Planning and Zoning Board Meeting

CITY OF NORTH LAUDERDALE PLANNING AND ZONING BOARD TUESDAY, MARCH 05, 2024 6:00 P.M. https://www.nlauderdale.org/ Commission Chambers, City Hall 701 SW 71 Avenue North Lauderdale, FL 33068 Phone: 954-724-7056 Christine McKay, Chair Barbara Thomas Beverly Batson William Albright City Attorney Brian Sherman City Clerk Elizabeth Garcia-Beckford Tammy Reed-Holguin, Community Development Director Andrew Disbury, Community Development Manager

1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT 701 SW 71st Avenue North Lauderdale, FL 33068 PLANNING AND ZONING BOARD MEETING AGENDA MARCH 5, 2024 - 6:00 P.M. 1. CALL TO ORDER BY CHAIRMAN 2. ROLL CALL Christine McKay, Chair Barbara Thomas Alfredo Marriaga Beverly Batson Tarchan Ramgulan William Albright – Alternate City Attorney Brian Sherman City Clerk Elizabeth Garcia-Beckford 3. APPROVAL OF MINUTES a. February 6, 2023 4. OLD BUSINESS 5. QUASI-JUDICIAL ITEMS a. SPECIAL EXCEPTION USE: SEU 24-09 NAME OF APPLICANT: Wilma Canales, Iglesia De Jeuscristo Odres Nuevas Corp. PROJECT NAME: Iglesia De Jeuscristo Odres Nuevas Corp. PROJECT LOCATION: 5460 North State Road 7 Suite 205 PROJECT DESCRIPTION: Special exception use request to allow a church in accordance with Chapter 106 – 468 of the City Code “The Master Business List” within a Community Business (B-2) zoning district. • All interested parties wishing to speak on this item are duly sworn • Staff presentation • Applicant presentation • Public Hearing opened • Public comments • Public Hearing closed • Board discussion

2 • Board motion and vote Motion: To recommend consideration of approval of the Special Exception Use to the City Commission, with the conditions as outlined in the staff memorandum. 6. NON-QUASI-JUDICIAL ITEMS a. Shed Code Amendments discussion and motion to approve as an ordinance for recommendation to the City Commission b. Fence Code Amendments discussion and motion to approve as an ordinance for recommendation to the City Commission 7. NEW BUSINESS 8. STAFF REPORT 9. GENERAL DISCUSSION 10. NEXT TENTATIVE MEETING – April 2, 2024 11. ADJOURNMENT *Note one or more elected officials may be in attendance* Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Commission or Board with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the Agency at least 5 days before the hearing by contacting the City Clerk’s office at one of the following: (1) 701 SW 71st Avenue, North Lauderdale, FL 33068; (2) Phone 954-724-7056; (3) Fax 954-720-2151; or Cityclerk@nlauderdale.org . If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1 (800) 955-8771 (TTY/VCO), 1 (800) 955-8770 (Voice), 1 (800) 955-8773 (Spanish) Agenda Packets for upcoming Commission or Board meetings will be available at the City’s website, http://www.nlauderdale.org at least 48 hours prior to the meeting.

1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT 701 SW 71 AVENUE NORTH LAUDERDALE, FL 33068 PLANNING AND ZONING BOARD MEETING MINUTES FEBURARY 6, 2024 - 6:00 P.M. 1. CALL TO ORDER BY CHAIRMAN – Chair McKay called the meeting to order at 6:25 pm 2. ROLL CALL- Deputy Clerk took roll. There was a quorum. Christine McKay, Chair Dr. Barbara Thomas Beverly Batson William Albright – Alternate City Attorney Paul Hernandez Acting Deputy City Clerk Susan Slattery Also, in attendance were Tammy Reed-Holguin, Community Development Director and Andrew Disbury, Assistant Community Development Director. 3. ELECTION OF OFFICERS – Board Member Dr. Thomas moved to nominate Beverly Batson as Vice Chair. Seconded by Alternate Board Member William Albright. Clerk took roll. All YES. Motion passed. 4. APPROVAL OF MINUTES a. December 5, 2023 – Board Member Dr. Thomas moved to approve as presented. Seconded by Alternate Board Member William Albright. Clerk took roll. All YES. Motion passed. 5. OLD BUSINESS – None 6. QUASI-JUDICIAL ITEMS - City Attorney Hernandez swore in all parties present to speak on any items on the agenda. a. PETITION FOR REZONING: ZLU 24-01 NAME OF APPLICANT: Alan Cohen PROJECT NAME: Palms rezoning for expansion PROJECT LOCATION: Parcel # 4941 02 AE 0010 PROJECT DESCRIPTION: Request to amend the City’s zoning map for the accommodation of a new residential housing project from a community business (B-2) zoning district to a Residential Multifamily (RM-16) zoning district. Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Alan Cohen, Applicant was present and agrees with all conditions Public hearing was opened. There were no comments. Public hearing was closed. Mr. Albright inquired how the residents feel about the pool being removed. Mr. Cohen responded it has not been functional for years and no comments from residents. Board Member Dr. Thomas moved to recommend consideration of approval of the rezoning request 24-01 to the City Commission with the conditions as outlined in the staff memorandum. Seconded by Alternate Board Member Albright. Clerk took roll. All YES. Motion passed.

2 b. SITE PLAN APPROVAL: SPR 24-01 NAME OF APPLICANT: Orion Fuels PROJECT NAME: Orion Fuels PROJECT LOCATION: 955 SW 81st Ave PROJECT DESCRIPTION: Preliminary and final site plan approval to construct a convenient store and gas station with 5 fuel locations in a Community Business (B-2) zoning district. Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Daniel Alonzo was present on behalf of the applicant. He stated he agrees with all conditions. Miguel Shehadeh, on behalf of the applicant, stated he is not concerned with other gas stations being in the vicinity. Public hearing was opened. Dorothy Borgelin, resident, commented on the property and the number of gas stations in the City. She asked for this to be aesthetically pleasing to attract people. Public hearing was closed. There was discussion regarding adding beautification as a 14 th condition. Mr. Disbury responded affirmatively. Board Member Dr. Thomas moved to recommend consideration of approval of site plan review request, SPR 24-01 to the City Commission with the conditions as outlined in the staff memorandum and the additional condition added this evening regarding aesthetics. Seconded by Alternate Board Member Albright . Clerk took roll. All YES. Motion passed. c. SPECIAL EXCEPTION USE: SEU 24-06 NAME OF APPLICANT: Jose Sorto, Ministerio Vision Celestial PROJECT NAME: Ministerio Vision Celestial PROJECT LOCATION: 5460 North State Road 7 Suite 201 PROJECT DESCRIPTION: Special exception use request to allow a church in accordance with Chapter 106 – 468 of the City Code” The Master Business List” within a Community Business (B-2) zoning district. Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Pastor Jose Ricardo Sorto, Applicant was present and stated he agrees with all conditions. There was discussion regarding the hours of operation. Community Development Director Tammy Reed-Holguin stated that Staff can work with the applicant regarding the hours of operation prior to going to City Commission. Public hearing was opened. There were no comments. Public hearing was closed. Vice Chair Batson moved to recommend consideration of approval of Special Exception Use Request, SEU 24-06 to the City Commission, with the conditions as outlined in the staff memorandum and the ability to work with staff concerning the hours of operation prior to going to City Commission. Seconded by Board Member Thomas. Clerk took roll. All YES. Motion passed. d. SPECIAL EXCEPTION USE: SEU 24-04 NAME OF APPLICANT: La Union Bakery III Inc. PROJECT NAME: La Union PROJECT LOCATION: 1327 State Road 7 PROJECT DESCRIPTION: Special exception use request to allow a freestanding bar within a restaurant I accordance with Chapter 86-110 (7) and liquor sales in accordance with Chapter 106 – 467(9) of the City Code within a General Business (B-3) zoning district. Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Javier Camacho, Applicant was present and stated he agrees with all nine conditions. Public hearing was opened. There were no comments. Public hearing was closed. Vice Chair Batson moved to recommend consideration of approval of Special Exception Use Request, SEU 24-04 to the City Commission, with the conditions as outlined in the staff memorandum. Seconded by Board Member Thomas. Clerk took roll. All YES. Motion passed. e. SPECIAL EXCEPTION USE: SEU 24-07 NAME OF APPLICANT: Dorothy Borgelin PROJECT NAME: Shambo Adult Daycare PROJECT LOCATION: 8010 West McNab Road PROJECT DESCRIPTION: Special exception use permit request to allow an adult day care facility within a Community Business (B-2) zoning district in accordance with City Code Section 106 - 468 the master business list.

3 Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Dorothy Borgelin, Applicant was present and stated she agrees with all conditions. Public hearing was opened. There were no comments. Public hearing was closed. Vice Chair Batson moved to recommend consideration of approval of Special Exception Use Request, SEU 24-07 to the City Commission, with the conditions as outlined in the staff memorandum. Seconded by Alternate Board Member Albright. Clerk took roll. All YES. Motion passed. f. SPECIAL EXCEPTION USE: SEU 24-08 NAME OF APPLICANT: Mario Victor, Express Caribbean Restaurant LLC. PROJECT NAME: Express Caribbean Restaurant LLC. PROJECT LOCATION: 1401 S SR 7 Bay A1-3 (CHAMPION PLAZA) PROJECT DESCRIPTION: Special exception use request to allow 2 freestanding bars within a restaurant in accordance with Chapter 86-110 (7) and liquor sales in accordance with Chapter 106 - 467 (9) of the City code within a General Business (B-3) zoning district. Andrew Disbury, Assistant Community Development Director presented the item based on the back up memorandum. Mario Victor, Applicant was present and stated he agrees with all conditions. Public hearing was opened. There were no comments. Public hearing was closed. Board member moved to recommend consideration of approval of Special Exception Use Request, SEU 24-08 to the City Commission, with the conditions as outlined in the staff memorandum. Seconded by Clerk took roll. All YES. Motion passed. 7. NON-QUASI-JUDICIAL ITEMS – NONE 8. NEW BUSINESS - NONE 9. STAFF REPORT - NONE 10. GENERAL DISCUSSION a. Review of various elements of the comprehensive plan – Mr. Disbury stated that a review will be provided shortly to the Board. b. LWCF Grant Resubmittal – Mr. Disbury stated the grant was submitted and they are waiting for a response. 11. NEXT TENTATIVE MEETING –March 5, 2024 12. ADJOURNMENT – There being no further business, meeting adjourned at 7:42 p.m.

CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning and Zoning Board THROUGH: Tammy Reed-Holguin, Community Development Director BY: Andrew Disbury, Assistant Community Development Director DATE: March 5, 2024 SUBJECT: SEU 24-09 Special Exception Use request to permit a church, which is a Community Facility (CF) use, in a Community Business (B-2) Zoning District. LOCATION: 5460 North State Road 7 Unit # 205 APPLICANT: Wilma Canales, Iglesia De Jeuscristo Odres Nuevas Corp. Wilma Canales, with Iglesia De Jeuscristo Odres Nuevas. has requested a Special Exception Use Permit to operate a community church in a B-2 zoning district. In accordance with Section 106-468, of the Master Business List, a church requires a special exception use permit when located in a Business District. The applicant is proposing to operate this church in Central Say Plaza at 5460 North State Road 7 Suite 205. The hours of operation are no more than 9 hours per week. Please see the attached letter of intent for details. The specific extent of the anticipated use is explained in Attachment A, and made a part of this report. Background As you may recall, the City Commission approved modifications to the regulations for Community Facility (CF) uses in non-CF zoning districts. These modifications set forth specific requirements for such uses. The total square footage of Central Say Plaza is 56,011 square feet. The applicant is requesting the SEU for 672 square feet of assembly area. The proposed use does not create any additional impact upon the capacity of utilities, or public services, and conforms with the goals, objectives, policies and land uses established by the City’s code of ordinances.

Economic Analysis Properties owned by non-profit organizations, such as churches, are exempt from paying property taxes. However, in this instance, the church does not own the property and will be operating through a lease. The owner of the center would be required to pay all applicable property taxes and assessment fees. The church being a non-profit organization would be exempt from paying for a Local Business Tax Receipt. However, the church would be required to pay all applicable processing and permitting fees. It should be noted that the limited hours and number of visitors of CF-use tenants tend to provide fewer potential customers on a less frequent basis to the other retail establishments in the shopping center and the surrounding area than a commercial use may generate. They also typically generate fewer job opportunities. Traffic/ Parking Analysis The applicant is proposing to meet open no more than 9 hours per week. Based on the information provided by the applicant, no more than 672 square feet of space will be used for assembly purposes. The parking requirement for the use of assembly according to the Code is 20 spaces. The plaza currently has 145 parking spaces. The center therefore does accommodate the parking.. Recommendation Should the Planning and Zoning Board concur with the applicant’s request, a motion to recommend approval of the proposed SEU permit to the City Commission for consideration is subject to the following conditions: 1. That the applicant complies with all applicable codes of the City regarding the development and operation of a church and any ancillary approved uses. 2. That all terms, conditions, and provisions imposed by the City Commission, Planning and Zoning Board, and staff, including all life, health, and safety Codes pertaining to this facility are met prior to commencing, and during operation. 3. The applicant is aware that any proposed changes to the floor plan, use of space or service hours that would impact the parking needs must come to the City for prior consideration and approval. 4. Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the church. 5. In the event that any problems arise as a result of the operation of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial and residential area. 6. Applicant shall obtain proper approvals such as a Certificate of Occupancy if necessary and a Local Business Tax receipt from the City.

7. Documentation of bus or van per City code section 106-158 (2) (g) may be necessary to reduce parking needs Motion If the Board concurs with the applicant’s request, a motion is in order to recommend approval of the proposed Special Exception Use Permit to the City Commission with conditions proposed by staff.

CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning and Zoning Board FROM: Andrew Disbury, Assistant Community Development Director BY: Jonathan D’Angelo, Planning Technician DATE: March 5, 2024 SUBJECT: ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RELATING TO THE REGULATION OF ACCESSORY USES AND STRUCTURES AND PLOT COVERAGE AMENDING SECTIONS 106 – 185 AND 106-299 OF THE CITY CODES OF ORDINANCES. Tonight, we are presenting an Ordinance for consideration of adoption on first reading to amend Chapter 106 entitled “Zoning”, sub-sections 106-185, entitled “Accessory uses and structures” and Chapter 106- 299, entitled “Plot Coverage”. Section 106-185, providing for the accessory uses and structures in all districts and amending Chapter 106, the combined area occupied by all principal and accessory buildings in the RM-10 district shall not exceed 45 percent of the area of the plot for two-story buildings or 50 percent of the area of the plot for one-story buildings. Section 106-185 and Section 106-299. Background: The City Commission requested staff look into this specific ordinance due to a variety of variances being requested by residents. The study that was conducted reviewed numerous other City’s regulations on accessory use heights, lengths and square footage. Researched revealed a variety of sizes in heights, lengths and square footage in other cities. This conclusion resulted in recommendations to amend our zoning code to be consistent with the City Comprehensive Plan while addressing the concern of residences and maintain a uniform look and safety throughout the City. Recommendations include new restrictions increasing the height of structures to 12 feet but maintaining that all structures described in this subsection which are of a metal construction or are portable shall be provided with metro tie-downs or their equivalent, sufficient for protection from winds of hurricane force. These amendments have been reviewed in relation to the City’s Comprehensive Land Use Plan and found to be consistent with the Goals, Objectives and Policies contained in the Plan. Administration recommends adoption of regulations to protect the interests of its residents. Based on multiple discussions with the community development department, the attached ordinance is proposed for your review and consideration to address aforementioned issues. The Ordinance proposes amending City Code Section 106, there have been no amendments to 106-185 since 2011.

Recommendation: The City Administration recommends Commission’s approval and adoption of the proposed amendments to the City of North Lauderdale code Chapter 106 “Zoning” and sections 106-185 “Accessory uses and structures” and 106-299 “Plot Coverage” providing for conflicts; providing for severability: and providing for an effective date. DESCRIPTION Code section BEFORE AFTER DIFFERENCE Gross Floor Area 106-185 (d)(2) 150 SQUARE FEET 196 SQUARE FEET 46 SQUARE FEET Height 106-185 (d)(3)(a) EIGHT (8) FEET TWELVE (12) FEET FOUR (4) FEET Length 106-185 (d)(3)(a) TWELVE (12) FEET FOURTEEN (14) FEET TWO (2) FEET Plot Coverage 106-299 Fifty (50) PERCENT FORTY-FIVE (45) PERCENT FIVE (5) PERCENT

Sec. 106-185. Accessory uses and structures. (a) In all districts, accessory buildings such as garages, servants' quarters, utility or storage sheds, cabanas or similar structures, and any other roofed structure except those exempted elsewhere, where permitted as accessory to the main structure, shall comply with the setback and other restrictions for the district in which they are located. Structures utilizing screen roofs, nonwater-shedding roofs, for swimming pool enclosures or patio rooms shall be exempt from the setback requirements provided the screened structure is placed to the rear of the principle structure. (b) No accessory building shall exceed 12 feet in height in any residential district; no accessory building shall be erected previous to the erection of the principal building; and to insure emergency personnel access no accessory building may be located closer than five feet to the principle structure unless permanently attached to the principle structure. If an accessory structure is attached to the principle structure a minimum distance of five feet shall be required between the structure and any property line. (c) In residential districts, the location of accessory swimming pools shall be subject to the following regulations: (1) For the purposes of this section, the term "swimming pool" shall mean a body of water 18 or more inches in depth in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person or any organization of any kind whether an owner, lessee, operator, licensee, or concessionaire. For purposes herein, a whirlpool, hot tub or water spa shall not be considered a swimming pool. (2) Unenclosed pools or pools enclosed only with open mesh screening may be placed in a required side or rear yard setback but shall not be placed in a required front yard setback. (3) Any part of a pool which is covered by a solid roof or enclosed by solid masonry or similar type walls over five feet in height shall be subject to the same limitations as the location of a building and shall not be placed in any required yard. Such wall location in this situation shall be in accordance with the setback provisions of the zoning district. (4) Unenclosed pools or open mesh screen pool enclosures shall maintain a minimum of five feet from any side or rear plot line, provided that no pool or pool enclosure shall be placed within a utility or drainage easement. (5) For the purposes of subsections (3) and (4) of this subsection, in regulating location, the minimum distance requirement from a plot line shall be measured from the exterior of any enclosure, the masonry wall around pool, or from the inner edge or water line of the pool if not enclosed. (d) All utility/storage sheds and/or accessory buildings and uses within the city shall be placed on a reinforced concrete slab a minimum of four inches in thickness with an eight-inch by ten-inch depressed monolithic footer with one no. 5 reinforcing bar continuous on all sides unless other alternative means for anchoring such a structure are acceptable under the auspices of the Florida Building Code, Broward Edition. This requirement is in accordance with the Florida Building Code, Broward Edition. Should the building code be amended which effects this requirement the revised building code standard shall be the applicable code requirement. In addition, the following shall apply:

(1) All structures described in this subsection which are of a metal construction or are portable shall be provided with metro tie-downs or their equivalent, sufficient for protection from winds of hurricane force. (2) In no case shall any owner of any single-family or duplex residential property be permitted to construct, build, assemble, or otherwise cause the construction, building, or assemblage of a utility shed or sheds which exceed more than 196 150 square feet of gross floor area. The area shall be measured by the exterior dimensions of the utility shed. (3) Utility sheds having 80 square feet or less of enclosed floor area as measured by the exterior walls may be placed within the required side and rear setback requirements provided the following criteria is met and maintained: a. The shed does not exceed twelve eight feet in height as measured from the finished grade and no one side is longer than 14 12 feet in length. b. A minimum distance of three feet is maintained from the property line to the closest point of the shed whether it be the foundation, walls, eaves, or any part of the roof. This distance is to enable access for the maintenance of the property, the walls, and roof of the shed. c. The three-foot distance shall remain free and clear of obstructions and shall not be used for the open storage of household possessions or construction materials. Such possessions, as an example, would include, but not limited to bicycles, ladders, lawn equipment, and construction materials, such as plywood, lumber, etc. (4) In those situations, wherein, the rear yard line is contiguous to lands that are under the ownership of a public body or agency, the placement of a utility shed shall not be subject to any prescribed minimum setback distance from the rear yard line. However, this provision shall not exempt any side yard setbacks requirements when a side yard line is contiguous to land or lands under the ownership of a public body or agency. (5) In those situations, wherein, the principle structure was constructed utilizing a party wall, common wall, or zero lot line technique the side yard setback requirement for the placement of a utility shed may be exempt when the shed is placed near but not on the same line as the party wall, common wall or zero lot line technique. (Od. No. 91-11-800, § 3(Exh. A (art. 4, § 9)), 11-14-91; Ord. No. 07-06-1191, § 4, 5-29-07 Sec. 106-299. Plot coverage. The combined area occupied by all principal and accessory buildings in the RM-10 district shall not exceed 45 percent of the area of the plot for two-story buildings or 45 50 percent of the area of the plot for one-story buildings. (Ord. No. 83-2-497, art. 10, § 4, 2-24-8)

CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning and Zoning Board FROM: Tammy L. Reed-Holguin, Community Development Director BY: Andrew Disbury, Assistant Community Development Director DATE: March 5, 2024 SUBJECT: First Reading: ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RELATING TO THE REGULATION OF FENCES, WALLS AND HEDGES AMENDING SECTION 106 - 184 OF THE CITY CODE OF ORDINANCES. On January 30th, 2024, the City Commission directed staff to review this matter, implementing new regulations on the issuance of building permits for fences and walls in front yards throughout the City. Staff has since worked with City administration to draft amendments to the regulations pertaining to fences and walls. Tonight, we are presenting the attached Ordinance with amendments to the City Code for your consideration on first reading. BACKGROUND: The City Commission requested staff look into this specific ordinance due to a variety or variances being requested. The study that was conducted reviewed numerous other City’s regulations on fence heights in the front yard. Researched revealed everything from 0 to 8 feet in height. This conclusion resulted in recommendations to amend our zoning code to be consistent with the City Comprehensive Plan while addressing the concern of residences and maintain a uniform look and safety throughout the City. Recommendations include new restrictions increasing the height of fences to 4 feet but maintaining the fencing type to be decorative rod iron or painted white fencing and maintain gate access to the driveway setback appropriately. These amendments have been reviewed in relation to the City’s Comprehensive Land Use Plan and found to be consistent with the Goals, Objectives and Policies contained in the Plan. Administration recommends adoption of regulations to protect the interests of its residents.

RECOMMENDATION: The City Administration recommends approval of the attached ordinance by the Planning and Zoning Board to be considered by the City Commission amending Chapter 106 “Zoning” Section specifically section 106-184 of the City code to provide further clarification of fence heights in the front yard.

Fence Height Front Yard Fence 6' 8' Same Other Lauderhill X 4' Margate X X Tamarac X X Not Allowed North Lauderdale X Wilton Manors X X 4' Lauderdale Lakes X Not Allowed Coconut Creek X Agriculture only Lauderdale-by-Sea X X 25 Feet From Front Coral Springs X X Hollywood X X

Sec. 106-184. Fences, walls and hedges. (a) As used in the context of fence, wall and hedge regulations throughout the comprehensive zoning regulations of the city, the following words shall have the meanings indicated unless from the context in which they are used another meaning is clearly indicated: (1) Fence means a structure or partition erected for the purpose of having the effect of enclosing a piece of land dividing the land into distinct portions or providing ornamental relief and which impedes or restricts normal ingress or egress. A noncontinuous fence or series of fence sections which when placed impedes movement shall also be considered a fence. (2) Front yard means a yard extending across the full width of the lot between the front, street side, plot line and the nearest line of the main use or main building on the lot. On a corner lot, of which at least two adjacent sides abut for their full length upon a street, the front yard is considered to be the yard which provides the necessary front yard depth and contains the main entrance to the main building or main use. On double frontage residential lots, that front yard which is located on the rear side of the main use structure, side of the structure which is not used to determine street address or mailing address, shall be considered a rear yard. (3) Gate means a movable portion of the fence or wall which allows for access in and egress from the area for which the fence or wall is intended to secure. The gate may be unsecured which allows for free movement or the gate may be secured which would then require that some effort be made to release or move a mechanism which would then enable the gate to move freely. (4) Hedge means any row of plants of a shrubbing or bushing nature which provides a substantially solid barrier which impedes access or serves as a visual screen. (5) Rowhouses, townhouses, villas, patio homes, semi attached or semidetached housing means one of a series of single-family residences having one or more stories connected to each other by party walls and forming a continuous group constructed with the intention that each house shall be independently owned or occupied with separate utility connections. (6) Swimming pool means a body of water 18 or more inches in depth in an artificial or semi artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person or any organization of any kind, whether an owner, lessee, operator, licensee or concessionaire. For purposes of this definition, a whirlpool, hot tub or water spa shall not be considered a swimming pool. (7) Temporary construction fence means a chain link fence, which may not exceed a height of six feet from the grade upon which it is installed, used to enclose any area where active construction is in progress only for the duration of the construction. (8) Wall means a generally vertical and solid structure erected and supported on the ground and/or on another structure throughout the entire length of the wall, erected for the purpose of having the effect of providing security, enclosure, dividing land into distinct portions or providing ornamental relief, and which impedes ingress and egress. A non-continuous wall or series of wall sections which when placed impedes movement shall also be considered a wall. (b) Except and unless otherwise specifically provided or regulated in this Code, no fence, wall or hedge shall be erected or maintained along a lot line, or within the lot defined by it, on residentially zoned property to a height exceeding six feet on a side yard or rear yard, or along side or rear yard boundaries, and to a height exceeding 4 feet 2 ½ feet in a front yard for fences and walls and four feet for hedges unless other provisions apply:

(1) Except that when the side or rear yard abuts a public right-of-way hedges may be permitted to grow to a height not to exceed ten feet from the finished grade provided the hedge material is maintained in a neat and orderly fashion and that it does not grow over the property line thereby allowing it to extend into the right-of-way; (2) If it is determined by the development review committee, planning and zoning board, or governing body that a higher wall, fence or hedge between activities would further promote the general health, safety and welfare of the city, a recommendation by the development review committee and/or the planning and zoning board may be made to the governing body to approve such a wall or fence to a height not to exceed eight feet and a hedge to a height not to exceed ten feet. Such provisions are only intended to provide additional buffering and are only to be approved for those areas which have different zoning district designations; and (3) The fence, wall or hedge shall be allowably constructed or maintained up to the property line on residentially zoned property. In those instances where the fence to be constructed will be placed inside the property line, and there is an existing fence on the adjacent property, a sufficient distance and or access must be provided between the two fences in order to permit maintenance of the property located between the two fences without having to access the adjacent property. (c) Unless otherwise specifically provided in this Code, the following restrictions shall apply to all fences, walls and hedges in residential districts: (1) On a corner lot no fences, walls or hedges shall be erected or maintained at a street-bordering corner to a height exceeding 48 30 inches above the crown of the most adjacent roadway in the area forming an imaginary triangle bounded on two sides by the two lot lines intersecting to form such corner, with the third side of such triangle being formed by the imaginary line between the imaginary points located along each of such intersecting lot lines a distance of 25 feet from the point of intersection. If a parcel has a circular shape at the corner where two paved thoroughfares intersect, then the two lot lines of the sides of the property which border the bordering streets shall be imaginarily extended to form the point of intersection of said two lot lines for the purposes of measurement. (2) No fences or walls shall be erected or maintained to a height exceeding 48 30 inches above the crown of the adjacent roadway within any required front yard. Hedges may not exceed four feet in height from the crown of the adjacent roadway except in those situations as delineated in subsection (1) of this subsection wherein the 30-inch height shall prevail. (3) No fences, walls, or hedges shall be erected or maintained within ten feet of the pavement edge of streets or alleys. (4) It is recommended that any hedge material be planted a minimum of two feet from the property line to allow room for growth and access for maintenance. (d) There shall be no barbed wire fencing material permitted in or adjacent to residential districts. No electrified or boobytrapped fences, walls or hedges shall be permitted anywhere within the city. Walls, fences or hedges may not be laced with any type objects placed for the intended purpose of or having a substantial likelihood of causing bodily injury should contact occur. Hedging material having a natural growth of thorns or barbs shall be exempt from these provisions. (e) With the exception of decorative wrought iron and metal materials fabricated to appear to be of a wooden material, no metal fencing shall be permitted as fencing material within a front yard. In addition, all front yard fencing material shall maintain a minimum of 40 percent openness throughout the length of the fence. As an example, for every ten inches of linear fencing there must be four inches of openness. This openness must be maintained from the ground to the top of the fence. Support railings would be exempt from the openness calculations provided no more than two support railings are used. No solid fencing shall be permitted within any front yard. Fencing types and styles which impede visual penetration, known as privacy fences, shall not be permitted within any front yard.

(f) Unless otherwise indicated in this section, all height measurements for determination of compliance with this section shall be made from the average finished grade of the lot. No fence or wall may be placed on any portion of a earthen mound or berm unless the height of the fence or wall is adjusted to not be higher than six feet from the average finished grade of the lot. (g) All swimming pools constructed and maintained within the city shall be completely enclosed by a fence, wall, permanent screen enclosure or combination thereof, which fence, wall or enclosure shall be a height of six feet above the finished grade upon which such wall or fence is erected; except that a pool may be constructed in a yard provided the following conditions are met: (1) Main use buildings or accessory buildings meeting height requirement for fences and walls, as described in this subsection, may be used to form part of the required enclosure. (2) If, in constructing such wall or fence, as provided, the finished grade at the location where the proposed fence is to be located contains an earthen mound or berm and it would result in the fence or wall exceeding the six-foot height limitation then the earthen mound or berm will have to be reduced or removed so as to bring the subject fence in compliance with all other height limitation requirements of this section. To erect a shortened fence on the top of a mound circumvents the intent of prohibiting unauthorized access. (3) The fence, wall or screen enclosure, or combination of the same, enclosing a swimming pool shall be so erected as to enclose the swimming pool in its entirety and shall be so constructed as to prohibit unrestricted and unauthorized access to the enclosed area and shall not have openings, holes or gaps in the fence, wall or screen, or combination thereof, in excess of four inches in any dimension. All doors and gates shall be of the self-closing and self-latching type so that they shall automatically be in a closed and fastened position at all times when not in actual use. Sliding doors in conjunction with the main use or main building are exempted from the spring-lock requirement when such main use or building forms a part of the screened enclosure, fence and/or wall enclosing the pool. (h) Fences are not located within required setback areas or in violation of the fence placement requirements or restrictions set forth elsewhere in this section. Open fences may be constructed to a height not in excess of ten feet when such fence surrounds a tennis court. An open fence means any fence that does not restrict visibility or wind flow. An example of such would be a chainlink type material fence. The lower six feet of such fence may be of solid fence or wall-type construction. (i) A city building permit shall be required for the construction of any fence or wall regulated by this section. The provisions of this section shall be prospective in application and all fences, walls, and hedges in existence within the city on September 27, 1979, which do not conform to the requirements as contained in this section are hereby exempted and may be continued as they exist. All additions and/or modifications to fences, walls, and hedges exempted from the requirements of this section shall strictly conform to all requirements hereof. However, as to fences and walls enclosing swimming pools, when a swimming pool is constructed subsequent to November 14, 1991, the fences and/or walls enclosing the same shall be required to strictly conform to the provisions of this section. (j) Any fence or wall shall not be considered a fence or wall and shall not be required to obtain a permit provided the following is met: (1) The fence or wall is less than two feet in height as measured from the finished grade; and (2) The fence or wall is used to define and/or protect a landscaped area, garden bed or an area which is undergoing restoration. (k) All fences shall be constructed of such materials so as not to be unsightly and shall be firmly anchored and affixed to the land so as not to cause a hazard to surrounding property. All fences within the city shall be properly maintained so as not to become unsafe or unsightly. All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike manner.

(l) The finished side of a wooden fence shall face the abutting residential property. For purposes herein the finished side of a wooden fence shall be that side which contains the surface planking and conceals, for the most part, the structural members of the fence. In those cases where a wooden fence cannot be erected with the finished side out due to an existing opaque or solid fence, or barrier of some sort on the adjacent property or the adjacent property is not directly used for residential activities such as a parking lot, drive or alley or the adjacent property is not directly used for residential activities such as a parking lot, drive or alley the zoning administrator may waive the requirement for the finished side out. Such waiver may only be granted when requested in writing and after a field verification by the zoning administrator or his designate confirms that such obstruction or non-direct residential activity exists. When both sides of a fence are identical both shall be considered as finished sides. (m) The city, other governmental agencies, and public utility companies shall be exempt from the fencing requirements contained in this section when the purpose of the fence is to protect public facilities from unauthorized access. The requirement to secure a permit shall not be exempted. (n) A fence or wall may be constructed within an identified and duly recorded easement provided the property owner has: (1) Obtained a release from all the public agencies or utility entities having rights to the easement; or (2) Submitted a notarized letter to the city attesting to the fact and acknowledging that should access or improvements to the infrastructure systems be necessary the property owner will assume all responsibilities for costs incurred in obtaining that access and for the restoration of the area after the repairs are made. Such letter shall hold harmless the city, its officials and agents, as well as all other officials and agents of other governmental agencies and public utilities having a right of access to such easement. (o) Owners of residentially zoned property adjacent to the following road rights-of-way, who submit an application for a permit to install a fence, shall be required to install a uniform vertical board-on-board or stockade wood fence, six feet in height, along the property boundary adjacent to: (1) The east side of Rock Island Road from McNab Road north to Tam O'Shanter Boulevard; (2) The west side of Rock Island Road from Tam O' Shanter Boulevard north to the south side of the canal located adjacent to the property legally described as "Lauderdale North Park Commercial Parcel B"; (3) The east and west sides of 81st Avenue from Southgate Boulevard south to Bailey Road, except those areas where the concrete wall is installed; (4) The north side of Southgate Boulevard; and, (5) All corner lots with fences perpendicular to the road rights-of-way listed above. The fence shall be painted in the following color: Benjamin Moore (Moorcraft Super Spec Low Lustre Latex Exterior House Paint) # 134 or identical color from another company. Color paint chips will be available from the city. In the event the cost to repair or replace an existing fence along the property line adjacent to the above mentioned road rights-of-way is equal to or greater than 50 percent of the cost to install a new fence along the property line adjacent to the above-mentioned road rights-of-way, the owner shall install a new uniform fence in conformance with this subsection. (p) The community development department, shall provide for the administrative review and approval of fences installed as part of a multistory or multistructure complex which is under the same ownership or management, including those complexes located along the rights-of-way specified in subsection 106-184(o) and for all temporary construction fences. The administrative review shall include a review of the type of fence, including the material of construction, and the color and height of the fence. The administrative review shall provide the owner or management company with alternative building materials and/or color for the fence.

(q) Any request to the community development department to replace concrete slats with other than concrete slats shall be consistent with and meet the minimum requirements of the Florida Building Code criteria and also shall have received a local product control notice of acceptance subsequent to permitting, review and acceptance of same by the community development department. (r) The color of such fencing and fencing materials in multistory, multistructure facilities under the same ownership or management shall be determined by the community development department upon proper application. The color of the fencing and fencing materials may be other than the color of white so long as such color is complimentary to the multistory, multistructure facility, and is uniform and consistent with prudent aesthetic standards otherwise set forth in this comprehensive zoning ordinance. (s) Temporary construction fences are required for all outdoor construction projects. Temporary construction fences may only be permitted for the duration of the active construction period of the site development. All temporary construction fences must comply with the applicable provisions of Florida Building Code, as amended. The community development department may require additional conditions of approval to address safety concerns. Upon permit approval by the community development department, the temporary construction fence may be erected no sooner than the time of application for the primary building permit and must be removed within two weeks of completion of construction. Completion of construction shall be evidenced by the issuance of a certificate of occupancy or expiration of the building permit. An opaque, flexible, screen made of mesh, or other material approved by the community development department, may be attached and must be maintained in good visual condition throughout the construction period. A construction sign may be attached or printed on the opaque screen. All other sections of the city code pertaining to fencing must be met. (Ord. No. 91-11-800, § 3(Exh. A(art. 4, § 8)), 11-14-91; Ord. No. 93-8-855, § 2, 8-26-93; Ord. No. 02-09-1058, § 2, 9- 13-02; Ord. No. 06-01-1145, § 2, 1-10-06; Ord. No. 07-06-1191, § 4, 5-29-07; Ord. No. 18-01-1365 , § 2, 1-30-18)