1. Mixed Income and Mixed Use Residential Density Bonuses 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. Further, such bonuses are conditioned on the developer or purchaser providing, in a manner acceptable to the city, guarantees, as a minimum, through the use of restrictive covenants, that the affordability of the bonus units will be maintained for a period of at least 30 years for rental housing and at least 30 years for owner-occupied housing. The following policies may be utilized:
a. Broward County Affordable Housing Density Bonus Policies 2.16.3 and 2.16.4.
b. Section 154.61 Redevelopment and Flexibility Units.
c. Section 166.04151(7), Florida Statutes, as amended. The development of residential and mixed-use affordable housing developments pursuant to the provisions of Section 166.04151(7), Florida Statutes (“Live Local Act projects”) involves a combination of residential and non-residential components, and a combination of dwelling units, at least 40% of which must qualify as affordable housing units, as defined in Section 420.0004, Florida Statutes, to accomplish the following purposes:
i. Protect and promote the public health, safety, and general welfare of the residents of the city;
ii. Facilitate the orderly and efficient development of affordable housing in the city pursuant to the Act;
iii. Acknowledge the statutory preemptions regarding use, height, density, FAR and parking under the Act;
iv. Provide the minimum non-residential floor area for mixed use developments under the Act are the same as for other mixed-use projects in the city; and
v. Establish an administrative approval process for qualifying developments under the Act.
vi. The Act does not apply to airport-impacted areas such as the Airpark Overlay District as defined in Section 155.3707, and as provided in Section 333.03, Florida Statutes.
vii. Applications for a Live Local Act project must be deemed complete prior to October 1, 2033. No applications for such projects shall be accepted after October 1, 2033 unless the Florida Legislature extends or reenacts Section 166.04151(7), Florida Statutes.
2. Development Standards Applicable to all Density Bonus Policies
a. Height
i. 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. Live Local Act projects may have the highest height of any commercial, residential or mixed-use zoning district within one mile of the proposed development site or as otherwise limited by the Act, when adjacent to single-family homes on two sides. Allowable height, therefore, will be determined on a site-specific basis for Live Local Act projects. The highest height allowed does not include the height of any building that has received any bonus, variance, or other special exception for density provided in the city’s land development regulations as an incentive for development.
iii. If the Live Local Act project is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the height of the proposed development is limited to 150% of the tallest building on any property adjacent to the Live Local Act project, the highest currently allowed height for the property provided in the city’s land development regulations, or three stories, whichever is higher. For the purposes of this paragraph, the term “adjacent to” means those properties sharing more than one point of a property line, but does not include properties separated by a public road.
b. Density
i. 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.
ii. Live Local Act projects may have up to the highest density allowed in any residential or mixed-use zoning district under the city’s land development regulations. The highest density allowed does not include the density of any building that has received any bonus, variance, or other special exception for density provided in the city’s land development regulations as an incentive for development.
c. Floor Area Per Dwelling Unit
d. Maximum Lot Coverage. Multi-family and mixed-use development that incorporates mixed income residential may increase lot coverage by up to 20%.
e. Minimum Pervious Area. Multi-family and mixed-use development that incorporates mixed income residential may reduce the pervious area requirement to 10% of the total lot area. Landscaping and stormwater retention requirements still apply.
f. 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 or a public street. Refer to the underlying zoning district for requirements on streets unrelated to 2.16.4 corridors. | ||
g. Standards for Commercial/Residential Mixed-Use Developments
i. Mixed-Use / Mixed-Income Standards
(A) 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 or collector street, major pedestrian walkway, or public space. Mixed use development is required in any project approved under this code section that is not served by a full-service (non-convenience) grocery store within ½ mile of the project site and is visible from a transit corridor, other major arterial or collector street, major pedestrian walkway, or public space. When mixed use is required, a minimum of 50% of the ground floor of the building(s) fronting a primary public street, major pedestrian walkway or public space must be dedicated to nonresidential, non-accessory, commercial uses.
(B) Live Local Act mixed use projects must demonstrate that a minimum of 65% of the total building square footage (excluding parking structures) is dedicated to residential units and support facilities (e.g., lobby and trash room) and a minimum of 40% of the residential units must be deed restricted to affordable for 30-years.
(C) All new development projects with a residential component within ½ 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.3.
(D) 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 60% non-income restricted units. See incentives and implementation requirements set forth in Section 155.4202.A.3.
(E) 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.
(F) Exemption: The income mixing requirements are not applicable to the following:
(1) Any residential and/or mixed-use residential developments with approved Development Orders signed and dated prior to the passage of the original version of this ordinance, or active projects that were reviewed by the Development Review Committee (DRC) prior to the passage of the original version of this ordinance.
(2) 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 or Federal Law to construct only income-restricted affordable housing (examples include, but are not limited to, the Housing Authority of Pompano Beach).
(3) Affordable housing projects permanently restricted to homeownership.
ii. 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.
iii. Commercial principal uses shall be limited to:
(A) Eating or drinking establishments (including accessory outdoor seating areas);
(B) Professional/medical office; and
(C) Retail sales and service uses.
h. Access and Circulation
i. Access priority shall be in the following order as feasible: cross access, alley, side street, street front.
ii. Access is limited to one point per street frontage unless off an alley, as feasible.
iii. No vehicular use area or parking shall be permitted in front of the primary facade and the street.
iv. A primary entrance providing pedestrian access shall be provided on the primary facade.
v. Off-street parking reductions.
(A) Multi-family 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 and one guest space per five units. Multi-family dwelling units with three or more bedrooms will provide the parking required in Table 155.5102.D.1.
(B) 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.
a. Incentives:
i. 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.
ii. 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.
iii. The Act allows for no parking if a mixed-use project is in a Transit Oriented District. This incentive cannot be combined with the off-street parking reductions in Section 155.4202.A.2.h.v.A.
iv. The Act allows for a 20% parking reduction if within a half-mile of a “major transportation hub” with alternative parking available within 600 feet. The term “major transportation hub” means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.
b. Reporting:
i. 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, parking and any other qualifying commitments.
ii. If, at any time, a development authorized under the Act violates the affordability period requirement provided in the Act, the development will be allowed a reasonable time, as determined by the City, to cure such violation. If the violation is not cured within a reasonable time, as determined by the City, the development will be treated as a nonconforming use.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
S | S | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P | P |
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
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).
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P | P | P | P | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P | P
|
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P | P | P | P | P | P | P | P | P | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P
|
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
S | S | S | S | S | S | S | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P |
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P | P | P | P | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P |
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
S | S | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P | P
|
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P | P | P | P | P | P | P | P | P | P | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P | P
|
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.
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
S | S | S | S | S | S | P | P | P | P | P | P | P | P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P | P | P | P | P | P
|
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.
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.
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.
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
P |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
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; Am. Ord. 2024-54, passed 9-24-24)