To achieve the purposes of these regulations and of the Code of the City of Wilton Manors, Florida, and regulate the use of land, water, and buildings, height and bulk of buildings and other structures, and population density and open spaces, the City is hereby divided into districts. The districts have been established with specific relationships to the City's Future Land Use Element of its Comprehensive Plan as provided below.

The locations of these districts are shown on a map designated as the City of Wilton Manors Zoning District Map, dated and signed by the Mayor and City Clerk upon adoption. This zoning district map, together with all notations, dimensions, references and symbols shown thereon, pertaining to such districts, is hereby adopted by reference and declared to be as much a part of the ULDR as if fully described herein. Said map shall be available for public inspection in the Department and any later alterations to this map, adopted by amendment as provided in these regulations, shall be similarly dated, filed, and made available for public reference.

(A)

A district name or symbol shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or symbol is shown or indicated, except as otherwise provided by this Section.

(B)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules apply:

(1)

In cases where a boundary line is given a position within a street or alley, easement, canal, navigable or non-navigable waterway, it will be deemed to be in the center of the right-of-way. If the street, alley, easement, canal, or waterway varies slightly from the location as shown on the district map, then the actual location controls.

(2)

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance controls.

(3)

When a parcel of property is crossed by a zoning district boundary and the property thus lies in two (2) zoning districts, any development must conform to the most restrictive lot area, lot width, building setback, and similar regulations if the proposed development crosses the zone line.

In the event a lot is of an irregular shape, and required yards are in question, the Director shall determine required yard locations based upon the concepts set forth in these regulations.

In residential zoning districts, one of the front yards may be reduced by up to five (5) feet when a lot is located on a corner or has multiple front yards. The property owner may choose which setback to reduce, subject to approval of the Director.

(Ord. No. 860, § 2, 1-11-05)

The schedules that follow set forth the permitted uses and development standards pertaining to required yards, bulk and height for each zoning district in the City. Special zoning overlay and planned unit development districts are not provided in tabular format, but are self-contained as set forth in Articles 30, 35 and 40. Following each schedule of regulations are footnotes applying only to specific uses within the schedule and additional provisions generally applicable within the schedule of uses. Supplemental regulations pertaining to required yards, bulk and height, and to permitted uses are contained within Articles 45 and 50, respectively.

* See Section 045-020, Modification of height regulations and roofscape requirement, for exceptions.

** Reference yards definition, Sec. 010-030, Terms defined, for yard locations and see Sec. 020-032, Lots with multiple front yards in residential districts; reduction of required yards.

*** Reference lot width definition, Section 010-030, Terms defined, for lot width measurement.

**** Lots of record nonconforming as to area dimensional requirements located in the RS-5 and RD-10 zoning districts may reduce the required side yard setbacks to five (5) feet. In RS-5 Zoning Districts, where a building exceeds twenty-four (24) feet in height, that portion of the building above twenty-four (24) feet shall be set back from the side yard setbacks one foot per foot of additional building height above twenty-four (24) feet.

(Ord. No. 849, § 2, 11-25-03; Ord. No. 860, § 2, 1-11-05; Ord. No. 893, § 2, 1-24-06; Ord. No. 908, § 2, 9-12-06)

P=Permitted use, N=Not permitted use, C=Conditional use

(A)

Table of permitted, conditional and prohibited uses.

(B)

Specific use provisions (see associated footnotes in table, above):

(1)

Subject to the regulations that apply to the RS-5 zoning district.

(2)

Subject to the regulations that apply to the RD-10 zoning district.

(3)

May be elementary, middle or high school. Curriculum must be substantially equivalent public school curriculum for same aged students of comparable grades. School must have approval of the state department of education.

(4)

Specific location and operational limitations are placed on the location of bed and breakfast dwellings by Section 050-050.

(5)

The minimum depth of interior side yards for schools, libraries, places of worship, and other public and semi-public buildings in residential districts shall be fifty (50) feet, except where a side yard is adjacent to a business district, in which case, the depth of that yard shall be as required for the district in which the building is located.

(6)

A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under thirteen (13) years of age who are related to the caregiver:

(A)

A maximum of four (4) children from birth to twelve (12) months of age.

(B)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(C)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(D)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age.

(C)

Residential districts general use provision:

(1)

Uses not specifically permitted that are similar in character to one or more permitted uses in nature and intensity shall be permitted, provided the use is not specifically prohibited in the applicable district, and provided the use is not specifically permitted in another district.

(Ord. No. 871, § 3, 5-10-05; Ord. No. 2016-010, § 3, 9-13-16; Ord. No. 2017-010, § 3, 2-13-18; Ord. No. 2018-001, § 3, 2-13-18)

* See Section 045-020, Modification of height regulations and roofscape requirement, for exceptions.

**Reference yards definition for yard locations.

P=Permitted use, N=Not permitted use, C=Conditional use

(A)

Table of permitted, conditional, and prohibited uses.

(B)

Specific use provisions (see footnote references in table, above):

(1)

All treatment rooms or kennels shall be maintained within a completely enclosed, soundproof building and no objectionable noises or odors shall be externally detectable to adjacent properties.

(2)

No testing of internal combustion engines permitted.

(3)

See Section 050-070, Motor fuel pumps, for additional development standards.

(4)

Any light manufacturing or processing use which creates no danger to the public health and safety in surrounding areas, and no offensive noise, vibration smoke, dust, lint, odor, heat, or glare in excess of the performance standards set forth in Section 050-040.

(5)

For automobiles, motorcycles, and trucks, but excluding heavy trucks and all commercial motor vehicles, all as defined under F.S. § 320.01, as amended.

(6)

Maximum square footage of any such use is twenty-five hundred (2,500) square feet of gross floor area.

(7)

Individual types of retail uses that are regulated separately from general retail are not permitted as general retail uses.

(8)

No storage of vehicles.

(9)

See Section 050-060, laundromats, for supplemental use regulations.

(10)

See Section 050-100, pawnshops, for supplemental use regulations.

(11)

See Section 050-110, check cashing store, for supplemental use regulations.

(12)

Distance separation. The listed use shall not be permitted unless the closest projection of the building or outdoor sales area, if any, from public or private elementary, middle, or secondary schools, and child daycare facilities to the closest projection measures a minimum of five hundred (500) feet.

(C)

Commercial and industrial districts general use provisions:

(1)

Within the B-1 and B-2 Districts, no open or outside storage shall be permitted.

(2)

Within the B-3 and I-1 Districts, outdoor storage is permitted as an accessory use to a principal permitted use only, and such outdoor storage area shall be enclosed pursuant to Subsection 150-030(D), Perimeter landscape and buffer requirements.

(3)

All merchandise in the business districts shall be stored and displayed within an enclosed building with the exception of garden shops, plant nurseries, and sales and rental of motor vehicles, boats, and watercraft. Retail sales establishments may include incidental and subordinate processing, repair and rental accessory activities, provided that all processing and repair of merchandise occurs within the principal building.

(4)

In the business districts, no delivery or pickup is permitted between the hours of 9:00 p.m. and 7:00 a.m.

(5)

Uses not specifically permitted above that are similar in character to one or more permitted uses in nature and intensity shall be permitted in the business districts, and conditionally permitted in the I-1 District, provided the use is not specifically prohibited in the applicable district, and provided the use is not specifically permitted in another district.

(6)

All uses shall comply with Section 050-040, Performance standards.

(7)

See Section 4-6 City Code of Ordinances.

(Ord. No. 900, § 2, 5-23-06; Ord. No. 946, § 2, 5-26-2009; Ord. No. 2014-001, § 2, 3-11-14; Ord. No. 2016-010, § 4, 9-13-16; Ord. No. 2017-010, § 4, 2-13-18; Ord. No. 2018-001, § 3, 2-13-18)

*Reference yards definition for yard locations.

**See Section 045-020, Modification of height regulations and roofscape requirement, for exceptions.

***See Section 020-110, below, for additional regulations.

Prior to rezoning any property to the ROSC District, the Commission shall adopt specific development standards categorized in the table above, in a redevelopment plan for the district to supplement the standards set forth below for each ROSC District established. The adopted standards for each plan shall be consistent with the purpose and intent of this Section and shall be designed to produce an urban environment of equal or superior quality to that which would result from strict adherence to the provisions and requirements of the previous zoning. It shall be determined that all deviations from site development standards of the previous zoning are necessary for reasonable and practical physical development of the property, and are not required solely on the basis of financial consideration. All ROSC District development standards established within adopted redevelopment plans are hereby incorporated by reference.

(A)

Residential uses. All structures erected or altered for use strictly as a detached single-family and duplex residential dwelling shall conform to RS-5 and RD-10 development standards, respectively.

(B)

Commercial and mixed (residential/commercial) uses. Prior to the issuance of a local business tax receipt or any building permit for commercial or mixed uses, where exterior building and/or site modifications are proposed or required, a site plan complying with Article 85, Site Plans, shall be submitted for approval. The construction of new buildings or structures, and the moving, reconstruction, repair or alteration of existing buildings to a commercial use, including color changes which materially affect the external appearance of the building, shall be of such design, form, height, proportion, configuration, materials, textures, color and location on the plot as are consistent with the adopted redevelopment plan for the district. All commercial and mixed-use structures are bound by the following standards:

(1)

Landscaping: Landscape standards set forth in Article 150, Landscaping, for single-family detached residences shall be used, except that all perimeter vehicular use area landscaping standards also set forth in Article 150 shall apply.

(2)

Off-street parking: Adequate parking shall be provided to meet the demands of the proposed use without requiring off-premises parking, however, parking facilities shall maintain the aesthetic appearance of residential uses. The City shall use the following criteria as guidelines for determining whether parking facilities are characterized as residential in appearance:

a.

Minimized use of curbing and parking space striping within vehicular use areas.

b.

Minimized parking in the front yard, with greater reliance on the rear yard, and secondarily, the side yard where possible.

c.

Stacking of employee and resident parking, with back-out parking permitted.

d.

Use of alternative parking surfaces, approved by the City Engineer, for large parking areas, to soften the impact of vehicular uses areas normally paved with asphalt.

(Ord. No. 914, § 2, 2-13-07)

P=Permitted use, N=Not permitted use, C=Conditional use

(A)

Table of permitted, conditional and prohibited uses.

(B)

Specific use provisions (see footnote references in table, above).

(1)

Subject to the regulations that apply to the RS-5 zoning district.

(2)

Subject to the regulations that apply to the RD-10 zoning district.

(3)

In conjunction with a residential use provided there is one licensed resident-operator, with a maximum of two (2) operators.

(4)

Specific locational limitations are placed on the location of bed and breakfast dwellings by Section 050-050).

(5)

Limited to twelve hundred fifty (1,250) square feet of gross floor area in conjunction with a residential use.

(6)

The minimum depth of interior side yards for schools, libraries, places of worship, and other public and semi-public buildings adjacent to residential districts shall be fifty (50) feet.

(C)

General use provisions for mixed-use and public/quasi-public district permitted, conditional and prohibited uses.

(A)

Uses not specifically permitted that are similar in character to one or more permitted uses in nature and intensity shall be permitted, provided the use is not specifically prohibited in the applicable district, and provided the use is not specifically permitted in another district. Within RO and ROSC Districts, all uses other than single-family and duplex uses shall be approved through conditional use application.

(B)

No delivery or pickup is permitted between the hours of 8:00 p.m. and 8:00 a.m.

(C)

Overnight parking of commercial vehicles is subject to the restrictions of Section 025-030 (Ordinance 628).

(D)

See Section 045-020, Modification of height regulations and roofscape requirement, for exceptions within residential districts.

(E)

No open or outside storage shall be permitted.

(F)

Flexibility provisions of the Comprehensive Plan and BCLUP must be utilized where any use is inconsistent with the underlying Future Land Use Plan Map designation of the lot upon which the use is located. The flexibility provisions are incorporated by reference herein.

(Ord. No. 842, § 2, 6-24-03; Ord. No. 994, § 2, 12-13-11; Ord. No. 2016-010, § 5, 9-13-16; Ord. No. 2017-010, § 5, 2-13-18; Ord. No. 2018-001, § 3, 2-13-18)