The following shall constitute agricultural zoning districts for the purposes of the ULDC:

The following shall constitute rural and estate zoning districts for the purposes of the ULDC:

(Ord. No. 2005-005, § 4(045-010), 4-14-2005; Ord. No. 2022-013, § 2, 8-11-2022)

(A)

A-1, agricultural estate, and A-2, general agricultural districts are intended to apply to those areas of the town designated agricultural or rural ranches on the future land use plan map of the comprehensive plan, the present or prospective use of which is primarily rural estates or agricultural. The regulations of these districts are intended to protect, preserve and enhance the rural character and life-style of existing very low density areas and agricultural uses.

(B)

The RE, rural estate district is intended to apply to areas which are primarily residential estates and agricultural uses. The regulations of this district are intended to protect, preserve and enhance the character and life-style of existing low density areas in compliance with the rural estate and estate land use plan designations of the comprehensive plan.

(C)

The RR, rural ranches district is intended to apply to areas designated rural ranches on the future land use plan map of the comprehensive plan, and is intended to protect, preserve and enhance the rural character and life-style of existing very low density neighborhoods predominately for one (1) family dwelling, with ranches and related agricultural uses.

(D)

The RR-A, rural ranches-A district is intended to apply to areas designated rural ranches on the future land use plan map of the comprehensive plan to protect, preserve and enhance the rural character and lifestyle of the town by requiring larger plots and more open space than other districts.

(Ord. No. 2005-005, § 4(045-020), 4-14-2005; Ord. No. 2022-013, § 3, 8-11-2022)

The following general requirements shall apply in all agricultural and rural districts:

(A)

Fences, walls and hedges. Fences and walls, not including entrance features, shall be permitted to a maximum height of eight (8) feet above the established grade within any required yard, and in any location on a residential or agricultural plot; provided that a fence enclosing a tennis court or other customary enclosure may be higher if located outside of a required yard. Fences on farms shall be governed by F.S. ch. 588.

(1)

Hedges and all natural vegetation shall not be subject to height limits except as provided in section 075-060(E)(3), "Plant material; shrubs and hedges."

(2)

Decorative lighting mounted on posts as an integral part of any fence or wall shall not be counted in determining fence height, and shall comply with the requirements of article 95, "Outdoor Lighting Standards."

(3)

Barbed wire and razor wire are prohibited for use as fencing material and as any part of any fence or wall. Low voltage electrical wire, a.k.a. hot wire, shall be permitted for use as fencing material on all plots.

(4)

Every fence that is installed or replaced subsequent to the enactment of this section, shall be erected with a finished side facing outward toward other properties and rights-of-way, such that all posts, rails and other structural members are contained on the inside of the fence, and the exterior of the fence is equal to or better than the inside of the fence in the quality of its appearance. The town may waive this provisions for the portion of a fence that is to be installed along an interior property line if the abutting property owner consents to such waiver. This provision shall not be applicable to fences being installed to maintain livestock when best management practices dictate that the unfinished side of the fence should face outward to help to ensure that the livestock is maintained.

(B)

Vehicle and equipment repair. Mechanical repairs to vehicles and watercraft parked or stored pursuant to subsection (C) of this section, and weighing less than eight thousand (8,000) pounds, shall be permitted on the plot where stored, provided the repair activity is not visible form any adjacent street or property. Mechanical repairs to farm or agricultural equipment used to maintain a permissible agricultural use being conducted on the property where stored, or equipment used to maintain the property, such as lawn tractors, shall be permitted outside on the plot where stored, without the need for enclosure or screening. A vehicle shall not be in a disassembled state or incapable of immediate use for more than seven (7) consecutive days if unscreened, or twenty-eight (28) consecutive days if screened, and in neither case shall exceed twenty-eight (28) days during any six-month period.

(C)

Parking and storage. This subsection identifies the types of vehicles that may be parked or stored within the agricultural and rural districts, and associated regulations. Vehicles may be parked or stored only as an accessory use to a permanent dwelling, except that construction and agricultural vehicles and equipment may be stored on unimproved land as provided herein.

(1)

Generally. All vehicles and equipment parked or stored as provided for herein must be registered to a permanent, full-time resident of the premises unless otherwise provided, be operable and capable of immediate use unless being repaired pursuant to subsection (B) of this section, and all vehicles must have a current, valid registration and associated department of highway safety and motor vehicles license plate where license plates are required by law. Additionally, none of the provisions of this subsection shall be construed to allow the parking or storage of any vehicle or equipment upon any drainage swale abutting a street, or within any street right-of-way or easement, except as specifically provided for the storage of construction equipment.

(2)

Construction equipment and materials.

a.

Storage on construction sites. Equipment and materials required for construction of a building and related land preparation and infrastructure construction may be stored on the site of the construction from the date of building permit issuance to the date of construction completion, provided that all required permits remain valid for the duration of the project. Construction equipment on a private property construction site may be stored anywhere within a plot, and without the need for screening or enclosure. Storage of construction equipment and materials used for utility installation or road construction purposes may be stored on a swale adjacent from the date of construction permit issuance to completion of construction.

b.

Parking and storage accessory to a dwelling. The parking of construction vehicles and equipment driven to work by permanent, full-time residents of a dwelling is permitted as an accessory use to the dwelling subject to the provisions of subsection (4)(a) of this section.

(3)

Agricultural vehicles and equipment. Storage of vehicles and equipment necessary for conducting a permissible agricultural or equestrian use is permitted on the plot upon which they are used; provided that the vehicles and equipment are registered to an owner or lessee of said plot, except in the case of equestrian boarding operations that allow boarders to keep their equestrian transports on the plot. The aggregate capacity of equestrian transports shall not exceed the number of stables or horses kept on the property, whichever is greater. Agricultural vehicles and equipment may be stored anywhere within a plot without the need for screening or enclosure, and with no limitation on quantity.

(4)

Commercial vehicles.

a.

Parking. No more than one (1) commercial vehicle for plots under two (2) net acres in area, and no more than two (2) commercial vehicles for plots of two (2) or more net acres in area may be parked on a plot by permanent, full-time residents of the plot who regularly drive the vehicle for occupational purposes not pertaining to any business use of the plot where parked, and bring the vehicle home in between work shifts, subject to the following provisions:

1.

Screening or enclosure is not required for one (1) commercial vehicle not exceeding fifteen thousand (15,000) pounds of gross vehicle weight, but shall be required for a second commercial vehicle regardless of weight, so that such additional vehicle is not visible from any adjacent street or property.

2.

Any commercial vehicle exceeding fifteen thousand (15,000) pounds of gross vehicle weight shall be screened so as not to be visible from any adjacent street or property, and shall not be parked closer than fifty (50) feet from any property or street line.

3.

No commercial vehicles may be parked within a required yard, unless parked on a stabilized driveway surface.

4.

The operation of refrigeration units is prohibited while the vehicle is parked or stored on the premises.

b.

Storage. In addition to the vehicles that may be parked pursuant to subsection (4)a of this section, storage of one (1) commercial vehicle, is permitted if used for hobby or other personal, nonbusiness and nonstorage purpose. Storage of a personal-use commercial vehicle shall be subject to the following requirements. Editor's note: The intent of permitting one (1) commercial vehicle for personal use is to recognize that in rare instances, certain unusual personal uses exist for commercial-type vehicles, and to accommodate such unusual uses:

1.

The vehicle shall not contain signage;

2.

The vehicles shall not be stored within a required yard unless on a stabilized driveway surface; provided that such storage shall be subject to screening and setbacks where required by subsection (C)(4)a of this section; and

3.

The vehicle shall not be visible from any adjacent street or property.

(5)

Recreational vehicles. Personal recreational vehicles may be stored on a plot, without limitation as to the number of vehicles or the location of stored vehicles on the plot, and up to two (2) vehicles may be stored without the need for screening or enclosure, provided:

a.

The vehicles must be used for hobby or other personal, nonbusiness purpose.

b.

Recreational vehicles shall not be used for living purposes and may not maintain water or sewage connection, but may be temporarily connected to an electrical hookup.

c.

Each vehicle must be owned or leased by a permanent, full-time resident of the premises upon which stored or a guest, provided a guest's vehicle is not parked or stored on the premises for more than ninety (90) days within any one (1) year period.

d.

Additional vehicles over two (2) shall be screened or enclosed and shall not be visible from any adjacent street or property.

(6)

Storage and parking of private passenger vehicles shall be in accordance with article 80, "Off-Street Parking and Loading."

(D)

Miscellaneous storage.

(1)

Outside storage of household items belonging to a resident of a permanent dwelling is permitted, provided the items are designed and intended for outdoor residential use.

(2)

The open air storage of junk and debris shall be subject to removal as provided in chapter 16, article III, "Abandoned Property," of the town Code, as provided by state law for public nuisances or as provided in the ULDC, article 20, "Property Maintenance and Junk or Abandoned Property."

(3)

Portable storage units, including, but not limited to, "Portable On Demand" (PODs) units shall not be kept upon a plot in excess of two (2) years if there is an active building permit for construction on the plot, or until the issuance of a certificate of occupancy or completion, whichever occurs first. Portable storage units not associated with an active permit for construction on the same plot shall be kept not longer than thirty (30) days within any six-month period. Portable storage units shall be removed from a plot and secured at a commercial storage facility that is intended for the storage of such units, whenever a hurricane warning is issued by the National Hurricane Center for the town.

(4)

One (1) shipping container not exceeding twenty-seven hundred (2,700) cubic feet capacity and nine and one-half (9½) feet in height (typically forty (40) feet long and eight (8) feet wide) may be kept on a plot as an accessory storage structure regardless of plot size. Containers shall not be stacked. Shipping containers shall be subject to all required yard and setback requirements, and shall be screened from view of adjacent properties and rights-of-way. This subsection does not apply to farms.

(5)

Nothing herein shall preclude the use of shipping containers and/or truck bodies on property owned or used by the town.

(6)

All feed stored, accumulated, or kept shall be kept and stored in a rat-free and rat-proof structure or container.

(E)

Swimming pools and spas. This provision supplements F.S. § 515.29 and the building code, as may be amended from time to time, in order to further restrict unauthorized outdoor access to a pool or spa.

(1)

Every yard, or portion thereof, containing an outdoor swimming pool or spa, shall be fully enclosed by a permanent, nonremovable fence or wall of at least four (4) feet in height, and of a material and design consistent with the building code chapter 41, "Swimming Pools," as may be amended from time to time. A screen enclosure meeting the requirements of chapter 41 shall constitute compliance with this provision, and one or more building walls of the residence or other permanent building may be utilized to complete the enclosure. Child fences and other removal barriers shall not be used in lieu of this barrier requirement.

(2)

This provision does not address access to a pool or spa area from within a residence or other building used as part of the pool enclosure. Such access is regulated by chapter 41 and is not supplemented herein.

(F)

Animals. Breeding, raising and/or keeping of animals shall be permitted as follows:

(1)

In all A-1 districts:

a.

Livestock, limited to four (4) animals for each net acre of plot area, two (2) animals each half (½) acre of plot area and one (1) animal for each quarter (¼) acre of plot area. On plots three and one-half (3½) acres or more in net area, the number of animals specified in this subsection may be doubled, provided all animals are sheltered. There shall be no limit on the number of livestock on plots greater than ten (10) net acres in area.

(i)

Provided that the livestock are not a nuisance pursuant to F.S. § 823.14, the number and types of livestock shall not be restricted on farms. Said nuisance determination may also be made by the town's special magistrate who shall consider F.S. § 823.14, case law, and the best management practices of the water management district and the department of agriculture and consumer services.

b.

Poultry.

c.

In addition to the animals in subsection (F)(1)a of this section, the following may be kept on a plot containing a permanent dwelling:

1.

Birds and fowl.

2.

Dog, cats and other household pets.

3.

Wildlife pets as permitted and licensed by the state.

4.

One (1) non-breeding domesticated pig as a household pet. The domesticated pig shall be spayed or neutered and de-tusked. The domesticated pig shall not create a nuisance to surrounding property(s). Any domesticated pig found to create a nuisance by the town's special magistrate shall be removed from the plot of land and such plot of land shall not be entitled to have another domesticated pig for a period of three (3) years.

d.

Commercial breeding of animals, limited to farm products.

e.

[Reserved.]

f.

Offspring under the normal weaning age for the species shall not be included in calculating the number of animals.

(2)

The number and type of animals in A-2 districts shall not be restricted; provided that the livestock are not a nuisance pursuant to F.S. § 823.14. Said nuisance determination shall be made by the town's special magistrate who shall consider F.S. § 823.14, case law, and the best management practices of the water management district and the department of agriculture and consumer services.

(3)

In the rural districts:

a.

One (1) livestock for each ten thousand (10,000) square feet of plot area. Said restriction on the number of animals, however, shall not apply to household pets as defined in article 10 of this ULDC.

(i)

Provided that the livestock are not a nuisance pursuant to F.S. § 823.14, the number and types of livestock shall not be restricted on farms in the rural districts. Said nuisance determination shall be made by the town's special magistrate who shall consider F.S. § 823.14, case law, and the best management practices of the water management district and the department of agriculture and consumer services.

b.

Poultry.

c.

In addition to the animals in subsections (F)(3)a and (3)b of this section, the following may be kept on a plot containing a permanent dwelling:

1.

A total of twenty-five (25) birds and fowl, provided such birds and fowl are kept in an enclosure which is at least fifty (50) feet from any plot line or street line;

2.

Dogs, cats and other household pets; and

3.

Wildlife pets as permitted and licensed by the state.

d.

One (1) non-breeding domesticated pig as a household pet. The domesticated pig shall be spayed or neutered and de-tusked. Any domesticated pig found to be a nuisance by the town's special magistrate shall be removed from the plot of land and such plot of land shall not be entitled to have another domesticated pig for a period of three (3) years.

e.

Offspring under the normal weaning age for the species shall not be included in calculating the number of animals.

f.

On plots exceeding four and one-half (4½) acres in net area, one (1) additional animal shall be permitted for each ten thousand (10,000) square feet of plot area, if all animals are sheltered, not including hogs and household pets.

(4)

Yards where livestock or other animals are allowed access shall be fenced to prevent the animals from accessing streets and adjacent properties.

(G)

Guest homes.

(1)

A guesthouse shall not be permitted on plots smaller than thirty-five thousand (35,000) net square feet in area.

(2)

For privately owned plots of at least thirty-five thousand (35,000) net square feet and up to and including forty-three thousand, five hundred-sixty (43,560) square feet, guest homes shall not exceed six hundred (600) square feet of gross floor area under roof, whether or not fully enclosed.

(3)

For privately owned plots greater than forty-three thousand, five hundred-sixty (43,560) net square feet, guest homes shall not exceed twelve hundred (1,200) square feet of gross floor area under roof, whether or not fully enclosed.

(4)

Only one (1) guesthouse shall be permitted per plot, and it may not be rented, leased or sold separately from the overall property. A guesthouse shall not contain, nor be designed to contain, a stove or range, a dishwasher, or more than one (1) refrigerator.

(5)

Portable cooking equipment such as a microwave and toaster oven are not considered to be a range or cookstove. In no event shall a guesthouse be considered a dwelling unit, as defined herein. A guesthouse shall not have a separate mailing address or electrical meter.

(H)

Mobile homes and construction trailers.

(1)

One (1) mobile home may be placed on a plot for a period of time not to exceed one (1) year during active construction of a permanent dwelling to serve as temporary living quarters for the owners of the home under construction. One (1) mobile home, for a construction office, may also be placed on a plot within nonresidential development under construction, and within residential subdivisions under construction that are approved for two (2) or more dwellings until the final certificate of occupancy is issued for the development.

a.

Placement of the mobile home shall be in compliance with all minimum yard requirements.

b.

No mobile home shall be placed upon any such property until a building permit for construction of the dwelling or nonresidential structure has been issued. The permit shall be posted in such a manner that it can be observed from the exterior of the mobile home.

c.

Actual construction of a principal building must commence within four (4) months after issuance of the building permit and be actively carried forward.

d.

The mobile home must be removed from the property upon completion of the permanent dwelling or other principal buildings at the end of the one (1) year period, whichever occurs first. The town administrator may grant one (1) extension of a maximum six (6) months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress such that construction can reasonably be completed within the six-month extension period. A decision of the town administrator to deny the request for extension may be appealed to the town council subject to the requirements of article 135, "Appeals of Administrative Decisions."

(2)

In the A-1 and A-2 districts, on plots ten (10) acres or more in net area, used solely for farm homesteads or livestock, one (1) mobile home may be maintained for housing of the property owner or persons employed by the owner to care for crops or livestock on the property or for farm office purposes. Such mobile home must meet the minimum floor area required by this article, must be constructed with wooden or masonite siding or residential lapped siding that is nonmetallic in appearance and must be underskirted at the time of set-up. Roofs must be shingled with asphalt or fiberglass shingles.

(I)

Easements. No permanent structure, including, but not limited to, wood and chain link fences, shall encroach upon or into any easement of record unless easement agreements have been executed and permits issued, by the town and all persons with easement rights. No structure or use of any type shall encroach upon or obstruct access through any easement specifically granted for exclusive ingress or egress purposes to and from adjacent properties without the written consent of all beneficiaries of the easement and the town.

(J)

Farm, plant and tree nursery on-site display and sales (commercial and noncommercial).

(1)

On-premise sales and display for farms and noncommercial farms are limited to farm products grown, raised or cultivated on the plot where they are being sold.

(2)

On-premise sales and display for nurseries that are farms are limited to plants grown or cultivated on the plot where they are being displayed or sold, and to accessory on-premise sales and display of related landscaping materials that are customarily incidental to such plant sales and display, and that are an integral part of the landscape or hardscape, or are tools used to install landscaping and hardscaping. The display of incidental landscape materials must be screened from the view of adjacent streets and properties.

a.

By way of example, the following are classified as incidental materials: stepping stones, river rocks, railroad ties, ponds, mulch, topsoil, fertilizer, and tree-bracing kits.

b.

By way of example, the following are not incidental materials: lawn furniture, including benches and picnic tables, gazebos, decorative fountains, statues, recreational and playground equipment, pools and hot tubs, household goods, and rugs.

(K)

Commercial retail sales of plants not on farms. This subsection regulates the location of businesses engaged in the commercial retail sales of plants and accessory sales of landscape materials direct to the public, on plots and portions of plots that are not farms (i.e. no agricultural property tax classification), at a specific location and with established hours of operation. This subsection does not regulate retail sales of plants and landscape materials on a plot or portion of a plot that is a farm.

(1)

Businesses established after [the effective date of this ordinance] may be located on lots of record existing as of such date that front one (1) of the following road rights-of-way, provided that the lot has one (1) or more driveway openings onto such roadway approved by the governmental entity with jurisdiction over the roadway that all retail-related traffic must use exclusively to access the plot:

a.

Griffin Road

b.

Sheridan Street

c.

Flamingo Road

d.

Volunteer Road

e.

Dykes Road

f.

SW 172 ^nd Avenue

g.

U.S. Highway 27

(2)

Any location not authorized in paragraph (1) above is permitted only by special exception permit in accordance with paragraph (4), below and article 112.

(3)

Such businesses existing as of [effective date of this ordinance] that are not in accordance with of paragraphs (1) or (2), are nonconforming uses that may continue to operate until such time that the use is changed to another use or is discontinued for a period of six (6) consecutive months. The town administrator may grant a single six (6) month extension upon request. In the event the property is sold or leased within the extension period, the balance of the extension shall be transferrable to the new owner or lessee. A business that has lost its nonconforming use status may be re-established on the same plot only upon issuance of a special exception use permit in accordance with paragraph (4) and article 112.

(4)

The following are requirements of all special exception use permits pursuant to paragraphs (2) and (3) above:

a.

The applicant shall demonstrate how the retail use will be operated in a manner that is consistent with the character of the surrounding neighborhood and will not create a nuisance. Required information shall include: hours of operation; detailed site plan that addresses building size, location, screening and adequate parking for employees and patrons, including disabled-accessible parking, restrooms, ingress and egress of vehicular traffic, setbacks from the street and adjacent properties, outdoor equipment screening or storage, screening of items for retail sale stored outside, and use of outdoor lighting in compliance with article 95.

b.

The applicant shall demonstrate how stormwater will be retained onsite or appropriately conveyed, as applicable, in compliance with the requirements of this chapter and the applicable drainage district standards.

c.

The property shall adequately buffer and screen abutting residential uses and streets, to the satisfaction of the town council, from the vehicular use areas and portions of the property associated with retail sales, including any portion of the property's periphery where retail customers have access.

d.

The business shall utilize commercial waste collection service.

(L)

Essential services. Electric transformer substations are not permitted as an essential service within the agricultural and rural districts. Existing substations as of the date of adoption of the ordinance from which the ULDC is derived shall be considered conforming uses and may be expanded within existing plot.

(M)

Landscaping. Except for portions of plots used for farm or noncommercial farm operations, installation and maintenance of landscaping shall be subject to compliance with article 75, "Landscaping Requirements."

(N)

Signs. Installation and maintenance of permitted signs shall be subject to compliance with article 70, "Sign Regulations."

(O)

Definitions. Terms used within this article are defined in article 10, "Definition of Terms."

(P)

Nonconforming uses, structures and plots. Any building, use or plot that has been established as nonconforming, or which is made nonconforming by the adoption of this ULDC or any amendment hereto, shall be subject to the provisions of article 30, "Nonconforming Uses, Structures and Plots."

(Q)

Parking of private passenger vehicles. Parking shall be subject to the requirements of article 80, "Off-Street Parking and Loading."

(R)

Property maintenance. The maintenance of buildings and structures, the storage of junk vehicles, junk items, trash, debris, garbage and overgrowth shall be subject to requirements of article 20, "Property Maintenance and Junk or Abandoned Property."

(S)

Dumpsters and enclosures. Each and every plot containing a nonresidential use and each and every nonresidential use shall provide dumpsters and dumpster enclosures in accordance with section 015-080, "Dumpster enclosures," unless an alternate solid waste receptacle and removal system is determined to be acceptable by the town administrator, in its sole discretion.

(T)

Community residential facilities. Community residential facilities shall be subject to the special residential facilities provisions of the comprehensive plan.

(U)

Rural and agricultural districts. Rural and agricultural districts are subject to the applicable provisions of article 15 "General Provisions."

(V)

Cemeteries. A cemetery shall be permitted only on land with an agricultural future land use plan map designation, and which is contiguous to, or within two hundred fifty (250) feet of and separated only by a right-of-way from, another principal cemetery use with a community facilities future land use plan map designation.

(1)

Cemeteries shall comply with the requirements in F.S. ch. 497, "Florida Funeral and Cemetery Services Act."

(2)

Mausoleums are prohibited within any cemetery with fewer than thirty (30) net acres of land area.

(3)

An application for a cemetery shall be accompanied by an application fee and a site plan, and is subject to approval by the town council pursuant to the notice requirements in article 100, "Application Submittal and Notice Procedures" and site plan procedures of article 120, "Site Plan Procedures and Requirements."

(4)

The town council may approve the application only upon finding that:

a.

The proposed cemetery provides for safe and adequate vehicular and pedestrian movement in the area that will serve the use;

b.

The proposed site plan provides adequate design, including yards and buffering, in order to beautify the adjacent street frontage, limit the view into the property from adjacent streets within the town, and control any adverse effects of noise, light, dust and other potential nuisances;

c.

The proposed site plan demonstrates that the cemetery site is adequate in land area and configuration for the proposed use.

(5)

Prior to approval of any development order for a cemetery, the applicant shall provide documentary proof from the county health department that the proposed cemetery will meet all state and county health standards.

(W)

Reserved.

(X)

Conversion of single-family dwelling. A building designed, constructed or used as a single-family detached dwelling shall not thereafter be modified or utilized for any nonresidential purpose other than a permitted residential accessory use, unless the town council first grants a special exception use permit authorizing the nonresidential use.

(Y)

Vacation rentals.

(1)

Purpose. The Town Council finds that certain transitory uses of residential property tend to affect the residential character of the community and are injurious to the health of the community. Therefore, it is necessary and in the interest of the public health, safety, and welfare to monitor and provide reasonable means for residents of the Town of Southwest Ranches to mitigate impacts created by such transitory uses of residential property within the town. It is unlawful for any owner of any property within the Town of Southwest Ranches to rent or operate a vacation rental of residential property contrary to the procedures and regulation established in this article and applicable state statutes.

(2)

Definitions. For the purpose of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Vacation rental shall mean any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to transient occupants more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transient occupants, and also a transient public lodging establishment as defined in F.S. § 509.013 but that is not a timeshare project.

(3)

Registration required.

a.

It is unlawful for any person, entity, or property owner to allow another person to occupy any residential property that is a single-family, two-family, three-family, or four-family house or dwelling unit as a vacation rental within the town unless the owner of the property or his/her authorized representative has registered the property as a vacation rental property with the town and the vacation rental property has been issued a certificate of compliance in accordance with the provisions of this article.

b.

A vacation rental shall be registered annually.

c.

The advertising or advertisement for the rental of a single-family, two-family, three-family, or four-family house or dwelling unit for periods of time less than thirty (30) days is direct evidence of offering a property for rent as a vacation rental in violation of subsection (3)(a) and the advertising or advertisement is admissible in any enforcement proceeding. The advertising or advertisement evidence raises rebuttable presumption that the residential property named in the notice of violation or any other report or as identified in the advertising or advertisement was used in violation of subsection (3)(a).

(4)

Application for registration.

a.

A separate application for registration of a vacation rental shall be made to the code compliance official or his/her designee for each building proposed for use as a vacation rental. The application shall include:

1.

The property address;

2.

The name, address, electronic mail address, and telephone number of the owner of said property;

3.

The name, address, electronic mail address, and emergency contract telephone number of the responsible party for said property;

4.

The maximum number of occupants the vacation rental will have, both overnight and at all times other than overnight.

5.

Acknowledgement by the owner of the following:

(a)

That all vehicles associated with the vacation rental must be parked in compliance with all town, county, and state laws and regulations;

(b)

That it shall be unlawful to allow or make any noise or sound as set forth in chapter 15, Noise;

(c)

That each transient occupant party is provided a copy of chapter 15, Noise;

(d)

That each agreement between the owner and transient occupant shall identify all transient occupants of the vacation rental property.

(e)

That the owner shall comply with all applicable town, county, state, and federal laws, rules, regulations, ordinances, and statutes.; and

(f)

That a list of town regulations, to include those identified in the noise ordinance, and solid waste and recycling rules were provided to the lessee.

6.

Proof of owner's current ownership of the property;

7.

Proof of registration with the Florida Department of Revenue for sales tax collection and Broward County for Tourist Development Tax;

8.

Proof of licensure with the Florida Department of Business and Professional Regulation for transient public lodging establishments;

9.

Proof of vacation rental home insurance

(5)

Fees for registration. The town charges reasonable fees for registration to compensate for administrative expenses. The fees for registration shall be provided for, from time to time, by resolution adopted by the town council. Fees are nonrefundable.

(6)

False information. It shall be unlawful for any person to give any false or misleading information in connection with any application for registration, modification, or renewal of a vacation rental as required by town Code. Any false statements made in an application may be a basis for the revocation of any license issued pursuant to such application.

(7)

Vacation rental standards. The following standards shall govern the use of any vacation rental required to be registered within the Town of Southwest Ranches Code of Ordinances:

a.

Minimum life/safety requirements:

1.

Swimming pool, spa, and hot tubs shall comply with the current standards of the Residential Swimming Pool Safety Act, F.S. ch. 515.

2.

All dwelling units shall meet the minimum requirements of the Florida Building Code.

3.

A smoke and carbon monoxide (CO) detection and notification system within the vacation rental unit shall be interconnected, hard-wired or battery powered, professionally installed, and professionally monitored. The smoke and carbon monoxide (CO) detection and notification system shall be installed and continually maintained consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code—Residential.

4.

A natural gas detection and notification system, if the vacation rental utilizes natural gas, shall be installed and maintained.

5.

A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

6.

That all vehicles associated with the vacation rental must be parked within a driveway located on the subject property unless the residential home or unit has designated street parking.

b.

Maximum occupancy.

1.

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

2.

The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed one and one-half (1 ½) times the maximum occupants authorized to stay overnight at that site, as shown on the certificate of compliance, and in no event shall a gathering exceed twenty (20) persons. This subsection b. shall not apply to owner-occupied vacation rentals when the property owner is physically present on the site during the gathering, and

3.

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

c.

The name, phone number, and email of a designated responsible party.

d.

The certificate of compliance shall be posted on the back of or next to the interior of the main entrance door and shall include at a minimum the name, address and telephone number of the responsible party, and the maximum occupancy of the vacation rental.

(8)

Initial and routine compliance inspections of vacation rentals.

a.

An inspection of the dwelling unit for compliance with this section is required prior to issuance of an initial vacation rental certificate of compliance. If violations are found, all violations must be corrected, and the dwelling unit must be re-inspected prior to issuance of the initial vacation rental certificate of compliance as provided herein.

b.

Once issued, a vacation rental unit must be properly maintained in accordance with the vacation rental standards herein and will be re-inspected annually. For an inspection, all violations must be corrected and re-inspected within thirty (30) calendar days. Failure to correct such inspection deficiencies in the timeframes provided shall result in the suspension of the vacation rental certificate of compliance until such time as the violations are corrected and re-inspected.

c.

The inspections shall be made by appointment with the vacation rental responsible party. If the inspector has made an appointment with the responsible party to complete an inspection, and the responsible party fails to admit the officer at the scheduled time, the owner shall be charged a "no show" fee in an amount to be determined by resolution of the town council to cover the inspection expense incurred by the town.

d.

If the inspector(s) is denied admittance by the vacation rental responsible party or if the inspector fails in at least three (3) attempts to complete an initial or subsequent inspection of the rental unit, the inspector(s) shall provide notice of failure of inspection to the owner to the address shown on the existing vacation rental certificate of compliance or the application for vacation rental.

1.

For an initial inspection, the notice of failure of inspection results in the certificate of compliance not being issued; the vacation rental is not permitted to operate without a valid certificate of compliance.

2.

For a subsequent inspection, the notice of failure of inspection is considered a violation and is subject to enforcement remedies as provided herein.

e.

The town council may, by resolution, prescribe the circumstances under which the inspections required by this section may be waived.

(9)

Registration not transferable. No registration issued under this article shall be transferred or assigned or used by any person other than the one (1) to whom it is issued, or at any location other than the one (1) for which it is issued.

(10)

Expiration of registration and certificates of compliance.

a.

All registrations for which a certificate of compliance has been issued under the provisions of this article shall be valid for no more than one (1) year, and all registrations and certificates of compliance shall expire one (1) year from date of issuance. The application for renewal must be submitted no later than sixty (60) days prior to the expiration date. Late renewal fees shall be established by resolution of the town council of the Town of Southwest Ranches and shall be charged to an application for renewal submitted prior to the expiration date but after the sixty (60) days required by this section. All applications for renewal received after the expiration date shall be processed as a new application and subject to all applicable fees.

(11)

Penalties, offenses, and revocation.

a.

Any certificate of compliance issued pursuant to this article may be denied, revoked, or suspended by the town administrator or his or her designee upon the adjudication of a violation of this article, any town ordinance, or state law by the responsible party, property owner or transient occupant attributable to the property for which the certificate of compliance is issued. Such denial, revocation or suspension is in addition to any penalty provided herein. An advertisement of the property for purposes of a vacation rental shall be deemed sufficient evidence of the use of that property as a vacation rental for purposes of enforcing all sections of this chapter. Citations, as well as other means of enforcement, may be issued to the property owner, the vacation rental representative, the tenant, or any combination of the three (3).

b.

Offenses/violations.

1.

Noncompliance with any provisions of this article shall constitute a violation of this article.

2.

Separate violations. Each day a violation exists shall constitute a separate and distinct violation, except that violations of subsection (7)b., regarding occupancy, shall constitute a single violation for a rental period.

c.

Remedies/enforcement.

1.

Any person violating any of the provisions of this article may be issued a notice of violation by the Town of Southwest Ranches Code Enforcement or Police Department. Each violation shall carry a maximum civil penalty of up to five hundred dollars ($500.00) per violation, plus any applicable administrative costs or fees. A Town of Southwest Ranches Code Enforcement Officer or Police Officer is authorized to issue a citation and not a warning upon first offense.

2.

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

d.

In addition to any fines and any other remedies described herein or provided for by law, a special magistrate may suspend a vacation rental certificate of compliance in accordance with the following:

1.

Suspension time frames.

(a)

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

(b)

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

(c)

For each additional violation of this article the vacation rental certificate shall be suspended for an additional thirty (30) calendar days up to a maximum period of twelve (12) months. For example, the fifth violation shall be for three hundred ninety-five (395) calendar days; the sixth violation shall be for four hundred fifteen (415) calendar days, and so on.

(d)

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

2.

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

(a)

The suspension shall begin immediately following notice, commencing either:

i.

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

ii.

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

(b)

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

(c)

An application for a renewal may be submitted during the period of suspension; however, no certificate of compliance may be issued for the vacation rental until the period of suspension has expired.

(12)

Complaints. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written or oral complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the town administrator or his or her designee. Complaints can be emailed to code@southwestranches.ord or at 954-434-0008. The town administrator or his or her designee shall promptly record such complaint, investigate, and take action thereon in accordance with this article and any other applicable chapter of the Town of Southwest Ranches Code of Ordinances.

(13)

Enforcement. The provisions of this article shall be enforced as provided in article VII, Code Enforcement, of the Town of Southwest Ranches Code of Ordinances.

(Ord. No. 2005-005, § 4(045-030), 4-14-2005; Ord. No. 2006-01, §§ 4, 5, 10-6-2005; Ord. No. 2006-12, § 2, 5-11-2006; Ord. No. 2006-13, § 4, 6-1-2006; Ord. No. 2006-18, §§ 2, 3, 7-6-2006; Ord. No. 2010-08, §§ 2—4, 6-3-2010; Ord. No. 2012-01, § 2, 11-7-2011; Ord. No. 2015-002, § 2, 12-11-2014; Ord. No. 2015-006, § 6, 9-15-2015; Ord. No. 2017-012, § 2, 9-28-2017; Ord. No. 2021-015, § 2, 9-23-2021; Ord. No. 2021-016, § 2, 9-23-2021; Ord. No. 2023-008, § 2(Exh. A), 9-14-2023)

Editor's note— Ord. No. 2023-008, § 2(Exh. A), adopted Sept. 14, 2023 set out provisions intended for use as § 045-030(X). Inasmuch as there were already provisions so designated, said section has been codified herein as § 045-030(Y) at the discretion of the editor.

No person shall occupy or allow occupancy of any dwelling space in the A-1 and A-2 districts, other than as provided in this section.

(A)

Requirements for dwelling space in the A-1 and A-2 districts.

1.

Each dwelling shall have a minimum habitable room area of not less than two hundred-fifty (250) square feet for the first occupant and not less than one hundred-sixty (160) square feet for each additional occupant, of which sixty (60) square feet shall be bedroom area, forty (40) square feet shall be dining area, and sixty (60) square feet shall be living area, provided that no habitable room except kitchens shall be less than seventy (70) square feet in area.

2.

Every room in a dwelling occupied by more than one (1) occupant shall have a habitable room area of at least sixty (60) square feet for each occupant.

3.

Every dwelling unit shall have a minimum of twelve (12) square feet of floor area as closet space for the first bedroom and six (6) square feet of floor area as closet space for each additional bedroom. Kitchen closet space shall not be considered as meeting this requirement.

(B)

Requirements for dwelling space in the rural districts.

(1)

The minimum floor area of a one-family dwelling in the rural districts shall be fifteen hundred (1,500) square feet.

(C)

Basic sanitary facility requirements in the agriculture and rural districts.

(1)

Each dwelling shall have not less than one (1) flush water closet, one lavatory basin and one bathtub or shower for each six (6) persons, or fraction thereof, residing in the dwelling.

(2)

Urinals shall not be substituted for water closets.

(3)

All toilet and bath facilities shall be accessible from the interior of the dwelling unit, with the exception of pool cabanas and showers.

(Ord. No. 2005-005, § 4(045-040), 4-14-2005)

Plots in rural and agricultural districts may be used for one (1) or more of the uses that are specified below as being permitted or conditionally permitted uses:

(Ord. No. 2005-005, § 4(045-050), 4-14-2005; Ord. No. 2006-12, § 3, 5-11-2006; Ord. No. 2006-15, § 2, 6-1-2006; Ord. No. 2012-01, § 2, 11-7-2011; Ord. No. 2017-03, § 3, 2-23-2017; Ord. No. 2023-009, § 4, 9-14-2023)

Editor's note— Ord. No. 2017-03, § 3, adopted Feb. 23, 2017, changed the title of § 045-050 from "Uses permitted" to read as herein set out.

Any use not expressly permitted in section 045-050, "Uses permitted," of this article is prohibited.

(Ord. No. 2005-005, § 4(045-060), 4-14-2005)

(A)

Agricultural districts.

(1)

Any plot in an agricultural district shall have at least one (1) dimension of two hundred fifty (250) feet.

(2)

No plot within an agricultural zoning district shall be developed for residential use unless the plot contains two (2) net or two and one-half (2½) gross acres of plot area, unless the plot satisfies one (1) of the exceptions listed in subparagraphs (A)(2)a. through (A)(2)f. below, in addition to subparagraph (A)(2)g.:

a.

Became undersized due to a right-of-way dedication or change in district regulations prior to the adoption of the ordinance from which this ULDC is derived; or

b.

Is specifically designated on a plat approved by the board or county commissioners prior to May 16, 1979; or

c.

Was of public record prior to May 16, 1979, and has not been at any time since the effective date of county Ordinance No. 79-34 (May 30, 1979), contiguous with another parcel in common ownership that could be combined into a single parcel of at least two (2) net acres, and which has received the approval of the applicable agency for a sewage disposal system; or

d.

Is exempted from the minimum plot size requirement under the "Developed Areas" provision of the comprehensive plan; or

e.

Was of public record as of October 6, 2005, and became nonconforming as a result of Town Ordinance No. 2006-02 (see section 010-030, definition of "acre, net"), which excluded access easements and reservations from counting towards net plot area; or

f.

Was of public record as of March 2, 2006, and became nonconforming as a result of Town Ordinance No. 2006-06 (see section 010-030, definition of "acre, net"), which excluded drainage canals and lakes from counting towards net plot area; and

g.

Has not, at any time subsequent to May 8, 2003, been under common ownership with a contiguous lot that, if combined, would form a single conforming lot (this provision does not apply to "developed areas" under subsection (A)(2)d. of this section).

(B)

Rural ranches district. Every plot in a RR district shall be not less than one-hundred twenty-five (125) feet in width and shall contain not less than two (2) net or two and one-half (2½) gross acres unless the plot satisfies one (1) of the plot size exceptions established in subparagraphs (A)(2)b., (A)(2)c., (A)(2)d., (A)(2)e., or (A)(2)f. and subject to subparagraph (A)(2)g. of this section, or has a minimum area of eighty thousand (80,000) square feet in net area, of record as of February 8, 1993.

(C)

Rural estate district.

(1)

Every plot in an RE district shall be not less than one hundred twenty-five (125) feet in width and contain not less than one (1) net acre. One-family dwellings may be permitted on smaller plots which satisfy one (1) of the exceptions listed below in subparagraphs (C)(1)a. through (C)(1)g. in addition to satisfying subparagraph (C)(1)h.:

a.

Contain thirty-five thousand (35,000) square feet or more in net area and are not less than one hundred twenty-five (125) feet in width and:

1.

Were of public record prior to September 18, 1979; and

2.

Have not been at any time since September 18, 1979, contiguous with another plot in common ownership which could be combined into a single plot of at least one (1) gross acre; or

b.

Are included within an approved plat in which the average density is not more than one (1) dwelling unit per gross acre, as defined in the comprehensive plan; or

c.

Comply with requirements of exemptions for developed areas specified in the comprehensive plan; or

d.

Were of public record as of October 6, 2005, and became nonconforming as a result of Town Ordinance No. 2006-02 (see section 010-030, definition of "acre, net"), which excluded access easements and reservations from counting towards net plot area; or

e.

Was of public record as of March 2, 2006, and became nonconforming as a result of Town Ordinance No. 2006-06, (see section 010-030, definition of "acre, net"), which excluded drainage canals and lakes from counting towards net plot area; or

f.

Was of public record as of April 28, 2022, and on such date became nonconforming or thereafter became noncompliant with this ULDC as a result of Town Ordinance No. 2022-011 (see section 010-030, definition of "acre, net"), which excluded certain surface water management areas and drainage easements from counting toward net plot area, provided that such lot of record made nonconforming or noncompliant shall not be reduced in area; or

g.

When a plot which was recorded prior to January 1, 1973, and contained thirty-five thousand (35,000) square feet or more in area was reduced in size due to dedication for right-of-way, the resulting plot need be no larger than one hundred twenty-five (125) feet in width and thirty thousand (30,000) square feet in net area. Said plot shall not be further subdivided; and

h.

Has not at any time subsequent to May 8, 2003, been under common ownership with a contiguous lot that, if combined, would form a single conforming lot (this provision does not apply to "developed areas" under subsection (A)(2)d. of this section).

(D)

Rural ranches-A district. Every plot in a RR-A district shall be not less than one hundred twenty-five (125) feet in width and shall contain not less than two and one-half (2.5) net acres in area.

(Ord. No. 2005-005, § 4(045-070), 4-14-2005; Ord. No. 2006-02, § 3, 10-6-2005; Ord. No. 2006-06, § 3, 3-2-2006; Ord. No. 2008-05, § 3, 3-6-2008; Ord. No. 2022-011, § 3, 4-28-2022; Ord. No. 2022-013, § 4, 8-11-2022)

(A)

The combined area occupied by all buildings and roofed structures shall not exceed twenty (20) percent of the area of a plot in A-1, A-2, and RE districts, ten (10) percent of the area of a plot area in the RR district, and eight (8) percent of the area of a plot in the RR-A district, less any public or private street right-of-way.

(1)

Plot coverage for enclosed structures on plots designated agricultural on the future land use plan map shall not exceed ten (10) percent, in accordance with the maximum permitted floor area ratio of one-tenth (0.10) as established by the adopted comprehensive plan.

(2)

The aforesaid limitations shall not apply to nonresidential farm buildings. To the extent that a noncommercial farm applicant needs to exceed the plot coverage limitation, the applicant must follow the review procedures set forth in article 155, "Noncommercial farm special exceptions". The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

To encourage the use of roof eaves for energy efficiency and for better quality home and structural design, in all zoning districts, a two and a half (2.5) percent plot coverage bonus shall be given provided that the principal structure maintains a roof eave that extends at least two (2) feet beyond the exterior face of the exterior wall, along at least ninety (90) percent of the perimeter of the principal structure. Notwithstanding the aforementioned, and notwithstanding the total area of the plot, in no event shall the plot coverage bonus be used for anything except for open air roof overhangs or open air structures, and in no event shall the plot coverage bonus exceed two thousand five hundred (2,500) square feet. For any plot that can be legally subdivided pursuant to the standards of section 045-070, the plot coverage bonus shall be calculated as if the plot has been subdivided to the maximum extent possible, unless the owner records a Unity of Title in the Public Records of Broward County, Florida making the plot undividable consistent with the intent of this subsection.

(B)

The minimum pervious area shall be forty (40) percent of the plot area for plots under two (2) net acres in area, and sixty (60) percent of the plot area for plots of two (2) net acres and greater in area. The pervious area calculation shall be for the entire plot less any public or private street right-of-way in the agricultural and rural districts.

(Ord. No. 2005-005, § 4(045-080), 4-14-2005; Ord. No. 2006-16, § 2, 6-1-2006; Ord. No. 2014-005, § 2, 7-24-2014; Ord. No. 2015-002, § 2, 12-11-2014; Ord. No. 2015-006, § 7, 9-15-2015; Ord. No. 2022-013, § 5, 8-11-2022)

No building or structure, or part thereof, shall be erected or maintained to a height exceeding thirty-five (35) feet, except as permitted by section 015-030, "Exclusions from height limits," and article 40, "Telecommunications Towers and Antennas." To the extent that a noncommercial farm applicant needs to exceed the maximum height, the farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice. This section does not apply to nonresidential farm buildings.

(Ord. No. 2005-005, § 4(045-090), 4-14-2005; ; Ord. No. 2015-002, § 2, 12-11-2014; Ord. No. 2015-006, § 8, 9-15-2015)

All plots in agricultural and rural districts shall maintain yards for all buildings, structures and accessory uses not less than the following, except as provided in section 015-100, "Yard encroachments". This section does not apply to nonresidential farm buildings.

(A)

Yard footage requirements for noncommercial farms. Any building or roofed structure, pen or coop or fish breeding tank used for the shelter, housing or keeping of animals, birds, fowl, poultry or fish shall be subject to a fifty (50) foot yard requirement, including veterinary clinics, veterinary hospitals, and kennels. To the extent that a noncommercial farm applicant needs to decrease the yard, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice. If a noncommercial farm is granted a yard reduction, it shall have a buffer consisting of an opaque fence or wall, hedge or berm to a minimum height of six (6) feet.

(B)

Front yard. A front yard of at least fifty (50) feet must be provided. To the extent that a noncommercial farm applicant needs to reduce the yard, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

(C)

All other yards. On all remaining sides of any plot or portion thereof, there shall be a yard of at least twenty-five (25) feet. To the extent that a noncommercial farm applicant needs to decrease the required yard, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice. If a noncommercial farm is granted a yard reduction, it shall have a buffer consisting of an opaque fence or wall, hedge or berm at a minimum height of six (6) feet.

(D)

Minimum separation. The minimum separation for all dwellings, buildings and roofed structures shall be ten (10) feet.

(Ord. No. 2005-005, § 4(045-100), 4-14-2005; Ord. No. 2015-002, § 2, 12-11-2014; Ord. No. 2015-006, § 9, 9-15-2015)

Editor's note— Ord. No. 2015-006, § 10, adopted Sept. 15, 2015, repealed § 045-110, which pertained to discontinuance of farm operations and derived from Ord. No. 2005-005, § 4(045-110), 4-14-2005.

The E-1 and E-2 districts are hereby repealed and replaced with the RE and RR districts, respectively. All lands zoned E-1 and E-2 are hereby rezoned and redesignated RE and RR districts, respectively, as of the effective date of the ordinance from which this ULDC is derived.

(Ord. No. 2005-005, § 4(045-120), 4-14-2005)

Land within the Ivanhoe Estates Plat zoned PUD as of the date of adoption of the ULDC is hereby rezoned and redesignated RE, rural estates district, and the PUD district is hereby repealed. Any lawfully erected structure made nonconforming by this section may expand within the existing building envelope.

(Ord. No. 2005-005, § 4(045-130), 4-14-2005)

(A)

Notwithstanding any provision to the contrary, the land area within an easement for ingress/egress and utilities on a developed lot shall count toward satisfaction of all dimensional requirements of this article if the town requires the easement to be granted for the purpose of fully accommodating a town capital improvement to an existing street. A lot shall be considered "developed" for the purpose of this section if a principal structure exists on the plot or the town has issued a building permit that is still valid for same as of February 24, 2011.

(B)

The intent of this section is to ensure that easements granted to the town pursuant to subsection (A) do not create or exacerbate nonconformities as to the dimensional regulations of this article within developed plots from which the easements are granted, and that such plots shall continue to enjoy the same degree of compliance with such regulations as existed prior to the granting of the easement.

(Ord. No. 2011-06, § 3, 2-24-2011)

The following shall constitute commercial zoning districts for the purpose of this ULDC, and shall implement the commercial future land use plan designation:

(Ord. No. 2005-005, § 4(050-010), 4-14-2005)

(A)

The CB, community business district is intended to meet the shopping and service needs of the entire town community and beyond, and to accommodate establishments and services catering to the business community not used by residents on a regular basis. The CB district is intended for properties located at the intersection of roads functionally classified in the comprehensive plan as arterial roadways, where high traffic volumes are present at the town's edges.

(B)

The MUS, rural government mixed-use service district is intended to provide land area for government and civic facilities, rural neighborhood-oriented retail and office uses that are accessory to the government and/or civic uses, and that specifically support the town's rural population and equestrian community. The MUS district shall be located as directed by the comprehensive plan, and is considered compatible with agricultural and rural uses, as the permitted MUS district uses are consistent with the town's rural character, and a public open space buffer is required within any part of a MUS district development abutting agricultural and rural zoning districts.

(Ord. No. 2005-005, § 4(050-020), 4-14-2005)

(A)

Alcoholic beverage establishments. Any establishment selling or dispensing alcoholic beverages or allowing on-premises consumption of alcoholic beverages must comply with all requirements of article 25, "Alcoholic Beverages and Adult Entertainment Establishments."

(B)

Display of products for sale. All products displayed for sale shall be located within a building, except that vehicles for sale or rental may be displayed and stored outside, and produce, plants, lawn and garden equipment may be displayed and stored outside, provided the display and storage is located at least fifty (50) feet from any agricultural or rural district, is not within any required landscape buffer, and is subject to the schedule of permitted uses. Such outside display areas shall be enclosed as required by article 75, "Landscaping Requirements," for outdoor storage areas in commercial districts. At least one (1) side of the display and storage area shall be contiguous to the principal building to which it is accessory. Stocking of the produce or plants for pick-up by customers shall be done internally or through a single gate at a designated off-street loading area.

(C)

Dumpsters and dumpster enclosures. Dumpsters and dumpster enclosures shall be provided in accordance with section 015-070, "Dumpster enclosures."

(D)

Landscaping. All buildings and uses shall provide landscaping and buffers in accordance with article 75, "Landscaping Requirements."

(E)

Off-street parking. All buildings and uses shall provide off-street parking, loading areas and lighting in accordance with article 80, "Off-Street Parking and Loading."

(F)

Nonconforming buildings, uses and plots. Any building, use or plot that has been established as legally nonconforming, or which becomes legally nonconforming, shall be subject to provisions of article 30, "Nonconforming Uses, Structures and Plots."

(G)

Required yards.

(1)

Front yard: Thirty-five (35) feet.

(2)

Side yard, interior: Determined by required landscape buffer width.

(3)

Side yard, corner: Thirty-five (35) feet.

(4)

Rear yard: Determined by required landscape buffer width.

(5)

Any yard abutting an agricultural or rural district shall have a minimum dimension of fifty (50) feet in the CB district, one hundred (100) feet within the MUS district, and five hundred (500) feet for any outdoor recreation structure or use permitted in the CB districts and not permitted within the OSR district, unless a greater yard is required for a specific use in this yard shall be dedicated as public open space. A landscape buffer as required by article 75, "Landscaping Requirements," shall be provided along the perimeter of any required yard under this subsection.

(6)

Plots with cul-de-sac frontage shall comply with the frontage requirement of section 090-070, "Lots, generally."

(7)

The frontage of a plot along an arterial shall comply with section 090-080(B), "Access to development."

(H)

Fences, walls and hedges. Maximum height shall be eight (8) feet within required yards. The use of barbed wire, razor wire or electrified fencing is prohibited. Every fence that is installed or replaced subsequent to the enactment of this subsection, shall be erected with a finished side facing outward toward other properties and rights-of-way, such that all posts, rails and other structural members are contained on the inside of the fence, and the exterior of the fence is equal to or better than the inside of the fence in the quality of its appearance. This provision shall not be applicable to fences being installed to maintain livestock when best management practices dictate that the unfinished side of the fence should face outward to help to ensure that the livestock is maintained.

(I)

Signs. Signage is subject to provisions in article 70, "Sign Regulations," except as provided in section 050-080(V) for MUS district uses.

(J)

Use of residential streets or residentially zoned property for access. No privately owned land within the agricultural or rural districts, nor any public or private streets, other than a trafficway, upon which residential plots directly abut, shall be used for driveway or vehicular access purposes to any plot in a commercial district.

(K)

Activities of permitted uses. All activities of permitted uses shall be conducted within an enclosed building, except as follows, and subject to the requirements of section 050-080, "Limitations of uses."

(1)

Principle uses that can occur outdoors are limited to the following, and are also permitted, where applicable, as accessory uses:

a.

Amphitheater;

b.

Rodeo arena;

c.

Lawn and garden shop;

d.

Outdoor event;

e.

Plant or produce sales, farmers market;

f.

Recreation and open space facilities and activities customarily located outdoors;

g.

Gasoline stations (fuel dispensing);

h.

Mobile food units and wayside stands.

(L)

Restrictions on mobile homes placed on plots during construction. One (1) mobile home may be placed upon a plot to be used as a construction office, upon issuance of a building permit for the construction of a building or addition thereto. Such mobile home may not be utilized for dwelling purposes. The mobile home shall be removed from the property prior to issuance of a certificate of occupancy or after one (1) year, whichever occurs first. The town administrator may grant one (1) extension for a maximum six (6) months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress, such that construction can reasonably be completed within the six-month extension period. A decision of the town administrator to deny the request for extension may be appealed to the town council subject to the requirements of article 135, "Appeals of Administrative Decisions." Placement of the mobile home shall be in compliance with all minimum yard requirements.

(M)

General provisions shall apply. All provisions of article 15, "General Provisions," shall apply.

(Ord. No. 2005-005, § 4(050-030), 4-14-2005; Ord. No. 2017-012, § 3, 9-28-2017)

Permitted principal uses in all commercial districts shall be limited to those uses specified in the master business list as being permitted or conditionally permitted uses, and uses determined by the town administrator to be similar to a permitted use in terms of use type, intensity and compatibility with adjacent uses, provided that the use is not first permitted in a more intense zoning district. All other uses shall be prohibited. Permitted uses shall be subject to the applicable provisions of section 050-080, "Limitations of uses." Specific subsection references are included in the following master business list:

Master Business List

Conditional use regulations are found in article 35, "Conditional uses."

(Ord. No. 2005-005, § 4(050-040), 4-14-2005; Ord. No. 2013-03, § 2, 10-25-2012; Ord. No. 2017-03, § 4, 2-23-2017)

Editor's note— Ord. No. 2017-03, § 4, adopted Feb. 23, 2017, changed the title of § 045-050 from "Permitted uses" to read as herein set out.

The following are the minimum plot size in the CB and MUS districts.

(A)

One (1) acre in the CB district, except as specified for specific uses in section 050-080, "Limitations of uses."

(B)

Five (5) acres in the MUS district.

(Ord. No. 2005-005, § 4(050-050), 4-14-2005)

(A)

The maximum plot coverage is thirty-five (35) percent of the net acreage

(B)

The maximum floor area ratio is one-quarter (0.25).

(C)

The minimum pervious area is thirty (30) percent of the net acreage.

(Ord. No. 2005-005, § 4(050-060), 4-14-2005)

(A)

No building or structure located less than one hundred (100) feet from any residential plot shall be constructed to a height exceeding twenty (20) feet.

(B)

A maximum height of thirty-five (35) feet is permitted with a minimum setback of one hundred (100) feet from an agricultural or rural district.

(Ord. No. 2005-005, § 4(050-070), 4-14-2005)

(A)

Accessory dwellings. A single accessory dwelling shall be permitted only for caretaker or security quarters for the property where the dwelling is located, only where customary, and subject to the availability and allocation of a flexibility or reserve unit by ordinance or resolution of the town council in accordance with the comprehensive plan. An accessory dwelling unit shall not exceed fifteen hundred (1,500) square feet in gross floor area or fifty (50) percent of the gross floor area of the building in which the unit is located, whichever is less. Such dwelling unit shall be located within the building to which the dwelling is accessory, in a separate building, or in the MUS districts, in a mobile home.

(B)

Automobile, truck and sports utility vehicle accessories; sales and installation. All activities associated with facilities for the sale and installation of accessories such as stereos, trim, wheels, wheel covers, bedliners, etc., and including interior vehicle modifications, shall be conducted inside an enclosed building.

(C)

Auto repair garages. All service and repair activities shall be conducted within an enclosed building. Any building or portion thereof used for automobile repair, including paint and body shops, and any storage area for vehicles being or to be repaired, shall be located at least seventy-five (75) feet from any residential plot. Automobile paint and or body shops shall only be permitted as an accessory use to new vehicle dealerships. Small dent repair not involving the use of painting, sanding, body fillers, chemicals or mechanical equipment shall be considered the same as auto repair garages and shall be permitted in the CB districts.

(D)

Child care centers and preschools. All child care centers and preschools shall be designed to accommodate an outdoor play area that is separated and buffered from off-street parking areas, drive aisles, streets and alleys. Such play areas shall be completely enclosed with a fence at least five (5) feet in height.

(E)

Maximum floor area within the MUS district. The following uses within the MUS district shall be limited to 5,500 square feet of gross floor area for such individual use:

(1)

Animal grooming parlor;

(2)

Bank or financial institution;

(3)

Bakery, retail;

(4)

Delicatessen;

(5)

Florist;

(6)

General store, rural;

(7)

Kennel, animal boarding or breeding;

(8)

Offices, business and professional;

(9)

Post office or private mail facility;

(10)

Feed and tack store;

(11)

Package delivery service;

(12)

Restaurant, full-service;

(13)

Veterinary clinic;

(14)

Veterinary hospital.

(F)

Gasoline stations.

(1)

The minimum plot size for any gasoline station shall be twenty-two thousand five hundred (22,500) square feet, with a minimum street frontage on each street of one hundred fifty (150) feet.

(2)

No gasoline pump island shall be closer than twenty-five (25) feet from any plot line or street line.

(3)

Gasoline stations can locate on the same plot with convenience stores, fast food restaurants, automatic drive-through carwashes, and automotive repairs, excluding paint and body repairs, and other service uses typically associated with retail gasoline sales. If repairs are performed on the premises, the use shall be subject to subsection (C) of this section.

(G)

General store, rural.

(1)

Accessory motor fuel sales is prohibited.

(2)

A rural general store shall carry a balanced inventory of goods for sale, which shall include the following items at a minimum: hardware; confections; household items that consumers use frequently or require on short notice; gifts and crafts, clothing and equestrian supplies; beverages; and over-the-counter pharmaceutical items.

(3)

A general store must comply with any design requirements adopted by the town council.

(4)

Free-standing signage may include a sandwich board sign or a monument sign constructed of wood consistent with any adopted design standards.

(5)

Window signage is limited to one "open/closed" sign and the store hours, which signage shall not exceed six (6) square feet in area.

(6)

Wall signage shall not be backlit, but may be lit by shielded lamp lighting above or below the wall sign consistent with article 95, "Outdoor Lighting Standards."

(7)

The lettering on signage shall be executed in a font consistent with a traditional western theme.

(H)

Kennels, animal boarding or breeding. Boarding or breeding kennels shall not be permitted on any plot which is contiguous to, or which is separated only by a street, alley, canal, or powerline right-of-way from any residential plot, and shall be located at least five hundred (500) feet from a residential plot.

(I)

Mobile collection centers.

(1)

No mobile collection center shall be closer than five hundred (500) feet from any residential plot, nor closer than one hundred (100) feet from any street.

(2)

The minimum length of any trailer shall be twenty (20) feet and no trailer shall exceed forty (40) feet in length.

(3)

Only one (1) trailer shall be located on a single plot.

(4)

One (1) sign shall be permitted, mounted on the outside of the trailer. The sign may state the name of the business, address, telephone number and hours of operation.

(5)

All mobile collection centers, with the exception of mechanical depositories, shall be staffed by at least one (1) employee during hours of operation.

(6)

There shall be a one thousand-foot separation between mobile collection centers pursuant to section 005-200, "Separations and other measurements."

(J)

Mobile food units.

(1)

Mobile food units shall be permitted to remain on private property for the purpose of selling food products for a maximum of one (1) hour, and shall not return to the same location more than three (3) times in any twelve (12) hour period. A person in compliance with all requirements of this subsection may make sales to occupants of abutting property from vehicles temporarily stationary on a street only during the time they are actively making such sales, providing no impediment or hazard to vehicular or pedestrian traffic is created.

(2)

Mobile food units may be permitted on private property with the written authorization of the property owner. Only one (1) unit shall be permitted on any individual plot. Such units shall not remain at any location for more than eight (8) consecutive hours.

(3)

The owner of a mobile food unit shall obtain a certificate of use. At the time of application for the certificate of use, the applicant shall submit proof of compliance with applicable state laws and proof of general liability insurance coverage in the minimum amount as currently established or as hereafter adopted by resolution of the town council from time to time, which includes product liability coverage, which shall be maintained for the duration of business operations within the town.

(K)

Parts stores, retail. All storage and display of parts shall be inside a building. No vehicle parts salvage operations shall be permitted.

(L)

Restaurants, fast food. Outside play areas for children provided at fast food restaurants shall be enclosed by walls or fences. The wall or fence design must be compatible in design, materials and color with the main structure. Between any such area and adjoining sidewalks, parking spaces or other vehicular use areas, a landscape strip of no less than five (5) feet shall be provided, containing trees and shrubs maintained at three (3) feet minimum height. Play equipment shall be limited to a maximum height of ten (10) feet or the height of the building fascia, whichever is lower. There shall be no access to or from the play area except through the interior of the restaurant.

(M)

Skateboard facilities and skating rinks. Only indoor skateboard facilities and skating rinks shall be permitted in the CB district.

(N)

Swimming pool supplies. Except for bulk quantities of sodium hypochlorite, all swimming pool chemicals, including prepackaged chemicals, shall be dispensed strictly through retail sales and shall be stored within a completely enclosed structure.

(O)

Trade or vocational schools. Trade or vocational schools involving vehicle or equipment repair instruction shall be on a plot which is at least three hundred (300) feet from any residential plot.

(P)

Valet parking. Valet parking is allowed at commercial establishment subject to an annual license approved by the town administrator or designee.

(1)

Requirement. No person shall operate a valet parking service unless licensed annually by the town to do so. Such license shall be nontransferable.

(2)

A person wanting to utilize a valet parking service must apply in writing to the town for a valet parking service license. The application must be completed by the commercial property owner to be benefitted by the proposed valet parking service. The applicant must provide the following information:

a.

Contact information. The names, address and telephone numbers of:

1.

The applicant; and

2.

Any independent contractor the applicant intends to use as a valet parking operator.

b.

Location. The proposed location of any:

1.

Valet parking podium;

2.

Stand;

3.

Sign.

c.

Valet areas, location and number. The location and number of the valet areas;

d.

Off-street parking information. The location of the off-street parking area or facility the valet parking operator intends to use for the storing of vehicles, and a signed contract or agreement showing that the valet parking operator has acquired the legal right to store vehicles in that area or facility; and

e.

Proof of insurance.

(3)

Fees. The annual fee for a valet parking service license per valet area, and the maximum amount of such fee, shall be set by resolution of the town council.

(4)

Denial. The town administrator shall deny any application if:

a.

The applicant fails to comply with any of the requirements of this chapter or any other applicable law;

b.

The applicant makes any false statement of material fact on the valet parking service application;

c.

The town administrator determines that the operation of a valet parking service at the applied for location would:

d.

Endanger the health, safety or welfare of persons or property;

e.

Unreasonably interfere with pedestrian or vehicular traffic;

f.

Unreasonably interfere with the use of any pole, sign, fire hydrant, traffic signal or any other object already permitted at or near the proposed valet parking service location;

g.

Unreasonably interfere with any other permitted use permitted at or near the proposed valet parking service location;

h.

Not be in compliance with the submitted and approved operation plan;

i.

Otherwise not be in the public interest.

(5)

Revocation. The town administrator may revoke an existing valet parking service license for any reason with thirty (30) days written notice.

(6)

In addition to any other requirements of this chapter, any valet parking operator authorized by the town to provide valet parking service shall comply with the following requirements:

a.

Traffic plan. The valet parking operator shall submit a written traffic plan, approved by the town administrator, which shows in detail the operation of the valet service, including, but not limited to, the size, shape, and location of the valet parking area and the size, shape, location, and support of any signage;

b.

Compliance with plan. The parking operator shall operate in accordance with the submitted and approved plan;

c.

Key control booth. The valet parking operator shall maintain a key control booth at all valet parking locations until all cars have been claimed, or must provide an alternative method for customers to obtain their keys;

d.

Loading or unloading of passengers. The valet parking operator shall not load or unload passengers or store cars except as allowed by this section;

e.

Storage of cars prohibited. The valet parking operator shall not store cars in the valet areas. A vehicle is considered stored if it remains in the valet areas or zone for more than fifteen (15) minutes;

f.

Compliance with applicable laws. The valet parking operator shall comply with all applicable federal, state, and local statutes, laws, ordinances, rules, and regulations relating to traffic safety;

g.

Articles of incorporation. If incorporated, the valet parking operator shall provide the town with a copy of its articles of incorporation;

h.

New application requirement for a change. A licensee wishing to change its location, size, or hours of operation must submit a new application to the town administrator.

i.

Prohibition of interference with traffic flow. The valet parking operator shall not interfere with the regular flow of pedestrian or vehicular traffic; and

j.

Notification of fee. The valet parking operator shall maintain a sign adjacent to the valet area that identifies the fee for the valet parking service or states that such service is free, the operator's corporate name, address and telephone, all in not less than one and one-half (1½) inch letters. This information must also be printed on the customer's portion of the valet ticket.

k.

Traffic control devices. The town may require the licensee (at its sole cost and expense) to set up the appropriate traffic control devices as approved by the town in order to facilitate the movement of traffic in an expeditious manner. No traffic control devices or signage of any kind shall be placed upon or within traffic lanes without the prior approval of the town administrator.

(7)

Threat to public safety. If, in the determination of the town administrator, a valet parking operation creates or contributes to an unsafe or hazardous condition, or impacts adjacent streets or sidewalks to the extent that it threatens the safety of vehicular and/or pedestrian movement in the area, then the town administrator may require the valet parking operator to provide, at its sole cost and expense, off-duty, uniformed public safety officers to direct traffic in the traffic lanes adjacent to the valet parking zone. If, in the sole determination of the town administrator, the hiring of such officers to direct traffic does not adequately address the threat to public safety, then the town administrator, in the interest of protecting the public health, safety, and welfare, may order the termination of the valet parking service at a particular location until the threat to public safety has been adequately addressed.

(Q)

Veterinary hospital. Veterinary hospitals shall not be permitted on any plot which is contiguous to a residential plot or which is separated from a residential plot only by a street, alley, powerline right-of-way, or canal, and shall be located at least five hundred (500) feet from a residential plot.

(R)

Warehouses, self-storage.

(1)

Self-storage warehouses shall only be used for self-service storage. No businesses shall be permitted to operate from, or be licensed at, the facility. No personal activities, such as, but not limited to, hobbies, arts and crafts, woodworking, repair, restoration, or maintenance of vehicles, machinery or equipment, etc., shall be permitted.

(2)

Outside storage areas for boats and vehicles shall be located on the interior of the facility, not visible from any adjacent property or street.

(3)

Storage bay doors on any perimeter building shall not face any abutting property located in an agricultural or rural zoning district.

(S)

Hours of use. Any business or use that is subject to this subsection (S) as stipulated within the master business list shall not operate after 10:00 p.m.

(Ord. No. 2005-005, § 4(050-080), 4-14-2005; Ord. No. 2013-03, § 3, 10-25-2012; Ord. No. 2017-03, § 5, 2-23-2017)

The B-3, intense commercial business district is hereby repealed and replaced with the CB, community business district. All lands zoned B-3 are hereby rezoned and redesignated CB as of the effective date of the ordinance from which this ULDC is derived.

(Ord. No. 2005-005, § 4(050-090), 4-14-2005)

(A)

Intent. The US Highway 27 Planned Business District ("US 27 District") is intended to facilitate a limited range of light industrial and business uses along the US 27 corridor that are not a threat to the potable water quality of the Biscayne Aquifer or to the peaceful enjoyment of residential properties to the east.

It is the further the intent of this district to coordinate access, circulation, buffering and screening, utilities, drainage, and design among parcels within the US 27 corridor through a master development plan, and to utilize the flexibility of the master development plan process to coordinate certain development standards with locational contexts and the unique impacts of different land uses.

(B)

Applicability. This zoning district shall only be applied to property designated US Highway 27 Business Category on the future land use map. The provisions of this article, together with policies under objective 1.8, the permitted uses in the future land use element of the comprehensive plan, and master development plans approved pursuant to this article shall govern the use and development of land within this district.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

(A)

Unauthorized use. No land or improvements thereon shall be used for any purpose other than as provided in this section. Further, no land shall be used for any use not authorized by an approved master development plan for a given parcel or tract.

(B)

Permitted uses. Uses followed by a "P" are permitted, subject to compliance with all applicable conditions for the use set forth in section 051-030.

(C)

Special exception uses. Uses followed by an "SE" are special exception uses that require town council approval pursuant to the procedures and requirements of article 112—Special exception uses, with an additional required finding that the use does not involve chemicals, substances or byproducts that are combustible, carcinogenic, biohazardous, or are otherwise toxic to humans or animals.

(D)

Prohibited uses. Uses followed by an "NP" are prohibited.

(E)

Unlisted uses. An unlisted use may be permitted if it is not a listed permitted, conditional, special exception, or prohibited use in any district, pursuant to the findings and procedures of this subsection.

(1)

The town council may approve a use that it finds is similar to a listed special exception use in this district upon consideration of an application for similar special exception use that shall follow the process for special exception uses in article 112.

(2)

The town administrator may approve a use upon finding the use similar to a listed permitted use in this district subject to the following requirements:

(a)

Finding that the use possesses similar characteristics to a permitted use in this district, including but not limited to operating hours, emission of noise, odor, dust, smoke or other particulates, vibration, and glare. Approval of a similar use may be made subject to any master plan and site plan conditions that are applicable to the similar use, or as deemed appropriate by the town administrator to mitigate potential incompatibilities with residential uses.

(b)

The use shall not involve chemicals, substances or byproducts that are combustible, carcinogenic, biohazardous, or that are otherwise toxic to humans or animals.

(c)

The town administrator shall provide written notice to all town council members the intent to authorize the similar use. If no councilmember files a written objection with the town administrator within ten (10) business days, the town administrator may approve the use.

(d)

If by the end of the ten (10)-day period any councilmember files an objection, the use may only be approved as a special exception use.

(F)

Schedule of uses. The schedule in this subsection enumerates those uses that are permitted, prohibited and subject to special exception permit.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

(A)

Noise compatibility.

(1)

The town may require a noise study for any use subject to this subsection in the table of permitted uses, and any other use, equipment or machinery that may be expected to generate noise detectable beyond the property line. The study shall identify the anticipated noise impact from the proposed use at the nearest point of the lot line of the receiving residentially zoned property ("impact location").

(2)

The impact analysis shall consider the level of sound that would be generated by the proposed use, as well as its temporal characteristics (how it varies with time) and its spectral characteristics ((how it varies over frequency). If the projected noise from the proposed use or proposed modifications to an existing use exceed either five (5) dB above the average daytime ambient sound level or fifty-five (55) dB at the impact location, the noise study shall include recommendations to mitigate the noise impacts. Design and construction recommendations shall be incorporated in the design of all plans submitted for town approval. All use-related recommendations shall be made part of the approved site plan, an enforceable agreement approved as to form by the town attorney, the certificate of use, or a combination of these. The fifty-five (55) dB noise threshold shall be corrected to fifty (50) dBA for sources emitting a discrete tone as defined in ANSI S.13, and shall be corrected to fifty (50) dBA for noise sources that are of an impulsive character as defined in ANSI S.13.

(3)

Acceptable methods of sound attenuation may include limitations on the proposed scope of a use or its operations, deliberate site design, sound walls, acoustic blankets or insulation, and other measures or combinations of same acceptable to the town.

(4)

In determining whether to require a noise study, the town shall consider the applicability of previous studies, distance of the noise source from residentially zoned parcels, intermediate conditions such as intervening land uses and land cover, site design characteristics, existing noise walls or other attenuation measures, and any other factors the town deems relevant.

(5)

The town may inspect construction pursuant to approved sound attenuation plans to verify strict compliance with the plans and may test the effectiveness of the sound attenuation measures to verify attainment of the approved noise reduction levels.

(6)

The applicant shall be responsible for full cost recovery relating to the town's use of acoustical consultants.

(B)

Noise violations.

(1)

Notwithstanding the town's noise ordinance set forth in chapter 9 of the Code of Ordinances, the operation of lawful uses in this district between the hours of 7:00 a.m and 10:00 p.m. on weekdays, and from 8:00 a.m. to 10:00 p.m on weekends and holidays for which town administrative offices are closed, shall not constitute a violation of chapter 9. Lawful use includes, at a minimum, use of land in compliance with this chapter, the approved master plan and site plan, and any limitations including noise attenuation measures made part of, or required for, any town approval.

(2)

Use of outside loudspeakers and other amplified sound is specifically prohibited unless the town determines that such use is adequately addressed in the noise study.

(C)

Outdoor storage-screening. Outdoor storage shall be screened on all open sides by an eight (8)-foot opaque enclosure unless otherwise approved by the town council. The outside perimeter of such enclosures facing, or visible from a bordering public street shall meet the requirements in subsection 051-040(O).

(D)

Fuel storage as an accessory use.

(1)

On plots of three and one-half (3.5) acres or more in area, one (1) fuel storage tank up to one thousand one hundred (1,100) gallons capacity is permitted for servicing vehicles or equipment used in the regular course of business and for backup generators.

(2)

The town council may permit additional fuel storage by special exception permit upon demonstration that the larger tank is necessary for the reasonable operation of the business, provided that the total amount of fuel storage within the master plan shall not exceed three hundred (300) gallons multiplied by the number of net acres zoned US 27 District within the master plan.

(3)

Above ground tanks shall be protected on all sides from vehicular impact and potential windstorm-driven debris damage to ensure the continued integrity of the tank, as shall be demonstrated on the site plan to the satisfaction of the town council. The tank and enclosure shall be screened with a hedge on all sides visible from public rights-of-way and adjoining zoning districts.

(4)

Underground tanks shall be installed to a depth of at not less than 12 inches above the future projected average wet season groundwater elevation established in Broward County Ordinance No. 2017-16 as may be amended from time to time, or the South Broward Drainage District control elevation, whichever is higher.

(5)

All tanks shall comply with the installation, containment, inspection and other requirements of article 27, chapter 10, "storage tanks" of the Broward County Code of Ordinances, as may be amended from time to time.

(E)

Watchman's quarters. One (1) dwelling unit is permitted accessory to a principal use on the plot for exclusive occupancy by a guard or night watchman. The unit may be constructed as part of a principal nonresidential building or a separate building. Use of a mobile home for watchman's quarters is permitted by special exception permit only.

(F)

Sale of chemicals. Retail sale of chemicals that are combustible, flammable, carcinogenic, biohazardous, or are otherwise toxic to humans or animals is permitted when pre-packaged and sealed from the factory in containers designed and intended for retail sale to individual consumers, in quantities that are incidental to the sale of other goods, comprising not more than fifteen (15) percent of inventory at any one (1) time. Wholesale of such chemicals is prohibited.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

(A)

Generally. The US Highway 27 Business District is a planned development district that provides the flexibility for the applicant to propose certain development standards for evaluation by the town council, based upon site location, site configuration and proposed use.

(B)

Setbacks. Setbacks for each parcel shall be established by the master development plan.

(C)

Pervious area. Each master plan shall provide at least 25 percent pervious area. Abutting property not zoned US 27 District, that meets the requirements in subsection (I) for an offsite landscape buffer, may be shown on the master plan and counted toward the pervious area requirement of this subsection rather than that of the abutting property.

(D)

Separation from local streets, rural land uses. There shall be no nonresidential, nonagricultural building, structure, parking, storage or use within two hundred (200) feet of SW 209 ^th Avenue and 210 ^th Terrace, nor shall there be any such structure, parking, storage or use within two hundred (200) feet of any parcel with a rural land use plan designation, unless such parcel is under unified control with the parcel designated US Highway 27 Business. Open space use, including buffers and drainage retention for a US Highway 27 Business use, is not subject to this restriction.

(E)

Access. Access to development from public streets shall be limited to US 27, Stirling Road and Griffin Road. Access to US 27 shall be in accordance with a master access management plan approved by the Florida Department of Transportation (FDOT) for the entire US 27 corridor within the town. The town will not approve a plat application for property fronting US 27 until the applicant has submitted the plat to FDOT for review and obtained approval.

(F)

Floor area ratio (F.A.R.). The overall F.A.R. within a master plan shall not exceed three-quarter (0.75).

(G)

Height. No building or structure shall exceed forty (40) feet in height, measured to the highest point on the building, including parapets and roof-mounted equipment, provided that the town council may authorize up to eight (8) additional feet of height after consideration of a line-of-site study demonstrating that the additional height will not adversely affect any property with a rural land use plan designation.

(H)

Parking and loading. All buildings and uses shall provide off-street parking and loading facilities in accordance with article 80, "off-street parking and loading."

(I)

Landscaping and screening. The landscaping requirements of article 75, shall apply except as otherwise provided in this article, provided that:

(1)

The town council may recognize a permanent offsite, upland vegetated area as satisfying a perimeter buffer requirement when it functions as an equivalent to a required buffer, and its permanence and upkeep are guaranteed by an enforceable agreement deemed acceptable by the town attorney. The intent of this provision is to encourage a forested buffer between development on the east side of US 27 and residential properties to the east.

(2)

The master development plan shall include a street tree and understory planting program for the edge of the highway corridor.

(J)

Design. Building facades that are visible from a public street shall, to the greatest extent possible, be lined with office, retail, service, and other types of habitable space with fenestration, utilizing Florida Vernacular architecture of Caribbean or Cracker style, or a combination thereof. This architecture generally promotes generous roof overhangs, colonnades and sloped standing seam metal roofs. Pleasing architecture and building placement shall emphasize and showcase the building(s). The town council may approve variations in architectural style that are consistent with the town's rural character. However, stucco walls in combination with flat, unarticulated rooflines or Mediterranean-style tile roofs that are typical of commercial development in South Florida are prohibited as a means of complying with the architectural requirement for building facades that are visible from a public street.

(K)

Lighting. Outdoor lighting shall comply with article 95, with the following exceptions:

(1)

Ambient outdoor lighting impacts shall be further mitigated by limiting the height of parking lot lighting fixtures to twenty-five (25) feet.

(2)

An applicant may petition the town council for a waiver of the requirement to provide parking lot lighting based upon limited hours of operation. The town council may approve the request subject to recordation of an enforceable agreement, approved as to form by the town attorney, that limits hours of operation and indemnifies the town.

(L)

Water and sewer. No permit for the construction of any building or roofed structure may be issued until the development is connected to, or the subject of a binding agreement for, connection to municipal water and sewer systems. No certificate of occupancy, temporary or otherwise, may be issued until the property is served by municipal water and sewer.

(M)

Signs. The standards and requirements of article 70 shall govern signage. For the purpose of determining permissible freestanding sign height and area in section 070-080, table 70-1, the "non-shopping center" standards shall be used, and distance from edge of pavement shall be based upon US 27 (not any frontage road). The design of signage shall compliment the building architecture and site design.

(N)

Dumpsters. Dumpsters and dumpster enclosures shall be provided in accordance with section 015-070, "dumpster enclosures."

(O)

Fences, walls and hedges. Fences and walls shall not exceed eight (8) feet in height unless specifically authorized on the approved site plan. The outside perimeter of fencing and walls visible from public rights-of-way shall be lined with a continuous hedge maintained at a height of at least six (6) feet unless the town council waives the requirement upon finding that the fencing is of architectural or decorative quality, such as aluminum, iron or aesthetically commensurate material. Hedges are not limited in maximum height. The use of barbed wire and razor wire is prohibited on fences facing public rights-of-way.

(P)

Wireless communication facilities. Wireless communication facilities are subject to provisions in article 40, "telecommunications towers and antennas."

(Q)

Definitions. Definitions for certain terms used in this article are located in article 10, "definition of terms."

(R)

Nonconforming buildings uses and plots. Any building, use or plot that has been established as nonconforming, or which becomes nonconforming, shall be subject to provisions of article 30, "nonconforming uses, structures and plots."

(S)

Property maintenance. Buildings and properties shall be maintained in accordance with article 20, "property maintenance and junk or abandoned property."

(T)

Construction trailers. One (1) mobile home may be placed upon a plot to be used as a construction office, upon issuance of a building permit for the construction of a building or addition thereto. Such mobile home may not be utilized for dwelling purposes. The mobile home shall be removed from the property prior to issuance of a certificate of occupancy or after one (1) year, whichever occurs first. The town administrator may grant one (1) extension for a maximum six (6) months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress, such that construction can reasonably be completed within the six (6) month extension period. A decision of the town administrator to deny the request for extension may be appealed to the town council subject to the requirements of article 135, "appeals of administrative decisions." Placement of the mobile home shall be subject to all minimum yard requirements.

(U)

General provisions. In addition to the general provisions herein, buildings, uses and properties shall be subject to the requirements of article 15, "general provisions."

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

(A)

Procedure. Rezoning to US 27 District shall follow the procedure in article 130, "zoning map amendments," and the additional requirements in this section.

(B)

Unified control. All land included in an application for rezoning to US 27 District shall be owned by or be under the complete control of the applicant, whether the applicant be an individual, partnership, corporation, other entity, group, or agency.

(C)

Master development plan. A master development plan, containing the information required in this section, shall be made part of the rezoning ordinance. The master development plan shall be prepared by a professional engineer, architect or landscape architect licensed in the State of Florida to scale. To the extent that an application involves parcels for which specific development plans do not yet exist, the master development plan shall reserve these parcels for later amendment through the rezoning process. The following information is required for a master development plan.

(1)

Tier I information requirements, applicable to the entire master plan:

(a)

Dimensioned boundaries and legal description for the property to be rezoned, and dimensions of abutting rights-of-way.

(b)

A master circulation and access plan showing the location and width of public and private streets and their rights-of-way, and the location of access points to the external and internal thoroughfare network.

(c)

A master utilities plan, including conceptual stormwater drainage.

(d)

Architectural style standards for all buildings. The applicant shall be responsible for cost-recovery pertaining to the town's use of an architectural consultant to review the architectural standards and advise the town council.

(e)

Thematic landscape treatment of US 27 frontage, including a street tree and understory planting program. Specific development sites within the master plan may provide additional landscaping and buffering to compliment the US 27 edge treatment.

(f)

Typical buffer treatment along parcel lines that abut other zoning districts.

(g)

Delineation and area of lots and parcels if the master development will be subdivided.

(h)

An analysis of the adequacy of police, fire, municipal water and municipal sewer facilities for serving the master plan area.

(2)

Tier II information requirements, pertaining to development sites within the master plan. Tier II information for future phases may initially be indicated on the master plan as conceptual or preliminary, to be refined as development plans progress. Alternatively, areas of the master plan may be labeled as reserved for future amendment.

(a)

The proposed use(s) of each parcel or site (ex: retail, office and warehouse, refrigerated storage, etc.).

(b)

Location, floor area, dimensions, and number of stories of each building and structure.

(c)

Orientation and placement of loading doors and loading zones.

(d)

Location of areas for outdoor storage, refrigeration equipment, generators, and fuel tanks larger than 200 gallons both above and below ground.

(e)

Site-specific landscape buffers.

(D)

Site plan requirements. Each site plan application shall conform with the approved master plan and shall comply with the site plan provisions in article 120 and this subsection. The following information is required to demonstrate compliance with the US Highway 27 Business land use category of the comprehensive plan and this article:

(1)

The application shall provide a detailed description of the processes, activities, equipment, and materials involved in the proposed use(s) of the property, and an analysis identifying any use and storage of chemicals or fuel, and identify any causes of noise, dust, smoke or other particulates, vibration, glare, or odor. Certain uses may require provision of more detailed information at time of building permit and certificate of use. See also, noise compatibility in subsection 051-030(A).

(2)

The application shall detail how the site plan design and proposed uses will minimize the need for police and fire services. By way of example, site design may use crime prevention through environmental design principals, commercial uses that are associated with loitering may avoid late night operating hours, and businesses may provide on-site security.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

Amendments to an approved master development plan shall be by ordinance and shall follow the same process set forth herein for rezoning to the US 27 Business District. Master plan amendments for new phases or modifications to an existing phase may be processed concurrently with associated site plans and site plan modifications.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

All development in the district shall proceed in accordance with the site plan review and subdivision approval provisions of this chapter. Site plan and subdivision approval shall be granted only for developments that conform to the approved master development plan and stipulations made a part thereof.

(Ord. No. 2021-007, § 2(Exh. A), 2-11-2021)

(A)

The M, manufacturing and industrial district is intended for manufacturing and industrial uses, some of which involve the use, handling and storage of hazardous materials, or require a substantial amount of open air storage area. The M district shall not be located within one thousand (1,000) feet of any existing agricultural or rural zoning district and is not appropriate in proximity to existing commercial business districts or community facility districts. Any property zone M district should be surrounded by other properties with existing industrial or utility zoning.

(Ord. No. 2005-005, § 4(055-010), 4-14-2005)

The M-4 district is hereby repealed and replaced with the M, manufacturing and industrial district. All lands zoned M-4 are hereby rezoned and redesignated M as of the effective date of the ordinance from which this ULDC is derived.

(Ord. No. 2005-005, § 4(055-020), 4-14-2005)

(A)

Alcoholic beverage establishments. Any establishment selling or dispensing alcoholic beverages or allowing on-premises consumption of alcoholic beverages must comply with all requirements of article 25, "Alcoholic Beverage and Adult Entertainment Establishments."

(B)

Dumpsters and dumpster enclosures. Dumpsters and dumpster enclosures shall be provided in accordance with section 015-070, "Dumpster enclosures."

(C)

Landscaping and buffers. All buildings and uses shall provide landscaping and buffers in accordance with article 75, "Landscaping Requirements."

(D)

Off-street parking. All buildings and uses shall provide off-street parking, loading areas and lighting in accordance with article 80, "Off-Street Parking and Loading."

(E)

Yards and plot dimensions.

(1)

No minimum yard is required for the construction or erection of any building or structure except where a landscape buffer is required by article 75, "Landscaping Requirements."

(2)

Plots with cul-de-sac frontage shall comply with the frontage requirement of section 090-070, "Lots; generally."

(3)

The frontage of a plot along an arterial shall comply with section 090-080(B), "Access to development."

(F)

Fences, walls and hedges. Maximum height of fences and walls is ten (10) feet, except for penal institutions or detention facilities, which shall not be subject to a maximum fence or wall height limitation.

(1)

The use of barbed wire, razor wire or electrified fencing abutting existing zoning districts other than industrial and utility districts is prohibited.

(2)

Fences, walls and hedges may be required for buffering and screening purposes under article 75, "Landscaping Requirements," and as otherwise required herein. There shall be no height limitation for hedges.

(3)

Every fence that is installed or replaced subsequent to the enactment of this subsection, shall be erected with a finished side facing outward toward other properties and rights-of-way, such that all posts, rails and other structural members are contained on the inside of the fence, and the exterior of the fence is equal to or better than the inside of the fence in the quality of its appearance.

(4)

This subsection shall not be applicable to fences being installed to maintain livestock when best management practices dictate that the unfinished side of the fence should face outward to help to ensure that the livestock is maintained.

(G)

Signs. All buildings and uses shall be subject to provisions in article 70, "Sign Regulations."

(H)

Use of premises without buildings. Except for vehicle, equipment or bulk material storage yards, all permitted uses shall be conducted from a building on the plot which building shall be a minimum of one hundred fifty (150) square feet in area and shall contain permanent sanitary facilities.

(I)

Use of residential streets and residentially zoned property for access. No privately owned land or public or private street upon which residentially zoned properties directly abut shall be used for driveway or vehicular access purposes to any plot in the M district.

(J)

Wireless communication facilities. Wireless communication facilities shall be subject to provisions in article 40, "Telecommunications Towers and Antennas."

(K)

Definitions. Terms used herein are defined in article 10, "Definition of Terms."

(L)

Nonconforming buildings, uses and plots. Any building, use or plot that has been established as nonconforming, or which becomes nonconforming, shall be subject to provisions of article 30, "Nonconforming Uses, Structures and Plots."

(M)

Property maintenance. Buildings and properties in the M district shall be maintained in accordance with article 20, "Property Maintenance and Junk or Abandoned Property."

(N)

Storage yards. Open air storage shall be delineated on an approved site plan.

(O)

Restrictions on mobile homes placed on plots during construction. One (1) mobile home may be placed upon a plot to be used as a construction office, upon issuance of a building permit for the construction of a building or addition thereto. Such mobile home may not be utilized for dwelling purposes. The mobile home shall be removed from the property prior to issuance of a certificate of occupancy or after one (1) year, whichever occurs first. The town administrator may grant one (1) extension for a maximum six (6) months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress, such that construction can reasonably be completed within the six-month extension period. A decision of the town administrator to deny the request for extension may be appealed to the town council subject to the requirements of article 135, "Appeals of Administrative Decisions." Placement of the mobile home shall be in compliance with all minimum yard requirements.

(P)

Miscellaneous provisions. In addition to the general provisions herein, buildings, uses and properties shall be subject to the requirements of article 15, "General Provisions."

(Ord. No. 2005-005, § 4(055-030), 4-14-2005; Ord. No. 2017-012, § 4, 9-28-2017)

Permitted principal uses shall be limited to those uses specified as permitted or conditionally permitted uses in the master business list, and uses determined by the town administrator to be similar to a permitted use in terms of use type, intensity and compatibility with adjacent uses. All other uses shall be prohibited. All permitted uses shall be subject to applicable provisions of section 055-080, "Limitations of uses." Specific subsection references for section 055-080 are included in the master business list.

Master Business List

Conditional use regulations are found in article 35, "Conditional Uses."

(Ord. No. 2005-005, § 4(055-040), 4-14-2005; Ord. No. 2017-03, § 6, 2-23-2017; Ord. No. 2017-014, § 3, 9-28-2017)

The minimum plot size is five (5) acres unless a larger area is indicated for a particular use under section 055-080, "Limitation of uses."

(Ord. No. 2005-005, § 4(055-050), 4-14-2005; Ord. No. 2017-03, § 6, 2-23-2017)

(A)

The minimum pervious area shall be determined by the stormwater drainage and retention requirements of the applicable drainage district.

(B)

The maximum floor area ratio is one half (½).

(C)

The maximum plot coverage is fifty (50) percent.

(Ord. No. 2005-005, § 4(055-060), 4-14-2005)

A building or structure may be constructed to a maximum height of one hundred (100) feet.

(Ord. No. 2005-005, § 4(055-070), 4-14-2005)

(A)

Accessory dwellings. A single accessory dwelling shall be permitted only for caretaker or security quarters for the property where the dwelling is located. An accessory dwelling unit shall not exceed fifteen hundred (1,500) square feet in gross floor area or fifty (50) percent of the gross floor area of the building within which the unit is located, whichever is less. Such dwelling unit must be located within the building to which the dwelling is accessory.

(B)

Auto repair garages. Any outside areas used for repairs shall be considered additional work bays which shall be delineated on the approved site plan and which shall require the appropriate amount of off-street parking.

(C)

Automobile, truck and recreational vehicle salvage or wrecking yards. Required off-street parking shall be maintained on the perimeter of any area used for salvage operations, display or storage of parts or vehicles, and shall comply with all requirements of article 80, "Off-Street Parking and Loading." No salvaged vehicles or parts, or any other scrap or salvaged materials shall be stored in such a manner that exceeds the height of the enclosing wall required in section 075-070, "Nonresidential perimeter and vehicular use area landscape requirements."

(D)

Mobile collection centers.

(1)

No mobile collection center shall be closer than fifty (50) feet from any street.

(2)

The minimum length of any trailer shall be twenty (20) feet and no trailer shall exceed forty (40) feet in length.

(3)

Only one (1) trailer shall be located on a single plot.

(4)

Only one (1) sign shall be permitted, mounted on the outside of the trailer. The sign may state the name of the business, address, telephone number and hours of operation.

(5)

All mobile collection centers, with the exception of mechanical depositories, shall be staffed by at least one (1) employee during hours of operation.

(6)

There shall be a one thousand-foot separation between mobile collection centers measured pursuant to section 005-190, "Separations and other measurements."

(E)

Mobile food units.

(1)

Mobile food units shall be permitted to remain on private property for the purpose of selling food products for a maximum of one (1) hour, and shall not return to the same location more than three (3) times in any twelve-hour period. Persons in compliance with all requirements of this subsection may make sales from mobile food units to occupants of abutting property while temporarily stationary on a street actively making such sales, providing no impediment or hazard to vehicular or pedestrian traffic is created.

(2)

Mobile food units may be permitted on private property with the written authorization of the property owner. Such units may not remain at one location for more than eight (8) consecutive hours. Only one (1) unit shall be permitted on any individual plot.

(3)

The owner of a mobile food unit shall obtain a certificate of use, which shall be renewable on an annual basis. At the time of application for the certificate of use, and for each subsequent renewal, the applicant shall submit proof of general liability insurance coverage in the minimum amount as currently established or as hereafter adopted by resolution of the town council from time to time, which includes product liability coverage.

(F)

Offices and showrooms. Offices and showrooms shall be permitted only as an accessory use. Office and showroom space shall not exceed thirty (30) percent of the gross floor area of the principal use. All office and showroom space shall be within the principal building.

(G)

Parts stores, vehicles and boats. No vehicle parts salvage operations shall be permitted except in a salvage or wrecking yard.

(H)

Penal institutions and correctional facilities.

(1)

The minimum distance separation is two thousand five hundred (2,500) feet from any plot in an agricultural or rural district.

(2)

The minimum plot size is twenty (20) acres.

(I)

Recycling facility; trash, garbage and debris processing; transfer station; sanitation companies and waste haulers.

(1)

Includes, but is not limited to, collection, processing (but not disposal or incineration), and transfer of trash, garbage, construction debris, and demolition debris. All materials stored, handled or repackaged on the premises shall either be in containers or stored within a building.

(J)

Restaurants.

(1)

Restaurants shall only be permitted as an accessory use to an industrial complex and shall be located within the principal building on the premises occupying not more than ten (10) percent of the gross floor area.

(2)

Such accessory uses shall comply with separation requirements specified in article 25, "Alcoholic Beverage and Adult Entertainment Establishments," if applicable, except that the separation between alcoholic beverage establishments shall not be less than one thousand (1,000) feet.

(3)

Outside play areas for children shall not be permitted.

(K)

Reserved.

(L)

Swimming pool chemicals. All swimming pool chemicals, including prepackaged chemicals, but except bulk quantities of sodium hypochlorite, shall be dispensed and stored within a structure or enclosure approved by the department of planning and environmental protection.

(M)

Warehouses, self-storage. Self-storage warehouses shall only be used for self-service storage. No businesses shall be permitted to operate from, or be licensed at, the facility. No personal activities, such as, but not limited to, hobbies, arts and crafts, woodworking, repair, restoration, or maintenance of vehicles, machinery or equipment, etc., shall be permitted.

(Ord. No. 2005-005, § 4(055-080), 4-14-2005; Ord. No. 2011-03, § 2, 11-3-2010; Ord. No. 2017-014, § 4, 9-28-2017)

The CF, community facility district is intended to accommodate land uses providing governmentally owned or operated services and facilities, and a limited range of privately owned and operated services and facilities necessary to serve the town or meet the needs of a particular neighborhood. The CF district shall apply only to properties with frontage on, and access to, Griffin Road, Sheridan Street, U.S. Highway 27 and Flamingo Road, provided the council may waive the access requirement if the state department of transportation or county engineering department, as applicable, denies access to one of the listed roadways, and further provided that a nontrafficway street allows for alternative access that the council determines will not negatively impact an adjacent residential area accessing the same street. The CF district is not intended for application to interior residential areas, except as necessary to accommodate town uses and facilities.

(Ord. No. 2005-005, § 4(060-010), 4-14-2005)

(A)

Definitions. Terms used within this article are defined in article 10, "Definition of Terms."

(B)

Dumpsters and dumpster enclosures. Dumpsters and dumpster enclosures shall be provided in accordance with section 015-070, "Dumpster enclosures."

(C)

Landscaping. Except for portions of plots used for farm or noncommercial farm operations, all structures and uses shall provide landscaping in accordance with article 75, "Landscaping Requirements."

(D)

Nonconforming uses and structures. Any use or structure which has been established as a nonconforming use or structure, or which becomes a nonconforming use or structure, shall be subject to provisions of article 30, "Nonconforming Uses, Structures and Plots," except as follows. Existing facilities rezoned to the CF district by Town Ordinance No. 2003-01 shall be considered legal, conforming uses even if they do not satisfy minimum distance separation, minimum or maximum plot area, or dimensional requirements.

(E)

Off-street parking. All structures and uses shall provide off-street parking, loading areas and lighting in accordance with article 80, "Off-Street Parking and Loading."

(F)

Property maintenance. All structures and properties shall be maintained in accordance with standards provided in article 20, "Property Maintenance and Junk or Abandoned Property."

(G)

Required yards and plot dimensions.

(1)

Fifty (50) feet along any street line;

(2)

Twenty-five (25) feet from any interior side property line;

(3)

Fifteen (15) feet from the rear property line;

(4)

Fifty (50) feet from any residential plot line, except for town uses. A landscape buffer as required by article 75, "Landscaping Requirements," shall be provided within the yard.

(5)

The yards required by this section shall also apply to those lands that abut another municipal jurisdiction. Such yards shall be applied in the same manner as if the abutting lands were within the town. Nonresidential farm buildings are exempt the setback requirements of this subsection.

(6)

Any building or roofed structure, pen or coop or fish breeding tank used for the shelter, housing, or keeping of animals, birds, fowl, poultry or fish on a noncommercial farm shall be located not less than fifty (50) feet from any plot line. To the extent that a noncommercial farm applicant needs to decrease the required yard, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice. If a noncommercial farm is granted a yard reduction it shall have a buffer consisting of an opaque fence or wall, hedge or berm to a minimum height of six (6) feet.

(H)

Fences, walls and hedges. Fences, walls and hedges may be erected or planted and maintained to a maximum height of eight (8) feet.

(1)

The use of barbed wire, razor wire or electrified fencing shall be prohibited.

(2)

Fences on farms shall be governed by F.S. ch. 588.

(3)

Every fence that is installed or replaced subsequent to the enactment of this subsection, shall be erected with a finished side facing outward toward other properties and rights-of-way, such that all posts, rails and other structural members are contained on the inside of the fence, and the exterior of the fence is equal to or better than the inside of the fence in the quality of its appearance.

(4)

This subsection shall not be applicable to fences being installed to maintain livestock when best management practices dictate that the unfinished side of the fence should face outward to help to ensure that the livestock is maintained.

(I)

Signs. Installation and maintenance of signs shall be subject to compliance with article 70, "Sign Regulations."

(J)

Animals. Breeding, raising or keeping of animals shall be permitted as follows:

(1)

One (1) animal for each ten thousand (10,000) square feet of plot area. Said restriction on the number of animals, however, shall not apply to household pets as defined in article 10, "Definition of Terms" of this ULDC. Provided that the livestock are not a nuisance pursuant to F.S. § 823.14, the number and types of livestock shall not be restricted on farms in the CF district. Said nuisance determination may also be made by the town's special magistrate who shall consider F.S. § 823.14, case law, and the best management practices of the water management district and the department of agriculture.

(2)

Poultry.

(3)

In addition to the animals in subsections (J)(1) and (J)(2) of this section, the following may be kept on a plot containing a permanent dwelling:

a.

A total of twenty-five (25) birds and fowl, provided such birds or fowl are kept in an enclosure that is at least fifty (50) feet from any plot line;

b.

Dogs, cats and other household pets; and

c.

Wildlife pets as permitted and licensed by the state.

(4)

Offspring under the normal weaning age for the species shall not be included in calculating the number of animals.

(5)

On plots exceeding four and one-half (4½) acres in net area, one (1) additional animal shall be permitted for each ten thousand (10,000) square feet of plot area, if all animals are sheltered, not including hogs and household pets.

(6)

Agricultural uses with livestock or other animals shall fence all areas where animals are allowed access to prevent the animals from accessing streets or adjacent properties.

(K)

Use of residentially zoned property for access. No privately owned land within the agricultural or rural districts shall be used for driveway or vehicular access purposes to any plot in the community facility district unless required for town facilities.

(L)

Wireless communication facilities. Wireless communication facilities shall be subject to article 40, "Telecommunication Towers and Antennas."

(M)

Restrictions on mobile homes placed on plots during construction. One (1) mobile home may be placed upon a plot to be used as a construction office, upon issuance of a building permit for the construction of a building or addition thereto. The mobile home shall be removed from the property prior to issuance of a certificate of occupancy or after one (1) year, whichever occurs first. The town administrator may grant one (1) extension for a maximum six (6) months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress, such that construction can reasonably be completed within the six-month extension period. A decision of the town administrator to deny the request for extension may be appealed to the town council subject to the requirements of article 135, "Appeals of Administrative Decisions." Placement of the mobile home shall be in compliance with all minimum yard requirements.

(N)

Miscellaneous provisions. In addition to the general provisions herein, development within the CF district shall be subject to article 15, "General Provisions."

(Ord. No. 2005-005, § 4(060-020), 4-14-2005; Ord. No. 2015-002, § 3, 12-11-2014; Ord. No. 2015-006, § 11, 9-15-2015; Ord. No. 2017-012, § 5, 9-28-2017)

Permitted uses in the community facilities district shall be limited to those uses specified as permitted or conditionally permitted uses in the master use list. All permitted uses shall be governmentally owned (public) or operated, or not-for-profit, unless otherwise specified. Uses are subject to applicable provisions of section 060-090, "Limitations of uses." Specific subsection references are included in the following master use list:

Master Use List

(Ord. No. 2005-005, § 4(060-030), 4-14-2005; Ord. No. 2017-03, § 7, 2-23-2017)

Editor's note— Ord. No. 2017-03, § 7, adopted Feb. 23, 2017, changed the title of § 060-030 from "Permitted uses" to read as herein set out.

Any use which is not specifically listed, or which by inference is not listed in section 060-040 is prohibited.

(Ord. No. 2005-005, § 4(060-040), 4-14-2005)

All uses within the CF district except for public parks, public safety facilities and town facilities and uses shall be permitted only on properties located a minimum distance of one thousand (1,000) feet from any other property with CF zoning and any nonresidential, nonagricultural land use, measured pursuant to section 005-190, "Separations and other measurements." Any person or entity seeking to rezone property to the CF district for a use regulated under this section shall furnish, to the town, a special purpose survey sealed by a land surveyor certified to the state, indicating the distance between the property proposed for rezoning to the CF district and any property with existing CF district zoning.

(Ord. No. 2005-005, § 4(060-050), 4-14-2005)

(A)

The minimum plot size shall be one (1) net acre with one hundred twenty-five (125) feet of property frontage on a roadway designated in section 060-010 for community facilities, except as follows:

(1)

A lift station may be located on a plot seven thousand five hundred (7,500) square feet or more in area and seventy-five (75) feet or more wide.

(2)

An electrical transformer substation and switching station may be located on a plot not less than two (2) net acres in area.

(3)

Public parks and wireless communication facilities shall be exempt from minimum plot size requirements.

(B)

The maximum plot size shall be five (5) gross acres for all uses except for cemeteries, parks, and primary and secondary public schools, which shall not be subject to a maximum plot size requirement.

(Ord. No. 2005-005, § 4(060-060), 4-14-2005)

(A)

Maximum plot coverage. Properties that have a community facilities land use plan designation and had a zoning designation of I-1 prior to May 9, 2002, shall have a maximum plot coverage of thirty-five (35%) percent. All other properties shall be limited to the plot coverage allowed in the most restrictive of the abutting zoning districts.

(1)

The plot coverage limitation shall not apply to nonresidential farm buildings. To the extent that a noncommercial farm applicant needs to exceed the maximum plot coverage, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions." The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

(B)

Maximum floor area ratio. Properties that have a community facilities land use plan designation and had a zoning designation of I-1 prior to May 9, 2002, shall have a maximum floor area ratio of thirty-five one hundredths (0.35). All other properties shall be limited to a floor area ratio of one-quarter (0.25) except for farms, which are not subject to the requirements of this subsection.

(C)

Minimum pervious area. The minimum pervious area is forty (40%) percent of the net plot area. Any farm that cannot provide the minimum pervious area required herein must comply with all on-site drainage retention and conveyance requirements of the town and applicable drainage district.

(Ord. No. 2005-005, § 4(060-070), 4-14-2005; Ord. No. 2015-002, § 3, 12-11-2014; Ord. No. 2015-006, § 12, 9-15-2015)

The maximum height of buildings and structures (except telecommunication towers and antennas, and nonresidential farm buildings) is thirty-five (35) feet, except that uninhabitable structures within cemeteries shall not exceed twenty (20) feet in height. To the extent that any noncommercial farm applicant needs to exceed the maximum height, the noncommercial farm applicant must follow the review procedures set forth in article 155, "Noncommercial Farm Special Exceptions".

The noncommercial farm applicant must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

(Ord. No. 2005-005, § 4(060-080), 4-14-2005; Ord. No. 2015-002, § 3, 12-11-2014; Ord. No. 2015-006, § 13, 9-15-2015)

(A)

Accessory dwellings. One (1) accessory dwelling per property is permitted for a caretaker or security quarters for cemeteries and properties with a principal agricultural use, and a rectory is permitted accessory to a place of worship, subject to the rules and regulations for flexibility and reserve units in the town's comprehensive plan, when applicable. Each dwelling unit shall not exceed one thousand five hundred (1,500) square feet in gross floor area or fifty (50) percent of the gross floor area of the building in which the unit is located (if applicable), whichever is less, and shall not be less than four hundred (400) square feet in gross floor area.

(B)

Cemeteries.

(1)

In addition to the requirements herein, cemeteries shall comply with requirements in F.S. ch. 497, "Florida Funeral and Cemetery Services Act."

(2)

Cemeteries shall require a minimum plot size of thirty (30) acres, except that cemeteries accessory to a place of worship are permitted on smaller plots, and shall not include any mausoleum or other burial structure. All applications for cemeteries accessory to a place of worship shall be accompanied by an application fee and a site plan, and are subject to approval by the town council after a public hearing notice in accordance with the requirements for site plan approval in article 100, "Application Submittal and Notice Procedures." The town council may approve the application only upon finding that: the proposed cemetery is compatible with the existing natural environment and other properties in the vicinity; that there will be adequate provision for safe vehicular and pedestrian movement in the area that will serve the use; that the site plan provides adequate design, including yards and buffering in order to control any adverse effects of noise, light, dust and other potential nuisances; and that the land area is sufficient, appropriate and adequate for the use as proposed.

(3)

Mausoleums and other burial structures shall be located at least one hundred fifty (150) feet from streets and at least fifty (50) feet from any other plot line.

(4)

Prior to approval of any development order for a cemetery, the applicant shall provide documentary proof from the county health department that the proposed cemetery will meet all state and county health standards.

(5)

One (1) funeral home shall be permitted within a cemetery as an accessory use.

(C)

Community residential facilities. Density for community residential facilities shall be calculated pursuant to section XVI of the adopted town future land use plan, implementation requirements. If the proposed facility is not within an area designated residential by the future land use plan map, any such proposed facility will be subject to availability and allocation of flexibility or reserve units as provided by the future land use element of the comprehensive plan.

(D)

[Schools.} Schools shall be permitted only as an accessory use to a place of worship, except under any of the following three (3) circumstances whereby schools shall be permitted as a principal use:

(1)

The property had an I-1 district zoning classification prior to the adoption of Town Ordinance No. 2003-01, which repealed the I-1 district and changed the zoning classification of properties with such zoning to CF zoning hereunder. This exception is made in recognition that the I-1 district permitted schools as a principal use. It is also noted that properties with an I-1 district zoning classification overlaid a community facility future land use plan designation (see subsection (D)(3) of this section).

(2)

The property had a CF district zoning designation as of the date of adoption of the ordinance from which this ULDC is derived, and:

a.

Is owned by the county school board; or

b.

Is identified for acquisition, improvement and/or construction for school purposes within the county school board's adopted district education facilities plan for fiscal years 2004-05 to 2008-09. This exception is made in recognition of budgetary plans and expenditures made by the county school board for construction of schools within the town.

(3)

The property, as of adoption of the ULDC or at some future date, has both a CF district zoning designation and a community facilities future land use plan map designation. The purpose of this provision is to recognize a difference in permitted intensity of use between the CF district overlaying rural, estate or agricultural future land use plan designations, and the CF district overlaying the community facilities future land use plan designation.

(E)

[Temporary storage.] The temporary storage of shipping containers or tractor trailers is permitted as an accessory use to a developed plot within the CF district, having loading dock facilities designed for semitrailer deliveries, which facility is collecting goods for the distribution to the needy or for individuals recovering from a natural disaster. Notwithstanding the aforesaid, the number of containers or trailers, in aggregate, shall not exceed five (5) at any given time. Said containers and/or trailers shall not exceed twenty-seven hundred (2,700) cubic feet capacity and nine and one-half (9½) feet in height.

(F)

Temporary containers and trailers. Temporary storage of shipping containers or tractor trailers is permitted as an accessory use to a development plot within the CF district having loading dock facilities designed for semitrailer deliveries, which facility is actively collecting goods for the distribution to the needy or for individuals recovering from a natural disaster. The number of containers or trailers, in aggregate shall not exceed five (5) at any given time. Said containers and/or trailers shall not exceed two thousand seven hundred (2,700) cubic feet capacity and nine and one-half (9 ½) feet in height.

(Ord. No. 2005-005, § 4(060-090), 4-14-2005; Ord. No. 2015-006, § 14, 9-15-2015)

Editor's note— Ord. No. 2015-006, § 15, adopted Sept. 15, 2015, repealed § 060-100, which pertained to discontinuance of farm operations in the CF zoning district and derived from Ord. No. 2005-005, § 4(060-100), 4-14-2005.

The OSR, open space recreation district is intended for public outdoor recreational activities and/or preservation of open space. Limited recreational facilities and recreational accessory uses may be located within a building on the same premises. The functional characteristics of the OSR District may be appropriate for location within, or in proximity to, residential areas.

(Ord. No. 2005-005, § 4(065-010), 4-14-2005)

(A)

Definitions. Terms used within this article are defined in article 10, "Definition of Terms."

(B)

Dumpsters and refuse containers.

(1)

Dumpsters located in any OSR district shall only be located on plots where an accessory building is located. Such dumpsters shall be kept within opaque or translucent enclosures and shall not be located within any required yard or buffer. Dumpsters and dumpster enclosures shall be provided in accordance with section 015-070, "Dumpster enclosures."

(2)

Trash receptacles shall be supplied in all areas the town determines are active recreation areas, open to the public. The town shall determine the appropriate number and spacing of such receptacles based upon the characteristics of the recreation area and anticipated draw and usage patterns.

(C)

Landscaping. All buildings, structures and uses shall provide landscaping in accordance with article 75, "Landscaping Requirements," except that no perimeter landscape buffer shall be less than twenty-five (25) feet in depth.

(D)

Nonconforming structures, uses and plots. Any structure, use or plot that has been established as nonconforming, or which becomes nonconforming, shall be subject to the provisions of article 30, "Nonconforming Uses, Structures and Plots."

(E)

Off-street parking. All buildings and uses shall provide off-street parking, loading areas and lighting in accordance with article 80, "Off-Street Parking and Loading."

(F)

Property maintenance. All buildings and properties shall be maintained in accordance with standards provided in article 20, "Property Maintenance and Junk or Abandoned Property."

(G)

Fences, walls and hedges. Fences, walls and hedges may be erected or planted and maintained to a maximum height of eight (8) feet.

(1)

The use of barbed wire, razor wire or electrified fencing shall be prohibited.

(2)

Every fence that is installed or replaced subsequent to the enactment of this subsection, shall be erected with a finished side facing outward toward other properties and rights-of-way, such that all posts, rails and other structural members are contained on the inside of the fence, and the exterior of the fence is equal to or better than the inside of the fence in the quality of its appearance. This provision shall not be applicable to fences being installed to maintain livestock when best management practices dictate that the unfinished side of the fence should face outward to help to ensure that the livestock is maintained.

(H)

Signs. Signs shall be subject to provisions in article 70, "Sign Regulations."

(I)

Permitted uses to provide building; exceptions. Except for boating, botanical gardens, bridle paths, municipal parks, community gardens, foot or bicycle paths, essential services, nature trails, water areas and wireless communication facilities, all plots occupied by permitted uses shall provide a permanent building at least one hundred fifty (150) square feet in floor area, containing an office and sanitary facilities.

(J)

General provisions to apply. All provisions of article 15, "General Provisions," shall apply to the OSR district.

(Ord. No. 2005-005, § 4(065-020), 4-14-2005; Ord. No. 2017-012, § 5, 9-28-2017)

Permitted uses in the OSR district shall be limited to those uses specified as permitted or conditionally permitted uses in the master use list, and similar recreation uses thereto, as determined by the town council. All uses shall be subject to applicable provisions of section 065-080, "Limitations of uses." Specific subsection references are included in the following master use list:

Conditional uses are subject to the provisions of article 35, "Conditional Uses."

(Ord. No. 2005-005, § 4(065-030), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013; Ord. No. 2017-03, § 8, 2-23-2017)

Editor's note— Ord. No. 2017-03, § 8, adopted Feb. 23, 2017, changed the title of § 065-030 from "Permitted uses" to read as herein set out.

Any use not specifically, or by inference, listed in the master use list shall be prohibited.

(Ord. No. 2005-005, § 4(065-040), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013)

Except as specified in section 065-080, "Limitations of uses," the maximum plot coverage by buildings or other roofed structures shall be five (5) percent.

(Ord. No. 2005-005, § 4(065-050), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013)

No building or structure shall exceed twenty (20) feet in height, except wireless communication facilities, or as permitted in section 015-030, "Exclusions from height limits."

(Ord. No. 2005-005, § 4(065-060), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013)

(A)

No off-street parking facility shall be located within twenty-five (25) feet of any residential plot in separate ownership.

(B)

No building or structure, except permitted fences or walls, shall be located within fifty (50) feet of any residential plot, nor within fifty (50) feet of any street line.

(C)

Plots with cul-de-sac frontage shall comply with the frontage requirement of section 090-070, "Lots; generally."

(D)

The frontage of a plot along an arterial shall comply with section 090-080(B), "Access to development."

(Ord. No. 2005-005, § 4(065-070), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013)

(A)

Archery ranges. Target areas for archery ranges shall be at least one hundred fifty (150) feet from any plot line and shall provide barriers sufficient to preclude any intrusion of such activities upon adjacent properties.

(B)

Nonprofit neighborhood social and recreational facilities. Nonprofit neighborhood social and recreational facilities located on plots less than five (5) acres may increase the maximum plot coverage by buildings and roofed structures to a maximum of forty (40) percent.

(C)

Swimming pools. Swimming pools shall be enclosed with a fence or wall a minimum of five (5) feet in height above the ground, measured from the outside of the fence. Fences or walls shall be of such a design and material as will prevent unauthorized access to the pool area. All gates must be equipped with self-closing, self-latching mechanisms. All fences and gates shall comply with all requirements of the building code pertaining to required barriers around public swimming pools.

(D)

Privately owned parks. Privately owned parks are restricted to passive recreation principal use, excluding nonprofit neighborhood social and recreational facilities, and school facilities.

(Ord. No. 2005-005, § 4(065-080), 4-14-2005; Ord. No. 2013-010, § 2, 5-9-2013)