§ 90-6. Establishment of zoning districts.
(a)
Conformity with comprehensive plan; general requirements. Zoning districts must conform to the intended land use and identified intensity or density of use prescribed in the town's comprehensive plan.
The name, purpose, description, unrestricted uses permitted, special exception uses, and other requirements of the town's zoning districts are hereby established as follows:
Zoning District Abbreviated Designation Low-density residential LDR Medium-density residential MDR Commercial, General CG Industrial, General IG Mixed Use MU Agricultural AGR Recreational RC Public Buildings and Grounds PBG Other Public Facilities OPF Conservation CON Planned Unit Development PUD (b)
Overlay districts. Some areas of the town may be developed under a planned unit development overlay zoning district. Planned unit developments may include a mix of any combination of land uses. Application of the PUD overlay will require a rezoning petition as described in section 90-8.
(c)
Description of zoning districts.
(1)
Residential. Parcels of land designated as residential land are intended to be used predominantly for housing and should be protected from intrusion of land uses that are incompatible with residential density or intensity of use.
The impervious surface coverage of residential land use shall not exceed 60 percent of the site. The maximum height of construction shall not exceed 40 feet.
Mobile homes will be permitted in accordance with F.S. § 320.8285(5), manufactured homes will be permitted in accordance with F.S. § 553.38(2), and community group residential homes shall be permitted in accordance with F.S. § 419.001(2), (3).
a.
LDR—Low-density residential district. Up to two units per acre. The low-density residential district provides for a variety of land uses and densities up to a maximum of two units per net acre.
1.
Unrestricted uses.
i.
Open space parks and recreational areas.
ii.
Essential public services and facilities.
iii.
Low-density residential dwellings including:
Single-family.
Two-family.
Townhouse dwellings.
Multifamily dwellings.
iv.
Home occupations.
(A)
No person other than a member of the family residing on the premises shall be engaged in such occupation; provided, however, that additional employees may be allowed in the granting of the conditional use.
(B)
The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances, change the residential character thereof.
(C)
There shall be no change in outside appearance of building or premises, or other visible evidence of the conduct of such home occupation.
(D)
No home occupation shall occupy more than 20 percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage, or similar space not suited or intended for occupancy as living quarters: no traffic shall be generated by such home occupation in greater volumes than would be normally expected in a residential neighborhood.
(E)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses on or off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes line voltage fluctuations off the premises.
(F)
The giving of art, music or other instructions or lessons shall be allowed.
(G)
Fabrication of articles, which are commonly classified under the term "arts and handicraft", may be deemed a home occupation subject to other applicable terms and conditions.
vi.
Bed & Breakfast
vii.
Assisted Living Facilities
2.
Unrestricted uses accessory.
i.
Home occupations as defined above.
ii.
Private garages.
iii.
Private swimming pools and cabanas.
iv.
Accessory dwelling units and garage apartments, detached or attached.
v.
Customary accessory uses and structures clearly incidental to one or more permitted uses and structures. Illustrative uses include household animals, not kept for commercial sale, boat docks, piers, boat houses, boat shelters, air conditioning compressors, pool equipment, non-commercial green houses and plant nurseries, and fences, walls and hedges.
3.
Special exception uses. Same as those permitted in the MDR district.
4.
Minimum lot requirements.
i.
Single-family and two-family dwellings:
Minimum lot width: 75 feet.
Minimum lot area: 10,890 square feet.
ii.
Townhouses (not to exceed a net density of two units per acre):
Minimum interior lot width: 20 feet.
Minimum exterior lot width: 30 feet.
Minimum interior lot area: 2,500 square feet.
Minimum exterior lot area: 3,500 square feet.
iii.
Multifamily dwellings (not to exceed a net density of two units per acre):
Minimum lot width: 100 feet.
Minimum lot area: 8,712 square feet.
5.
Minimum yard requirements.
i.
Single-family and two-family dwellings:
Front yard: 20 feet.
Side yard: Ten feet or 15 percent, whichever is smaller.
Rear yard: Ten feet.
ii.
Townhouses:
Front yard: 20 feet.
Side yard interior unit: Zero feet.
Side yard exterior unit: 15 feet.
Rear yard: 20 feet.
iii.
Multifamily dwellings:
Front yard: 20 feet.
Side yard: 20 feet.
Rear yard: 20 feet.
b.
MDR—Medium-density residential district (two to five units per acre). The purpose of the medium-density residential district is to provide a variety of housing types within a single-family setting, including single-family, duplex, attached single-family and zero lot line development, at a density of at least two units and up to five units per net acre. A density over two units per acre may require either central water or central sanitary sewer as permitted by the county health department.
1.
Unrestricted uses.
i.
Single-family.
ii.
Two-family dwellings.
iii.
Townhouse dwellings.
iv.
Multifamily dwellings.
v.
Park and recreational facilities.
vi.
Home occupations:
(A)
No person other than a member of the family residing on the premises shall be engaged in such occupation; provided, however, that additional employees may be allowed in the granting of the conditional use.
(B)
The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances, change the residential character thereof.
(C)
There shall be no change in outside appearance of building or premises, or other visible evidence of the conduct of such home occupation.
(D)
No home occupation shall occupy more than 20 percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage, or similar space not suited or intended for occupancy as living quarters: no traffic shall be generated by such home occupation in greater volumes than would be normally expected in a residential neighborhood.
(E)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses on or off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes line voltage fluctuations off the premises.
(F)
The giving of art, music or other instructions or lessons shall be allowed.
(G)
Fabrication of articles, which are commonly classified under the term "arts and handicraft", may be deemed a home occupation subject to other applicable terms and conditions.
vii.
Bed and breakfast.
viii.
Assisted living facilities.
2.
Unrestricted uses accessory.
i.
Home occupations as defined above.
ii.
Private garages.
iii.
Private swimming pools and cabanas.
iv.
Accessory dwelling units and garage apartments, detached or attached.
v.
Customary accessory uses and structures incidental to one or more permitted uses and structures. Illustrative uses include household animals, not kept for commercial sale, boat docks, piers, boat houses, boat shelters, air conditioning compressors, pool equipment, non-commercial green houses and plant nurseries, and fences, walls and hedges.
3.
Special exception uses.
i.
Churches, synagogues, or other houses of worship.
ii.
Private, social, recreational, or fraternal clubs or organizations.
iii.
Public or private schools.
4.
Minimum lot requirements.
i.
Single-family and two-family dwellings:
Minimum lot width: 50 feet.
Minimum lot area: 8,712 square feet.
ii.
Townhouses (not to exceed a net density of five units per acre):
Minimum interior lot width: 20 feet.
Minimum exterior lot width: 30 feet.
Minimum interior lot area: 2,500 square feet.
Minimum exterior lot area: 3,500 square feet.
iii.
Multifamily dwellings (not to exceed a net density of five units per acre):
Minimum lot width: 100 feet.
Minimum lot area: 8,712 square feet plus 5,500 square feet for each dwelling unit in excess of two.
5.
Minimum yard requirements.
i.
Single-family and two-family dwellings:
Front yard: 20 feet.
Side yard: Ten feet or 15 percent, whichever is smaller.
Rear yard: Ten feet.
ii.
Townhouses:
Front yard: 20 feet.
Side yard interior unit: Zero feet.
Side yard exterior unit: 15 feet.
Rear yard: 20 feet.
iii.
Multifamily dwellings:
Front yard: 20 feet.
Side yard: 20 feet.
Rear yard: 20 feet.
(2)
CG—General Commercial District. The provisions of the general commercial district are intended to serve the general commercial needs of the citizens and tourists. This district is intended for activities that are predominantly associated with the sale, rental, and distribution of products or the performance of service. Commercial land uses shall be buffered (i.e., sight access, noise) from adjacent land uses of lesser density or intensity of use. Commercial land use shall be developed at an intensity of use, as measured by impervious surface, at no more than 80 percent of the parcel. The maximum height of structures shall not exceed 40 feet.
a.
Unrestricted uses.
1.
Motels and hotels.
2.
Restaurants with or without drive through facilities, cocktail lounges and bars.
3.
Gift shops and specialty food stores.
4.
Grocery stores, supermarkets.
5.
Regional shopping centers including discount supercenters, big-box retailers, building supply centers and farm or garden supply sales.
6.
Retail sales and service establishments including but not limited to appliance sales, appliance repair/service, electronics sales and repair, small engine sales and service shops, vehicle sales, automotive service shops, car wash facilities, automobile oil change facilities, tire service centers, financial institutions with or without drive through facilities; convenience stores with or without gas pumps, pharmacies with or without drive through facilities, veterinary offices enclosed within a sound proof building and limited outside runs, kennels and other animal boarding facilities with limited outside runs, child care, adult day care, or child nurseries.
7.
General office buildings including medical or clinics with scheduled and emergency services: medical laboratories and professional offices. This does not include hospitals or other healthcare facilities that provide overnight lodging.
8.
Commercial recreational entertainment facilities including but not limited to gyms and health clubs, archery facilities, billiards and pool parlors.
9.
Public administrative facilities including governmental branch offices, and libraries.
10.
Essential public services and facilities.
11.
Private, social, recreational, or fraternal organizations including libraries, museums, community centers, active and passive parks
b.
Unrestricted uses accessory.
1.
Off street automotive parking.
2.
Cocktail lounges and bars which are accessory to and within a motel, hotel, or restaurant.
3.
Residential uses accessory to a principal use.
4.
Customary uses and structures clearly incidental to one or more permitted uses and structures. Illustrative uses air conditioning compressors and fences, walls and hedges.
5.
Temporary structures including carnivals, circuses, and other temporary commercial amusement activities and religious gatherings for special events of a temporary nature with the town council establishing the period for which such events shall begin and end.
c.
Reserved.
d.
Minimum lot requirements.
1.
Minimum lot width: 50 feet.
2.
Minimum lot area: 10,000 square feet.
e.
Minimum yard requirements.
1.
Minimum front yard: 20 feet.
2.
Minimum side yard: Ten feet.
3.
Minimum rear yard: Ten feet.
(3)
IG—General Industrial District. The general industrial district provides for activities that are predominantly associated with the manufacturing, assembly, processing, or storage of products in a variety of land use intensities. Industrial land uses must be buffered (i.e., sight, access, noise) from adjacent land uses of lesser density or intensity of use. Industrial land use shall be developed at an intensity of use, as measured by impervious surface, at no more than 90 percent of the parcel. The maximum height of structures shall not exceed 40 feet.
a.
Unrestricted uses.
1.
All land uses permitted in the residential and commercial zoning districts.
2.
Warehousing, wholesaling, distribution, and similar uses.
3.
Light manufacturing, fabrication, assembling of components.
4.
Display rooms, contractor storage facilities including limited accessory retail or wholesale uses of products produced or assembled on site, manufactured by the same company or subsidiary elsewhere and the retails sales are clearly accessory to the industrial use on the same lot.
5.
Outdoor parking of trucks over 5,000 pounds gross weight.
6.
Essential services: Sanitary sewer plant.
b.
Unrestricted uses accessory.
1.
Mobile home structure used as guard or security shelter.
2.
Vehicle repair facilities.
3.
Off street automotive parking.
4.
Customary uses and structures clearly incidental to one or more permitted uses and structures. Illustrative uses air conditioning compressors and fences, walls and hedges.
c.
Minimum lot requirements. None.
d.
Minimum yard requirements.
1.
Minimum front yard: 20 feet.
2.
Minimum side yard: Ten feet.
3.
Minimum rear yard: Ten feet.
(4)
MU — Mixed Use District. This district provides for a combination of at least two or more uses on a unified site plan. Uses may be grouped vertically, horizontally, or some combination thereof. Development within this district is functionally integrated, including shared vehicular, pedestrian access, and public spaces.
(5)
AGR—Agricultural District. Lands included in the agricultural district are those intended for their primary use to be as follows: pasture, grove operations, silviculture, row crops or other similar use. It is intended that these lands be developed with agricultural or silvicultural uses in accord with generally approved best management practices (BMPs).
Where agricultural land use occurs in wetland or flood-prone areas, it must apply BMPs in order to preserve the character of the soil and maintain the area's ability to function as a water retention area for stormwater runoff. Development shall not exceed one unit per five acres. Development at a greater density may be assigned through amending the future land use element and future land use map following procedures prescribed in F.S. §§ 163.3184, 163.3187.
Parcels of property exceeding five acres in size located within agricultural land use may be subdivided into a minimum of five acre parcels and developed as residential property when occupied by members of the owner's immediate family (parents, siblings, children, and grandchildren of the owner or owner's spouse) and providing the parent parcel is maintained at five acres.
a.
Unrestricted uses.
1.
All land uses that are agricultural in nature, including, but not limited to, pastures, grove operations, silviculture, row crops, horticultural operations, specialty farms, silviculture areas, agribusiness operations and nurseries.
2.
Indoor and outdoor storage of equipment and supplies. This includes such buildings and sheds for the storage of equipment and supplies required for agricultural operations.
3.
Uses supportive of the agricultural industry such as hunt clubs, saddle clubs, riding academies, boarding sables, shooting ranges and veterinary offices and animal hospitals.
4.
Structures for the retail sale of agricultural products grown on the property.
5.
Rural commercial retail sales including farm and garden supply stores, bait and tackle and general supplies.
6.
Public administrative facilities including governmental branch offices, and libraries.
7.
Essential public services and facilities including but not limited to police and fire stations, emergency medical facilities, water and wastewater treatment facilities.
8.
Private, social, recreational, or fraternal clubs or organizations including libraries, museums, community centers, active and passive parks.
9.
Single-family homes for owners of the property at a development density that shall not exceed one unit per five acres and shall meet low-density residential district development standards.
b.
Unrestricted uses accessory.
1.
Off street automotive parking.
2.
Residential uses accessory to a principal use including accessory dwelling units such as garage apartments, cottages, and in-law suites.
3.
Customary uses and structures clearly incidental to one or more permitted uses and structures. Illustrative uses include all uses described in subsection (a)(1)c., except where permitted use conflict or apply strictly to residential districts.
c.
Special exception uses.
1.
Churches, synagogues, or other houses of worship.
2.
Public or private schools.
3.
Retreats and bed and breakfast establishments.
4.
Parcels of property exceeding five acres in size located within agriculture land use may be subdivided into a minimum of five acre parcels and developed as residential property when occupied by members of the owner's immediate family (parents, sibling, children, grandchildren of the owner or owner's spouse) and providing the parent parcel is maintained at five acres.
(6)
RC—Recreation. Land designated for recreation is intended for a variety of leisure time activities. Included in this land use classification are both resource-based and activity-based sites and facilities. Resource-based sites and facilities are oriented toward natural resources; activity-based sites and facilities are those that require major development for the enjoyment of a particular activity. Activity-based sites and facilities include ball fields, golf courses, tennis courts, etc.; resource-based facilities include lakes, trails, picnic areas, etc.
New recreational facilities must be sited in locations which are compatible or can be made compatible with adjacent land uses.
Impervious surface land coverage of recreational land use shall not exceed 50 percent for active recreational development; ten percent for passive recreational development.
(7)
PBG—Public Buildings and Grounds. Lands designated in this category of use are intended for the construction of schools, hospitals, churches and governmental buildings. The intensity of development permitted for this category of land use, as measured by impervious surface, shall not exceed 65 percent. The maximum height of structures shall not exceed 50 feet.
(8)
OPF—Other Public Facilities. Lands designed as other public facilities are intended for use as potable water, sanitary sewer treatment facilities, transportation, stormwater or drainage control structures, etc.
The intensity of development permitted for this land use coverage depends upon the type of use. For example, roads may cover 100 percent of the land area with impervious surface while water or sanitary sewer plants, as measured by impervious surface may cover up to 65 percent of the land area. The maximum height of structures in this land use category shall not exceed 50 feet.
(9)
CON—Conservation. As shown on the future land use map, conservation land use includes public and private land and typically covers Lake Broward and lesser lake sites within the town limits including associated wetlands. Only construction directly related to water activities shall be permitted on or above the land surface. Examples of permitted uses include a walkways, docks, fishing pier, swimming float or boathouse.
Conservation land in private ownership may develop single-family homes at a development density that shall not exceed one unit per five acres with the development clustered on the upland portion of the site meeting the low-density residential district development standards.
(10)
PUD—Planned Unit Developments. Typical uses of the PUD may be to improve the use of land where topography does not permit the application of the standard grid pattern subdivision of land, to introduce more than one land use within a development complex (i.e., recreation and commercial activities within a mobile home park), or to cluster homes, businesses, or other uses within a development in order to improve the efficiency of supporting the infrastructure.
(d)
Description of temporary uses.
(1)
Allowable temporary use, all zoning districts. Temporary housing may be placed when permanent structures are damaged by natural disaster, accidental fire or other disastrous force. Recreational vehicles may be permitted as such emergency housing for living or sleeping quarters with no connections other than electrical. Temporary emergency housing shall not exceed 60 days per year per parcel.
(2)
Allowable temporary uses, all non-residential districts. The following temporary uses may be allowable in any non-residential zoning district, which does not allow such use by right.
a.
Temporary structures including carnivals, circuses, and other temporary commercial amusement activities and religious gatherings for special events of a temporary nature with the town council establishing the period for which such events shall begin and end.
b.
Outdoor seasonal sales (temporary seasonal uses i.e., Christmas tree sales, pumpkin sales, firework, plant sales and similar fresh produce sales including U-Pick farms), with the town council establishing the period for which such events shall begin and end.
c.
Farmer markets, bazaars, and substantially similar activities, which primarily sell arts, crafts, and local food products, with the town council establishing the period for which such events shall begin and end.
d.
Temporary antenna support facilities may be placed by a governmental entity to provide emergency wireless communication service.
e.
Temporary antenna support facilities for a special event, not exceeding ten days.
(Ord. No. 2015-06, § 11, 2-9-2016; Ord. No. 2016-12, § 1, 7-12-2016)