155.4202. RESIDENTIAL: HOUSEHOLD LIVING USES

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-54 , adopted 9-24-2024). The text of the amendment will be incorporated below when the ordinance is codified.

   A.   Standards Applicable to Household Living Uses

      1.   Additional Standards for Implementation of Broward County Policy 2.16.3 and 2.16.4 and Section 154.61 Redevelopment And Flexibility Units

   The following shall apply to any development that implements Broward County Policy 2.16.3 (additional density in Residential Land Use) or Commercial Land Use if less than 10-acres) or 2.16.4 (residential density in Commercial, Regional Activity Center, Local Activity Center, Transit-Oriented Corridor and Mixed- Use Residential Land Use) and Section 154.61 (Redevelopment and Flexibility Units). The standards are intended to encourage economic revitalization through redevelopment that is mixed use/mixed income, transit/pedestrian oriented, compatible with adjacent uses, and encourages corridor beautification.

         a.   Additional and Modified Development Standards

            i.   Height

         All developments greater than 35’ in height must result in an effective transition of heights from abutting low-density residential (20 units per acre or less) development to the tallest portion of the development. The effective transition of heights is intended to demonstrate compatibility of heights with abutting low-density residential development and to demonstrate that the tallest portions of the development are appropriately located including a gradual and incremental increase in height that is proportionally tiered and reasonably distributed.

            ii.   Density

         Development parcels with two or more density area designations shall unify for development purposes and may cluster units within the most intense density area of the development parcel.

            iii.   Floor Area Per Dwelling Unit

 

Table 155.4202.A.1.a.iii: Floor area per dwelling unit, minimum (square feet)
MF	Efficiency Units	450
	1 Bedroom	575
	2 Bedroom	750
	3 Bedroom	850
	Additional Bedroom	100

 

            iv.   Maximum Lot Coverage

         Multi-Family and Mixed-use development that incorporates residential may increase lot coverage by up to 20%.

            v.   Minimum Pervious Area

         Multi-Family and Mixed-use development that incorporates residential may reduce the pervious area requirement to 10% of the total lot area. Landscaping and stormwater retention requirements still apply.

            vi.   Setbacks and Building Placement

Table 155.4202.A.1.a.vi: Setbacks and Building Placement
		Along Policy 2.16.4 Eligible Corridors
Front / Street Side Setback	Minimum	0 feet
	Maximum	20 feet
Build-to Zone (minimum)		60%
Interior Side Setback (minimum)		0 feet
Rear (minimum)		20 feet
Note: Build-to Zone is the area on a lot located between the minimum and maximum setback that must contain a principal structure. A Courtyard, Plaza, or Forecourt may occupy the otherwise required build-to-zone, if the space is publicly accessible, providing building access and a pedestrian connection to the existing city street grid. Fenestration requirements for abutting facades still apply. Rear Setback may be reduced to 5 ft where the rear yard abuts an improved and dedicated public alley at least 20 ft wide. Refer to the underlying zoning district for requirements on streets unrelated to 2.16.4 corridors.

 

            vii.   Standards for Commercial/Residential Mixed-Use Developments

               (A)   Mixed-Use / Mixed-Income Standards

            The incorporation of high-activity nonresidential uses such as retail shops and restaurants at street level is encouraged along those building facades abutting or most visible from a transit corridor, other major arterial street, major pedestrian walkway, or public space.

                  (1)   All new development projects with a residential component within One-half Mile Radius of an Income Restricted Housing Development must include a minimum of 50% Non-Income Restricted Units. See incentives and implementation requirements within Section 155.4202.A.1.b.

                  (2)   All new residential and mixed use development projects with a residential component along Dixie Highway (between city limits) and North Powerline Road (between Atlantic Boulevard and NW 15th Street) must include a minimum of 80% Non-Income Restricted Units. See incentives and implementation requirements set forth in Section 155.4202.A.1.b.

                  (3)   When using County Policy 2.16.4, commercial and residential mixed-use shall be required and uses shall be mixed within the same building or horizontally on the same parcel.

                  (4)   Exemption: The income mixing requirements are not applicable to the following:

                     (a)   Any residential and/or mixed-use residential developments with approved Development Orders signed and dated prior to the passage of this ordinance, and/or active projects that have been reviewed by the Development Review Committee (DRC).

                     (b)   Any property owned, at least in part, as of the date of the passage of this ordinance, by an entity that is required by the Florida Statutes to construct affordable housing (examples include but are not limited to the Housing Authority of Pompano Beach).

                     (c)   Affordable housing projects permanently restricted to home-ownership.

               (B)   Vertically integrated commercial uses shall be limited to floors below those used for residential uses, with exception for a top floor/rooftop eating or drinking establishment.

               (C)   Commercial principal uses shall be limited to:

                  (1)   Eating or drinking establishments (including accessory outdoor seating areas);

                  (2)   Professional/Medical office; and

                  (3)   Retail sales and service uses.

            viii.   Access and Circulation

               (A)   Access priority shall be in the following order as feasible: cross access, alley, side street, street front.

               (B)   Access is limited to one point per street frontage unless off an alley, as feasible.

               (C)   No vehicular use area or parking shall be permitted in front of the primary façade and the street.

               (D)   A primary entrance providing pedestrian access shall be provided on the primary façade.

               (E)   Off-Street Parking reductions

                  (1)   Multifamily dwellings with two bedrooms or less shall provide a minimum of one off-street parking space per 1,000 square feet of gross floor area, with a minimum of one off-street parking space per unit. Multifamily dwelling units with three or more bedrooms will provide the parking required in Table 155.5102.D.1.

                  (2)   On-street parking, along the corresponding frontage lines touching the adjacent sidewalk to the property, may be used to satisfy a portion of the off-street parking requirements for all uses.

         b.   Incentives and Reporting Requirements:

            i.   Incentives:

               (A)   All development projects in a commercial land use category that utilize Broward County Policy 2.16.3 or 2.16.4 shall receive up to a 50% zoning density bonus. They may also apply for minor variations, or adjustments, to certain dimensional or numerical standards of this Code based on specific criteria as detailed in Section 155.2421. ADMINISTRATIVE ADJUSTMENT.

               (B)   Any developments fronting on Dixie Hwy between SW 3rd Street and SW 6th Street shall be permitted to include Multi-Family Residential as part of a Mixed-Use project as a principal use, regardless of underlying zoning district regulation.

            ii.   Reporting:

               (A)   Owners of development projects that are subject to this section must provide an annual report in a form acceptable to the City verifying compliance with the income commitments.

   B.   Dwelling, Live/Work

      1.   Districts Where Permitted

 

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      2.   Definition

   A live/work dwelling is a structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.

      3.   Standards

         A live/work dwelling shall comply with the following standards:

         a.   The residential portion of the building shall occupy over 50 percent of the gross floor area.

         b.   The nonresidential portion of the building shall be located on the ground floor.

         c.   The nonresidential portion of the building shall comply with all applicable nonresidential building code and business licensing requirements.

         d.   Drive-through service is prohibited as an accessory use.

         e.   The use shall comply with the parking, landscaping, and open space standards for mixed uses in Article 5: Development Standards.

         f.   Any off-street parking for the nonresidential portion shall be located as far as practicable from existing adjacent single-family dwellings.

   C.   Dwelling, Mobile Home

      1.   Districts Where Permitted

 

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      2.   Definition

   A mobile home dwelling is a structure, transportable in one or more sections, that is at least 8 feet wide and 35 feet long (with the hitch), is built on an integral chassis, includes plumbing, heating, air-conditioning, and electrical systems, and is designed to be used as a single dwelling unit when connected to required utilities.

      3.   Standards

   A mobile home dwelling is allowed only within a mobile home park (See Section 155.4202.J, Mobile Home Park).

   D.   Dwelling, Multifamily

      1.   Districts Where Permitted

 

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      2.   Definition

   A multifamily dwelling is a dwelling containing three or more dwelling units . Units may be located side by side in a horizontal configuration and/or stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings. Multifamily dwellings include apartment, townhouse , and residential condominium developments.

      3.   Standards

   A multifamily dwelling shall comply with the design standards for multifamily development in Section 155.5601, Multifamily Residential Design Standards.

   E.   Dwelling, Single-Family

      1.   Districts Where Permitted

 

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      2.   Definition

         A single-family dwelling is a single detached dwelling, other than a mobile home dwelling, containing a single dwelling unit .

      3.   Standards

         In Commercial Zoning Districts, the property shall incorporate the Residential Compatibility Standards established in Section 155.5604. Residential Compatibility Standards to the maximum extent practicable.

   F.   Dwelling, Single-Family (Zero Lot Line)

      1.   Districts Where Permitted

 

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      2.   Definition

   A single-family dwelling (zero-lot-line) is a single-family dwelling located on a lot in such a manner that one of the dwelling's sides rests directly on an interior side lot line . Single-Family (Zero Lot Line) Dwellings are developed in a multi-unit configuration and is therefore considered a multifamily dwelling for purposes of density and intensity. However for purposes of parking, landscaping, and other development standards, Single-Family (Zero Lot Line) Dwellings is considered a single-family dwelling.

      3.   Standards

         Single-family dwellings in a zero lot line development shall comply with the following standards:

         a.   The dwelling shall be located along the designated zero lot line, but shall not extend beyond the property line. If the dwelling includes an overhang extending beyond the wall line, the wall shall be set back sufficient distance from the zero lot line to accommodate the overhang and associated roof drainage facilities.

         b.   A five-foot-wide maintenance easement shall be provided on the adjoining lot, running along and around the corners of the dwelling located along the zero lot line. (See Figure 155.4202.F.3: Zero Lot Line Example.)

         c.   ln Commercial Zoning Districts, the property shall incorporate the Residential Compatibility Standards established in Section 155.5604. Residential Compatibility Standards to the maximum extent practicable.

Figure 155.4202.F.3: Zero Lot Line Example

   G.   Dwelling, Two-Family

      1.   Districts Where Permitted

 

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      2.   Definition

         A two-family dwelling is a single detached dwelling containing two dwelling units . The units may be located side by side in a horizontal configuration and/or stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings. A two-family dwelling may be referred to as a "duplex."

      3.   Standards

         In Commercial Zoning Districts, the property shall incorporate the Residential Compatibility Standards established in Section 155.5604. Residential Compatibility Standards to the maximum extent practicable.

   H.   Dwelling, Mixed Use

      1.   Districts Where Permitted

 

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      2.   Definition

   A mixed use dwelling is a dwelling unit located on the second floor or higher of a building with nonresidential uses located on the ground or street level.

      3.   Standards

   Mixed use dwelling uses are generally intended to accommodate residential living above street level nonresidential uses. Lobbies, security, and uses incidental to the upper story dwelling use may be allowed on the street level, but all principal living spaces in multi-story or multi-tenant buildings shall be above the first floor.

   I.   Family Community Residence

      1.   Districts Where Permitted

 

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      2.   Definition

   A family community residence is a community residence that provides a relatively permanent living arrangement for people with disabilities where, in practice and under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in a family community residence on a long-term basis, typically a year or longer. Oxford House is an example of a family community residence.

      3.   Standards

            a.   Except as required by Chapter 419 state law, a family community residence shall be allowed as of right in the designated zoning districts, when:

            i.   It is at least 660 linear feet from the closest existing community residence housing four or more individuals or recovery community as measured from the nearest property line of the proposed community residence to the nearest property line of the closest existing community residence or recovery community, and

            ii.   The operator or applicant is licensed or certified by the State of Florida to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence such as an Oxford House.

         b.   A family community residence that does not comply with both standards a. and b. may be allowed only by special exception in accord with the applicable standards in Section 155.2406 of this Code.

      4.   Reasonable Accommodation Required for More than Ten Occupants

         To establish a family community residence for more than ten occupants, the applicant shall submit a request for reasonable accommodation in accord with the procedures and applicable standards in Section 155.2432 of this Code except as required by state law.

      5.   License Certification, or Recertification Denied or Suspended

         A family community residence that has been denied a license the State of Florida requires or certification offered by the State of Florida, had its license or certification suspended, or be denied recertification is not allowed in the City of Pompano Beach and must cease operations and vacate the premises within 60 days of the date on which its license or certification was denied or suspended or recertification denied.

   J.   Transitional Community Residence

      1.   Districts Where Permitted

 

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      2.   Definition

         A transitional community residence community residence is a community residence that provides a temporary living arrangement for four to ten unrelated people with disabilities with a limit on length of tenancy less than a year that is measured in weeks or months as determined either in practice or by the rules, charter, or other governing document of the community residence. A community residence for people engaged in detoxification is an example of a very short-term transitional community residence.

      3.   Standards

         a.   Districts Where Listed as a Permitted use

            A transitional community residence shall be allowed as of right in the designated zoning districts, except as required by Chapter 419 of state law, when:

            i.   It is at least 660 linear feet from the closest existing community residence housing four or more individuals or recovery community as measured from the nearest property line of the proposed community residence to the nearest property line of the closest existing community residence or recovery community, and

            ii.   The operator or applicant is licensed or certified by the State of Florida to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence much such as an Oxford House but with a programmatic or actual limit on length of tenancy.

         b.   A transitional community residence that does not comply with both standards a. and b. may be allowed only by special exception in accord with the standards established in Section 155.2406.D. of this Code.

         c.   Districts Where Listed as a Special Exception

            In the zoning districts where a transitional community residence is allowed only by special exception in accord with the applicable standards in Section 155.2406.D. and E. of this Code.

      4.   Reasonable Accommodation Required for More than Ten Occupants

         To establish a transitional community residence for more than ten occupants, the applicant shall submit a request for reasonable accommodation in accord with the procedures and applicable standards in Section 155.2432 of this Code except as required by state law.

      5.   License Certification, or Recertification Denied or Suspended

         A transitional community residence that has been denied a license the State of Florida requires or certification offered by the State of Florida, had its license or certification suspended, or be denied recertification is not allowed in the City of Pompano Beach and must cease operations and vacate the premises within 60 days of the date on which its license or certification was denied or suspended or recertification denied.

   K.   Mobile Home Park

      1.   Districts Where Permitted

 

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      2.   Definition

         A mobile home park is a parcel of land under single ownership or management that is operated as a business engaged in providing a place where mobile home dwellings used for non-transient living or sleeping purposes—or spaces for installation of mobile homes—are offered for sale or lease. Accessory uses to mobile home parks include caretaker quarters, laundry facilities, and recreation facilities.

      3.   Standards

         A mobile home park shall comply with the following standards:

         a.   The mobile home park shall comply with all applicable state laws and regulations, including permitting requirements.

         b.   Each mobile home space shall abut and have driveway access to and from an internal street meeting the access and circulation standards in Section 155.5101, Access and Circulation.

         c.   There shall be no more than one mobile home located on a mobile home space.

         d.   The park shall include one or more recreation areas with a total area of not less than six percent of the park's gross area.

         e.   Each mobile home shall bear a valid mobile home sticker as required under Chapter 320 of the Florida Statutes.

         f.   Structures of a permanent nature added or attached to a mobile home shall not exceed the floor area of the mobile home.

         g.   All portable or demountable awnings or other appurtenances shall be dismantled and stored within the mobile home or other permanent building during emergencies declared by federal, state, or local authorities.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2013-75 , passed 9-24-13; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2022-36, passed 3-22-22; Am. Ord. 2023-44, passed 3-28-23)