Sunrise City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 16-69.- RS-3 and RS-5 Low Density Single-Family Residential Districts.

(a)

Purpose. RS-3 and RS-5 zoning districts are established for low density residential dwelling units at densities not to exceed three (3) and five (5) units per gross acre, respectively.

(b)

Uses permitted.

(1)

Single-family detached dwellings.

(2)

Publicly-owned recreation buildings and facilities, playgrounds, playfields and parks.

(3)

Family day care home.

(4)

The following uses, if first permitted as a special exception use (see Article III, Special Exception Uses):

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(5)

Uses accessory to any of the above uses. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Lot area; lot coverage; minimum floor area; minimum coverage lot width.

	Minimum Lot Area	Minimum Floor Area	Minimum Lot Width	Percentage of Maximum Lot Coverage (Principal and Accessory Buildings)
RS-3	11,500 sq. ft.	1,800 sq. ft.	80 ft.	40
RS-5	6,000 sq. ft.	1,400 sq. ft.	60 ft.	40
Non-Residential Uses	20,000 sq. ft.	N/A	100 ft.	50

(e)

Pervious area. Minimum landscaped or pervious area—Thirty (30) percent.

(f)

Height. Height not to exceed either two (2) stories or twenty-five (25) feet.

(g)

Density.

(1)

RS-3 district: Density shall not exceed three (3) dwelling units per gross acre or the density permitted by the Sunrise Land Use Plan, whichever is less.

(2)

RS-5 district: Density shall not exceed five (5) dwelling units per gross acre or the density permitted by the Sunrise Land Use Plan, whichever is less.

(h)

Yard setbacks.

(1)

Front yard:

Residential uses: Not less than twenty-five (25) feet in depth from a public right-of-way.

Nonresidential uses: Not less than forty (40) feet in depth from a public right-of-way.

(2)

Side yard:

Residential uses, RS-3 district: At least ten (10) feet in width, provided however, that a developer may choose to provide a seven and one-half (7½) foot yard on one (1) side and a twelve and one-half (12½) foot yard on the other side.

Residential uses, RS-5 district: At least seven and one-half (7½) feet on each side.

Nonresidential uses: Not less than twenty (20) feet in width, with an increase of one (1) foot in width of each side yard for each two (2) feet in height of the structure in excess of twenty (20) feet.

(3)

Corner lots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting the side street.

(4)

Rear yard:

Residential uses: Not less than fifteen (15) feet in depth, except when abutting a waterway or another street (through-lot) where said required yard shall be not less than twenty-five (25) feet. Open mesh screen enclosures shall be set back at least fifteen (15) feet on through-lots.

Nonresidential uses: Every plot whose principal use is nonresidential shall have a yard not less than twenty (20) feet in depth.

(5)

Exception: See subsection 16-235(b) for existing nonconforming setback exception.

(i)

Roof design. A pitched, tile roof, metal tile roof, or standing seam metal roof is required.

(j)

Driveway design. Decorative brick or concrete pavers shall be required for all driveways.

(k)

Affordable Housing Waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of subsection 16-69(i) Roof design and (j) Driveway design, provided that the proposed design is compatible with the surrounding neighborhood. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-07-D, § 1, 12-11-07; Ord. No. 402-09-F, § 2, 5-12-09; Ord. No. 402-16-A, § 2, 1-12-16; Ord. No. 402-22-B, § 2, 7-12-22; Ord. No. 402-23-D, § 3, 12-12-23

Sec. 16-70. - RS-7 Single-Family Planned Development District.

(a)

Purpose. The purpose of the single-family planned development district is to permit variation in lot size, shape, width, depth and building setbacks for single-family home developments in order to provide savings in installation costs, land resources and energy use, to preserve common areas of useable open space, and to provide an incentive for the development of innovative and creative alternatives to the traditional single-family home while ensuring to the greatest extent possible compatibility with adjacent developments and existing neighborhoods. A site plan is required in conformance with article III and the density shall not exceed seven (7) units per gross acre.

(b)

Uses permitted.

(1)

Single-family detached dwellings.

(2)

Family day care home.

(3)

Uses accessory to the above not including any business trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses, if first permitted as a special exception use (see Article III, Special Exception Uses):

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(5)

Uses accessory to any of the above uses.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Minimum plot size. The minimum required plot size for a development in an RS-7 district is three (3) acres.

(e)

Minimum lot size.

(1)

Residential: Not less than fifty (50) feet in width and five thousand (5,000) square feet in area.

(2)

Nonresidential uses: Not less than one hundred (100) feet in width and twenty thousand (20,000) square feet in area.

(f)

Lot coverage. The combined area occupied by all principal and accessory buildings shall not exceed forty (40) percent of the area of the lot.

(g)

Pervious area. Minimum landscaped or pervious area—Thirty (30) percent.

(h)

Height. No building or structure, or part thereof, shall exceed either two (2) stories or twenty-five (25) feet.

(i)

Density. Except as may be otherwise provided herein with respect to "reserve units," the density shall not exceed seven (7) dwelling units per gross acre, or the maximum density allowed by the Sunrise Land Use Plan, whichever is less.

(j)

Minimum floor area. One thousand two hundred (1,200) square feet.

(k)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yard:

Residential uses: Not less than twenty-five (25) feet in depth from the back edge of the sidewalk.

Nonresidential uses: Not less than forty (40) feet in depth from the back edge of the sidewalk.

(3)

Side yard:

Residential uses: There shall be no required side yard setback from property lines. There shall be, however, a minimum distance of fifteen (15) feet between buildings.

Nonresidential uses: On each side, not less than twenty (20) feet in width, with an increase of one (1) foot in width of each side yard for each two (2) feet in height of the structure or fraction thereof in excess of twenty (20) feet.

(4)

Corner plots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting on the side street.

(5)

Rear yard:

Residential and accessory uses: Not less than fifteen (15) feet in depth, except when abutting a waterway or another street (through-lot) where said required yard shall not be less than twenty-five (25) feet.

Nonresidential uses: Not less than twenty (20) feet in depth.

(6)

Exception: See subsection 16-235(b) for existing nonconforming setback exception.

(l)

Guest parking required. A minimum of one (1) parking space provided for each six (6) dwelling units in addition to the parking provided for each individual dwelling unless each dwelling has two (2) non-garage spaces on-site in which case one (1) space shall be provided for each twelve (12) dwelling units. Any additional parking required for a common recreation facility will be determined during site plan review.

(m)

Direct access. All dwellings shall have direct access between the front and rear yards without the need to cross an abutting lot.

(n)

Other design standards. The applicant's site plan application shall demonstrate the following:

(1)

Unified control of the parcel.

(2)

Provision for a homeowners, association to maintain common areas, including berms and perimeter walls. Fence construction (where authorized) within common areas shall require homeowner association approval.

(3)

A well-conceived building location, landscaping and circulation plan prepared by a qualified land planner.

(4)

A pitched, tile roof, metal tile roof, or standing seam metal roof.

(5)

Decorative brick or concrete pavers shall be required for all driveways and walkways to each residential dwelling unit.

(6)

A two (2) car garage shall be required for each residential dwelling unit.

(o)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of subsection 16-70(n) Other design standards, provided that the proposed design is compatible with the surrounding neighborhood. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households, for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-07-D, § 2, 12-11-07; Ord. No. 402-09-F, § 3, 5-12-09; Ord. No. 402-16-A, § 3, 1-12-16; Ord. No. 402-22-B, § 3, 7-12-22; Ord. No. 402-23-D, § 4, 12-12-23)

Sec. 16-71. - RM-10 Low Medium Multifamily Residential District.

(a)

Purpose. RM-10 zoning is established for low-medium density residential uses with a variety of dwelling unit types at a density not to exceed ten (10) units per acre. A site plan shall be required for any parcel unless only one (1) single detached dwelling is to be constructed. Any change of housing type mix will require a site plan or master development plan revision with public hearing.

(b)

Uses permitted.

(1)

Single-family detached dwellings subject to either: 1) the requirements of the RS-7 district, or 2) the zero lot line single-family standards set forth herein.

(2)

Two-family dwelling.

(3)

A two-family dwelling which is designed for the ownership of each dwelling unit by a separate owner.

(4)

Multiple dwelling for three (3) or four (4) dwelling units.

(5)

Townhouses or villas: The maximum number of dwelling units in any one (1) group shall not exceed four (4). For parcels comprising ten (10) or fewer contiguous acres in size, the maximum number of dwelling units in any one (1) group shall not exceed eight (8).

(6)

Family day care homes.

(7)

Special exception uses:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(8)

Uses accessory to any of the above uses not involving the conduct of any business, trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(c)

Uses prohibited. The permitted uses noted above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot.

(1)

Zero lot line single-family dwelling: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in plot area, provided that where zero lot line single-family dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than fifty (50) feet in width and one hundred (100) feet in depth.

(2)

Two-family dwelling: Not less than eighty (80) feet in width and eight thousand (8,000) square feet in area, provided that a two-family dwelling designed for ownership of each dwelling unit by a separate owner may have each unit located on a lot not less than forty (40) feet in width and four thousand (4,000) square feet in area, except that a portion of a common party wall separating two (2) such units may be located on the adjoining lot.

(3)

Townhouses or villas: Not be less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forth-three thousand five hundred sixty (43,560) square feet in plot area, where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit shall be located on a lot not less than twenty (20) feet in width and ninety (90) feet in depth and the site area assigned to individual units shall be shown on the site plan.

(4)

Multiple dwelling: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(5)

Nonresidential uses: Other than an accessory structure or use, not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped area thirty-five (35) percent.

(g)

Height. Shall not exceed either two (2) stories or twenty-five (25) feet, except that: 1) a residential building may be three (3) stories and thirty-five (35) feet high, whichever is less, provided that it is separated from the nearest single-family residential district by at least one hundred (100) feet: and 2) a steeple or tower on a church may extend to a height of not more than fifty (50) feet.

(h)

Density. Except as may be otherwise provided herein with respect to the allowance for "reserve units," the density shall not exceed ten (10) dwelling units per gross acre, or the maximum density allowed by the Sunrise Land Use Plan, whichever is less.

(i)

Minimum floor area and dwelling unit width.

(1)

Single-family dwellings, including zero lot line single-family dwellings, shall be one thousand two hundred (1,200) square feet in area for units with two (2) bedrooms plus one hundred seventy-five (175) square feet for each additional bedroom.

(2)

Two-family, townhouse and villa dwellings shall be one thousand two hundred (1,200) square feet in area for units with two (2) bedrooms plus one hundred seventy-five (175) square feet for each additional bedroom.

(3)

Multiple dwellings shall be eight hundred twenty-five (825) square feet for an efficiency and one (1) bedroom dwelling plus two hundred fifty (250) square feet of living space for each additional bedroom.

(4)

The dwelling unit areas set forth in (1) through (3) above are for interior, air conditioned living space.

(5)

Two-family and townhouse units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and accessory uses: Not less than twenty-five (25) feet in depth.

Nonresidential uses: Not less than forty (40) feet in depth.

(3)

Side yard:

Residential uses: on each side, each of which shall be at least ten (10) feet in width, provided that where a two-family or townhouse dwelling is erected on two (2) platted lots with a dividing party wall centered on the common lot line between the two (2) platted lots, a side yard shall not be required adjacent to and on either side of said common lot line.

Nonresidential use: On each side, not less than twenty (20) feet in width, with an increase of one (1) foot in width of each side yard for each two (2) feet in height of the structure in excess of twenty (20) feet.

(4)

Corner, plots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting on the side street.

(5)

Rear yards:

Residential uses: Not less than twenty (20) feet in depth, except twenty-five (25) feet in the case of through-lots.

Nonresidential uses: Not less than twenty-five (25) feet in depth.

(6)

Between buildings: No part of any two-family, townhouse or multifamily building shall be located closer to any part of another such building than two-thirds (⅔) the height of the taller part, except that no two (2) buildings shall be hereby required to be separated by more than forty (40) feet. Parts of buildings which may be excluded by this Code from the height measurement shall be excluded from this subsection. Separate buildings which are linked together by screen walls, minor structures housing mechanical equipment, storage rooms, and the like, shall be considered to be separate buildings for the purpose of interpreting and enforcing this subsection. Any zero lot line single-family building may be located up to but not closer than ten (10) feet from any other such building which is part of the same development.

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

For the purposes of (1) through (7) above, a "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or a combination of applications some or all of which could not be approved without reference to the others.

(9)

Exceptions: See subsection 16-235(b) for existing nonconforming setback exception.

(k)

Design standards.

(1)

Developments larger than thirty (30) acres shall be designed with an internal collector drive which provides access to parking areas, but which does not provide direct access to individual parking spaces. The collector drive shall include a curbed, landscaped median at least 10 feet in width from outside of curb to outside of curb. The department shall, where possible, require the internal collector drive and other internal circulation drives to be gently curving in order to promote a safe and tranquil environment. Site plans shall include a defined vehicular entryway configured as a square or boulevard or some other distinctive space created by trees, masonry walls, buildings and/or special paving. Development entryways shall be controlled by electronically operated security gates and/or manned guardhouses. Development entryways shall be designed with a curbed, landscaped median and with sufficient stacking and escape capacity for vehicles waiting to clear security or leave without passing through the security screen. At a minimum, "sufficient capacity" shall mean sufficient to ensure that no public rights-of-way will be obstructed. The department may at its discretion adopt and, from time to time, modify administrative rules to provide additional details to govern the design geometrics and the construction details of internal circulation and parking facilities.

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

Common areas shall not be enclosed or encroached upon with a fence, patio or a screen structure for the use of the residents of an individual dwelling unit, unless approved pursuant to the site plan approval process.

(4)

At least seventy-five (75) percent of all units shall have private balconies or patios. The minimum usable area of each balcony and/or patio used to meet this requirement shall be eighty (80) square feet. Balconies shall be designed with a decorative railing.

(5)

Not more than twenty-five (25) percent of all units shall have exposure on just one (1) side. At least fifty (50) percent of all units shall be through-units that have exposure on opposite sides. They shall be equipped on both sides with windows that can open to provide cross ventilation and/or through ventilation.

(6)

Decorative pavers shall be required for project entryways, at the intersections of internal circulation drives, and for all driveways for each garage required pursuant to subsection (11) below.

(7)

Developments with more than fifty (50) dwelling units shall be required to provide recreation amenities including a swimming pool with cabana. Swimming pool size shall be a minimum of seven hundred fifty (750) square feet, or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

(8)

The exterior colors of buildings, trim and other site features shall be subject to the approval of the department. They shall be selected to ensure compatibility among the various colors and a visually tranquil environment and they shall conform to the requirements of section 16-138.

(9)

Buildings shall be designed with enriching details such as shutters, louvers, cupolas, dormers, multiple roof planes, broad overhangs, cast stone sills and/or stucco sills, cast stone and/or stucco window banding, cast stone and/or stucco door moldings, graduated rustication, molding at eaves, quoins, awnings, cast stone and/or concrete caps and moldings on garden walls. The combination and location of such building details shall be subject to the approval of the department.

(10)

Roof design shall be pursuant to the provisions of section 16-140 with the exception of roof material. Tile roofs, metal tile roofs, or standing seam metal roofs with at least a 5:12 pitch are required.

(11)

One (1) garage parking space shall be provided for each residential unit. Undercover pedestrian ways shall be provided between each individual garage and the dwelling unit it serves. Individual garages shall be equipped with automatic openers.

(12)

Mechanical equipment larger than eight hundred (800) cubic inches in volume when measured from its extremities shall not be installed near the entrances to individual dwelling units or approachways to them. This provision shall not apply to essential emergency equipment such as fire extinguishers and alarm boxes.

(13)

Lakes and other detention areas shall be equipped with fountains for aeration and decoration. Fountain spray height shall be a minimum of fifteen (15) feet but not less than twenty-five (25) percent of the shortest dimension of the lake. Maximum spray height shall be limited to fifty (50) feet.

(14)

For the purposes of subsections (1) through (13) above, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or combination of applications some or all of which could not be approved without reference to the others.

(l)

Application of multifamily residential standards to partially completed projects, and affordable housing, and developments that are divided by trafficways.

(1)

Partially completed projects. If a development has a valid building permit or certificate of occupancy for between eighty (80) percent and one hundred (100) percent of the dwelling units allowed under the originally approved site plan, then the department may approve a new, revised site plan which authorizes the balance of the originally allowed units to be developed in accordance with lesser standards than those in place at the time of the new revised site plan. The degree to which such lesser standards are approved shall be at the discretion of the department, provided that in no case shall the department approve standards that are less than those in place at the time the development received its first site plan approval. In determining whether to require the additional development to equal the current standards or whether to allow it to equal the initial standards or whether to allow it to equal standards between the two, the department shall require the highest standards that can be reasonably and practically adhered to. When a reduction from the current standards is sought under this section, it shall be the responsibility of the developer to present substantial competent evidence to support the need for a reduction.

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-71: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (j) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(3)

Development divided by trafficway: In order to facilitate comprehensive planning of a multifamily residential project that is singularly site planned and that is divided by a trafficway, the following minimum standards shall apply:

Townhouses or villas: The maximum number of dwelling units in any one (1) group shall not exceed eight (8).

The minimum building setback (any yard) from any trafficway shall be thirty (30) feet.

A minimum of one swimming pool shall be provided on each portion of the project that is divided by the trafficway, with a minimum surface area of five hundred (500) square feet for each pool.

Internal private drives may be approved with a minimum width of forty (40) feet, when dwelling units are located only on one (1) side of the private drive and the sidewalk is eliminated in order to meet minimum subdivision requirements, at the discretion of the department at the time of site plan approval.

With the exception of the above stated standards, all other minimum requirements of the district shall apply.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-B, § 1, 6-9-98; Ord. No. 402-00-C, § 2, 8-22-00; Ord. No. 402-05-B, § 2, 6-28-05; Ord. No. 402-07-D, § 3, 12-11-07; Ord. No. 402-16-A, § 4, 1-12-16; Ord. No. 402-22-B, § 4, 7-12-22; Ord. No. 402-23-D, § 5, 12-12-23)

Sec. 16-72. - RM-16 Medium Density Multiple-family Residential District.

(a)

Purpose. RM-16 zoning is established for medium density multifamily units at a density not to exceed sixteen (16) units per gross acre.

(b)

Uses permitted.

(1)

Multiple-dwellings not to exceed sixteen (16) units/gross acre.

(2)

Townhouses or villas not to exceed sixteen (16) units/gross acre.

(3)

Uses accessory to the above not including any business trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses if first approved as a special exception use:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

Special exception uses shall conform to all standards explicitly set forth elsewhere in this ordinance plus all standards explicitly set forth for nonresidential uses in this section. Section 16-72, plus all design standards set forth in subsection 16-72(k), to the maximum extent practical as determined by the city pursuant to the special exception review and approval process.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot.

(1)

Townhouses or villas: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in plot area. However, where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit shall be located on a lot not less than twenty (20) feet in width and ninety (90) feet in depth and the site area assigned to individual units shall be shown on the site plan.

(2)

Multiple dwelling: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(3)

Nonresidential uses: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped or pervious area thirty-five (35) percent.

(g)

Height. 1) Not to exceed twelve (12) stories or one hundred twenty (120) feet in height, whichever is less, provided that such buildings are separated from the nearest single-family residential development by at least one hundred (100) feet plus two (2) feet for every foot in height over thirty-five (35) feet and provided that such buildings are separated from the nearest public right-of-way or designated open space by the setback required by section (i) below plus at least two (2) feet for every one (1) foot in height above thirty-five (35) feet; For the purposes of this subsection, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or a combination of applications some or all of which could not be approved without reference to the others.

(h)

Density. Except as may be otherwise provided herein with respect to the allowance for "reserve units," the density shall not exceed sixteen (16) dwelling units per gross acre, or the maximum density allowed by the Sunrise Land Use Plan, whichever is less.

(i)

Minimum floor area and dwelling unit width.

(1)

Townhouse, villa and multiple dwelling units shall be eight hundred twenty-five (825) square feet for an efficiency and one (1) bedroom dwelling plus two hundred fifty (250) square feet of living space for each additional bedroom. These areas are for interior, air conditioned living space.

(2)

Townhouse and villa units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential and accessory uses not at the edge of a development: Not less than twenty-five (25) feet in depth.

Nonresidential uses not at the edge of a development: Not less than forty (40) feet in depth.

(3)

Side yard:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential uses not at the edge of a development: On each side, at least fifteen (15) feet in width for one (1) story structures, and which side yards shall be increased five (5) feet for each floor above the first floor of the building.

Nonresidential uses not at the edge of a development: On each side, not less than twenty-five (25) feet in width and which side yards shall be increased five (5) feet for each floor above the first floor of the building.

Corner plots not at the edge of a development: Upon corner plots there shall be a front yard as hereinbefore specified, and also a side yard at least twenty (20) feet in width on the side of the plot abutting on the side street.

(4)

Rear yards: Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential uses not at the edge of a development: Not less than twenty (20) feet in depth for a one (1) story structure and such rear yard shall be increased five (5) feet for each floor above the first floor of the building.

Residential uses adjacent to recreation, open space, or lakes and other water bodies: Not less than twenty-five (25) feet in depth.

Nonresidential uses not at the edge of a development: Not less than twenty-five (25) feet in depth, and such rear yard shall be increased five (5) feet for each floor above the first floor of the building.

(5)

The depth of "yards not at the edge of a development" shall be measured from public or private right-of-way lines internal to the development.

(6)

Between buildings: No part of any townhouse, villa, or multifamily building shall be located closer to any part of another such building than two-thirds the height of the taller part, except that no two (2) buildings shall be hereby required to be separated by more than forty (40) feet. Parts of buildings which may be excluded by this Code from the height measurement shall be excluded from this subsection. Separate buildings which are linked together by screen walls, minor structures housing mechanical equipment, storage rooms, and the like, shall be considered to be separate buildings for the purpose of interpreting and enforcing this subsection.

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

For the purposes of (1) through (7) above, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or a combination of applications some or all of which could not be approved without reference to the others.

(k)

Design standards.

(1)

Developments larger than thirty (30) acres shall be designed with an internal collector drive which provides access to parking areas but which does not provide direct access to individual parking spaces. The collector drive shall include a curbed, landscaped median at least ten (10) feet in width from outside of curb to outside of curb. The department shall, where possible, require the internal collector drive and other internal circulation drives to be gently curving in order to promote a safe and tranquil environment. Site plans shall include a defined vehicular entryway configured as a square or boulevard or some other distinctive space created by trees, masonry walls, buildings and/or special paving. Development entryways shall be controlled by electronically operated security gates and/or manned guardhouses. Development entryways shall be designed with a curbed, landscaped median and with sufficient stacking and escape capacity for vehicles waiting to clear security or leave without passing through the security screen. At a minimum, "sufficient capacity" shall mean sufficient to ensure that no public rights-of-way will be obstructed. The department may at its discretion adopt and, from time to time, modify administrative rules to provide additional details to govern the design geometrics and the construction details of internal circulation and parking facilities.

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

(4)

(5)

Decorative pavers shall be required for project entryways, the intersections of internal circulation drives, and for all driveways to each garage required pursuant to subsection (11) below.

(6)

Developments with fifty-one (51) to one hundred fifty (150) dwelling units shall be required to provide recreation amenities, including a swimming pool with cabana. Swimming pool size shall be a minimum of seven hundred fifty (750) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

(7)

Developments with more than one hundred fifty (150) dwelling units shall be required to provide recreation amenities including each of the following: common buildings for gatherings, games and other recreation; exercise rooms; saunas; tennis courts; swimming pools and Jacuzzi pools. The minimum size of such facilities shall be as follows:

Common buildings, exercise rooms and saunas in combination: Four thousand (4,000) square feet or fourteen (14) square feet per dwelling unit, whichever is greater;

Swimming pools and jacuzzis in combination: Two thousand (2,000) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

Tennis courts: One (1) tennis court or one (1) tennis court per every two hundred fifty (250) dwelling units or fraction thereof, whichever is greater.

The department may modify the above requirements based on a finding that a different combination of recreation amenities will better serve the residents of the development.

(8)

(9)

(10)

(11)

One (1) garage parking space shall be provided for each residential unit. Individual garages shall be equipped with automatic openers. Parking structures may be used to meet the garage requirement. To the maximum extent feasible, parking structures shall be designed to prevent unauthorized entry; at a minimum, their vehicle and pedestrian entry and exit points shall be equipped with electronically controlled gates or other devices which secure the entire opening. Undercover pedestrian ways shall be provided between each individual garage and/or parking structure space and the dwelling unit it serves.

(12)

(13)

(14)

For the purposes of subsection (1) through (13) above, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or combination of applications some or all of which could not be approved without reference to the others.

(l)

Application of multifamily residential standards to partially completed projects and affordable housing.

(1)

Partially completed projects. For projects which are more than eighty (80) percent complete, the department may approve buildings and site features which meet development standards less than those in place at the time of site plan approval. The degree to which such lesser standards are approved shall be at the discretion of the department, provided that in no case shall the department approve standards that are less than those in place at the time the project was initially developed. In determining whether to require the additional development to equal the current standards or whether to allow it to equal the initial standards or whether to allow it to equal standards between the two, the department shall require the highest standards that can be reasonably and practically adhered to. When a reduction from the current standards is sought under this section, it shall be the responsibility of the developer to present substantial competent evidence to support the need for a reduction.

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-72: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (i) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-B, § 2, 6-9-98; Ord. No. 402-03-D, § 1, 8-26-03; Ord. No. 402-07-D, § 4, 12-11-07; Ord. No. 402-16-A, § 5, 1-12-16; Ord. No. 402-22-B, § 5, 7-12-22; Ord. No. 402-23-D, § 6, 12-12-23)

Sec. 16-73. - RM-25 Higher Density Multiple-family Residential District.

(a)

Purpose. RM-25 zoning is established for higher density condominium or apartment dwellings at a density not to exceed twenty-five (25) units per gross acre.

(b)

Uses permitted.

(1)

Multiple dwellings not to exceed twenty-five (25) units/gross acre.

(2)

Townhouses or villas not to exceed twenty-five (25) units/gross acre.

(3)

Uses accessory to the above not including any business, trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses if first approved as a special exception use:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

Special exception uses shall conform to all standards explicitly set forth elsewhere in this ordinance plus all standards explicitly set forth for nonresidential uses in this section. Section 16-73, plus all design standards set forth in subsection 16-73(k), to the maximum extent practical as determined by the city pursuant to the special exception review and approval process.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot. Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped area thirty-five (35) percent.

(g)

Height. Not to exceed twelve (12) stories or one hundred twenty (120) feet in height, whichever is less, provided that such buildings are separated from the nearest single-family residential development by at least one hundred (100) feet plus two (2) feet for every foot in height over thirty-five (35) feet, and provided that such buildings are separated from the nearest public right-of-way or designated open space by the setback required by subsection (i) below plus at least two (2) feet for every one (1) foot in height above thirty-five (35) feet. For the purposes of this subsection, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or a combination of applications some or all of which could not be approved without reference to the others.

(h)

Density. Except as may be otherwise provided herein with respect to the allowance for "reserve units," the density shall not exceed twenty-five (25) units per gross acre, or the maximum density permitted by the Sunrise Land Use Plan, whichever is less.

(i)

Minimum floor area and dwelling unit width:

(1)

(2)

Townhouse and villa units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential and accessory uses not at the edge of a development: Not less than twenty-five (25) feet in depth.

Nonresidential uses not at the edge of a development: Not less than forty (40) feet in depth.

(3)

Side yard:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Multiple dwellings and accessory uses not at the edge of a development: On each side, at least fifteen (15) feet in width, and such side yards shall be increased five (5) feet for each floor above the first floor of the building.

Nonresidential uses not at the edge of a development: On each side, not less than twenty-five (25) feet in width and such side yards shall be increased five (5) feet for each floor above the first floor level.

Corner plots not at the edge of a development: Upon corner plots there shall be a front yard as hereinbefore specified, and also a side yard at least twenty-five (25) feet in width on the side of the plot abutting on the side street.

(4)

Rear yards: Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential and accessory uses not at the edge of a development: Not less than twenty (20) feet in depth and such rear yard shall be increased five (5) feet for each floor above the first floor of the building.

Residential uses adjacent to recreation, open space, or lakes and other water bodies: Not less than twenty-five (25) feet in depth.

(5)

The depth of "yards not at the edge of a development" shall be measured from public or private right-of-way lines internal to the development.

(6)

Between buildings: No part of any townhouse, villa or multifamily building shall be located closer to any part of another such building than two-thirds the height of the taller part, except that no two (2) buildings shall be hereby required to be separated by more than forty (40) feet. Parts of buildings which may be excluded by this Code from the height measurement shall be excluded from this subsection. Separate buildings which are linked together by screen walls, minor structures housing mechanical equipment, storage rooms, and the like, shall be considered to be separate buildings for the purpose of interpreting and enforcing this subsection.

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

(k)

Design standards.

(1)

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

Common landscape areas shall not be enclosed or encroached upon with a fence, patio or a screen structure for the use of the residents of an individual dwelling unit, unless approved pursuant to the site plan approval process.

(4)

(5)

Decorative pavers shall be required for project entryways, the intersections of internal circulation drives, and for all driveways to each garage required pursuant to subsection (11) below.

(6)

Developments with fifty-one (51) to one hundred fifty (150) dwelling units shall be required to provide recreation amenities, including each of the following: a swimming pool with cabana. Swimming pool size shall be a minimum of seven hundred fifty (750) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

(7)

Developments with more than one hundred fifty (150) dwelling units shall be required to provide recreation amenities including each of the following: common buildings for gatherings, games and other recreation; exercise rooms; saunas; tennis courts; swimming pools and jacuzzi pools. The minimum size of such facilities shall be as follows:

Common buildings, exercise rooms and saunas in combination: Four thousand (4,000) square feet or fourteen (14) square feet per dwelling unit, whichever is greater;

Swimming pools and jacuzzis in combination: Two thousand (2,000) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater;

Tennis courts: One (1) tennis court or one (1) tennis court per every two hundred fifty (250) dwelling units or fraction thereof, whichever is greater.

The department may modify the above requirements based on a finding that a different combination of recreation amenities will better serve the residents of the development.

(8)

(9)

(10)

(11)

(12)

(13)

(14)

For the purposes of subsections (1) through (13) above the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or combination of applications some or all of which could not be approved without reference to the others.

(l)

Application of multifamily residential standards to partially completed projects and affordable housing.

(1)

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-73: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (j) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that all or at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-B, § 3, 6-9-98; Ord. No. 402-03-D, § 2, 8-26-03; Ord. No. 402-07-D, § 5, 12-11-07; Ord. No. 402-16-A, § 6, 1-12-16; Ord. No. 402-22-B, § 6, 7-12-22; Ord. No. 402-23-D, § 7, 12-12-23)

Sec. 16-74. - RP-10 Mobile Home Park District.

(a)

Purpose. The RP-10 Mobile Home Park District is intended to apply to areas to be used for the placement of mobile homes for occupancy as living quarters, wherein the park is owned or operated as a unit and individual spaces are occupied on a rental basis; recreational vehicles are not permitted.

(b)

Uses permitted.

(1)

Mobile home parks for rental of site for occupancy by mobile homes as living quarters, wherein the mobile home park is owned and/or operated as a unit.

(2)

Accessory uses and structures, not including the conduct of any business, occupation or profession. These may include a storage closet at each home side and an administration and/or maintenance building.

(c)

Plot size. Not be less than two hundred (200) feet in width and one (1) acre in area. The required two hundred-foot minimum width need not be measured at a street line if the plot extends to a street by means of a strip at least sixty (60) feet in width.

(d)

Height. Not to exceed one (1) story or fifteen (15) feet, whichever is less.

(e)

Minimum site requirements. A mobile home shall be placed upon a site not less than three thousand two hundred (3,200) square feet in area and not less than forty (40) feet in average width.

(f)

Yard setbacks. Every plot used for a mobile home park purposes shall provide yards as follows:

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards: Not less than twenty-five (25) feet in depth, and this minimum depth of yard shall be provided on all streets upon which the plot abuts.

(3)

Side yards: Not less than ten (10) feet in width.

(4)

Corner plots: Upon corner plots there shall be a front yard as hereinbefore specified, and also a side yard at least twenty-five (25) feet in width on the side of the plot abutting on the side street.

(5)

Rear yards: Not less than fifteen (15) feet in depth, except that there shall be twenty (20) feet setback when abutting a waterway.

(6)

No accessory building or structure shall be placed in any required yard space.

(g)

Density. Except as may be otherwise provided herein with respect to the allowance for "reserve units," the density shall not exceed ten (10) units per gross acre or the maximum density. permitted by the Sunrise Land Use Plan, whichever is less.

(h)

Separation. No part of any mobile home shall be placed within ten (10) feet of any other mobile home. No part of mobile home shall be located within twenty-five (25) feet of any accessory or service building or structure used in connection with a mobile home park.

(i)

Access to sites. Each site shall abut upon a driveway or unobstructed space not less than thirty (30) feet in width, which space shall have unobstructed access to a public street. Such driveway or space shall have a hard surfaced roadway not less than twenty-two (22) feet in width and shall be adequately lighted.

(j)

Porches and additions.

(1)

Structures of a permanent nature added or attached to a mobile home conform to the separation distances in (h) above and such as enclosed porches, screened enclosures, storage closets and carports shall conform to all applicable provisions of the South Florida Building Code, Broward Edition. The total combined area of all such additions or attachments shall not exceed the gross area of the mobile home or travel trailer itself. Carports are not included in the above area limitations, if the width of the site is adequate for separation requirements.

(2)

All portable or demountable awnings, roofs, or appurtenances which do not meet the requirements of (1) above shall be dismantled and stored either within the mobile home or in some permanent building during the following circumstances: within one (1) hour after all hurricane alerts by the U.S. Weather Bureau. If the mobile home or travel trailer is not to be occupied for a period of thirty (30) days or more.

(k)

Health and sanitation.

(1)

Water supply: Potable fresh water and sanitary sewer services shall be available on each site.

(2)

Solid waste removal: Provisions shall be made for the semiweekly removal of all solid waste from the mobile home park.

(3)

Occupancy: The number of occupants of a mobile home shall be limited to the sleeping accommodations for which is was designed.

(4)

The sanitary regulations of the state and county shall be complied with as to all fixtures installed or maintained.

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-75. - R/OS Recreation/Open Space District.

(a)

Purpose. The R/OS Recreation/Open Space District is intended for outdoor recreational activities (and their viewing) but not of a commercial, profit-making nature. The location and buffering of the uses must be such as to protect adjacent housing from balls, noise, lights and traffic.

(b)

Uses permitted.

(1)

Archery range.

(2)

Baseball driving range.

(3)

Basketball, tennis and other court games.

(4)

Cabanas.

(5)

Fishing pier.

(6)

Golf course.

(7)

Golf driving range.

(8)

Boat dock, marinas.

(9)

Lawn bowling.

(10)

Open space or passive parks.

(11)

Playfields.

(12)

Swimming pools.

(13)

Uses and buildings accessory to any of the above uses not involving the conduct of any business, trade, occupation, or profession.

(14)

Special exception use (See Article III): Social, athletic, neighborhood or community club (nonprofit).

Camp grounds, overnight and short term.

Other recreational uses.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Building height. Not to exceed a height of fifty (50) feet.

(e)

Plot size. Not less than one hundred (100) feet in width

(f)

Yard setbacks.

(1)

No parking area shall be located within fifty (50) feet of any residentially zoned property nor within twenty-five (25) feet of any street line.

(2)

No structure, except fences or walls as hereinafter provided, shall be located within fifty (50) feet of any residentially zoned property nor within seventy-five (75) feet of the right-of-way line of a trafficway as depicted on the trafficways plan as amended from time to time, or within twenty-five (25) feet of any other street right-of-way line.

(3)

No building or roofed portion of any structure shall be located within twenty-five (25) feet of any plot line.

(4)

No required open space, yard or setback area shall be used or developed for any purpose other than by landscaping and by the minimum amount of walkways and/or driveways reasonably necessary to serve the permitted OS District uses.

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-76. - CR Commercial Recreation District.

(a)

Purpose. The CR Commercial Recreation District is intended for outdoor and indoor recreational facilities of a commercial profit-making nature. A site plan is required to assure a location and buffering to protect adjacent housing from balls, lights, noise and traffic.

(b)

Uses permitted.

(1)

Baseball batting cage.

(2)

Boat dock.

(3)

Cabanas.

(4)

Fishing pier.

(5)

Golf course.

(6)

Golf driving range.

(7)

Passive parks.

(8)

Playfields.

(9)

Swimming pools.

(10)

Tennis and other courts.

(11)

Uses and buildings accessory to and of the above uses including uses of a commercial nature.

(12)

The following uses if first approved as a special exception use (See Article III, Special Exception Uses):

Miniature golf course.

Sports stadium.

Skating rink.

Archery range.

Marine with no-wake zone that meets Broward County standards.

Bowling alley.

Race tracks (dog and horse).

Camp grounds, overnight and short term.

Jai alai Frontons.

Restaurants in conjunction with the primary recreation use.

Other commercial sports facilities.

Hotels and motels in conjunction with the primary recreation use.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Building height. Not to exceed fifty (50) feet unless the building is set back from all property lines a distance at least equal to the height of the building.

(e)

Plot size. Not less than one hundred (100) feet in width and ten thousand (10,000) square feet in area.

(f)

Yard setbacks.

(1)

Parking area shall be located at least twenty-five (25) feet from any residentially zoned property or street line.

(2)

Structure, except fences or walls as hereinafter provided, shall be located at least twenty-five (25) feet of any residentially zoned property, at least seventy-five (75) feet from the right-of-way line of a trafficway as depicted on the trafficways plan, as amended from time to time and within twenty-five (25) feet from any other street right-of-way line or plot line.

(3)

No required open space, yard or setback area shall be used or developed for any purpose other than by landscaping or parking areas subject to the restrictions of subsection (1) and by the minimum amount of walkways and/or driveways reasonably necessary to serve the permitted CR district uses.

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-77. - CF Community Facilities District.

(a)

Purpose. The community facilities district is intended for schools, public and private institutions, and other facilities which generally benefit the community and which have unusual or unique location requirements.

(b)

Uses permitted.

(1)

Parks.

(2)

Vocational schools or schools (K through 12th grade) shall also be subject to additional standards in section 16-77(c). If a public school is a charter school, it shall declare at the time of site plan application whether or not it will comply with the state requirements for educational facilities of the Florida Building Code pursuant to F.S. §§ 1002.33(18)(a) and 1013.37. In the event the public school is a charter school and does not intend to comply with the state requirements for educational facilities of the Florida Building Code, it shall comply with section 16-110.

(3)

Places of public assembly.

(4)

Hospitals or clinics.

(5)

Libraries.

(6)

Governmental administration, services and maintenance facilities.

(7)

Police and fire facilities.

(8)

Public and private utilities.

(9)

Day care centers.

(10)

Community residential homes as defined in Article XVI.

(11)

One (1) dwelling unit per public school site as an accessory use.

(12)

Cemeteries and mausoleums.

(c)

Supplemental regulations to schools (K through 12^thgrade).

(1)

Schools shall not be located on roadways classified by Broward County Metropolitan Organization's Broward Highway Functional Classifications Map as arterial roadways. Access to schools shall not be from roadways classified by Broward County Metropolitan Organization's Broward Highway Functional Classifications Map as arterial roadways.

(2)

A public school that is a charter school is required to submit a copy of the School Board of Broward County's approved charter application at time of site plan application.

(3)

All schools must make application for a site plan a minimum of nine (9) months prior to the first day of school for the expected school year opening.

(4)

All site plan applications shall illustrate the ingress and egress of pedestrians and all vehicles from the school site to public right-of-way, and safety features necessary to protect the students on and within one thousand (1,000) lineal feet of the school site boundaries and a narrative explaining how student safety and off-premises private property rights will be assured at least 30-minutes prior to the start of the first class for all grade levels and at least 45-minutes after all school dismissals.

(d)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(e)

Building height. Not to exceed ten (10) stories or one hundred (100) feet, whichever is less.

(f)

Size of plot. Not less than one hundred fifty (150) feet in width and one (1) acre in area.

(g)

Yard setbacks.

(1)

Adjacent to any trafficway, a yard of seventy-five (75) feet in width shall be provided.

(2)

Adjacent to any street, excluding trafficways, a yard of twenty-five (25) feet in width shall be provided.

(3)

A rear yard of twenty (20) feet in width shall be provided when not abutting a trafficway.

(4)

A side yard of ten (10) feet in width shall be provided when not abutting a trafficway any building in excess of twelve (12) feet in height, as measured from the first floor finished grade of the building to the highest portion of the building, shall provide an additional two (2) feet of side yard for every ten (10) feet, or fraction thereof, in additional height.

(5)

When a yard setback is required in this section, such yard may be used only for walkways, parking of passenger cars, driveways and landscaping.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-B, § 4, 6-9-98; Ord. No. 402-07-D, § 6, 12-11-07; Ord. No. 402-16-A, § 7, 1-12-16)

Sec. 16-78. - Business districts.

(a)

Purpose.

(1)

The B-1 Neighborhood Business District is intended primarily to meet the local neighborhood shopping and personal service needs of a limited surrounding residential area. Retail stores permitted herein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood.

(2)

The B-2 Community Business District is intended primarily to meet the shopping and limited service needs of several neighborhoods or a substantial territory. Retail stores are intended to include convenience items, fashion and durable good sales. B-2 districts may be located along selected arterial street frontages with adequate site planning or in concentrated shopping centers.

(3)

The B-3 General Business District is intended to apply to arterial streets and trafficways where business establishments primarily not of a neighborhood or community service type may properly locate to serve large sections of the city and metropolitan area. Such businesses generally require considerable ground area, do not cater directly to pedestrians and need a conspicuous and accessible location convenient for motorists.

The B-3A General Business Overlay District is intended to apply to older commercial areas with a central core of diverse retail, professional, business, food and community services permitted uses. The purpose of the district is to promote consistent, high-quality development and redevelopment of older commercial areas through regulations that require uniform building and site design, while organizing and accommodating, when appropriate, the physical constraints of existing structures and sites.

(4)

The B-4 Professional Office District is intended to provide areas within the city for the exclusive development of professional offices, office parks and financial centers.

(5)

The B-5 Sunrise/Sawgrass Office District is intended to provide for the development of intensive office uses, including but not limited to single tenant office uses. The district is intended to help ensure the development of major officer facilities in an area which will serve as a complement to the existing retail development near the interchange of Sunrise Boulevard and the Sawgrass Expressway. These major office facilities together with existing and future retail development will constitute a suburban "downtown" for the City of Sunrise and western Broward County.

(6)

The B-7 Office Park District is intended to provide for the well-planned and efficient development of mixed-use office park projects on constrained parcels which incorporate enhanced design features and high-intensity landscaping. The mapping of this district shall be limited to parcels that are:

Designated as Office Park (OP) Land Use on the City's Future Land Use Map (FLUM); and

Proximate and accessible to the Sawgrass Expressway and located west of N.W. 136th Avenue; and

Located at least thre hundred (300) feet from the boundary of a zoning district that allows single-family residential use; and

Adjacent to property zoned Recreation/Open Space (R/OS) on the City of Sunrise Zoning District Map.

Areas zoned B-7 shall not be subject to the master development plan requirements of Section 16-39 of the Code.

(7)

The B-6 Sunrise/Sawgrass Mixed-Use District establishes land use, intensity and site design regulations. The purpose of this district is to create a highly visible district which contains a mixture of complementary uses that are physically integrated on each site of the district within the district.

(b)

Uses permitted. No building or structure, or any part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of those uses specified in the "Master Business List" or, in the case of the B-5 district, for other than one (1) or more of those uses specified in subsection 16-79(e). The use restrictions placed on buildings shall also apply to land and water.

(c)

Limitations on uses.

(1)

Except for outdoor restaurant seating areas, automobile parking lots, drive-in banks and gasoline stations, all activities of permitted uses including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building, provided that drive-in type retail restores may conduct sales through open doors or windows. Drive-in businesses must be conducted so that no interference of established pedestrian or vehicular traffic flow will result. Permits for temporary outdoor sales may be issued in compliance with article XVIII.

(2)

No secondhand or used merchandise shall be offered for sale, displayed or stored except in an antique or second-hand store, or as incidental to the sale of new merchandise.

(3)

All products produced incidental to a permitted use shall be sold at retail on the premises.

(4)

The prohibition against outdoor sales and other activities contained in subsection (1) above shall not apply to a drink dispensing (vending) machine located within an off-street loading area also designated and used on a regular and frequent basis for customer pickup provided the following conditions are met: (i) the loading area had two (2) or more loading spaces; (ii) no more than one (1) drink dispensing machine is located within the offstreet loading area; (iii) the drink dispensing machine is not located within an off-street loading space and does not otherwise interfere with loading area operations; and (iv) there is no adjacent indoor space where a drink dispensing machine is or could be located.

(d)

Uses prohibited. The permitted uses shall not be construed to include any use first permitted in a less restrictive district.

(e)

Height. In B-3, B-4, B-5, B-6, and B-7 districts, the maximum building height shall be two hundred fifty (250) feet. In B-1 districts, the maximum building height shall be two (2) stories or thirty (30) feet, whichever is less. In B-2 districts, the maximum building height shall be four (4) stories or sixty (60) feet, whichever is less.

(f)

Minimum plot area. No plot in a B-1, B-2, B-3, B-4, B-5, B-6 or B-7 district shall be less than one hundred fifty (150) feet in width, nor less than two hundred (200) feet in depth, provided however, where a parcel existed at the effective date of this chapter which has less than the required width or depth, said lot may be developed as otherwise provided in this chapter.

(g)

Yard setbacks. Every plot upon which a building or structure is erected in a B-1, B-2, B-3, B-4, B-5, B-6 or B-7 district shall have setbacks in accordance with the following:

(1)

Adjacent to any trafficway, a yard of seventy-five (75) feet in width shall be provided. Within the B-7 District, adjacent to any trafficway with a minimum width of three hundred (300) feet, a yard of a minimum of ten (10) feet in width shall be provided.

(2)

Adjacent to any street, excluding those trafficways, a yard of twenty-five (25) feet in width shall be provided.

(3)

A rear yard of twenty (20) feet in depth shall be provided when not abutting a trafficway, and such rear yard shall be increased another five (5) feet for each floor above the first floor of the building.

(4)

A side yard of ten (10) feet in width shall be provided when not abutting a trafficway, and such side yard shall be increased another two (2) feet for each floor above the first floor of the building when abutting a nonresidential district and another five (5) feet for each floor above the first floor when abutting a residential district.

(5)

When a yard setback is required in this section, such yard may be used only for walkways, parking of passenger cars, driveways and landscaping, except that parking of passenger cars shall not be permitted in rear yards of twenty (20) feet in width.

(h)

Lot coverage and floor area ratio.

(1)

Lot coverage. The combined ground area occupied by all buildings and structures shall not exceed the following:

Height of Building	Maximum Lot Coverage (Percent)¹
One Story	35
Two Story	35
Three Story	35
Four Story	33
Five Story	32
Six Story	30
Seven Story	28
Eight Story ²	26
Nine Story ²	25
Ten to Twenty Stories ²	24

Regional shopping center buildings and structures shall not exceed thirty-five (35) percent maximum lot coverage.

A lot coverage waiver of up to fifty (50) percent of the standard may be granted in the B-7 district pursuant to subsection (k) of this section, for buildings eight (8) stories and greater in height. Where multiple buildings of differing heights are located on a parcel in the B-7 district, the applicable lot coverage requirement for the building of greater height shall apply.

(2)

Floor area ratio (FAR). The maximum floor area ratio of proposed development shall not exceed the following:

Height of Building	Maximum FAR
One Story	0.35
Two Story	0.50
Three Story	0.65
Four Story	0.80
Greater than four stories (maximum 20 stories)	1.00
Western Sunrise Area only: Greater than four stories (maximum 20 stories)	2.00

(i)

Pervious area. For the B-1, B-2, B-3, B-4, B-5, B-6 or B-7 Districts, at least fifteen (15) percent of a commercial site shall be landscaped or pervious.

(j)

Special requirements for B-4 district. Aside from those uses permitted on the Master Business List, certain retail and service uses may be permitted in a B-4 district that are accessory to the primary office use and consistent with the intent of this chapter but in no case shall such use occupy more than ten (10) percent of the gross floor area.

(k)

Review of requests for waivers from this section for development within the B-7 district. In recognition of the unique constraints and specific development conditions which apply to parcels zoned B-7 pursuant to this section, an applicant for development within a B-7 district may submit an application for waivers from the development standards of this section to the director of community development concurrently with the application for site plan approval required pursuant to section 16-31 of this Code. The application shall consist of a detailed development plan which shall list all proposed waivers from the requirements of this section of the Code, and shall address the criteria below. The director of community development shall determine whether and to what extent waivers of the requirements of this section may be justified based on the following criteria:

(1)

Unique conditions and circumstances exist affecting the ability of the applicant to comply with the requirements of this section of the Code; and

(2)

The subject development shall be designed in a manner that, in the opinion of the director of community development, exhibits enhanced architectural and site design features which are consistent with the intended purpose of the B-7 zoning district.

(3)

The literal interpretation of the provisions of this section would impede the reasonable development of the subject property in a manner consistent with the purpose of the B-7 zoning district, as set forth in subsection (a)(6) of this section; and

(4)

The requested waiver from this section:

Shall be the minimum waiver that will make possible the reasonable development of this property in accordance with the purpose and intent of the B-7 Office Park District and the Code; and

Shall not be injurious to the community or otherwise detrimental to the public welfare.

In no event shall result in a yard setback of less than ten (10) feet

Shall conform to minimum lot coverage waiver requirements of subsection (h) of this section.

Upon receipt of all necessary information, the director of community development shall review the information and issue a report to the city commission recommending approval, approval with conditions, or denial of the request. The director of community development, or his/her designee, shall place the application on the quasi-judicial consent agenda concurrently with the application for site plan approval, in accordance with the procedures set forth in subsection 2-33(k) of the Code of Ordinances.

(l)

Notification and publication requirements. In the case of an application for a waiver from this section, the city will notify all property owners within five hundred (500) feet of the perimeter of the subject property. The letter of notification will set forth a description of the waiver being requested and the date, time an place of the hearing before the city commission. Letters will be mailed to said property owners by first class mail, by staff using a certified list provided by the applicant. The required notification shall be post marked at least fifteen (15) days prior to the public hearing dates at which the application will be heard before the city commission. Staff is authorized to charge the applicant a reasonable fee for the city's cost of preparing and mailing notices.

(m)

City commission hearing on application for waiver from this subsection. The hearing of an application for waiver from this section shall proceed in accordance with the procedures of subsection 2-33(k) of the Code of Ordinances.

The decision shall be communicated to the applicant in writing and filed in the official city records for the property.

(n)

Upgrade and/or expansion of shopping centers located in B-1, B-2, B-3 and B-3A Zoning Districts which have been approved by the city and constructed prior to January 1, 1981. For shopping centers located in B-1, B-2, B-3 and B-3A Zoning Districts, which have been approved by the city and constructed prior to January 1, 1981, the following development regulations shall apply:

(1)

Upgrade or expansion of existing shopping center buildings and sites:

Shopping center improvements, including façade and site improvements, shall be allowed and encouraged subject to the approval of city staff.

In the case of an expansion, the square footage of any proposed expansion shall not be greater than fifty (50) percent of the square footage of the existing shopping center.

(2)

For this section to apply:

Existing nonconforming features of a shopping center and site may be redesigned and rebuilt even though the alteration continues the nonconforming status of that or other aspects of the shopping center or continues them to the expansion of the shopping center, provided that the nonconforming feature is due to the unique nature of the shopping center's existing building(s); existing parking configuration; existing traffic circulation; lot size or other characteristics, which make it impractical to meet current criteria and which would discourage the upgrading or expansion of the shopping center if current criteria were applied, and city staff determines that the redesign or expansion results in an enhancement of the shopping center from its existing condition. Notwithstanding the foregoing, no existing nonconforming conditions shall be continued if the same adversely affects the health, safety and welfare of the general public.

The architecture of any proposed expansion of the existing shopping center must be consistent with the current architectural design standards as determined by city staff, including facades, materials and colors.

(3)

In reviewing whether a proposed alteration or expansion to an existing shopping center results in an enhancement of the shopping center from its existing condition, city staff shall consider the following standards:

The extent to which the proposed alteration will improve the character or quality of the surrounding neighborhood.

The extent to which parking areas, site lighting and traffic circulation are upgraded, as closely as practical, to meet current code requirements.

The extent to which safe pedestrian access and movement is enhanced.

The extent to which landscaping is upgraded, as closely as practical, to meet current code requirements. Site improvements proposed without any changes to a building exterior or to site traffic circulation shall be reviewed in relation to the size and configuration of the site and to determine the extent to which improvements are made to enhance the appearance and functionality of the site.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-C, § 2, 6-25-98; Ord. No. 402-98-G, § 1, 10-13-98; Ord. No. 402-99-I, § 1, 8-24-99; Ord. No. 402-00-B, § 1, 4-11-00; Ord. No. 402-00-C, § 3, 8-22-00; Ord. No. 402-01-I, § 1, 11-27-01; Ord. No. 402-02-G, § 1, 10-22-02; Ord. No. 402-04-B, § 1, 2-24-04; Ord. No. 402-08-A, § 2, 1-22-08; Ord. No. 402-09-A, § 2, 1-27-09; Ord. No. 402-09-D, § 2, 4-28-09; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-10-F, § 3, 10-12-10; Ord. No. 402-11-D, § 3, 5-10-11; Ord. No. 402-13-D, § 3, 6-11-13; Ord. No. 402-13-G, § 6, 11-12-13; Ord. No. 402-17-A, § 1, 2-28-17; Ord. No. 402-17-C, § 2, 9-12-17; Ord. No. 402-18-B, § 2, 6-26-18)

Sec. 16-79. - Master Business List.

(a)

Purpose. It is the intent of this article to provide, in tabular form for ease of reference, a listing of the uses that shall be permitted or prohibited in the B-1, B-2, B-3 and B-4 business districts. It is also the intent of this article to provide a list of the uses permitted in the B-5 Sunrise/Sawgrass office district. These B-5 uses are listed in subsection (e) below. It is further the intent of this article to provide use, intensity and site design and procedural regulations for the B-6 Sunrise/Sawgrass mixed use district; these regulations are set forth in subsection (g) below. Permitted uses in the B-7 office park district are listed in subsection (f) below.

(b)

Legend. When an "*" appears on the same line as a listed use, said use shall be permitted in the district as indicated by the column heading in which the "*" appears. Where an "*" is followed by a number, the number refers to the corresponding numbers in subsection (d) below which establishes certain restrictions. Where no "*" appears, the use is prohibited.

(c)

Uses not listed. Any commercial use not covered by the Master Business List may be authorized by the department only if the use is similar to a listed use; otherwise an amendment to this chapter is required.

(d)

Supplemental regulations to Master Business List. The numbers below correspond to the numbers on the Master Business List:

(1)

Enclosed use: Must be completely enclosed in a soundproof air conditioned building achieving a sound transmission class (STC) rating of sixty (60).

(2)

Residential use: The following regulations shall apply where a plot in a business district is used for a permitted multifamily residential use. This may only occur with the city commission's allocation of residential dwelling units to the property, except in the case of affordable housing units that comply with the regulations below.

Subject to special exception use approval in conformance with article III:

Such residential use shall not exceed fifty (50) percent of the gross floor area of any structure.

Such residential use shall conform to the district regulations as specified below:

B-1 district: Residential uses shall conform to RM-16 district with a maximum height of two (2) stories or twenty-five (25) feet, whichever is less. Only multifamily dwellings with a maximum of seven hundred fifty (750) square feet per dwelling unit will be permitted unless deed-restricted to residents fifty-five (55) years of age or older.

B-2, B-3, district: Residential uses shall conform to the RM-25 district except that the height limitation of the commercial district shall apply. Only multifamily dwellings with a minimum of seven hundred fifty (750) square feet per dwelling unit will be permitted unless deed-restricted to residents fifty-five (55) years of age or older.

No residential use shall be located on the first floor or ground floor other than a lobby or foyer serving a residential use, and accessory uses such as storage areas, garages, and other similar facilities.

The regulations in this subsection, including subsections 16-79(d)(2)a, b, and d, shall not apply to community care facilities or to a Special Residential Facility as defined in Section IV.B.3. of the 1989 Broward County Land Use Plan, as amended.

To facilitate the production of affordable housing units for very low (thirty-one (31) to fifty (50) percent of area median income) and low (fifty-one (51) to eighty (80) percent area median income) households, residential may occur with the city commission's allocation of residential dwelling units to the property and the regulations in subsections a, b, c, d, and e shall not apply to residential projects in which all units are deed restricted for at least fifteen (15) years to affordable housing units at a level of eighty (80) percent area median income or lower. Residential uses shall be developed in accordance with standards of the residential zoning district with a similar level of intensity.

(3)

Dry cleaning establishments: For direct service to customers, subject to the following limitations and requirements:

Not more than two (2) cleaning units shall be used in any establishments, neither of which shall have a rated capacity in excess of fifty (50) pounds. The entire cleaning and drying process shall be carried on within completely enclosed solvent reclaiming units.

All solvents used in the cleaning process and vapors therefrom shall be nonexplosive and nonflammable.

(4)

Hotels and motels: The following amenities shall be included as part of any hotel or motel:

Interior corridors or hallways leading to and from rooms except emergency exits. No "catwalk" exterior hallways.

An office or lobby containing a registration desk that is staffed by at least one (1) hotel/motel employee twenty-four (24) hours a day, and that is located in an area where the path between entrances/exits and quest room corridors and public elevators is visible to the employee.

Meeting or conference room(s) that will seat at least three hundred fifty (350) people at tables as provided in the South Florida Building Code. A minimum seating capacity of one hundred seventy-five (175) persons per room must be provided to meet this requirement.

A swimming pool of a minimum surface area of one thousand two hundred fifty (1,250) square feet.

An ancillary full service restaurant serving breakfast, lunch, and dinner seven (7) days a week shall be located within the primary building and shall seat a minimum of one hundred (100) people.

Central air conditioning shall be provided for the entire building, including all individual rooms or suites (no through-the-wall air conditioner units are permitted.)

A bar/lounge facility shall be provided with a minimum seating capacity of fifty (50) seats.

The minimum floor area of each rental sleeping room shall be three hundred fifty (350) square feet.

The minimum number of rental hotel units shall be two hundred fifty (250). A hotel unit shall be a habitable unit used or intended to be used for sleeping but not for cooking or eating. A multi-room hotel suite shall only count as one (1) hotel unit.

The foregoing requirements may be satisfied where two (2) hotel or motel establishments, each of which may include less than the number of hotel units required by "i" of this subsection, are connected to one another and provide combined or shared operations, facilities, and amenities which otherwise satisfy the requirements of this section. All hotel units and interior amenities shall be provided in the same building. The combined total number of hotel units shall be a minimum of three hundred fifty (350).

The foregoing requirements of subsections 16-79(d)(4) (c, d, e, and i) shall not apply to a hotel located within a regional shopping center.

In addition to the above subsections 16-79(d)(4) (a, b, f, g, h, and j), the following amenities shall be included for any hotel located within a regional shopping center:

Meeting or conference room(s) space that will accommodate at least two hundred (200) people occupying a minimum of two thousand five hundred (2,500) gross square feet.

The minimum number of rental hotel units shall be one hundred and seventy (170). A hotel unit shall be a habitable unit used or intended to be used for sleeping but not for cooking or eating. A multi-room hotel suite shall only count as one (1) hotel unit.

A roof-top water feature and patio with a minimum fifty (50) person capacity.

A restaurant with a minimum fifty (50) person capacity for breakfast seven (7) days a week.

A museum quality art display with a revolving local artist presentation that is a minimum of five hundred (500) square feet in area.

A computer work area with a minimum of four (4) computer workstations

A fitness amenity area with exercise equipment with a minimum capacity of twenty-five (25) equipment stations.

(5)

Garden supplies: Sales are restricted to retail, and such items as insecticides, manure and fertilizer must be packaged to be easily handled and free from unreasonable objectionable odors.

(6)

Reserved.

(7)

Special exception uses: Shall comply with the requirements of Article III.

(8)

Automobile repair, minor: Special exception uses subject to article III plus the following additional standards:

Uses shall be limited to minor automobile repair. Major automobile repair, such as major engine repairs, body work or painting, shall be permitted only in the I-1 district.

All service doors and similar doors as identified in subsection 16-140(3) must conform to the provisions of subsection 16-140(3).

(9)

Water treatment chemicals and swimming pool chemical supplies: Sales are restricted to retail; and chemicals must be in manufacturer's prepackaged units, not to exceed one (1) gallon. There will be no bulk or tank storage of water treatment chemicals or swimming pool chemical supplies.

(10)

State probation and parole office (office in retail center, office building or government-owned building). State probation and parole offices shall not be permitted unless they meet the following requirements:

No office shall be located within one thousand five hundred (1,500) feet of a public school. Distance shall be measured from property line to property line.

No office shall be located within five hundred (500) feet of a house of worship or residentially zoned district. Distance shall be measured from property line to property line.

No office shall be located in a retail center or office building which has as a tenant a private day-care center or other uses which cater to children such as amusement centers, karate studios, gymnastics centers or dance studios.

Designated parking shall be provided for parolees visiting the office.

(11)

Teen nightclub. This section applies to any business that provides musical entertainment whether the musical entertainment is provided by live performers, dee jays, videos or any other means to patrons the majority of whom are high school age (fifteen (15) to nineteen (19) years of age). No business shall, by any means, advertise itself as a teen nightclub, or a "teen night" or advertise the availability of musical entertainment to persons of high school age unless the business has obtained special exception approval pursuant to this section. Bowling centers, ice skating rinks and other family-oriented recreation centers are exempt from the requirements of this section. Any business offering teen entertainment shall be subject to the following standards.

Hours of operation: 11:00 p.m. Sunday through Thursday and midnight Friday and Saturday.

Location: The business shall not be located in, or be part of, any establishment that at anytime sells alcoholic beverages.

(12)

Tattooing: As defined in F.S. §§ 381.00771—381.00791, as amended from time to time, tattooing is permitted in B-2, B-3, B-4, and B-5 business zoning districts subject to the following limitations:

Ancillary uses. Tattooing shall only be permitted as an ancillary use to the following uses provided the other provisions of this section and any other requirements of federal, state and county law are met: Beauty salon, health spa, medical office, and hospital.

Prohibited uses. Unless otherwise permitted by this section, tattooing and tattoo establishments shall not be permitted on any property as a principal or primary use.

(13)

Motorcycle shop. Special exception uses subject to Article III.

Building or bay must be soundproofed.

Retail sales of new and used motorcycles permitted; motorcycle service permitted, except for fleets of motorcycles, which shall not be interpreted to mean fewer than three (3) motorcycles.

Installation of parts and accessories only with sales.

All installation must be performed inside.

Must be separated from adjacent properties with a minimum ten-foot high concrete wall and five (5) feet landscape buffer with landscape requirements as stated in subsection 16-169(b)(3).

Must be at least one thousand (1,000) feet from any other motorcycle shop.

Motorcycle engines shall be started and serviced only inside the completely enclosed building or bay.

[Reserved.]

(14)

Extended stay hotel: The following regulations shall apply to extended stay hotels:

This use shall be subject to a restriction set forth in a recorded covenant approved by the city attorney, which shall be enforceable by the city.

The hotel shall maintain records documenting the stay of quests or owners and such records shall be made available for inspection by the city during regular business hours upon reasonable notice.

The use shall be subject to the RM-25 zoning district design standards and regulations contained in section 16-73 of this Code, with the exception of the following:

A minimum floor area per dwelling unit of six hundred seventy-five (675) square feet for efficiency and one (1) bedroom units, plus one hundred fifty (150) square feet for each additional bedroom shall be provided.

Individual garages shall not be required for each unit. Parking requirements shall be satisfied by outdoor surface parking at a ratio of one (1) parking space for each unit (see section 16-144).

(15)

Auto parts, retail: Special exception uses subject to Article III plus the following additional standards:

Uses shall be limited to the retail sales of new auto parts, equipment, and accessories.

Ancillary uses may include retail sales of parts or compilation of parts which in the auto industry are routinely offered as refurbished or rebuilt.

Installation of auto parts, equipment, and accessories is prohibited with the exception of the following:

Installation of automobile batteries and windshield wipers may be performed by employees of the auto parts store provided the store provides a monitoring plan approved by the community development director to discourage and monitor any unauthorized auto repair activities within or around the site. The monitoring plan may provide for up to two (2) parking spaces required under section 16-144 to be designated for employee replacement of car batteries and windshield wipers only. An approved monitoring plan does not relieve the property owner from any imposition of fines associated with a violation of this section.

Installation of automobile batteries and windshield wipers by employees of the auto parts store permitted under this subsection shall be considered ancillary to the retail use.

(16)

Medical marijuana dispensary; drug store.

Separation requirements.

No medical marijuana dispensary or drug store shall be located within five hundred (500) feet of a daycare or public park.

No medical marijuana dispensary or drug store shall be located within five hundred (500) feet of a residential zoned property, including a property zoned PUD.

No medical marijuana dispensary shall be located within five hundred (500) feet of another medical marijuana dispensary.

No drug store shall be located within five hundred (500) feet of another drug store.

Distance shall be measured from property line to property line.

A medical marijuana dispensary or drug store located within the structural walls of a larger use having a combined total of at least forty thousand (40,000) square feet, shall not be subject to the separation requirements of this section.

Notwithstanding the separation requirements above, drug stores in existence as of July 10, 2018, shall be considered grandfathered and shall be subject to the following provisions:

Drug stores, as defined by Section 16-277, shall be considered in existence if they have a business tax receipt or are under construction with an active building permit as of July 10, 2018; and

Drug stores grandfathered under this section are not subject to the separation requirements above and may be rebuilt, renovated, expanded or otherwise replaced as long as they are considered grandfathered; and

Drug stores grandfathered under this section which become vacant or are destroyed by any means, shall forfeit such grandfathered status if building permits or development approvals for another drug store are not obtained within one (1) year of initial vacancy or destruction.

(17)

Small Box Discount Store:

Separation requirements.

No Small box discount store shall be located within one (1) mile of another small box discount store.

Distance shall be measured from property line to property line.

Business Listings	B-1	B-2	B-3	B-4
Air conditioning equipment, retail, repairs		*7	*
Ambulance service—Commercial			*
Amusement/recreation enterprises (indoor)	7, 1	7, 1	7, 1
Automatic amusement centers			7,1
Amusements/recreation enterprises (outdoor)			*7
Animal clinics, pet hospitals			7, 1
Animal grooming only	*1	*1	*1
Antique shops	*	*	*
Armored car service			*
Art galleries	*	*	*
Art supplies	*	*	*
Artist's studios	*	*	*
Athletic club		*1	*1
Automobile dealerships for new cars and trucks, up to thirty (30) feet, with ancillary repair shop and used car lot; minimum site size of two (2) acres; vehicle storage and display shall be governed by section 16-128 of the City Code			7,13
Auction houses—art goods, antiques, jewelry, rugs and the like		*	*
Auto parts, retail			*15
Automobile rental/leasing			*7
Auto tag agency		*7	*7
Automobile repair, minor			*7, 8
Automobile wash			*8
Awning stores			*
Bakeshops, retail	*	*	*
Banks		*	*	*
Banquet halls			*7
Barber shops		*	*
Bar or tavern		*7	*7
Bicycle stores and repair shops (no outdoor display)		*	*
Beauty salon or spa, hair, nails or skin care	*12	*12	*12
Bingo parlors, commercial			7, 1
Billiard or pool rooms		7, 1	7, 1
Boat and marine motor sales and service			*7
Boat rental			*
Book store	*	*	*
Bowling alleys			*
Building and loan associations		*	*	*
Building supplies, retail, home improvement centers (no outdoor sales or storage)			*
Bus terminals			*7
Camera shops	*	*	*
Candy store, retail	*	*	*
Carpets, rugs, floor covering, retail		*	*
Carpets, or rug cleaning establishment (on-premise)			*7
Catering services and food catering			*7
China, crockery, glassware, earthenware, retail	*	*	*
Clothing stores except secondhand	*	*	*
Confectionery and ice cream store	*	*	*
Community care facilities as defined in Article XVII		*7	*7
Conservatories (art and music) soundproofed for music		*	*
Contractors—office use only; no outside storage			*
Convenience store		*7	*7
Cosmetics, retail and incidental compounding no manufacturing		*	*
Costumes, rental		*	*
County-owned and municipality-owned building (with the exception of jails, which are prohibited)	*	*	*	*
Curio stores	*	*	*
Dairy products, retail	*	*	*
Dance academies		*1	*1
Dance halls, ballroom dancing			7, 1
Day care centers	7, 1	7, 1	7, 1	7, 1
Delicatessen, retail	*	*	*
Dental clinic	*	*	*	*
Dental lab			*
Department and dry goods store		*	*
Detective, agencies		*	*	*
Dress shops and seamstress	*	*	*
Drive-through restaurant		*7	*7
Drug stores			*16
Dry cleaning and pressing—Pickup and delivery only	*	*	*
Dry cleaning with plant on premise		3, 7	3, 7
Electrical appliances, retail and incidental repairs		*	*
Electronic assembly up to 25 percent of floor area as ancillary use			*
Employment agencies		*	*	*
Express, companies			*
Extended stay hotel				*14
Fabric, sewing, yarn and notions shop	*	*	*
Federally owned and state-owned buildings (with the exception of prisons, which are prohibited)	*	*	*	*
Federal, state and county offices located in retail centers or office buildings not owned by government (unless otherwise provided for in the master business list)		*7	*7	*7
Fertilizer stores, retail		*	*
Fish, retail		*	*
Fishing supplies—Bait and tackle		*	*
Florist	*	*	*
Food take-out, retail		*	*
Fruit stores, retail		*	*
Funeral homes		*7	*7
Furniture stores		*	*
Garden supplies		*5	*5
Gasoline station. See section 16-136.		*7	*7
Gift shops	*	*	*
Golf courses (miniature)			*7
Golf driving range			*7
Grocery store	*	*	*
Hardware store	*7	*	*
Health club		*1	*1	*
Health spa		*1,12	*1,12	*1,12
Heating equipment, retail			*
Heating equipment, wholesale, retail, storage repair and service			*7
Hobby shop	*	*	*
Hospitals			*7,12
Hotels		*4	*4	*4
Ice cream or frozen yogurt, retail	*	*	*
Interior decoration shop	*	*	*
Jewelry store—Watch repair	*	*	*
Key shop	*	*	*
Laundries, coin-operated	*7	*7	*7
Lawn mower sales and service (no outdoor display)		*	*
Leather goods store, retail	*	*	*
Library	*	*	*
Lighting fixtures, retail		*	*
Liquor and alcholic beverage store	*7	*7	*7
Loan agencies excluding pawnbrokers, check cashing and paycheck advances, as a primary or accessory use.		*	*	*
Luggage shops		*	*
Mail, private express and package		*	*	*
Marine supplies, retail		*	*
Meat market, retail	*	*	*
Medical marijuana dispensary			*16
Medical offices or clinics for doctors, dentists, podiatrists and related professions	*12	*12	*12	*12
Messenger office	*	*	*
Millwork, retail			*
Motels		*4	*4
Motorcycle shops			*7, 13
Motor home and house trailer sales new and used			*7
Music and radio stores, retail	*1	*1	*1
Municipal buildings, parks, playgrounds, parking, municipal offices in retail centers or office buildings not owned by government	*	*	*	*
Museum	*	*	*
Newsstand	*1	*1	*1
Nightclubs			7, 1
Notions—Variety stores		*	*
Office building		*	*	*
Office supplies and furniture store		*	*
Optical stores	*	*	*
Paint—Wall paper stores, retail only	*	*	*
Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.			*	*
Pet shops		*1	*1
Photograph galleries	*	*	*
Photographers		*	*
Photostating		*	*
Places of Public Assembly (seating capacity of 100 or fewer)	*	*	*
Places of Public Assembly (seating capacity of greater than 100)		*	*
Plant nursery and sales as accessory to a permitted use (plants within screened in area only)		*	*
Plumbing fixtures, retail			*
Post office		*7	*7
Printing, quick print		*	*
Professional offices	*	*	*	*
Radios, televisions—Sales, incidental repairs		*	*
Radio television and video recording studios (Providing that noisy operations are conducted in a soundproof room)		*1	*1
Real estate offices	*	*	*	*
Reducing salons		*	*
Repair shops (small appliances)			*1
Residential, multifamily	*2	*2	*2
Restaurants and dining rooms	*	*	*
Restaurants with drive-through		*7	*7
Restaurants, fast food		*	*
Restaurants, fast food with drive-through		*7	*7
Rugs, retail		*	*
Schools:
Adult education			*7
Instructional		*	*
Secondhand stores			*7
Shoe repair shop	*	*1	*1
Shoe stores	*	*	*
Skating rinks (indoor or outdoor), skateboard parks, water slide, and other outdoor amusements		*7	*7
Small box discount stores			*17
Souvenir stores	*	*	*
Sporting goods store	*	*	*
State probation and parole offices			7, 10
Stationery stores	*	*	*
Stock exchange and brokerage office	*	*	*	*
Sundry stores, not including drug stores	*	*	*
Supermarkets		*	*
Swimming pool, supplies and accessories (excluding chemicals)		*1	*1
Swimming pool chemical supply, retail		*9	*9
Tailor shop	*	*	*
Teen night club			7, 11
Telephone exchange building		*	*
Ticket office	*	*	*
Tobacco store	*	*	*
Trailers of all kinds, campers, mobile homes—Storage and sales			*7
Travel bureau		*	*	*
Truck sales—New and used			*7
Urgent care center			*
Veterinary clinics (no overnight boarding with exception of medical treatment)		7, 1	7, 1
Video and/or record, store	*	*	*
Water treatment, pool equipment and chemicals (within building) and no manufacturing		*9	*9
Wholesale sales as accessory to a permitted use			*7

[Editor's note: *1 indicated enclosed use; *7 indicates a special exception use; *12 Tattooing.]

(e)

Uses permitted in the B-5 District.

(1)

Uses permitted by right:

Business and professional offices in single tenant buildings.

Business and professional offices in multi-tenant buildings.

Banks.

Building and loan associations.

Hotels, subject to the criteria established in subsection 16-79(d)(4).

Loan agencies.

Medical offices or clinics for doctors, dentists, podiatrist and related professions.

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Any use permitted by right in the B-1, B-2, B-3 and B-4 districts so long as such uses are located in an office building and so long as the combined square footage occupied by all such uses does not exceed ten (10) percent of the total leasable area of the building in which they are located.

(2)

Uses permitted with special exception approval.

Federal and state office buildings. Research, light manufacturing and warehouse uses which are a functionally integral part of a large office complex and which are located in buildings designed to appear the same as office uses.

Restaurants and dining rooms upon a finding that the facility proposed at the location will substantially improve the functioning of the general area as a concentration of quality office buildings. The city commission may make such a finding if it determines based on evidence that the restaurant for which approval is sought will provide a particularly high quality or needed service to office workers or will enhance the image of the area where located by virtue of its particularly high quality.

(f)

Uses permitted in B-7 Office Park District. No building or structure, or any part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following uses. The use restrictions placed on buildings shall also apply to land and water.

(1)

Uses permitted by right:

Business and professional offices in single tenant buildings.

Business and professional offices in multi-tenant buildings.

Banks, if fully enclosed in a building and not a drive-thru.

Building and loan associations.

Hotels, subject to the criteria established in subsection 16-79(d)(4).

Loan agencies.

Medical offices or clinics for doctors, dentists, podiatrist and related professions.

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Restaurants and dining rooms.

Any use permitted by right in the B-1, B-2, B-3, B-4, and B-5 districts so long as such uses are located in an office building and so long as the total area occupied by all such uses does not exceed ten (10) percent of the total leasable area of the building in which they are located.

(2)

Uses permitted with special exception approval.

Federal and state office buildings.

(g)

Use, intensity, site design and procedural regulations for the B-6 District.

(1)

Permitted nonresidential land uses and intensities in general: Each parcel may contain retail, office and hotel uses. Parcels which contain only retail uses or only office uses or only hotel uses may be developed to a maximum floor area ratio of 0.60 based on the entire site area and 0.85 based on the upland area of the parcel. Parcels which contain retail uses plus office uses, or retail uses plus hotel uses, or office uses plus hotel uses, or all three (3) uses together, may be developed at a higher intensity subject to the approval of the special exception review authority pursuant to Article III. However, in no case shall the floor area ratio exceed 1.30 based on the entire site area and 1.50 based on the upland area of the parcel.

(2)

Permitted nonresidential land uses specifically enumerated: The following uses are explicitly permitted subject to the supplemental business regulations contained in subsection 16-79(d) applicable to the specific use.

Amusement recreation enterprises (indoor)

Antique shops

Art galleries

Art schools

Artist's studios

Athletic club

Bakeshops, retail

Banks

Barber shops

Bar

Beauty parlors

Book store

Building and loan association

Camera shops

Candy store, retail

Carpets, rugs, floor covering, retail

China, crockery, glassware, earthenware, retail

Clothing stores (except secondhand)

Confectionery and ice cream store

Conservatories (art and music), soundproof for music

Cosmetics, retail and incidental compounding, no manufacturing

County-owned and municipality-owned building (with the exception of jails, which are prohibited)

Curio stores

Dance academies

Day care centers

Delicatessen, retail

Dental clinic

Department and dry goods store

Dress shops and seamstress

Employment agencies

Fabric, sewing, yarn and notions shop

Florist

Food take-out, retail (no drive thru)

Fruit stores, retail

Furniture boutique

Gift shops

Specialty grocery store

Health spas

Hobby shop

Hotels

Ice cream or frozen yogurt, retail

Interior decoration shop

Jewelry store—Watch repair

Leather goods store, retail

Library

Lighting fixtures, retail

Liquor store

Luggage shops

Mail, private express and package

Meat market, retail

Medical offices or clinics for doctors, dentists, podiatrists and related professions

Messenger office

Music and radio stores, retail

Museum

Newsstand

Notions—variety stores

Office supplies and furniture store

Optical stores

Office buildings

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Photograph galleries

Photographers

Photostating

Printing, quick print

Professional offices

Radio, television and video recording studios (providing that noisy operations are conducted in a soundproof room)

Real estate offices

Reducing salons

Restaurant and dining rooms(*13)

Schools—business

Schools—Modeling

Shoe stores

Sporting goods store

Stationery stores

Stock exchange and brokerage office

Sundry stores, not including drug stores

Tailor shop

Tavern (see also section 16-91)

Ticket office

Tobacco store

Travel bureau

Video and records store

(3)

Townhouse and apartment type residential uses may be developed on any parcel, provided: 1) the parcel has a total nonresidential floor area ratio of at least 0.40 based on the entire site area and at least 0.65 based on the upland area of the parcel; 2) the residential uses do not amount to more than fifty (50) percent of the entire floor area of the site, and 3) the residential uses are physically integrated with the nonresidential uses on the site. Physical integration shall be accomplished by mixing residential uses with other uses in the same structure, by placing structures with residential and nonresidential uses near each other, and by providing an attractive pedestrian circulation system which links residential and nonresidential uses.

(4)

Prohibited land uses specifically enumerated: Any use not explicitly permitted in (1) through (3) above shall be prohibited.

(5)

Parking: The site plan review authority may reduce the parking requirements for mixed-use projects to as low as eighty (80) percent of the parking that would otherwise be required by this land development code. In determining the actual number of parking spaces to be required, the site plan review authority shall consider: 1) the degree to which the site plan to be approved contains a mix of land uses that facilitates pedestrian movement and the sharing of parking spaces by uses which generate parking demand at different times of the day; 2) the extent to which the reduced parking requirements enhances the ability of the overall site plan to fulfill the purpose and intent of the B-6 District as set forth in subsection 16-78(a)(6); and 3) the provision of parking in parking structures. A reduction shall only be approved upon presentation of substantial and competent evidence that the parking provided will be adequate. Such evidence shall be in the form of a parking study prepared by qualified professionals and based on empirical facts.

(h)

It is the intent of this subsection to provide for the use, intensity and procedural regulations for the B-3A General Business Overlay District. The regulations of the B-3A General Business District are as follows:

(1)

Permitted nonresidential land uses specifically enumerated. The following uses are explicitly permitted subject to the supplemental business regulations contained in subsection 16-79(d) applicable to the specific permitted use except as otherwise provided in this Code:

Air conditioning equipment, retail, repairs

Alcoholic beverages, sales

Ambulance service

Animal clinics, pet hospitals

Animal grooming only

Antique shops

Art galleries

Art supplies

Artist's studios

Associations (civic, etc.)

Athletic club

Auto tag agency

Awning stores

Bakeshops, retail

Banks

Bars (subject to subsection (10) below)

Barber shops

Beauty salon or spa, hair, nails or skin care

Bicycle stores and repair shops

Book store

Camera shops

Candy store, retail

Carpets, rugs, floor covering, retail

Catering services

China, crockery, glassware, earthenware, retail

Clothing stores except secondhand

Coffee house

Clubs—Civic, private, noncommercial

Confectionery and ice cream store

Conservatories (art and music) soundproofed for music

Contractors—Office use only; no outside storage

Convenience store

Cosmetics, retail and incidental compounding, no manufacturing

Costumes, rental

County-owned and municipality-owned building (with the exception of jails, which are prohibited)

Curio stores

Dairy products, retail

Dance academies

Dance halls, ballroom dancing

Day care centers

Delicatessen, retail

Dental clinic

Dental lab

Department and dry goods store

Detective agencies

Dress shops and seamstress

Electrical appliances, retail and incidental repairs

Employment agencies

Fabric, sewing, yarn and notions shop

Federal, state and county offices located in retail centers

Fish, retail

Florist

Food caterers

Food take-out, retail

Fruit stores, retail

Funeral homes

Furniture stores

Garden supplies

Gift shops

Grocery store

Gymnasium

Hardware store

Health spas and clubs

Heating equipment, retail

Hobby shop

Ice cream or frozen yogurt, retail

Interior decoration shop

Jewelry store—Watch repair

Key shop

Laundries, coin-operated

Lawn mower sales and service (no outdoor display)

Leather goods store, retail

Library

Lighting fixtures, retail

Luggage shops

Mail, private express and package

Meat market, retail

Medical offices or clinics for doctors, dentists, podiatrists and related professions

Messenger office

Millwork, retail

Motorcycle shops (no outdoor display)

Music and radio stores, retail

Municipal buildings, parks, playgrounds, parking

Municipal offices in retail centers

Museum

Newsstand

Notions—Variety stores

Office supplies and furniture store

Optical stores

Office buildings

Outdoor restaurant seating areas

Paint—Wallpaper stores, retail only

Pet shops

Photograph galleries

Photographers

Places of public assembly

Plumbing fixtures, retail

Post office

Printing, quick print

Professional offices

Radios, televisions—Sales, incidental repairs

Real estate offices

Reducing salons

Repair shops (small appliances)

Restaurants and dining rooms

Restaurant, fast food

Rugs, retail

Schools:

Adult education

Instructional

Shoe repair shop

Shoe stores

Souvenir stores

Sporting goods store

Stationery stores

Stock exchange and brokerage office

Sundry stores, not including drug stores

Supermarket

Swimming pool, supplies and accessories (excluding chemicals)

Tailor shop

Ticket office

Tobacco store

Travel bureau

Utilities facilities, public subject to sections 16-81 and 16-88

Veterinary clinics (no overnight boarding with exception of medical treatment)

Video and/or record store

Wholesale sales as accessory to a permitted use

(2)

Prohibited land uses specifically enumerated. Any use not permitted specifically in (1) above shall be prohibited.

(3)

Minimum plot area and setbacks. Every plot in the B-3A District shall be required to have a minimum plot width of fifty (50) feet and a minimum plot depth of one hundred (100) feet. The front, side and rear plot lines are the buildable lines for the purpose of the B-3A District.

Residential separation. There shall be a minimum fifteen-foot buffer between any commercial building and the property lines of any adjacent residential property. The requirements of subsection 16-169(b)(3) shall not be applicable.

Pervious area. The requirements of 16-78(i), pervious area, shall not be applicable.

(4)

Building design. A unique architectural theme is to be shown on the architectural plans showing architectural elements and features, which create a harmonious design.

Architectural control. The design standards required by section 16-138, exterior building color are to be provided by an architectural plan prepared by a qualified registered architect. The harmony, motif, architectural elements and features are to be included in the architectural plan.

Any modification or deviation from an approved site plan or other city-approved architectural plan is subject to approval of the community development department. Any change must be consistent with the approved plan.

Shopping center design. The requirements of subsection 16-31(b)(13), shopping centers, are not applicable.

(5)

Parking. The provisions of article VII, Off-street parking and loading apply unless otherwise stated below.

Parking shall be provided equal to one (1) space per three hundred (300) square feet of gross leasable area.

On-street parking located within the district can be counted by one (1) or more permitted uses as provided parking.

Parking spaces shall be nine (9) feet in width and eighteen (18) feet in length for all permitted uses.

In reviewing a change in use or occupancy to determine if adequate parking exists, on-street parking shall be included as provided in subsection b. above.

Off-street loading. The requirements of section 16-148, Off-street loading, are not applicable.

(6)

Uniform signage plan. A uniform signage plan as provided for by section 16-264 shall be provided for all uses.

(7)

Landscaping requirements. The minimum landscape requirement shall be at least one (1) tree, for every two thousand (2,000) square feet of total lot area. The ground area not covered by building or paving shall be covered with grass, groundcover, trees, shrubs or other decorative landscape materials. The requirements of section 16-169, Minimum landscape requirements, in RM-10, RM-16, RM-25, B-1, B-2, B-3, B-4, B-5, B-6, I-1, and CF zoning shall not be applicable.

(8)

Site lighting requirements. Lighting placement and illumination provided for off-street parking facilities and pedestrian walkways shall demonstrate an increase of available lighting over and above existing levels. Site lighting may be mounted on building exteriors facing off-street parking or mounted on poles in off-street parking area(s).

Lighting plan. The lighting plan shall show the location and lumens provided by each fixture.

Residential overspill. Overspill of lighting onto adjacent residential properties shall not exceed five tenths (0.5) footcandles measured on a vertical plane beginning three (3) feet above grade at the property line. The requirements of subsection 16-150(1), Design requirements, shall not be applicable.

Outdoor lighting pole height. The maximum pole height shall be in accordance with subsection 16-118(h), Outdoor lighting.

(9)

Dumpster enclosure. Dumpsters shall be fully enclosed or screened so as not to be visible from the street.

(10)

Sale of alcoholic beverages at restaurants. Restaurants shall not be subject to the requirements of section 3-1 of the City Code provided the sale of alcoholic beverages does not exceed twenty-five (25) percent of total restaurant sales and no more than twenty-five (25) percent of the total restaurant seating is devoted to bar seating.

(11)

Outdoor restaurant seating area. An outdoor restaurant seating area may be permitted for any establishment that is maintained and operated as a place where food is prepared within the premises either for takeout service or for consumption within the premises. Outdoor restaurants shall comply with section 16-112.

(12)

Nightclubs shall be permitted as special exception uses pursuant to section 16-36, and shall conform to the enclosed use requirement of subsection (d)(1) of this section.

(i)

[Reserved.]

(j)

B-7 District uniform signage plan. A uniform signage plan as described in section 16-264 of the Code shall be provided for all development in the B-7 District.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-I, § 1, 10-28-97; Ord. No. 402-98-B, § 5, 6-9-98; Ord. No. 402-98-C, § 3, 6-25-98; Ord. No. 402-98-F, § 1, 8-25-98; Ord. No. 402-98-G, § 2, 10-13-98; Ord. No. 402-98-J, § 1, 12-8-98; Ord. No. 402-99-A, § 1, 1-12-99; Ord. No. 402-99-C, § 1, 2-23-99; Ord. No. 402-99-H, § 1, 8-10-99; Ord. No. 402-00-A, § 2, 3-28-00; Ord. No. 402-00-C, § 4, 8-22-00; Ord. No. 402-01-A, § 1, 4-10-01; Ord. No. 402-01-C, § 1, 5-8-01; Ord. No. 402-01-G, § 1, 9-10-01; Ord. No. 402-02-A, § 1, 1-22-02; Ord. No. 402-02-G, § 2, 10-22-02; Ord. No. 402-03-B, § 1, 5-13-03; Ord. No. 402-04-B, § 2, 2-24-04; Ord. No. 402-04-C, § 1, 3-23-04; Ord. No. 76-04-B, § 7, 6-22-04; Ord. No. 402-05-D, § 1, 10-11-05; Ord. No. 402-07-A, § 2, 1-8-07; Ord. No. 402-07-C, § 3, 6-27-07; Ord. No. 76-07-A, § 52, 9-11-07; Ord. No. 402-07-D, § 8, 12-11-07; Ord. No. 153-08-A, § 6, 1-22-08; Ord. No. 402-08-A, § 3, 1-22-08; Ord. No. 153-09-A, § 6, 1-24-09; Ord. No. 402-09-E, § 3, 5-12-09; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-10-F, § 4, 10-12-10; Ord. No. 402-10-G, § 2, 10-12-10; Ord. No. 402-10-H, § 2, 12-14-10; Ord. No. 402-11-D, § 4, 5-10-11; Ord. No. 402-12-D, § 2, 4-10-12; Ord. No. 402-13-B, § 2, 4-9-13; Ord. No. 402-13-C, § 3, 5-14-13; Ord. No. 402-13-D, § 4, 6-11-13; Ord. No. 402-13-G, § 7, 11-12-13; Ord. No. 402-14-F, § 2, 2-11-14; Ord. No. 402-14-G, §§ 2, 3, 3-11-14; Ord. No. 402-16-A, § 8, 1-12-16; Ord. No. 402-17-A, § 3, 2-28-17; Ord. No. 402-17-B, § 2, 2-28-17; Ord. No. 402-17-C, § 3, 9-12-17; Ord. No. 402-18-B, § 2, 6-26-18; Ord. No. 402-18-C, § 2, 7-10-18; Ord. No. 402-21-B, § 2, 6-22-21; Ord. No. 402-22-B, § 7, 7-12-22)

Sec. 16-80. - I-1 Light Industrial District.

(a)

Purpose. The I-1 Light Industrial District is intended primarily for the manufacture, processing and assembly of articles and nonobjectionable products not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby residential or business property or either ground or surface waters. All processing, service and storage shall be inside the building unless otherwise noted.

(b)

Permitted uses.

(1)

The manufacture or processing of such produce as bakery goods, candies, cosmetics, dairy products, drugs, pharmaceuticals, and food produce unless otherwise prohibited.

(2)

The manufacturing, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, fur, felt, fiber, glass, horn, hair, leather, paper, plastics, precious and semiprecious metals or stones, shells, textiles, tobacco, wood, (except planing mills) and yarn.

(3)

The manufacture of pottery and figurines or other ceramic products using only previously pulverized clay and kiln-fired only by electricity or gas.

(4)

Manufacture and assembly of metal products including electroplating.

(5)

Manufacture of musical instruments or toys, novelties, notions, and rubber and metal stamps.

(6)

Machine shops.

(7)

Assembly of electrical appliances, electronic instruments and devices, radio, television and phonographs, including the manufacturing of small parts or mechanical equipment such as coils, condensers, transformers, crystal holders and the like.

(8)

Ice manufacturing and distributing.

(9)

Laundry and dry cleaning plants, linen and diaper services.

(10)

Storage warehouses, except mini-warehouses.

(11)

Welding shop.

(12)

Wholesale establishments.

(13)

Home appliance repair, locksmith, lawn mower sales and service, sharpening and grinding, radio, television and phonograph repair.

(14)

Printing plant.

(15)

New automobile sales and service dealerships. The sale of trucks with not more than two (2) axles and the sale of used automobiles are allowed as ancillary uses to a new automobile dealership.

(16)

Sign painting; glass and mirror shop; upholstery shop; awning and canvas shop; furniture repair shop and similar service uses.

(17)

Milk processing and distributing.

(18)

Taxidermist, pest control agency and similar service uses.

(19)

Pumps, machinery, plumbing and electrical fixtures, wholesale and repair.

(20)

Research and testing laboratory.

(21)

Building trades contractors (no outdoor storage of equipment or materials).

(22)

Restaurants for take-out or delivery only (for the primary use of the employees of the industrial area).

(23)

General office use and office buildings, provided that an office park or a freestanding office building with a gross area of over thirty thousand (30,000) square feet, shall be subject to the development and design standards of the B-5 Business District in section 16-78 of this Code.

(24)

Public and private utilities and accessory buildings and structures including but not limited to pump stations, transformer station, treatment plant, storage facility and exchange, not including solid waste management facilities, providing the property upon which said facilities are located is a minimum of one thousand (1,000) feet from the nearest residentially zoned property.

(25)

Radio, television, and video recording studios.

(26)

Municipal offices and service facilities in retail centers, office buildings, and warehouses, not owned by government.

(27)

County-owned and municipally-owned buildings.

(28)

Regulated uses, as regulated by section 16-115 of the Code, including, but not limited to, adult book store/adult novelty store/adult video store, adult dancing establishment, adult domination/submission parlor, adult motel, adult motion picture theater, encounter studio/modeling studio, massage establishment, and nude entertainment establishment.

(29)

The following subsections are applicable where the user is already actively engaged in some other use permitted within the light industrial district. Limited retail sales are permitted provided the following conditions are met:

All retail sales areas and showrooms shall be within the same entirely enclosed building as the permitted use.

Only merchandise which is warehoused, stored, or manufactures on the premises can be sold on a retail basis.

A division wall meeting all applicable requirements of the Florida Building Code shall separate the retail sales/showroom area from the industrial portion of the building, bay or unit, in order to prevent public access by the general public to the industrial use portion of the building, bay or unit.

Required parking for the use with limited retail sales is to be calculated based upon the floor area assigned to the use classification within the building, bay or unit, in accordance with the provisions of Article VII of the Code. The parking calculation for the multi-tenant or combined use building shall not consider an off-street parking space for one (1) tenant or use as providing the required off-street parking for any other tenant or use within the building.

Restroom facilities shall be available to customers and sales staff in accordance with all applicable code requirements, and shall meet all ADA requirements.

Signage shall be permitted only as allowed by Article XIV of the Code.

All activities of permitted retail sales/showrooms in the I-1 Industrial District, including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building.

The hours of operation for retail sales/showrooms shall be limited to:

Monday through Friday, 9:00 a.m. to 6:00 p.m.;

Saturday, 9:00 a.m. to 6:00 p.m.; and

Sunday, 12:00 p.m. to 5:00 p.m.

The retail sale of the following products are expressly prohibited in the I-1 District:

Drugs

Marijuana

Large mechanical equipment

Furniture

Pumps

Lumber

The size of the retail sales/showroom floor area must be less than twenty (20) percent of the total gross building floor area of the subject premises under a single certificate of use and occupancy, and all retail sales areas and showrooms shall be within the same entirely enclosed building.

(30)

The processing of spirituous beverages as a rectifier/blender, holding a valid State of Florida ERB license pursuant to F.S. Ch. 561, with no consumption on-premises and no retail sales on-premises.

(c)

Special exception uses. The following uses may be permitted in the I-1 district by the city commission in accordance with the requirements of Article III provided a particular use occupies no more than ten (10) contiguous acres:

(1)

All uses permitted in the OS Recreation/Open Space District (except as may be permitted in subsection (b)).

(2)

Building contractor with any outdoor storage of equipment or materials.

(3)

Sports arenas, stadiums, skating rinks, skateboard parks, water slides, go-kart raceways, bowling alleys, outdoor and indoor recreation, and outdoor and indoor amusements.

(4)

Health clubs and health spas.

(5)

Automobile repair, major and minor, (excluding motorcycle repair) provided that the use shall not be located adjacent to a residential district, even if separated by a street; and shall not be located on a site that is adjacent to a Broward County Trafficway. Outdoor storage of vehicles, equipment and parts shall be limited to an area located behind the principal building that is fully screened from public view by an eight-foot fence or wall and landscaping. Any parking provided for the temporary storage of vehicles shall be in addition to the minimum number of parking spaces required by subsection 16-144(a)(22). All service doors and similar doors must conform to the provisions of subsection 16-140(3).

(6)

Gasoline station.

(7)

Canning or freezing plant.

(8)

Restaurants and fast food restaurants (for the primary use of the employees of the industrial area unless the site has direct access from a Broward County Trafficway in which case the primary use restriction is inapplicable).

(9)

Commercial radio, television, microwave transmission and relay stations and towers.

(10)

Brick, tile or terra cotta manufacturing.

(11)

Veterinary clinics and kennels.

(12)

Rental agencies (including truck rental/leasing but excluding automobile rental/leasing).

(13)

Outside storage of boats, trailers, vans or recreational vehicles. Shall not be located adjacent to residential district even if separated by a street. A ten-foot screening hedge or masonry wall shall be provided. If a masonry wall is provided, trees shall be planted along any wall facing a public street at a distance of every twenty-five (25) feet and in conformance with subsection 16-165(d).

(14)

Hotels or motels, subject to the criteria in subsection 16-79(d)(4) and provided sufficient flexibility exists for commercial uses as permitted by the Comprehensive Plan.

(15)

Off-site parking lots.

(16)

Parks.

(17)

Adult education, instructional schools, and vocational schools.

(18)

Hospitals or clinics.

(19)

Libraries.

(20)

Governmental administration with services and maintenance facilities.

(21)

Police and fire facilities.

(22)

Public and private utilities, located less than one thousand (1,000) feet from residentially zoned property, not including solid waste management facilities.

(23)

Electronics recycling, when co-located with a vocational institution only.

(24)

Day care centers.

(25)

Community residential homes as defined in Article XVII.

(26)

One (1) dwelling unit per public school site as an accessory use.

(27)

Cemeteries and mausoleums.

(28)

Museums that are co-located with exhibit restoration facilities; provided that there shall be no retail sales of display items.

(29)

Sport shooting ranges.

(d)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district. In addition, the following uses shall be prohibited:

(1)

Solid waste management facilities.

(2)

Automobile wrecking or salvaging.

(3)

Heavy industrial uses.

(4)

Medical offices or clinics for doctors, dentists, podiatrists and related professions.

(5)

Manufacture of herbal incense, as defined in section 7-392 of the City Code.

(6)

Manufacture of bath salts, as defined in section 7-393 of the City Code.

(7)

Manufacture, brewing, and distilling of alcoholic beverages or liquor, except as a rectifier/blender.

(8)

Schools (K through 12th grade).

(e)

Uses not listed. Any use not covered by subsections (b) and (c), and that is not prohibited by subsection (d), may be authorized by the director of community development only if the use is similar to a listed use; otherwise an amendment to this chapter is required.

(f)

Height. Not to exceed five (5) stories or seventy (70) feet, whichever is more. See section 16-119 for height exceptions.

(g)

Minimum plot size. One (1) acre.

(h)

Lot coverage. The combined area occupied by all roofed structures shall not exceed forty (40) percent of the plot area.

(i)

Yard setbacks.

	Residential District or Broward County Traffic- way***	Other Street*	District Parcel,*
Front	75 ft.	25 ft.	25 ft.
Side	75 ft.	25 ft.	10 ft.
Rear	75 ft.	25 ft.	20 ft.

*Except if building exceeds twelve (12) feet in height, two (2) additional feet of setback shall be provided for every ten (10) feet of additional height.

**Including other I-1 Light Industrial District parcels and canal rights-of-way.

***Where a yard abuts land designated by the city as open space and the open space consists primarily of unpaved pubic right-of-way located between the plot line and the paved portion of the public right-of-way, the yard setback may be reduced by the width of the open space if the city commission determines that reducing the yard setback will not adversely affect the intended use of the open space. These provisions shall not apply when the right-of-way is a Broward County Trafficway.

(j)

Utility transmission lines. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground, with the exception of a main feeder line.

(k)

Loading, service and outside storage.

(1)

Off-street: Each site development shall provide sufficient on-site loading facilities to accommodate site activities (see section 16-148 Off-Street Loading). All loading movements, including turn-around, shall be made off the public right-of-way.

(2)

Visibility: Loading docks shall be located and screened so as not to be visible from any street.

(3)

Screening: Screening of service areas may consist of an approved combination of berming, landscaping, walls and/or fences.

(4)

Outside storage: No materials, supplies, or equipment may be permitted to remain outside any building.

(5)

Garbage and refuse: Garbage and refuse facilities shall be fully screened so as not to be visible from any street.

(l)

Truck parking. All trucks in excess of one-ton carrying capacity shall be parked in rear side yards and fully screened from view from adjacent properties or any public rights-of-way. No trucks in excess of one-ton carrying capacity may be parked in any street yard regardless of screening.

(m)

Building design. A relatively wide variety of architectural design and materials shall be permitted. However, it is intended that a basic harmony of architecture shall prevail so that no building shall detract from the attractiveness of the overall environment. Box-like buildings will be strongly discouraged. Buildings may be of architectural concrete, stucco, glass, or precast concrete.

(n)

Signage. See article XIV for regulation of signs.

(o)

Floor area ratio (FAR): The maximum floor area ratio of proposed development shall not exceed the following:

Height of Building	Maximum FAR
One Story	0.35
Two Story	0.50
Three Story	0.65
Four Story	0.80
Greater than four stories (maximum 15 stories)	1.00
Western Sunrise Area only: Greater than four stories (maximum 20 stories)	2.00

Note: For the proposed mixed use developments combining two (2) or more of the following use types, hotel, retail commercial uses or offices, in any combination, the maximum permitted floor area ratio (FAR) may be increased to one and one-half (1.5), and increased to three (3.0) within the Western Sunrise Area only, subject to granting of the special exception by the city commission. (Note: development of retail commercial uses on land designated as industrial is subject to the allocation of commercial flexibility as provided for in the implementation section of the future land use element of the comprehensive plan.)

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-H, § 1, 10-28-97; Ord. No. 402-98-A, § 1, 1-27-98; Ord. No. 402-01-G, § 2, 9-10-01; Ord. No. 402-02-F, § 2, 8-27-02; Ord. No. 402-02-G, § 3, 10-22-02; Ord. No. 402-05-D, § 2, 10-11-05; Ord. No. 402-07-D, § 7, 12-11-07; Ord. No. 402-09-H, §§ 2, 3, 11-24-09; Ord. No. 402-10-E, § 2, 8-10-10; Ord. No. 402-10-G, § 3, 10-12-10; Ord. No. 402-11-B, § 3, 3-8-11; Ord. No. 402-12-D, § 3, 4-10-12; Ord. No. 402-12-I, § 2, 7-10-12; Ord. No. 402-13-A, § 2, 1-22-13; Ord. No. 402-13-D, § 5, 6-11-13; Ord. No. 402-13-E, § 2, 7-9-13; Ord. No. 402-14-N, § 2, 12-9-14; Ord. No. 402-16-A, § 9, 1-12-16; Ord. No. 402-16-C, § 2, 2-23-16; Ord. No. 402-17-A, § 4, 2-28-17; Ord. No. 402-18-C, § 3, 7-10-18; Ord. No. 402-20-B, § 2, 12-8-20)

Sec. 16-81. - Home occupations permitted in residential districts.

Notwithstanding any other provision of the land development code to the contrary, home occupations shall be a permitted use in any residentially zoned district provided the home occupations pay the requisite local business tax and obtain the necessary local business tax receipt pursuant to Chapter 7 of the City Code.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 76-07-A, § 53, 9-11-07)

Sec. 16-82. - Western Sunrise Area.

(a)

The Western Sunrise Area is that portion of the city bounded by the Sawgrass Expressway on the west, Oakland Park Boulevard on the north, Flamingo Road on the east and I-595 on the south. Notwithstanding anything contained in any zoning district to the contrary, the following uses shall be prohibited in the Western Sunrise Area.

Ambulance service

Amusement recreation enterprises (outdoor)

Automobile and boat sales, service and rental, except as provided in subsection (c)

Automobile parts as an accessory use, except as provided in subsection (c)

Automobile repair, minor, except as provided in subsection (c)

Automobile repair, major, except as provided in subsection (c)

Automobile washing establishments, except as provided in subsection (c)

Batting cages and similar facilities, indoor and outdoor

Boat storage establishments (excluding marinas providing on site rentals)

Building material sales

Escort service

Food storage lockers

Furniture and domestic equipment rental establishments

Furniture reupholstering, repair and stripping

Funeral homes and crematoriums

Go-cart racing, indoor and outdoor

Golf courses, miniature, indoor and outdoor

Golf driving range, indoor and outdoor

Greenhouses

Gun clubs and shooting galleries

Laundry and cleaning establishments that serve primarily institutional customers or facilities that serve other laundry and cleaning establishments

Laundry, coin operated

Massage service

Mobile home sales and rentals

Nightclubs, except as provided in subsection (b)

Pawn shops

Public baths

Recreation vehicle parks and sales and service establishments

Regulated uses

Repair shops primarily providing repair for household goods and primarily dealing directly with the public

Schools - K through 12th grade

Schools - Vocational

Skating rinks (outdoor)

Shopping centers, unless they have a major tenant which occupies at least fifteen thousand (15,000) square feet of leasable area, retail sites which are too small to accommodate a fifteen thousand (15,000) square foot store shall be restricted to occupancy by a single tenant. For the purpose of this regulation, a shopping center shall be a group of two (2) or more commercial establishments in one (1) building or a group of buildings for which common parking is provided based on the total requirements of all uses therein.

Storage establishments

Taxidermists

Trailer sales and rental establishments

Upholstering, cloth and canvas products fabrication, including the fabrication of slipcovers, awnings and similar products

(b)

The Western Sunrise Entertainment District is that portion of the Western Sunrise Area bounded by the Sawgrass Expressway on the west; Oakland Park Boulevard on the north; Flamingo Road on the east; and, a southern boundary consisting of Sunrise Boulevard east of N.W. 136 Ave, and one thousand four hundred (1,400) feet south of southern edge of the right-of-way of Sunrise Boulevard west of N.W. 136 Avenue. Notwithstanding other regulations contained in any zoning district, the following uses shall be permitted in the Western Sunrise Entertainment District:

Nightclubs.

(c)

The Western Sunrise Automobile Node is that portion of the Western Sunrise Area as described in City of Sunrise Ordinance 402-13-B. Notwithstanding other regulations contained in any zoning district, automobile sales, the display, incidental service and repair of new automobiles shall be permitted in the Western Sunrise Automobile Node subject to the following restrictions:

(1)

Special exception use approval from the city commission shall be required consistent with section 16-36.

(2)

Outdoor storage and display of stock in trade merchandise, including vehicle storage and display, shall be consistent with section 16-128.

(3)

Sale of trucks, up to a maximum of thirty (30) feet in length, shall only be permitted as an ancillary use to an automobile dealership.

(4)

Sale of trucks over thirty (30) feet in length shall be prohibited.

(5)

Sale of used vehicles shall only be permitted as an ancillary use to an automobile dealership.

(6)

Automobile repair, major and minor, shall only be permitted as ancillary uses to an automobile dealership.

(7)

Automobile washing shall only be permitted as an ancillary use to an automobile dealership.

(8)

A minimum lot size of two (2) acres is required for all automotive dealerships.

(9)

A minimum setback from public right-of-way to any parking or display area shall be twenty-five (25) feet.

(10)

Notwithstanding any other provisions in section 16-264, automobile dealership uses shall not be included in a Uniform Signage Plan.

(11)

Notwithstanding any other provisions in section 16-252, no wall signage shall be mounted more than thirty (30) feet above grade (measured to the top of the sign).

The owner or developer shall submit a site plan consistent with section 16-31. In addition, the site plan shall take into account the location within the Western Sunrise Area, visibility from adjacent roadways, site constraints, and other design or site factors including but not limited to site layout, building elevations, and landscaping.

Prior to approval of a site plan, the developer or owner shall submit a developer's agreement with proposed supplemental regulations for the Western Sunrise Automobile Node in compliance with F.S. §§ 163.3220—163.3243. If approved by the city commission, any supplemental regulations contained in the developer's agreement shall supersede all other Land Development Code provisions regulating the Western Sunrise Automobile Node to the extent of any conflict. The developer's agreement shall be executed by the owner or developer, approved by the city and recorded in the public records. Any development matter not expressly addressed in the supplemental regulations shall continue to be subject to the Land Development Code. Any questions regarding the existence of a conflict shall be determined by the community development director. The director's determination shall be final.

(Ord. No. 402-98-H, § 1, 12-8-98; Ord. No. 402-00-C, § 5, 8-22-00; Ord. No. 402-00-E, § 1, 9-11-00; Ord. No. 153-08-A, § 7, 1-22-08; Ord. No. 402-09-E, § 3, 5-12-09; Ord. No. 402-09-H, § 4, 11-24-09; Ord. No. 402-13-B, § 3, 4-9-13; Ord. No. 402-14-E, § 2, 2-11-14; Ord. No. 402-18-A, § 2, 1-9-18)

Sec. 16-83. - Application and review procedures for extended hours licenses within Western Sunrise Area.

Application. An application for an extended hours license for consumption of alcohol within the Western Sunrise Entertainment District shall be submitted and processed in accordance with Chapter 3 "Alcoholic Beverages," Article 2 "Extended hours license procedure" of the Code of Ordinances.

(Ord. No. 153-08-A, § 8, 1-22-08)

Sec. 16-101. - Planned unit development (PUD) district.

(a)

Purpose. The primary purpose of the planned unit development (PUD) district is to promote quality development with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. Planned unit developments are recognized as serving the public interest and are encouraged for the following reasons:

(1)

To allow diversification of uses, structures, and open spaces when not in conflict with existing and permitted land uses on abutting properties;

(2)

To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through application of standards contained in conventional land development regulations and site designs;

(3)

To conserve the natural amenities of the land by encouraging the preservation and improvement of scenic and functional space;

(4)

To provide a high quality of design and materials to create aesthetically pleasing environments for living, shopping, and working in the City;

(5)

To promote sustainable development;

(6)

To ensure that development will occur within the guidelines and intent of the Sunrise Comprehensive Plan and this chapter. Planned unit developments are equally adaptable to new development or redevelopment;

(7)

To promote a more efficient use of the roadway system, encourage multi-modal trips and pedestrian mobility;

(8)

To provide a broader range of housing opportunities within the City, including affordable housing opportunities consistent with City and Broward County guidelines; and

(9)

To provide for other limitations, restrictions, and requirements as deemed necessary due to the uniqueness of the development.

(b)

Unified control.

(1)

All land rezoned to a PUD district shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD district. This requirement for unified control shall not apply if the property in the PUD is contained within an approved development of regional impact (DRI).

(2)

The unified control document shall include the following requirements by the applicant:

To proceed with the proposed development according to the PUD district regulations which includes the development standards identified within this section along with the design guidelines as approved by the City Commission, conditions of approval of the rezoning of the property to PUD, and the approved master development plan;

To provide for continuing operation and maintenance of any proposed public open spaces and common elements of the approved PUD and master development plan; and

To bind their successors in title to any conditions of approval of the PUD.

(c)

Permitted uses.

(1)

All residential uses permitted within this Code.

(2)

Nonresidential uses subject to the following limitations:

No more than thirty (30) percent of the proposed square footage of development in the PUD may be used for nonresidential uses.

The nonresidential uses in a planned unit development are restricted to the uses permitted in the City's B-1 or B-2 zoning district.

Nonresidential uses located in a PUD are intended to meet the daily neighborhood shopping and service needs of the PUD, as well as provide for the general commercial and office needs of the City. Nonresidential uses shall be designed as integral, harmonious parts of the PUD, appropriately buffered and screened from residential uses outside the PUD to protect them from unsightliness, noise, odors, lights, and other characteristics incompatible with residential uses. Nonresidential uses should be pedestrian-oriented and accessible to walkways and bicycle paths. All nonresidential uses located in the PUD shall be internally oriented and designed so that no store fronts, store signs, or advertisements are visible from residential areas of the PUD, unless such nonresidential uses are vertically integrated into the residential structures. Storage of merchandise, equipment and materials (including trash and waste) shall be located within an enclosed building.

(d)

Development Standards. All development in the PUD shall comply with the development standards contained in this subsection. However, an applicant requesting a rezoning to PUD may propose alternative development standards to those contained in this subsection as part of the PUD design guidelines of the uniform control document submitted with the rezoning application. An applicant may propose alternative development standards for other sections of the Code that are applicable to the development in the PUD. Alternative development standards are subject to City Commission approval and shall supersede the development standards contained in this subsection and the Code. Any development standard in the Code not specifically listed below or modified by the approved PUD alternative development standards shall be applied in accordance with the Code.

(1)

Minimum tract size. All planned unit developments shall contain one of the following:

A minimum of eight (8) acres of contiguous land designated as PUD.

A minimum of four and one-half (4.5) acres of contiguous land designated as PUD for an affordable housing development with a minimum of eighty (80) percent of the units deed restricted as affordable housing for a minimum of thirty (30) years for households earning between twenty-five (25) and eighty (80) percent of the Broward County Area Median Income, as adjusted for family size.

(2)

Maximum density.

The total number of dwelling units permitted in a PUD shall not exceed the total number of units permitted by the Land Use Element of the Sunrise Comprehensive Plan or the DRI development order.

The ordinance adopting the rezoning for a specific PUD shall specify the allowable number of units permitted in that particular planned unit development or the DRI development order.

(3)

Minimum lot size. No minimum lot size shall be required within a PUD.

(4)

Distance between structures.

There shall be a minimum distance of fifteen (15) feet between detached single-family buildings.

There shall be a minimum distance of twenty (20) feet between multi-family buildings.

(5)

Access.

Each dwelling unit and other permitted use shall have access to a public street either directly or indirectly via a private road, pedestrian way, court, or other area dedicated to public or private use guaranteeing access.

Permitted uses are not required to front on a dedicated public road.

The City shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the PUD.

If the PUD abuts a city park and/or planned linear park, the PUD must provide for a viable connection to the park.

(6)

Setbacks. There are no required setbacks or yards except there shall be a building setback or yard of not less than thirty (30) feet in depth from the perimeter edge of the PUD.

(7)

Maximum height of structures. The maximum height of a structure shall be five (5) stories or eighty (80) feet, whichever is greater. Where any perimeter of a PUD is adjacent to existing single-family units, the maximum height for any proposed building in the PUD located within one hundred (100) feet of that perimeter shall be thirty-five (35) feet.

(8)

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

Single-family unit .....1,650 square feet for a three bedroom unit

Efficiency unit .....700 square feet

One bedroom multifamily, two-family, townhouse, villa .....700 square feet

Two bedroom multifamily, two-family, townhouse, villa .....1,000 square feet

Each additional bedroom (multifamily, two-family, townhouse, villa) .....175 square feet

(9)

Floor area ratio. The combined floor area of all principal and accessory buildings shall be limited to the floor area ratio requirements of the City's Comprehensive Plan.

(10)

Off-street parking and loading requirements. Because of the unique land uses and design characteristics of project zoned PUD, the applicant may propose deviations from the requirements of Article VII of this Code for off-street parking consistent with the following guidelines:

Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from major streets.

The interior of all parking lots shall be landscaped to provide shade and relief.

Parking lot layout shall take into consideration pedestrian circulation and pedestrian crosswalks shall be provided where necessary and appropriate.

The applicant may propose parking that does not meet minimum Code requirements, in which case the applicant shall submit a parking study, prepared by a registered traffic engineer. At a minimum, the parking study shall include the number of proposed parking spaces, public transit ridership statistics, and justification for any deviations from the requirements of Article VII of this Code for off-street parking and loading. The study shall be reviewed and approved by the director of community development or his/her designee.

Bicycle parking spaces shall be provided throughout the site by way of bicycle racks capable of accommodating a cumulative minimum equal to five (5) percent of the required vehicle parking.

(11)

Landscaping. All landscaping shall meet the requirements of Article VIII of the Code. The landscaping requirements within a PUD shall be determined by utilizing the requirements in article VIII for the zoning categories, which most closely resemble the residential density within the PUD. This determination shall be made by the director of community development. The applicant may request a deviation from the requirement of Article VIII of the Code as part of any requested alternative design standards.

(12)

Plant materials. Plant material should be used to accomplish the design objectives of the PUD (defining and intensifying spaces and routes of movement, identifying space). Plant materials shall be in accordance with subsection 16-165(d)(3) and functionally appropriate for shade, shelter, height and mass, texture color and form. Major areas such as entry ways, streetscapes, and open spaces should have distinctive planting schemes using unique-type trees, groundcover and paving to give identity to these areas.

(13)

Open space requirements. A PUD shall provide and maintain open space at least equal to thirty-five (35) percent of the gross area of the PUD Open space is defined as pervious surfaces, plus plazas, pool decks, sidewalks and other outdoor use areas, except that lakes or other water area shall not count for more than twenty-five (25) percent of the open space requirement, unless such water area is within a recorded wetlands conservation easement in which no more than thirty-five (35) percent of water area shall count towards the open space requirement.

(14)

Coordination with Broward County Transit. The applicant shall coordinate with Broward County Transit and the City of Sunrise to provide the necessary infrastructure to accommodate future public transportation.

(15)

Affordable Housing Waivers. In order to facilitate the production of affordable housing for very low income households and/or low income households, the department may waive any and all requirements established by the following sections; sections 16-101(e)(8), 16-142(b)(1), 16-169, and 16-192(d)(4). The applicant may propose parking that does not meet minimum Code requirements as a waiver, in which case the applicant shall submit a parking study, prepared by a registered traffic engineer. At a minimum, the parking study shall include the number of proposed parking spaces, public transit ridership statistics, and justification for any deviations from the requirements of Article VII of this Code for off-street parking and loading. The study shall be reviewed and approved by the director of community development or his/her designee. The applicant may request up to a fifteen (15) percent reduction in the minimum floor area requirements identified in section 16-101(d)(8). All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which the property is located within one-third (⅓) of a mile from an existing Broward County Transit bus stop and include rental or sales restrictions and monitoring provisions to that ensure that all of the units will be reserved for very low income and/or low income households for at least thirty (30) years. Such restrictions must be reviewed and approved by the Department prior to waiver approval. For the purpose of this subsection, the terms "very low income" and "low income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income and low income is fifty-one (51) to eighty (80) percent of area median income.

(e)

Design standards. The applicant shall demonstrate that the PUD is consistent with the following:

(1)

Building architecture shall be creative and distinctive with site development incorporating sustainable design concepts with respect to architecture, green design, landscaping and urban form.

(2)

To prevent long stretches of repetitive and undifferentiable wall planes, a building shall be designed in a manner that reduces its apparent bulk by visually dividing the façade into small segments that create a complementary pattern of rhythm and divide large buildings into smaller identifiable pieces. Building proportions with strong vertical emphasis that exaggerates building height are to be avoided.

(3)

At least two (2) of the following methods shall be used on the facades of a building:

A minimum step back (recess) or projection of the façade three feet or more for a minimum of twenty-five (25) percent of the façade area.

Architectural design elements such as porches, canopies, towers, dormers, bay windows, balconies, and distinctive entry features that provide depth to the façade by breaking up a minimum of twenty-five (25) percent of the façade area.

Variation of the roof and/or roof wall height to visually break up a minimum of twenty-five (25) percent of the façade, such as by use of variation in roof line, roof pitches, dormers, and/or parapet heights.

Horizontal and/or vertical variation in texture, or materials and architectural detailing with elements, such as cornices, friezes, reliefs, dentils, architraves, pediments, pilasters, quoins, corbels, to distinguish floors and adjoining units or to signify various elements of the building.

(4)

Building facades facing major roadways and pedestrian corridors shall incorporate appropriate architectural features to enhance the aesthetic environment. These features must conform to the architectural style of the building, and must include cornice detailing, ornamentation, moldings, changes in materials and textures, color variations, and other architectural sculpting that enhances the ground level and adds interest and appeal to the building's exterior.

(5)

Windows and doors shall be defined with decorative details such as frames, sills, shutters, planters, relief trims, or molding.

(6)

Decorative brick or concrete pavers in all driveways and walkways in all residential areas.

(7)

A two (2) car garage for each detached single-family residential unit.

(8)

In multi-family developments, one (1) parking garage space or one (1) space in a parking garage onsite for every two (2) multi-family units shall be provided. Required parking spaces located in private individual garages shall not be used for storage nor for habitable space.

(9)

Common on-site open space and private recreation facilities shall be provided for any residential uses. The type and size will be appropriate for the size and character of the PUD.

(10)

Public art and public open spaces, such as public plazas and courtyards shall be provided. In addition to the above, public art shall be provided along or adjacent to major roadway corridors.

(11)

All mechanical and other similar equipment located on the roof or ground shall be screened by parapets or screens that are equal in height or taller than the equipment.

(12)

If provided, nonresidential uses shall be designed as integral, harmonious parts of the PUD and may be horizontally or vertically integrated with residential uses.

(13)

A minimum six (6) foot decorative precast or concrete wall shall be provided along the perimeter of the PUD that is directly adjacent to any single family uses.

(14)

An internal circulation system of walkways and bicycle paths to connect uses in the PUD and to the adjacent roadway network. The internal circulation system shall be spatially defined by buildings, trees, and pedestrian lighting and should incorporate designs with traffic calming measures.

(15)

Transit shelters, if applicable, in accordance with Broward County and City of Sunrise design standards by coordination pursuant to Section 16-101(d)(14).

(16)

All storage of merchandise, equipment and materials for nonresidential uses shall be within an enclosed building or buildings.

(17)

The applicant shall include and provide sustainable practices and a list of green building design elements used in the design and construction of the PUD. Such measures may include, but not be limited to, the directional orientation of buildings, the location of windows, minimization of radiant heat absorption, use of alternative energy sources, and the inclusion of energy-efficient landscaping.

(18)

Two (2) percent of all required parking spaces shall be electric vehicle charging spaces and comply with the following requirements:

Electric vehicle charging spaces shall be reserved for the exclusive use of electric vehicles.

Electric vehicle charging spaces shall, at a minimum, be equipped with an electric vehicle charging station rated at electric vehicle charging level 2.

(19)

The applicant is encouraged to incorporate natural gas throughout the project.

(20)

The irrigation system shall be designed to accept irrigational reuse when available and commit to connecting to the reuse distribution system when available.

(21)

All utilities including telephone, cable television, and electrical systems shall be installed underground, subject to approval from the applicable utility. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all utility facilities permitted aboveground.

(f)

Procedures and requirements for rezoning to a planned unit development.

(1)

A master development plan meeting the requirements of section 16-39 shall be required of developments requesting rezoning to PUD, and the site plan review procedures contained in subsection 16-31(e) shall be followed. In the event that the proposed PUD is located within a development of regional impact, the DRI development order, master plan processes, and the site plan review procedures contained in subsection 16-31(e) shall apply. For PUDs with single-phased development, the requirements for a master development plan shall not be applicable. In this case, a site plan meeting subsection 16-31(e) criteria shall serve as the development plan required for the PUD and the design guidelines submitted with the PUD shall include a conceptual master plan that shows a schematic representation of the land uses included in the PUD and the adjacent area.

(2)

PUDs are a mechanism providing greater regulatory flexibility in exchange for greater quality of development. As a result, the planning and zoning board shall review all applications for approvals related to a PUD that require city commission approval, and recommend to staff any suggested enhancements to the quality of the proposed PUD.

(3)

An applicant seeking to rezone property to PUD shall submit a unified control document and design guidelines to demonstrate compliance with the development standards and the design standards of this section. The design guidelines shall also include any requested alternative development standards. The design guidelines shall be presented in a concise manner, and include text, tables and graphics as necessary to demonstrate compliance with the design guidelines. The design guidelines shall identify each of the proposed alternative development standards. The design guidelines are subject to review and approval by the City Commission as part of the PUD rezoning. Any Code provision not expressly addressed in the approved design guidelines shall continue to be subject to the Code. The director of community development shall determine any questions regarding the existence of a conflict.

(4)

Site plan approval may be processed concurrently with or subsequent to approval of the PUD rezoning.

(5)

Plans submitted as part of an application for rezoning to PUD must be prepared by either a planner who by reason of education and experience is qualified to become or is a full member of the American Institute of Certified Planners; or an architect or landscape architect licensed by the State of Florida; or a professional engineer registered by the State of Florida and trained in the field of civil engineering; and/or a land surveyor registered by the State of Florida and trained in the field of civil engineering; and/or a land surveyor registered by the State of Florida.

(g)

Conformance to approved PUD and Amendments.

(1)

After rezoning to PUD district, no permits shall be issued by the city, and no development shall commence unless in conformance with the approved master development plan and/or design guidelines. The director of community development or designee may approve minor changes and deviations from the approved master plan and/or design guidelines which do not depart from the principal concept of the approved master development plan or PUD. These minor changes to approved the PUD may be applied to the location, types and configuration of buildings, landscaping, and similar changes when consistent with the character and intent of the approved PUD.

(2)

The director of community development or designee may determine that requested changes and deviations from an approved master development plan or design guidelines constitute a substantial alteration to the character of the PUD and thus require that a new application be submitted and the requested changes be reviewed by the City Commission. Such substantial alterations to the design guidelines may be approved by the City Commission by Resolution.

(3)

Where a PUD is located within a development of regional impact, the requirements of the Florida Statutes and other relevant requirements must be followed regarding any requested changes.

(h)

Effective period of PUD approval. Approval of a rezoning to PUD as provided herein and of its master development plan or site plan shall be effective for a period of eighteen (18) months. Unless construction of some phase of the proposed approved project is commenced on or before the last day of the eighteenth month following the date of approval, then said approval shall expire. Approval of a PUD shall remain effective while development activity continues on the project as defined by permitting and inspection procedures. The director of community development or designee may extend this period for one (1) year for good cause. Thereafter, the applicant must reapply.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-01-E, § 1, 7-24-01; Ord. No. 402-22-A, § 2, 1-25-22; Ord. No. 402-24-F, § 2, 6-25-24; Ord. No. 402-25-C, § 2, 7-8-25; Ord. No. 402-25-D, § 2, 9-15-25)

Editor's note— Ord. No. 402-22-A, § 2, adopted Jan. 5, 2022, amended § 16-101 and in doing so changed the title of said section from "Planned unit development (P.U.D.) district" to "Planned unit development (PUD) district," as set out herein.

Sec. 16-102. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-102, which pertained to unified control and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, § 2, adopted July 24, 2001.

Sec. 16-103. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-103, which pertained to permitted uses and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, §§ 2—3, adopted July 24, 2001.

Sec. 16-104. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-104, which pertained to land use regulations and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, §§ 2—4, adopted July 24, 2001.

Sec. 16-105. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-105, which pertained to procedures and requirements for rezoning to a planned unit development and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, §§ 2—5, adopted July 24, 2001.

Sec. 16-106. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-106, which pertained to conformance to approved master development plan for multi-phase projects and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, §§ 2—5, 7, adopted July 24, 2001.

Sec. 16-107. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-107, which pertained to effective period of P.U.D. approval and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; and Ord. No. 402-01-E, §§ 2—5, 7, adopted July 24, 2001.

Sec. 16-108. - Reserved.

Editor's note— Ord. No. 402-22-A, § 3, adopted Jan. 25, 2022, repealed § 16-108, which pertained to supplemental regulations for a P.U.D. and derived from Ord. No. 402-97-E, § 1, adopted Aug. 26, 1997; Ord. No. 402-01-E, §§ 2—5, 7, adopted July 24, 2001; Ord. No. 402-03-G, § 1, adopted Oct. 28, 2003; and Ord. No. 402-09-G, § 11, adopted Nov. 24, 2009.

Sec. 16-109. - Planned Development District (PDD).

(a)

Intent and purpose of district. The purpose of this district is to promote and regulate the planned development of large projects, by allowing greater freedom of design, by improving the opportunity for flexibility, creativity and innovation in land development, by limiting the expenditure of public funds, and by achieving the intent of land use regulations. Specifically, this district shall:

(1)

Allow diversification of uses, structures, and open spaces when not in conflict with existing and permitted land uses on abutting properties.

(2)

Reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land development regulations.

(3)

Conserve the natural amenities of land by encouraging the preservation of environmentally significant, scenic or functional open space.

(4)

Provide the maximum opportunity for the application of innovative site planning concepts to the creation of aesthetically pleasing environments for living, shopping, and working on properties of adequate size, shape and location.

(5)

Ensure that development will occur according to the land use, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a PDD master plan.

(6)

Provide the city commission a greater opportunity to enforce the goals, objectives and policies of the Comprehensive Plan on site-specific projects.

(7)

Ensure that concurrent development of all uses will occur as the project is developed, so that the presumed synergy of the mixed uses will be achieved.

(8)

Provide for other limitations, restrictions and requirements as deemed necessary.

(9)

To reduce the effects of natural disasters and to promote safer environments through strategic urban design.

(b)

Unified control.

(1)

All land included for the purpose of development within a PDD shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents (such as a declaration of covenants) to constitute evidence of the unified control of the entire area within the proposed PDD. This subsection and subsection (2) (c) below shall not apply if the application property is contained within an approved development of regional impact (DRI).

(2)

The applicant shall agree in the application for rezoning to the following:

To proceed with the proposed development according to the provisions of these regulations, conditions attached to the rezoning of the land to PDD, the approved PDD master plan, and the adopted DRI development order (for DRI projects only).

To provide agreements, contracts, covenants, deed restrictions, and sureties, as necessary, acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PDD and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated, or maintained at public expense;

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be examined by staff, and no rezoning of land to PDD classification shall be adopted without a certification by the director of community development, or his/her designee, and the city attorney that such agreements and evidence of unified control meet the requirements of these regulations; and

If the applicant elects to maintain common open space through an association or nonprofit corporation, said organization shall conform to the applicable laws of the State of Florida.

(c)

Permitted uses and density.

(1)

The Planned Development District (PDD) is intended to allow planned mixed use projects, provided that:

Such uses are allowed by the City's Comprehensive Plan;

The number of residential units shall not exceed the maximum allowed gross density determined by the underlying land uses as shown on the adopted future land use map; and,

The combining of uses shall be subjected to review for compatibility and location of uses.

(2)

The following uses shall be prohibited in the PDD:

Ambulance service

Amusement recreation enterprises (outdoor)

Animal grooming

Automobile and boat sales, service and rental

Automobile parts as an accessory use

Automobile washing establishments

Batting cages and similar facilities, indoor and outdoor

Boat storage establishments

Building material sales

Drug store

Escort service

Food storage lockers

Funeral homes and crematoriums

Furniture and domestic equipment rental establishments

Furniture reupholstering, repair and stripping

Go-cart racing, indoor and outdoor

Golf courses, miniature, indoor and outdoor

Golf driving range, indoor and outdoor

Greenhouses

Gun clubs and shooting galleries

Laundry and cleaning establishments that serve primarily institutional customers or facilities that serve other laundry and cleaning establishments

Laundry, coin-operated

Massage service

Medical marijuana dispensary

Mobile home sales and rentals

Pawnshops

Public baths

Recreation vehicle parks and sales and service establishments

Regulated uses

Repair shops primarily providing repair for household goods and primarily dealing directly with the public

Schools (K through 12th grade)

Single-family units

Skating rinks (outdoor)

Self storage establishments

Tattoo parlors

Taxidermists

Trailer sales and rental establishments

Upholstering, cloth and canvas products fabrication, including the fabrication of slipcovers, awnings and similar products

(d)

Development regulations.

(1)

Minimum site area. Eight (8) acres of contiguous land area.

(2)

Perimeter development requirement. No housing type, use, setback, height, and coverage requirements are established. However, existing residentially zoned property adjacent to the perimeter of the PDD shall be protected by setbacks, landscaping, minimum ten-foot high decorative walls, and other buffers to be established as part of the PDD master plan.

(3)

Internal development requirement.

No minimum lot sizes shall be required.

No minimum distance between on-site structures shall be required.

No minimum yard setbacks shall be required.

(4)

Off-street parking. Because of the unique land uses and design characteristics of projects zoned PDD, the minimum parking space requirement and design shall be determined on a project basis, however, parking facilities shall adhere to the following guidelines:

Parking lot layout, landscaping, buffering and screening shall minimize direct views of parked vehicles from major streets.

The interior of all parking lots shall be landscaped to provide shade and visual relief.

Parking lot layout shall take into consideration pedestrian circulation and pedestrian crosswalks shall be provided where necessary and appropriate.

The applicant may propose parking that does not meet minimum code requirements, in which case the applicant shall submit a parking study, prepared by a registered traffic engineer. At a minimum, the parking study shall include the number of proposed parking spaces, public transit ridership statistics, and justification for any deviations from the requirements of Article VII of this Code for off-street parking and loading. The study shall be reviewed and approved by the director of community development or his/her designee.

Bicycle parking spaces shall be provided throughout the site.

(5)

Landscaping and buffering. Landscaping shall meet all the requirements of Article VIII of the Land Development Code. Modification of the Land Development Code may be requested in the PDD rezoning application and must obtain approval from the city commission. These modifications must be explicitly listed in the development agreement (section 16-109(e) below) and the PDD master plan.

(6)

Underground utilities. All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above ground facilities in a manner not inconsistent with the requirements of the applicable utility provider.

(7)

Accessibility.

Every residential unit or permitted use shall have direct access to a public street via private road, easement or area dedicated or reserved for public use.

To provide for interconnectivity between individual developments, the PDD must provide logical connections within the development and to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to adjacent properties in anticipation of future developments.

If the development abuts a city park and/or planned linear park, the PDD must provide for a viable and logical connection to the park.

(8)

Common open space requirements. A minimum of fifteen (15) percent of the total project area shall be established and maintained as common open space or common facilities. Lakes, lagoons, or other water bodies shall not count for more than fifty (50) percent of the open space requirement. All minimum open space requirements shall be pursuant to the underlying land use designation. In recognition of the urbanized character of this district, the common open space requirement may be met by inclusion of public plazas, outdoor seating areas, arcades, rooftop gardens, courtyards, and other similar features. No areas shall be accepted as common open space unless it satisfies the following standards:

Common open space shall be usable by residents and persons employed in the PDD.

Common open space shall be suitably improved for its intended use. Such use may include aesthetic, amenity, buffering or recreational purposes, or the preservation of natural resources, natural features or habitats.

Common open space set aside for the preservation of natural features or habitats, or for buffering purposes shall remain undisturbed and be protected by conservation easements.

The location, shape, size and character of common open space shall be depicted or otherwise described on the PDD master plan.

All designated common open spaces shall be preserved by one (1) or more of the following methods:

Conveyance to a property owner, condominium association, or a nonprofit corporation; or

Retention of ownership, control and maintenance by the developer.

(9)

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

Efficiency unit	700 Square Feet
One bedroom multifamily, two-family, townhouse, villa	850 Square Feet
Two bedroom multifamily, two-family, townhouse, villa	1,000 Square Feet
Each additional bedroom (multifamily, two-family, townhouse, villa)	175 Square Feet

(10)

Coordination with Broward County Transit. The applicant shall coordinate with Broward County Transit and the City of Sunrise to provide the necessary infrastructure for improvements to accommodate future public transportation.

(11)

Coordination with City of Sunrise Police Department. The applicant shall coordinate with the City of Sunrise Police Department and implement crime prevention and enhanced safety within the project.

(12)

Design guidelines. The applicant shall comply with the design guidelines adopted concurrently with the PDD master plan approval.

(13)

Supplemental regulations for a PDD.

A developer seeking to rezone land to a PDD district may submit with the rezoning application proposed supplemental regulations for the PDD, to be included in a development agreement. Such submittal shall identify each provision of the proposed supplemental regulations that is in conflict with the PDD development regulations as provided in subsection (d) above.

If approved as part of the PDD rezoning, the supplemental regulations shall supersede the provisions of subsection (d) above regulating the PDD to the extent of any conflict. Any development matter not expressly addressed in the supplemental regulations shall continue to be subject to the Land Development Code. Any questions regarding the existence of a conflict shall be determined by the director of community development or his/her designee. The director's determination shall be final.

(14)

Compliance with regulations in effect at the time of development. Unless otherwise specifically described within the development agreement, final development plans and development permits for uses/structures within the PDD shall comply with regulations, ordinances and resolutions in effect at the time of PDD master plan approval. If there are no prevailing regulations, the director of community development or his/her designee shall reserve the right to make final determination on any site design regulation. This provision shall be included in the development agreement.

(e)

Submittal documents. Upon application for rezoning to the PDD district, the applicant shall provide a Development Agreement in compliance with F.S. §§ 163.3220—163.3243, and a PDD master plan. The PDD master plan shall include items (1) through (20) below. Single-phase developments shall not be required to file a separate master plan application, but shall include an overall plan of the PDD as part of the site plan application. The overall plan for single-phase developments shall include items (1) through (20) below unless deemed unnecessary by the Director of Community of Development.

(1)

Delineation of the geographical area covered by the entire development.

(2)

A full legal description of the property with attached copies of any instruments referred to (deeds, plats, covenants or restrictions etc.), and including the total area of the site in acres and square feet.

(3)

General schematic representation of the land uses included within the development.

(4)

A statement as to how the proposed project conforms to all aspects of the city's adopted Comprehensive Plan, including a detailed statement addressing conformance with the land use category applicable to the development (and any required mix of uses, height, floor area ratio, or other standards as specified in the Comprehensive Plan).

(5)

Approximate delineation of internal circulation, with hierarchical classification of streets.

(6)

Points of connection of the local streets or internal collector drives to the public roadways, including necessary improvements to the public roadways to accommodate the local trips generated by the proposed development.

(7)

Plans showing the location and dimensions of all proposed land uses, including the number of stories per building;; building setbacks from perimeter boundaries and from public right-of-way; a proposed traffic circulation plan showing the location and dimensions or all streets, driveways, walkways, bikeways, parking spaces, and loading areas; and proposed common elements including utilities, open spaces and recreation areas.

(8)

General location and size of any community facilities, such as parks, schools, fire stations, community centers, etc., proposed to be included within the development.

(9)

A plan showing proposed improvement of common spaces, together with a statement of the provisions, restrictions and conditions anticipated for the use, maintenance, and operation of these common elements.

(10)

Tables showing land use and density, including:

Proposed uses by acreage;

Total dwelling units by type, size and number of bedrooms;

Gross residential density, computed as defined in section 16-277.

Gross floor area devoted to business or other nonresidential uses; and,

Proposed floor area ratio (FAR) for the combined nonresidential development.

(11)

A statement as to the percentage of the development site to be covered with buildings, sidewalks, parking areas, roofed structures, and other impervious surfaces; percentage of the site to be covered with water; percentage of the site to be landscaped; and percentage of the site to be left in a natural or undisturbed condition.

(12)

A tree survey per section 16-172 and information on existing native vegetation and any other natural features found within the proposed development.

(13)

Schematic depiction of surface water management elements, including, but not limited to, retention facilities, drainage easements and swales showing the approximate size of retention areas, methods of pollutants removal, conceptual locations of berms, swales, culverts and sewers, anticipated finished grades, and proposed slopes and grades adjacent to bodies of water.

(14)

Schematic depiction of the water and wastewater treatment facilities and/or source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities.

(15)

Entrance features and perimeter landscaping design.

(16)

A statement, when applicable, as to the sequence of construction by phases, and the approximate completion date for each phase.

(17)

A perspective rendering of the project showing roads, water features, landscaping, buildings and any other features deemed pertinent by the director of community development or his/her designee.

(18)

A traffic impact analysis or documented evidence that vehicular trips are vested.

(19)

Design guidelines, including transit shelters to provide safe and comfortable service and encourage transit usage, and pedestrian and bicycle paths and greenways to accomplish fully-connected routes to all destinations within the development. The paths should be spatially defined by buildings, trees, and lighting and should incorporate designs which discourage high-speed traffic.

(20)

Any other information deemed necessary by the director of community development or his/her designee or the city commission.

(f)

PDD master plan approval procedure. A PDD master plan shall be required of developments requesting rezoning to PDD.

(1)

Procedures. The site plan review procedures contained in section 16-31 shall apply, but the master plan requirements of section 16-39 shall not apply.

(2)

Criteria for approval. The city will consider the ability of the proposed plan to conform with applicable technical requirements of this code, including concurrency. In addition, an evaluation will be made as to whether the proposed development and its phasing is consistent with the surrounding area and the city as a whole, based on information submitted by the applicant in subsection (d) above.

(3)

Progress reports. The applicant or its successor in interest shall submit annual progress reports to the director of community development or his/her designee.

(4)

Effective period of approval. Approval of a rezoning to PDD as provided herein and of its PDD master plan shall be effective for a period of eighteen (18) months. Unless construction of some phase of the approved project is commenced on or before the last day of the eighteenth month following the date of approval, then said approval shall expire. Approval of a PDD shall remain effective while development activity continues on the project as defined by permitting and inspection procedures. The city commission may extend this period for one (1) year for good cause. Thereafter, the applicant shall reapply for rezoning and PDD master plan approval.

(g)

Conformance to approved PDD master plan for multi-phase projects.

(1)

After rezoning to PDD district, no building permit shall be issued by the city, and no development shall commence for a multi-phase project unless in conformance with the approved PDD master plan, and unless a change or deviation is approved by city commission. However, where such a project is located within a development of regional impact, the requirements of Chapter 380, F.S. and Rule 9J-2, F.A.C. must be followed regarding any changes.

(2)

The director of community development or his/her designee may, at the request of the owner, without requiring a new application, authorize minor changes to an approved PDD master plan that pertain to location, types and configuration of buildings, landscaping, and similar changes when the full character and intent of the approved PDD master plan is not violated.

(3)

The director of community development or his/her designee may determine that requested changes and deviations from an approved PDD master plan constitute a substantial alteration to the character of the development, and therefore require approval by the city commission.

(Ord. No. 402-08-D, § 2, 12-9-08; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-14-E, § 3, 2-11-14; Ord. No. 402-16-A, § 10, 1-12-16; Ord. No. 402-18-C, § 4, 7-10-18; Ord. No. 402-25-C, § 3, 7-8-25)

Sunrise City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 16-69.- RS-3 and RS-5 Low Density Single-Family Residential Districts.

(a)

Purpose. RS-3 and RS-5 zoning districts are established for low density residential dwelling units at densities not to exceed three (3) and five (5) units per gross acre, respectively.

(b)

Uses permitted.

(1)

Single-family detached dwellings.

(2)

Publicly-owned recreation buildings and facilities, playgrounds, playfields and parks.

(3)

Family day care home.

(4)

The following uses, if first permitted as a special exception use (see Article III, Special Exception Uses):

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(5)

Uses accessory to any of the above uses. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Lot area; lot coverage; minimum floor area; minimum coverage lot width.

	Minimum Lot Area	Minimum Floor Area	Minimum Lot Width	Percentage of Maximum Lot Coverage (Principal and Accessory Buildings)
RS-3	11,500 sq. ft.	1,800 sq. ft.	80 ft.	40
RS-5	6,000 sq. ft.	1,400 sq. ft.	60 ft.	40
Non-Residential Uses	20,000 sq. ft.	N/A	100 ft.	50

(e)

Pervious area. Minimum landscaped or pervious area—Thirty (30) percent.

(f)

Height. Height not to exceed either two (2) stories or twenty-five (25) feet.

(g)

Density.

(1)

RS-3 district: Density shall not exceed three (3) dwelling units per gross acre or the density permitted by the Sunrise Land Use Plan, whichever is less.

(2)

RS-5 district: Density shall not exceed five (5) dwelling units per gross acre or the density permitted by the Sunrise Land Use Plan, whichever is less.

(h)

Yard setbacks.

(1)

Front yard:

Residential uses: Not less than twenty-five (25) feet in depth from a public right-of-way.

Nonresidential uses: Not less than forty (40) feet in depth from a public right-of-way.

(2)

Side yard:

Residential uses, RS-5 district: At least seven and one-half (7½) feet on each side.

(3)

Corner lots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting the side street.

(4)

Rear yard:

Nonresidential uses: Every plot whose principal use is nonresidential shall have a yard not less than twenty (20) feet in depth.

(5)

Exception: See subsection 16-235(b) for existing nonconforming setback exception.

(i)

Roof design. A pitched, tile roof, metal tile roof, or standing seam metal roof is required.

(j)

Driveway design. Decorative brick or concrete pavers shall be required for all driveways.

(k)

Sec. 16-70. - RS-7 Single-Family Planned Development District.

(a)

(b)

Uses permitted.

(1)

Single-family detached dwellings.

(2)

Family day care home.

(3)

Uses accessory to the above not including any business trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses, if first permitted as a special exception use (see Article III, Special Exception Uses):

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(5)

Uses accessory to any of the above uses.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Minimum plot size. The minimum required plot size for a development in an RS-7 district is three (3) acres.

(e)

Minimum lot size.

(1)

Residential: Not less than fifty (50) feet in width and five thousand (5,000) square feet in area.

(2)

Nonresidential uses: Not less than one hundred (100) feet in width and twenty thousand (20,000) square feet in area.

(f)

Lot coverage. The combined area occupied by all principal and accessory buildings shall not exceed forty (40) percent of the area of the lot.

(g)

Pervious area. Minimum landscaped or pervious area—Thirty (30) percent.

(h)

Height. No building or structure, or part thereof, shall exceed either two (2) stories or twenty-five (25) feet.

(i)

(j)

Minimum floor area. One thousand two hundred (1,200) square feet.

(k)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yard:

Residential uses: Not less than twenty-five (25) feet in depth from the back edge of the sidewalk.

Nonresidential uses: Not less than forty (40) feet in depth from the back edge of the sidewalk.

(3)

Side yard:

Residential uses: There shall be no required side yard setback from property lines. There shall be, however, a minimum distance of fifteen (15) feet between buildings.

(4)

Corner plots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting on the side street.

(5)

Rear yard:

Nonresidential uses: Not less than twenty (20) feet in depth.

(6)

Exception: See subsection 16-235(b) for existing nonconforming setback exception.

(l)

(m)

Direct access. All dwellings shall have direct access between the front and rear yards without the need to cross an abutting lot.

(n)

Other design standards. The applicant's site plan application shall demonstrate the following:

(1)

Unified control of the parcel.

(2)

(3)

A well-conceived building location, landscaping and circulation plan prepared by a qualified land planner.

(4)

A pitched, tile roof, metal tile roof, or standing seam metal roof.

(5)

Decorative brick or concrete pavers shall be required for all driveways and walkways to each residential dwelling unit.

(6)

A two (2) car garage shall be required for each residential dwelling unit.

(o)

Sec. 16-71. - RM-10 Low Medium Multifamily Residential District.

(a)

(b)

Uses permitted.

(1)

Single-family detached dwellings subject to either: 1) the requirements of the RS-7 district, or 2) the zero lot line single-family standards set forth herein.

(2)

Two-family dwelling.

(3)

A two-family dwelling which is designed for the ownership of each dwelling unit by a separate owner.

(4)

Multiple dwelling for three (3) or four (4) dwelling units.

(5)

(6)

Family day care homes.

(7)

Special exception uses:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(8)

(c)

Uses prohibited. The permitted uses noted above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot.

(1)

(2)

(3)

(4)

Multiple dwelling: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(5)

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped area thirty-five (35) percent.

(g)

(h)

(i)

Minimum floor area and dwelling unit width.

(1)

(2)

(3)

(4)

The dwelling unit areas set forth in (1) through (3) above are for interior, air conditioned living space.

(5)

Two-family and townhouse units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and accessory uses: Not less than twenty-five (25) feet in depth.

Nonresidential uses: Not less than forty (40) feet in depth.

(3)

Side yard:

(4)

Corner, plots: Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least twenty (20) feet in width on the side of the plot abutting on the side street.

(5)

Rear yards:

Residential uses: Not less than twenty (20) feet in depth, except twenty-five (25) feet in the case of through-lots.

Nonresidential uses: Not less than twenty-five (25) feet in depth.

(6)

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

(9)

Exceptions: See subsection 16-235(b) for existing nonconforming setback exception.

(k)

Design standards.

(1)

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

(4)

(5)

(6)

Decorative pavers shall be required for project entryways, at the intersections of internal circulation drives, and for all driveways for each garage required pursuant to subsection (11) below.

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(l)

Application of multifamily residential standards to partially completed projects, and affordable housing, and developments that are divided by trafficways.

(1)

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-71: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (j) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

(3)

Townhouses or villas: The maximum number of dwelling units in any one (1) group shall not exceed eight (8).

The minimum building setback (any yard) from any trafficway shall be thirty (30) feet.

A minimum of one swimming pool shall be provided on each portion of the project that is divided by the trafficway, with a minimum surface area of five hundred (500) square feet for each pool.

With the exception of the above stated standards, all other minimum requirements of the district shall apply.

Sec. 16-72. - RM-16 Medium Density Multiple-family Residential District.

(a)

Purpose. RM-16 zoning is established for medium density multifamily units at a density not to exceed sixteen (16) units per gross acre.

(b)

Uses permitted.

(1)

Multiple-dwellings not to exceed sixteen (16) units/gross acre.

(2)

Townhouses or villas not to exceed sixteen (16) units/gross acre.

(3)

Uses accessory to the above not including any business trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses if first approved as a special exception use:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot.

(1)

(2)

Multiple dwelling: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(3)

Nonresidential uses: Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped or pervious area thirty-five (35) percent.

(g)

(h)

(i)

Minimum floor area and dwelling unit width.

(1)

(2)

Townhouse and villa units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential and accessory uses not at the edge of a development: Not less than twenty-five (25) feet in depth.

Nonresidential uses not at the edge of a development: Not less than forty (40) feet in depth.

(3)

Side yard:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

(4)

Rear yards: Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential uses adjacent to recreation, open space, or lakes and other water bodies: Not less than twenty-five (25) feet in depth.

(5)

The depth of "yards not at the edge of a development" shall be measured from public or private right-of-way lines internal to the development.

(6)

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

(k)

Design standards.

(1)

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

(4)

(5)

Decorative pavers shall be required for project entryways, the intersections of internal circulation drives, and for all driveways to each garage required pursuant to subsection (11) below.

(6)

(7)

Common buildings, exercise rooms and saunas in combination: Four thousand (4,000) square feet or fourteen (14) square feet per dwelling unit, whichever is greater;

Swimming pools and jacuzzis in combination: Two thousand (2,000) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

Tennis courts: One (1) tennis court or one (1) tennis court per every two hundred fifty (250) dwelling units or fraction thereof, whichever is greater.

The department may modify the above requirements based on a finding that a different combination of recreation amenities will better serve the residents of the development.

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(l)

Application of multifamily residential standards to partially completed projects and affordable housing.

(1)

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-72: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (i) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

Sec. 16-73. - RM-25 Higher Density Multiple-family Residential District.

(a)

Purpose. RM-25 zoning is established for higher density condominium or apartment dwellings at a density not to exceed twenty-five (25) units per gross acre.

(b)

Uses permitted.

(1)

Multiple dwellings not to exceed twenty-five (25) units/gross acre.

(2)

Townhouses or villas not to exceed twenty-five (25) units/gross acre.

(3)

Uses accessory to the above not including any business, trade, occupation or profession. Home and common-area based assembly uses shall comply with the requirements of section 16-114.

(4)

The following uses if first approved as a special exception use:

All uses permitted as of right in CR district.

All uses permitted as of right in OS district.

Parks.

Hospitals or clinics.

Libraries.

Governmental administration, services and maintenance facilities.

Police and fire facilities.

Public and private utilities.

Day care centers.

Community residential homes as defined in Article XVI.

Cemeteries and mausoleums.

Special exception uses shall conform to all standards explicitly set forth elsewhere in this ordinance plus all standards explicitly set forth for nonresidential uses in this section. Section 16-73, plus all design standards set forth in subsection 16-73(k), to the maximum extent practical as determined by the city pursuant to the special exception review and approval process.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Size of plot. Not less than one hundred sixty (160) feet in width, two hundred fifty (250) feet in depth and forty-three thousand five hundred sixty (43,560) square feet in area.

(e)

Reserved.

(f)

Pervious area. Minimum pervious landscaped area thirty-five (35) percent.

(g)

(h)

(i)

Minimum floor area and dwelling unit width:

(1)

(2)

Townhouse and villa units shall have a minimum width of twenty (20) feet.

(j)

Setbacks.

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential and accessory uses not at the edge of a development: Not less than twenty-five (25) feet in depth.

Nonresidential uses not at the edge of a development: Not less than forty (40) feet in depth.

(3)

Side yard:

Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

(4)

Rear yards: Residential and nonresidential uses at the edge of a development: Not less than fifty (50) feet in depth.

Residential uses adjacent to recreation, open space, or lakes and other water bodies: Not less than twenty-five (25) feet in depth.

(5)

The depth of "yards not at the edge of a development" shall be measured from public or private right-of-way lines internal to the development.

(6)

(7)

Between a building and a parking area or circulation aisle: Not less than twenty (20) feet.

(8)

(k)

Design standards.

(1)

(2)

Perimeter walls shall be required pursuant to subsection 16-169(a)(1).

(3)

(4)

(5)

Decorative pavers shall be required for project entryways, the intersections of internal circulation drives, and for all driveways to each garage required pursuant to subsection (11) below.

(6)

(7)

Developments with more than one hundred fifty (150) dwelling units shall be required to provide recreation amenities including each of the following: common buildings for gatherings, games and other recreation; exercise rooms; saunas; tennis courts; swimming pools and jacuzzi pools. The minimum size of such facilities shall be as follows:

Common buildings, exercise rooms and saunas in combination: Four thousand (4,000) square feet or fourteen (14) square feet per dwelling unit, whichever is greater;

Swimming pools and jacuzzis in combination: Two thousand (2,000) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater;

Tennis courts: One (1) tennis court or one (1) tennis court per every two hundred fifty (250) dwelling units or fraction thereof, whichever is greater.

The department may modify the above requirements based on a finding that a different combination of recreation amenities will better serve the residents of the development.

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(l)

Application of multifamily residential standards to partially completed projects and affordable housing.

(1)

(2)

Affordable housing waivers. In order to facilitate the production of affordable housing for very low income households, low income households and/or moderate income households, the department may waive any and all requirements established by the following subsections of section 16-73: (d) Size of plot; (f) Pervious area; (g) Height; (i) Minimum floor area and dwelling unit width; (j) Setbacks; and (k) Design standards; subsection 16-142(b) parking space requirements; and section 16-169 minimum landscape requirements. All waiver requests must include a justification for the need to facilitate the production of affordable housing units. Such waivers shall be given only for projects which include rental or sales restrictions and monitoring provisions that ensure that all or at least seventy-five (75) percent of the units will be reserved for very low income households, low income households and/or moderate income households for at least fifteen (15) years. For the purpose of this subsection, the terms "very low income," "low income" and "moderate income" shall have the meaning defined as: very low income is thirty-one (31) to fifty (50) percent area median income; low income is fifty-one (51) to eighty (80) percent of area median income, and moderate income is eighty-one (81) to one hundred twenty (120) percent area median income.

Sec. 16-74. - RP-10 Mobile Home Park District.

(a)

(b)

Uses permitted.

(1)

Mobile home parks for rental of site for occupancy by mobile homes as living quarters, wherein the mobile home park is owned and/or operated as a unit.

(2)

(c)

(d)

Height. Not to exceed one (1) story or fifteen (15) feet, whichever is less.

(e)

Minimum site requirements. A mobile home shall be placed upon a site not less than three thousand two hundred (3,200) square feet in area and not less than forty (40) feet in average width.

(f)

Yard setbacks. Every plot used for a mobile home park purposes shall provide yards as follows:

(1)

County trafficway (any yard): At least fifty (50) feet from the right-of-way of any trafficway shown on the county trafficway plan.

(2)

Front yards: Not less than twenty-five (25) feet in depth, and this minimum depth of yard shall be provided on all streets upon which the plot abuts.

(3)

Side yards: Not less than ten (10) feet in width.

(4)

(5)

Rear yards: Not less than fifteen (15) feet in depth, except that there shall be twenty (20) feet setback when abutting a waterway.

(6)

No accessory building or structure shall be placed in any required yard space.

(g)

(h)

(i)

(j)

Porches and additions.

(1)

(2)

(k)

Health and sanitation.

(1)

Water supply: Potable fresh water and sanitary sewer services shall be available on each site.

(2)

Solid waste removal: Provisions shall be made for the semiweekly removal of all solid waste from the mobile home park.

(3)

Occupancy: The number of occupants of a mobile home shall be limited to the sleeping accommodations for which is was designed.

(4)

The sanitary regulations of the state and county shall be complied with as to all fixtures installed or maintained.

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-75. - R/OS Recreation/Open Space District.

(a)

(b)

Uses permitted.

(1)

Archery range.

(2)

Baseball driving range.

(3)

Basketball, tennis and other court games.

(4)

Cabanas.

(5)

Fishing pier.

(6)

Golf course.

(7)

Golf driving range.

(8)

Boat dock, marinas.

(9)

Lawn bowling.

(10)

Open space or passive parks.

(11)

Playfields.

(12)

Swimming pools.

(13)

Uses and buildings accessory to any of the above uses not involving the conduct of any business, trade, occupation, or profession.

(14)

Special exception use (See Article III): Social, athletic, neighborhood or community club (nonprofit).

Camp grounds, overnight and short term.

Other recreational uses.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Building height. Not to exceed a height of fifty (50) feet.

(e)

Plot size. Not less than one hundred (100) feet in width

(f)

Yard setbacks.

(1)

No parking area shall be located within fifty (50) feet of any residentially zoned property nor within twenty-five (25) feet of any street line.

(2)

(3)

No building or roofed portion of any structure shall be located within twenty-five (25) feet of any plot line.

(4)

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-76. - CR Commercial Recreation District.

(a)

(b)

Uses permitted.

(1)

Baseball batting cage.

(2)

Boat dock.

(3)

Cabanas.

(4)

Fishing pier.

(5)

Golf course.

(6)

Golf driving range.

(7)

Passive parks.

(8)

Playfields.

(9)

Swimming pools.

(10)

Tennis and other courts.

(11)

Uses and buildings accessory to and of the above uses including uses of a commercial nature.

(12)

The following uses if first approved as a special exception use (See Article III, Special Exception Uses):

Miniature golf course.

Sports stadium.

Skating rink.

Archery range.

Marine with no-wake zone that meets Broward County standards.

Bowling alley.

Race tracks (dog and horse).

Camp grounds, overnight and short term.

Jai alai Frontons.

Restaurants in conjunction with the primary recreation use.

Other commercial sports facilities.

Hotels and motels in conjunction with the primary recreation use.

(c)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(d)

Building height. Not to exceed fifty (50) feet unless the building is set back from all property lines a distance at least equal to the height of the building.

(e)

Plot size. Not less than one hundred (100) feet in width and ten thousand (10,000) square feet in area.

(f)

Yard setbacks.

(1)

Parking area shall be located at least twenty-five (25) feet from any residentially zoned property or street line.

(2)

(3)

(Ord. No. 402-97-E, § 1, 8-26-97)

Sec. 16-77. - CF Community Facilities District.

(a)

(b)

Uses permitted.

(1)

Parks.

(2)

(3)

Places of public assembly.

(4)

Hospitals or clinics.

(5)

Libraries.

(6)

Governmental administration, services and maintenance facilities.

(7)

Police and fire facilities.

(8)

Public and private utilities.

(9)

Day care centers.

(10)

Community residential homes as defined in Article XVI.

(11)

One (1) dwelling unit per public school site as an accessory use.

(12)

Cemeteries and mausoleums.

(c)

Supplemental regulations to schools (K through 12^thgrade).

(1)

(2)

A public school that is a charter school is required to submit a copy of the School Board of Broward County's approved charter application at time of site plan application.

(3)

All schools must make application for a site plan a minimum of nine (9) months prior to the first day of school for the expected school year opening.

(4)

(d)

Uses prohibited. The permitted uses listed above shall not be construed to include any use first permitted in a less restrictive district.

(e)

Building height. Not to exceed ten (10) stories or one hundred (100) feet, whichever is less.

(f)

Size of plot. Not less than one hundred fifty (150) feet in width and one (1) acre in area.

(g)

Yard setbacks.

(1)

Adjacent to any trafficway, a yard of seventy-five (75) feet in width shall be provided.

(2)

Adjacent to any street, excluding trafficways, a yard of twenty-five (25) feet in width shall be provided.

(3)

A rear yard of twenty (20) feet in width shall be provided when not abutting a trafficway.

(4)

(5)

When a yard setback is required in this section, such yard may be used only for walkways, parking of passenger cars, driveways and landscaping.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-B, § 4, 6-9-98; Ord. No. 402-07-D, § 6, 12-11-07; Ord. No. 402-16-A, § 7, 1-12-16)

Sec. 16-78. - Business districts.

(a)

Purpose.

(1)

(2)

(3)

(4)

The B-4 Professional Office District is intended to provide areas within the city for the exclusive development of professional offices, office parks and financial centers.

(5)

(6)

Designated as Office Park (OP) Land Use on the City's Future Land Use Map (FLUM); and

Proximate and accessible to the Sawgrass Expressway and located west of N.W. 136th Avenue; and

Located at least thre hundred (300) feet from the boundary of a zoning district that allows single-family residential use; and

Adjacent to property zoned Recreation/Open Space (R/OS) on the City of Sunrise Zoning District Map.

Areas zoned B-7 shall not be subject to the master development plan requirements of Section 16-39 of the Code.

(7)

(b)

(c)

Limitations on uses.

(1)

(2)

No secondhand or used merchandise shall be offered for sale, displayed or stored except in an antique or second-hand store, or as incidental to the sale of new merchandise.

(3)

All products produced incidental to a permitted use shall be sold at retail on the premises.

(4)

(d)

Uses prohibited. The permitted uses shall not be construed to include any use first permitted in a less restrictive district.

(e)

(f)

(g)

Yard setbacks. Every plot upon which a building or structure is erected in a B-1, B-2, B-3, B-4, B-5, B-6 or B-7 district shall have setbacks in accordance with the following:

(1)

(2)

Adjacent to any street, excluding those trafficways, a yard of twenty-five (25) feet in width shall be provided.

(3)

(4)

(5)

(h)

Lot coverage and floor area ratio.

(1)

Lot coverage. The combined ground area occupied by all buildings and structures shall not exceed the following:

Height of Building	Maximum Lot Coverage (Percent)¹
One Story	35
Two Story	35
Three Story	35
Four Story	33
Five Story	32
Six Story	30
Seven Story	28
Eight Story ²	26
Nine Story ²	25
Ten to Twenty Stories ²	24

Regional shopping center buildings and structures shall not exceed thirty-five (35) percent maximum lot coverage.

(2)

Floor area ratio (FAR). The maximum floor area ratio of proposed development shall not exceed the following:

Height of Building	Maximum FAR
One Story	0.35
Two Story	0.50
Three Story	0.65
Four Story	0.80
Greater than four stories (maximum 20 stories)	1.00
Western Sunrise Area only: Greater than four stories (maximum 20 stories)	2.00