ULDR Definitions & Special Situations
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Sec. 47-1.14. Interpretation of permitted and conditional uses.
A. Where a zoning district contains a List of Permitted and Conditional Uses the following shall apply:
1. Permitted uses are listed under the heading, Permitted Uses , and are designated by categories permitted within each zoning district, indicating that such use shall be permitted within the specific zoning district, subject to the requirements of such zoning district.
2. Where a listed use is followed by a reference to other sections of the ULDR which apply to the use, then the use is permitted subject to compliance with such additional provisions and requirements as set forth in the ULDR.
3. Conditional uses are listed under the heading, Conditional Uses , and are listed by categories permitted within a district, indicating that such use may be permitted within the specific zoning district, as indicated, subject to compliance with procedures and requirements for conditional use permits as set forth in the ULDR.
4. Permitted or accessory uses which are not specifically listed but are substantially similar to those uses listed as permitted or accessory within a district shall be deemed to be permitted as interpreted by the zoning administrator.
5. Any use not substantially similar to those permitted or accessory uses listed within a district shall be deemed to be prohibited as interpreted by the zoning administrator.
B. In all zoning districts, the following definition of permitted, conditional, accessory and prohibited uses shall apply.
1. A permitted use is a use allowed in a particular zoning district, subject to the requirements provided in the ULDR. A permitted use may become a conditional use based on Section 47-23, Specific Location Requirements, or as otherwise required by the ULDR.
2. A conditional use is a use which may be allowed in a particular zoning district only after compliance with all the conditions and standards for the location or operation of the use, as required by conditional use permit, as provided in Sec. 47-24.3.
3. An accessory use is any use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same parcel with the principal use which meets the requirements of Section 47-19, Accessory Uses, Buildings and Structures.
4. A secondary use is a second principal use which is only permitted in connection with another principal use.
5. A prohibited use is any use which is not listed as a permitted, conditional or accessory use in a zoning district, and which is not substantially similar to those uses listed as a permitted, conditional or accessory use in that zoning district.
(Ord. No. C-97-19, § 1(47-1.14), 6-18-97)
Sec. 47-1.16. Effect of issuance of development permit.
The approval of a development permit shall not be construed to create a right to any development of property that fails to meet the requirements of all land development regulations applicable to the development.
(Ord. No. C-97-19, § 1(47-1.16), 6-18-97)
Sec. 47-1.17. Existing site plans.
Development proposed in an application submitted to the city which has been reviewed, approved, or both, by the city pursuant to zoning provisions in effect prior to the effective date of the ULDR shall continue to be required to meet the zoning regulations in effect at the time of the application. Any request to review an existing site plan under the ULDR must be submitted as a new development.
(Ord. No. C-97-19, § 1(47-1.17), 6-18-97)
Sec. 47-2.2. Measurements.
A. Customer service area. Customer service area is the area of an establishment available for food or beverage service or consumption, or both, calculated by measuring all areas covered by customer tables and bar surfaces and any floor area within five (5) feet of the edge of said tables and bar surfaces, measured in all directions where customer mobility is permitted. Customer service area shall include any outdoor or patio floor area used or designed for food or beverage service or consumption, or both, measured as specified above. Areas between tables or bars which overlap in measurement with another table shall only be counted once.
B. Distance requirements. Unless otherwise provided herein, distances shall be measured in accordance with the following:
1. When the ULDR require a distance between uses or developments on different development sites or there are requirements in the ULDR for a development which is located within a certain distance from another development, the distance shall be measured using airline measurement from property line to property line using the closest property line of the parcels of land involved.
2. When the ULDR imposes requirements on a development which is located within a certain distance of a zoning district, the distance shall be measured using airline measurement from the zoning district line lying closest to the closest property line of the parcel of land involved.
3. When there is a distance requirement between a structure or building on the same development site, the distance shall be measured from the exterior of the buildings or structures, using airline measurement from the closest points between the structures being measured.
4. When a portion of a parcel or development site lies within a certain distance of a zoning district or development and the ULDR imposes requirements or regulations on a development or parcel within such distance, the requirements and regulations shall be applicable to the entire parcel or development site and not just to the portion within the specified distance.
C. Floor area, gross. The sum of the floor areas of all floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, excluding covered parking and loading areas or parking garages for nonresidential uses in all but the area east of the Intracoastal Waterway. Covered parking and loading areas or parking garages shall be included in calculating gross floor area for residential uses and nonresidential uses east of the Intracoastal Waterway. When an entire level of a building or structure is located below ground as measured from floor to floor or ceiling slab to ceiling slab, the floor area of this level shall be excluded from the calculation of gross floor area. In restaurants, gross floor area shall also include any outdoor or patio floor area used or designed for use for customer service. For the purpose of calculating parking spaces, see gross floor area as provided in Sec. 47-20.2.B., Parking and Loading Zone Requirements.
D. Floor area, net. The total floor area of all floors of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when such is used or intended to be used for human habitation or service to the public.
E. Floor area ratio (FAR). The floor area ratio is the gross floor area of all buildings or structures on a plot divided by the total plot area.
F. Fractional measurements.
1. When units or measurements result in a requirement of a fraction, any such fraction equal to or greater than exactly fifty percent (50%) shall require the full requirement, unless otherwise provided for in the ULDR.
2. Density fractional measurements. When calculating density, any fraction of a unit shall be rounded down to the nearest whole number.
G. Grade.
1. When used to measure habitable structures, grade shall be the greater of:
a. The natural elevation of the ground when compared to abutting properties. Natural elevation of the ground when compared to abutting properties, shall be derived by selecting a minimum of two (2) elevation points on each adjoining property line and calculating the average of all the selected elevation points. This calculation will determine the reference plane for calculating the height of habitable structures only;
b. The base flood elevation requirement for the lowest floor as shown on the flood insurance rate map published by the Federal Emergency Management Agency (FEMA);
c. Eighteen (18) inches above the FEMA base floor elevation requirement for the bottom of the lowest horizontal structural member (LHSM) of the lowest floor;
d. Eighteen (18) inches above the State of Florida, Department of Environmental Protection or its successor agency, minimum requirement for the bottom of the LHSM of the lowest floor.
e. The Broward County one hundred-year flood elevation map.
For purposes of the definition of grade, the term floor shall be defined as the top of the lowest inside surface of an enclosed area in a building, including the basement. For example, the top of the slab in a concrete slab construction or the top of wood flooring in wood frame construction. The term does not include an unfurnished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area.
2. When used to measure non-habitable accessory structures, grade shall be the finished ground surface at the base of the accessory structure being measured. If a retaining wall elevates the non-habitable accessory structure, grade shall be the finished ground surface at the base of the retaining wall.
H. Gross acre. The unit of land area which comprises an acre, including that portion of land area within public ownership. Public land area shall include public rights-of-way and public waterways. Gross acre is used for the purpose of calculating the maximum density permitted on a parcel when applying flexibility units, as defined in Section 47-28, Flexibility Rules.
I. Height. The height of buildings and structures shall be measured from grade to the uppermost part of the roof or structure. Church spires and steeples, chimneys, parapet walls, machine rooms, elevator towers and the like necessary to the design and function of a building but not designed for human occupancy, shall not be included in the measurement of overall height of a building. The height shall be the roof peak for structures with pitched roofs and the roof slab for structures with flat roofs.
J. Lot coverage. That portion of the lot that is covered by all principal and accessory buildings.
K. Lot depth. The depth of a lot is the distance measured from the mean direction of the side lines of the lot from the midpoint of the street lot line to the midpoint of the opposite main rear line of the lot.
L. Lot width. The horizontal distance between the side lines of a lot measured at the front building setback line, or at the front property line where no front setback is required.
M. Mean high water. The mean high water line is defined as elevation +1.25 feet mean sea level, U.S. Coast and Geodetic Datum, as shown on sketch No. 4-45-5, dated July 29th, 1964, on file in the office of the City Engineer.
N. Net acre. The unit of land area which comprises an acre, less that portion of land area within public ownership. Public land area shall include public rights-of-way and public waterways and other publicly dedicated areas. Net acre is used for the purpose of calculating the maximum density permitted on a parcel by the ULDR and by the LUP.
O. Setback. A setback is the minimum horizontal distance between a structure and a property line of a lot or plot.
P. Setback, average for fences, walls and planters. See Note F, Table 1, Section 47-19.5.B.
Q. Sight triangle. A triangular shaped area of land, as defined in
Section 47-35, Definitions, and measured as follows:
1. Ten (10) feet from the intersection point of the edge of a driveway and curb, or in the event that there is no curb, the edge of the alley or street pavement; or
2. Fifteen (15) feet from the intersection point of the extended property lines at an alley and a street; or
3. Twenty-five (25) feet from the intersection point of the extended property lines at a street and a street.
4. The sight triangle requirements may be reduced from twenty-five (25) feet to no less than fifteen (15) feet, for the purpose of retaining existing, mature landscaping, when the following conditions are present:
a. The property is located on a local street and intersects with another local street;
b. The property is located in a single family zoning district (RS-4.4, RS-8, RD-15, RD's-15, RC-15 and RC's-15) or a Historic Designated District;
c. The request for reduction of sight triangle dimensions is subject to review by the City Engineer on a case-by-case basis, shall comply with engineering standards and shall take into consideration neighborhood characteristics such as the location of schools, parks and other community facilities, pedestrian facilities such as adequate sidewalks, street characteristics such as pavement width, width of border (right-of-way line to curb), the curvature of the street, speed limits, and other similar elements.
Sight triangles located at the intersection of a local street or driveway with a right-of-way under County, State or Federal jurisdictions, may be subject to the sight visibility requirements of those jurisdictions.
R. Transparency, as related to fences, walls and hedges: See Note B, Table 1, Section 47-19.5.B
S. Yard. Yards shall extend and be measured perpendicular and inward from the respective property lines. When a yard is required along a property line that abuts a waterway, it shall be measured from the face of the seawall in contact with the waterway (wetface), or from the edge of the waterway where no seawall exists.
(Ord. No. C-97-19, § 1(47-2.B), 6-18-97; Ord. No. C-98-19, § 1, 4-7-98; Ord. No. C-00-15, § 1, 2-15-00; Ord. No. C-01-15, § 1, 5-1-01; Ord. No. C-03-19, § 1, 4-22-03; Ord. No. C-04-2, § 1, 1-12-04; Ord. No. C-04-3, § 1, 2-3-04)
SECTION 47-35. DEFINITIONS
Sec. 47-35.1. Definitions.
For the purpose of the ULDR certain terms and words are herein defined. Words used in the present tense include the future; the words "used for" include the meaning "designed for"; the word "structure" includes the word "building"; the word "lot" includes the words "plot" and "tract." The words "area" and "district" may indicate and include the meaning "zone"; the word "unit" shall mean "dwelling unit." Words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word "street" includes avenue, boulevard, parkway, court, highway, lane, road, terrace, causeway, way and expressway. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, stream and canal, but does not include a lake, pond or pool without outlet. The word "may" is permissive; the words "shall" and "will" are mandatory and not merely directory. Other definitions appear in specific sections of the ULDR and are applicable only to those sections.
AASHTO: American Association of State Highway and Transportation Officials, an organization which prepares recommendations for highway and street engineering policies and standards.
Abut: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
Accessory building: An "accessory building" is a subordinate building which is located on the same development site as the principal building, the use of which building is clearly incidental to the use of the principal building.
Accessory uses: Uses customarily incidental and subordinate to the principal uses as permitted and located on the same development site as the principal use.
Alley: Any roadway, place or public way dedicated for use by the public and twenty (20) feet or less in width.
Apartment: Apartment is a building occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for doing their own cooking on the premises, or by more than two (2) families, individuals or groups of individuals. Apartments shall not include townhouses, cluster dwellings, coach homes or duplex units.
Automotive repair: An establishment which provides automobile repair service. See Sec. 47-18.4.
Automotive sales: An establishment which provides for the sale of cars, vans, jeeps, pick-up trucks, not including those vehicles listed in truck sales.
Automotive service station: An establishment where fuels, oils or greases are supplied and dispensed to motor vehicles.
Automotive wrecking or salvage yard: An area used for the dismantling or wrecking of used vehicles and the storage and sale of used automotive parts.
Awning: A roof-like cover designed and intended for protection from weather or as a decorative embellishment that projects from a wall of a building over a walk, window, door or the like. Awnings shall be entirely supported from a building and constructed and erected in a manner that will readily permit removal, or may be easily rolled or folded back to a position flat against the building.
Bar: An establishment devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages.
Bed and breakfast dwelling: A bed and breakfast dwelling is a lodging facility which provides overnight accommodations and morning meals to overnight guests for compensation.
Broward County (or county ): A political subdivision of the State of Florida.
Bufferyard: An area or areas located on nonresidential or residential property which extend the full length of the property lines abutting residential property which meet the requirements for a bufferyard as provided in Sec. 47-25.3, Neighborhood Compatibility Requirements.
Building: A roofed and walled structure that is completely enclosed, except as otherwise provided in the ULDR, the use of which demands a permanent location on the land.
Business property: Any property designated for commercial use on the adopted city future land use plan map or zoned CB, B-1, B-2 or B-3.
Business zoning district: Property zoned CB, B-1, B-2 or B-3.
Canopy: A permanently roofed shelter projecting over a walk, driveway, entry or similar area, which may be wholly supported by a building or wholly or partially supported by columns, poles or braces extending from the ground. Such a structure must be open on three sides, and if ground-supported, supports must be confined in number and cross-section area to the minimum necessary for actual support of the canopy.
Car wash, automatic: An establishment where the exterior of motor vehicles is washed within a completely enclosed building with entrances and exits of appropriate size to accommodate motor vehicles. The movement of motor vehicles within such establishment shall be along a conveyor belt, moving track or the like, with washing solely by mechanical means. The cleaning of the interior of motor vehicles, waxing of the exterior detail work of motor vehicles, drying and exterior detail work of motor vehicles if any, may be permitted.
Carport: A roofed structure providing space for the parking of vehicles and enclosed on not more than three (3) sides.
Central beach area zoning districts: Properties zoned: Sunrise Lane Area (SLA), North Beach Residential Area (NBRA), A-1-A Beachfront Area (ABA), Planned Resort Development Area (PRD), Intracoastal Overlook Area (IOA), South Beach Hotel and Marina District (SBHMA).
City: The City of Fort Lauderdale.
City commission: The city commission of the City of Fort Lauderdale.
Code: The Code of Ordinances of the City of Fort Lauderdale, Florida which includes Volumes I and II.
Compact deferral area: The geographic area which is a two (2) mile band having a centerline which is coincident with the centerline of the congested link, extending parallel to the congested link for a distance of one-half ( 1/2) mile beyond each end point of the congested link as shown on those maps produced by the county.
Comprehensive plan or plan: The plan adopted by the city in accordance with the requirements of F.S. ch. 163.
Concurrency evaluation: An evaluation whether facilities and services needed to support approved development are available concurrent with the impacts of such development.
Contiguous: Contiguous shall be abutting or separated by no more than a twenty (20) foot wide right-of-way.
Convenience kiosk: A retail establishment with a maximum of one thousand (1,000) square feet of gross floor area that may have drive-through facilities and offers for sale prepackaged food or beverages for off-site consumption and may offer for sale automotive fuel, but offers no automotive repair. Other prepackaged goods, newspapers, magazines, household items and automotive cleaning supplies, oils, waxes, windshield fluid and wiper blades may also be sold. A convenience kiosk which offers automotive fuel for sale shall also be considered an automotive service station and shall be required to meet the requirements for that use.
Convenience store: A retail establishment with a maximum of five thousand (5,000) square feet of gross floor area that offers for sale prepackaged food or beverages for off-site consumption and may offer for sale automotive fuel, but offers no automotive repair. Other prepackaged goods, household items, automotive fluids and wiper blades, automotive cleaning supplies, oils, waxes and windshield fluids, newspapers, magazines may also be sold. A convenience store dispensing automotive fuels shall also be considered an automotive service station and shall be required to meet the requirements for that use. A retail establishment as described herein that is greater than five thousand (5,000) square feet of gross floor area and does not sell automotive fuel shall be considered a grocery store.
Convenience store, multi-purpose: A retail establishment with a maximum of six thousand (6,000) square feet of gross floor area that may have drive-through facilities, where food or beverages are prepared and served for pay for on or off-site consumption; and where automotive fuel is sold, but offers no automotive repair. Other prepackaged goods, household items, automotive fluids and wiper blades, automotive cleaning supplies, oils, waxes and windshield fluids, newspapers, magazines may also be sold. A multi-purpose convenience store dispensing automotive fuels shall also be considered an automotive service station and shall meet the requirements for that use.
Corner lot: A lot located at the intersection of two (2) or more streets, with a boundary line bordering on at least two (2) of the streets.
Cul-de-sac: A minor street intersecting another street at one (1) end and terminated at the other end by a vehicular turnaround.
Department: The planning and economic development department or such department which has the responsibility for the administration of the planning and zoning requirements of the city as designated by the city manager.
Developer: Any person, or his agent, who undertakes development regulated by the ULDR.
Development: The use of any structure, land or water, the change, expansion or addition to any use, land or water, the carrying out of any building activity, or the making of any change in the appearance of any structure, land or water, or the subdividing of land into two (2) or more parcels; provided, however, that building activity that is carried out exclusively within a previously constructed structure which does not affect the intensity of use or affects only the exterior color of the structure shall not be considered development.
Development permit: Any use approval, plat approval, site plan approval, development review committee order, zoning permit or rezoning, special exception, variance, certificate of appropriateness, historic designation or other official action having the effect of permitting the development as defined in the ULDR.
Development site: A lot or parcel of land or combination of lots or parcels of land proposed for development. If a development site has more than one (1) parcel or lot with different owners, all property owners will be required to sign the application for development permit, and shall be required to execute and record in the public records a declaration on a form provided by the department, stating that the parcels have been developed as a single unit for purposes of meeting the ULDR. The declaration shall include a legal description of each parcel and shall state that no parcel may be developed separate from the other parcel unless each parcel standing alone meets the requirements of the ULDR.
Director: The director of the department or his or her designee.
Docking facility: A group of commercial boat docks with no support structures (excluding a ticket booth), wherein fishing boats, excursion boats, charter boats, boat rentals, boat dealers, yacht brokers, and other similar commercial boating operations, utilize water frontage and are supplied with common parking.
Drive-thru facility: An establishment which allows customers to receive products or services while remaining in their motor vehicle.
Driveway: An area on a site for ingress and egress of vehicles to and from a site.
Dry cleaning: A process of removing dirt, grease, paint and other stains from wearing apparel, textiles, fabrics, rugs, and similar materials by one (1) or more of the following methods:
1. Immersion and agitation in a liquid solvent in open vessels.
2. Immersion and agitation in a liquid solvent in closed machines.
3. Spotting of local applications of liquid solvents and other cleansing preparations to spots of dirt, grease, paints and stains not removed by immersion and agitation processes.
Duplex or two family dwelling: A building containing two single family dwelling units, totally separated from each other by one (1) dividing partition common to each unit, and contained entirely under one (1) roof and designed for or occupied by two (2) single family housekeeping units. A two family dwelling is a building on a single lot. A duplex is a building where one unit is on one lot and the other attached unit is on an abutting lot.
Dwelling: A structure or portion thereof that is used exclusively for human habitation.
Dwelling unit: A space, area or portion of a building designed for and to be occupied by one family as a dwelling, with cooking facilities for the exclusive use of such family.
Easement: A right of use acquired to use or control property of another for a designated purpose.
Employment agency: An establishment which seeks to place people in specific job positions, locate people to fill specific job positions, or both, for either permanent or temporary employment to businesses that are listed with the agency by its clients.
Engineering standards: Standards related to the design and construction of streets open to travel by the public and associated sidewalks, culverts, drains, traffic control devices and other structures associated with the movement of traffic. Engineering standards shall be administered by the city engineer.
Excavation: To make a hole, unearth, scrape, or dig out for the purpose of construction, demolition, or removal with specific relation to a tree drip line and root system.
Existing urban service area: A built-up area where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas are already in place.
Ex parte communication: Any written or oral communication from any person to a public official or an investigation or inspection by a public official of a site which is the subject of a matter to be considered in a quasi-judicial hearing by such public official.
Family: One (1) or more persons living together in a single housekeeping unit, supplied with a kitchen or facilities for doing their cooking on the premises.
Fence: A fabricated vertical physical barrier extending above grade and anchored below it, but not constructed as a wall.
Film processing facility: Self-contained processing units ("mini-labs") capable of processing film and predeveloped negatives into finished prints in one (1) hour or less for retail customers bringing film to the premises.
Floor area, gross: See Section 47-2, Measurements.
Floor area, net: See Section 47-2, Measurements.
Floor area ratio: See Section 47-2, Measurements.
Garage, private residential: A portion of a residential dwelling that is one (1) level, and which is used or intended to be used for the parking and storage of vehicles.
Grade: See Section 47-2, Measurements. .
Grocery store: Any retail establishment offering for sale prepackaged food products, including fresh raw meat and fish, produce, household items, and other goods commonly associated with the same, that is not a convenience kiosk or store as defined herein.
Ground cover: A planting of low growing plants that covers the ground in place of turf. Within the dripline of a tree, two (2) inches of mulch may be used instead of plants.
Half or partial street: A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than that required for full development of the type of street involved.
Health recreation facility: An indoor facility including uses such as game courts, exercise equipment, locker rooms and pro shop.
Hedge: A close planting of shrubs which forms a compact, dense, visually opaque, living barrier when mature.
Height: See Section 47-2, Measurements.
Heliport: Any land area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service storage, tie-down areas, hangars, and other necessary buildings and open spaces.
Helistop: Any landing area for the purpose of taking off or landing of private helicopters for the purpose of picking up and discharging passengers or cargo. This facility is not open to use by any helicopter without prior permission having been obtained from the city.
Historic building: A building designated as historic by resolution of the city commission in accordance with Sec. 47-24.11, Historic Designation of Landmarks.
Home furnishings store: A retail establishment which merchandises a specified category of home furnishings, such as kitchenware and housewares, or a combination of home accessories, such as draperies, linens, glassware, bric-a-brac, etc.
Hotel: A facility licensed by the State of Florida offering transient lodging accommodations for the general public for a fee and which contains ten (10) or more sleeping rooms and which may include restaurants, meeting rooms, entertainment and recreational facilities as regulated by the ULDR. Sleeping rooms must be a minimum floor area of one hundred twenty (120) square feet exclusive of bathrooms, toilets, closets or similar appurtenances. When a hotel is listed as a permitted use, a hotel suite or motel may also be permitted, as defined herein. A facility with less than ten (10) sleeping rooms is considered a bed and breakfast dwelling and shall meet the requirements of Sec. 47-18.6. A time share facility shall be considered a hotel.
Hotel marina: A hotel with a marina, as further defined herein.
Hotel room: A room for the use of transient or permanent guests or tenants, having a separate entrance so it can be rented separately from, and independent of, any apartment or other room on the same premises.
Hotel suite: An area within an establishment licensed as a hotel or motel by the State of Florida, which area provides a sleeping accommodation and kitchen or cooking facilities for the use of one (1) or more transient guests registered under one (1) entry with the establishment. A hotel suite shall: consist of a minimum net floor area of four hundred fifty (450) square feet (exclusive of bathroom, closet and balcony areas); have maid service provided by the establishment; be fully furnished (furniture, linens, dishware and cookware); and be served by a central switchboard telephone system. When hotel suites are listed as a permitted use, the licensed establishment must provide and operate a minimum of eighty-five (85) such suites or any combination of hotel suites, hotel rooms, or motel rooms providing a net area (exclusive of bathrooms, closets, balcony areas, or common areas) of not less than thirty-eight thousand two hundred fifty (38,250) square feet.
Improvements, public: Any of the following, constructed on public right-of-way, which may include, but not be limited to: street pavement, curbs, gutters, sidewalks, alley pavement, water mains, sanitary sewers, storm drains, street name signs, street trees.
Inflammable liquid: A liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.
Interior parking: Parking spaces not contiguous to, nor directly abutting a perimeter.
Labor pool: An establishment which provides employment for persons required to personally appear at the site on the day of employment in order to obtain such employment.
Land use plan (LUP): The city future land use element which is a part of the comprehensive plan.
Landscape area: An area where landscaping has been or shall be installed.
Landscaping: Living plant material purposely installed for functional or aesthetic reasons at ground level and open to the sky.
Light manufacturing: The manufacture and processing and assembly of articles and products from other finished products.
Lot: A parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings, including the open spaces required under the ULDR, and which lot is a matter of record in the county.
Lot, corner: A lot abutting on two (2) or more streets or waterways at their intersection.
Lot, depth: See Section 47-2, Measurements.
Lot, interior: A lot other than a corner lot.
Lot lines: The lines bounding a lot as defined herein.
Lot, reverse frontage: A lot extending between and having frontage on a major traffic street and a minor street and with no vehicular access from the major traffic street.
Lot, through: An interior lot having frontage on two (2) streets.
Lot width: See Section 47-2, Measurements.
Marina: A waterfront facility providing for any one (1) or more of the following uses for marine craft: uncovered dockage, covered dockage, wet storage, dry storage, service and repair, sales and charter; sales of marine supplies, parts and fuel. A marina may also include the following accessory uses: liveaboard facilities, restaurant, gift shop, offices, vending machines, water transportation dockage and commercial fishing.
Medical office: Offices used by a physician or dentist.
Mixed occupancy: The occupancy of a building or land for more than one (1) use.
Mobile home (trailer): A vehicle or conveyance that is not self-propelled, permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence or living quarters.
Motel: A building or group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests with no common entrance or lobby. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct private openings to a street, drive, court, patio, etc.
Multifamily dwelling: A building occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for cooking on the premises. This term shall not include hotels, motels or bed and breakfast dwellings, townhouse or cluster dwellings.
Multifamily use: Apartments, condominiums and coach home.
Multifamily zoned property: Any property which is zoned RM-15, RML-25, RMM-25, RMH-25 or RMH-60.
Net acre: See Section 47-2, Measurements.
Net lot area: The total square footage of a parcel of land after subtracting the square footage area of any vehicular use area, building footprint, walls, walks and swimming pool.
Nightclub: Pertains to and includes restaurants, dining rooms or other similar establishments where floor shows or other forms of lawful entertainment are provided for guests.
Nonconforming use: A building or land occupied by a use that does not conform with the regulations of the zoning district in which it is situated.
Nonresidential property: All property which is not residential property, as defined herein.
Nonresidential use: Any use which is not a residential use, as defined herein.
Off-site: Located outside of the development site of the principal use or structure or on a development site that is different from the site which is the subject of an application for development.
On-site: Located on a development site that is the subject of an application for development.
Open space: Space which is unoccupied by any vehicular use area or by any structure, except structures such as fountains, open gazebos, trellises and similar open accessory structures which enhance the use of the open space.
Outdoor dining: "Outdoor dining" is in an area not within an enclosed building which is accessory to a licensed and operating restaurant where food and beverage are served and consumed for pay. Outdoor dining shall not include the preparation of food or beverages, cooking, storage or placement of equipment of any kind, except the temporary placement of implements associated with the service of food.
Outdoor display: The location of finished products or merchandise in and unroofed area which is available for sale or lease.
Outdoor storage: The location in an outdoor unroofed area of any goods, material, merchandise or vehicles. Outdoor storage shall not be deemed to include a junkyard as designated in these ULDR.
Owner/builder: Owner of the subject property to whom a building permit has been issued under Chapter 9 of Volume I of the Code.
Package liquor store: An establishment where alcoholic beverages are dispensed or sold in containers for consumption off the premises.
Parcel: Any abutting lots or parcels of land, water or both, capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
Parking area: Any area under, over, within or outside of a building or structure designed and used for parking vehicles including parking lots, garages and driveways.
Parking facilities: A parking lot or garage or other area or structure for the parking of vehicles including drive aisles and loading zones.
Parking garage: A building or structure consisting of more than one (1) level and used to park vehicles.
Parking lot: An off-street, ground-level open area for the parking of vehicles.
Parking space: A space for the parking of a vehicle.
Peninsular or island landscape area: A pervious area set aside for landscaping, located at the end of a parking row where it abuts an aisle or driveway, and also intermittently located within parking rows.
Perimeter: The boundary line separating one (1) parcel of land from another or a parcel of land from a right-of-way. If the property is on a waterway, the perimeter shall be the bulkhead line.
Perimeter landscape area: The landscape area directly abutting the perimeter of a vehicle use area and within twenty-eight (28) feet of the property line.
Perimeter parking: Parking spaces contiguous to or directly abutting a perimeter landscape area.
Person: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest or any other legal entity.
Pervious area: That noncompacted land located at ground level, open to the sky allowing passage of air and water to the subsurface and used or set aside for landscaping.
Place of business: A "place of business" is any building, structure, yard, lot, premises or part thereof, or any other place in which one (1) or more persons are engaged in gainful occupation.
Plan or comprehensive plan: The plan adopted by the city in accordance with requirements of F.S. ch. 163.
Planter: A three-dimensional structure either elevated or partially recessed into the ground which is created by retaining walls or other perimeter materials that define the shape.
Plot: A parcel of ground containing more than one (1) lot upon which a building and its accessory buildings have been or may be erected.
Processing: A system of operations undertaken in the manufacturing and production of consumer or business products.
Professional office: Office space designed to provide suitable space for use by those having great skill and experience in a particular field or activity, such as but not limited to architects, engineers, real estate agents, accountants, attorneys, and the like.
Porch: A roofed space attached to the outside of any outer wall of a building, one (1) or two (2) stories in height, open on one (1) or more sides, which may have railings, screen or glass enclosure. An open or unenclosed porch is one without railing, glass, canvas, screen or similar materials on the open sides.
Principal building: A building that is occupied by, devoted to, a principal use on the development site and shall include any addition or alteration to an existing principal building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.
Principal structure: A structure, the use of which is the primary use of the land. A principal structure may consist of a building or an unmanned or uninhabited structure such as a communication tower, utility substation, parking facility or other similar construction. There may be more than one (1) principal structure on a parcel.
Private parking facility: Parking which is owned or operated by a private entity, available for use by the public with or without a fee and not designated for the exclusive use of any person.
Property line: When used in the ULDR, unless otherwise provided herein, a property line shall mean the boundary line of a parcel.
Property owner: Person or persons who have legal ownership of the property to be developed or their authorized representative.
Public official: Any elected or appointed public official of the city who recommends or takes quasi-judicial action.
Public parking facility: Parking which is owned or operated by a public entity, available for use by the public with or without a fee and not designated for the exclusive use of any person.
Residence: A "residence" is a building occupied or intended to be occupied by one (1) or more families living separately.
Residential property: Property which is zoned RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP and which is used for a residential use or which is vacant.
Residential use: Single family, duplex and multiple family dwellings and level I and level II SSRF's, not including hotels or motels.
Residential zoning districts: Includes the following zoning districts: RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP.
Residentially zoned property: Any property zoned RS-4.4, RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25, RMH-60 or MHP.
Restaurant: A building or room where food is prepared and served for pay and for consumption on the premises, and where alcoholic beverages may be served in conjunction with the sale of food.
Retaining wall: A wall designed to prevent the lateral displacement of soil or other material.
Reviewing authority or body: The planning and economic development department, development review committee, planning and zoning board, historic preservation board, board of adjustment, city commission or such other authorities authorized by law to review a development as provided in the ULDR.
Right-of-way: Land conveyed or dedicated by plat, deed, easement or other conveyance which is devoted to, required for or intended for the use by the public as a means of public traverse and other public purposes.
School: Any building or group of buildings with classrooms the use of which meet state requirements for elementary, middle or higher education, or a preschool which has a regularly scheduled curriculum for its attendees. A school may also include as accessory uses, but not be limited to gymnasiums, auditorium stage, kitchen facilities, recreation facilities, offices and meeting rooms for school officials, child day care facilities and the like.
Secondary use: A second principal use which supports a principal use and which is only permitted in connection with the principal use.
Self storage facility: A structure containing separate storage spaces which may be of varying sizes and are available for lease or rental by individuals with no individual storage unit within a facility having a floor area exceeding four hundred (400) square feet. A storage facility with individual storage units which exceeds four hundred (400) square feet shall be considered a warehouse.
Setback: See Section 47-2, Measurements.
Shipyard: A waterfront facility providing for the manufacturing of watercraft and which may also include marina uses, as defined herein.
Shopping center: A group of commercial establishments, planned, developed, owned and managed as a unit, with common off-street parking meeting the total requirements of Section 47-20, Parking and Loading Requirements, on the property, related in its location, size and type of shops to the trade area it serves, and using a common name.
Sight distance: The length of unobstructed roadway (in a horizontal plane) along a street located at any given point on the street.
Sight triangle: A triangular shaped portion of land established for unobstructed visibility of motorists entering or leaving a street or driveway intersection in which nothing, whether stationary or moveable (i.e., vehicles, vehicular maneuvering area, signs, landscaping or objects of any kind) is permitted to be located between a height of two and one-half (2 1/2) and eight (8) feet above the elevation of the adjoining edge of pavement. An exception to the prohibition is a tree with clear trunk between two and one-half (2 1/2) and eight (8) feet. Sight triangles shall be provided at the following locations:
1. The intersection of an alley or street and a driveway, or
2. The intersection of an alley and a street, or
3. The intersection of a street and a street. for more see Measurements Sec 47-2.2
Sign: Any display of characters, ornamentation, letters, or other display such as, but not limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as an advertisement, announcement, or to indicate directions, including the structure or frame used in their display.
Single family dwelling: A dwelling unit designed for or occupied by one (1) family and includes standard, detached and attached dwellings.
Single family dwelling, attached: A one (1) family dwelling attached to another one family dwelling by a common vertical wall, and where each unit is located on a separate plot. Single family dwellings that are attached include duplex, cluster and townhouse dwellings.
Single family dwelling, detached: A building containing one dwelling unit. Single family dwellings that are detached include standard single family dwellings and zero-lot-line dwellings.
Single family dwelling, standard: A building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
Single family zoned property: A property which is zoned RS-4.4, RS-8, RD-15 or RC-15.
Sleeping rooms: A room in a hotel, motel, or bed and breakfast dwelling used for sleeping accommodations. For the purpose of density, sleeping rooms shall be counted as half a dwelling unit.
State: The State of Florida or such agency authorized by the state.
Street: The term street includes any road, highway and other ways greater than twenty (20) feet in width which are open to travel by the public including the roadbed, right-of-way, sidewalk and other land devoted, required or intended for general circulation which affords a primary means of access to abutting property.
Street, collector: A street, which in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets of a residential development and streets for circulation within such a development.
Street, expressway: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Sec. 47-24.5, Subdivision Regulations.
Street, major thoroughfare: A street designated as such in the trafficways plan section of the comprehensive plan of the city. See Sec. 47-24.5, Subdivision Regulations.
Street, marginal access: A minor street parallel and adjacent to a primary arterial, major thoroughfare, secondary thoroughfare or expressway for service to abutting property and adjacent areas, and to control access to the major streets.
Street, minor: A street used primarily for access to abutting properties and carrying minor volumes of traffic.
Street, primary arterial: A street designated as such in the trafficways plan section of the comprehensive plan of the city. . See Sec. 47-24.5, Subdivision Regulations.
Street, secondary thoroughfare: A street designated as such in the trafficways plan section of the comprehensive plan of the city. . See Sec. 47-24.5, Subdivision Regulations.
Street tree: A tree which is located within twelve (12) feet of the edge of pavement or curb of a street or such other distance as determined by the department in accordance with the ULDR.
Structural alterations: Structural alterations are any changes in the supporting members of a building, such as bearing walls, columns, beams or girders.
Structure: Anything built or constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land, or any composition, artificially built up or composed of parts joined together in some definite manner or any rooflike structure or storage apparatus whether movable or nonmovable which may or may not be self-supporting or may or may not be affixed to a "structure," as defined herein, or to a building.
Subdivision: . See Sec. 47-24.5, Subdivision Regulations.
Take-out restaurant: Restaurants with on-site cooking facilities that have no seating for customers or patrons.
Trafficway: A right-of-way designated as a trafficway on the Broward County Trafficways Plan.
Tree: A woody perennial plant, possibly shrubby when young, with one (1) main stem or trunk which naturally develops diameter and height characteristics of a particular species.
Truck sales: An establishment which provides for the sale of trailers, hauling trucks, dump trucks, concrete trucks and equipment and other similar heavy duty trucks.
Vehicular use area (also referred to as VUA): Any area used by vehicles including, but not limited to, areas for parking, display, storage or traverse of any and all types of motor vehicles, bicycles, watercraft, trailers, airplanes or construction equipment.
Walkways: A right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.
Warehouse: A structure for the storage, distribution or transfer of goods and materials which is not a self storage facility.
Waterway: Any navigable waterway which provides access for a watercraft to the Intracoastal Waterway and including the Intracoastal Waterway.
Yard: A yard is a ground level open area on a development site on which is located or proposed to be located a structure, and which area is unoccupied and unobstructed by any structure from the ground upward except as otherwise provided in the ULDR. Yards shall be provided as required in the ULDR . When more than one (1) structure is on a parcel, the yard shall only be required between the outer perimeter of the buildings on the parcel which are closest to the property lines.
Yard, corner: A side yard abutting upon a street or waterway.
Yard, front: A yard extending across the full width of the development site perpendicular to the front property line between the side property lines.
Yard, rear: A yard extending across the full width of the development site perpendicular to the rear property line between side property lines.
Yard, side: A yard extending perpendicular to the side property lines between the front yard and rear yards.
(Ord. No. C-97-19, § 1(47-35), 6-18-97; Ord. No. C-98-71, § 2, 12-15-98; Ord. No. C-99-15, § 12, 3-16-99; Ord. No. C-00-37, § 2, 9-6-00; Ord. No. C-02-14, § 2, 6-18-02; Ord. No. C-03-19, § 12, 4-22-03; Ord. No. C-04-2, § 5, 1-21-04; Ord. No. C-04-3, § 9, 2-3-04)
SECTION 47-3. NONCONFORMING USES, STRUCTURES AND LOTS
Sec. 47-3.1. Nonconforming use.
A. Generally. As used in this section a nonconforming use is any use which is in compliance with the zoning regulations applicable to that use at the time the use was established and for which all required permits were issued, which use would be prohibited, restricted or would otherwise not conform to the ULDR.
B. Continuation of a nonconforming use. A nonconforming use may continue subject to the following:
1. A nonconforming use shall not be enlarged or extended nor shall the building it occupies be enlarged, extended or rebuilt such that the use would occupy a greater area of land than was occupied by the use on the effective date (June 28, 1997) or amendment of the ULDR which causes the use to become nonconforming, nor altered in any way so as to extend or enlarge the scope or area of its operation.
2. Once a nonconforming use is changed to a permitted use, or terminated as provided in Sec. 47-3.8 in all or portion of a building or property, the nonconforming use which was permitted or terminated, as the case may be, shall not be resumed.
(Ord. No. C-97-19, § 1(47-3.1), 6-18-97)
Sec. 47-3.2. Nonconforming structure.
A. Generally. A nonconforming structure is any structure which is in compliance with the zoning regulations applicable at the time the structure was established and for which all required permits were issued, which structure would be prohibited, restricted, or would otherwise not conform to the ULDR. Nonconforming structures shall include those structures which do not comply with the yard, lot coverage, height or any other structural restrictions of the ULDR with the exception of regulations relating to parking facilities or vehicular use areas.
B. Continuation of a nonconforming structure. A nonconforming structure may continue in existence subject to the following:
1. A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but a nonconforming structure may be altered to decrease its nonconformity.
2. An addition may be made to a nonconforming structure provided that the addition meets all current ULDR requirements except an addition described in Sec. 47-3.2.B.3.
3. In R-zoned districts where the minimum side yard requirement for an existing building is less than specified for the district, but not less than five (5) feet, and where the building is designed and the foundation is built for additional floors, additional floors may be added with the same yard provided that the total height does not exceed the height permitted in the zoning district and all other provisions of the ULDR are met.
(Ord. No. C-97-19, § 1(47-3.2), 6-18-97)
Sec. 47-3.3. Nonconforming lot.
A. Generally. A nonconforming lot is a lot of record as shown on the latest recorded plat of property or described by deed recorded in the public records of the county which met the width, area and length requirements in effect when the lot first became of record, which lot would be prohibited or further restricted under the ULDR or would otherwise not conform to the ULDR.
B. Continuation of a nonconforming lot. A nonconforming lot may continue in existence subject to the following:
1. A nonconforming lot may not be further subdivided or consolidated in whole or in part with another parcel, in a manner which increases the nonconformity. The nonconforming lot may be subdivided or consolidated if such subdivision does not increase the nonconformity, subject to the subdivision regulations in Sec. 47-24.5.
2. A nonconforming lot in any residentially zoned district may be used for a standard single family or duplex structure or building only where a permitted use by the ULDR. Minimum five (5) foot side yards shall be required and front and rear yards shall meet the yard requirements in the zoning district where the parcel is located.
3. If two (2) or more lots with continuous frontage are in a single ownership and if any of the lots are nonconforming, the nonconforming lot and the parcel or lot abutting the nonconforming lot shall be deemed by operation of law to be merged and considered to be an undivided plot. No development permit shall thereafter be issued for a use of the nonconforming lot which has been merged with another parcel which recognizes a reduction of the merged parcel below the requirement for a lot which meets the ULDR requirements of the zoning district where the lot is located.
(Ord. No. C-97-19, § 1(47-3.3), 6-18-97)
Sec. 47-3.4. Nonconforming parking, landscaping and bufferyard.
Regulations for nonconforming parking are provided in Section 47-20, Parking and Loading Requirements; for nonconforming landscaping see Section 47-21, Landscape and Tree Preservation Requirements; and for nonconforming bufferyards, see Section 47-25, Development Review Criteria.
(Ord. No. C-97-19, § 1(47-3.3.A), 6-18-97)
Sec. 47-3.5. Change in use.
A. A nonconforming use or a permitted use in a nonconforming structure may be changed to the same or similar use without requiring the structure, use or both to meet the regulations which caused it to become nonconforming, subject to the provisions herein. The proposed use shall be the same or similar as the existing use if the following conditions are met:
1. The proposed use has the same or less stringent parking requirements as the existing use as provided in the Table of Parking Requirements in Section 47-20, Parking and Loading Requirements; and
2. The proposed use has the same operational activity as the existing use or the proposed operational activity has a lesser impact than the existing operation. As an example, the following is a list of uses with the same operational activity:
a. Retail sales to retail sales;
b. Wholesale sales to wholesale sales;
c. Service without outdoor use to service without an outdoor use;
d. Service without delivery to service without delivery;
e. Storage to storage; and
an example of an operational activity with a lesser impact is any change from sales, service or storage to an office use.
3. A change in use shall be reviewed in accordance with the procedures for site plan level I review as provided in Section 47-24.2 and in accordance with the requirements for the proposed use and location as provided in the ULDR.
4. If the proposed use meets the conditions provided in this subsection A, the existing use may be changed to the proposed use while maintaining its nonconforming status.
B. If the proposed use does not meet all of the provisions of subsection A, the change in use may be permitted if:
1. The proposed use has the same or less stringent parking requirements as the existing use as provided in the Table of Parking Requirements in Section 47-20, Parking and Loading Requirements; or
2. A parking reduction is granted which results in the use having the same or less parking requirements as the existing use as provided in the Table of Parking Requirements, Section 47-20, Parking and Loading Requirements; and
3. The proposed use is permitted within the zoning district where the property is located and conditions imposed on the site or use results in the operational activity having the same or lesser impact on surrounding areas as the existing use determined in accordance with the following:
a. If the change of use is within an existing structure, which if proposed as new development would not meet the threshold requiring a site plan level II or higher permit, a determination whether a proposed use has the same or lesser impact shall be made as part of the issuance of a certificate of compliance (Section 47-24.1).
b. If the change of use is within an existing structure, which if proposed as new development would meet the threshold requiring a site plan level II or higher permit, a determination whether the new use has the same or lesser impact shall require a site plan level II or higher permit in accordance with Section 47-24.2, Site Plan Development Permits, and the criteria provided in Section 47-25.3, Neighborhood Compatibility Requirements, shall apply.
c. Conditions may be imposed which relate to improvements located outside of the principal structure. Such conditions may include, but shall not be limited to, parking, landscaping, signs, ingress and egress, non-structural alterations to the exterior of the principal structure, but shall not include alterations to load bearing walls, columns or girders. The conditions may include restrictions on operation of the use. In any instance, such conditions may be imposed which do not exceed the ULDR for any change in use which does not meet the provisions of subsection A. Such conditions may exceed the ULDR requirements if necessary to mitigate adverse impacts.
d. If a determination is made that any adverse impacts of the proposed use will be mitigated after such conditions are imposed without moving or altering load bearing walls, columns or girders, then the change in use will be permitted. If a determination is made that the adverse impacts cannot be mitigated, the change in use will not be permitted without requiring the use, structure or both to meet the requirements of the ULDR.
e. Commission request for review. The approval of a change in use pursuant to this subsection B., by the development review committee (DRC) shall not take effect nor shall a building permit be issued any sooner than thirty (30) days from the date of approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals. The approval of a change of use by the department as part of a certificate or compliance shall not take effectnor shall a building permit be issued within seven (7) days of the approval, and then only if no statement of intent has been filed by a city commissioner requesting a review of the application pursuant to the criteria provided in Section 47-26A.2.A. If a statement of intent is filed within the seven (7) day period, a motion to approve or deny the application, or approve with conditions, shall be scheduled on the next available city commission agenda. Only agenda and posted notice will be required. The approval shall take effect on the eighth (8th) day following the approval by the department if no statement of intent is filed within the seven (7) day period.
f. Appeal. An applicant may appeal a denial of a change in use after site plan level II review to the planning and zoning board in accordance with Section 47-26B, Appeals.
C. If the proposed change in use is not approved pursuant to subsection A or B, the change in use is not permitted unless both the proposed use and structure meet all of the requirements of the ULDR. Notwithstanding this provision, a change in use may be permitted pursuant to Section 47-23.9, Interdistrict corridor requirements.
(Ord. No. C-97-19, § 1(47-3.4), 6-18-97; Ord. No. C-00-25, § 1, 5-16-00; Ord. No. C-02-32, § 3, 10-15-02)
Sec. 47-3.6. Change in structure.
A. Generally. Changes to a nonconforming structure or to a structure which contains a nonconforming use shall be made subject to the following:
1. Alterations. Alterations in the supporting members of a building or structure such as load bearing wall, columns, beam or girders shall not be permitted unless required to be made to assure the safety of the building as determined by the city building official. All other alterations, which may include but are not limited to, movement or replacement of non-load-bearing walls or addition of ornamental features, shall be permitted if constructed in accordance with the ULDR.
B. Damage, destruction or removal of structure.
1. When a building or structure which contains a nonconforming use or when a nonconforming structure is damaged or destroyed by fire, explosion, other casualty or public enemy or act of God by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, the building or structure may be restored to the condition it was in prior to the damage.
2. When a building or structure is removed or destroyed by other than an act of God or public enemy by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, that portion of the building or structure to be restored must be in compliance with the ULDR.
3. If more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of a structure or more than fifty percent (50%) of its replacement value is damaged, destroyed or removed for any reason the entire building, structure or use thereof shall be required to meet the ULDR.
C. Exception to subsections A and B. A nonconforming structure in an historic district or designated as an historic landmark, may be replaced, altered or an addition made if it meets the following criteria and is approved as part of the issuance of a certificate of appropriateness as provided in Sec. 47-24.11.C:
1. The original exterior elevations and materials of a structure are maintained; or proposed exterior elevations and material types of a structure are restored to be compatible with its historic character, according to the guidelines provided by Sec. 47-24.11:
2. The alteration, replacement or addition will support the continuation of a structure which is determined to be in character with the original historic designation.
D. Repair and maintenance. For any nonconforming structure or portion of a nonconforming structure, or any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts of the structure provided that no changes are made to any supporting members of a building such as load bearing walls columns, beams or girders, unless required to be made to assure the safety of the building as determined by the city building official, and provided that the square footage of floor area and the cubic footage of the nonconforming portion of the structure shall not be increased.
(Ord. No. C-97-19, § 1(47-3.5), 6-18-97; Ord. No. C-99-14, § 1, 3-16-99)
Sec. 47-3.7. Conditional use or use requiring site plan review.
Any existing lawfully permitted use existing on the effective date (June 28, 1997) or amendment of the ULDR which would thereafter require a conditional use permit or site plan review may continue without a conditional use or site plan approval, but any addition or replacement as described in Sec. 47-3.6.B, or if such use is terminated as provided in Sec. 47-3.8, shall require a conditional use permit or site plan review.
(Ord. No. C-97-19, § 1(47-3.6), 6-18-97)
Sec. 47-3.8. Termination of nonconforming status.
A. The legal nonconforming status of a nonconforming building or structure or a nonconforming use shall be terminated and the nonconforming use of the building or structure shall no longer be permitted, except in accordance with the ULDR in effect at the time a use is resumed, upon the occurrence of one of the following:
1. Fifty percent (50%) or more of the replacement value of a nonconforming building or structure is removed, damaged or destroyed or fifty percent (50%) or more of the total area of a building or structure is removed, damaged or destroyed.
2. a. If a nonconforming building or structure or nonconforming use is discontinued for a continuous period of one hundred and eighty (180) days in accordance with this section, there shall be a presumption of discontinuance of use if any one (1) or more of the following occurs for a continuous period of one hundred and eighty (180) days:
i. The goods or services previously provided on the premises are no longer provided;
ii. There is no water or electricity provided to the site and this is not due to natural causes;
iii. A certificate of occupancy has not been issued for the structures located on the site;
iv. Other evidence that the use has been discontinued.
b. If the use has been discontinued for more than one hundred and eighty (180) days based on the criteria provided in this subsection A.2, the legal nonconforming status of the building, structure or use is terminated unless an application for continuation of a nonconforming status is approved as provided herein.
c. A property owner may apply to the department for continuation of legal nonconforming status if the applicant shows that:
i. Circumstances such as death of a property owner; revocation of a license necessary to operate the use or results in the discontinuance of the use and there is no determination by the entity which took action to cause the discontinuance that the owner acted wrongfully; foreclosure litigation; bankruptcy, or loss of a tenant; and
ii. Continuous good faith efforts to resume the use have been shown. If discontinuance in use is due to the loss of a tenant, the owner must show that reasonable action to obtain a new tenant has continued such as listing the property with a real estate agent, receipt of good faith offers on a regular basis by interested persons, existence of a telephone number which is available to persons interested in the property and evidence of continuous active marketing efforts such as advertisements in appropriate mediaand current signage on the property.
d. An application for an extension of nonconforming status shall be filed with the department and shall be reviewed in accordance with the process for site plan level I review in accordance with Sec. 47-24.2, Site Plan Review Development Permit. The application need not include the information in Sec. 47-24.1.F.10. If the department finds that the requirements provided in this section have been met, the application for extension may be granted for a period of time necessary to resume the use as determined by the department based on the information provided by the applicant, but in no case for a period exceeding two (2) years subject to such conditions necessary to ensure that the use is resumed. If the department finds that the criteria have not been met, then the application for continuation shall be denied and the termination of the legal nonconforming status is confirmed.
e. The order granting the application for continuation of legal nonconforming status shall require the applicant to resume a nonconforming use as permitted by this section within the time provided in the order. If a nonconforming use is not resumed within the time provided in the order, the applicant must submit another application for another continuation prior to the expiration of the time limitation. The application shall be reviewed and an approval considered based on the same criteria as applied to the first application. If an application is not filed before the expiration of the time limitation, then the nonconforming status shall terminate. A property owner must continue to file applications and receive extensions of nonconforming status until such time as a nonconforming use of the property is resumed or the nonconforming status shall terminate. Use of the property shall be resumed when the conditions evidencing the discontinuance of the nonconforming operations associated with the use no longer exist.
f. Commission request for review. The order granting an extension of nonconforming status shall not take effect nor shall a building permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals.
g. Appeal. A denial of an application for extension of nonconforming status may be appealed by the property owner to the planning and zoning board in accordance with Section 47-26B, Appeals.
3. There is a change in use which is not approved in accordance with Sec. 47-3.5.
(Ord. No. C-97-19, § 1(47-3.7), 6-18-97)
Sec. 47-3.9. Reuse of a nonconforming structure.
A. A nonconforming structure which has lost its legal nonconforming status may be permitted for a proposed use subject to the following:
1. The nonconformity is due to yard or height only.
2. The proposed use of the nonconforming structure is permitted in accordance with all applicable provisions of the ULDR.
3. The proposed use complies with the development requirements relating to improvements located outside of the principal structure. Such development requirements shall include but are not limited to parking, landscaping, signs, ingress and egress, alterations in the structure which do not effect load bearing walls, columns or girders, and other improvements related to making the existing structure and its use compatible in accordance with the neighborhood compatibility requirements as provided in Sec. 47-25.3.The requirements may also include restrictions on operation of the use. A proposed reuse of a nonconforming structure shall be reviewed in accordance with the procedures for site plan level I review as provided in Sec. 47-24.2. If any adverse impacts due to the nonconformity of the height or yard can be mitigated by such conditions without moving or altering load bearing walls, columns or girders, then the reuse will be permitted. If a determination is made that the adverse impacts due to height or yard cannot be mitigated, the reuse will not be permitted.
4. Effective date of approval. The approval of a reuse of a nonconforming structure application by the department shall not take effect nor shall a building permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals.
5. Appeal. An applicant may appeal a denial of a reuse of a nonconforming structure application to the planning and zoning board in accordance with Section 47-26B, Appeals.
(Ord. No. C-97-19, § 1(47-3.8), 6-18-97)
Sec. 47-3.10. Governmental acquisition or taking.
The lawful use of an existing building, structure, land or a proposed building, structure or use of land which has received city approval through a building permit or other development permit as provided in the ULDR that precedes the issuance of a building permit, may continue although such use or proposed use does not conform to the provisions of the ULDR when the nonconformity is the result of a taking or acquisition of property by a governmental authority or other entity with eminent domain powers. An expansion of or addition to such proposed or existing use is permitted in accordance with the provisions of this section. If such nonconforming building, structure or use of land is removed or the nonconforming use of such building, structure or land is discontinued for a continuous period of one hundred and eighty (180) days, the provisions of Sec. 47-3.8 shall apply.
(Ord. No. C-97-19, § 1(47-3.9), 6-18-97)
Sec. 47-3.11. Multiple use development site.
A. If there is more than one (1) use or structure on a development site which shares a common parking area which is legally nonconforming and one (1) or more of the uses or structure either:
1. Change to a use which requires it to meet the ULDR as provided in Sec. 47-3.5; or
2. Loses its nonconforming status as provided in Sec. 47-3.8; or
3. The parking for any new use or structure is required to meet the ULDR;
then only that portion of the common parking area attributable to such use or structure which has lost nonconforming status shall be required to meet the ULDR.
B. If different uses are located in one (1) attached structure then removal, damage or destruction as described in Sec. 47-3.6.B will apply to the entire structure. If uses are located in different structures on one development site, removal, damage or destruction as described in Sec. 47-3.6.B will apply only to the detached structure which has been changed, destroyed or removed.
(Ord. No. C-97-19, § 1(47-3.10), 6-18-97)
ARTICLE III. DEVELOPMENT REQUIREMENTS
Section 47-18. Specific Use Requirements
Sec. 47-18.1. Generally. The following requirements shall be adhered to for the uses as specified herein and are in addition to requirements for the zoning district where the use is located and other supplemental regulations.
Sec. 47-18.2. Adult uses. see Code for details
Sec. 47-18.3. Automotive sales dealer, rental agency, new or used. see Code for details
Sec. 47-18.4. Automotive repair shop. see Code for details
Sec. 47-18.5. Automotive service station. see Code for details
Sec. 47-18.6. Bed and breakfast dwelling. see Code for details
Sec. 47-18.7. Car wash, automatic. see Code for details
Sec. 47-18.8. Child day care facilities. see Code for details
Sec. 47-18.9. Cluster development.
Sec. 47-18.10. Coach home.
Sec. 47-18.11. Communication towers, structures and stations.see Code for details
Sec. 47-18.12. Dry cleaner. see Code for details
Sec. 47-18.13. Flammable liquids and fuel storage. see Code for details
Sec. 47-18.14. Heliport and helistop. see Code for details
Sec. 47-18.15. Holiday-related merchandise, outdoor sales. see Code for details
Sec. 47-18.16. Hotel. see Code for details
Sec. 47-18.17. House of worship. see Code for details
Sec. 47-18.18. Indoor firearms range. see Code for details
Sec. 47-18.19. Laundromat. see Code for details
Sec. 47-18.20. Marine service station. see Code for details
Sec. 47-18.21. Mixed use development. see Code for details
Sec. 47-18.22. Mobile vendor. see Code for details
Sec. 47-18.23. Nursing home. see Code for details
Sec. 47-18.24. Outdoor pay telephone. see Code for details
Sec. 47-18.25. Pet boarding/kennel facilities. see Code for details
Sec. 47-18.26. Public purpose uses.see Code for details
Sec. 47-18.27. Recreation vehicles and trailers, sales and rental, new or used. see Code for details
Sec. 47-18.28. Rowhouse.
Sec. 47-18.29. Self-storage facility. see Code for details
Sec. 47-18.30. Senior citizen center. see Code for details
Sec. 47-18.31. Social service facility (SSF). see Code for details
Sec. 47-18.32. Social service residential facilities (SSRF). see Code for details
Sec. 47-18.33. Townhouse.
Sec. 47-18.34. Truck sales or rental, new or used. see Code for details
Sec. 47-18.35. Veterinary clinic. see Code for details
Sec. 47-18.36. Watercraft sales or rental, new or used. see Code for details
Sec. 47-18.37. Watercraft repair shop. see Code for details
Sec. 47-18.38. Zero lot-line (ZLL) dwelling.
Sec. 47-18.39. Existing dwelling unit structures.
Sec. 47-18.9. Cluster development.
A. For the purposes of this section, a cluster development is defined as one (1) or more cluster buildings and their required amenities occurring on abutting lots.
B. A cluster building is defined as a residential structure containing two (2), three (3), or four (4) dwelling units, which building is required to have at least one (1) shared amenity for use solely by the inhabitants of that building. Amenities may include, but are not limited to, a pool, spa, gazebo, outdoor grill, or covered terrace. Required amenities may be combined in one (1) location for use by the inhabitants of a maximum two (2) cluster buildings only when those two (2) buildings are located back-to-back.
C. Design criteria for cluster buildings. A cluster building shall meet the following design criteria:
1. Lot requirements. The minimum lot size for a cluster building shall be as required by the zoning district where it is located.
2. Density. As regulated by the zoning district where the cluster development is located.
3. Access requirements. All units in a cluster building shall have vehicular access to a public street in the form of a private driveway. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveways for all public utilities and for use by owners within the group.
4. Yard requirements.
a. Front yard. The minimum front yard shall be the same as for the district where the cluster building is located. A five (5) foot easement along the front property line of the cluster building shall be required. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the cluster building for use by the owners of the units.
b. Side yards. The minimum side yard shall be the same as required by the zoning district where the cluster building is located. The shared side yard of a cluster building shall be five (5) feet for the principal structure only. A five (5) foot easement which extends from front to rear lot lines along a side lot line of the cluster building not abutting a public street shall be required for use by owners within the group.
c. Rear yard. The minimum rear yard shall be as required by the zoning district where the cluster building is located. The rear yard of a single cluster building shall be fifteen (15) feet for the principal structure. Provisions satisfactory to the city attorney shall be made for a five (5) foot recordable easement along the rear property line of the cluster building for use by the owners of the dwelling units in that building.
d. Additional setbacks.
i. A minimum of twenty-five percent (25%) of the front facade shall be set back a minimum of an additional five (5) feet from the rest of the front facade. This setback shall be centered on the building and shall have a roof line a minimum of five (5) feet lower than the highest adjacent roof line.
ii. A minimum of twenty-five percent (25%) of the rear facade shall be set back a minimum of an additional ten (10) feet from the rest of the rear facade. This setback shall be centered on the building and shall have a roof line a minimum of five (5) feet lower than the highest adjacent roof.
iii. Where two (2) cluster buildings share a rear property line, the minimum rear setback may be reduced to five (5) feet on each side of that rear property line if this additional portion of the building is set back an additional five (5) feet from the nearest side property line and has a roof line that is a minimum of five (5) feet lower than the highest adjacent roof line.
iv. When any portion of a cluster building exceeds twenty-two (22) feet in height, that portion of the structure shall be set back an additional one (1) foot for each foot of height above twenty-two (22) feet.
5. Architectural style. A cluster building shall be designed of an architectural style compatible with and complementary to adjacent structures.
6. Entrance requirements. Any building facade facing a public right-of-way shall be considered the front facade for those units. Each dwelling unit must have, on a front facade, its own principal entrance. The principal entrance of each unit shall be a roofed concrete landing a minimum of three (3) feet by five (5) feet and shall be of architectural design and material similar to and integral with the principal structure. No two principal entrances shall share a roofed concrete landing. A minimum of eight (8) linear feet shall be provided between entrances which are located within the same plane of the facade.
7. Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.
8. Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.
9. Fence requirements. Seventy-five percent (75%) of all fences within twenty-five (25) feet of a public right-of-way must be of non-opaque materials such as vertical bars or picket fence.
10. Maintenance agreement. A cluster development shall have a recorded maintenance agreement for the common areas.
11. Sidewalk/street tree requirements. A cluster development shall provide the following:
a. A minimum five (5) foot wide sidewalk along each public street abutting the property along the full length of the front property line.
b. Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed plan's compatibility to surrounding properties.
12. Landscape requirements. As required by the zoning district where located, pursuant to Sec. 47-21.10, Landscaping and Tree Preservation Requirements.
(Ord. No. C-97-19, § 1(47-18.8), 6-18-97)
Sec. 47-18.10. Coach home.
A. Coach homes are condominiums built in groups of four (4), six (6) or eight (8) dwelling units, in buildings no longer than two hundred (200) feet in length, with one (1) unit located above the other. Each unit shall have a private garage with ground-floor access to that unit by means of either a door and/or stairwell.
B. The front door of each unit shall be at finished grade level.
C. Coach homes shall meet the minimum requirements for multifamily dwelling units for the zoning district where the coach home is located.
(Ord. No. C-97-19, § 1(47-18.9), 6-18-97)
Sec. 47-18.28. Rowhouse.
A. For purposes of this section, a rowhouse is defined as a dwelling unit which is attached to other units in a row, fronting on a public street, with a front door facing and opening on to the street. Interior units shall share two (2) side walls with end units sharing only one (1) side wall and which meets the requirements of this section. A group of at least five (5) rowhouse units is a rowhouse building, and one (1) or more rowhouse buildings constitutes a rowhouse development.
B. Site and design criteria for rowhouses. Rowhouses shall meet the following site and design criteria:
1. Lot requirements. The minimum lot size for each rowhouse in a row house development shall be two thousand (2,000) square feet, with a minimum width of twenty (20) feet. Each row house lot shall front on a public street.
2. Density. As regulated by the district where the rowhouse development is located.
3. Access requirements. All units in a row house development shall have vehicular access from a rear driveway or alley, a minimum of twenty (20) feet in width, or from the front only if provided with a garage. If rear access is provided from a private drive provisions satisfactory to the city attorney shall be made to dedicate a recordable easement over the driveways for vehicular access for residents.
4. Yard/separation requirements.
a. Front yard. The front yard shall be a minimum of five (5) feet and a maximum of ten (10) feet. If front garages are provided, the garage only shall be set back twenty (20) feet.
b. Side yard. The side yard shall be zero (0) feet, except an end unit which shall have a minimum of five (5) foot setback from property lines (or ultimate right-of-way line).
c. Rear yard. The rear yard shall be a minimum of fifteen (15) feet. If parking is provided in the rear yard, a minimum twenty (20) foot deep surface parking area shall be provided between the rowhouse buildings and the rear yard line.
d. Separation. There shall be a minimum separation between rowhouse buildings of ten (10) feet and a maximum of twenty (20) feet along a street, unless an intervening alley or driveway requires a greater separation, in which case the maximum separation shall be fifty (50) feet in width.
5. Architectural style. The rowhouse units within a rowhouse building shall be of consistent and complementary architectural design, with uniform windows, doorways, and cornices. Windows and doors shall include decorative trim, awnings, structural eyebrows, or other ornamentation. Sloping roofs or decorative parapets providing vertical interest shall be incorporated into rowhouse buildings.
6. Entrance requirements. Each unit of a rowhouse building shall provide a front entrance facing a public street. Front entrances may be recessed a maximum of five (5) feet from the front building facade. Entrances shall either be recessed or be sheltered with a porch or awning.
7. Minimum floor area. Each rowhouse unit shall have a minimum floor area of seven hundred fifty (750) square feet.
8. Height. The maximum height shall not exceed fifty-five (55) feet.
9. Fencing. Any fencing along a public right-of-way shall be a maximum of four (4) feet in height and provide a minimum of seventy-five percent (75%) non-opaque materials such as vertical bars or picket fence and all other provisions of Sec. 47-19.5 shall apply. Fencing of side yards not facing a street, rear yards and along alleys shall be subject to the provisions for Fences, see Sec. 47-19.5. All other provisions regulating fencing as provided in Section 47-19, Accessory Uses, Buildings and Structures, not in conflict herewith shall apply.
10. Sidewalk/street tree/open space requirements. A rowhouse development shall provide the following:
a. A minimum seven (7) foot sidewalk along each public street abutting the property shall be provided along the front property line, with a minimum of five (5) feet clear of utility poles, street signs, or other obstructions. Rowhouses along pedestrian priority or image streets shall satisfy the sidewalk width requirements as specified in Sec. 47-13.20.
b. Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height, size, and spacing in accordance with the requirements of Sec. 47-13.20.H.7. The location and type of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed plan's compatibility to surrounding properties.
c. Open space and landscaping shall be as required by the district in which located.
11. Parking requirements. Parking spaces for rowhouses within the RAC shall be as specified in Sec. 47-13.20.C. In other districts, parking shall be as provided in Section 47-20, Parking and Loading Requirements.
12. Minimum/maximum unit count. There shall be a minimum of five (5) units attached in a row to constitute a rowhouse building, and a maximum of twenty (20) units attached in a row without a building separation pursuant to subsection B.4.d.
(Ord. No. C-97-19, § 1(47-18.27), 6-18-97)
Sec. 47-18.33. Townhouse.
A. Definition. For the purposes of this section, a townhouse development shall be defined as three (3) or more attached single family dwelling units where each individual single family unit and land thereunder is owned in fee simple.
B. Site design criteria. A townhouse development shall meet the following site design criteria:
1. Minimum lot size. The lot upon which the group is located shall contain a minimum area of seven thousand five hundred (7,500) square feet and shall provide an average of two thousand (2,000) square feet per dwelling unit, including driveways and areas held in common ownership.
2. Density. Density shall be limited as provided for the zoning district where a townhouse development is proposed to be located.
3. Group limit. A townhouse group shall be limited to a maximum of eight (8) dwelling units. A minimum of twenty-five percent (25%) of the townhouse group's front facade shall be set back an additional five (5) from the rest of the front facade. Attached units may have a common wall or individual sidewalls separated by a distance of not more than one (1) inch or as determined reasonable by the building inspector. If individual walls are used, the buildings shall have adequate flashing at the roofline.
4. Access requirements. Each dwelling unit shall have vehicular access on a public street or paved driveway or parking area serving the group. Private driveways shall be provided in accordance with Sec. 47-20.5.D. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveway for all public utilities and for use by owners within the group.
5. Yard requirements.
a. Front yard. The minimum front yard shall be the same as that required for the zoning district where the townhouse development is located. A five (5) foot easement along the front property line of the group shall be required. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the group for use by the owners of the group.
b. Side yard. The minimum side yard shall be a minimum of ten (10) feet from the side property line of the townhouse group and a minimum of twenty (20) feet measured from an ultimate right-of-way, dedicated street, or street-widening line. A five (5) foot easement which extends from front to rear lot lines along a side lot line of the townhouse group not abutting a public street shall be required for use by owners within the group.
c. Rear yard. Shall be a minimum of twenty (20) feet from the rear property line. Provisions satisfactory to the city attorney shall be made for a recordable easement along the rear property line of the group for use by the owners of the group.
d. Additional requirements. When any portion of a townhouse structure exceeds twenty-two (22) feet in height, that portion of the structure shall be set back a minimum of an additional one (1) foot for each foot of height above twenty-two (22) feet.
6. Entrance requirements. Within the RC-15 district only, any principal structure's facade facing a public right-of-way shall be considered the front facade for those units. Each unit must have, on a front facade, its own principal entrance. The entrance shall be a roofed concrete landing a minimum of three (3) feet by five (5) feet and shall be of architectural design and material similar to and integral with the principal structure. No two (2) principal entrances shall share a roofed concrete landing. A minimum of eight (8) linear feet shall be provided between entrances which are located within the same plane.
7. Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.
8. Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.
9. Fence requirements. Within the RC-15 district only, for new construction, seventy-five percent (75%) of all fencing along the front yard of a townhouse development abutting a public right-of-way must be of non-opaque materials such as vertical bars or picket fence, and be subject to all other requirements of Sec. 47-19.5, Fences, Walls and Hedges.
10. Landscape requirements. A townhouse development shall provide the following:
a. A minimum five (5) foot wide sidewalk along each public street abutting the property along the full length of the front property line. A minimum three (3) foot wide sidewalk shall be provided from each principal entrance to the public sidewalk unless the DRC determines that alternative pedestrian access to the public sidewalk is provided.
b. Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed development's compatibility to surrounding properties.
11. Maintenance agreement. A townhouse development shall have a recorded maintenance agreement for the common areas.
(Ord. No. C-97-19, § 1(47-18.32), 6-18-97; Ord. No. C-99-18, § 4, 3-16-99)
Sec. 47-18.38. Zero-lot-line (ZLL) dwelling.
A. A zero-lot-line dwelling is a single family detached unit which, instead of being centered on the lot, has one (1) side placed on one (1) of the side lot lines in order to provide for more open space on the other side of the lot.
B. Approval process. A site plan level III permit shall be required for a ZLL dwelling in accordance with Sec. 47-24.2, Development Permits and Procedures.
C. Site design criteria.
1. Density. The maximum number of dwelling units permitted per net acre shall be limited by the zoning district where the ZLL development is located.
2. Minimum lot size. The minimum lot size for each dwelling shall be four thousand (4,000) gross square feet in area.
3. Minimum lot width. The minimum lot width for each dwelling site shall be forty (40) feet for interior lots and forty-five (45) feet for corner lots.
4. Special yards required for ZLL dwellings.
a. Front yards. Shall be the same as that for a single family dwelling, as required in the zoning district where the ZLL dwellings are located.
b. Rear yards. Shall be the same as that for a single family dwelling, as required in the zoning district where the ZLL dwelling is located.
c. Side yards.
i. For corner lots: Shall be minimum fifteen (15) feet from the side property line.
ii. Side yard when abutting another ZLL lot: Minimum side yard shall be zero (0) for one (1) side of the building, and ten (10) feet for the other side. In no instance shall a ZLL dwelling be located closer than ten (10) feet from another building.
iii. Side yard when abutting a non-ZLL lot: The minimum side yard shall be the same as that for a single family dwelling, as required by the zoning district where the ZLL dwelling is located.
d. Additional setback requirements. When any portion of a ZLL structure exceeds twenty-two (22) feet in height, that portion of the structure which exceeds twenty-two (22) feet in height shall be set back a minimum of an additional one (1) foot for each foot of height above twenty-two (22) feet.
5. Height. The maximum height of a ZLL structure shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.
6. Private garage. A fully enclosed garage of minimum ten (10) feet by eighteen (18) feet designed for parking at least one (1) automobile shall be required for each ZLL dwelling. Vehicular access to the garage shall be from a street or driveway. No more than fifty percent (50%) of the front facade of a single-story ZLL dwelling shall be used for a garage. Double car garages are permitted on two-story ZLL dwellings if the total area of garage door surfaces does not exceed thirty percent (30%) of the total front facade area,and if at least one (1) of the following architectural features is provided on the front facade, principal entrance, porch, or habitable balcony. In no case shall the driveway exceed twenty-two (22) feet in width.
7. Zero side yard building wall requirements. The elevation of the side wall of the ZLL dwelling with a zero (0) side setback shall have the following requirements:
a. Only clerestory windows or similar transparent openings with a sill height of at least six (6) feet, eight (8) inches above the interior finish floor of each story are permitted. Semi-opaque glass block windows are permitted at any height. The total area of window openings shall not exceed ten percent (10%) of the surface area of the wall.
b. Roof overhangs may encroach up to eighteen (18) inches over a common property line, if drainage is provided to prevent runoff onto adjacent property. Any gutter or downspout is to be located within this eighteen (18) inch dimension.
c. An atrium or other recessed outdoor area may be permitted along the ZLL building wall when a minimum eight (8) foot high opaque wall is provided that entirely screens the outdoor area.
d. Provisions satisfactory to the city attorney shall be made for a ZLL property owner to grant a recordable easement over a three (3) foot area into the yard abutting the side of the structure on the lot line for use by the owner of the adjacent property for maintenance of the building.
8. Landscape requirements. A zero-lot-line dwelling shall provide the following:
a. A minimum five (5) foot wide sidewalk along each public street abutting the property along the full length of the property line. A minimum three (3) foot wide sidewalk shall be provided from each principal entrance to the public sidewalk.
b. Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed dwelling's compatibility to surrounding properties.
9. Driveways. Driveways serving a ZLL dwelling may be located no closer than twelve (12) inches from a side property line.
10. Elevations. The architectural design of adjacent ZLL dwellings shall provide different front elevations in terms of roof-lines and entrance design. Where more than five (5) zero-lot-line dwellings are contiguous, a minimum of three (3) different front elevation designs shall be provided.
(Ord. No. C-97-19, § 1(47-18.37), 6-18-97)
Sec. 47-18.39. Existing dwelling unit structures.
A. Dwelling units that exist as of the effective date (June 28, 1997) of the ULDR, which units are stacked one (1) above the other and which have a minimum floor area between four hundred (400) gross square feet and seven hundred fifty (750) gross square feet, shall be permitted in an RC-15 zoning district in accordance with the following:
1. Such structure is in continuous operation and not discontinued in use as provided in Section 47-3, Nonconforming Uses.
2. When the use of such structures change to a different residential use permitted in the RC-15 zoning district, the existing stacked units cannot be reestablished, and the new residential use must meet the requirements of the ULDR for the new use.
3. If such structure is damaged or destroyed by fire, explosion or other casualty or Act of God or public enemy by more than fifty percent (50%) of its replacement value or fifty percent (50%) of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:
a. The stacked unit structure may only be rebuilt in accordance with the density permitted by the RC-15 zoning district or by the residential medium land use designation. If the reconstruction of that portion destroyed would result in a density greater than that permitted by the RC-15 district, such reconstruction shall not be permitted.
b. The dimensional requirements for a multifamily dwelling as provided in the RM-15 zoning district shall apply to stacked unit structures for the purpose of reconstruction.
c. The total number of dwelling units to be provided in the rebuilt structure shall not exceed the number of units previously existing in same structure prior to the destruction.
d. The parcel to be rebuilt must meet all the requirements of the ULDR for multifamily dwellings, as provided in RM-15 zoning district.
4. If more than fifty percent (50%) of the replacement value or of the total gross floor area of an existing stacked unit structure is demolished by other than fire, explosion or other casualty or Act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to the meet all of the requirements of the ULDR.
5. Any additions to existing stacked dwelling units are required to meet the requirements of the ULDR.
B. Dwelling units that exist and are located on property that was zoned RD-15, RC-15 or RM-15 on April 21, 1998 and are no longer permitted as a new use shall be permitted in an RDs-15, RCs-15, or RMs-15 zoning district in accordance with the following:
1. Such dwelling units must have been legally permitted, in continuous use and not discontinued in use as provided in Section 47-3, Nonconforming Uses.
2. When such dwelling units change to a different use permitted in the RDs-15, RCs-15, or RMs-15 zoning district, the existing units cannot be reestablished, and the new use must meet the requirements of the ULDR for the new use.
3. If such dwelling units are damaged or destroyed by fire, explosion or other casualty or act of God or public enemy by more than fifty percent (50%) of its replacement value or fifty percent (50%) of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:
a. The unit structure may only be rebuilt in accordance with the density permitted by the RDs-15, RCs-15, or RMs-15 zoning district or land use designation for the property. If the reconstruction of that portion destroyed would result in a density greater than that permitted by the zoning district or land use designation, such reconstruction shall not be permitted.
b. The dimensional requirements for a structure shall be as provided in the RDs-15, RCs-15, or RMs-15 zoning district for the purpose of reconstruction in accordance with the dimensional requirements in Section 47-5, Residential Zoning Districts and Residential Office Zoning Districts.
c. The total number of dwelling units to be provided in the rebuilt structure shall not exceed the number of units previously existing in same structure prior to the destruction.
d. The parcel to be rebuilt must meet all the requirements of the ULDR.
4. If more than fifty percent (50%) of the replacement value or of the total gross floor area of an existing unit structure is demolished by other than fire, explosion or other casualty or act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to meet all of the requirements of the ULDR.
5. Any additions to existing dwelling units are required to meet the requirements of the ULDR.
(Ord. No. C-97-19, § 1(47-18.38), 6-18-97; Ord. No. C-99-27, § 5, 5-4-99)
SECTION 47-23. SPECIFIC LOCATION REQUIREMENTS
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Sec. 47-23.3. Setback requirements at rear of business building abutting an alley.
Where the rear of a business building abuts on an alley or other public right-of-way, the building setback line shall be three (3) feet from the property line.
(Ord. No. C-97-19, § 1(47-23.3), 6-18-97)
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Sec. 47-23.5. Business and industrial districts.
No buildings or structures shall be located closer than thirty (30) feet to the centerline of an abutting street.
(Ord. No. C-97-19, § 1(47-23.5), 6-18-97)
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Sec. 47-23.8. Waterway use.
A. Buildings and land uses on parcels abutting waterways in nonresidential districts and in multifamily districts shall be designed to preserve the character of the city and neighborhood in which they are located, harmonize with other development in the area, and protect and enhance the scenic quality and tranquility of the waterways. Special provisions are needed to realize these objectives, which can be stated only in general terms, and at the same time permit a reasonable use of land and depend on details of design of the buildings, appurtenances, yards and landscaping and their relation to the waterway and other uses on the waterway.
B. For purposes of this Sec. 47-23.8, "on a waterway" means a development site which abuts a waterway. This section shall not apply to development within the downtown RAC, except for development within the RAC-RPO district, and shall not apply to the central beach area districts. Any proposed nonresidential or multifamily use on a waterway shall require a site plan level III development permit, as provided in Section 47-24, Development Permits and Procedures. The application shall include all elevations visible from the waterfront. A use on a waterway shall, in addition to all other requirements of the ULDR, meet the requirements as follows:
1. A twenty (20) foot landscaped yard is required adjacent to the existing bulkhead line. The required twenty (20) foot yard shall not be used or developed for any purpose other than landscaping and the minimum amount of driveways or walkways reasonably necessary to serve permitted nonresidential or multifamily waterfront uses, unless specifically approved by the planning and zoning board. The twenty (20) foot yard shall not apply to marinas or yacht clubs.
2. Review of Neighborhood Compatibility, Scale, Bulk and Mass, as provided in Sec. 47-25.3.A.3.e.i.
C. Any property zoned B-2, B-3 or I which abuts a waterway shall be used for a marina, a hotel marina, or a shipyard, where such uses are permitted within the B-2, B-3 or I zoning districts.
(Ord. No. C-97-19, § 1(47-23.8), 6-18-97)
Sec. 47-23.9. Interdistrict corridor requirements.
This section provides additional development regulations for property fronting on certain corridors within the city. These additional requirements are based on a recognition that certain corridors are currently accommodating, or are intended to accommodate, intensive pedestrian traffic or which serve as major pedestrian streets and major vehicular entryways, or major gateways into the city, and will, therefore, require adjacent development to accommodate said pedestrian and vehicular usage and aesthetic considerations. It is also the intent of these requirements to maintain a uniform streetscape within each corridor, regardless of the underlying zoning district requirements.
A. A twenty (20) foot yard shall be required for any development on property which abuts one of the following rights-of-way. No parking shall be permitted within the required yard unless specified herein.
1. North Federal Highway--between Sunrise Boulevard and the northern city limits.
2. East Sunrise Boulevard--between Federal Highway and one hundred (100) feet east of Bayview Drive.
3. S.E. 17th Street--between Federal Highway and Eisenhower Boulevard.
Sec. 47-23.10. Modification of waterway lot width requirements. see Code for details
Sec. 47-23.11. Modification of required yards.
A. Criteria for modification of required yards. The planning and zoning board shall upon written application for site plan level III approval, as provided in Sec. 47-24.2, Development Permits and Procedures, consider a request to modify the required yards as specified in the Table of Dimensional Regulations within the RMM-25, RMH-25 and RMH-60 residential zoning districts, and may change such minimum yard requirements, provided, however, that the following additional criteria for such approval are met: ................
Sec. 47-23.12. Bonus density in the RML-25, RMM-25 and RMH-25 districts with residential high land use designation.
A. An increase of one (1) residential dwelling unit per net acre of parcel area may be permitted in the RML-25, RMM-25 or RMH-25 districts subject to the approval of a site plan level III permit, as provided in Sec. 47-24.2, for each two and one-half percent (2 1/2%) of parcel area if the landscaped green area is increased beyond the required thirty-five percent (35%) percent minimum provided that such density does not exceed the maximum density permitted by the city's adopted future land use element (FLUE) for such parcel, and provided that:.......................
Sec. 47-23.15. Location of buildings and structures in a sight triangle.
No building or structure shall be permitted within a sight triangle as provided in Section 25 and Section 47 of the Code of Ordinances.
(Ord. No. C-04-3, § 8, 2-3-04)
SECTION 47-28. FLEXIBILITY RULES
Sec. 47-28.1. Applicability; conditions.
A. Density. The maximum density permitted on a development parcel is limited by the maximum density permitted by the city's land use plan (LUP). Density of a development parcel may be increased, subject to flexibility rules (FR).
B. Flexibility rules. Flexibility rules permit the city to revise and rearrange land uses and permit additional residential dwelling units without requiring an amendment to the Broward County Land Use Plan (BCLUP).
C. Definitions.
1. Flexibility zones: Flexibility zones (FZ) are fixed geographic areas within the city, designated on the BCLUP which provide limits on the number of additional dwelling units and additional commercial acreage which may be permitted by the city's plan.
2. Flexibility units: Flexibility units are the total number of additional dwelling units permitted by the BCLUP above the total number of dwelling units allowed within the same FZ by the city's LUP.
3. Reserve units: Reserve units are dwelling units permitted in addition to the flexibility units by the BCLUP, which equal a maximum of two percent (2%) of the total number of dwelling units permitted within a FZ by the BCLUP.
4. Commercial flex acreage: Commercial flex acreage is the total percentage of residential acres permitted by the BCLUP to be converted to commercial use within a FZ without a LUP amendment.
D. Determination by the city of available residential dwelling units or available commercial acreage.
1. If a sufficient number of units are available to allocate reserve units or flexibility units to a parcel, or if sufficient commercial flex acreage is available to be applied to a parcel, the city may allocate the units or commercial flex acreage, provided that the FZ and regulations of the ULDR are met.
2. The city shall maintain a log of the number of available reserve or flexibility units, the number of reserve or flexibility units assigned to parcels, and the reason for assigning units to a parcel. The city shall also maintain a log of the number of flex commercial acreage assigned to parcels and the reason for assigning the commercial acreage to each parcel.
E. Increase of residential densities on residential land use designated parcels.
1. Additional dwelling units may be allocated to a development site with a residential land use designation by applying available flexibility units or reserve units. Flexibility units or reserve units may be allocated subject to the following conditions:
a. Flexibility units applied to a residential land use designated parcel.
i. Amendment to the city's land use plan; and
ii. Criteria:
a) Demonstration that the use of flexibility units supports and implements the specific goals, objectives and policies of the city's LUP.
b) Rezoning in accordance with Sec. 47-24.4, Development Permits and Procedures.
c) Site plan approval level III in accordance with Sec. 47-24.2, Development Permits and Procedures.
b. Reserve units.
i. Site plan approval (level II); and
ii. Maximum density shall not exceed fifty (50) dwelling units per gross acre; and may not exceed one hundred percent (100%) of the maximum density of the development site; and
iii. The maximum number of reserve units applied to the development site shall not be greater than two (2) units, or two (2) units per net acre, whichever is less. This restriction shall not apply to a mixed use development that is subject to the provisions of Sec. 47-18.21, or, Section 47-9, X-Exclusive Use District;
iv. Criteria:
a) Site plan approval level II in accordance with Sec. 47-24.2, Development Permits and Procedures.
b) Expiration of allocation of reserve units. If the allocation of reserve units is permitted in connection with site plan approval, the allocation shall expire and terminate upon the expiration of the site plan approval.
F. Allocation of residential units on commercial or office park land use designated parcels.
1. The city may allocate flexibility units to a development parcel with a commercial or office park land use designation subject to the following conditions:
a. Criteria:
i. Flexibility units, see subsection E.1.a.
ii. No more than twenty percent (20%) of the total acreage within the flexibility zone which is designated commercial or office park, may be used for residential uses.
2. For mixed-use development, see subsection K.
G. Allocation of commercial uses on residential land use designated parcels.
1. The city may permit commercial uses on a parcel with a residential land use designation subject to the following conditions:
a. Rezoning of the development site to community business (CB) only, or to exclusive use (X-Use); and
b. No more than five percent (5%) of the total area within a flexibility zone which is designated residential on the city's plan, may be rezoned to CB or X-Use; and
c. The parcel proposed for CB or X-Use use shall not be greater than ten (10) contiguous acres;
d. Criteria:
i. Demonstration that the use of commercial flex acreage supports and implements the specific goals, objectives and policies of the city's LUP.
ii. Rezoning application in accordance with Sec. 47-24.2, Development Permits and Procedures.
iii. Site plan approval level III in accordance with Sec. 47-24.2, Development Permits and Procedures.
2. For mixed-use development, see subsection K.
H. Allocation of bonus density for affordable housing on parcels with a residential land use designation.
1. The city may allocate flexibility units or reserve units to provide for affordable housing units (AFU's) by applying bonus density, through site plan approval (level III), subject to the following:
a. The total number of reserve units applied to the development parcel shall not be greater than one hundred percent (100%) of the density permitted by the city's land use plan for the development parcel.
b. The residential density of the parcel shall be greater than five (5) dwelling units/per gross acre.
c. The affordable housing development shall meet requirements for affordable housing as established by the BCLUP.
d. Criteria: Site plan approval level III in accordance with Sec. 47-24.2, Development Permits and Procedures.
I. Allocation of bonus sleeping rooms for special residential housing, group homes, foster care facilities, etc.
1. The city may permit an increase in the number of sleeping rooms permitted by the city's land use plan, by applying bonus sleeping rooms to a special residential facility by site plan approval (level III) without allocating additional density by applying flexibility units or reserve units. For the purpose of calculating density, sleeping rooms shall be counted as one-half ( 1/2) a dwelling unit.
2. Subject to the requirements for social service residential facilities (SSRF), see Sec. 47-18.32.
3. Criteria: Site plan approval level III in accordance with Sec. 47-24.2, Development Permits and Procedures.
J. Allocation of commercial uses within areas designated industrial land use or employment center land use.
1. The city may permit a development to be used for commercial business uses within lands designated employment center or industrial on the city's land use plan, by rezoning the parcel to a business zoning district, subject to the following restrictions:
a. No more than twenty percent (20%) of the total land use area within the flexibility zone that is designated for industrial land use or U.C. employment center land use may be rezoned to a business zoning district.
b. Criteria:
i. Rezoning application in accordance with Sec. 47-24.2, Development Permits and Procedures.
ii. Site plan approval level III in accordance with Sec. 47-24.2, Development Permits and Procedures.
K. Allocation of flex for mixed use development.
1. The city may allocate flexibility units for mixed use development through approval of a mixed use development, as provided in Sec. 47-18.21, Mixed Use Development. This applies to both the allocation of residential flexibility units on a commercial land use designated parcel and for allocation of commercial flex acreage on a residential land use designated parcel.
L. Allocation of reserve units in the Downtown Regional Activity Center.
1. Additional dwelling units may be allocated to a development site in the Downtown Regional Activity Center area as provided in the City's Land Use Plan by applying available reserve units, subject to the following conditions:
a. Demonstration that the use of reserve dwelling units supports and implements the specific goals, objectives and policies of the city's Land Use Plan.
b. A Site Plan Level II approval is required in accordance with Section 47-24. An approval by DRC is subject to a City Commission request for review, under the provisions of Section 47-26A.2.
c. Expiration of allocation of reserve units. The allocation of reserve units shall expire and terminate upon the expiration of the site plan approval.
(Ord. No. C-97-19, § 1(47-28), 6-18-97; Ord. No. C-97-51, § 9, 11-4-97; Ord. No. C-01-17, § 1, 5-1-01)
SECTION 47-34. ENFORCEMENT, VIOLATIONS AND PENALTIES
Sec. 47-34.1. Compliance with ULDR.
A. Except as provided in the ULDR:
1. No building shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than is permitted in the district in which such building or land is located.
2. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located.
3. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by the ULDR, nor shall the density of population be increased in any manner except in conformity with the area regulations established by the ULDR.
4. No yard or other open space provided about any building for the purpose of complying with the provisions of the ULDR shall be considered as providing a yard or open space for any other building; provided further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.
5. Every building erected shall be located on a lot as defined in the ULDR.
6. The height restrictions as to buildings located in RS-4.4, RS-8, RD-15, RC-15 and RM-15 zoning districts shall not apply to civilian disaster and defense and amateur radio masts and towers.
(Ord. No. C-97-19, § 1(47-34.1), 6-18-97)
Sec. 47-34.2. Enforcement, violations and penalties.
A. The director, the building official, the chief of police and such city employees as they shall designate are hereby designated and authorized to enforce the ULDR.
B. It shall be unlawful to use any property within the city in violation of the requirements of the ULDR.
C. Any person or persons, owner or owner's agent, or member or employee of any firm, company or corporation who shall violate or permit to be violated, or cause to be violated any provision of the ULDR shall, upon conviction, be punished as provided in Section 1-6 of Volume I of the Code.
D. It shall be unlawful to use property, or erect, alter or use any building or structure or part thereof, or land or water, in a manner which violates the terms and conditions of a development permit or order issued by the city commission, planning and zoning board, development review committee, board of adjustment, historic preservation board or director of the department, or his designee. As used in this subsection D, a development permit or order shall mean any permit or order which authorizes the use or development of property and shall include, but not be limited to, a beach development permit, development plan approval, development review committee development permit, variance, special exception, plat approval, land use amendment, parking reduction approval, certificate of appropriateness, conditional use approval, development of regional impact or rezoning.
(Ord. No. C-97-19, § 1(47-34.2), 6-18-97)
Sec. 47-34.3. Permit not to authorize violation of chapter; correction of errors in plans and specifications; evidence of engaging in business.
A. The issuance or granting of a permit or approval of plans or specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the ULDR. No permit presuming to give the authority to violate or cancel the provisions of the Code shall be valid except insofar as the work or use which it authorizes is lawful.
B. The issuance of a permit upon plans and specifications shall not prevent the building inspector from thereafter requiring the correction of errors in such plans and specifications, or preventing building operations being carried on thereunder when in violation of the ULDR or any ordinances of the city.
C. If any person displays a sign or advertisement indicating the conduct of a business or profession at a given location, or advertises a business or profession in the classified section of the newspaper, telephone directory or city directory or other media, or otherwise represents himself as being engaged in a business, occupation or profession at a particular location, such activities shall constitute evidence that such business, occupation or profession is being conducted at that location and that such person is holding himself out as being engaged in such business, occupation or profession.
(Ord. No. C-97-19, § 1(47-34.3), 6-18-97)
Sec. 47-34.4. Prohibited parking or storage of commercial vehicles or commercial watercraft.
A. Parking or storage in residential rights-of-way.
1. No person shall park, store, or knowingly permit another person to park or store, any of the vehicles or commercial watercraft described below in or upon any right-of-way or waterway at any time within any residentially zoned district. The provisions of this section do not apply if the person having custody of a commercial vehicle, or a trailer coupled to it, or both, or a commercial watercraft as described below, is actively and temporarily engaged in rendering a business or commercial service to the residential property next to the right-of-way or waterway.
2. The vehicles or commercial watercraft which shall not be parked or stored in or upon any such right-of-way or waterway are described as follows:
a. Any "commercial vehicle," which is a vehicle self-propelled by a motor, having more than four (4) tires, and:
i. Which bears any sign or marking which advertises or identifies any business or commercial venture; or
ii. Which is used or designed for a business or commercial purpose.
b. Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.
c. Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.
d. Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.
e. Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.
f. Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.
g. Any commercial watercraft used primarily as a work platform for the construction of improvements to the upland property where it is positioned.
3. Any vehicles parked in a right-of-way in violation of this subsection may be towed and the charges for towing and storage shall constitute a lien against such vehicle, as provided by state law. Enforcement personnel shall, as soon as practicable, give notice to the vehicle owner or operator of such removal and information as to its location.
4. The owner of the upland property abutting a waterway where any commercial vessel as described above is positioned in violation of this section shall be subject to the penalties specified in the ULDR.
B. Overnight parking of specified vehicles, boats and trailers in residential districts.
1. No person shall park, store or knowingly permit another person to park or store any of the vehicles described in subsection B.3 upon any residentially zoned property at any time between the hours of 9:00 p.m. and 6:00 a.m. unless it is:
a. Parked or stored within a garage or carport which is enclosed on any side of a property abutting residential property and is concealed or screened from view from any street abutting the parcel where the vehicle is located; or
b. Concealed or screened from view from any street abutting the parcel where the vehicle is located and from any contiguous residential property by landscaping or fencing. Screening shall be provided in accordance with subsection B.5.
2. On property which is zoned RS-4.4, the following additional restrictions shall apply:
a. A recreational vehicle unit, exceeding twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.
b. A boat, a boat on a trailer, a boat trailer or any combination of same in excess of twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.
c. No boat, a boat on a trailer, boat trailer, or recreational vehicle which exceeds thirty-five (35) feet can be parked on RS-4.4 zoned property.
3. The vehicles which shall not be parked or stored upon such property during such hours as provided in subsection B.1 and the boats or trailers regulated as provided in subsection B.2 are described as follows:
a. Any "commercial vehicle," which is a vehicle self propelled by a motor, having more than four (4) tires, and:
i. Which bears any sign or marking which advertises or identifies any business or commercial venture; or
ii. Which is used or designed for a business or commercial purpose.
b. Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.
c. Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.
d. Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, including watercraft, and including any vehicle on a trailer, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.
e. On property zoned RS-4.4, any recreational vehicle unit as defined in Sec. 47-34.4.A.2.e.
f. On property zoned RS-4.4, any boat, boat on trailer or boat trailer. A boat is defined as a vessel propelled by oars, wind or machinery and capable of being used as a means of transportation on water, but not to include a personal watercraft as defined by F.S. ch. 327.
4. The provisions of this section do not apply to a mobile home park or stored on property located in a mobile home park or to a bus or to a bus owned or operated by a church, educational institution or governmental entity parked upon lands owned or operated by the church, institution or entity.
5. When a vehicle, boat or trailer is required to be screened from view as required by this Sec. 47-34.4, such screening by landscaping shall be by installation of a hedge to screen the vehicle only. Hedge material shall be thirty-six (36) inches high when first planted, shall increase in height at a rate of one (1) foot per year and shall be maintained at a height equal to the roofline of any vehicle, boat or trailer which is less than eight (8) feet in height, and to a maximum of eight (8) feet in height forany vehicle, boat or trailer greater than eight (8) feet in height. If a fence is used for screening, the fence shall be a minimum of six (6) feet in height and must be opaque.
C. Use of vehicle for living or sleeping prohibited.
1. It shall be unlawful for any owner, operator or person having custody of any vehicle described below to use, or permit the use of, any such vehicle for living or sleeping purposes while the vehicle is parked or stored within the city. It shall also be unlawful for an owner or occupant of land to knowingly permit such a vehicle to be parked or stored on property owned or occupied by him and used by another for such purposes in violation of this subsection. The provisions of this subsection do not apply to mobile homes located in a mobile home park.
2. a. Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.
b. Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.
c. Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.
d. Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.
e. Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.
(Ord. No. C-97-19, § 1(47-34.4), 6-18-97; Ord. No. C-98-6, § 1, 2-3-98; Ord. No. C-99-39, § 1, 5-18-99)
Sec. 47-34.5. Refusal to issue permit when building may be changed to violate district regulations.
When plans and specifications are submitted to the department for a permit to erect a residential use in any zoning district, and should such plans and specifications, in the opinion of the director be of a structure which might be used contrary to the issued permit, or could easily be modified to serve such purpose, or that the plumbing, gas lines or electric wiring, other than that installed in the kitchen, may be used for purposes other than for the use as issued, then the director shall have the right to refuse to issue a building permit therefor; provided, further, that all appeals from the decision of the building inspector shall be made to the board of adjustment for final disposition.
(Ord. No. C-97-19, § 1(47-34.5), 6-18-97)
SECTION 47-35. DEFINITIONS
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