TOWN OF DAVIE

PLANNING & ZONING DIVISION

6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399

Phone: 954.797.1103 www.davie-fl.gov

PZM_2018_06_(ZBTXT17-097_Code_Amendment_9).docx Pg. 1 of 1

MEMORANDUM

TO: Planning and Zoning Board

THROUGH: David Quigley, Planning & Zoning Manager

FROM:

DATE:

SUBJECT:

David Abramson, Deputy Planning & Zoning Manager

February 9, 2018

Ordinance to Amend the Land Development Regulations ZBTXT17-097

Background

The proposed ordinance is intended to address various issues as set forth in the attached

summary. Please do not hesitate to contact me prior to the hearing if you have any questions on

this matter.

Recommendation

Find that the proposed ordinance is consistent with and furthers the Town’s comprehensive plan

and make such recommendation to Town Council.

Page 1 of 3  

FEBRUARY 9, 2018

A SUMMARY OF VARIOUS CODE AMENDMENTS TO THE LAND DEVELOPMENT CODE

No. Section Subject Issue Proposal 1 12-21

Zoning Districts Grouping of unrelated zoning districts and missing

acronyms for zoning districts Reformat zoning districts and provide acronyms that are missing

2 12-24 (J)(K)(L)

Statement of purpose and intent of zoning districts

Nonresidential uses are denoted within the Commercial Conservation Districts, however the Residential/Office (RO) District allows for residential use

Remove the term “Nonresidential” and “Heavy Commercial (C1) District”; as well as, reformat the zoning districts and provide acronyms that are missing

3 12-32(B) Permitted Uses 1. Conditionally allows “Residential Uses” within most commercial zoning districts

2. Conditionally allows “Service Stations” in the B-3 District; however, such use is considered “Motor Fuel Pumps” and is provided in the table of permitted uses

1. Limit “Residential Uses” to the Residential/Office (RO) District

2. Remove the use of “Service Station” from the table of permitted uses

4 12-32(D) Permitted Uses “Education, adult for-profit” uses are permitted within the Community Facility (CF) District

Exclude “Education, adult for-profit” within the said district. The Town has ample land suitably zoned for for-profit facilities in commercial areas

5 12-33(A) Portable storage units for residential uses

Currently a “permit” is required but such units are not normally subject to a building permit and no other Town permit system has been created. Other clarifications are also needed. A permit system is impractical for such temporary uses. Instead, the code should have clear standards that are easily enforced if exceeded by the landowner. Storage facilities for uses other than single family homes are best addressed through temporary use permit or similar approval.

Clarify that one portable storage unit is permitted on a driveway (or similar paved area) on a single family lot for a maximum of 30 days per calendar year

6 12-33(Y) Pond or Lake Structures are required to be set back 20ft. from the top-of-bank of a body of water

Allow the appropriate drainage district and/or the Town Engineer to determine if a setback is required from a body of water

7 12-34(V)

Residential Office (RO) District

- Move the maximum density of five (5) dwelling units per acre provision to this section

8 12-34(W) Cross Ref. (12-32(B))

Residential Use of Non-residentially Zoned Property

Residential uses are conditionally permitted within commercial and industrial zoning districts to allow for a watchman's or caretaker's quarters

Repeal this provision and instead rely on the special permit process to consider such uses on a case-by-case basis.

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No. Section Subject Issue Proposal 9 12-34(Y)

Cross Ref. (12-32(B)) (12-262)

(12-435.6) (12-503)

Service Stations "Motor Fuel Pump" and "Vehicle Repair" were added to the code, but the concept of "Service Station" was not properly disposed of

Remove the “Service Station” term

10 12-34(RR) Airports Heliports are allowed in the RAC-AV District with certain conditions and through a special permit

Allow helipads within the RAC-AV without a special permit but only as an accessory to a hospital having a Certificate of Need pursuant to state statues

11 12-80 Purpose References development standard for specific uses Reformat development standards section 12 12-81

Residential, neighborhood conservation and mobile homes standards

- -

13 12-81B

Mobile Home Development Standards

- -

14 12-81B

Multifamily Residential Districts

- -

15 12-83

Commercial Conservation Standards

- -

16 12-111 (A)(5)

Landscaping standards for lots and sites

Landscape buffers are to be provided for residential lots adjacent to any type of street

Make an exception for internal residential community roadways and not require such buffer

17 12-104(B) Landscape Plan Requirements

Landscape plans are required to be signed and sealed by a landscape architect

Change the term “shall” to “should” be signed and sealed. This is to ensure consistency with FS 481.329 (4) & (5)

18 12-113 Sight distance for landscaping adjacent to public rights-of-way and points of access

The current standard is overly restrictive when applied to single family lots on local streets

Provide diagrams of sight triangle options and allow a dimensional reduction of a sight distance triangle for single-family homes

19 12-205(j) Functional elements of on-site circulation system

Truck circulation is to consist of a width of 24ft. even if aisle is one-way

Provide a minimum of 15ft. wide aisle/drive if determined sufficient the Fire Marshall

20 12-311 Amendment Procedure Utilization of flexibility is not processed as change of land use plan

Require a formal amendment to the Town's Comprehensive Plan

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No. Section Subject Issue Proposal 21 12-306(E) Processing While mailing lists are compiled by the Town, the

actual mailing of Public Participation and Public Hearing meeting notices is the responsibility of an applicant

Change the code to ensure that public hearings are noticed to ensure that Town staff is responsible for Public Hearing notices

22 12-307 Review for Rezonings Certain planning and development proposals, including land use amendments, and the utilization of flexibility requires a super-majority vote by Council

Require a super-majority vote of Council for any rezoning. Town Council's direction was to require a super-majority in cases where a rezoning increases the intensity of a parcel, but Staff is recommending that all rezonings require super-majority simply to eliminate any confusion and to ensure that the required super-majority is understood at the time of application

23 12-309 Review for Variances - Require a super-majority vote for the reduction of minimum lot size requirements

24 12-310 Review of vacation or abandonments of right-of way

The code criteria for a vacation of right-of-way is limited

Provide criteria that considers certain impacts relating to the vacation including drainage, pedestrian easements, roadway network, etc.

25 12-369 Projects excluded from site plan review

This section exempts the construction of one single-family residence from the site plan approval process but the method of ensuring that the exception is not used multiple times on the same lot (a letter of intent regarding the use of the remainder of the lot) is not effective

Eliminate the "letter of intent" requirement" but clarify that the site plan exception may only be used one time per lawfully established lot

26 12-394.4 Neighborhood Site Design Standards

The code references a “graphic” for the East Side Neighborhood Zoning District (ESNZD) development standards that is no longer legible

Add the graphic to this section

27 12-438.27 Definitions (RAC) Parking lot, rental use within the RAC is not defined

Add definition with certain conditions

28 12-503 Definitions Bakery use is not defined Provide the definition of a bakery and noting such use is not considered a food processing facility

 

 

EXHIBIT “A” CHAPTER 12 – LAND DEVELOPMENT CODE ARTICLE II. – ESTABLISHMENT OF ZONING DISTRICTS AND LAND USES Division 1. - GENERALLY Sec. 12-21. - Zoning districts. For the purpose of this chapter, land and water areas in the Town of Davie are zoned in accord with zoning districts, which are designated as follows: (A) Agriculture (AG) District. (B) Suburban (S) District. (C) Suburban Commercial (SC) District. (D) Urban Commercial (UC) District. (E) Freeway Business (FB) District. (F) Business Park (BP) District. (G) Transportation (T) District.

Regional Activity Center-Academical Village (RAC-AV) District. (H) Neighborhood Conservation Districts.:

Residential Single-Family Home: (1) RR Rural Ranches (RR) District. (2) A-1 Agricultural (A-1) District. (3) R-1 Estate Dwelling (R-1) District. (4) R-2 Low Density Dwelling (R-2) District. (5) R-3 Low Density Dwelling (R-3) District. (6) R-4 Low Medium Dwelling (R-4) District. (7) R-5 Low Medium Dwelling (R-5) District. PRD Planned Residential Development District. Residential Multifamily Home: (1) RM-5 Low Medium Dwelling (RM-5) District. (2) RM-8 Medium Dwelling (RM-8) District. (3) RM-10 Medium Dwelling (RM-10) District. (4) RM-12 Medium High Dwelling (RM-12) District. (5) RM-16 Medium High Dwelling (RM-16) District. (6) RM-22 High Dwelling (RM-22) District.

Mobile Home: (1) MH-1 Mobile Home Residential (MH-1) District. (2) MH-3 Mobile Home Residential (MH-3) District. (3) MH-5 Mobile Home Residential (MH-5) District. (4) MH-8 Mobile Home Residential (MH-8) District. (5) MH-10 Mobile Home Residential (MH-10) District.

(I) Commercial Conservation Districts.: Residential/Office District. Office District. Commerce Center District. (1) Neighborhood Business (B-1) District. (2) Community Business (B-2) District. Community Business Marine District. (3) Planned Business Center (B-3) District. (4) Office (O) District. (5) Commerce Center (CC) District. (6) Heavy Commercial (C1) District.

 

 

(7) Residential/Office (RO) District. (8) Community Business Marine (B-2M) District.

(J) Industrial Districts. (1) Light Industrial (M-1) District. (2) Medium Industrial (M-2) District. (3) Planned Industrial Park (M-3) District.

(K) Recreational, Community Facilities and Utilities Districts. Heavy Commercial District. Utilities District. Neighborhood Community Facilities District. Community Facilities District. Planned Community Facilities District. (1) Recreation/Open Space (RS) District. (2) Commercial Recreation (CR) District. (3) Neighborhood Community Facilities (NCF) District. (4) Community Facilities (CF) District. (5) Utilities (U) District.

The districts defined in the previous Town of Davie Zoning Ordinance are contained within the designations noted above.

Sec. 12-24. - Statement of purpose and intent of zoning districts. (J) Commercial Conservation Districts: These districts are intended to preserve the character of

existing nonresidential or commercial areas, neighborhoods and developments either in existence or under construction at the time of adoption of this chapter. The district is the nonresidential or commercial version of the Neighborhood Conservation District. The district permits these areas to continue to develop in nonresidential or commercial uses but requires better landscaping and vehicular access control. The development standards are also intended to promote the upgrading of existing land uses. (1) Residential/Office (RO) District. The RO District is intended to implement the

residential/office classification of the Town of Davie Comprehensive Plan by providing a buffer of professional offices and mixed residential and office development to surrounding residential areas. The intent of this district is to maintain the residential character of the neighborhood while permitting the development of professional offices.

(2) Office (O) District. The O District is intended to implement the office classification of the Town of Davie Comprehensive Plan by providing encouragement toward the development of a business and research office park with complimentary retail and service uses in an open and attractive manner.

(3) Commerce Center (CC) District. The CC District is intended to implement the commerce/office classification of the Town of Davie Comprehensive Plan by providing for development of office, research, business and light industrial complexes at suitable locations throughout the town. A commerce center development may serve as a major source of employment and will complement the appearance and welfare of the town. This district contains regulations designed to promote flexibility in planning and design.

(4) Neighborhood Business (B-1) District. The B-1 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to service the local neighborhood shopping and personal service needs of a limited surrounding residential area. Retail stores permitted herein are intended to

 

 

include mainly convenience goods which are usually a daily necessity for a residential neighborhood.

(5) Community Business (B-2) District. The B-2 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to service the shopping and limited service needs of several neighborhoods or the local community. Retail stores are intended to include convenience, fashion and durable goods.

(5.1) Community Business Marine (B-2M) District. The B-2M District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing limited commercial marine services as well as residential and other shopping and service needs in a manner which is not in conflict with commercial marine services. Compatible residential is also allowed by special permit.

(6) Planned Business Center (B-3) District. The B-3 District is intended to implement the commercial designation of the Town of Davie Comprehensive Plan by providing for a business area to meet the shopping and service needs of large sections of the town or metropolitan areas. Such business generally requires considerable ground area, do not cater directly to pedestrians, and need a conspicuous and accessible location convenient for motorists.

(K) Industrial Districts.

(7)(1) Light Industrial (M-1) District. The M-1 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for light industrial uses, such as research, development or fabrication of products, which make use of processes not likely to be objectionable to neighborhood properties because of noise, vibration, odors, smoke, air pollution, or other physical manifestations.

(8)(2) Medium Industrial (M-2) District. The M-2 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for medium industrial uses which, by their inherent nature or by virtue of the materials used, processes utilized or products produced, may involve some characteristics objectionable to or incompatible with residential areas. Hence, M-2 districts are not intended for locations abutting residential property.

(9)(3) Planned Industrial Park (M-3) District. The M-3 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for planned industrial parks which can accommodate light, medium or selected heavier industrial uses in an open, uncrowded and attractive manner through limitations on setbacks and coverage, and for other permitted uses. M-3 Districts are not intended for locations abutting residential property.

(10) Heavy Commercial (C1) District. The C1 District shall be applicable only in those areas within the corporate boundaries of Davie that lie between the Florida Turnpike and the easternmost boundary of the town. This area shall be known as the Davie Industrial District. The C1 District is intended to implement intensive commercial development, certain repair and other services, wholesale, storage and warehouse uses, and sales of large or heavy machinery and equipment in lands designated commercial on the Land Use Plan. This district is not intended for application in residential areas and does not cater to pedestrian trade.

 

 

(L) Recreational, Community Facilities and Utilities Districts. (11)(1) Utilities (U) District. The U District is intended to implement the utilities

classification of the Town of Davie Comprehensive Plan by providing areas for the location and expansion of water, wastewater, communication and power facilities, and solid waste disposal sites.

(12)(2) Neighborhood Community Facilities (NCF) District. The NCF District is intended to implement the community facilities classification of the Town of Davie Comprehensive Plan by providing areas for location of community facilities in close proximity to residential neighborhoods. The NCF District may be applied to lands outside the community facilities classification as may be otherwise consistent with the Comprehensive Plan, provided that any new NCF area must either be served by an existing central sewer system (not an on-site disposal system) at the time of such designation. or the extension of such service must be included in the 5-Year Capital Improvement Program with an identified funding source.

(13)(3) Community Facilities (CF) District. The CF District is intended to implement the community facilities classification of the Town of Davie Comprehensive Plan by providing areas for location of community facilities. The CF District may be applied to lands outside the community facilities classification as may be otherwise consistent with the Comprehensive Plan, provided that any new CF area must either be served by an existing central sewer system (not an on-site disposal system) at the time of such designation, or the extension of such service must be included in the 5-Year Capital Improvement Program with an identified funding source.

(14) (Reserved) (15)(4) Recreation/Open Space (RS) District. The RS District is intended to implement the

parks and recreation classification of the Town of Davie Comprehensive Plan by providing areas for the development of nonprofit active or passive recreational facilities and the preservation of open space.

(16)(5) Commercial Recreation (CR) District. The CR District is intended to implement the commercial recreation classification of the Town of Davie Comprehensive Plan by providing areas for the development of commercial recreational facilities.

ARTICLE III. – USE REGULATIONS DIVISION 1. – PERMITTED USES Sec. 12-32. - Permitted uses. The tables set forth in this section indicate the permitted uses for each district. Where possible, the tables identify uses which have specific standards, such as minimum lot sizes or special setback requirements. All uses, however, are subject to the general and specific provisions of this article. The meaning of the table notations is as follows:

P = Permitted use in the district N = Not a permitted use in the district * = Conditionally permitted subject to the specific standards set forth in section 12-34.

(B) Commercial, Office and Business Districts:

Permitted Uses SC & B-1

WT & B-2

UC & B-3 O FB CC C1 RO B-2M

Residential Uses *N N *N N *N *N *N * N

Services Stations N N * N N N * N N

 

 

Watchman’s Apartment * N * N N * * N N (C) Business Park and Industrial Districts: Permitted Uses BP M-1 M-2 M-3 Watchman’s Apartment * * * * (D) Recreational, Community Facilities and Utilities Districts: Permitted Uses RS CR NCF CF U Education, adult for-profit N N N *N N Watchman’s Apartment N N * * N ARTICLE III. - USE REGULATIONS DIVISION 2. - GENERAL REGULATIONS Sec. 12-33. - General regulations (A) Accessory Uses and Structures:

(11) Temporary storage structures. (a) For purposes of this section, "temporary storage structure" shall mean a structure

designed and used primarily for storage of building materials (before they are utilized in the building process), household goods, and other such material for use on the property where the unit is placed, that is not intended to remain on the site permanently. These are typically used when people move, when they engage in interior decorating, or when they utilize off-site storage facilities.

(b) Not included in this section shall be all storage structures in active construction zones. On any site where there is an active building permit, the number of temporary storage structures, location, and amount of time will be determined by the city building official in the exercise of his or her discretion given consideration of the need for storage, alternative methods of storage, site constraints, character of the area, and level of construction activity (the units placement on property is intended to be limited to times of active construction which is not intended to last more than thirty (30) days). This supplements the building official's authority under the Florida Building Code and the City Code of Ordinances.

(c) It shall be unlawful in the city for any person to place, or permit the placement of, a temporary storage structure on property without registering the temporary storage structure with the city's building department within the first twenty-four (24) hours following the initial placement. The registration may be made by either the person that owns, rents, occupies, or controls the property or the vendor that supplies the temporary storage structure. The registration shall be limited to a specific address and shall allow the installation at such address for a maximum of fourteen (14) consecutive days, including the days of delivery and removal. A one-time extension of a maximum of fourteen (14) consecutive days may be granted by the building department, which may as a condition of such extension, require the temporary storage structure to be placed in a side or rear yard, if access exists. Each residential property within the city shall be limited to a maximum of four (4) requests out of any calendar year, and a minimum of

 

 

fifteen (15) days shall elapse between the end of one (1) registration period and the beginning of another. Multiple units may be utilized per registration period, provided all of the units are delivered and removed simultaneously. A registration fee of twenty-five dollars ($25.00) shall be required. An extension fee of twenty-five dollars ($25.00) for any one-time extension shall be required. This fee is subject to increase as provided by City Code section 2-241. The registration shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, the address at which the temporary storage structure will be installed, and the location of the temporary storage structure on the property.

(d) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier or landowner to remove the temporary storage structure by providing at least twenty-four (24) hours' notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the supplier or landowner shall immediately remove the temporary storage structure after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier and landowner shall be jointly and severably liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to chapter 6, of this Code, in the amount of said costs in addition to a fine imposed pursuant to such chapter. The fact that the city has the right to enter the property and remove the temporary storage structure shall not create a duty by the city to do so. In the event the supplier or landowner fail to remove the temporary storage structure the supplier and landowner shall be jointly and severably in violation of the Code.

(e) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subsection (c) may be extended by the chief building official. An extension granted by the chief building official shall not extend beyond thirty (30) days including the time period set forth in the initial registration. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage.

(f) In residential areas or districts, temporary storage structures shall generally be placed only in a driveway or parking area or, if access exists at the side or rear of the site, the side or rear yard. The required parking space(s) shall at all times be maintained if temporary storage structures are placed in parking areas.

(g) In nonresidential areas or districts, temporary storage structure shall be prohibited. (h) The property owner of any site on which a temporary storage structure is placed, as

well as the temporary storage structure vendor, shall be responsible to ensure that the temporary storage structure is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks.

(i) A temporary storage structure shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary storage structure. However, the city may require proof of registration to be placed on the structure in a form acceptable by the city.

 

 

(j) The city may inspect the contents of any temporary storage structure at any reasonable time to ensure that it is not being used to store solid waste, construction or demolition debris, recyclable materials, business inventory or commercial goods, or used to store household materials or goods for property other than at the site where the unit is located (i.e., used for retail sales). No temporary storage structure shall be used for such purposes.

(k) This section may be enforced by the city code enforcement board or special master in accordance with chapter 6 of this Code, or by any other remedies now existing or subsequently provided for by law for the enforcement of municipal ordinances.

(11) Portable storage units for residential uses.

(a) For purposes of this paragraph (11), “portable storage unit” means a container no larger than eight (8) feet wide, sixteen (16) feet long and eight (8) feet high which is designed for temporary storage associated with a single family residential use, which is not permanently affixed to the ground and which easily transported by truck.

(b) Portable storage units shall be allowed only as follows: a. Location: Limited to lots having a single family detached dwelling with an

approved Certificate of Occupancy. Portable storage units shall be placed only in a driveway or other paved surface within the lot while maintaining all required clear sight triangles. Upon a showing of good cause, the Town Administrator or designee may approve, in writing, an alternate location which does not negatively impact trees or required landscaping or obstruct the free, convenient, and normal use of any easement.

b. Number: Maximum of one (1) portable storage unit per lot. c. Term: Maximum thirty (30) calendar days per calendar year, whether

consecutive or non-consecutive. d. Display of ownership: If rented or leased, the portable storage unit shall display

the name, address and phone number of the rental or leasing company. e. Maintenance and prohibition of hazardous materials: The landowner shall be

responsible for ensuring that the portable storage unit is in good condition, free from graffiti and evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances shall be stored or kept within the portable storage unit which exceed those allowed within a single family residential dwelling.

f. Removal: Notwithstanding the time limitations set forth herein, the Town Administrator or designee may direct the removal of portable storage units upon the declaration of a hurricane warning or similar event.

(c) All other portable storage units. Placement of a portable storage unit other than as set forth in paragraph (b), above, shall require Site Plan approval pursuant to Article XII or a Temporary Use Permit pursuant to Article X, Division 6.

 

 

(d) Homeowners associations. Landowners considering placement of a portable storage unit are encouraged to ensure compliance with the requirements of any applicable homeowner association.

(Y) Pond or Lake. A pond or lake shall be subject to a minimum twenty-foot setback from all property

lines or structures. Setback area shall be measured from top-of-bank of the water body and shall be subject to a maximum slope of one-foot vertical to twenty (20) feet horizontal distance. Fill shall not be removed from property except as pursuant to the conditions of section 12-33(L) of this article.Reserved.

DIVISION 3. – STANDARDS FOR SPECIFIC USES Sec. 12-34. – Standards for specific uses. (V) Residential Office (RO) District:

(1) Residential buildings constructed within the RO district shall be limited to the following styles: single-family detached dwellings, duplex dwellings and townhouse dwellings.

(2) Buildings constructed in the RO district for non-residential uses or for a mix of residential and non-residential uses shall be limited as follows: (a) Drive-thru windows, including vehicular stacking lanes, are prohibited except in

the rear yard and window or stacking lanes shall be visually screened from the public right-of-way.

(b) Each building shall be designed to resemble a residential structure. At a minimum, each building shall have a peak roof (e.g., hip or gable), front-facing windows and prominent front entry doors with covered entrance.

(3) Residential development within the RO district is limited to a maximum density of five (5) dwelling units per acre.

(W) Residential Use of Nonresidentially Zoned Property:Reserved.

(1) Residential development in the RO district is limited to a maximum density as permitted by the underlying residential designation on the Future Land Use Plan Map, in no event to exceed five (5) dwelling units per acre.

(2) The residential use of property zoned CC, B-1, M-1, M-2, M3, C1, or FB shall be limited to the following: (a) One (1) accessory residence may be permitted in conjunction with a permitted

on-site use. (b) The residence shall be for the exclusive use of a caretaker, night watchman or on-

call attendant, and shall be clearly ancillary and incidental to the principal use of the property.

(Y) Service Stations and Motor Fuel Pump Islands: The location of service stations and a motor fuel

pump islands as a primary or an accessory use shall be subject to the following limitations and restrictions: (1) Street frontage and area. A lot to be occupied by a service station or pump islands shall not

have less than one hundred fifty (150) feet street frontage with an area of not less than forty-three thousand five hundred sixty (43,560) square feet.

 

 

(2) Location of service stations Separation. There shall be a minimum distance of two hundred fifty (250) feet, shortest airline measurement, between the nearest points on any lot to be occupied for fuel pump islands and/or service station purposes and any lot which is occupied by a church, excluding store front houses of worship detached place of public assembly, playground, playfield, hospital, elementary school, middle school K to 12, zoned, or land use plan designated residential. The application shall furnish a certified survey from a land surveyor registered in the State of Florida, indicating the distance between the proposed facility and any applicable above uses.

(3) Clearances required. Motor fuel pumps shall be located not less than twenty-five (25) feet from any street line or property line, or other fuel pump islands.

(4) Driveways. There shall not be more than two (2) driveways for entrance and exit to a service station for each one hundred (100) feet, or major fraction thereof, of lot frontage on any street. There shall be at least fifteen (15) feet of landscaped area between any two (2) driveways, measured along the street line; driveways shall be at least twenty (20) feet from a private property line unless located within a joint access easement, or alley line or intersection of street lines of corner lots and shall not exceed thirty-five (35) feet in width. Driveways providing ingress and egress from a property to public streets shall be no wider than thirty-five (35) feet.

(5) Signs. Signage may be permitted pursuant to regulations applicable to the site and contained in Division 1 of Article VIII of this Chapter.

(RR) Airports.

(1) Definitions. For purposes of this sub-section (RR), the following terms shall have the meanings set forth below:

(a) Airport. A facility used to facilitate the take-off and landing of aircraft, which may include accessory uses and structures such as administrative offices, runways, taxiways, communication and visual guidance systems and areas for the storage and maintenance of aircraft.

(b) Airport, general aviation. An airport encompassing all facets of civil aviation except air carriers holding a certificate of public convenience and necessity from the Federal Aviation Administration and large aircraft commercial operators or regularly scheduled commercial operators.

(c) Airport, private. An airport, publicly or privately owned, which is not a general aviation airport or agricultural airport as defined in this sub-section (RR), which is not open or available for use by the public but which may be made available to others by invitation of the owner or manager.

(d) Airport, agricultural. An airport on a parcel determined to be a farm pursuant to F.S. § 193.461, restricted to the use of the landowner and the invited guests of the landowner, for the sole purpose of supporting a bona fide agricultural use on the same parcel, such as, but not limited to, aerial application of pesticide.

(e) Heliport/helistop. A facility used to facilitate the take-off and landing of helicopters, which may include accessory uses and structures such as administrative offices and areas for the storage and maintenance of aircraft.

(2) General provisions.

 

 

(a) All airports, as defined in section 12-503, whether for public or private use, shall comply with the provisions of this section. Airports of any type which are not specifically indicated as a permitted use in this sub-section (RR) are hereby prohibited.

(b) This section is not intended to regulate the use of remote-controlled or unmanned aircraft for non-commercial purposes or any incidental use of aircraft by a public agency for purposes of ensuring public safety or providing emergency medical response.

(c) In addition to any Town Code requirements, all airports shall be required to comply with applicable state and federal requirements relating to registration, site approval, licensing and inspection.

(d) No airport shall be established in any manner which would adversely impact airspace at any existing public, private or military airport.

(3) General Aviation airports. General aviation airports shall be prohibited within the municipal boundaries of the Town of Davie.

(4) Heliport/helistop: Allowed only by way of a special permit pursuant to article X, in the CF or RAC-AV zoning districts, on a minimum five (5) acre lot, as an accessory use to a public emergency service agency or a hospital which is subject to a "certificate of need" pursuant to F.S. Ch. 408.A heliport/helistop shall only be permitted as set forth in this paragraph. (a) In the RAC-AV district, a heliport/helistop is permitted on a minimum five (5) acre lot

as an accessory use to a hospital which is subject to a “certificate of need” pursuant to Ch. 408, Florida Statutes, where such facility is for the exclusive use of the hospital facility.

(b) In the CF district, a heliport/helistop may be permitted as an accessory use to a public emergency service agency by way of a special permit pursuant to Article X of this chapter, on a minimum five (5) acre lot.

(5) Agricultural airport. Allowed only in the AG zoning district on a minimum thirty (30) acre lot.

(6) Private airport. Private airports shall be prohibited within the municipal boundaries of the Town of Davie.

ARTICLE V. – DEVELOPMENT STANDARDS DIVISION 1. – GENERALLY Sec. 12-80. – Purpose. The purpose of this article is to provide the standards that apply to individual uses. These include basic development standards which apply to commercial, office, single-family, open space and mixed use developments as they are related to the different zoning districts. The purpose of this article is to establish development standards that ensures compatibility of uses of land and water, while maintaining property values and open spaces. DIVISION 2. – CONVENTIONAL SINGLE-FAMILY AND MOBILE HOME DEVELOPMENT STANDARDS Sec. 12-81. – Residential/Agricultural Districts., neighborhood conservation and mobile home standards.

 

 

Table 12-81A presents the development standards that govern the construction of single-family dwelling units in the residential districts. Mobile home development standards are presented in Table 12-81B. TABLE 12-81A. CONVENTIONAL SINGLE-FAMILY DEVELOPMENT STANDARDS

District

Min. Lot

Area (sq. ft.)

Min. Lot

Frontage (ft.)

Minimum Yards Max. Height

(ft.)

Min. DU Fl. Area (sq.ft.)

Max. Bldg. Cover (ratio)

Front (ft.)

Side (ft.)

Rear (ft.)

RR 87,120*** 125 50 25 40 35 1500 0.20 AG 43,560* 150 40—50**** 35 35 35 2400 0.20 S 20,000* 90 30 15 25 35 1200 0.40

A-1 35,000* 140 40—50**** 30 35 35 2400 0.25 R-1 35,000* 125 30—40**** 25 30 35 2400 0.25 R-2 17,500* 100 30 15 25 35 1000 0.40 R-3 12,000* 100 30 15 25 35 1000 0.40 R-4 8,800* 85 25 10 15 35 1000 0.40 R-5 7,000* 75 25 10 15 35 1000** 0.40

* Net dry land area. ** In the Davie Chamber of Commerce Subdivision and the Davie Little Ranches Amended

Subdivision minimum size of a dwelling unit constructed to replace an existing dwelling unit shall be seven hundred (700) square feet.

*** 70,000 square feet of net dry land area required. (1) Incentives are provided to encourage innovative design. Such incentives are based on the

actual minimum lot size provided by the developer in each zoning category as provided for in section 12-288.

**** Setbacks shall provide a minimum ten-foot variation in front setback for adjacent houses. Setbacks shall be stated as such on the site plan. All lots specifically designated on land platted prior to the date of this chapter shall be exempt from the setback variation requirements.

TABLE 12-81B. MOBILE HOME DEVELOPMENT STANDARDS* Sec. 12-81.1 Mobile Home Districts*.

District Min. Lot

Area

Min. Lot Frontage

(ft.)

Min. Yards Max. Height

(ft.)

Max. BC

(ratio) Front (ft.)

Side (ft.)

Rear (ft.)

MH-1 30,000 125 35 25 40 35 0.10 MH-3 12,500 100 30 15 25 35 0.21 MH-5 7,000 70 15 10 15 15 0.35 MH-8 4,500 50 15 10 10 15 0.50

MH-10 3,600 45 15 10 10 15 0.55 *In all mobile home districts where a mobile home lot of record existed at the time the ordinance, from which this section was derived, was adopted and the placement of a mobile home was permissible on such lot of record prior to the adoption of these regulations, then such lot shall enjoy a vested right in and to permitted development standards existing under the mobile home district regulations at the time the lot

 

 

was of record. Note that some mobile home replacements may be governed by Article II, Division 5 of this code and/or Florida Statute 723.041. TABLE 12-81C. CONVENTIONAL MULTIFAMILY DEVELOPMENT STANDARDS Sec. 12-81.2 Multifamily Residential Districts.

District

Min. Lot

Area/ DU

Min. Lot

Frontage (ft.)

Front(ft.)

Rear (ft.)

Rear (ft.)

Max. Height

(ft.)

Min. DU

Floor Area (sq. ft.)

Max. Bldg.

Cover. (ratio)

Distance Between Bldgs.

RM-5 7,000 100 25 20 20 25 800 .40 20 RM-8 4,500 100 25 20 25 35 600* .40 20

RM-10 3,500 100 25 20 25 35 600* .40 20 RM-12 3,000 125 25 20 25 35 600* .40 20 RM-16 2,200 125 25 20 25 35 600* .40 20

RM-22** 20,000 125 25 20 1 25 2 55 500 .40 20 * Up to twenty (20) percent of the units may be four hundred (400) square feet.

1 Where a side setback is adjacent to residential development zoned for thirty-five (35) feet in height or less, any portion of the building in excess of forty (40) feet in height shall be set back one-half (½) the height at that location.

2 Where a rear setback is adjacent to a residential development zoned for thirty-five (35) feet in height or less, any portion of the building in excess of fifty (50) feet shall be set back one-half (½) the height at that location.

** Additional Regulations Applicable to RM-22 Property: Properties developed with a RM-22 zoning designation shall be designed to encourage pedestrian and bicycle use and shall be designed to facilitate access to mass transit. There shall be a system of internal pedestrian and bicycle areas within the development which provide access to public streets adjacent to the development. When feasible, a bus shelter shall be provided if the development is located on a roadway that has mass transit service with pickup and discharge locations adjacent to the development. Sidewalks shall be provided along all public streets and such sidewalks shall, when feasible, be landscaped with street trees and/or provide a landscape buffer along the street side of the sidewalk.

DIVISION 3. – NONRESIDENTIAL DEVELOPMENT STANDARDS Sec. 12-83. – Commercial Conservation Standards. Table 12-83 presents the development standards that govern the construction of structures in the Commercial Conservation zoning districts. TABLE 12-83. CONVENTIONAL NONRESIDENTIAL DEVELOPMENT STANDARDS Sec. 12-81.3 Commercial/Other Non-Residential Districts.

District

Min. Lot

Area (sf/ac)

Min. Lot

Frontage (ft.)

Min. Lot

Depth (ft.)

Min. Setbacks Max. Height (feet)

Max. Building Coverage

(ratio)

Min. Building

Separation (feet)

Min. Open Space (ratio)

Front(ft.)

Side (each)

Rear(ft.)

RO 17,500 100 — 25 20 20 25 ft. 40% — 30% O 5 ac. 165 — 30 30 30 45ft. 40% 20 30% CC 2 ac. 165 — 60 a 25 45 ft. 40% 25 30%** B-1 35,000 150 200 25 20 20 25 ft. 40% 8 30%

 

 

District

Min. Lot

Area (sf/ac)

Min. Lot

Frontage (ft.)

Min. Lot

Depth (ft.)

Min. Setbacks Max. Height (feet)

Max. Building Coverage

(ratio)

Min. Building

Separation (feet)

Min. Open Space (ratio)

Front(ft.)

Side (each)

Rear(ft.)

B-2 52,500 200 200 c c c 35 ft. 40% 10 30% B-2M 52,500 200 200 c c c 25 ft. 40% 10 30% B-3 43,560 150 250 d d d 35 ft. 40% 30 30% C-1 43,560 150 — d d d 35 ft. 40% 30 20% M-1 35,000 100 — e e e 35 ft. 40% — 20% M-2 35,000 100 — f f f 35 ft.*** 40% — 20% M-3 43,560 150 — g g g 35 ft. 40% — 20% U 43,560 — — 25 25 25 30 ft. 40% — 30% NCF 3 ac. 150 — 40 25 25 35 ft. 40% — 40% CF 5 ac. 100 — 50 25 25 35 ft. 40% — 30% RS 17,500 — — 25 25 25 25 ft. 20% — 65% CR 35,000 100 — 25 25 25 35 ft. 40% — 40% a Side setback is a minimum five (5) feet each side, maximum twenty-five (25) feet each side. The

total side setback requirement for both side lot lines combined shall equal ten (10) percent of the lot frontage.

b Property abutting an interstate or parkway with a minimum elevation of twenty-five (25) feet for at least fifty (50) percent of the abutting property shall be subject to the following: Average elevation of abutting roadway multiplied by a factor of 2.

c Twenty (20) feet on sides abutting residentially zoned properties and twenty-five (25) feet adjacent to public or private rights-of-way.

d Twenty-five (25) feet; except fifty (50) feet on sides abutting residentially zoned, occupied or Land Use Plan-designated properties.

e Twenty-five (25) feet from all street lines; fifty (50) feet for property lines adjacent to areas zoned, occupied or Land Use Plan designated residential; ten (10) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated for nonresidential use.

f Twenty-five (25) feet from all street lines; fifty (50) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated residential; ten (10) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated for nonresidential uses; one hundred twenty-five (125) feet from all property lines for the manufacture, storage or processing of concrete, cement and lime, and for heavy manufacturing, fabrication and industrial uses, excluding yacht manufacturing and repair.

g Twenty-five (25) feet from all street lines except recycling, scrap metal processing and automobile wrecking yards which shall be zero setback within the perimeter wall; fifty (50) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated residential; ten (10) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated for nonresidential uses; two hundred (200) feet from all property lines for the manufacture, storage or processing of concrete, cement and lime, and for heavy manufacturing, fabrication and industrial uses, except within the perimeter walls of recycling, scrap metal processing and automobile wrecking yards.

** The minimum OSR for vehicle, boat, truck and recreational vehicle sales and rentals in the CC

District is .35. *** The maximum height of all yacht manufacturing and repair, and marina structures shall not exceed

55 feet. All other structures for related yacht manufacturing and repair, and marina uses shall not exceed 40 feet in height.

 

 

ARTICLE VI. – SITE LANDSCAPING, TREE PRESERVATION AND LAND CLEARING DIVISION 1. – LANDSCAPING Sec. 12-104. - Landscape plan requirements. (A) Landscape plans submitted in accordance with section 12-372 shall include at a mimimum:

1. Same scale as the site plan, but no smaller than one (1) inch equals fifty (50) feet. 2. Existing trees to remain, to be relocated or removed, including size, condition, and disposition

for each non-invasive tree consistent with any mitigation provisions necessary to comply with divisions 3 and 4 of this article.

3. Existing trees, shrubs and site improvements on abutting properties within twenty-five (25) feet of the property, including overhead utility lines.

4. The location and outline of proposed buildings and site improvements, including existing hardscape features such as driveway(s) and sidewalk(s) as necessary.

5. Proposed and existing parking spaces to remain and other vehicular use areas, access aisles, driveways and sidewalks.

6. All existing and proposed easements, rights-of-way and drainage structures. 7. A table of data indicating required quantities and provided quantities of proposed plant

material, gross and net acreage, square feet of parking areas and buildings, number of trees to remain, number of trees to be relocated, and the number of trees to be removed.

8. Proposed plant list by symbol, quantity, botanical name, common name, size and specification, and degree of drought tolerance (as determined by the South Florida Water Managements District's Waterwise Guide, as amended) and indication of whether native to South Florida.

9. Site lighting. 10. Existing and proposed structures and water bodies or retention ponds including pools,

fountains, fences, and retaining wall(s). 11. Preliminary irrigation plan or note on plan indicating that an irrigation plan shall be submitted

for approval prior to issuance of a building permit. 12. Planting details and planting specifications. 13. Such other information that may be required to give a complete understanding of the proposed

plan. 14. A table showing the total square footage(s) of the various hydrozones on the plan. If more than

one (1) water meter serves the site, the total hydrozones square footages of the various hydrozones must be identified with each point of connection and meter providing water service.

15. Phasing plan, if applicable. 16. A list of permits required prior to implementation of the landscape plan, such as a tree

removal/relocation permit or a clearing and grubbing permit. (B) Landscape plans shall should be signed and sealed by a landscape architect licensed in accordance

with Section 481.311, Florida Statues. (C) A note shall be included on the landscape plans stating that an irrigation system shall be provided

with one hundred (100) percent overlap, if irrigation is required by this division. Irrigation plans shall be submitted for review and permitting at the time of application for building permit.

Sec. 12-111. – Landscaping standards for lots and sites. (A) Single-family and two-family districts.

5. Required landscaping buffer and street trees for single-family and two-family districts adjacent to public rights-of-way. a. A required landscape buffer shall be provided for all residential districts in accordance

with the following, except that additional buffer width may be required as provided in paragraph c. of this subsection: University Drive and State Road 84 shall be thirty (30) feet wide. Arterial and collector streets shall be twenty (20) feet wide.

 

 

All other streets, except for internal residential community roadways, shall be ten (10) feet wide.

Sec. 12-113. - Sight distance for landscaping adjacent to public rights-of-way and points of access. (A) When an accessway intersects a public right-of-way or when the subject property abuts the

intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level of three (3) feet above the ground. No trees or palms shall be planted in this area. Ground cover and shrubs may be placed in the triangle, but shall be maintained at a height not to exceed three (3) feet. Landscaping, except required sod or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas referred to are: 1. The areas of property on both sides of an accessway formed by the intersection of each

side of the accessway and the public right-of-way line with two (2) sides of each triangle being twenty-five (25) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.

2. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangle area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) sides.

[INSERT FIQURES]

ARTICLE VII. – PARKING DIVISION 2. – GENERAL DESIGN REQUIREMENTS Sec. 12-205 - Functional elements of on-site circulation system.

(j) If an internal circulation plan requires emergency vehicles, garbage trucks or trucks moving to or from a loading area to use a parking aisle, that parking aisle shall be at least twenty-four (24) feet wide, the drives shall be a minimum of fifteen (15) in width.

ARTICLE VIII. - SIGNS, LIGHTING DIVISION 2. - LIGHTING Sec. 12-262. - Night sky regulations. F. Lamp Type and Shielding Requirements per Fixture.

1. Shielding Standards. All nonexempt outdoor lighting fixtures, with the exception of those parcels located within the Rural Lifestyle or the Griffin Corridor Districts, shall be full cutoff fixtures with the light source fully-shielded to prevent glare. For parcels located within the Rural Lifestyle, or the Griffin Corridor Districts all lighting fixtures shall be at a minimum cutoff where a minimum amount of light is directed at a horizontal plane. All light fixtures shall be designed to minimize stray light trespassing across property boundaries and all illumination shall be controlled by automatic devices. a. All lighting for commercial and industrial areas shall be extinguished between

11:00 p.m. and sunrise or when the business is closed, whichever is later. If for security reasons it is necessary to have some lighting, the use of motion sensors

 

 

is strongly recommended or the installation of a dimmer to generate less light at night provided: i. It is located in such a manner as to prevent glare and lighting on

properties of others or into a public rights-of-way. ii. The luminaire is set to only go on when activated and to go off within

five minutes after activation has ceased. iii. The luminaire shall not be triggered by activity off the property.

b. Canopy lights, such as service station for motor fuel pump lighting, shall be full cutoff so as to ensure that no light source is visible from or cause glare on public rights of way or adjacent properties.

c. Area lights. All area lights shall be full cutoff type luminaires. d. Any lamp installed on a residential property must be fully shielded such that the

lamp itself is not directly visible from any other residential property. ARTICLE X. – PLANNING AND DEVELOPMENT DIVISION 2. REZONING, TEXT AMENDMENTS, SPECIAL PERMITS, VARIANCES AND VACATIONS OR ABANDONMENTS OF RIGHTS-OF-WAY Sec. 12-306. – Processing. (E) Supplementary Notification Required for Rezonings, Variances and Special Permits:

(1) In addition to any requirements of the Florida Statutes, not less than fourteen (14) days prior to the hearing by the planning and zoning board Planning and Zoning Board, the applicant Town shall provide notice by mail. The notice will be sent to surrounding property owners as follows. Town staff shall provide the applicant a mailing template that includes all required notice information along with a mailing list identifying all property owners within one thousand (1,000) feet of the exterior boundary of the subject parcel of land as indicated on the latest Broward County Tax rolls, provided that the notification distance for variances for single family lots shall be three hundred (300) feet. Notification of property owners outside of the town limits is not required provided that the appropriate governing body is notified. The applicant shall be responsible for the mailing but shall allow the town to verify correctness, either by delivering the stamped, addressed envelopes to the town prior to mailing or by utilizing a USPS-compatible direct-mail system that will provide the town with an electronic verification of the date, time and content of the mailing. The mailing of such notices shall constitute service. The applicant shall be responsible for cost of required notices.

Sec. 12-307. - Review for rezonings. (A) Planning and Zoning Board Review:

(1) The planning and zoning board shall hold its public hearing and shall make a recommendation upon the application to the town council, based upon its consideration of, where applicable, whether or not: (a) The proposed change is contrary to the adopted comprehensive plan, as amended,

or any element or portion thereof; (b) The proposed change would create an isolated zoning district unrelated and

incompatible with adjacent and nearby districts; (c) Existing zoning district boundaries are illogically drawn in relation to existing

conditions on the property proposed for change;

 

 

(d) The proposed change will adversely affect living conditions in the neighborhood; (e) The proposed change will create or excessively increase automobile and vehicular

traffic congestion, above that which would be anticipated with permitted intensities or densities of the underlying land use plan designation, or otherwise affect public safety;

(f) The proposed change will adversely affect other property values; (g) The proposed change will be a deterrent to the improvement or development of

other property in accordance with existing regulations; (h) The proposed change will constitute a grant of special privilege to an individual

owner as contrasted with the welfare of the general public; (i) There are substantial reasons why the property cannot be used in accord with

existing zoning; (j) The proposed zoning designation is the most appropriate designation to enhance

the town's tax base given the site location relative to the pattern of land use designations established on the future land use plan map, appropriate land use planning practice, and comprehensive plan policies directing land use location.

(k) Any such application for open space design shall be evaluated and approved based upon the criteria listed above and the following criteria: 1. How the proposed development contributes towards the creation of a

network of open space and promotes accessibility from residential areas to green space;

2. How the proposed development locates the required open space to benefit both the development and the community of Davie.

3. How the proposed development addresses the long-term maintenance of proposed open space, landscape and nature conservation areas.

(2) An applicant may withdraw an application, or amend the rezoning application to a more restrictive district, at any time prior to a vote by the council.

(3) The report and recommendation of the planning and zoning board required by this chapter shall be advisory only and shall not be binding upon the council.

(B) Town Council Review: (1) The council shall establish a public hearing to consider the rezoning review criteria in

subsection (A), above, public testimony and the planning and zoning board recommendation, and may act on the petition, deny, deny without prejudice, approve or approve with conditions, or approve an amended application for rezoning. Notwithstanding the above, in the event that the town council's review of any rezoning application is unduly delayed by more than three (3) regularly scheduled meetings by planning and zoning board members, the application shall be transmitted by the development services department to the town council for its deliberation and determination. In the event that members of the planning and zoning board have indicated their inability to vote upon an application due to a conflict of interest or the appearance of a conflict as indicated with the Florida Statutes and upon the town attorney's determination that these conflicts would effectuate a lack of quorum by the board with regard to any land use plan application, the application shall be transmitted by the development services department to the town council for its deliberation and determination.

(2) The council, upon denial without prejudice, may also waive the reapplication fee. (3) Approval of rezonings shall be by ordinance and requires a super-majority vote of the

council for increase intensities of a property.

 

 

(4) Whenever the council has acted upon an application for the rezoning of property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of rezoning of any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council, when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

Sec. 12-309. - Review for variances. (1) Height. (2) Area. (3) Yards (setbacks). (4) Separation requirements. (5) Open space. (6) Parking spaces. (7) Rural lifestyle fence design.

(B) Planning and Zoning Board Review: (1) The planning and zoning board shall hold its public hearing and shall make a

recommendation upon the application for variance to the town council, based upon its consideration of, where applicable, whether or not: (a) There are special circumstances or conditions applying to the land or building

for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property;

(b) The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose;

(c) That granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(2) The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the variance if approved by the council.

(3) The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(4) An applicant may withdraw an application at any time prior to a vote by the town council upon written notification.

(C) Planning and Zoning Board Review Voting: (1) The board requires three (3) members to be physically present for quorum. A board

member may not telephone in. (D) Town Council Review:

(1) The council shall establish a public hearing to consider public testimony and the planning and zoning board recommendations and may deny, approve or approve with conditions the application for variance.

 

 

Notwithstanding the above, in the event that the town council's review of any variance application is unduly delayed by more than three (3) regularly scheduled meetings by planning and zoning board members, the application shall be transmitted by the development services department to the town council for its deliberation and determination. In the event that members of the planning and zoning board have indicated their inability to vote upon an application due to a conflict of interest or the appearance of a conflict as indicated with the Florida Statutes and upon the town attorney's determination that these conflicts would effectuate a lack of quorum by the board with regard to any variance application, the application shall be transmitted by the development services department to the town council for its deliberation and determination.

(2) Approval of a variance shall be tied to the land and its improvements and may be altered only if the size of the parcel or property is changed or rezoned.

(3) (Reserved)Approval of a variance requires a super-majority vote of the council for the reductions of minimum lot size requirements.

(4) Whenever the council has acted upon a variance for property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

(5) The final action by town council on any variance shall be in the form of a resolution setting out the reasons for such approval or denial, any conditions of approval and the legal description of the subject property.

(6) Unless otherwise provided in the final action of town council, a variance approval shall become null and void if a development application for the development contemplated in the variance application is not issued within two (2) years of the final action by town council.

Sec. 12-310. – Review of vacations or abandonments of right-of-way. (A) Planning and Zoning Board Review:

(1) The planning and zoning board shall hold its public hearing and shall make a recommendation upon the application to the town council, based upon its consideration of, where applicable, whether or not: (a) It will adversely affect access to neighboring properties. (b) It will be in conflict with the public interest.

(1) The Board shall provide a recommendation to the Town Council in accordance with the following criteria: (a) Whether the right-of-way is needed for public utilities including storm-water drainage

and pedestrian easements to be retained or required to be dedicated as requested by the various departments or utility companies.

(b) Whether the vacation would cause a substantial detrimental effect upon or substantially impair or deny access to any lot of record.

 

 

(c) Whether the vacation would adversely impact the existing roadway network, such as creating dead-end rights-of-way, substantially alter utilized travel patterns, or undermine the integrity of historic plats of designated historic landmarks or districts.

(d) Whether the right-of-way is needed for the purpose for which the Town has a legal interest and, whether there is a present or future need for the right-of-way for public vehicular or pedestrian access, or for public utility corridors.

(e) The Town Council may also consider any other factors affecting the public health, safety, or welfare.

(2) The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(3) The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the vacation of right-of-way if approved by the council.

(4)(2) An applicant may withdraw an application at any time prior to a vote by the council Town Council.

(B) Town Council Review: (1) The council Town Council shall establish a public hearing to consider public testimony

and the planning and zoning Planning and Zoning Board recommendation and may deny, deny without prejudice, approve or approve with conditions. Approval shall be by ordinance. Notwithstanding the above, in the event that the Town Council's review of any vacation or abandonment of right-of-way application is unduly delayed by more than three (3) regularly scheduled meetings by planning and zoning board members, the application shall be transmitted by the development services department to the Town Council for its deliberation and determination. In the event that members of the planning and zoning board have indicated their inability to vote upon an application due to a conflict of interest or the appearance of a conflict as indicated with the Florida Statutes and upon the Town Attorney's determination that these conflicts would effectuate a lack of quorum by the board with regard to any vacation or abandonment of right-of-way application, the application shall be transmitted by the development services department to the Town Council for its deliberation and determination.

(2) Whenever the council has acted upon a vacation or abandonment of rights-of-way for property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of vacations or abandonments of rights-of-way for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council when the council deems such action necessary to prevent injustice or to facilitate the proper development of the city.

(C) Application of Charter: Vacations and abandonments of right-of-way are subject to the applicable provisions of the Town Charter.

DIVISION 3. – RESERVED.APPLICATIONS FOR FLEXIBILITY, REDEVELOPMENT UNITS AND RELATED PROVISIONS OF THE BROWARD COUNTY COMPREHENSIVE PLAN Sec 12-311. – ReservedApplications for flexibility, redevelopment units and related provisions of the Broward County Comprehensive Plan. The purpose of this division is to set forth the procedure for Town flexibility. The term “flexibility” encompasses all types of land use rearrangements including flexibility units, reserve units, increase and decrease of commercial and residential acreage.

 

 

(A) Submittal: Requests for the utilization of any type of flexibility shall be in the form of an application filed with the Town Administrator, or his or her designee, along with a fee as set by resolution of the Town Council.

(B) Procedure: Flexibility applications shall be processed by the Town as a local land use plan amendment in accordance with Division 1.

ARTICLE XII. - SUBDIVISIONS AND SITE PLANS DIVISION 3. - SITE PLAN REQUIREMENTS AND PROCEDURES Sec. 12-369. - Projects excluded from site plan review. No such site plan shall be required for the following:

(1) For one (1) single-family residence. Where the development proposes two (2) or more single-family residences on adjacent lots, a site plan of the overall development shall be submitted, prior to issuance of the first building or engineering construction permit. If the lot is twice the size or more of the minimum lot size, the owner shall provide a letter indicating the proposed use of the remainder of the lot. For the construction of one (1) single family detached dwelling on a lot lawfully established prior to February 21, 1990, where there are no other existing or proposed dwellings on such lot.

(2) For one (1) two-family residence. Where the developer contemplates two (2) or more two-family residences on adjacent lots, he shall submit a site plan of the overall development prior to issuance of the first building permit. If the lot is twice the size or more of the minimum lot size, the owner shall provide a letter indicating the proposed use of the remainder of the lot.

(3) Where the permit is to complete or alter For alternations of the interior of an existing structure or one for which a site plan has previously been approved but has not expired; provided, that such alteration will not increase the parking requirements under applicable ordinances.

(4) (3)Where the new construction is solely related to an agricultural use. ARTICLE XIII. – SPECIAL PLANNING AREAS AND DISTRICTS DIVISION 2. – EASTSIDE NEIGHBORHOOD SPECIAL ZONING DISTRICT Sec. 12-394.4 – Neighborhood site design standards. [INSERT FIQURE 394.4.1] The Neighborhood Site Design Standards graphic depicts the for Porch Houses Type I and Type II standards are within Figure 394.4-1. Civic building standards are as follows:

(a) Heights. The height for civic buildings shall not exceed forty-five (45) feet; however, steeples, flagpoles, monuments, and similar architectural features with a footprint no greater than one hundred twenty-five (125) square feet may exceed forty-five (45) feet, but shall be no taller than ninety (90) feet.

(b) Uses. Community hall or neighborhood clubhouse, public school, church or house of worship, public day care center, governmental building, library, museum, park facilities, cultural center.

 

 

(c) Building placement. Civic buildings on sites which are located at the terminus of a street or vista shall be positioned on the site so as to signify the view axis with either a centered facade, tower, or some vertical architectural feature.

(d) [Encroachments.] Encroachments into the right-of-way by publicly owned facilities are permitted in the form of porticos, arcades, or colonnades.

(e) Setbacks. There shall be side and rear setbacks of five (5) feet at each property line. (f) [Primary entrance.] The primary entrance of the building or group of buildings shall face the

front lot line. (g) Fences, walls, hedges. A fence, wall, or hedge, or combination thereof, shall be constructed

along all unbuilt property lines of civic building lots, including the rear property line, except where openings are required for driveways or pedestrian walkways.

(h) Parking. On-street parking within six hundred (600) feet of a civic building may apply towards the parking requirement of such development. Off-street parking shall be to the rear or side of civic buildings, and not on the corner of a corner lot.

DIVISION 11. – REGIONAL ACTIVITY CENTER Sec. 12-438.27. – Definitions. Parking Lot Rental. Rental of parking spaces as a principal use, whether in a surface lot or elevated parking structure, for the purpose of serving the parking needs of residential, commercial and institutional uses within ¼ mile, specifically excluding the parking or storage of commercial trucks. ARTICLE XIV. – DEFINITIONS Sec. 12-503. – Definitions Bakery. An establishment which produces and sells baked goods directly to the public on the premises or distributes wholesale to other establishments for sales off the premises. A bakery shall not be considered a food processing facility. Service station. Any establishment servicing motor vehicles with fuel or supplies, but not necessarily for the sale and/or installation of accessories and minor repairs and adjustments.