(A)

Zoning Districts Established. Zoning districts are established as shown in Table 10-2.1. They are organized into the categories described below:

(1)

Base Zoning Districts

1.

Base zoning districts are established by the City's adoption of the official Zoning District Map, and subsequently by approval of rezonings (see §10-5.4(F)). Approval of a zoning district designation authorizes the full range of development allowed by the standards applicable to the base zoning district.

2.

Development in the base zoning districts is subject to predetermined standards set out for each district in this chapter in §§10-2.2 through 10-2.4. The sections include district purpose statements and dimensional standards that address minimum lot, setback, and building requirements.

(2)

Overlay Zoning Districts

(a)

Overlay zoning districts are established by the City's adoption of the official Zoning District Map and subsequently by approval of rezonings (see §10-5.4(F)). They apply in addition to one or more underlying base zoning districts.

(b)

Section 10-2.7, Overlay Zoning Districts, identifies the overlay zoning districts and sets forth each district's purpose and the standards that modify those of underlying districts.

(c)

In case of a conflict between the provisions of the overlay zone district and an underlying base zoning district, the more restrictive standards shall apply.

(d)

If a property is included in two or more overlay districts, and the standards of one or more overlay districts conflict, the more restrictive overlay district provision shall apply.

(3)

Broward County Land Use Plan. This Code is intended to be consistent with and in substantial conformity with the Broward County Land Use Plan. No new development shall be approved unless there is sufficient capacity available at the prescribed levels of service established in the Broward County Land Use Plan. Residential densities in residential, mixed-use, and nonresidential districts shall conform to the densities allowed under the Broward County Land Use Plan, as amended, including the allocation of flex/redevelopment units.

(B)

Official Zoning Map

(1)

Incorporation of Map

(a)

The location and boundaries of the zone districts established by this Code are shown upon the official "Official Zoning Map of the City of Tamarac," which is incorporated into this Code. The Official Zoning Map, together with all data shown on the map and all amendments to the map, is by reference made a part of this Code.

(b)

The Official Zoning Map shall be identified by the signature of the City Clerk and shall bear the seal of the City and the date of adoption.

(c)

The Official Zoning Map shall be kept and preserved by the City Clerk.

(d)

Official zoning shall be determined by the Director, where the Official Zoning Map does not reflect recent changes.

(2)

Changes in District Boundaries. The Director shall enter changes on the Official Zoning Map promptly after a rezoning is approved by the City Commission. Where the ordinance enacting a rezoning contains wording explaining or clarifying the location of zoning district boundaries, the Director may enter on the Official Zoning Map notations reflecting the ordinance wording.

(3)

Interpretation of Zoning Map Boundaries. The Director shall be responsible for interpretations of the Official Zoning Map in accordance with the following standards:

(a)

Where a zoning district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimension, shall be determined by the scale of the zoning district map by the Director.

(b)

Where a zoning district boundary coincides with a street right-of-way line, the zoning district boundary shall follow the centerline of the street right-of-way.

(c)

Land that is not indicated on the Official Zoning Map as being in any zoning district shall be considered to be included in the most restrictive adjacent zoning district that complies with the future land use map designation, even when such district is separated from the land in question by a right-of-way.

(C)

Zoning of Annexed Lands. All lands annexed to the corporate limits of the city shall retain their existing county zoning classifications. For this purpose, all published material establishing the rules, regulations, and limitations governing and restricting the use of property under such zoning classifications shall be adopted in this chapter by reference. Such zoning classifications shall be presumed to be valid classifications of the lands annexed and shall not be subject to change, except upon initiation of a rezoning pursuant to §10-5.4(F), Rezoning, by either the city or the owners of the property annexed.

(A)

General Purposes of All Residential Districts. The residential districts established in this section are intended to:

(1)

Provide appropriately located lands for residential development that are consistent with the goals, objectives, and policies of the Comprehensive Plan;

(2)

Ensure adequate light, air, privacy, recreation areas, and open space for each dwelling, and protect residents from the negative effects of noise, incompatible population density, traffic congestion, flooding, and other significant adverse environmental impacts;

(3)

Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;

(4)

Provide for residential housing choice, affordability, and diversity with varying housing densities, types, and designs, including accessory dwelling units;

(5)

Provide for safe and efficient vehicular access and circulation and promote bicycle-, pedestrian-, and transit-friendly neighborhoods;

(6)

Provide for public services and facilities needed to serve residential areas and accommodate public and semi-public land uses that complement residential development while protecting residential areas from incompatible nonresidential development; and

(7)

Create neighborhoods and preserve existing community character while accommodating new infill development and redevelopment consistent with the City's goals and objectives.

(B)

Residential Districts Established

(1)

RE: Residential Estate. This district is intended to provide for primarily large-lot, single-family neighborhoods. The district also allows supporting public and recreational facilities and uses accessory to residential dwellings.

(2)

R-1: Single-Family Residential. This district is intended to provide for single-family residential neighborhoods. The principal land use is single-family, detached homes. Municipally owned and operated facilities are also allowed. The district also allows supporting public and recreational facilities and uses accessory to residential dwellings.

(3)

R-2: Two-Family Residential. This district is intended to provide for low- to medium-density residential neighborhoods comprised of a balanced mixture of single-family and two-family development. The housing types permitted in this district allow it to serve as a transitional area between the higher-density R-3 district and lower-density residential districts. The district also allows supporting public and recreational facilities and uses accessory to residential dwellings.

(4)

R-3: Multi-Family Residential. This district is intended to provide for medium- and higher-density residential neighborhoods. It promotes a well-planned mixture of single-family, two-family, and higher-density, multi-family residential development adjacent to commercial corridors, business centers, and other community service activity centers. The density and variety of permitted housing types allows it to serve as a transitional area between nonresidential and residential districts. Group living facilities, public and recreational facilities, and uses accessory to residential dwellings are permitted.

(C)

Residential Districts Dimensional Standards. Development in the residential districts shall comply with all applicable lot size, setback, and building standards in the following table. Any residential building constructed prior to the adoption of this Code, in conformance with the zoning regulations in effect at the time of issuance of a building permit, shall be considered a legal nonconforming use.

(A)

General Purposes of Mixed-Use and Nonresidential Districts

(1)

The mixed-use districts established in this section are intended to foster compact, mixed-use development patterns that provide people with the opportunity to live, work, recreate, and shop in pedestrian-friendly environments. More specifically, they are intended to:

(a)

Provide strong multi-modal connections between diverse uses to create a busier, safer, and more exciting environment for residents, employees, and visitors throughout the day, in evenings, and during weekends;

(b)

Encourage efficient land use by facilitating compact, higher-density development and minimizing the amount of land that is needed for surface parking while reducing vehicle trips;

(c)

Encourage both a vertical and horizontal mix of land uses;

(d)

Provide for an interesting and walkable environment through tailored building design and streetscape standards;

(e)

Accommodate development intensities appropriate to the scale of the area served by the activity center (e.g., neighborhood, corridor, region); and

(f)

Facilitate efficient vehicular traffic flow by allowing only land uses developed with comprehensively planned access, egress, and internal circulation systems.

(2)

The nonresidential districts established in this section are intended to provide a range of office, retail, service, institutional, industrial, and related uses to meet household and business needs, and more specifically to:

(a)

Provide appropriately located lands for the full range of commercial and industrial uses needed by the city's residents, businesses, and workers, consistent with the goals, objectives, and policies of the Comprehensive Plan;

(b)

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities; and

(c)

Minimize the impact of commercial and industrial development on residential uses.

(B)

Mixed-Use Districts and Nonresidential Established

(1)

MU-N: Mixed-Use Neighborhood. This district is intended to provide for small, compact mixed-use activity centers that serve as convenient, walkable service and retail destinations for surrounding neighborhoods, compatible in scale and character with surrounding residential uses. It is intended to support a mix of residential, retail, cultural, entertainment, and office opportunities, with street-level uses that generate pedestrian activity and upper-story residential and office uses that help maintain an active street presence. Continuous commercial frontages, largely uninterrupted by driveways and parking, are encouraged.

(2)

MU-C: Mixed-Use Corridor. This district is intended to encourage the development of mixed-use activity centers along the City's primary transportation corridors and gateways. The district is distinguished from the MU-N district by its location, and should adjoin at least one arterial roadway. The district accommodates a mix of retail, office, and service, institutional, cultural/public, and entertainment developments that meet local and regional needs and are sensitively designed to reflect a positive image of the City. The district also accommodates higher-density residential and live/work uses. District regulations encourage pedestrian-scale retail development and provide opportunities for residents to walk to meet some of their daily service, entertainment, and open space needs.

(3)

MU-G: Mixed-Use General. This district is intended to encourage the creation of community-serving mixed commercial and residential development at a higher scale than is appropriate for the MU-N or MU-C districts. The district is intended for use at important nodes in the City on larger sites. The district is intended to include commercial, institutional, recreational, and service facilities needed to support surrounding neighborhoods and the community at-large. Medium- to higher-density housing should be incorporated within or located around the district.

(4)

NC: Neighborhood Commercial. This district is intended to provide primarily small-scale retail and personal service and low-intensity office and institutional uses to meet the neighborhood shopping and service needs of surrounding residential areas. Limited residential uses are permitted.

(5)

BP: Business Park. This district is intended to provide for a mixture of light industrial, office, manufacturing, and limited retail uses in a business park, industrial park, or campus setting with high-quality site and building design. Limited residential uses are permitted.

(6)

I-1: Light Industrial. This district is intended to provide for light manufacturing, warehousing, processing, service, storage, wholesale, distribution operations, and research and development uses, with all operations contained within enclosed buildings. Limited residential uses are permitted.

(7)

I-2: Industrial. This district is intended to provide for heavy industrial development that has some, any, or all of the following: (a) potentially noxious impacts, or (b) heavy truck traffic for supplies, storage, or shipping, or (c) outdoor storage and operations. Examples include heavy manufacturing, storage, major freight terminals, waste and salvage, distribution centers, processing, and other related uses.

(C)

Mixed-Use and Nonresidential Districts Dimensional Standards. Development in the mixed-use and nonresidential districts shall comply with all applicable lot size, setback, and building standards in the following table.

(A)

Special Purpose Districts Established

(1)

RC: Recreation. This district is intended to provide for active and passive recreational activities. Such activities are normally and primarily conducted in the open air, while related accessory uses may be in the open air or in a building or structure. The district also allows both public and private schools. The functional characteristics of the district may require its location within or near residential areas, schools, public recreational areas or scenic areas. Because of the nature of uses involved and the variety of arrangement of uses and facilities on the site plan of development, broad general regulations for plot size, yards, setbacks and height must be adequate for any location at which the RC district may be established.

(2)

PF: Public Facilities. This district is intended to provide for educational institutions, municipal governmental facilities, and other related activities.

(3)

SU: Special Utility. This district is intended to provide for public and private utility sites in the city.

(B)

Special Purpose Districts Dimensional Standards. Development in the special purpose districts shall comply with all applicable lot size, setback, and building standards in the following table.

(A)

Purpose, Applicability and Creation of PD District

(1)

Purpose. The Planned Development (PD) district is established and intended to permit lots and tracts of land that are supported by an underlying Local Activity Center (LAC) or Commercial land use designation to be planned and developed to support a high quality of life with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. Lots to be planned and developed individually will benefit from inventive land planning and site design concepts that support a complimentary mix of residential and non-residential uses while optimizing the available land area. Tracts of land that are part of a master development plan will be able to achieve a high quality of development environmental sensitivity, energy efficiency, and other city goals and objectives by:

(a)

Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;

(b)

Allowing greater freedom in selecting the means of providing access open space, and design amenities;

(c)

Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses in the same development including a mix of housing types, lot sizes, and densities:

(d)

Allowing more efficient use of land, with smaller networks of streets and utilities, and thereby lowering development and housing costs; and

(e)

Promoting quality design and environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site's natural and man-made features, such as trees wetlands floodplains, and historic features.

(f)

Promoting "low impact design," also known as "LID," which seeks to minimize the hydrologic and water quality changes that result as part of site development.

(2)

Applicability

(a)

Individual lots are planned and developed to optimally utilize available land area by adopting innovative and creative design that supports mixed-use and efficient parking.

(b)

Tracts of land that are part of a master development plan are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented and otherwise higher-quality development, as well as community benefits and amenities, than could be achieved through base zoning district regulations.

(c)

The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to the Planned Development (PD) zoning district established in [sub]section 10-2.5(A)(3) below.

(3)

Creation of PD District. The PD district is intended to encourage high-quality, mixed-use development that features innovative and creative design, yet is compatible with both surrounding existing development and available public infrastructure. The PD district is supported by an underlying Local Activity Center (LAC) or Commercial land use designation.

(B)

General Standards for the Planned Development District Before approving a PD zoning district classification, the city commission shall find that the application for the PD zoning district, as well as the PD Plan/Agreement included as part of the application, comply with the standards below.

(1)

PD Plan/Agreement. The PD Plan/Agreement shall:

(a)

Include a statement of planning objectives for the district;

(b)

Identify the general location of individual development areas, identified by land use(s) and/or development density or intensity;

(c)

Identify for the entire PD district and each development area the land area, types and mix of land uses, number of residential units (by use type), nonresidential floor area (by use type), residential density, and nonresidential intensity;

(d)

Identify the general location, amount, and type (whether designated for active or passive recreation) of open space;

(e)

Identify the location of environmentally sensitive lands, wildlife habitat, wetlands, and floodplains;

(f)

Identify the onsite transportation circulation system, including the general location of all public and private streets, existing or projected transit corridors, and pedestrian and bicycle pathways, and how they will connect with existing and planned city systems as supported by an applicant-provided traffic study;

(g)

Identify the general location of onsite potable water and wastewater facilities, and how they will connect to city systems;

(h)

Identify the general location of onsite stormwater management facilities, and how they will connect to city systems;

(i)

Identify the general location of all other onsite public facilities serving the development, including, but not limited to, parks, schools, and facilities for fire protection, police protection, EMS, stormwater management, and solid waste management.

(j)

Include conditions related to approval of the application for the PD zoning district classification;

(k)

Identify the community benefits and amenities that will be provided to compensate for the added development flexibility afforded by the PD district; and

(l)

Include any other provisions the city commission determines are relevant and necessary to the development of the planned development in accordance with applicable standards and regulations.

(2)

Consistency with City Plans. The PD zoning district designation and the PD Plan/Agreement shall be consistent with the purpose and standards of this section in addition to the comprehensive plan of the City of Tamarac and all applicable regulations for PD zoning designations.

(3)

Compatibility with Surrounding Areas. Development along the perimeter of a PD district shall be compatible with adjacent existing or proposed development. Where there are issues of compatibility, the PD Plan/Agreement shall provide for transition areas at the edges of the PD district that provide for appropriate buffering and/or ensure a complementary character of uses. Determination of complementary character shall be based on densities/intensities, lot size and dimensions, building height, building mass and scale, hours of operation, exterior lighting, and siting of service areas.

(4)

Development Phasing Plan. If development in the PD district is proposed to be phased, the PD Plan/Agreement shall include a development phasing plan that identifies the general sequence or phases in which the district is proposed to be developed, including how residential and nonresidential development will be timed, how infrastructure (public and private) and open space will be provided and timed, and how development will be coordinated with the city's capital improvements program.

(5)

Conversion Schedule. The PD Plan/Agreement may include a conversion schedule that identifies the extent to which one type of residential use may be converted to another type of residential use, such as multi-family dwellings to single-family dwellings, and one type of nonresidential use may be converted to another type of nonresidential use, such as office use to retail sales use. Such conversions may occur within development areas and between development areas as long as they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with established extents of conversion set down in the conversion schedule.

(6)

Onsite Public Facilities

(a)

Design and Construction. The PD Plan/Agreement shall establish the responsibility of the developer/landowner to design and construct or install required and proposed onsite public facilities in compliance with applicable city, state, and federal regulations.

(b)

Dedication. The PD Plan/Agreement shall establish the responsibility of the developer/landowner to dedicate to the public the rights-of-way and easements necessary for the construction or installation of required and proposed on-site public facilities in compliance with applicable city, state, and federal regulations.

(c)

Modifications to Street Standards. In approving a PD Plan/Agreement, the city commission may approve modifications or reductions of city street design standards, including those for right-of-way widths, pavement widths, required materials, and turning radii. Such modifications shall be reviewed and approved by the fire and public service departments during PD Plan/Agreement approval, on finding that:

(i)

The PD Plan/Agreement provides for separation of vehicular, pedestrian, and bicycle traffic as supported by an applicant-provided traffic study;

(ii)

Access for emergency service vehicles is not substantially impaired;

(iii)

Adequate off-street parking is provided for the uses proposed and as supported by an applicant-provided parking study; and

(iv)

Adequate space for public utilities is provided within the street right-of-way.

(7)

Uses. Allowed principal, accessory, and temporary uses in a particular PD district shall be established in the PD Plan/Agreement, subject to conversion in accordance with a schedule incorporated in the PD Plan/Agreement in accordance with [sub]section 10-2.5(B)(5), Conversion Schedule. Allowed uses shall be consistent with the city's comprehensive plan, Local Activity Center (LAC) or Commercial designation, and the purpose of this section. The nonresidential uses in the PD district are restricted to the uses permitted in the city's mixed-use districts.

(8)

Densities/Intensities. The total number of dwelling units permitted in a planned development shall not exceed an initial 50 dwelling units/acre. For LAC designated properties, bonus density greater than 50 dwelling units/acre may be acquired through assignment of LAC units as outlined in [sub]section 10-2.5(C). For commercial designated properties, bonus density greater than 50 dwelling units/acre may be acquired through the assignment of flexibility units and/or redevelopment units as outlined in [sub]section 10-5.4(S). The densities for residential development and the intensities for nonresidential development applicable in each development area of a PD district shall be as established in the PD Plan/Agreement and shall be consistent with the comprehensive plan Local Activity Center (LAC) or Commercial land use designation other adopted special area and city plans, and with the purpose of the PD district.

(9)

Dimensional Standards

(a)

All planned developments shall contain a minimum of ten acres of contiguous land unless the community development department finds that a tract that contains less than ten acres is suitable as a planned development by virtue of:

(i)

Its location within a quarter mile of access to mass transit; or

(ii)

Provision of mass transit access in the proposed PD.

(b)

This minimum may be waived by the city commission upon the recommendation of the community development director.

(c)

The dimensional standards applicable in each development area of a PD district shall be as established in the PD Plan/Agreement and shall be consistent with the comprehensive plan, LAC or commercial land use designation, other adopted special area and city plans and with the purpose of the PD district.

(d)

The PD Plan/Agreement shall include at least the following types of dimensional standards, unless the PD Plan/Agreement expressly states otherwise:

(i)

Maximum dwelling units per acre (residential development) and/or maximum floor area ratio (nonresidential development);

(ii)

Minimum net lot area;

(iii)

Minimum lot width;

(iv)

Maximum impervious surface area;

(v)

Maximum structure height;

(vi)

Maximum individual building size;

(vii)

Minimum and maximum setbacks; and

(viii)

Minimum setbacks from adjoining residential development or residential zoning districts.

(10)

Site Development Standards/Features. All development in a PD district shall comply with the development standards established in the PD Plan Agreement as consistent with city plans, the objective of the particular type of development standard, and the purpose of the PD district.

(a)

Off-Street Parking

(i)

Because of the unique land uses and design characteristics of projects zoned PD, the minimum parking space requirement and design shall be determined on a project-by-project-basis.

(ii)

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.

(iii)

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 this Code for off-street parking and loading.

(iv)

The study shall be reviewed and approved by the director of community development or his/her designee.

(v)

Parking and traffic studies shall be required to be submitted as part of a complete application package demonstrating required parking to support the planned development.

(b)

Underground Utilities

(i)

All onsite utilities shall be installed underground.

(ii)

Large transformers shall be placed on the ground within pad mounts, enclosures, or vaults.

(iii)

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.

(c)

Landscaping, Buffering and Building Design

(i)

Landscaping shall meet all the requirements of section 10-4.4, Landscaping and Tree Preservation. Modification of section 10-4.4 may be requested in the PD Plan/Agreement and must be explicitly listed in the PD Agreement and PD Plan.

(ii)

The applicant shall be responsible for all architectural review costs incurred by the city in association with the review of the building's design.

(d)

PD Plan/Agreement Development Standards. The Plan/Agreement shall include at least the following types of development standards, unless the PD Plan/Agreement expressly states otherwise:

(i)

Total onsite parking spaces;

(ii)

Landscaping to included total trees and shrubs;

(iii)

Minimum and maximum open space; and

(iv)

Percentage pervious and non-pervious area.

(e)

Stormwater Management Standards. All development in a PD district shall comply with the standards of [sub]section 10-4.5(E), Stormwater Management, that are in place at the time of site plan approval application acceptance (see [sub]section 10-6.4.6, Site Plan Approval).

(C)

Assignment of Residential LAC Units

(1)

Procedures: Utilization of Local Activity Center (LAC) residential units shall minimally require a binding and buildable site plan review and approval, in addition to applications for other development orders or approval prerequisites to applying for building permits. The utilization of LAC residential units shall be included in the planned development agreement, adopted by an ordinance of the city governing body heard as a legislative agenda item. In any development order or approval where the utilization of LAC residential units is requested, the development review committee (DRC) and the planning board shall review the application as to the policy considerations set forth in this section and in the comprehensive plan and shall make recommendations to the city commission.

(2)

Policy Considerations Applicable to Utilizing the LAC Residential Units. The following are the guiding policy considerations that the city will evaluate in its legislative review when deciding whether to enact an ordinance that allocates or utilizes any portion of the LAC residential unit allowance for a particular parcel of property:

(a)

The extent to which the proposed development is consistent with specific goals, objectives or policies of the city comprehensive plan (including specifically, the goals objectives, and policies of the local activity center future land use designation;

(b)

The extent to which the proposed development meets the policy objective of the city for the provision of affordable housing as specified in section 17-60 or any Inclusionary Zoning policy of the City of Tamarac Code or Broward County Land Use Plan;

(c)

The extent to which LAC residential units will remain available for future use by the city under this section's requirements and under any possible regulatory scheme;

(d)

The extent to which the utilization of LAC residential units serves or does not serve the public's health, safety, or welfare;

(e)

The extent to which the utilization of the LAC residential units serves the future land use and needs of the community;

(f)

The extent to which the project proposed incorporates a non-residential component and is a mixed-use project;

(g)

Such other policy considerations that may not be set forth above, but which are nonetheless considered by the city commission to be reasonable and appropriate under the circumstances.

(Ord. No. 2023-007, §§ 2, 3, 4-12-23; Ord. No. O-2025-005, § 2, 1-22-25)

(A)

Density

(1)

Density, Gross. Means the number of dwelling units allowed for each gross acre of land, and is determined by dividing the number of dwelling units on a site by the gross acreage of the site, including dedicated half rights-of-way, half private streets, and open space set asides permitted in residential areas by the Future Land Use Plan Map. In the determination of the number of residential units to be allowed on a specific parcel of land, a fractional unit equal to or greater than one-half of a unit shall be rounded down to equal a full unit.

(2)

Dwelling Units Allowed. The number of dwelling units allowed on a site is based on the presumption that all other applicable standards of this Code shall be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying or modifying other dimensional or development standards.

(B)

Lot Standards

(1)

Minimum Lot Dimensions. Any lot that is created shall meet the minimum lot size and frontage requirements established in §§10-2.2 through 10-2.4 for the zoning district in which it is located, except as otherwise established in this Code in §10-1.9, Nonconformities, or for particular uses.

(2)

Number of Principal Buildings or Uses Per Lot

(a)

Only one main building for single-family or two-family use with permitted accessory buildings may be located upon a lot or unplatted tract.

(b)

Where a lot or tract of land is used for mixed use, commercial, or industrial purposes, more than one main building may be located upon the lot but only when such buildings conform to all requirements of this Code applicable to the uses and district.

(3)

Net Lot Area. Net lot area shall be determined by measuring the total horizontal land area (in acres or square feet) within the lot lines of the lot—excluding any area containing the rights-of-way.

(4)

Lot Coverage. Lot coverage shall be the portion of a lot covered by principal and accessory buildings and structures, as measured from the outside of the building or structure at ground level, and expressed as a percentage of total lot area.

(a)

Calculation of lot coverage shall exclude garages, covered patios, carports, pools, uncovered patios, and open mesh-screened patios.

(b)

Calculation of lot coverage shall exclude any roof area from which stormwater runoff is captured and used onsite for purposes other than irrigation. Lot coverage shall include all other roofed areas, excluding roof overhangs not supported by columns.

(5)

Pervious Area

(a)

For purposes of the minimum pervious area requirement in this article, landscaped pervious area shall include, but not be limited to, turf grass, groundcover, trees, shrubs, and other plant material.

(b)

The pervious area not covered by buildings, vehicular use areas, waterways, and walkways shall be landscaped.

(c)

The use of pervious pavers or turf blocks is strongly encouraged. Should pervious pavers or turf blocks be utilized instead of a portion or majority of impervious surface, the Director may credit this towards achieving the minimum landscape requirements.

(C)

Setbacks, Minimum

(1)

Setbacks, Generally. Front, corner side, side, and rear setbacks on a lot shall be determined by measuring the horizontal distance along a straight line extending at a right angle from the lot's front, corner side, side, or rear lot line (as appropriate) to the vertical wall or column of the nearest structure on the lot. The area defined by a minimum setback and the lot line from which it measured is a required front, corner side, side, or rear yard (as appropriate). Allowable encroachments into required yards as stated in §10-2.6(C)(6), Allowed Projections into Required Setbacks, shall be ignored when measuring setbacks.

(2)

Double-Frontage Lots. In the case of double-frontage lots, front setbacks shall be provided on all frontages.

(3)

Contextual Front Setbacks. The following exceptions to the front setback requirements for dwellings fronting local streets, not collector or arterial streets, are authorized for a lot in any district.

(a)

If there are dwellings on both abutting lots with front setbacks of less than the required depth for the district, the front setback of the lot need not exceed the average front setback of the abutting dwellings.

(b)

If there is a dwelling on one abutting lot with a front setback of less than the required depth for the district, the front setback for the lot need not exceed the average of the required setback and the front setback of the abutting dwelling.

(4)

Setbacks from Private Roads. Whenever a private road serves more than three lots/dwelling units or serves any non-residential use tending to generate traffic equivalent to more than three dwelling units, all setbacks shall be provided in conformance with those setbacks required for lots served by public streets.

(5)

Setbacks for Walkways and Driveways. Whenever a walkway or driveway is to be located on a lot, it shall be a minimum of three feet from the rear and side property line, except for double-frontage lots.

(6)

Allowed Projections into Required Setbacks. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from 30 inches above grade upward, except that certain structures may project into required front, side, or rear setbacks as specified in this subsection.

(a)

On the zero side of a zero lot line, no projections of any kind shall encroach into the adjacent lot. The following structures included in this subsection shall be placed within the line of the house on the zero side of the lot line.

(b)

With the exception of structures allowed below, projections shall not be considered in determining lot coverage:

(i)

Patios and Terraces, Unroofed. Unroofed, patios and terraces may project into any required setback, provided that no structures placed there shall violate other requirements of this Code and are at least five feet from the lot line.

(ii)

Unroofed Landings, Decks, Stairs and Balconies. Unroofed landings, decks, and stairs may project into required setbacks, provided that no portion other than a handrail shall extend higher than 30 inches above the finished grade level. Unroofed balconies may project up to 36 inches into a required side or rear yard.

(iii)

Incidental Architectural Features. Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, ornamental features, awnings, bay windows, and other similar architectural features may project not more than three feet into any required setback.

(iv)

Pergolas and Trellises. Pergolas, trellises and other freestanding structures shall be setback five feet from all side and rear lot lines and are prohibited in the front yard.

(v)

Handicap Ramps. Handicap access ramps may be located within required front, side, and rear setbacks.

(vi)

Swimming Pools. Swimming pools shall measure setbacks five feet from the edge of the pool.

(vii)

Fences, Walls, and Hedges. Fences, walls, and hedges not exceeding six feet in height as measured from the natural contour of the premises may be maintained along any side or rear lot line or elsewhere within the side yard setback area between the required street front setback and the rear building line.

(viii)

Freestanding Ornamental Features. Ornamental features that are freestanding such as bird baths, sculptures, and fountains may exceed the 30 inches height maximum but not exceed 6 feet in height.

(ix)

Mechanical Equipment. A/C units, swimming pool equipment, irrigation pumps, propane tank generators, and backflow devices shall be prohibited in the front yard, and shall comply with the setback provisions in Article 2: Zoning Districts.

(7)

Projections Into Easements and Rights of Ways Prohibited. Projections shall not extend or encroach into any easement(s) or right(s)-of-way.

(8)

Zero Lot Line Side Yards

(a)

R2 District. In the R2 district, the minimum lot width for a zero lot line option shall be no less than 35 feet, the side yard setback may be built with a zero setback from any side property line; provided, however, the setback from the opposite property line shall not be less than ten feet, subject to the following standards:

(i)

Roof overhangs shall not be permitted over property line where the zero lot line is utilized as setback on one side.

(ii)

No openings of any kind shall be permitted on the zero lot property line. The zero lot property line shall be of fire wall construction as defined in the Florida Building Code, Broward County Amendments, and other regulatory codes of the State of Florida.

(iii)

A recorded reciprocal easement of five feet shall be required on the adjoining lot adjacent to the zero property line, and in no case shall landscaping be placed so as to prevent reasonable access for maintenance purposes.

(iv)

The zero lot line option shall apply provided that the entire block or the entire subdivision has been designated as such on the final site development plan.

(D)

Building Standards

(1)

Building Height Measurement

(a)

The height of a structure shall be determined by measuring the vertical distance from the average elevation of the finished lot grade at the front of the building to the top of a parapet or to the top of a flat roof, or to the mid-height of an angular roof, whichever is the tallest.

(b)

All references to a height of a specified number of stories or a specified number of feet shall mean a maximum of that number of stories, and within that number of stories the number of feet enumerated may not be exceeded. For example, a maximum height of three stories or 40 feet means that the maximum number of stories shall be three and that the maximum height of the building, including any walls necessary to hide air-conditioning equipment and all other equipment except elevator housing and stairwells shall be 40 feet.

(2)

Height Exceptions for Appurtenances. Except as specifically provided elsewhere in this Code, the height limitations contained in this Code do not apply to cupolas, flagpoles, chimneys, antennas, heating and ventilation equipment, elevator housings, stairwell towers or similar appurtenances; provided, however, the following:

(a)

The appurtenance does not interfere with Federal Aviation Administration regulations;

(b)

The appurtenance does not extend more than 10 feet above the maximum permitted building height, except for flagpoles, church belfries, and antennas that must be of greater height in order to function;

(c)

The appurtenance is not constructed for the purpose of providing additional floor area in the building;

(d)

The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in §10-4.8, Fences, Walls, and Screening.

(3)

Height Exceptions for Structures. The height regulations of this Code shall not apply to monuments, public art, or water tanks provided the structure does not exceed 75 feet in height from ground level.

(4)

Height Exceptions for Steeples. A steeple on a religious building may exceed the height regulations of this Code to a maximum of 50 feet.

(A)

General Purpose of Overlay Districts. Overlay zoning districts are superimposed over portions of one or more underlying base zoning districts in order to supplement generally applicable regulations with additional standards that address special area-specific conditions, features, or plans while maintaining the character and purposes of the underlying districts. Some overlay districts include standards that modify or supersede standards applied by the underlying district.

(B)

Establishment of Districts

(1)

Land shall be classified or reclassified into an overlay zoning district only in accordance with the procedures and requirements set forth in §10-5.4(F), Rezoning, and this section.

(2)

The boundaries of an overlay district shall be established by special studies related to the purpose of the district. Such study shall include, at a minimum:

(a)

Incorporation of an Overlay Map. A map shall be created and incorporated into this ordinance that shall identify the limits of the overlay district.

(b)

Specific Regulations. Specific regulations that apply within the boundaries of the overlay district shall be created to guide development within the district. Such regulations shall be incorporated into this Code after public hearings as an amendment to this Code and shall be used to review and regulate the development of all land uses in any zoning district within the boundaries of the overlay district.

(C)

Woodlands Overlay District

(1)

General Purpose of Woodlands Overlay District. The purpose and intent of the Woodlands Overlay District is to create and establish specific regulations in addition to those requirements contained within the City Code of Ordinances that will serve to preserve the neighborhood character, promote its high quality and appearance, maintain property values and protect the public health, safety and welfare. The overlay district is not only intended to provide guidelines to ensure the preservation of the Woodlands community's visual integrity, but to also ensure that every property is maintained in accordance with the community standards.

(2)

Woodlands Overlay (WO) District Established. The WO district is intended to protect the existing aesthetics of the Woodlands community to ensure high-quality development compatible with the surrounding existing development.

(3)

Sunset and Termination of Overlay District. This section shall sunset and the Woodlands Overlay District shall be terminated seven years (2025) after the effective date of this Code, unless, prior to the sunset date, the city commission shall pass legislation to extend or repeal the district.

(4)

General Maintenance Standards. Residential properties shall be protected from the negative impacts of noise, illumination, unsightliness, odors, dust, dirt, smoke, and other objectionable influences. Maintenance of premises shall be subject to the City's Code. Minimum standards to ensure maintenance of premises are as follows, along with the following conditions:

(a)

All properties shall be kept in a clean and sanitary condition free of rubbish, trash, garbage, ground surface hazards, including, but not limited to, broken glass, dangerous projections and objects.

(b)

No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.

(c)

Fences are permitted. Fences shall be constructed out of a non-porous material (specifically metal, aluminum, or plastic) and shall be painted black, dark green, white, or bronze in color and hidden from view with a continuous hedge. The property owner shall receive all required permits from the City prior to the installation.

(d)

Hedges are permitted and shall be maintained uniformly at a height not to exceed six feet.

(e)

Refuse containers shall be maintained in good condition and completely screened from view from the adjacent right-of-way. The only exception to this regulation is when the refuse containers are placed for pickup which shall be no earlier than 7:00 pm the evening before on the day of actual pickup and removed no later than 11:00 pm the evening of pickup.

(f)

All gas and oil tanks must be placed and maintained below ground level or in walled-in areas so as not to be visible from adjacent properties.

(g)

Air conditioning or other mechanical equipment placed in any front, side or rear yard shall be screened or walled in so as not to be visible from the public rights-of-way and shall not be placed on the roof of any building or structure unless such air conditioning or mechanical equipment is completely screened or walled in so as not to be visible from the public rights-of-way or adjoining properties.

(h)

Any telecommunications tower and/or antenna located within the Woodlands community shall comply with all federal, state, and local laws, ordinances and regulations.

(i)

Permanent and/or temporary signs shall not be erected or displayed upon any properties within the Woodlands. Exceptions:

(i)

Political signs, which shall conform to §10-4.10, Signs.

(ii)

Security/protective agency signs, which shall be located within five feet of the residence.

(iii)

Warning or hazard signs, which will be permitted to be located where the hazard may exist.

(iv)

Real estate signs, provided the signs are placed a minimum of 10 feet from the property line. Only one sign shall be permitted per property. The size of the sign shall be no larger than 15 inches in height, 24 inches in width. The top of the sign when measured from the ground (where the sign is installed) shall not exceed 36 inches in height.

(v)

Open house signs, which shall be permitted on weekends only when the subject property is staffed by a realtor or the homeowner. The size of the sign shall be no larger than 15 inches in height, 24 inches in width. The top of the sign when measured from the ground (where the sign is installed) shall not exceed 36 inches in height.

(vi)

House identification signs, which shall be attached to the residence, be no larger than 12 inches by 15 inches and include no more than the homeowner's name and/or address.

(j)

Exterior surfaces of all buildings and structures including, but not limited to, roofs, walls, soffits, siding, fascia, and vehicular use areas shall be kept free of dirt, grime, mold, and mildew. Such surfaces shall also be kept free of faded or chipped paint and shall be maintained in good repair and condition. Such surfaces shall be repainted, recovered, or cleaned when 10 percent or more of the exposed surface area does not meet the standards set forth herein.

(5)

Carports, Garages, Parking, and Storage

(a)

The parking, storage, or movement of motor vehicles except in approved vehicle use areas is prohibited. Exceptions include golf carts which shall be permitted to move over pervious areas to get to and from the golf course or vehicle use areas.

(b)

Only private use vehicles are permitted to be parked or stored overnight where visible from the public rights-of-way or abutting property. All other types of vehicles including, but not limited to, heavy trucks and commercial vehicles are prohibited from being parked or stored overnight where it is visible from the public rights-of-way or abutting property.

(c)

Vehicle use areas shall be constructed of asphalt pavement, brick pavers, concrete, stamp concrete, cast in place stone or of a similar material which provides equivalent durability, aesthetic appearance, and maintainability. Any modification to an existing vehicular use area shall receive all required permits from the city prior to construction.

(d)

Carports are for the purpose of storing private use vehicles and trucks only. General storage of personal belongings and other commodities within the confines of the carport visible from the abutting rights-of-way are prohibited. Carports shall be maintained so that there is no accumulation of junk, trash, and debris.

(e)

Garage doors shall be kept in the down position at all times when the garage is not in use by the resident.

(6)

Buildings, Additions, and Modifications. In order to assure that the quality of development within the community is maintained at a high standard, the following requirements shall apply to construction of new residences and additions or changes to existing residences or properties:

(a)

No residence shall be constructed containing a living area of less than 1,500 square feet.

(b)

No docks, seawalls, boat landings, mooring posts or boathouses may be constructed without the property owner obtaining all permits.

(7)

Landscaping and Screening. In order to assure that the aesthetic appearance of the community is maintained, the following requirements shall apply with regard to maintenance of shrubbery and landscape materials:

(a)

Homeowners must maintain healthy landscaping, to include spraying, watering, weeding, trimming, and fertilizing.

(b)

All lot areas not covered by driveways, or other paved areas or structures shall be planted with lawn grass, ground cover or other appropriate landscape materials, free of weeds. Lawns shall be neatly maintained at a height of four inches or less.

(c)

Modifications to existing landscape material (as defined herein) shall be of equivalent replacement.

(d)

Landscape material shall not create pedestrian and/or motor vehicle hazards.

(e)

The installation, removal and pruning of all trees and palms within the community shall be in accordance with the standards of §10-4.4,Landscaping and Tree Preservation. All other elements of landscaping shall be installed and maintained so as to meet all other applicable City Code requirements.

(Ord. No. O-2019-23, § 2, 12-11-19; Ord. No. 2020-008, § 2, 7-8-20; Ord. No. 2021-005, § 2, 2-24-21; Ord. No. 2021-025, § 2, 8-25-21; Ord. No. O-2023-023, § 2, 11-8-23)

(A)

Intent and Purpose; Expiration

(1)

The purpose of this section is to establish procedures and regulations for the development of mixed-use developments pursuant to the provisions of F.S. § 166.04151(7), as created by Chapter 2023-17, Laws of Florida, the "Live Local Act of 2023" and State Bill 328 (Act), which mixed-use developments involve a combination of residential and non-residential components, and a combination of dwelling units that qualify as affordable housing and units that do not qualify as affordable housing, to accomplish the following purposes:

(a)

Protect and promote the public health, safety, and general welfare of the City's residents;

(b)

Ensure affordability commitment for a period of at least 30 years;

(c)

Facilitate the orderly development of affordable multifamily housing in the city pursuant to the Act;

(d)

Confirm that a "qualified mixed-use development pursuant to the Act" (QMDA) is required to be a mixed-use residential development;

(e)

Specify the city zoning districts to which this section is applicable and within which a QMDA is authorized and may be approved administratively pursuant to the Act;

(f)

Confirm the land development regulations applicable to QMDA, and acknowledge the statutory mandates regarding density, height, and land use;

(g)

Confirm minimum dwelling unit square footage in order to provide reasonable living conditions;

(h)

Provide a minimum percentage of non-residential use floor area for QMDA to provide a meaningful mixed-use development and to reduce vehicle trips and vehicle miles traveled;

(i)

Confirm the maximum intensity for QMDA applies to all square footage within the development; and

(j)

Establish an administrative approval process for QMDA, including provisions for appeals of administrative decisions.

(2)

Consistent with F.S. § 166.04151(7), which expires October 1, 2033, this section 10-2.8 also expires and becomes null and void on October 1, 2033, unless the statute is further extended by the Legislature. In such circumstances, the ordinance from which this section is derived shall be in effect as long as the statute is in effect.

(B)

Definitions

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Act means Live Local Act of 2023 and the amended provisions of Senate Bill 328 collectively.

Adjacent, for the purpose of this section, means having a common boundary or edge; abutting; touching.

Director means director of community development.

Gross square footage (gross floor area) means the sum (in square feet) of the area of each floor level, measured from principal outside faces of exterior walls, including, but not limited to, basements, corridors, hallways, utility areas, elevators, storage rooms, staircases, and mezzanines, but not including architectural projections. Included are areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. This definition includes areas which are not enclosed, but roofed; however, it does not include unroofed areas.

QMDA means a qualified multiple-family, mixed-use development proposed pursuant to F.S. § 166.04151(7), as amended from time to time, with a minimum of 65 percent of the gross square footage used for residential purposes, at least 40 percent of residential units are affordable rental units, as defined in F.S. § 420.0004, for a period of at least 30 years, and with the remaining of the gross square footage dedicated to non-residential uses, as permitted in the applicable zoning district.

Unified control means all land included for the purpose of development 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, which shall be approved by the city attorney. Upon application, the applicant shall agree as follows:

(a)

To proceed with the QMDA according to the provisions of this section and the affordability requirements as established by state law and covenant;

(b)

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

(c)

To bind their successors in title to any commitments made under the above for the affordability period and as long as the development remains a QMDA. All agreements and evidence of unified control shall be reviewed by the city attorney and no site plan for a QMDA shall be approved without verification by the city attorney that such agreements and evidence of unified control meet the requirements of this section.

(C)

Applicability; Zoning Districts permitting QMDA; Conflicts

(1)

QMDA shall be permitted, and the regulations set forth in this section shall be applicable to QMDA, only in the following zoning districts of the city:

(a)

I-1 (Light Industrial)

(b)

I-2 (Industrial)

(c)

MU-N (Mixed-Use Neighborhood)

(d)

MU-C (Mixed-Use Corridor)

(e)

MU-G (Mixed-Use General)

(f)

NC (Neighborhood Commercial)

(2)

In the event of a conflict between the regulations set forth herein and those set forth in the commercial, industrial, or mixed-use zoning district in which a QMDA is proposed to be located, the regulations set forth in this section shall control to the extent of such conflict.

(D)

Site Plan Requirements; Application and Fees; Administrative Review Process; Appeals

(1)

For each proposed QMDA, a pre-application staff conference is required in accordance with the procedures set forth in Section[s] 10-5.3(B)(1), (3), and (4), including all information required.

(2)

For each proposed QMDA, a pre-application neighborhood meeting is required in accordance with the procedures set forth in Section 10-5.3(C). The notification radius for this meeting shall be extended by an additional 100 feet, covering a total radius of 500 feet for residential properties, to ensure broader community engagement and input.

(3)

The fee for administrative review of the application shall equal the fee for a site plan approval (major) and include the estimated costs for review by outside consultants as specified in the Community Development Fees Schedule of the City of Tamarac under "Cost Recovery and Miscellaneous." The director may impose additional application fees to recover the city's actual costs incurred during the review process, pursuant to Section 10-5.3(D)(3)(b). Additionally, the applicant shall be responsible for applicable impact fees to mitigate the impact of the QMDA on public facilities and infrastructure. The applicant may also be required to provide community benefits, such as public open space enhancements or contributions to local community initiatives, as determined by the director in accordance with applicable city policies or guidelines.

(4)

Application submittal, revisions, and withdrawals shall be conducted pursuant to the provisions of Section[s] 10-5.3(D)(1), (2), (5), (6), and (7).

(5)

Administrative review of the site plan application shall be conducted pursuant to the provisions of Section[s] 10-5.3(E)(1), (2), and (4).

(6)

Affordable Housing Plan: including dwelling unit mix, number of bedrooms and unit sizes, income levels to which each unit will be made affordable, methods used to advertise affordable units, annual certification form, and any additional information requested by the Director.

(7)

Affidavit of Commitment. The applicant must file an affidavit of commitment in a form provided by the city, to record a covenant detailing the affordable housing restrictions (and to comply with the monitoring and compliance requirements of the city). The covenant will detail income mix and required affordability, with a release provision ensuring that the covenant is in place for 30 years from certificate of occupancy and may only be released earlier by bringing the project into full compliance with all zoning and land use provisions applicable to the site at the time of the release. The city will provide the form covenant and monitoring and compliance forms upon submittal of the application. Annual certification shall be submitted to the community development department.

(8)

Legal documents demonstrating unified control of the proposed development site and providing for maintenance and cross-access, as applicable.

(9)

A specific purpose survey demonstrating the one mile distance for the proposed height determination (unless the comparable site is so obviously close to render this unnecessary) with a brief analysis of the comparable site.

(10)

A brief analysis of the comparable site for the proposed density determination.

(11)

Clearly visible notes on the site plan legend or data sheet, indicating the project is a Live Local Act, F.S, § 166.04151(7), project.

(12)

A table, or tables, on the site plan legend or data sheet, indicating the ratio of residential and non-residential square footage and affordable and market rate residential units.

(13)

As required by the director, QMDA located in industrial zoning districts shall submit a study by an environmental consultant which performs a comprehensive site assessment of the existing property and proposed development demonstrating existing and proposed uses do not present potential hazard or detriment to residential buildings from noise, glare, odors, smoke, vibration, or environmental contamination.

(14)

Analysis of water and wastewater demand associated with the QMDA demonstrating demand is within existing availability.

(15)

A traffic analysis demonstrating the ability to achieve an internal trip capture concurrent with the buildout of the project.

(16)

A parking study is required if the QMDA requests up to a 20 percent reduction in total parking requirements, as provided in Section 10-5.4(H)(3)(c). This reduction applies to QMDAs within one-half mile of a major transportation hub, provided on-street or off-street parking is available within 600 feet for residents.

(17)

The director's decision on an application for a QMDA shall be final. Either the applicant, or an aggrieved party, as defined in section 10-5.3(J)(b), who disagrees with the final decision of the director, may file an appeal to the planning board in accordance with Section 10-5.4(R). Provided, however, the appellant needs only file a timely notification of appeal and such appeal shall be heard at the next planning board meeting that is at least two weeks after the filing of the appeal.

(E)

Land Development Regulations for QMDA

(1)

Unified Lot. All land included for the purposes of a QMDA, including all residential and non-residential components, shall be under unified control.

(2)

Required Residential Use

(a)

A minimum of 65 percent of the total square footage of a QMDA shall be used for residential purposes.

(b) Equivalency of Affordable Dwelling Units

1.

Affordable dwelling units and market rate units within a QMDA shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every qualifying development structure contains both affordable and market rate units in equal proportions; in no event shall a qualifying development structure consist entirely of market rate units.

2.

All common areas and amenities within a QMDA shall be accessible and available to all residents (both affordable and market rate units).

3.

Access to the required affordable dwelling units in a QMDA shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development, provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance.

4.

Unit mix (bedroom count and size per unit): The sizes and number of bedrooms in the affordable dwelling units shall be proportional to the sizes and number of bedrooms in the market rate units (e.g., for number of bedrooms, if 25 percent of the market rate units consist of two bedrooms, then 25 percent of the affordable units shall also have two bedrooms, etc., maintaining a proportional distribution across unit types and each structure within the qualifying development). When measurements determining the unit mix of affordable units result in any decimal fraction less than 0.5, they shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

5.

Affordable dwelling units shall be developed simultaneously with, or prior to, the development of the market rate units.

6.

If the QMDA is phased, the phasing plan shall provide for the construction of affordable units proportionately and concurrently with the market rate units and nonresidential uses. A certificate of occupancy for affordable units must be issued concurrently with or prior to the certificate of occupancy for market rate units of the development. In phased developments, affordable units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

7.

The exterior appearance of affordable units shall be the same as the market rate units and shall provide exterior building materials and finishings of the same type and quality.

8.

The interior building materials and finishes of the affordable units shall be the same type and quality as the market rate units, including, but not limited, to all electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative finishes.

(c)

Affordability Commitment

1.

Pursuant to F.S. § 166.04151(7), at least 40 percent of the multi-family residential units shall remain affordable, as defined in F.S. § 420.0004, for a period of at least 30 years. Before the issuance of any building permit, the property owner shall execute and deliver to the city for recordation in the public records, on a form approved by the city attorney, a covenant, declaration of restriction, or other deed restriction in favor of the city ensuring compliance with this affordability requirement and providing enforcement rights for the city.

2.

The property owner shall provide to the city, each year on January 15, an annual certification form certifying all affordable housing units meet the affordability criteria set forth in F.S. § 420.0004.

(3)

Required Non-Residential Use

(a)

Thirty-five percent of the total square footage of the QMDA shall be devoted to principal non-residential uses that are not dedicated to, or exclusively accessible by, the on-site residential uses. Residential community amenities, or non-residential uses open only to residents of the QMDA are not considered non-residential uses.

(b)

Non-residential uses shall be limited to those uses permitted in the zoning district and land use regulations applicable to the land on which the QMDA is located. Proposed uses requiring special exception shall be subject to city commission approval and the applicable regulations and limitations for the use.

(4)

Allocation of Shared Space Square Footage

(a)

Lobby, service areas, and amenity areas exclusively serving the residential uses of a QMDA shall be considered residential square footage.

(b)

Common ground floor lobby, service areas, parking, and amenity areas within a structure housing both residential and non-residential uses shall be proportionately allocated to the residential and non-residential square footage requirements.

(5)

Site Design

(a)

A QMDA must locate all non-residential uses on the same (or unified) plot.

(b)

A QMDA located on land zoned industrial must locate all non-residential uses in a structure separate from any residential uses. Structures used for more intense industrial purposes, as determined solely by the city, need to be buffered and setback from the residential structures in the same manner, applying setbacks, landscape buffers, and other applicable regulations as if the residential structures were on a separate site, to ensure compatibility between residential and industrial uses.

(c)

A QMDA located on land zoned industrial shall submit a study by an environmental consultant which performs a comprehensive site assessment of the existing property and proposed development demonstrating existing and proposed uses do not present potential hazard or detriment to residential buildings from noise, glare, odors, smoke, vibration, or environmental contamination.

(6)

Additional Development Standards

(a)

The following standards are applicable to all QMDA regardless of the zoning district they are located in:

1.

Maximum Density and Height.

a.

With respect to the residential component of a QMDA, the maximum density shall be the highest allowed density on any land in the city where residential development is allowed by right, without incorporation of any bonus density and/or flex and reserve units. The maximum permitted density in the city is 50 dwelling units per acre.

b.

The maximum height shall be the highest currently allowed for a commercial or residential development within the city and within one mile of the QDMA, or three stories, whichever is higher. For QDMA adjacent on two sides or more to a single-family zone with 25 or more contiguous single-family homes, height is limited to 150 percent of the tallest adjacent building or three stories, whichever is greater, as provided in the Act.

2.

A QMDA shall adhere to existing land use regulations pertaining to minimum dwelling unit sizes of multi-family developments, as specified in Table 10-2.2, and to minimum lot standards, setbacks, and building standards for mixed-use developments, as specified in Table 10-2.3 of the Land Development Code of the City of Tamarac.

3.

A QMDA shall adhere to all other applicable Land Development Code development standards unless specifically regulated in this section.

(b)

Architectural Requirements

1.

Architectural requirements of the QMDA shall conform to section 10-4.7 "Mixed-Use and Nonresidential Site and Building Design" of the Land Development Code of the City of Tamarac. All QMDA proposed under this section shall be cohesive and architecturally compatible with guidelines as determined by staff.

2.

Overhead garage or loading doors shall not face a street side.

3.

Electrical equipment shall be effectively screened from view from public areas, streets, adjoining properties, and residential uses.

4.

Mechanical equipment is not permitted on any street side and shall be effectively screened from view from public areas, adjoining properties, and residential uses.

(c)

Buffer and Landscaping Requirements A QMDA shall conform to section 10-4.4 "Landscaping and Tree Preservation" and the landscaping and buffering requirements for the zoning district in which it is to be located.

(d)

Parking

1.

Parking requirements. A QMDA shall conform to section 10-4.2 "Transportation and Connectivity" of the Land Development Code of the City of Tamarac and the driveways and access requirements per 10-4.2(B)(4)(a) and (d).

2.

A QMDA located within a designated Transit-Oriented Development (TOD) is exempt from parking requirements. Additionally, a QMDA within one-half mile of a major transit stop, as determined by the city, may reduce total parking requirements by at least 20 percent, subject to evaluation based on site conditions.

(7)

Regulatory Compliance

(a)

In addition to the provisions set forth herein, QMDA shall comply with all other land development regulations applicable to mixed-use developments in which the density is proposed.

(b)

All aspects of the QMDA shall be consistent with the city's comprehensive plan, with the exception of provisions establishing allowable use, height, and density.

(c)

Compliance with applicable laws and regulations. In addition to the provisions set forth herein, qualifying developments shall comply with all other applicable state and local laws and regulations.

(8)

Expiration or Loss of Qualifying Development Status

(a)

Penalties Any violation of the affordability requirement shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of $250.00 per day per unit per violation until proof of compliance has been provided to the city. The monetary penalty shall not be subject to mitigation or otherwise modified by any body or board, including, but not limited to, the code enforcement special magistrate.

(b)

Loss for Failure to Meet Affordability Requirements An approved qualifying development project which fails to maintain the required number of affordable dwelling units and does not comply with the affordable housing requirements of this section after notice and 90 days to cure, shall be considered non-conforming as to all portions of the development that do not comply with use and development regulations applicable based on the assigned zoning designation.

(c)

Expiration of Covenant A qualifying development, for which a covenant guaranteeing affordable housing has expired, shall be considered:

1.

A legal conforming use, so long as the development maintains the same levels and standards of affordable housing.

2.

A legal non-conforming use, if the number of required affordable dwelling units originally required under the covenant are not maintained as affordable, subject to section 10-1.9 of the Land Development Code, "Nonconformities."

(Ord. No. O-2025-003, § 2, 1-22-25)