Fence panels may be separated by solid piers of brick, stone, or stucco spaced at regular intervals.

(vi)

Prohibited fence materials include galvanized and vinyl or PVC-coated chain link, wire mesh, barbed wire, plastic, and corrugated metal panels.

(10)

Landscaping

a.

Intent: Landscaping should be appropriate for an urban context, emphasizing the built environment rather than camouflaging it. Landscaping does play an important supporting role, however, in providing shade, visual and textural relief, and recreational opportunities. Landscape design should adhere to the following principles:

1.

Landscaping at A Street frontages is intended primarily to enhance the pedestrian experience and should consist of regularly spaced shade trees and low ground cover plantings. For retail frontages, minimal landscaping, if any, should occur between the sidewalk and the building face. In general, pedestrians should have a clear line-of-sight at eye level between building faces on either side of the street.

2.

On A and B Streets, landscaping should play a supporting role, and help to accent and enhance the architecture. The screening of the building face with planting is neither appropriate nor desirable.

3.

For C and D Streets, or for unsightly service and support functions, landscaping shall be used as buffer and screen elements.

4.

Open space should be consolidated into usable park and green spaces.

b.

Design Standards: These design standards are to be used in conjunction with the requirements of Article X. In general, this Code provides for an alternative standard that may be used in lieu of the existing standards.

1.

Landscape Elements: Broadly defined, landscaping features are grouped into the following functional categories, as defined below:

(i)

Screens and Hedges: means Dense and closely spaced plantings in a linear arrangement intended to form a visual barrier and a deterrent to access.

(ii)

Lawns: means low horizontal planting consisting of any of various species of grasses or low ground covers intended to define the ground plane.

(iii)

Trees and Arbors: means trees or other plants intended to provide shade. Along streets, arbors generally take the form of a regularly spaced row of trees. In special circumstances, certain creeping or climbing plants trained onto a structure may also be used as an arbor.

(iv)

Beds: means defined areas of planting used for accent purposes that may contain a wide variety of plantings, including seasonal color. Beds may be very formal, requiring a high degree of maintenance, or may be natural areas of native species requiring minimal maintenance.

(v)

Hardscape: means any of a variety of manmade elements, including pavement, benches, lighting, waste receptacles, shade structures, public art, fountains, etc.

(vi)

Gardens: means landscaped areas containing several of the above elements arranged in a thoughtful and useful manner and suitable for passive or active use and enjoyment.

2.

Public Open Space: This Code is designed to place buildings close to public streets, rather than to surround buildings with yard areas. This will allow for the consolidation of the required open space into usable areas. While this open space may be in the form of private courtyards, incentives are granted in Section 27-86(a)(7) to provide public open space as a community amenity. The following standards apply to public open space:

(i)

Access: The space must be for general public use at all times, without any restrictions to access. At least one (1) side shall front on a public right-of-way.

(ii)

Size: Surface area shall be a minimum of two thousand (2,000) square feet, with a minimum dimension of twenty (20) feet along any side. The area classified as open space must be open from the ground to the sky, except that up to thirty (30) percent of the area may be covered by shade structures or service buildings.

(iii)

Location: Open space is most effective when contrasted against an urban context, and when defined by buildings on several sides. Open space should not be located near other open spaces. Open spaces should also be used to mark significant intersections or as forecourts for civic buildings or other buildings with a high degree of public access.

(iv)

Frontage: Any building face that fronts on a public open space shall be treated as if it fronted on an A or B Street, as appropriate for the particular situation.

(v)

Design: Wide latitude is afforded the designer, but the design should be sensitive to local conditions and context. Whatever the design, the open space should be usable, people-friendly, and responsive to the local climate. Large, undifferentiated expanses of pavement or landscape areas intended primarily for ornamental use should be avoided. Artificial turf shall not be used as an alternative to natural landscaped materials.

(vi)

Bonuses: Only areas exceeding the minimum open space area requirement of twenty (20) percent of the net lot area can be considered for calculation of open space bonuses.

3.

Buffers:

(i)

The minimum width of the landscaped strip of land located between surface parking areas and an abutting public right-of-way shall be fifteen (15) feet. These buffer strips shall be planted as screens. Where they occur adjacent to a public sidewalk, they should also include an arbor.

(ii)

The width of the landscaped strip of land located between parking areas and abutting private property shall be five (5) feet. Depending on the abutting use, this buffer may be planted as a screen, lawn, arbor, or bed.

(iii)

The area between the building face and the sidewalk shall be landscaped in a manner appropriate for its use. In general, a combination of lawns and beds should be used, accented by trees, if space permits. Hardscape may also be used.

4.

Landscaping of Parking Lots:

(i)

At least forty (40) square feet of landscaping shall be provided for each on-site parking space. This landscaping is in addition to any buffer strips around the perimeter of the parking area, and shall be located within the overall parking lot footprint.

Figure 86-24

Landscape islands

Landscape islands should be distributed evenly throughout the parking lot. The corner areas indicated by asterisks (*) are considered part of the perimeter buffer and may not be counted toward the required area of parking lot landscaping.

(ii)

Landscaping and onsite water retention shall be located in such a manner as to divide and break up the expanse of paving and provide a measure of shade and visual relief.

(iii)

The minimum width of any island shall be nine (9) feet and the minimum depth shall be the equal to the depth of the adjoining parking space(s).

(iv)

Landscaping shall be located so as to enable the interconnection of parking aisles on abutting properties.

(v)

Landscape elements are generally lawns punctuated by trees, although beds may also be used. Trees used for parking lot landscaping shall be shade trees and must be a minimum of twelve (12) feet in height at the time of planting.

(vi)

The front of a vehicle may encroach upon a lawn area where the area is at least ten (10) feet in depth, immediately abuts a parking space, and is protected by wheel stops or curbing. Two (2) feet of such lawn area may be part of the required depth of each abutting parking space.

5.

Renovations: In the case of renovation development as described in this Code where the location of required landscaping is precluded by existing buildings or permanent site improvements, the placement of landscaping may occur off-site, in planters, in openings within paved areas, on the building or any accessory structures, or in other locations as determined by the City.

6.

The minimum open space requirement of the net lot area shall be twenty (20) percent.

(b)

Plantation Gateway Mixed-Use Districts

(1)

Purpose: The Gateway District provides development standards for all of the zoning districts within Plantation Gateway to promote an orderly transformation of the District from a predominantly suburban development pattern to a denser and more active mixed-use activity center characteristic of traditional town center environments. To that end, this section is based on the following general principles:

a.

Land uses should be more tightly integrated within an urbanized, mixed-use development pattern.

b.

Classification of various development types within the district is based on classifying the fronting streets rather than the blocks themselves.

c.

Development should emphasize pedestrian-friendly streetscapes with smaller, subdivided blocks and an expanded, more interconnected street network.

d.

Building forms and massing should address the fronting streets directly with minimal setbacks and active occupied frontages that support enhanced pedestrian activity.

e.

The design of the streets, parking areas, and the public realm should reinforce principles of safe neighborhood design and promote the objectives of Crime Prevention Through Environmental Design (CPTED).

f.

Parking should be de-emphasized and minimized to the actual needs of the property by locating it at the interior of blocks and/or within parking structures and by several strategies designed to reduce the overall quantity of parking required. Minimum parking amounts are not required and a defined maximum amount, if any, should not be exceeded, as per Article VIII.

g.

The architecture should reinforce the pedestrian experience and respond to the human scale by such devices as facade modulation, differentiation of the base zone, and provision of such elements as display windows, balconies, arcades, awnings, etc.

h.

Landscaping should concentrate on enhancing the streetscape experience and shading the pedestrian, with larger consolidation of green space into usable parks and plaza areas.

i.

Signage and graphics should be more active and prominent in selective areas where a more vital commercial environment is desired.

j.

Incentives are included to promote the advancement of the principles listed above.

(i)

M-AM Gateway Auto Mall: The M-AM Gateway Auto Mall District has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to retain the automotive sale uses along the State Road 7 corridor and to harmoniously integrate them with community commercial uses.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-3 and 86-4.

Refer to Section 27-93(c) for additional requirements

(ii)

M-PHD Plantation Healthcare Development District: The M-PHD Plantation Healthcare Development District, formerly known as the B-HCS Healthcare Services District, has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to promote the hospital and associated health care uses, as well as complementary residential, retail, restaurant, office and educational uses, along the State Road 7 corridor and to harmoniously integrate them with community commercial and residential uses.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-5 and 86-6.

¹  developments with 50-100% workforce housing may have a minimum of 25% open space

²  developments with 50-100% workforce housing may have a maximum 50% lot coverage

Refer to Section 27-93(c) for additional requirements.

(iii)

M-PO Gateway Professional Office: The M-PO Professional Office District has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to promote and retain professional office uses along the State Road 7 corridor and to harmoniously integrate them with community commercial uses.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-7 and 86-8.

Refer to Section 27-93(c) for additional requirements

(iv)

M-HC Gateway Hybrid Commercial: The M-HC Hybrid Commercial District has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to promote and retain a healthy mix of community commercial uses along the State Road 7 corridor.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-9 and 86-10.

¹  developments with 50-100% workforce housing may have a minimum of 25% open space

²  developments with 50-100% workforce housing may have a maximum 50% lot coverage

Refer to Section 27-93(c) for additional requirements

(v)

M-FCC Gateway Four Corners Commercial: The M-FCC Four Corners Commercial District has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to promote and retain a healthy mix of general and community commercial uses along the State Road 7 corridor and particularly at the parcels that abut the intersection of State Road 7 and West Broward Boulevard that reflect the Gateway entrance to the City from Fort Lauderdale.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-11 and 86-12.

¹ developments with 50-100% workforce housing may have a minimum of 25% open space

² developments with 50-100% workforce housing may have a maximum 50% lot coverage

Refer to Section 27-93(c) for additional requirements

(vi)

M-AC Gateway Artisan Commerce: The M-AC Artisan Commerce District has been created to promote the redevelopment of the Plantation Gateway District consistent with the goals of the Plantation Gateway Redevelopment Plan. The purpose of the District is to promote artisan-related small businesses and community commercial uses along the State Road 7 corridor.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Tables 86-13 and 86-14.

Refer to Section 27-93(c) for additional requirements

(c)

Transit-Oriented Development (TOD) District

(1)

Purpose and Intent: The TOD district provides development standards for any Priority Redevelopment Area (PRA) infill parcels and properties located along one or more major arterial roadways to be redeveloped into a more urban design standard with a denser and more active mixed-use activity center characteristic of traditional town center environments. To that end, this section is based on the following general principles:

a.

Land uses should be more tightly integrated within an urbanized, mixed-use development pattern.

b.

Development should emphasize pedestrian-friendly and bicycle-friendly streetscapes with smaller, subdivided blocks and an expanded, more interconnected street network.

c.

Building forms and massing should address the fronting streets directly with minimal setbacks and active occupied frontages that support enhanced pedestrian activity.

d.

The design of the streets, parking areas, and the public realm should reinforce principles of safe neighborhood design and promote the objectives of Crime Prevention Through Environmental Design (CPTED) and shall integrate traffic calming measures.

e.

Parking should be de-emphasized and minimized to the actual needs of the property by locating it at the interior of blocks and/or within parking structures and by several strategies designed to reduce the overall quantity of parking required. Minimum parking amounts are not required and a defined maximum amount, if any, should not be exceeded, as per Article VIII.

f.

The architecture should reinforce the pedestrian experience and respond to the human scale by such devices as facade modulation, differentiation of the base zone, and provision of such elements as display windows, balconies, arcades, awnings, etc.

g.

Landscaping should concentrate on enhancing the streetscape experience and shading the pedestrian and cyclist, with larger consolidation of green space into usable parks and plaza areas.

h.

Signage, graphics, public art and murals should be more active and prominent in selective areas where a more vital commercial environment is desired.

i.

Incentives are included to promote the advancement of the principles listed in this subsection.

j.

Encourage the provision of additional amenities that benefit the public health, safety, and welfare, such as housing, a mix of two or more housing types, adequate open space, a diversity of plant material, efficient a mix of all income levels of roadways, safe bicycle and pedestrian connections, stormwater management, and green building practices.

k.

Encourage an intensity of development and a complementary mix of land uses near train and transit stations and stops that is compatible with and supportive of increased transit ridership and that fosters the creation of a livable community with opportunities to live, work, and play within walking distance of convenient transit facilities.

l.

Encourage land uses and site design practices that promote the use of alternative modes of transportation, including rail, bus, bicycling, and walking, thereby reducing traffic congestion from individual automobile use.

m.

Promote economic revitalization of train station and transit stop areas by encouraging innovative, transit-oriented infill development and redevelopment of underutilized land near such stations.

n.

Enhance the visual character and walkability of the train or transit station area or stop through appropriate building scale, high-quality building design and materials, and landscaping.

o.

Create an accessible, visible and walkable environment through the development of buildings that are pedestrian-oriented with storefronts and building entrances that have direct connections to an interconnected sidewalk network.

p.

Encourage shared parking between compatible uses on the same or on adjacent lots, wherever feasible, to minimize the number of curb cuts that interrupt the pedestrian network and to provide for more efficient utilization and distribution of parking within the TOD District.

q.

Foster well-designed vibrant public and private gathering spaces that create a sense of place and encourage social interaction.

(2)

Applicability: The TOD standards herein shall apply to any area rezoned to a TOD district within property that abuts arterial roadways that have transit capability or are expected to have expanded transit capability in the near future. These roadways include the following east/west corridors: Sunrise Boulevard; Broward Boulevard; and Peters Road; and the following north/south corridors: State Road 7, University Drive; and Pine Island Road.

TOD zoning may be utilized on property with the following City of Plantation or Broward County land use designations: Activity Center, Commercial or Commerce, Community Facilities, Employment Center, Industrial, Local Activity Center, Office Park (Limited Commercial), or Irregular Residential east of Pine Island Road and west of University Drive that is already integrated with another applicable land use category, such as Commercial or Office Park.

(3)

Definitions: The following terms are pertinent to Section 27-86(c), and shall be applied when in conflict with definitions utilized elsewhere in this Code.

Artisanal Manufacturing means the on-site production, display, and sale of hand-fabricated or hand-manufactured parts and custom or craft consumer goods based on the skill and knowledge of the artisan and the use of hand tools or small-scale, light mechanical equipment. This involves activities such as small bakeries, candy or soap making, coffee roasters, breweries, distilleries, or the custom production of artisan products such as apparel, cabinetry, glass working, jewelry making, metal working, pottery, sculpture, wood working, and leather working.

Bed & Breakfast means an owner-occupied, single-family detached dwelling in which short-term lodging rooms and breakfast meals are provided for compensation.

Boutique Hotel means a hotel, as defined herein, with a maximum of 40 guest rooms.

Buffer means a strip of land of a certain width generally intended for vegetation such as trees or shrubs or other man-made elements, with the purpose of separating and/or partially screening the view of two adjacent uses or properties from one another.

Build-to Line means a line established within a given lot, which is a certain distance from the curb line, along which the building shall be built.

Building Frontage means the length of a building façade measured in a single straight parallel line with the abutting street(s) or parking lot(s).

Building Stepback means a setback or horizontal offset in the façade of the building above the lower levels.

Common Open Space means an area of land within a development site designed and intended for the use or enjoyment of residents or users of the development.

Cooperative Parking means an arrangement in which two or more uses provide their required off-street parking in the same parking area, thereby reducing the number of individual parking areas and the number of curb cuts required to serve such parking areas.

Duplex means a single building designed as a single structure containing two separate dwelling units.

Façade Articulation means the visible expression of architectural or landscape elements through form, structure, or materials that break up the scale of buildings and spaces to achieve human scale.

Frontage Occupation means the percentage of the street frontage that is occupied by a building.

Green Roof means an engineered, multilayered roofing system sustaining the growth of plants on a rooftop while protecting the integrity of the underlying structure. The components of a green roof generally consist of, but may not be limited to, a waterproofing membrane, root barrier, drainage layer, retention layer, filter fabric, growing medium, and plants.

Hotel means a building designed for occupancy as the temporary residence of individuals. The facility may include meeting rooms, dining facilities, a bar/ lounge, and ancillary recreational uses as accessory uses or structures incidental to the hotel operation.

Moderate-Income Housing means housing which is deemed to be affordable to those with a median household income (as rated by the national government or a local government according to a recognized housing affordability index), where the housing costs, including utilities, do not exceed 30% of the occupant's income.

Oriel Window means a form of bay window which protrudes from the main wall of a building but does not reach to the ground. Supported by corbels, brackets, or similar cantilevers, an oriel window is most commonly found projecting from an upper floor but is also sometimes used on the ground floor.

Outdoor Dining or Seating Area means an outdoor dining area located on the sidewalk or other open area in front of or adjoining a restaurant, coffee shop, or other food service establishment. The outdoor dining area use shall be accessory to a permitted restaurant, coffee shop, or other food service establishment.

Parking Structure means a structure of more than one level designed for the temporary or long-term storage of motor vehicles and which may contain access ramps. May be a freestanding structure or incorporated within a building. Also referred to as "structured parking" and" parking garage."

Party Wall means a wall common to but dividing contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.

Pedestrian-Oriented means a design principle that emphasizes development and infrastructure that improves the access and environment for pedestrians, rather than automobile users.

Pervious Pavement means a pavement type designed to allow percolation or infiltration of stormwater through the surface into the soil below where the water is naturally infiltrated.

Predominant Setback means a front setback equal to the median front setback of the existing principal buildings along a common street frontage.

Public Gathering Space means a public or private outdoor space where the public is directly or indirectly invited to visit or permitted to congregate.

Quadruplex (or Quad) means an arrangement of two attached buildings, connected by a common party wall, designed for and occupied exclusively as a permanent residence for four households, with each half of the building having two households living wholly or partly over the other.

Roof Terrace means a private common open space, located on the roof, serving as a gathering space for tenants of a residential building.

Screening means a method of visually shielding, obscuring, or concealing one abutting or nearby structure or use from another using fencing, walls, berms, or densely planted vegetation.

Shared Parking means a calculation method that determines the number of parking spaces necessary to meet the parking demand on a site where there are multiple uses with different peak periods of parking demand.

Stacked Townhome means a townhome that has two units stacked vertically that may or may not share a middle floor.

Storefront means a display windows of a building housing a commercial use visible from a street, sidewalk, or other pedestrianway accessible to the public.

Story means a level within a building by which building height is measured. The space in a structure between the upper surface of a floor and the upper surface of the floor or roof next above. However, where the floor level of the first story is at least five feet below the adjoining finished grade, the space shall be considered a basement and not counted as a story.

Street Frontage, Primary means the lot frontage located along a primary street, as defined herein.

Street Frontage, Secondary means the lot frontage located along a secondary street, as defined herein.

Streetscape means the area that is between the buildings on either side of a street, including the public or private street right-of-way, which defines its character. The elements of a streetscape include building frontage/façade, landscaping, sidewalks, street paving, street furniture, signage, architectural elements such as awnings, and street lighting.

Townhome means a single-family attached dwelling in a row of at least three units, having one or more common walls, with individual outside access.

Transparency means the percentage of a building façade that is occupied by the transparent glass surface of windows and doors that allows visual permeability into and out of the building. Also referred to as "glazing."

Transportation Demand Management (TDM) means the implementation of programs, plans, or policies designed to encourage changes in individual travel behavior and make efficient use of the existing transportation systems. TDM can include an emphasis on alternative travel modes to the single occupant vehicle such as carpools, vanpools, transit, walking, and biking, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak period.

Triplex or Twin means a single building that contains two separate permanent residential units side-by-side and joined together by a common party wall, but otherwise surrounded by yard areas.

Verge means a strip separating a sidewalk from the curb consisting of grass, landscaping, street furniture, or decorative paving.

(4)

Permitted, Conditional and Prohibited Uses: Table 27-100 establishes the uses permitted by-right or by conditional use as well as those specifically and expressly prohibited within a TOD. Supplemental specific use regulations are found within Sections 27-105 and 27-296. TOD shall require a residential component along with at least one other permitted, non-residential use category from Table 27-100, such as retail, office, food and beverage, and hotel, where the residential component makes up at least 25% and no more than 75% of the total building area. The baseline residential density shall be 50 units/acre, supplemented by bonus density consistent with the City's Comprehensive Plan and the BCLUP.

Use Variances are not permitted within a TOD.

Live/work units need not be counted as units for purposes of density calculations.

(5)

Dimensional Standards: The dimensional standards are outlined in Tables 86-15 and 86-16.

(6)

Rezoning to TOD: Properties with an existing development pattern that are rezoned from another zoning district designation to TOD are required to be redeveloped to have at least one building constructed no more than one hundred (100) feet away from the adjacent abutting arterial roadway(s) and the parking lot landscaped in accordance with current landscape code. Properties that are rezoned to TOD that increase building footprint more than 25% shall construct building frontage along more than seventy-five percent (75%) no more than one hundred (100) feet away from the adjacent abutting roadway(s) and shall not have surface parking spaces located closer than 60 feet from the adjacent abutting roadway(s). Rezoning shall be subject to the requirements of Section 27-44, utilizing the criteria found below in Section 27-86(c)(c).

(a)

Rezoning of B-7Q properties:

(1)

All properties that are zoned B-7Q as of the effective date of this ordinance, may be rezoned to TOD and shall not have any uses that are prohibited in a TOD district once those uses are abandoned. The uses that were previously approved as conditional candidate uses for the property when it was zoned as a B-7Q shall be superseded by the TOD permitted uses.

(2)

Owners of properties zoned B-7Q as of the effective date of this ordinance, shall submit a proposed ordinance to eliminate prior City ordinances restricting the permitted uses, prior to the effective date of the Rezoning Ordinance and shall be subject to Use Table 27-100.

(b)

Parking: Properties with a TOD zoning designation shall not have a minimum requirement for parking. The Applicant for the Rezoning shall submit a parking study to the City for consideration and approval, prior to the effective date of the Rezoning Ordinance, consistent with the procedure outlined in Article VIII.

(c)

Rezoning Criteria: In deciding whether to recommend approval of a proposed amendment, Staff, the PZB and City Council shall determine whether or not:

1)

The proposed amendment is consistent with Goals, Objective, and Policies of the City's Comprehensive Plan, including population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services; and

2)

The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses; and

3)

If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan; and

4)

The proposed change would adversely affect traffic patterns or congestion; and

5)

Whether the proposed change would have an adverse environmental impact on the vicinity; and

6)

Whether the proposed change would adversely affect or positively impact the health, safety, aesthetics, economics and welfare of the neighborhood or the City as a whole.

(7)

Housing: At least 10% of the proposed dwelling units shall meet the County's definition of moderate-income, low-income or very-low income housing with respect to defined AMI at the time of City approval. TOD property owners are encouraged to provide a diversity of housing types for a diversity of income levels.

(8)

Incentives and Bonuses: A maximum of 3 additional bonus floors may be allowed without the Applicant obtaining a height waiver, except for property west of Pine Island Road. The following incentives shall permit increases in height, if the property incorporates:

a.

a parking structure and does not have any surface parking other than parallel parking adjacent to the building(s) - 2 floors

b.

all surface parking behind the building(s) - 1 floor

c.

alternative energy components, such as roof top solar panels or vertical solar panels, a roof top garden or green roof - 1 floor

d.

20% or more affordable / workforce housing, where at least 25% of those workforce dwelling units are deemed for low-income and very-low income residents - 2 floors

e.

20% or more affordable / workforce housing, where at least 10% of those workforce dwelling units are deemed for low-income and very-low income residents - 1 floor

f.

a commitment to meet the sustainable site and architectural design standards that would be consistent with being able to obtain LEED or Florida Green Building Council or Florida Green Globes certification (where official certification would not be required) - 3 floors if combined with at least one other incentive listed in (a)-(e) above.

(9)

Non-conformity: all prohibited uses previously approved and existing prior to the TOD Rezoning of the property shall be considered legal, non-conforming and cannot be expanded. If a nonconforming business ceases to be operational or fails to renew their LBTR, for more than 180 days, then that use will no longer be allowed to continue and cannot be replaced by another prohibited business, in accordance with Article XII.

(10)

Illustrative Graphics: Reserved.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 6(Exh. E), 11-5-2025)

(a)

Industrial Districts: These industrial districts are intended to provide for light industrial and office development in conformance with the Comprehensive Plan and allow for a variety of uses to accommodate the City's industrial and commerce needs, and to provide for additional housing opportunities. 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 or Commerce on the City's Land Use Plan Map.

(b)

I-LP Light Industrial District: The I-LP, Light Industrial district is intended primarily for the distribution, manufacture, processing and assembly of articles and products conducted within an entirely enclosed building and not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent property. The I-LP district is also intended to encourage quality, tax-base intensive, technology-based industry, including research and development, with limited office use. The I-LP district may abut a residential or business district and the activities permitted are intended to be compatible with such neighboring districts under the yard and separation regulations provided. In order to minimize conflict and preserve the I-LP district for their primary purposes, institutional, assembly of persons, personal services and retail uses are generally not permitted. Outdoor storage shall not be permitted.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 87-1.

Notes:

¹ Area 1 That area of Section 34-49-41 lying south of N.W. 16th Street, east of N.W. 66th Avenue, north of the center line of N.W. 12th Street as shown on the plat of Plantation Sunrise Heights 3rd Addition, P.B. 50 p. 19, as extended eastward, and west of the Holloway Canal.

² Area 2 - All other properties within the I-LP district.

(3)

Access Restrictions: Given that the public street system servicing this district has been fully developed, and that most of the parcels adjacent to Sunrise Boulevard have been platted, and that Sunrise Boulevard is considered to be a major roadway, after January 1, 2010, parcels adjacent to Sunrise Boulevard shall not have additional points of vehicular access to or from Sunrise Boulevard, provided, however, that an access point existing prior to such date may be relocated, if permitted by applicable platting procedures.

(4)

Authority to Defer Requirements: The City Council may defer or modify the requirements for building sidewalks of this section provided the owner of the property executes an agreement which guarantees that the sidewalks will be built at such time as the City Council determines it necessary. Such agreement shall be legally binding on any subsequent owners and shall be an advance consent authorizing the City to construct the sidewalk and assess the cost of same against the property in the event the owner refuses to comply with the agreement, regardless of whether or not a special assessment relates to construction on private property. The agreement shall be capable of recordation and be satisfactory to the City Attorney.

(c)

I-L2P Large Light Industrial District: The I-L2P, Large Light Industrial, mixed-use district is intended for the distribution, manufacture, processing and assembly of articles and products not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent property and large scale office uses in a campus-like setting on a parcel of forty (40) acres or more. The I-L2P district is also intended to encourage quality tax-base intensive, technology-based industry, research and development, and office use. The District also permits a limited amount of commercial use to serve employees working within the campus and the general public. Shared facilities which may include an internal sidewalk network, shared driveways, plazas, shared parking areas and other amenities for the employees working within the campus are encouraged. In order to minimize conflict and preserve the I-L2P district for its primary purposes, institutional, assembly of persons and outdoor storage are generally not permitted. Outdoor storage shall not be permitted.

(1)

Permitted and Conditional Uses:Section 27-100 establishes the uses permitted by-right or by conditional use.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 87-2.

(3)

Required Conditions:

a.

Unless otherwise provided for in the Code, before any building permit is issued, development plans and information (including, but not limited to, a written description of proposed use or uses, site plan, floor plans, building elevations, and landscape plans) shall be submitted to the Planning Zoning, and Economic Development Department and Review Committee for comment and recommendation to the Planning and Zoning Board.

b.

The PZB will review the site drawings as to acceptable design of site development, building elevations, landscaping, and lighting in accordance with the requirements of this section.

c.

The plans, together with the recommendation of the PZB, shall then be submitted to the City Council for its review and approval.

d.

In reviewing such site development plan, the City shall consider the following:

1.

Safe access and circulation for vehicles and pedestrians with respect to streets (public or private) and on-site parking, loading, walkways, and sidewalks (where they exist); and

2.

The compatibility and impact of proposed uses upon adjacent properties including the building mass and scale, the parking impacts, degree of landscape or screening, noise, odors, and character of the uses shall be considered.

e.

The City Council may attach to its approval of the site development plan any reasonable conditions as are necessary to further the purposes of this division. After Council approval, application may be made in the Building Department for the issuance of a building permit.

(4)

Architectural Design:

a.

Intent: All buildings, regardless of use, shall be of substantial design and construction using high quality materials and workmanship, be site-responsive, recognize local character, and have architectural features and patterns that provide visual interest from the perspective of the pedestrian.

b.

Design Standards:

1.

Buildings shall be designed to include design elements that break up the appearance of horizontal building lengths which are greater than 150 feet using design elements such as: variations in: color, materials, elevation or surface texture, by the application of cladding, banding, or other decorative elements; by the use of stepbacks; by landscape treatments or by other measures acceptable to the City Council.

2.

The façades of any building fronting on a public right-of-way, as well as the façade(s) of the building where the principal entrances are located, shall be treated and articulated to create a three-dimensional elevation to reduce the impact of building mass (e.g., covered entryways, recessed doors or windows [except where daylight design warrants against such elements being recessed in order to maximize the benefit of energy sources], stucco bands, stepback walls, pilasters, etc.). Segmented shading or architectural elements which are allowed on the exterior of any the building facade or designed to reduce building mass may protrude into the setback area.

3.

Building facades fronting University Drive or Sunrise Boulevard shall not contain loading areas, overhead doors, or outdoor storage areas.

4.

Building facades that front on University Drive or Sunrise Boulevard shall be composed of at least seventy-five (75) percent of Class 1 or 2 materials, with at least ten (10) percent of Class 1 material as the total facade. Building facades that front on other public rights-of-way shall be composed of at least thirty (30) percent Class 1 or Class 2 material, with at least five (5) percent of Class 1 material as the total facade. Refer to Table 87-3.

5.

Metal buildings (such as butler buildings) or corrugated metal panels as a primary façade material shall not be allowed. Decorative metal panels utilized as a secondary façade material or to screen rooftop equipment shall be allowed.

6.

Corrugated metal roofs visible from the building exterior shall not be permitted. Standing seam metal roofs shall be allowed.

7.

Accessory buildings, regardless whether attached or detached from the principal building, shall be constructed of the same style, quality, and appearance as the principal building.

8.

The primary building color shall be a subdued, muted, natural or earth toned color. A brighter, non-natural color may be used for accent elements, doors, windows, and architectural details. No more than four (4) colors shall be used. Bright, highly reflective, or garish colors shall not be used. Color palettes shall represent a harmonious and balanced theme, and shall not create major visual conflicts with surrounding buildings.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, §72(Exh. F), 11-5-2025)

(a)

The office district is intended to provide for institutional, service, and office uses requiring arterial or collector street access. The purpose of the district is to accommodate well designed development sites that provide excellent transportation access and make the most efficient use of existing infrastructure. This district restricts uses primarily to offices and ancillary uses that do not have peak weeknight or weekend usage in order to provide a buffer between residential areas and more intensive uses. This zoning district may be applied to land designated Office Park or Commerce on the City's and County's Land Use Plan Map.

(b)

OP-P Office Park Plantation (Limited Commercial) District: The primary purpose of this district is to preserve the development of large-scale planned office complexes and accessory facilities under single ownership or unified control which contribute to the local economy, improve the City's tax base and provide new jobs for Plantation residents and which minimize the potential traffic impact on adjoining streets and traffic and other impacts on nearby areas.

The major objectives to be achieved by this District are to provide an open space campus-like environment in harmony with adjacent and surrounding areas, to provide freedom for the designer to take a creative approach to development in a park-like setting and thereby enhance the visual quality of the City. OP-P districts may consist of a series of separate developments with special effort to coordinate design and development in terms of signage, exterior lighting, landscape and architectural design.

OP-P shall consist primarily of offices and complementary uses in accordance with the provisions of the Broward County Land Use Plan (BCLUP) and City Land Use Plan; however, the entire development campus, may include other separate but related developments, some with independent function and character but harmonious and integrally related to the office park though they may require other zoning designations.

(1)

Permitted Uses: The permitted and conditional uses shall be as set forth in Section 27-100.

a.

Nonresidential principal uses other than those listed in Sec. 27-100, may be permitted as conditional uses upon a lot or parcel of land zoned OP-P, provided that the total gross acreage of the lot on which such principal conditional uses is proposed, together with the gross acreage of all other lots with approved nonresidential principal conditional uses under this section, does not exceed ten (10) percent of the gross acreage in the district. At the time any nonresidential principal conditional use under this subsection is approved, the lot or parcel of land for same shall be clearly identified, and shall include, all parking, access, landscape, and open space areas necessary to serve the approved conditional use."

(2)

Dimensional Standards: The dimensional standards are outlined in Table 88-1.

A dash (-) means "Not Applicable"

^{*provided that a perimeter landscape bufferyard width of at least 75 feet is maintained}

(3)

Subdivision, Ownership and Control

a.

Any area of land proposed for development as an office park may be subdivided into lots or parcels that shall be at least two (2) acres in size.

b.

The proponent of an office park shall develop and include with the conceptual site plan for the OP-P district for PZB and City Council review and approval, a concept description of the proposed organization and management of the office park which shall identify and define the responsibilities of any proposed management or owner or occupant association or organization and that of individual developers, purchasers or tenants.

(4)

Market Data and Analysis: The proponent of an OP-P district shall also submit with an application for zoning a statement of the marketability of the proposed development prepared by an economist, which shall include at a minimum:

a.

The estimated market demand for the specific type, quantity and mix of uses proposed including uses related to, but not within, the OP-P district, and

b.

An estimate of the rate of market absorption of the square foot area proposed in relation to the amount of completed, approved and programmed area for these uses already in the City.

(5)

Signs: A comprehensive, unified system of signage for the office park and its occupants shall be designed and presented to the PZB and to the City Council for review and approval in conjunction with the conceptual site plan for the OP-P district and related area together with details including plans showing sign dimensions, size, colors, materials, lighting, landscaping and location.

(6)

Enclosure of Uses: There shall not be any open outside storage of materials, supplies, products, equipment or machinery, except for the vehicles of employees and visitors. Such storage must be within a building or an enclosed structure effectively screened from view by landscaping and /or walls and opaque fences.

(7)

Off-Street Parking: Parking shall be provided as per Article VIII of Chapter 27.

(8)

Compliance with Ordinances: General application zoning and development ordinances, shall apply to the OP-P district. In the course of review and approval of the site and development plans, the City Council may require more restrictive conditions based on site specific considerations relating to a particular development. The City Council may waive or modify the requirements of any ordinance based upon a finding that such waiver or modification enhances the utilitarian and aesthetic aspect of a site development plan.

(9)

Unified Control: A Certificate of Occupancy shall not be issued until unified control documents are approved as to form acceptable to the City's legal department and recorded against such zoned lands so as to assure that such OP-P zoning will, in fact, be developed under unified control in parcels so as to assure that such OP-P zoning will meet the stated purposes and intent of such districts as set forth in Section 27-88.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 2(Exh. G), 11-5-2025)

(a)

S-CP City Park District: The City Park 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 Land Use Plan category permitted uses. This zoning district may be applied to land designated Park or Residential on the City's Land Use Plan 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 S-CP district may be established.

(1)

Permitted Uses: Permitted and conditional uses may be found in Table 89-1.

(2)

Dimensional Standards: The dimensional standards for height and setbacks shall be as approved by the City Council as per the recommendation of the Parks and Recreation, Engineering and PZED Directors.

(b)

S-GC Golf Course District: The purpose of the golf course district is to provide for major public and private golf courses and accessory uses within the City.

(1)

Permitted Uses: Permitted and conditional uses may be found in Table 89-2.

¹  Hotels ancillary or accessory to the golf course or private country clubs having a maximum ratio of thirty-six (36) guest rooms or suites for each eighteen (18) holes of golf on a conditional use basis with one such condition to be that the golf course property be perpetually deed-restricted for such golf course usage to assure such conditional hotel usage is and shall remain ancillary in usage to the parcel's intended primary private golf course or private country club usage.

²  Noise-controlled sports and recreational uses which may be appropriate, as in keeping with the City of Plantation Land Use Plan policies, objectives, and uses for the Commercial Recreation Land Use designation.

³  Snack bar that is detached from main clubhouse which may serve alcoholic beverages and which is ancillary to the primary golf club use, shall have operating hours of the facility close no more than two and one-half (2½) hours after play and the use must be located a minimum of three hundred (300) feet from the nearest residential structure.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 89-4.

A dash (-) means "Not Applicable"

(3)

Fences Fences and walls shall not be located in the S-GC district without prior approval by the City through a modified site plan or conditional use and the issuance of a fence permit.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 9(Exh. H), 11-5-2025)

(a)

CF-P Community Facilities District: The Community Facilities (CF-P) district is intended to generally provide for institutional uses such as places of worship, schools, government and cultural buildings, public facilities, libraries and museums, which benefit the community, provided that these uses shall 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 may be more restrictive than, the Community Facilities Land Use Plan category permitted uses. This zoning district may be applied to land designated Community Facilities, Local Activity Center, Residential or Commercial or Commerce on the City's Land Use Plan Map.

(1)

Permitted and Conditional Uses: Table 90-1 establishes the uses permitted by-right or by conditional use.

(2)

Reverting to Previous Zoning Use: From and after March 17, 1984, all land rezoned for community facility use to the CF-P zoning district designation, shall revert to the zoning use district previously attributable to said land prior to the CF-P zoning designation approval upon the cessation or abandonment of such uses as are allowed under the CF-P zoning district use as set forth in this section. The Director of Planning, Zoning and Economic Development is instructed to then forthwith initiate such reverter zoning and any necessary land use changes through appropriate ordinance enactments as to correctly reflect such reverted land use and zoning on the official City Future Land Use Element and Map and the official City zoning map.

(3)

Dimensional Standards: The dimensional standards are outlined in Table 90-2.

A dash (-) means "Not Applicable"

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 2(Exh. I), 11-5-2025)

(a)

U Utilities District: The Utilities District (U) is intended to provide for all public utility uses. This zoning district may be applied to land designated Commercial or Commerce, Community Facilities, Industrial, Office Park, Recreation and Open Space, Residential or Utilities on the City's Future Land Use Map.

(1)

Permitted Uses: Permitted and conditional uses may be found in Table 91-1.

(2)

Dimensional Standards: The dimensional standards are outlined in Table 91-2.

A dash (-) means "Not Applicable"

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2025-010, § 11(Exh. J), 11-5-2025)

(a)

PCD Planned Community Districts: The primary purpose of Planned Community Developments (PCD) zoning is to permit land under unified control to be planned and developed as a whole (as a single operation or an approved series of operations) with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. This flexibility provides an opportunity and incentive to the developer to strive for excellence in physical, social and economic planning. To achieve this comprehensive planning in an orderly manner, the developer-applicant will give appropriate consideration throughout all their planning, design and development to the following:

•

The reservation of adequate areas of permanent open spaces;

•

The location of buildings to take maximum advantage of the natural and man-made environments;

•

A variety of types, spacing and location of housing to achieve a harmonious community;

•

Separation, delineation, or other effective control of pedestrian and vehicular traffic systems for achieving traffic safety;

•

The provision of cultural, educational, medical and recreational facilities available in the City of Plantation and the general area of the PCD;

•

An orderly and creative arrangement of all land uses with respect to each other and to the entire community, in relation to existing or planned residential, commercial, light industrial and institutional facilities, schools, parks, playgrounds and recreational areas, parking areas and other open spaces; and

•

The aesthetic qualities of the PCD.

There are two kinds of PCD zoning districts in Plantation, to wit: Planned Residential Development Districts (PRD-Q) and a Planned Commercial Development District (B-7Q). Unless specifically stated, or unless the context warrants an alternative conclusion, the letters "PCD" in this Article refers to both kinds of Planned Community Development Districts.

(1)

Intent:

a.

The intent of this Article is to promote the planned growth of viable communities, to allow greater freedom of design, to improve the opportunity for variety and creativity in land development, to schedule the expenditure of public funds, and to achieve the intent of land use as described in the City Land Use Master Plan and land use regulations. It is the intent to advance the public benefit through the process of PZB review and City Council action on comprehensive plans, prepared and submitted by the developer-applicant according to this section, for PCDs of residential or commercial, or institutional or light industrial facilities and related uses and structures including:

1.

Principal and accessory uses and structures substantially related to the function and the character of the development itself and the surrounding area of which it is a part;

2.

Development plan specifying and clearly indicating the location, relationship, design, nature and character of all primary and secondary uses, public and private easements, public and private utilities, structures, public and private roads, parking areas and common open spaces with their respective landscape schemes, and

3.

A program for full provision, maintenance, and operation of such private improvement areas, facilities and services for exclusive common use by the occupants of the PCD, which will not be provided, operated or maintained at public expense.

b.

Because PCDs are equally adaptable to new development, redevelopment, and conservation of land, water and other City resources, it is the intent of these regulations for PCDs to accomplish not only unified planning, but also to the extent not inconsistent with the intent and objectives of this Chapter the purposes of zoning and other applicable City regulations to the same degree that they are intended to control development on a lot-by-lot basis.

c.

Because of the substantial public advantage of planned community development, it is the intent of PCD regulations to promote and encourage development in this form where tracts are suitable in size, location and character for the uses and structures proposed are to be planned, maintained, and developed as unified and coordinated communities.

(2)

PCDs Define: Planned community development under this provision is defined as land under unified control, planned and developed as a whole; a single development operation or a definitely programmed series of development operations, including all lands and buildings; principal and accessory structures and uses substantially related to the character of the district; comprehensive and detailed plans which include not only streets, utilities, building sites and the like, but also site plans, floor plans and elevations for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and a program for provision, operation and maintenance of such areas, improvements, facilities and services as will be for common use by some or all of the occupants of the project, but will not be provided, operated or maintained at general public expense.

(3)

Requirements:

a.

PCDs shall be in harmony with the Comprehensive Plan and may be approved as a method of providing greater flexibility of development than otherwise allowed by other zoning classifications.

b.

The adoption of PCD rezoning shall include as an enforceable condition thereto all plans, specifications, agreements, and requirements as herein set out, together with an enforceable agreement on the part of the developer that the land so rezoned shall not be developed in any other way except in substantial accord with the said plans, specifications, agreements and requirements, unless otherwise approved as hereinafter provided.

(4)

Unified Control: All land included within an application to the City Council for a development permit where any requirement of the zoning or subdivision ordinances of the City of Plantation is sought to be waived (such as, but not limited to, the dedication or deeding of public road rights-of-way; deviations of building setback lines, etc.), shall be under a plan of common development and common ownership of said property (either through common ownership associations, condominium declarations, or other forms of ownership where unity of title does not exist for all lands covered by the requested development permits). The applicant shall agree to:

a.

Proceed with the proposed development according to the provisions of this ordinance and conditions attached by the City Council when such development permits are granted (approval of site plan, elevations and locations of buildings depicted thereon, landscape and parking plans, exterior finishes, etc.).

b.

The applicant shall submit to the Department prior to any request for a building permit for a primary structure pursuant to the development approval granted by the City Council under subsection (1) hereof, such unified control agreements, contracts, deed restrictions or other documentation as necessary in connection with the development, together with such financial assurances as may be required for review as to the legal sufficiency of same, so as to assure the development will comply with requirements respecting public elements servicing the property on which such development approvals are obtained; as well as to assure the continuing operation and maintenance of those private roadways and other areas and facilities of development which, pursuant to the requested development approvals given by the City Council under subsection (1) hereof are not to be operated or maintained at public expense. In reviewing such unified control documents, the Legal Department shall see that the following minimum criteria are met:

1.

That valid governmental access is provided for the servicing of the development, both during and after construction of same.

2.

That if the project is being built in phases, an adequate traffic circulation plan is depicted through the use of temporary cul-de-sac at the end of each phase of on-site road construction, so as to assure reasonable traffic flow through each phase (even if future phased constructions are not built).

3.

That no encroachment shall not be made into any commonly-owned land which would affect the outward elevations of any primary structure without prior approval by the City Council and that all such encroachments be uniform as to applicability between the developer or future unit owners under a delineated procedure approved by the Building Department which procedure shall minimally require prior approval of the owner(s) of such land of such intended encroachments and a hold harmless agreement from such owner(s) to the City for granting permits for such requested encroachments (it being understood that the City Council can delegate to the Building Department approval of any elevation changes occasioned by such encroachments within the common areas of such developments). As used within this subsection c, the word "owner(s)" shall mean those owners having beneficial use of the area wherein the encroachment is contemplated or their representative (such that, for example, if an encroachment is permissible pursuant to condominium documents in a limited common area, then the encroachment may be permitted with the approval of the beneficial unit owner together with a representative of the other owners (i.e., the association) without requiring the consent and approval of all owners of the limited common area).

4.

That the amendatory provisions of such unified control documents require approval of amendments by the City Council or its Legal Department before same are deemed effective.

5.

That the developer and subsequent owners of property within the proposed development must agree to utilize, where offered, all municipal franchised services and may not independently contract for such services without prior approval of the City Council (presently included within franchised services of the City are garbage collection and electric utility service).

6.

That provisions are not included within the unified control documents which would permit a conflict with the ordinances of the City of Plantation or the regulations of other governmental agencies having any jurisdiction over the property covered by such development and affirmative assurances of compliance with such ordinances and governmental regulations are to be contained within the unified control documents (illustrious of such compliance with ordinances would be a requirement that the City's comprehensive sign ordinance be fully complied with within the development; that less restrictive signs not be permitted within the development; that traffic regulation, directional signs or efforts to control flow of traffic or speed of traffic not be allowed to be erected, emplaced or otherwise installed upon or adjacent to any private road system within the development which would conflict with the ordinances of the City of Plantation or other duly enacted governmental regulations concerning traffic, signage and control; that no surface water drainage not be permitted that would conflict with the requirements of the City's ordinances for subdivision improvements or the regulations of any drainage district having jurisdictional authority over the property covered by said development, etc.)

7.

That a proper method of assessment for maintenance of commonly and/or privately owned property and improvements with lien rights and enforcement rights be created within the unified control documents so as to give the City reasonable assurance that the future maintenance of such private facilities and land will not be at public expense and that the developer bear their fair share of such expenses during the development of the property covered by such unified control documents.

8.

That all State disclosure requirements to prospective purchasers of condominium units are fairly made.

9.

That such additional requirements as are imposed by the City Council in its review of the applicant's requested development approvals, as well as such additional requirements as the administration deems proper to adequately protect the health, safety and welfare of the future occupants of primary structures within said development be included in legally enforceable form within such unified control documents.

c.

Bind his or her successors in title to any commitments made in (1) and (2) above within the land parcel owned by each successor. Nothing herein contained shall preclude the divesting of ownership or control by the applicant of all or part of the land within the area of such development approval request after approval of same is obtained from the City.

d.

Where the provisions of this Code or the conditions of development approval require Unified Control, primary structure building permits shall not be issued until the Planning, Zoning, and Economic Development Department has received a set of unified control documents which have been approved by the Legal Department.

(5)

Planned Community Development Districts

a.

PRD-Q Planned Residential Districts (PRDs) Since the concept of a PCD is that the land in question shall be developed under unified control and planned and developed as a whole, and since a land owner/developer cannot plan for the development of any neighbor's property without that neighbor's consent, all development requests for land zoned planned residential districts (PRD-Q lands) shall be reviewed solely on the basis of the land owned by the developer seeking a development approval. All PRDs should be at least seventy thousand (70,000) square feet in area and may be developed on a conditional use basis as determined by the City Council after review by the Planning and Zoning Board for one (1) or more of the following uses:

1.

Single-family dwellings; provided, however, that should a single-family development be granted, the only other uses that may be granted in said development order shall be recreational uses for the exclusive use of the owner(s)/occupants of such single-family dwelling development and/or ADUs on individual lots within the PRD, which may be approved administratively, unless explicitly prohibited by any restrictive covenants, HOA or condominium association documents;

2.

Two-family dwellings or duplexes;

3.

Multi-family dwellings, townhouses, garden apartments, cluster or zero-lot-line housing, multi-story residential structures;

4.

Buildings and structures accessory to multiple-family planned residential developments such as recreation halls, pool cabanas, laundries and similar facilities;

5.

Medical facilities of the type usually associated with ancillary nursing care facilities in convalescent or resident care facilities which are expressly limited to the exclusive use of the owners/occupant thereof;

6.

Group homes for the physically handicapped in accordance with the standards and licensing conditions provided by the State of Florida and by Section 27-93(h)(7);

7.

Active and passive recreational facilities for the exclusive use of the owners/occupants and their invitees;

8.

ADUs subject to the limitations set forth in Section 27-310(g).

9.

Developments that have a clubhouse, community center, or similar structure within the property for the use of residents shall be permitted the following as an accessory use:

i.

Business office use such as educational services, banking and financial services, (including but not limited to) investment or insurance), including, but not limited to routine preventive well-care medical or dental services; including, but not limited to blood pressure testing, flu shots, mammograms, blood tests, and preliminary laboratory work) and activities customarily related thereto.

ii.

Mobile medical units including laboratory services, which perform diagnostic, therapeutic or other medical procedures of a nonsurgical nature so long as the unit does not present any obstruction to traffic or a safety hazard to vehicles or pedestrians.

iii.

Mobile libraries, voter registration units or similar mobile uses, so long as the unit does not present any obstruction to traffic or a safety hazard to vehicles or pedestrians.

The above uses shall be subject to the following regulations:

•

Business shall not be conducted longer than eight (8) hours in any twenty-four-hour period nor more than two (2) days in any seven-day period.

•

Signs or advertising for such uses shall not be displayed on any building or anywhere within the property, unless it is entirely within a building and is not visible from the outside of the building.

•

All such uses shall be of such a character and size as to clearly serve only the residents of the development and is located in the development solely for the convenience of the residents living in the development, such services may not be open to members of the general public.

•

Structural alterations to any clubhouse shall not be made in order to accommodate such use.

•

Sales of merchandise or products may not take place.

•

Such uses shall be conducted entirely within the building or mobile unit and if in a building in an area not to exceed ten (10) percent of the total gross floor area of the building being used.

10.

Home-based Businesses: PRD Residents may obtain a Local Business Tax Receipt (LBTR) for a business address at their home, provided that the operation of such is in compliance with this Article, Section 27-301, and Chapter 14, Article II. Residents may convert their existing dwelling into a Live-Work home provided that they abide by foresaid Code provisions as well as the City's parking regulations and provided that the PRD's restrictive covenants do not explicitly prohibit this use of the property.

11.

Community Gardens as per Section 27-105(b).

b.

Planned Commercial Development (B-7Q) District:

1.

B-7Q Districts shall not have residential structures or usage other than hotels, except: (i) within Central Plantation (i.e., Plantation Midtown), as defined in the adopted City Comprehensive Plan, or (ii) within that portion of Plantation which is North of Cleary Boulevard, abutting Sunrise Boulevard and South of the City's northern boundary, East of Pine Island Road, and West of University Drive. Where the provisions of this paragraph (5)(b)(2) would permit residential structures and uses on property designated with a B-7Q zoning classification, other than hotels and motels, the following additional requirements are applicable:

i.

The size of the parcel containing residential uses shall be at least seventy thousand (70,000) square feet in area.

ii.

The residential use shall be multi-family only, shall have a density greater than five (5) dwelling units per acre, and while the density in excess of five (5) dwelling units per acre will be established as part of the conditional use approval, such multi-family residential density will always be subject to the maximum allowable densities permitted under the parcel's Comprehensive Plan Future Land Use Designation, or as may be otherwise established by an assignment of Comprehensive Planning Flexibility.

iii.

The height of all buildings containing residential uses which are located outside of Central Plantation, as defined in the City Comprehensive Plan, shall not exceed five (5) stories with a maximum height of sixty-five (65) feet.

iv.

The site development criteria (including building design) that will be applicable to buildings containing residential uses shall be those that are applicable in the Planned Residential Development District (which include the Planned Community Development District requirements).

2.

Except as may be provided in Section 27-105(t) below for self-storage facilities outside of Central Plantation, as defined in the City's Comprehensive Plan, heavy commercial uses as defined by Section 27-11 shall not be permitted in the B-7Q zoning district. All uses listed in the B-5P zoning district business use listings in Section 27-100, entitled "Master Business List," shall also not be permitted in the B-7Q zoning district, regardless of whether such business use listings are listed in another zoning district.

3.

Except as may be limited or prohibited elsewhere in this Code (including this Section), any use which from time to time is listed in the aforesaid City Master Business List is a candidate conditional use for B-7Q zoned property.

4.

Except as otherwise provided in Section 27-45(h) and 27-50(h) of this Code (which relates to Minor Development Approvals), all available and proposed candidate conditional uses in the B-7Q zoning district shall require conditional use approval of the City Council after review by its Planning and Zoning Board, Review Committee, and other development advisory boards and committees as may from time to time be given jurisdiction for such purposes by the City Council. Such uses shall be evaluated in accordance with the measurable standards and criteria set forth in Section 27-45 of these LDRs (entitled "Conditional and Permitted Uses") and shall require approval by the City's governing body City Council, after it specifically finds, among other things, that the candidate conditional use is appropriate and desirable for development in such Planned Commercial Development District having due regard and concern of such proposed development in relation to any surrounding and already developed areas or neighborhoods.

5.

Application of Master List of Business Uses and other regulations to Planned Commercial Development B-7Q Conditional Uses.

i.

Planned Commercial Development B-7Q candidate conditional uses are subject to the development regulations that apply to the use's business use listings in Section 27-100, entitled "Master Business List," and Section 27-105, entitled "Specific Use Regulations," except when said regulations conflict with those of this Section (in which case this Section shall control). Where a business use listing in such Master Business List (or its Specific Use Regulations) has conflicting regulations for the use (as in different zoning districts, for example), the most restrictive of such regulations shall be applicable to the candidate conditional use proposed for the B-7Q zoning district.

ii.

Additionally, Planned Commercial Development B-7Q candidate conditional uses are subject to the development regulations that appear in Articles V, VI, VIII, X, XI, and XII of these LDRs, as well as other land development regulations within other Chapters of this Code.

iii.

Notwithstanding the above, the following business use listings shall continue to be candidate conditional uses for B-7Q zoned property: bicycle stores and repair shops; camera shops; carpet, rugs, floor covering-retail; electrical appliances-retail and incidental repairs, food takeout or delivery-retail; self-storage facility (only outside of Central Plantation as defined in the City Comprehensive Plan); and schools (both business schools and specialty schools).

iv.

Fast food restaurant (as defined by Section 27-11 of this Code, entitled "Definitions") within the B-7Q zoning district, in addition to being candidate conditional uses, shall not be freestanding establishments; nor shall such fast food restaurant have a drive-through facility; instead, they shall be located only within a multi-tenant building without an exterior walk-up counter or window or drive-through facility.

6.

Implementation of designated uses on specific B-7Q zoned properties. Except as provided in this section, all existing provisions in the City of Plantation Code of Ordinances, prior uncodified ordinances, or prior de jure or de facto resolutions in conflict with Ordinance No. 2254 are hereby superseded by Ordinance 2254 and are hereby repealed to the extent of such conflict and are of no further force and effect. Where the City has enacted a property specific ordinance applicable to B-7Q zoned property approving a use as a permitted use (as distinguished from approving certain uses as being allowed only as conditional uses (i.e., requiring conditional use approval in order to be employed on the property)), and where such property has received certificates of occupancy prior to the effective date of Ordinance No. 2254 for structures that could readily accommodate such permitted use without material alterations, the property affected shall be able to employ such use as a permitted use in such structures after the effective date of Ordinance No. 2254. Where the City has enacted a property specific ordinance applicable to B-7Q zoned property approving a use as a permitted use, and where such property has not received certificates of occupancy prior to the effective date of Ordinance No. 2254 but has received site plan approval prior to the effective date of Ordinance No. 2254 for structures that could readily accommodate such permitted use, the property affected shall be able to employ such use as a permitted use in such designed structures after the effective date of Ordinance No. 2254, unless and until the site plan approval expires. Where the City has promulgated a property specific de jure or de facto resolution (a de facto resolution being an approval of the City Council by motion and vote) applicable to B-7Q zoned property approving a conditional use application, and where such property has received certificates of occupancy prior to the effective date of Ordinance No. 2254 for structures that could readily accommodate such approved conditional use without material alterations, then the property affected shall be able to employ such use in such structures as an approved conditional use after the effective date of Ordinance No. 2254. Where the City has promulgated a property specific de jure or de facto resolution applicable to B-7Q zoned property approving a conditional use application, and where such property has not received certificates of occupancy prior to the effective date of Ordinance No. 2254 but has received site plan approval prior to the effective date of Ordinance 2254 for structures that could readily accommodate such approved conditional use without material alterations, then the property affected shall be able to employ such use in such designed structures as an approved conditional use after the effective date of Ordinance No. 2254 unless and until the site plan approval or conditional use approval expires.

(6)

Internal PCD Standards

a.

Pedestrian and Vehicular Access

1.

Every dwelling unit, or other use permitted in the PCD, shall have access to a public street either directly or via an approved private road, court, or other areas maintained for use in common, which shall be owned and maintained under unified control as required in Section 27-299(e).

2.

Streets shall not occupy more land than necessary to provide safe and convenient access. Direct vehicular access to streets is permitted only where the street serves fifty (50) or less dwelling units. Vehicular access to other streets shall be so combined, limited, located, designed and controlled as to channel traffic as predicted in the massive plan and in a manner to minimize marginal friction at the boundaries of the project.

3.

Ways for pedestrians shall be a logical, safe and convenient system. Walkways that are likely to be used by large numbers of children shall be located to avoid contacts with normal automotive traffic, with street crossing held to a minimum and, where unavoidable at heavy traffic arterials, pedestrian overpasses shall be provided. Use of interior block walkways, designed as integral parts of common open spaces, are encouraged in lieu of conventional sidewalks. Pedestrian ways, appropriately located, designed and constructed, may be combined with other easements and used by emergency or service vehicles, but not by other automotive traffic.

b.

Internal Road System and Pedestrian Ways

1.

Permitted uses shall not be required to front on a dedicated public street; however, all structures regardless of use, shall be readily and easily accessible to fire, ambulance or other emergency and public service vehicles. If a private roadway system is used within the PCD it shall comply with the criteria for private roadways set forth in Section 23-44; and further, if the PCD is built in phases, a temporary cul-de-sac shall be provided at the end of every roadway within said phase (which said temporary cul-de-sac shall be for fire, ambulance, or other emergency and public service vehicular use until the said private roadway is extended in to the next succeeding phase of development, at which time said temporary cul-de-sac shall be removed).

2.

Pedestrian ways that are incorporated in the plan and that are likely to be used by many persons (especially children) shall be located to reduce street crossings to a minimum and to avoid exposure to automotive traffic. Pedestrian ways, appropriately located, designed and constructed, may be integral elements of common open spaces and may be combined with other easements and used as bicycle paths, access for emergency and service vehicles (but not by other automotive traffic).

3.

The quality of subbase, base and wearing surfaces for private streets, access aisles for parking areas, and driveways shall conform to city standards for streets and off-street parking. The wearing surface, if approved with the PCD, may be grass/block units, brick, tile, flocks, boulders (embedded in concrete), terrazzo, concrete, or other paving material with wearing qualities comparable to asphaltic concrete surfacing required by City standards.

c.

Internal Lot Areas and Requirements: At the time of site development plan approval, minimum lot size, percentage of lot coverage, front, rear and side yard requirements, setbacks and limits on the heights of the buildings within the PCD shall be determined on each application by the City Council within its sole discretion under the purview of this Article. The interior perimeter of the PCD shall be developed in harmony with adjacent development, providing, where uses are not compatible, a friction-free transition by using buffering techniques to screen noise, night-lighting, intense activities and similar friction producing characteristics. Within the PCD, the adjacency of uses shall be designed compatibly, providing appropriate buffers and screening between dissimilar uses.

d.

Buffers: Where the PCD adjoins a single-family residential district without intervening permanent open space at least one hundred (100) feet in width to serve as a separation for buildable areas, the portion of the perimeter of the PCD so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in accordance with all other requirements of such district, provided however, that in lieu of construction, common open space for public park use shall be permitted. Neither noisy nor intensive recreational use nor off-street parking shall be permitted within seventy-five (75) feet of the district boundary in such circumstances.

e.

Landscaping

1.

Landscaping shall be provided for practical and aesthetic functions. Landscaping required hereunder should be related to the general landscaping for the PCD, practical and aesthetically functional. Plant material should be used to accomplish the design objectives of the PCD (defining and intensifying spaces and routes of movement, identifying places); be appropriate for the climate; and functionally appropriate for shade, shelter, height and mass, texture, color and form. Major areas should have distinctive planting schemes using unique type trees, ground cover and paving to give identity to these areas.

2.

In nonresidential PCD's, a minimum of (10) percent of the total area of the site, excluding water, shall be landscaped; provided however, that for each floor of each building on said site which is higher than three (3) floors, an additional one (1) percent of landscaped area shall be added to the basic ten (10) percent requirement. Further, the landscaping required in off-street parking and vehicular use areas shall not be included in this required ten (10) percent open space. At the Council's discretion, art work, art forms, fountains, plazas and sitting areas may be included in the required ten (10) percent open space.

f.

Group Homes: Group homes, licensed or approved by the State, for disabled persons are permitted, in accordance with F.S. 419.001, as amended from time to time. The design of such facility shall be residential in character, harmonious with adjacent and surrounding areas including structure, height and profile, building materials, colors and landscaping. Parking shall be provided in street side or rear yards only on the ratio of one (1) space for each four (4) occupants of the group home. Site plans and floor plans for the proposed group home shall be submitted to the Planning and Zoning Board and the City Council prior to the issuance of a building permit.

g.

Usable Open Space: Usable open space shall be recognized as consisting of both open space that generally is located on site or in the immediate vicinity of a development site which said open space is of direct benefit to the proposed residents, guests and invitees, of the proposed development (hereafter called development requirements), and of additional park sites, the need for which is largely generated by the future residents to be added to a community by such proposed development (hereafter referred to as park requirements). These two (2) forms of open space requirements are not alternative, but rather supplemental in nature.

1.

Development Open Space Requirements: Development open space for a residential PCD may be public or private, but shall be at least thirty (30) percent of the total gross acreage of the PCD. Where the application for PCD approval is a portion of a larger PCD previously approved by the City Council and the application for PCD approval complies strictly with the purpose and intent of the larger previously approved PCD, the required useable open space may lie outside the boundaries of the small PCD upon sufficient assurance, acceptable to the City, that such lands shall be so utilized. (Conversely, should any PCD be approved with an excess of required open space, in conformity to the purpose and intent of the concept development plan for a larger previously approved PCD, then the City may allow credit for all or a portion of such excess open space to be applied toward the open space requirement for a PCD within the larger previously approved PCD). In calculating useable open space, land areas for structures, public and private street rights-of-way, driveways, off-street parking and loading zones, alleys, fire protection vehicular access, and yards and spaces between single-family residential buildings shall not be included, and not more than forty (40) percent of the required open space may consist of lakes, streams, lagoons or other waterways (except that useable open space developed as water-oriented parks, acceptable to and deeded to the City) may have a greater percentage of water surface.

2.

Parks: The park requirement for each development shall consist of the greater or larger land area (to be dedicated or deeded to the City upon the earlier happening of either the platting, if any, or the final site plan approval of the proposed development by the City Council):

i.

Four (4) acres of land per each one thousand (1,000) persons of predicted population of the proposed PCD;

ii.

The acreage required for park purposes by a Development of Regional Impact (DRI) development order issued by government on land located within the City of Plantation; or

iii.

The land area that would be called for by Section 27-49(k), Level of Service Standards for Parks and Recreational Areas.

The areas devoted to park usage shall be maintained and operated to generally conform to the objectives of the City's Master Park Plan. In that regard, active recreation (such as softball, football, tennis and similar noisy and vigorous sports) shall be balanced with tot lots, and passive recreation—such as trails, walks and benches in open spaces enhanced by landscaping and linked in a greenway system, ornamental and wading pools, fountains and vistas, sandboxes, game tables and similar quiet and less vigorous activities.

h.

Density: PCDs shall be based on dwelling unit densities per gross acre and shall conform to the Comprehensive Plan and its density criteria. When application for PCD is for a portion of a developer-applicant's larger holdings, the applicant may elect to allocate densities within such tract consistent with the density objectives of the Comprehensive Plan and the standards and criteria set forth therein.

j.

Utilities: PCDs shall be designed in relation to sanitary sewers, storm and surface drainage systems, and other utility systems and installations so that neither extension nor enlargement of such systems shall be required in the manner, form, character, location, degree, scale or timing resulting in high net public costs or earlier incursion of public costs than would for projects in forms anticipated by the master plan for the area, unless provisions are made to include the required facilities, utilities and services in the project development. In such cases, the costs shall be borne by the owner for private facilities, utilities and services approved by the City Engineer, or for off-setting any added net public cost or early commitment of public funds. Insofar as possible, utilities shall be underground.

k.

Underground Utilities and Services: Within a PCD, all utilities and services, including telephone, television cable, and electrical systems except for primary electrical installation, shall be installed underground. Appurtenances other than fire hydrants and approved electric poles to these systems, which require above-ground installation, must be effectively screened to be exempted from this requirement.

(7)

Other Development Requirements

a.

Lot Coverage: The ground area occupied by any building or structure shall not exceed the following thirty percent (30%):

b.

Setbacks and Yards: Buildings and structures shall not be closer to an exterior property line than a distance equal to one and one-half (1½) times the height of the building, excepting where the property line abuts a public park, playground, public or private golf course, or public parking lot, all not having existing swimming pool(s) or existing habitable building(s) within the one and one-half (1½) times the height of the highest of the two (2) buildings; or where the property line abuts a public or private canal, lake or waterway. Where the property line abuts a public right-of-way or utility easement having a width of forty (40) feet or more, the building shall not be closer to an exterior property line than a distance equal to one and one-half (1½) times the height of the building, except when such requirement is deemed to be unnecessary by the City Council after consideration and review by the PZB because of the particular characteristics of the property requiring that it be given individual consideration with respect to location and relationship to adjoining property.

c.

Minimum Floor Area: The minimum floor area per dwelling unit shall be as follows:

d.

Minimum Lot Area for Single-family Dwellings: The minimum lot area and minimum lot dimensions of detached single-family dwelling lots established within the development shall not be less than two-thirds (⅔) of the normal minimum lot area and minimum lot dimensions of the single-family residential district of equal density in which the lot is located and in the adjacent districts contiguous to the development's boundary lines.

e.

Water Area in a PCD:

1.

Whenever a body of water is determined to be fit for recreational usage by having a depth of at least four (4) feet (and said water does not have an approved bulkhead wall installed), a bank slope not greater than one (1) foot vertical to each four (4) feet horizontal above either four (4) feet above mean sea level or the actual water line, whichever is higher, and two and one-half (2½) feet horizontal to one (1) foot vertical to a depth of two (2) feet below mean sea level or at least six (6) feet below the actual water line, shall be maintained (beyond which depth any slope may be maintained which the natural angle of repose of the soil conditions will bear). In no event, may more than forty (40) percent of the parcel's net open space (not built upon by any permanent improvement, including, but not limited to, buildings, paved parking lots, driveways or interior street systems) be such water areas committed to recreational usage.

2.

In calculating the area of such bodies of water to be submitted for recreational usage, the water surface area shall be determined at either four (4) feet above mean sea level or the actual water line, whichever calculation produces the greater water surface area.

3.

Before any body of water is determined to be fit for recreational usage and is permitted to be calculated as a portion of the required open space area for multi-family dwelling of more than five (5) residential units, evidence must be submitted to the Council that such body of water will be under unified control, will be maintained so as to curtail the growth of noxious surface aquatic weeds and slime, and will otherwise be submitted to a specific recreational usage either for the benefit of the residents of the contemplated development (a private recreational usage) or for the public (a public recreational usage).

f.

Within the City's PRD zoning classifications which have a density greater than five (5) units per acre and within the RM-10N, RM-10Y, and RM-25U zoning districts (which are the City's multifamily zoning districts which require design approval in accordance with the PCD district regulations), where detached one-family dwellings are solely proposed for development, the following site development regulations shall apply, which shall be supplemental to other site development regulations applicable in such districts and which shall control in the event of direct conflict with other site development regulations applicable in such districts:

1.

The minimum setbacks shall be as follows:

^* except for ADUs, where the minimum rear setback is 10 feet and the minimum side setback which may be 7.5 feet in certain cases, as per Table 72-4, Note 2.

2.

Garages will be required without conversions, and the unified control for the property, or a restrictive covenant in the event there is no unified control, will prohibit garage conversions and will allow any property owner within the development to enforce such covenant.

3.

The parking requirement shall be in conformance with Article VIII.

(8)

Approval Procedure

a.

Prior to initiating a petition for rezoning to a PCD zoning district (or submitting any other application for a development permit in an existing PCD), a pre-application conference with the City Engineer, Director of Planning, Zoning, and Economic Development, Fire Chief, or their designees, may be held upon the request of the developer-applicant or their designated agent. The purpose of such pre-application conference shall be to assist in bringing the overall petition as nearly as possible into conformity with these and other regulations applying generally to the land involved and/or to define specially those variations from the requirements of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.

b.

Applications with required supporting data should be filed with the City for processing in the same manner as any other request for a public hearing by the PZB and the City Council.

c.

The following shall be submitted with an application for any development approval subject to the PCD requirements:

1.

Identification of all property owners within the proposed development. Whenever an applicant applies for an approval for development subject to the requirements of this Article, and whenever the regulatory requirements necessary for such approval are dependent upon property not owned by the Applicant being included in the application, the Applicant shall have the responsibility to ensure that all owners of such other property have, in writing, specifically consented to the application, have consented to allocating from their lands the allowances and entitlements necessary to support the Applicant's application on the Applicant's lands, and have consented to memorializing such matters in legal instruments and undertakings as may be appropriate among them. The Applicant shall have the responsibility to assure itself that the specific written consents are duly authorized and executed and enforceable. The requirements of this subsection shall apply to agents of owners who sign applications. The specific written consents do not need to be filed with the application, and may be evidenced by recorded documents which precede the application. An Applicant's signature on the application shall certify to the City that these responsibilities have been fulfilled, as provided in this paragraph. The requirements of this paragraph apply regardless of whether the application is subject to the City's Unified Control requirements. Should the City or a Court later determine that the Applicant did not have the consent of other property owners as required herein, the City may determine that any development previously authorized by such application is not in compliance with this Code, or may take other appropriate action.

2.

An outline master association agreement or other evidence of unified control of the entire area to be developed and documentation satisfactory to the City that the area will remain under a unified control after development.

3.

Prior to the application being reviewed by the Planning and Zoning Board, the application shall identify all areas in which the application does not satisfy the City's development requirements, and shall identify with reasonable specificity each waiver, variation, variance, special exception, use approval, subdivision approval, change of ordinance, or other type of land use or zoning condition precedent, which is necessary for the Applicant to obtain development order(s) authorizing construction of the improvements as reflected in the Applicant's submissions. The application shall also specify in reasonable detail in instance how the application material addresses and meets the relevant evaluative criteria for each such condition precedent.

4.

Such other data and material as this Code, the City Council or Planning and Zoning Board or Staff may require.

d.

A concept development plan shall accompany the application and shall contain the following information:

1.

The title of the project, the name of the required professional planner (a person qualified for full membership in the American Institute of Certified Planners or person registered by the State of Florida as an architect, landscape architect or professional civil engineer), and the developer applicant;

2.

Scale, date, north arrow, and general location map;

3.

Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines, and other existing important physical features in and adjoining the property, as shown on a suitable current aerial photograph;

4.

Plan locations of the different uses proposed by dwelling types, open spaces designations, recreational facilities, commercial uses, other permitted uses, and major pedestrian and vehicular circulation patterns;

5.

Tabulations of total gross acreage in the PCD and the percentage thereof proposed to be devoted to the several dwelling types, other permitted uses, open spaces, recreational facilities, streets, parks, schools and other reservations; and

6.

Tabulations of calculated density by dwelling types and the overall estimated population.

7.

In addition, the Planning and Zoning Board or City Council may require reasonable additional material such as plans, maps and studies which are needed to make findings and determinations that the applicable standards and guidelines have been fully met.

e.

The application and supporting data shall be submitted to the Development Review Committee for its report and recommendations.

f.

After public hearing for rezoning to a PCD usage, the PZB shall make its recommendations and suggested conditions and limitations (if any) to the City Council. In ensuing public hearings, the Council shall consider but not be limited to the following factors:

1.

That the project is so located with respect to arterials or major streets as to provide direct access to said thoroughfares, without encouraging excessive traffic along minor streets in residential districts or areas outside the PCD; that the streets proposed within the project are suitable and adequate to carry anticipated traffic; that pedestrian and vehicular traffic have been suitably separated whenever practicable with the project;

2.

That the proposed PCD is compatible with the surrounding area;

3.

That the proposed PCD meets all requirements for the provision of utility services (such as water, wastewater, storm water, and drainage systems and infrastructure), and other utility systems and installations (including those required for fire suppression) and that construction, extension or enlargement of such infrastructure or systems to service the PCD uses will not require public costs or expense (with the sole exception of increases to utilities plant capacity which is funded in part by the collection of impact fees);

4.

That any waiver of standard zoning requirements serves public purposes to a degree at least equivalent to the general provisions of the ordinance establishing comprehensive zoning regulations and other applicable City ordinances and regulations or the actions, design and solutions proposed, and although not in accord with a literal interpretation with the zoning and other applicable regulations and ordinances, satisfy public purposes to at least an equivalent degree; and

5.

That open space is being provided for the occupants of the PCD according to this Article, that desirable natural features are preserved, that open space linkage from one (1) project to another project is encouraged in accordance with City programs and criteria.

The plans for the project, together with the recommendation of the board, shall be submitted to the City Council for their review and approval. After City Council approval, application may be made for a building permit, upon the satisfaction of any conditions to which the permit may be subject.

g.

In recommending approval for a PCD, the Planning and Zoning Board may recommend and the City Council may attach reasonable conditions, safeguards, and stipulations made at the time of approval, which shall be binding upon the applicant or any successors in interest.

h.

The Planning and Zoning Board in recommending approval of a PCD shall also recommend to the Council for their approval a schedule of construction. Permits for construction shall not be issued except in accord with the adopted schedule. In the case of mixed dwelling types, the schedule shall require that lower density dwellings and higher density dwellings be constructed concurrently, or that at least fifty (50) percent of lower density dwellings be constructed or partly constructed before construction of higher density dwellings is started. Where nonresidential uses are part of the development, the schedule may require that a minimum percentage of residential be completed before construction of nonresidential uses is started.

i.

After granting approval for the PCD the boundaries of the land rezoned to PCD designation shall be recorded on the official City zoning map as provided hereinbefore.

(9)

Site Development Plan

a.

Before an application for a building permit is filed for any proposed development in an area zoned for PCD usage, with the exception of developments for non-clustered single-family residences on platted lots, site development plans for all or portions of the designated areas within the concept plan (previously approved by the City) then to be developed, shall be submitted to the DRC and to the PZB for review and for further processing for the City Council in accordance with development standards and regulations then in effect, providing same does not adversely affect the density allowed when such PCD usage was rezoned. Such site plans, other than the master landscape plan for nonclustered single-family residential lots, shall clearly describe the proposed development and shall be in substantial conformity to the previously approved concept development plan and the applicable conditions incumbent upon the zoning to PCD usage in which the development is to be done.

b.

Contents: The application for approval of a site development plan within a planned community development shall be accompanied by a site development plan prepared by an architect, landscape architect, or civil engineer, licensed to practice in the State of Florida which shall show:

1.

Proposed pedestrian and vehicular circulation system;

2.

Proposed reservations for parks, parkways, playgrounds and other open spaces;

3.

Topography and proposed drainage;

4.

Location, type and extent of all buildings and parking areas;

5.

A tabulation of the total number of acres in the proposed project and the percentage thereof designated for each building type;

6.

A tabulation of floor area by building type and as a percent of the total floor area, and the overall dwelling unit density per net acre; and

7.

All other requirements in Section 27-92(b)(9)(d) below and for a site plan per Section 27-50.

c.

In addition to the above, the proponent shall provide the following:

1.

Identification of all property owners within the proposed development and an agreement of such owners to proceed with the development; and

2.

Evidence of unified control of the entire area to be developed and documentation satisfactory to the City Attorney that the area will remain under a unified control after site development has been completed.

d.

Where necessary to fully describe the proposed development, the Board may require the following additional information:

1.

Plans showing proposed streets, lots, parking, curb cuts, all pedestrian ways, placement of buildings on lots, community facilities, open space location and development, and paving materials;

2.

Drawings or models delineating the three-dimensional character of the proposal in an accurate way, including graphics may be perspectives, sections, elevations, axonometrics or isometrics in any combination or at any scale that is suitable for communicating the materials and character of the proposal; colors, textures and materials for exterior finishes shall be indicated and once exterior elevations are approved, structural changes may not be made without prior City Council approval; and

3.

Landscaping plans depicting existing and proposed vegetation, their locations, types, initial and mature sizes, and the fences, walls, planting screens, locations, heights and materials, indicating the system for the irrigation of landscaping, in conformance with Article X; and

4.

Tabulations analyzing the number of total gross acres in the site development plan and the percentages thereof proposed to be devoted to the several dwelling types, nonresidential uses, off-street parking, off-street loading, streets, usable open space, recreation areas, parks, schools and other reservations; and

5.

Tabulations of total number of dwelling units in the project by type and the calculated population for each type, and the calculations for the overall population per gross acre.

e.

The Board shall hold a public hearing and review the plans as to compliance with the conditions incumbent on the land by the zoning to PCD usage, site planning, buildings, amenities, landscaping and aesthetic considerations intended by the requirements of this section. The plans with the recommendations of the Board shall be submitted to the Council for its review and approval.

f.

Prior to recording a final plat, or replat if applicable, pursuant to the subdivision regulations, the developer shall file, as specified at the time of approval of the PCD, deeds for land dedicated to the City and a legally constituted maintenance association agreement, when appropriate, for improving, perpetually operating, and maintaining the common facilities, including private streets, private drives, parking area(s), private open spaces and private recreation facilities together with certificates of public liability insurance to defend, indemnify and save harmless the City, to the extent permitted by Florida law, from any and all claims, liability, losses and causes of action because of bodily injury or death occurring on private common facilities with coverage amounts not less than one million dollars ($1,000,000.00) for injuries, including accidental death to any one (1) person and subject to the same limits for each person, and in amounts not less than one million dollars ($1,000,000.00) on account of one (1) occurrence; or the Applicant shall file such documents as are necessary to show how the said common areas are to be improved, operated and maintained. Such documents shall be subject to the approval of the City Attorney.

(10)

Construction Phasing: Public improvements and required usable open space which are shown on the approved site development plan, or the final plat for non-clustered single-family lots, must proceed proportionately to the construction of residential uses as established as a condition of approval. The developer-applicant shall furnish a performance bond, or meet such other conditions established by the City, sufficient to secure to the City the satisfactory construction, installation and dedication of all uncompleted required public improvements and private common facilities. Where the developer-applicant wishes to develop and record the final plat in portions according to the phasing of construction, performance bonds, or other conditions established by the City, for each portion are applicable and shall be in such form and terms as approved by the City Attorney.

(11)

Plan Changes: Approved site development plans for an approved PCD may be changed subject to the same procedures as required for new applications. The City Council may, without requiring a new application, authorize Staff approval for minor changes to approved site development plans that pertain to location, types and configuration of buildings, landscaping and similar changes when the full character and intent of the approved site plan is not violated.

(12)

Nonavailability of Equitable Estoppel: In reviewing applications for approvals contemplated herein for PCDs, the PZB and City Council shall determine each such application on its own merits, under the then existing criteria set forth herein; having due regard to the impact of such development upon the then existing Comprehensive Plan and the then existent community of Plantation. However, at the time of approval of any PCD that is to be developed in phases, the City shall designate which phase or phases shall be subject to automatic subsequent review. As to those such phases subject to automatic reviews, the defense of equitable estoppel shall not be available to the applicant or their successor in interest as to those phases until such time as such reviews has been concluded. As to those phases not designated as subject to such reviews, the owner may avail himself of any appropriate defense in law or equity as to which he may be otherwise entitled.

(13)

Building Permits: Building permits or certificates of occupancy or zoning compliance shall not be issued in or for development in a PCD except in conformity with all provisions of the approved PCD and plans submitted under these zoning regulations and any other applicable codes, under such conditions as to assure access to such permitted construction to all governmental inspections.

(14)

Commonly-owned and Commonly-maintained Facilities: The City Council shall be entitled on a conditional use basis to permit the common ownership and maintenance of private roads, off-street parking facilities, kiosks, guardhouses and other similar commonly owned and maintained facilities identifiable to a business development neighborhood or community on a conditional use basis where the Council deems same appropriate, without requiring the rezoning of the underlying land to a PCD, so long as the landowner submits to all of the review procedures, site development plan requirements and unified control documents to assure the maintenance of such private facilities as set forth and codified within this Article.

(15)

Compliance: General application zoning ordinances, and all regulations regarding parking, landscaping, signs and similar regulations, shall apply to PCD districts unless specifically excepted by this Article.

(16)

Conflicting Provisions

a.

The City Council has the prerogative of approving at the time it grants a zoning decision a practical difficulty hardship from any mandatory provision contained in any of its ordinances, adopted codes, or this subsection. as amended, which:

1.

does not directly relate to the health or safety of the citizenry of Plantation; and,

2.

relates to the physical site development of the parcel proposed to be developed, a separation requirement, or a concentration requirement.

b.

Examples of legal provisions for which a practical difficulty hardship are not available because they directly affect the health or safety of the citizenry of Plantation include, but are not limited to:

1.

Minimum design and construction criteria and standards for the use of public and private streets and driveways (including the FDOT Roadway and Traffic Design Standards, the Manual on Uniform Traffic Control and Devices, and the Institute of Transportation Engineers (ITE) Trip Generation Manual);

2.

The Florida Building Code;

3.

The City's Fire Prevention Code (including Chapter 8);

4.

The City's Flood Plain Management and Stormwater Management Codes (Chapter 9);

5.

The City's Utilities Code (Chapter 26); and

6.

Other ordinance provisions which reasonably ensure that a development does not adversely impact law enforcement, fire suppression, emergency medical rescue capability, and disaster response and recovery efforts or capability.

There is a difference between issuing a practical difficulty hardship for mandatory provisions in the ordinances, adopted codes, or this Chapter 27 that meet the requirements of (1) above, and how determinations concerning the outcome of the application of such provisions are made or may be addressed. It is not the intent of the City in enacting this provision to affect how determinations concerning such outcomes are made or may be addressed.

Examples of legal provisions which do not affect the health or safety of the citizenry of Plantation include, but are not limited to: a mandatory landscape requirement, a landscape buffer zone contained within the City's comprehensive landscape ordinance, a building setback requirement, the amount of off-street parking required, or an application submittal requirement.

c.

Whenever the City Council is specifically requested to approve a practical difficulty hardship of an ordinance provision as part of its zoning decision, this Section shall apply in the event the Code does not otherwise establish any standards and criteria which are specifically applicable to the specific type of relief sought. For example, special exceptions to the City's sign code are covered in Article IX of this Code, and therefore are not subject to the provisions of this Section.

d.

Whenever the City Council grants a practical difficulty hardship under this Section, it shall consider the criteria set forth in Section 27-52(g)(2).

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2024-002, § 3(Exh. C), 3-6-2024; Ord. No. 2024-012, § 1(Exh. A), 10-23-2024; Ord. No. 2025-010, § 12(Exh. K), 11-5-2025)

(a)

Overlay Districts: These districts are intended to provide for detailed regulations not addressed by the underlying district which are raised by specific concerns such as neighborhood conservation, environmental and natural resource protection, economic development, floodplain protection, airport safety and community revitalization. The uses within these overlay districts and their geographic boundaries shall be as provided for by the specific district. These districts may be applied to any land use plan category on the City's land use plan map, however; the application of these districts shall not be in conflict with the underlying land use plan permitted uses.

(b)

SPI-1 Plantation Acres Rural Overlay District

(1)

Purpose and Intent: The Plantation Acres Special Public Interest Overlay district is of special and substantial public interest because of the need to develop and redevelop Plantation Acres by reason of its environmental constraints, its intended rural development under Broward County criteria prior to its annexation to the City of Plantation, and its life-style unique in the City of Plantation. This district has attributes which should be preserved while protecting the health, safety and welfare of the residents of Plantation Acres.

The intent of this Article is to coordinate the Plantation Acres Improvement District (PAID) development of drainage with the existing and proposed road network appropriate for access to the land uses, public purposes, unique requirements of vehicular and equestrian traffic, and the required health, sanitary and fire protection systems; yet the purposed intent is to protect the amenities of broad open spaces, natural landscape and rural characteristics of Plantation Acres, the only City district in which the predevelopment environment of the land can be discerned and appreciated.

(2)

Boundaries: The District is bounded on the east by Hiatus Road West (i.e., Old Hiatus Road), on the south by the North New River Canal and State Road 84, on the west by Flamingo Road, and on the north by the City limits of Plantation and the City of Sunrise. The SPI-1 district consists of three (3) Subareas:

a.

Subarea A is the area of the SPI-1 district lying north of Northwest 21st Court;

b.

Subarea B is the area of the SPI-1 district lying between Northwest 21st Court and Southwest 3rd Street; and

c.

Subarea C is the area of the SPI-1 district lying south of Southwest 3rd Street.

(3)

Traffic Circulation

a.

The regional transportation network shall be determined by Broward County as designated on the Broward County Trafficways Plan, and shall be developed as described in the Trafficways Plan, as amended from time to time.

b.

Existing, local paved streets having pavement eighteen (18) feet or more in width are acceptable, but all new pavement shall follow current City design standards.

c.

Local streets in Subarea A and Subarea C shall conform to the approved transportation network, and shall be constructed to the appropriate standards described in Chapters 23 and 20, Article IV.

d.

In Subarea B, the land owners, or unified control agencies organized as described in Sections 20-1, 23-107, and 27-299(e), unified control may construct private roads according to the provisions of Section 23-107, Road Specifications for Plantation Acres.

e.

Road maintenance program for public roads and streets is the responsibility of the appropriate governmental agency.

f.

Road maintenance for private roads on easements is the responsibility of the owners or unified control agencies, as the case may be.

g.

Every lot or parcel shall be served from a publicly dedicated street; provided, however, that a developer may retain as private a local street or a collector nontraffic way street if the following conditions are met:

1.

Public right-of-way is not required in order to serve adjacent development that is existing or projected on the master land use plan.

2.

That unified control is established according to the provisions stated in Section 27-299(e) Unified Control.

3.

Public collector streets comply with all regulations for the public collectors.

h.

Where the development borders on or contains a right-of-way for an expressway, drainage canal or waterway, a street may be required approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land.

i.

Reserve strips, controlling access to streets, shall be prohibited unless dedicated to the public.

j.

New half or partial streets or roads shall not be permitted unless the half or partial street constitutes adequate public access to the development as determined by the City Council. Whenever a tract borders on an existing half or partial street or road, the other part of the street or road shall be dedicated within such tract.

k.

A developer shall be required to construct or bond for the construction of those roadway and drainage improvements on property adjacent to the proposed development necessary to adequately connect the new development to the existing adjacent street system, as determined by the appropriate agency, whether Planation Acres Improvement District, the City of Plantation, or both.

l.

Lighting shall be placed according to criteria and recommendation of the most current version of the "Manual of Uniform Standards for Design, Construction and Maintenance (Florida Greenbook)". Roadway and street lighting shall be provided at intersections of public roadways and streets at those places on public roadways and streets determined by established criteria for lighting based upon the frequency of congestion of vehicular and/or pedestrian traffic, pedestrian crossings or schools, places of worship, bus stops or other such pedestrian or bicycle generators, high density land use and business areas; criteria based upon analysis and investigation; and based upon accident history; according to the determination of the Public Works Department as part of the City's capital improvement program. Where intersections already exist, impact fees shall fund the program, if applicable, or, where the intersection is part of a proposed development, the developer will pay for the installation of the lighting.

m.

Lighting of public and private roads and streets may be installed upon approval of the Public Works Department by any property owner or unified control agency for purposes of roadway safety and/or illumination for crime reduction if the following conditions are met:

1.

That proposed lighting plan is prepared by a Florida registered electrical or illumination engineer experienced in street lighting.

2.

That the proposed lighting is compatible with the existing lighting installations to those of other streets in the area and the street lighting contemplated in the rest of Plantation.

3.

That fees for review, construction permit and inspections be paid by the proponent.

4.

The cost of the installation shall be paid by the proponent. At the discretion of the city such lighting may be connected to the public system of street lighting, when such lighting is near public street rights-of-way, and the cost of electricity paid by the City.

n.

The requirements for mowed yards in the City shall not be enforced in Subarea B. Here, the City will mow weeds and growth objectionable to visibility and appearance along the public street rights-of-way (within rights-of-way) and to distance approved in Chapter 23. Weeds and objectionable growth will be mowed along private streets and roads by the owners or unified control agencies as the case may be. Where there is failure to mow private streets and roads, the City will mow the rights-of-way and intersections and back-charge owners of the private roads or unified control agencies as the case may be. The owners of the private road may contract mowing service from the City.

(4)

Water, Sewer and Fire Protection

a.

Since Plantation Acres is a floodplain area, there will always be a risk for self-sufficient developments where water resources and waste water disposal occupy the floodplain. It is prudent for the City to exercise rigid control of potable resources and distribution.

1.

Only in Subarea B will the use of onsite wells and septic tanks with drainage fields be permitted on the site and only if the site is used by a single family and is at least thirty-five thousand (35,000) square feet in net plot area. Both potable water and waste water must be approved by the county health department before the City will issue a building permit.

2.

Potable water in Subarea A and Subarea C shall be made a part of the public water distribution systems expeditiously when feasible as a continuing capital improvement program and funded as described in Sections 26-46 et seq. and 26-146, in which those who benefit and pay for water distribution capacity, contribute-in-aid-of-construction with reimbursement for contributors who pay for oversized facilities in the construction.

3.

Waste water disposal in Subarea A and C shall be made into public systems according to the Municipal Code as soon as the development of the Broward County System becomes usable, and if and when required by the Broward County Health Department.

b.

Along with the distribution of potable water is the simultaneous provision of water for fire protection. In Subareas A and C the size of water supply mains shall be adequate for the fire flow and hydrant spacing described in Chapter 26. In Subarea B, where water supply mains are not available, adequate water sources shall be provided, by the owner or owners of the properties to be served, having assured adequate fire flow based on the flow described in Chapter 26, in accessible locations approved by the Fire Department.

(5)

Subdivisions and Plantation Acres Unless specifically stated in the preceding sections of this division all requirements in Chapter 20, Article IV are applicable for Subareas A, B and C of the SPI-1 district provided, however, that the City Council may in its discretion and by resolution, require or permit the construction of various municipal and developmental features to support the intent of the SPI-1 district.

(6)

Vehicle screening in Subarea B of the SPI-1, Horse trailers located on property zoned RS-1EP and located in Subarea B may be parked in side or rear yard areas, without being reasonably screened or obscured from view as otherwise required by Section 25-45(b). In addition, owners of horse trailers that exceed fourteen (14) feet in height need not apply for and receive a screening permit as otherwise required by Section 25-45(c). A horse trailer is any trailer or vehicle that is utilized to transport horses which is equipped with vents in the top, windows, feed doors, feeding troughs and hay buckets, and which has a floor made of wood or made of metal with mats. Horse trailers generally have gates within the trailer or vehicle.

(7)

Definitions: The following words when used in Section 27-93(b) shall have the meanings ascribed to them in this Section:

Net Plot Area: means the area contained within the boundary lines of a plot excluding easements or fee simple grants or dedications of rights-of-way for public or private roads. This definition was implemented on March 1, 2007.

From and after March 1, 2007, if either of the following conditions exist such that a plot does not meet an applicable minimum area requirement as a stand-alone parcel when applying the definition of "net plot area" in the first sentence above, then "net plot area" shall have a different definition:

a.

The plot is a lot of record as of March 1, 1989 (as defined in the Broward County Administrative Rules Document and Plan Implementation Requirements of the 1989 Broward County Comprehensive Plan, as amended from time to time), receives plat or site data record approval by the City Council on or before March 1, 2015; or

b.

The plot is bounded on its sides (or sides and rear if the subject plot is a corner plot) by lots of record (as defined in subsection (a) above), platted lots, or approved site data record lots, all under different ownership as of March 1, 2007 and the date of the plot's application for plat or site data record approval; or

c.

The plot is specifically delineated as a lot on a plat recorded after June 4, 1953 and approved by the City Council on or prior to March 1, 2007, where no portion of such plot has been subsequently re-platted or received subsequent site data record approvals by the City Council; or

d.

The plot is specifically delineated on a site data record approved by the City Council on or before March 1, 2007, where no portion of such plot has been subsequently re-platted or has received subsequent site data record approvals by the City Council.

In cases where the preceding sentence applies, "net plot area" shall be the area contained within the boundary lines of such plot, increased by that portion of exterior and adjacent easements or fee simple grants or dedications of rights-of-way for public or private roads, electric transmission utilities, or canals or canal maintenance, which were part of the chain of title of the parcel from which the plot is derived at any time between January 1, 1980 and March 1, 2007, and which would, if vacated or released, become owned by the owner of the plot under principles of law.

Specifically delineated: means a lot or parcel or site which has been specifically delineated in a plat or site data record is one which can be described solely by reference to such plat or site data record and one (1) or more identifying numbers such as a lot number or site number. For example, site 5 of Plantation's site data record is a specifically delineated plot; whereas, a description such as "the north 300 feet of lot 5" or "the south one-half of tracts 6 and 7" are examples of plots that are not specifically delineated. This definition is intended to be consistent with the Broward County Administrative Rules Document in effect as of March 1, 2007.

(c)

SPI-2 Plantation Gateway Special Public Interest Overlay District

(1)

Purpose and Intent: The Plantation Gateway Special Public Interest District, a Local Government Safe Neighborhood Improvement District, established by City ordinance, herein, as the "Gateway District", is of special and substantial public interest because of the need to develop and redevelop the State Road 7 area. This area shall serve as a principal entry into the City, and as an important community service and business area. The Overlay regulations for this district are intended to stabilize and improve property values while at the same time, protecting the capacity of State Road 7 as a major carrier of large volumes of both regional and local traffic. The Overlay district includes lands enjoying a Commercial and Community Facility Comprehensive Plan Future Land Use Designation. The Commercial zoning districts within the Overlay district will create zoning regulations to promote the goals and purposes set out in the City of Plantation Comprehensive Plan, the Carr Smith Corradino Concept Plan approved by the City Council on February 24, 1999, and other ordinances and plans adopted to promote the development and redevelopment of the State Road 7 area. Coordination of the efforts of public agencies such as the Florida Department of Transportation, Broward County or the City of Plantation and private enterprise in the improvement and renewal of the Plantation Gateway special public interest Overlay is encouraged and desired.

(2)

Boundaries: The boundaries of the Gateway District are hereby confirmed as set forth on Exhibit "1" of Ordinance No. 2290, and are generally described as follows:

Generally bounded on the north by municipal boundaries of the City of Plantation less properties lying within the West Broward Church of God Plat, according to the plat thereof, recorded in Broward County Plat Book 138 at Page 73, the Lauderhill Sunrise East Plat, according to the plat thereof, recorded in Broward County Plat Book 61 at Page 44; and the Universal Tract Plat, according to the plat thereof, recorded in Broward County Plat Book 78 at Page 18; on the east and the south by the municipal boundaries of the City of Plantation; and on the west, north of Sunrise Boulevard, by Northwest 47th Avenue and including the property lying within the Shell Sub No. 2 Plat, according to the plat thereof, recorded in Broward County Plat Book 71 at Page 40, on the West, South of Sunrise Boulevard by Northwest 9th Drive to the South line of the Lisa Plat, according to the plat thereof, recorded in Broward County Plat Book 71 at Page 43, and the extension Eastward of said line to the South line of the Jacqueline Plat, according to the plat thereof, recorded in Broward County Plat Book 102 at Page 12, by Northwest 46th Avenue to Northwest 8th Street, on the West, South of Northwest 8th Street by the West lines of the 2300 Plat, according to the plat thereof recorded in Broward County Plat Book 144 at Page 18, the Plantation East Plat, according to the plat thereof, recorded in Broward County Plat Book 167 at Page 21, the Landmark Plat, according to the plat thereof, recorded in Broward County Plat Book 70 at Page 14, the Kingston Towers First Addition Plat, according to the plat thereof, recorded in Broward County Plat Book 63 at Page 14, the Replat of a portion of Kingston Towers, according to the plat thereof, recorded in Broward County Plat Book 65 at Page 46, the Plantation Medical Center Plat, according to the plat thereof, recorded in Plat Book 61 at Page 13, the Plantation Professional Properties Plat, according to the plat thereof, recorded in Broward County Plat Book 62 at Page 10, and by Northwest 42nd Avenue to Broward Boulevard, and on the west, south of Broward Boulevard, by the commercial property fronting on Broward Boulevard between Southwest 44th Avenue and Bryan Boulevard, and including property fronting on State Road 7 between Broward Boulevard and Peters Road, and fronting on Peters Road between State Road 7 and Southwest 46th Avenue (in matters of district boundary interpretations the map shall prevail).

(3)

Definitions: For the purposes of this subdivision and the application of other sections of this Article within the Plantation Gateway District, the following definitions shall be controlling:

a.

Building Setback means that area measured from the ultimate right-of-way line as determined by the Broward County Trafficways Plan or for those properties served by a frontage road, the edge of the dedication or easement area associated with the frontage road, and the front of a building or structure and any projections therefrom, exclusive of uncovered stairways.

b.

State Road 7 Right-of-Way means that area contained within a line drawn sixty (60) feet from each side of the center line of State Road 7.

c.

Trafficways Corridor means that area so depicted and described on the Broward County Trafficways Plan.

(4)

Site Development: The lots within the District are typically too small to accommodate the dimensional demands of current commercial, office, or residential development. Therefore, the following site design standards have been developed to facilitate development and redevelopment within the District.

a.

Additional Front Setback: The following additional front setback requirements shall apply to property located within the District:

1.

Gateway B-AM Auto Mall District: For those properties located adjacent to west side of State Road 7, the first 10 feet abutting the west right-of-way line shall be a buffer zone, the next 20 feet shall be devoted to parking or a building or structure, the next 30 feet shall be a two-way road to provide vehicular traffic, the next 20 feet shall be devoted to parking or a building or structure, and the next 10 feet shall be used as a cement sidewalk which shall be continuous across the property. Cantilevered construction may project from a building over the full width of the sidewalk if the vertical clearance is not less than 12 feet. Cantilevered projection with vertical clearance from 9 to 12 feet is permitted provided the projection is a minimum of 3 feet from the road edge of the sidewalk.

2.

Gateway B-HCS Healthcare Services District: For those properties located adjacent to west side of State Road 7, the first 10 feet abutting the west right-of-way line shall be a buffer zone, the next 20 feet shall be devoted to parking or a building, the next 30 feet shall be a two way road to provide vehicular traffic, the next 20 feet shall be devoted to parking or a building, and the next 10 feet shall be used as a cement sidewalk which shall be continuous across the property. Cantilevered construction may project from a building over the full width of the sidewalk if the vertical clearance is not less than 12 feet. Cantilevered projection with vertical clearance from 9 to 12 feet is permitted provided the projection is a minimum of 3 feet from the road edge of the sidewalk.

b.

Structures and Site Amenities within the Front Yard Buffer Zone: Permitted improvements in front setbacks shall be limited to:

1.

Open pedestrian plazas, pedestrian furniture;

2.

Landscaping, potted plants, planter boxes;

3.

Driveways and sidewalks (crossing the setback area);

4.

Lighting;

5.

Ground signs;

6.

Bike racks;

7.

Bus shelters; and

8.

Drive aisles providing for north-south access at the northwest corner only.

c.

Corner Lot Yards: Corner lots shall provide the minimum front yard requirements for each abutting street.

d.

Outparcel Buildings: Development of out parcels created pursuant to the regulations contained herein shall be evaluated in terms of the overall development within which it is located. Access to the out parcel shall be provided from the overall development. All landscaping, parking, and open space requirements of the applicable subdistrict shall be satisfied on-site unless otherwise provided for within the overall development; the developer shall submit appropriate documents ensuring compliance.

e.

Parking: The City recognizes that the market conditions sometimes cause actual use of property to deviate from planned use. Occasionally, a particular use mix is such that there exists actual, excess onsite off-street parking in mixed use sites which can accommodate a new use or a use expansion though such new use or use expansion would be otherwise prohibited by Code. In an effort to encourage redevelopment in the Gateway District, the City permits the property owner to propose a parking plan with an associated analysis that accommodates proposed parking for all potential uses for the subject property as per Article VIII. When overflow parking is permitted within the public easement or dedication, with appropriate indemnity, license and insurance approved by the City, the design and construction of parking and service drives shall provide continuity of circulation and cross-access easements to adjoining property to assure smooth flow for internal traffic movement within the block.

f.

Off-street Loading: Off-street loading and unloading facilities should be located in areas that will create the least adverse impact on adjacent land uses, particularly residential, in terms of noise, air and visual pollution. Loading activities shall not commence before 6:00 a.m., nor continue past 9:00 p.m. any day of the week.

g.

Rights-of-Way and Easements: The uses which may be permitted in the dedication or easement area are limited to overflow parking, marginal service roads, cross-access roads, entry drives, nonessential landscaping, drainage facilities and structures, and signs. The perpetual revocable license agreement form shall be approved by City resolution. Once the form is approved, a separate resolution is not required each time the form license agreement is used. The essential terms of the license or permit agreement will be that the items installed pursuant thereto will be subject to removal by the private property owner (if the land within the trafficways corridor where the use is desired is owned by such owner), owner of the servient estate (if the land where the use is desired is subject to a governmental easement within the trafficways corridor), or the abutting private property owner (if the land where the use is desired is owned by a governmental agency or entity, is within the trafficways corridor, is not presently configured for public use, and the governmental owner consents to the desired interim use,) with no compensation once the dedication or easement area is taken or otherwise converted or configured for its intended purpose.

h.

Buffers: Property that directly abuts a residentially zoned property or district or lot designated for residential use on the Comprehensive Plan shall be separated by a continuous unpierced masonry or concrete wall six (6) feet high finished on both sides and a perimeter landscape buffer in accordance with Table 255-1.

i.

Accessory Uses and Structures: An accessory building or structure shall not be of greater height than a principal building on the same lot or parcel.

j.

Building Design: All buildings that front on State Road 7 shall be designed in scale and appearance similar to commercial or retail buildings. Roll down garage or loading doors shall not be visible from the street and buildings shall have architectural treatments and facades that result in building elevations that provide articulation rather than a box-like form and massing.

k.

Exclusions from Height Limitations:

1.

Cupolas, steeples and domes not exceeding in gross area at maximum horizontal section thirty (30) percent of the roof area, and flagpoles or chimneys may exceed the permissible height limit in any district by twenty-five (25) percent.

2.

Parapet walls may extend above the allowable height of a building only to the extend needed to effectively screen roof-top mounted equipment.

3.

Cornices, eaves or gutters may project over one-third (⅓) of the required yard with a maximum of five (5) feet; provided, that where the yard is less than five (5) feet in width, such projections shall not exceed one-half (½) the width of the yard.

4.

Chimneys, fireplaces or pilasters may project no more than two (2) feet into a required yard.

5.

Movable awnings may be placed over doors or windows in any required yard, but such awning shall not project closer than three (3) feet to any plot line or not over five (5) feet into the setback area.

l.

Outdoor Displays: Outdoor retail displays are permitted subject to the following:

1.

must be located adjacent to the building containing the main use on property owned or leased by the business conducting the main use; displays are not permitted public rights-of-way, except when part of an approved special event;

2.

the area occupied may not exceed five (5) percent of the square footage of the interior tenant space that contains the main use;

3.

the City may require the removal or modification upon written order, when such displays prevent or impede adequate ingress and egress for emergency purposes; and

4.

approval by the City of the area, the type of materials displayed, and the manner in which the materials are displayed.

(5)

Nonconformities within Plantation Gateway

a.

Purpose and Intent: Within the Gateway District are properties which have conforming uses (i.e., uses that are listed as a permitted use or as a permitted conditional use in the zoning regulations that apply to the property) but nevertheless do not conform with existing physical site development regulations such as open space, landscaping, setbacks, lot coverage, or parking (herein, "nonconforming property"). Some of these properties became nonconforming property after additional right-of-way was acquired by the Florida Department of Transportation for the State Road 7 corridor and some of the properties are nonconforming property because of other reasons, such as redevelopment over time. This section establishes provisions that regulate the conditions under which these nonconforming properties may be used and occupied, and which regulate the conditions under which properties which have nonconforming uses may be used and occupied.

b.

General Rules:

1.

In enacting City Ordinance Nos. 2022 and 2187, the City established a procedure within which persons interested in nonconforming property within the district could apply for, receive, and implement a certificate of conformity so as to obtain authorized deviations from the City's otherwise applicable, then existing regulations pertaining to setbacks, landscape buffer width along State Road 7, business sign locations, off-street on-site parking requirements for the existing use at the time of application, and building coverage requirements. If a certificate of conformity has not been timely received, executed, confirmed as effective, and implemented, then those nonconforming properties which lost land area as a result of the State Road 7 corridor expansion have expanded or enlarged or increased the extent of their nonconformity with City law and are thereby and hereby no longer permitted to continue to be used and occupied unless compliance is obtained with this section, as required by this Code.

2.

All nonconforming property within the District which has timely received, executed, had confirmed as effective, and implemented (or still may implement) a certificate of conformity is hereby no longer permitted to be used and occupied unless compliance is obtained with this section, as required by this Code.

3.

All nonconforming property within the district which was not made nonconforming as a result of the expansion of State Road 7 or which could not apply for a certificate of conformity pursuant to City Ordinance Nos. 2022 and 2187, is hereby no longer permitted to be used and occupied unless compliance is obtained with this section, as required by this Code.

4.

Except as provided in paragraph 5 below, all property in the District which does not meet the requirements set forth in this section, is hereby no longer permitted to continue to be used and occupied unless compliance is obtained with this section as required by this Code.

5.

Property used for the sale and lease of used motor vehicles, as defined in City Ordinance No. 2165, shall continue to be subject to such ordinance and shall not be required to comply with this section, unless the condition specified in paragraph (c)(i)a. occurs, or there is a change in a building's classified group of occupancy pursuant to the Florida Building (or successor) Code, or the use of the property for the sale and lease of used motor vehicles is no longer the site's principal use or is discontinued.

c.

Applicability of Law:

1.

This section applies to property which is "redeveloped" within the District. For purposes of this section, the word "redeveloped" means:

i.

A change in specific use, regardless of whether the new use is a permitted use within the applicable zoning classification; or,

ii.

A change in tenant or ownership with no change in specific use, but where permits are required pursuant to the Florida Building Code, or successor code, for interior alterations to a building to accommodate a new tenant or owner, where such permits (individually or cumulatively after the effective date of the ordinance creating this section) affect or occur within floor space of more than thirty (30) percent of the gross leasable square feet of the building; or,

iii.

Construction or reconstruction to a building site where the construction does not involve a change of the gross square feet of the building by adding stories or a change to the building footprint (such as, for example, repaving and marking drive aisles and parking areas, creation of new landscape areas, changing means of site ingress and egress, or doing other work not specified in the preceding but which has a value or cost in excess of five thousand dollars ($5,000.00)); or,

iv.

Any construction or reconstruction of a building's exterior elevations which does not change the gross square feet of the building by adding stories or altering the building footprint; or,

v.

Any construction or reconstruction of a building which does change the gross square feet of a building or alter a building footprint but which is approved by the City as undertaken pursuant to implementing a valid, not expired, certificate of conformity; or,

vi.

The passage of time such that the date is after January 1, 2002 (or such later date as is established by a specific City resolution extending such date) for all parcels of property within the district which have decreased in size after January 1, 1994 as a result of the widening of State Road 7 or the intersections thereof with Sunrise Boulevard, Broward Boulevard, Peters Road, or Davie Boulevard; or,

vii.

The passage of time such that the date is after January 1, 2004 (or such later date as is established by a City resolution specifically extending such date).

2.

Regardless of whether a property is "redeveloped" as defined above, in the event any building on a property is altered so as to change gross square feet of the building by adding stories or change the building footprint, except such alterations as are undertaken pursuant to city approval as implementing a valid and not expired certificate of conformity for a use which is not a nonconforming use, then the City's other land development regulations will apply and the required enhancements as set forth in this section shall not apply.

3.

Nonconforming uses of property are defined for purposes of this section as a principal use maintained on the property which is not listed as a permitted use or a conditional use in the zoning district use regulations that apply to the property, or which, for some reason other than the building site not complying with applicable physical site development regulations, could not be newly commenced on the property (e.g., a distance limitation from a similar use). Except as provided in the next sentence, whenever a property being used for a nonconforming use experiences redevelopment as defined in subsection (c)(1) above, the building site must be made to conform with the requirements set forth in paragraph (e)(2) below. For nonconforming uses, in the event any building is altered to change the gross square feet of the building or change the gross square feet of the building footprint, including such alterations as are undertaken pursuant to City approval as implementing a valid and not expired certificate of conformity, then the City's other land development regulations will apply and the required enhancements as set forth in this section shall not apply.

d.

Code Violation: It shall be a violation of this Code for redevelopment as defined above to occur without the required enhancements being constructed as set forth in this section. Property shall not be used, occupied, maintained, or redeveloped in violation of this section.

e.

Enhancement Requirements/Authorized Waivers

1.

In General: All nonconforming property within the District upon which redevelopment as defined in this section has occurred shall comply with the following minimum enhancement requirements (thereby receiving a waiver of otherwise applicable lot dimension, lot coverage, setbacks, open space, landscaping, parking, and physical site development requirements) and shall install improvements upon such property so as to comply with such enhancements, upon the City finding that the measurable standards and criteria in subsection (f)(3) have been met. The required enhancements and deviations are set forth in subparagraphs i and ii of this paragraph.

i.

Required Enhancements for Nonconforming Properties: Refer to Table 93-1

TABLE 93-1

ii.

Special rules for enhancements for nonconforming property seeking to implement a certificate of conformity: The City will to the greatest extent reasonably possible, seek to allow implementation of improvements reflected in the certificate of conformity and consistent with the City's approval thereof between the building (as same may be altered as demonstrated by such certificate) and State Road 7, or in areas of the site where access cuts to other adjacent right-of-way were planned or approved. All other areas of the site, however, shall comply with the enhancement requirements set forth above.

2.

Nonconforming Uses: All property in the District which is used for a nonconforming use and upon which redevelopment occurs shall not be able to utilize the enhancements set forth in paragraph (i) above. Any property in the District which is used for a nonconforming use and upon which redevelopment occurs shall comply with the City's then existing development regulations for right-of-way and perimeter landscape buffer requirements, vehicular use area landscape island and island count requirements, LPZ requirements, drive aisle width requirements, signage requirements, and perimeter wall requirements, if any. Compliance with the foregoing requirements shall be the required enhancements for these properties. Installing the required enhancements as required by this section shall not affect the status of the use as a nonconforming use or create any vested rights or otherwise constitute or form the basis of an equitable estoppel to future, additional site improvements being required of these types of uses. The provisions of subsection (f) shall be applicable to these properties.

f.

Procedure

1.

Submission of Application: A property owner who proposes to redevelop the property shall submit an application requesting site plan review under the Plantation Gateway Enhancement Guidelines to the Planning, Zoning and Economic Development Department. Review of the application shall be conducted in accordance with the City's trust account system, and the amount of the initial trust account deposit will be determined by the Director. The application shall be subject to the requirements of Section 27-50, including a determination of sufficiency.

2.

Development Review Committee: The DRC shall review the application in accordance with this section and all other applicable standards and criteria in this Code. The Director shall require review and comment from any affected discipline on the development review committee prior to administrative approval of any site plan requesting utilization of the Plantation Gateway Enhancement Guidelines. After receiving the DRC and other affected discipline advisory comment, the Director shall then approve or deny the site plan. The Director (along with the City's Environmental Landscape Division) shall have the power to waive landscaping enhancements set forth in paragraph (e)(1) above after considering criteria set forth in paragraph (f)(3) below, provided however, that the Director and Landscape Division Supervisor shall not have the authority to waive more than thirty (30) percent of the landscape enhancement guidelines as measured on a square foot basis. The Director/Environmental Landscape Division shall have the power to waive landscaping enhancements set forth in paragraph (e)(2) above after considering criteria set forth in paragraph (f)(3) below, provided however, but shall not have the authority to waive more than ten (10) percent of the landscape requirements set forth in paragraph (e)(2) as measured on a square foot basis, and provided further, that in no event will such waiver result in less landscaping than is required by the most recent development order for the site.

3.

Administrative Approval of Site Plan Utilizing the Plantation Gateway Enhancements: The site plan shall be evaluated in accordance with each of the following measurable standards and criteria in addition to any other applicable Code provisions:

i.

Can the structure or lot as planned function adequately for its actual or intended land use?

ii.

Will the plan proposed create a traffic hazard or traffic nuisance because of turning movements in relation to its access to public roads or intersections or inadequacy of off-street parking (as used herein, inadequacy of off-street parking shall refer to a usual condition for the subject site where off-street parking is insufficient to accommodate the existing site needs (regardless of whether the provision of such parking meets the intent of the Code) and where, as a result, customer, employee, or invitee vehicles regularly park off-site in places not approved and reserved for off-site, off-street parking for the subject site)?

iii.

Will the site plan be detrimental to the development of surrounding properties with respect to impacts of noise, pedestrian movement or any other potential negative secondary effect of the intended business operations?

iv.

Does the plan proposed, while not strictly in accord with the regulations applying generally within the District, meet public purposes in minimizing nonconformities and conflict with the Plantation Gateway Plan?

v.

In the particular circumstances of the case, is strict application of the City's other development regulations necessary for the accomplishment of public purposes or the provision of public protection services at the time or under foreseeable circumstances?

vi.

Does the proposed site plan appear to function without significant risk of any unsafe site conditions being created? (The Director may make additional waivers of the enhancements or requirements of this section, or of the Code, which may improve public safety and do not materially and detrimentally affect the site or surrounding property.)

4.

Implementing the Administratively Approved Site Plan:

i.

Administrative approval shall be valid for twelve (12) months from the date the decision is made. The Director may grant an extension of the approval period for a time not to exceed six (6) additional months based on an applicant's request and demonstration of good cause, which request must be received prior to the expiration of the initial period of validity.

ii.

All required enhancements shall be constructed and completed no later than:

•

The completion of any construction activity which is described in paragraphs (c)(1)(ii-v); or

•

Six (6) months after the issuance of a local business tax receipt for a change in the use described in paragraph (c)(1)(i) unless an extension of time limited to a second six-month period is granted by the Director upon a showing of good cause.

5.

Notice/Administrative Review Process: The authorized waivers and required enhancements set forth in this section when property is redeveloped are hereby determined to be minor in nature and such that they do not meaningfully impact adjacent or nearby landowners or the public at large. Accordingly, in view of the legislative determination that the enhancements have little, if any, detrimental impact, that they only serve to improve the appearance and functionality of redeveloped properties as defined herein, and that the enhancements available are defined and circumscribed by this section, there is no requirement for notice or a public hearing before an application is reviewed by the DRC, reviewed by any other affected development discipline, or reviewed, approved, or denied by the Director (the process, for example, being similar to the Building Official's review of building plans and such official's determination that the plans comply or do not comply with the Florida Building Code). In the event a proposed enhancement site plan is denied by the Director, an applicant may seek review of the decision by the City Council, in which event the matter will be noticed and advertised in the same manner as the City governing body's consideration of site plans and the City's quasi-judicial procedural rules shall apply to the City Council's hearing.

g.

Conflicts: Should any subsection, paragraph, sentence, clause, phrase, or other part of this section conflict expressly, implicitly, or by effect with any City ordinance, or City Code section, paragraph, sentence, clause, or phrase, which was in existence prior to January 31, 2001, then the provisions of this section shall control to the extent of such conflict.

(d)

Airport Overlay District: The City, pursuant to Chapter 333, Florida Statutes, adopts and incorporates by reference Chapter 39, Article LXXI, Sections 39-1164 to and including 39-1176 of the Broward County Airport Zoning Code into the City Code of Ordinances, as amended from time to time, to be applicable to that area of the City which lies within a transition zone of the Fort Lauderdale/Hollywood International Airport.

(e)

Plantation Walk Shopping, Dining and Entertainment District (PWSDE):

(1)

Applicability: The PWSDE District is an overlay district to the M-PM Plantation Midtown District. The provisions of this subsection control over all conflicting provisions in Code of Ordinances.

(2)

Purpose: The PWSDE District provides for permanent and temporary uses that complement the purpose of M-PM Plantation Midtown District to promote a denser and more active mixed-use activity center characteristic of town center environments. To achieve this purpose, the PWSDE Overlay District relaxes the use requirements and standards for various retail, dining and entertainment related uses permitted in the underlying M-PM Zoning District. To that end, the PWSDE regulations are based upon the following general principles:

a.

The District as a destination for community and area residents;

b.

A mix of eating, drinking and entertainment uses among retail shops;

c.

Ambient programming to enhance the visitor experience;

d.

Incorporation of pedestrian plazas and greens;

e.

Regularly scheduled outdoor events as a focal point for the community to congregate;

f.

Signage murals, and public art that are more active and prominent, in keeping with the more vital commercial environment that is desired; and

g.

Location entirely on private property that is actively and professionally managed.

The relaxed standards within the PWSDE Overlay District shall be voluntary. As such, property and business owners located within the Overlay District shall have the discretion to implement the relaxed standards, where applicable, or to adhere to the more stringent standards of the underlying M-PM Zoning District.

(3)

District Boundaries: The PWSDE district is generally located north of the westerly extension of NW 2 ^nd Street, south of the westerly extension of NW 3 ^rd Place, east of NW 82 ^nd Avenue, and west of University Drive, legally described as follows:

LAND DESCRIPTION:

A PORTION OF TRACTS 1, 2, 3, AND 4, JACARANDA PARCEL 761 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 113 AT PAGE 45 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF TRACTS 1 AND 2 AND ALL OF TRACTS 3 AND 4 JACARANDA PARCEL 760 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 115 AT PAGE 7 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF LOT 1 JACARANDA PARCEL 765 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT PAGE 42 OF SAID PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL B, AND A PORTION OF PARCEL A, TOYS R US PLANTATION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 113 AT PAGE 18 OF SAID PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A PORTION OF VACATED NORTHWEST 2ND STREET LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF NORTHWEST 82ND AVENUE AND WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE, SAID WESTERLY RIGHT OF WAY LINE SHOWN ON TOYS R US PLANTATION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 113, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND AS SHOWN ON JACARANDA PARCEL 760 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 115, PAGE 7 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA SAID NORTHWEST 2ND STREET WAS VACATED BY RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 14058, PAGE 721 AND BY RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 14986, PAGE 479 AND RE-RECORDED IN OFFICIAL RECORDS BOOK 15150, PAGE 447, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF SAID PARCEL A, TOYS R US PLANTATION; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL A, NORTH 02 DEGREES 08 MINUTES 48 SECONDS WEST, 223.52 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 48 MINUTES 51 SECONDS WEST 273.92 FEET TO A POINT; THENCE NORTH 02 DEGREES 09 MINUTES 02 SECONDS WEST, BEING A LINE PARALLEL WITH AND 386.00 FEET EAST OF THE WEST BOUNDARY OF SAID TOYS R US PLANTATION 423.08 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 11 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 638.00 FEET NORTH OF THE SOUTH BOUNDARY OF SAID TOYS R US PLANTATION 386.17 FEET TO A POINT ON SAID WEST BOUNDARY OF TOYS R US PLANTATION; THENCE ALONG SAID WEST BOUNDARY, NORTH 02 DEGREES 09 MINUTES 02 SECONDS WEST, 146.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, JACARANDA PARCEL 765; THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT 1, SOUTH 87 DEGREES 50 MINUTES 38 SECONDS WEST 279.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST BOUNDARY OF SAID LOT 1, THE NORTHERLY EXTENSION OF THE WEST BOUNDARY OF SAID LOT I, AND ALONG THE WEST BOUNDARY OF JACARANDA PARCEL 761 THE FOLLOWING THREE COURSES, NORTH 02 DEGREES 10 MINUTES 16 SECONDS WEST, 852.78 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 275.00 FEET, NORTHWESTERLY 215.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 DEGREES 57 MINUTES 20 SECONDS, AND TANGENT TO SAID CURVE; THENCE NORTH 47 DEGREES 07 MINUTES 36 SECONDS WEST, 445.54 FEET TO A POINT ON THE WEST BOUNDARY OF SAID JACARANDA PARCEL 761; THENCE ALONG SAID WEST BOUNDARY THE FOLLOWING TWO COURSES, NORTHERLY 34,23 FEET ALONG THE ARC OF A TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 78 DEGREES 27 MINUTES 15 SECONDS TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 350.00 FEET; THENCE NORTHEASTERLY 174.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 DEGREES 33 MINUTES 01 SECONDS TO THE NORTHWEST CORNER OF SAID JACARANDA PARCEL 761; THENCE ALONG THE NORTH AND EAST BOUNDARY OF SAID JACARANDA PARCEL 761 AND ALONG THE NORTH BOUNDARY OF JACARANDA PARCEL 760, THE FOLLOWING FIVE COURSES, NORTH 87 DEGREES 52 MINUTES 04 SECONDS EAST, 486.07 FEET; THENCE SOUTHERLY 112.79 FEET ALONG THE ARC OF A ON-TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 04 MINUTES 42 SECONDS (SAID CURVE HAVING A CHORD BEARING SOUTH 00 DEGREES 29 MINUTES 54 SECONDS WEST AND A CHORD LENGTH OF 112.70 FEET) to A POINT OF CURVATURE OF TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY 39.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76 DEGREES 04 MINUTES 01 SECONDS; THENCE SOUTH 02 DEGREES 06 MINUTES 47 SECONDS EAST, 61.75 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 17 SECONDS EAST 274.26 FEET; THENCE SOUTH 12 DEGREES 49 MINUTES 36 SECONDS WEST 122.00 FEET; THENCE SOUTH 77 DEGREES 11 MINUTES 56 SECONDS EAST, 179.84 FEET TO A POINT ON THE EAST BOUNDARY OF SAID JACARANDA PARCEL 760; THENCE ALONG SAID EAST BOUNDARY, THE SOUTHERLY EXTENSION OF SAID EAST BOUNDARY AND THE EAST BOUNDARY OF TOYS R US PLANTATION; THE FOLLOWING COURSES; THENCE SOUTH- EASTERLY 398.99 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1610.00 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES 11 MINUTES 57 SECONDS; (SAID CURVE HAVING A CHORD BEARING OF SOUTH 22 DEGREES 38 MINUTES 53 SECONDS EAST AND A CHORD LENGTH OF 397.97 FEET) TO A POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 44 MINUTES 52 SECONDS EAST 267.30 FEET TO THE POINT OF CURVATURE OF TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET; THENCE SOUTHEASTERLY 90.32 FEET ALONG SAID CURVE 'THROUGH A CENTRAL ANGLE OF 28 DEGREES 44 MINUTES 55 SECONDS TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 220.00 FEET; THENCE SOUTHEASTERLY 200.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 DEGREES 16 MINUTES; 30 SECONDS; THENCE SOUTH 02 DEGREES 08 MINUTES 48 SECONDS EAST 895.25 FEET TO THE POINT OF BEGINNING.

LESS THEREFROM THE FOLLOWING DESCRIBED PARCEL: (HOTEL PARCEL):

COMMENCE AT THE SOUTHEAST CORNER OF SAID PARCEL A OF TOYS R US PLANTATION; 'THENCE RUN NORTH 02 DEGREES 08 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID PARCEL A FOR A DISTANCE OF 993.57 FEET TO A POINT; THENCE RUN SOUTH 87 DEGREES 51 MINUTES 12 SECONDS WEST FOR A DISTANCE OF 389.72 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 47 DEGREES 01 MINUTES 29 SECONDS WEST FOR A DISTANCE OF 244.67 FEET TO A POINT; THENCE RUN NORTH 42 DEGREES 58 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 105.70 FEET TO A POINT; THENCE RUN SOUTH 47 DEGREES 01 MINUTES 29 SECONDS EAST FOR A DISTANCE OF 21.61 FEET TO A POINT; THENCE RUN NORTH 42 DEGREES 58 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 56.47 FEET TO A POINT; THENCE RUN SOUTH 47 DEGREES 01 MINUTES 29 SECONDS EAST FOR A DISTANCE OF 95.81 FEET TO A POINT; THENCE RUN NORTH 42 DEGREES 58 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 41.00 FEET TO A POINT; THENCE RUN SOUTH 47 DEGREES 01 MINUTES 29 SECONDS EAST FOR A DISTANCE OF 31.00 FEET TO A POINT; 'THENCE RUN SOUTH 42 DEGREES 58 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 41.00 FEET TO A POINT; THENCE RUN SOUTH 47 DEGREES 01 MINUTES 29 SECONDS EAST FOR A DISTANCE OF 96.25. FEET TO A POINT; THENCE RUN SOUTH 42 DEGREES 58 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 162.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF PLANTATION, BROWARD COUNTY, FLORIDA, CONTAINING 1,377,219 SQUARE FEET (31.6166 ACRES), MORE OR LESS.

Figure 93-1 Map of the PWSDE District

(4)

Definitions:

a.

The following terms used in the Code of Ordinances are specifically not applicable to the PWSDE District: amusement arcade; amusement enterprise, indoor; bar; bowling alley; brewpub or microbrewery; nightclub; restaurant bar; recreation (commercial and indoor); restaurant-dine in; restaurant entertainment facility; restaurant-fast food; restaurant-take out; and, skating rink.

b.

Terms requiring interpretation specific to the PWSDE district are defined below. These definitions are supplemental to those in Section 27-11 and take precedence in the event of conflict.

Alcoholic Beverage Establishment means an establishment that serves alcoholic beverages for consumption on the premises, which accounts for at least fifty-five percent (55%) of its gross revenue. An alcoholic beverage establishment does not require a cover charge for entry or minimum purchase requirement and may include areas for dancing and entertainment that comprise twenty percent (20%) or less of the gross floor area. Establishments that sell alcoholic beverages for consumption on premises, whose alcoholic beverage sales do not account for at least fifty-five percent (55%) of gross sales, have a cover charge and/or have a dancing and entertainment area comprising more than twenty percent (20%) of gross floor area shall not be deemed as alcoholic beverage establishments for the purposes of this ordinance. Outdoor vendors selling alcoholic beverages during a special event are also not deemed to be alcoholic beverage establishments.

Bar means an alcoholic beverage establishment that does not produce alcoholic beverages on the premises and is not any other type of alcoholic beverage establishment defined herein.

Beverages means any liquid intended as a drink for human consumption.

Brewpub means a restaurant where beers, wines, ciders, or other similar alcoholic beverages are brewed primarily for consumption on the premises.

Commercial Recreation Establishment means an indoor facility where recreational activities or facilities are provided for a fee including, but not limited to, group arts and crafts (ceramics, painting, baking, etc.), bowling, laser tag, paintball, rollerblading, amusement devices, bounce houses, batting cages, and playground equipment, and where any serving of food and beverages is incidental. The term includes an electronic gaming entertainment establishment.

Complete Meal means an entrée and at least one (1) additional course.

Craft Distillery means an alcoholic beverage establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce distilled spirits. The establishment may also include a tasting room and retail space to sell spirits produced on the premises along with related retail items and food.

Entertainment means an establishment that includes, but is not limited to, live or pre-recorded performances, activities for participants, and amusement devices.

Entertainment Venue means a place of assembly that charges patrons a fee to attend each scheduled program or performance, whereby the total number of people admitted to each program or performance does not exceed the seating capacity of the venue as approved by the fire marshal. Examples include movie theaters and comedy clubs. Entertainment venues may serve food and beverages. An entertainment venue is not an alcoholic beverage establishment.

Entrée means the main course of a meal.

Existing Establishment means a business that has an executed lease agreement to occupy a building or demised portion thereof within the District, and for which an application for local business tax receipt has been issued by the City.

Greens means an open space available for unobstructed passive recreation, its landscaping consisting of natural, grassy areas and trees.

Incidental means a product or service provided by a business that accounts for less than fifty (50) percent of its gross revenue.

Micro-brewery means an alcoholic beverage establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to manufacture malt beverages. The establishment includes a tasting or consumption room and retail space to sell malt beverages produced on the premises along with any related retail items and food that may be offered.

Micro-winery means an alcoholic beverage establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce wine. The establishment includes a tasting or consumption room and retail space to sell wine produced on the premises along with any related retail items and food that may be offered.

On the Premises means an establishment's enclosed building area and any outdoor seating or dining area designated for the establishment.

Package Store means a store that sells alcoholic beverages for consumption off-premises, and which does not produce alcoholic beverages on the premises.

Plaza means an area generally open to the public on a controlled basis and used for passive recreational activities and relaxation. Plazas are paved areas typically with amenities, such as seating, drinking and ornamental fountains, public art, trees, and landscaping, for use by pedestrians.

Pop-up Market means any temporary retail use held in the open, where one (1) or more individual sellers offer products or personal services for sale to the public.

Recurring Event Programming, or Recurring Events means programmed commercial or noncommercial events that typically recur on a sub-annual basis, including, but not limited to, art exhibits and shows, pop-up markets, specifically advertised performances by entertainers, food trucks, and family-oriented games and activities.

Regular Programming means the daily provision of amplified or nonamplified ambient music or sounds, live performances, street performers and the like, outdoors at sound levels that do not inhibit conversation.

Restaurant means any establishment that serves prepared food that is available for consumption on or off the premises, where sale of alcoholic beverages accounts for less than fifty-five percent (55%) of gross revenue. Typically, complete meals are prepared on the premises and served at all times when the establishment is open. A restaurant may offer any combination of dining on the premises or takeout and may include an area set aside for entertainment comprising less than twenty percent (20%) of the gross floor area. Any serving of alcoholic beverages is incidental to the food service, occurring only during times when food is served. An establishment that serves prepared food that is available for consumption on or off the premises, where the sale of alcoholic beverages accounts for more than fifty-five percent (55%) of gross revenue or with an area set aside for entertainment comprising more than twenty percent (20%) of gross floor area shall not be deemed a restaurant for the purposes of this PWSDE Overlay District.

Retail Street means a street internal to the PWSDE District fronted by commercial establishments.

Special Event means a programmed commercial or noncommercial event that does not occur more than six (6) times within a calendar year within the PWSDE Overlay District, typically oriented to a holiday or celebrated occasion, with programming similar to a recurring event except that open containers of alcoholic beverages are permitted within the District boundaries, alcoholic beverages may be dispensed within vendor kiosks licensed to dispense such beverages for the duration of the event, and the noise limits applicable to recurring events may be relaxed pursuant to the provisions herein. Prior approval shall be obtained from the City for more than six (6) special events occurring within a calendar year.

Surface Parking Facility means a surface parking lot within the PWSDE District that is connected to a retail street by a pedestrian plaza.

(5)

Permitted Uses: The permitted uses in the PWSDE District are those permitted in the M-PM District in Section 27-100, "Master Business List," as the definitions applicable to the M-PM District may be modified or superseded by subsection (4) above, and the additional uses listed below. Each of the following uses is subject to any requirements listed below the use and is not subject to any other use restriction promulgated within the Plantation Code of Ordinances unless otherwise specified herein.

a.

Alcoholic beverage establishments

1.

A total of ten (10) alcoholic beverage establishments may operate within the PWSDE district at any one time by right, including not more than four (4) bars. A conditional use permit is required for a proposed alcoholic beverage establishment if there are ten (10) or more such existing establishments within the District.

2.

Each establishment is permitted to set aside an area equal to twenty percent (20%) or less of its gross floor area for dancing or entertainment.

b.

Commercial Recreation Establishments

1.

Amusement enterprises shall obtain, maintain and display an amusement certificate pursuant to the administrative requirements established in Section 27-105(f)(1)(d) and (f), and shall be subject to the denial or revocation provisions in Section 27-105(f)(3), penalties provision in 27-105(f)(2)(10) and (11), and general regulations for amusement enterprises in Section 27-105(f)(1)(f).

c.

Entertainment Venues

d.

Retail Tobacco and Tobacco Accessories Store; Cigar Bar

1.

Permitted as a principal use or accessory to a restaurant, alcoholic beverage establishment or entertainment venue. If accessory to another use, the smoking area shall be physically separated from the main use to contain the smoke.

2.

Indoor smoking of tobacco products is permitted subject to provision of adequate ventilation as required by the Florida Building Code and NFPA Code, as amended from time-to-time.

3.

Cigar making and cigarette rolling for retail sale on premises is permitted.

(6)

Supplemental Regulations:

a.

Professional Management: The property owner is responsible for ensuring that the District is managed by an individual or firm, inclusive of the property owner, with at least three (3) years of experience managing an entertainment complex, venue or district. The individual or firm shall operate from an office located within Broward or an abutting County and shall liaise with the offices of the tenants, property owner (if different), Mayor and City departments to ensure the smooth operation of the District. The City shall be notified within thirty (30) days whenever there is a change in the professional management by the owner.

b.

Alcoholic Beverages:

1.

Alcoholic beverages may not be consumed on or upon the premises of any vendor between the hours of 2:00 a.m. and 8:00 a.m.

2.

Sale of alcoholic beverages in bottles, cans or containers, for consumption off the premises, is prohibited between the hours of 2:00 a.m. and 8:00 a.m.

3.

Open containers of alcoholic beverages are permitted outdoors between 12:00 noon and 10:00 p.m. (12:00 a.m. on New Year's Eve) within the District. Alcoholic beverages may be sold and distributed at one or more temporary outdoor kiosks during special events between 12:00 noon and 9:00 p.m. (11:30 p.m. on New Year's Eve).

c.

Outdoor Seating Areas: Each establishment that sells food or beverages is permitted an outdoor seating area within the adjacent retail street sidewalk or pedestrian plaza subject to the standards below. An outdoor seating area may extend into the frontage of an abutting business as authorized by the property owner. A permit is not required to establish an outdoor seating area within an existing retail street sidewalk or pedestrian plaza unless a structure requiring a building permit under the Florida Building Code is added to the outdoor seating area.

1.

Outdoor seating areas shall be conducted operated in such a way as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, or sidewalks, or breezeways.

i.

There shall a minimum of four (4) feet of clear distance, free of all obstructions, in order to allow adequate pedestrian movement. In no event may recesses in the building frontage be used to satisfy this unobstructed width requirement.

ii.

Tables, chairs, or umbrellas shall not ever be placed within seven and one-half (7½) feet of a fire hydrant or standpipe, or within five (5) feet of a pedestrian crosswalk, curb cut, street, utility pole, utility box, bike rack, or street furniture of any type. For purposes of minimum clear path, any object, regardless of whether it is associated with the outdoor seating area, shall be considered an obstruction, such as but not limited to: trees, sign poles, benches, etc. No outdoor seating area shall obstruct or interfere with sight triangles.

iii.

Outdoor seating areas shall not occupy an area of more than one hundred percent (100%) of the total enclosed floor area of the establishment to which it is accessory. Additional parking is not required for the outdoor seating area unless the area encompasses more than twenty five percent (25%) of the establishment's enclosed area. The amount of additional parking, if required by this subsection, shall be calculated pursuant to the off-street parking standards as set forth in Section 27-123.

iv.

Tables, chairs, and umbrellas shall be of high-quality design, material and workmanship for aesthetics. They shall be made of metal or weather resistant and finished wood.

v.

Establishment names may be printed on umbrellas. Letter and logos may not exceed six (6) inches in height. Minimum height for umbrellas shall be eighty (80) inches.

vi.

The outdoor seating area shall not be enclosed except that it may be covered with a canvas cover, or covered with the existing walkway covering (where the area is within walkway areas).

vii.

Dirty dishes, garbage or food shall not be stored outside of the enclosed establishment. All refuse associated with the outdoor seating area shall be handled indoors at all times.

d.

Outdoor Entertainment, Regular Programming and Special Events: Programming of activity is encouraged as an integral part of the District. In addition to regular programming to enhance the ambiance of the District, recurring events are encouraged throughout the year, such as a pop-up markets, craft shows and the like, while up to six (6) special events are permitted per calendar year. Regular programming, recurrent events and special events are permitted in accordance with the following provisions.

1.

Daily entertainment on sidewalks and plazas is permitted subject to the noise regulations herein and maintenance of a clear pedestrian path at all times that is at least four (4) feet wide and ADA-compliant.

2.

Regular programming shall not require any additional approval.

3.

Prior to conducting any recurring or special event, an administrative event permit shall be required from the City for event security, traffic management, sufficiency of vehicle parking, and emergency vehicle access. The permit shall authorize all recurring and special events within the twelve (12)-month period following the date of issuance. The permit shall self-renew annually. The Mayor may modify the permit within forty-five (45) calendar days prior to any renewal upon issuance of written findings to the property owner and property manager demonstrating that changes to security, parking, traffic management, or emergency vehicle access protocols are necessary to protect the public health, safety and welfare. The property owner may appeal any decision of the Mayor to the City Council within ten (10) calendar days from the issuance of the decision. The fee to process an administrative appeal shall be $750.00. An appeal shall stay an administrative modification.

4.

The permit application shall include the locations of temporary structures and structure specifications deemed necessary by the Fire Marshal, hours of operation, traffic management plan, parking plan, and security personnel and protocols. Property management shall notify the Fire Marshal at least one week prior to each recurring and special event that involves temporary structures. Additional applications for each recurring and special event are not required. The timing for the submission of a permit or for processing of a permit shall be as set forth in Section 27-41.

5.

Certain retail streets and surface parking lots may be repurposed as special event space and closed to vehicle traffic subject to the conditions of the master permit.

e.

Outdoor Display of Merchandise: Retail establishments may display merchandise for sale on retail street sidewalks and plaza areas within ten feet of the establishment's shopfront, as further regulated by the property owner.

f.

Noise:

1.

Generally: Sound levels within the District shall be governed by Chapter 16—Noise, except as provided in subsection 2., below.

2.

Entertainment: Sound generated from indoor and outdoor entertainment sources programmed by property management or individual establishments, including, but not limited to, amplified and unamplified sounds, and audience participation (ex: cheering) shall be governed exclusively by the following regulations:

i.

Sound levels shall be measured on the A-scale and averaged over a three-minute period (3-minute LA _eq ).

ii.

Sound pressure levels measured outdoors from apartment balconies within the adjoining M-PM District shall be limited to 10 dBA above the ambient sound pressure level or 70 dBA, whichever is greater.

iii.

Sound pressure levels measured outdoors along the north, south and east district boundaries shall not exceed 5 dBA above the ambient sound pressure level or 65 dBA, whichever is greater.

iv.

Maximum allowable sound pressure levels specified above shall be increased by 8 dBA during special events (a maximum of 6 days per calendar year).

v.

The above sound pressure levels are permitted between the hours of 10:00 a.m. and 10:00 p.m., except on New Year's Eve the hours shall be extended to 12:30 a.m. New Year's Day. At all other times, the standards in Chapter 16 shall govern.

g.

Signs:

1.

Sandwich signs are permitted for individual businesses - one per business at a maximum of 12 square feet - along the retail street frontage and plaza frontage provided they are not visible from a public right-of-way. These signs shall not obstruct pedestrian or vehicular flow and emergency access along walkways or roadways and shall be removed at the end of each business day.

2.

Street light pole banners not to exceed eight (8) square feet each are permitted throughout the District.

3.

One (1) temporary sign is permitted adjacent to each University Drive entrance to the District for each recurring event. Each sign shall not exceed sixteen (16) square feet in area and seven (7) feet in height. A single sign of twenty-four (24) square feet and nine (9) feet in height on the University Drive frontage shall be permitted in lieu of two (2) signs.

4.

A single banner may be used for special events, not to exceed forty (40) square feet in area, directing the attention of the public to the special event, attached to a building housing the event, or may be attached to a perimeter wall or fence adjacent to a street frontage on the property where the event is located.

5.

A temporary sign or single banner sign, as set forth in subsections (g)(3) and (g)(4) above, may be erected no earlier than seven (7) days prior to the event and must be removed within two (2) days after the event.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2617, § 1, 6-22-2022; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024; Ord. No. 2025-010, § 13(Exh. L), 11-5-2025)