§ 47-18.21. Mixed use development.

A.

Generally. To encourage diversity of compatible land uses on the same development parcel, which uses may include a mixture of residential uses in conjunction with commercial retail sales, service or office uses, the city may permit mixed use development (MXU) as a conditional use, consistent with the provisions of the city's land use plan, and in accordance with the following requirements.

B.

Definitions.

1.

Mixed use development. A mixed use development is a development parcel which includes a mixture of residential dwelling units and commercial retail sales, service or office uses. A mixed use development may consist of the following:

a.

Mixed use—single use buildings. A mixed use development which contains both residential and commercial business uses that are housed in separate buildings.

b.

Mixed use—mixed use buildings. A mixed use development which contains a mixture of residential and commercial business uses within the same building.

C.

Mixed use development on residential land use designated parcels. The city may permit a mixed use development when the development site has a residential medium, residential medium high or residential high land use designation(s), when permitted by the zoning district, subject to the following:

1.

Residential medium land use. On a development site which has a residential medium land use designation, subject to the following:

a.

The MXU shall be located in the same building and shall include residential uses only in conjunction with office use; and

b.

At least fifty percent (50%) of the gross floor area of the MXU building shall be for residential uses; and

c.

Office uses shall be limited to the floor(s) of the building below the residential use.

2.

Residential medium high and residential high land use. The city may permit a MXU when the development site has a residential medium high or residential high land use designation(s) subject to the following:

a.

The MXU shall be located in the same building and shall include residential uses in conjunction with retail sales or retail services or office uses; and

b.

At least fifty percent (50%) of the gross floor area of the MXU building shall be for residential uses; and

c.

Business uses, as described in subsection F.3 shall be limited to the floor(s) of the building below the residential use.

3.

Locational limitations. When located within a residential zoning district, mixed use development shall only be permitted on parcels abutting the following rights-of-way, and shall have a minimum lot frontage of fifty (50) feet with access from the following rights-of-way:

a.

N.W. 19th Street.

b.

Davie Boulevard (S.W. 12th St.) west of Federal Highway.

c.

Miami Road.

d.

Broward Boulevard.

e.

Sistrunk Boulevard.

f.

East Las Olas, where the parcel is not separated by a canal.

g.

N.W. and N.E. 13th Street, between N.W. 9th Ave. and Federal Highway.

D.

Mixed use development on commercial land use designated parcels. The city may permit a mixed use development when the development site has a commercial land use designation, subject to the following:

1.

Approval of an allocation of available flexibility units, without the need to amend the city's land use plan or rezone land. For definition of flexibility units, see Section 47-28, Flexibility Rules.

2.

The MXU shall include residential uses in conjunction with business uses as provided below in Section 47-18.20.F.3;

3.

The residential floor area of the MXU does not exceed fifty percent (50%) of the gross floor area of the building; or

4.

If the MXU is in the same building, business uses shall be limited to the floor(s) below the residential use; or

5.

For a development site that is less than five (5) acres in size, single use residential buildings are permitted. No business uses are required; or

6.

For a development site that is greater than five (5) acres in size, single use multifamily buildings may be permitted provided gross residential acreage does not exceed five (5) acres or forty percent (40%) of the total gross acreage of the development site, whichever is greater.

E.

Mixed use development (MXU) on employment center land use designated parcels. The city may permit a mixed use development when the development site has an employment center land use designation, subject to the following:

1.

Approval of an allocation of available flexibility units. For definition of flexibility units, see Section 47-28, Flexibility Rules.

2.

The MXU includes residential uses in conjunction with the business uses as provided below in subsection F.3.

3.

The residential floor area of the MXU does not exceed fifty percent (50%) of the gross floor area of the building; or

4.

If the MXU is in the same building, business uses shall be limited to the floor(s) below the residential use; or

5.

For a development site that is less than the ten (10) acres in size, single use residential buildings are permitted. No business uses are required; or

6.

For a development site that is greater than ten (10) acres in size, single use multifamily buildings may be permitted provided gross residential acreage does not exceed the ten (10) acres or forty percent (40%) of the total gross acreage of the development site, whichever is greater.

7.

Notwithstanding any other provisions of the ULDR to the contrary, the dimensional requirements for MXU on employment center designated land shall be governed by the dimensional requirements set forth in Section 47-6.20, Table of dimensional requirements, for the CB district.

F.

Permitted uses.

1.

The residential and business uses permitted within a mixed use development are as provided by the zoning district where the mixed use development is located.

2.

The residential density is limited as provided by the zoning district where the mixed use development is located unless flexibility units are allocated in accordance with Section 47-28, Flexibility Rules, however, in no case shall residential density exceed fifty (50) dwelling units per gross acre, except where:

a.

There exists a residential dwelling; and

b.

The residential dwelling is located on property designated commercial on the city's land use plan; and

c.

The dwelling was legally permitted at a density greater than fifty (50) units per gross acre;

in which case an allocation of flexibility units may be permitted up to the density of the existing residential dwelling.

The maximum density for mixed use east of the Intracoastal Waterway shall be twenty-five (25) units per gross acre.

3.

The business uses permitted in an MXU are as follows:

a.

When located in a residential zoning district, the aggregate of the business use or uses shall be no greater than an aggregate ten thousand (10,000) square feet in gross floor area:

i.

Commercial recreation:

a)

Indoor motion picture theater, less than five (5) screens.

ii.

Food and beverage service:

a)

Bakery store.

b)

Bar, cocktail lounge, nightclub.

c)

Cafeteria.

d)

Candy, nuts store.

e)

Delicatessen.

f)

Food and beverage.

g)

Fruit and produce store.

h)

Grocery/food store.

i)

Ice cream/yogurt store.

j)

Liquor store.

k)

Meat and poultry store.

l)

Restaurant.

m)

Seafood store.

n)

Supermarket.

iii.

Retail Sales:

a)

Antiques store.

b)

Apparel/clothing, accessories store.

c)

Arts and crafts supplies store.

d)

Art galleries, art studio.

e)

Bait and tackle store.

f)

Bicycle shop.

g)

Book store.

h)

Camera, photographic supplies store.

i)

Card and stationery store.

j)

Cigar, tobacco store.

k)

Computer/software store.

l)

Consignment, thrift store.

m)

Cosmetic, sundries store.

n)

Department store.

o)

[ Reserved. ]

p)

Fabric, needlework, yarn shop.

q)

Flooring store.

r)

Florist shop.

s)

Furniture store.

t)

Gifts, novelties, souvenirs store.

u)

Glassware, china, pottery store.

v)

Hardware store.

w)

Hobby items, toys, games stores.

x)

Holiday merchandise, outside sales, see Section 47-18.15.

y)

Household appliances store.

z)

Jewelry store.

aa)

Linen, bath, bedding store.

bb)

Luggage, handbags, leather goods store.

cc)

Music, musical instruments store.

dd)

Newspapers, magazines store.

ee)

Optical store.

ff)

Paint, wallpaper store.

gg)

Party supply store.

hh)

Pet store.

hh-1)

Pharmacy.

ii)

Shoe store.

jj)

Sporting goods store.

kk)

Tapes, videos, music CD's stores.

iv.

Services/Office Facilities:

a)

Film processing store.

b)

Copy center.

c)

Formal wear, rental.

d)

Hair salon.

e)

Health and fitness center.

f)

Instruction: fine arts, sports and recreation, dance, music, theater.

g)

Interior decorator.

h)

Mail, postage, fax service.

i)

Massage therapist.

j)

Medical clinic.

k)

Nail salon.

l)

Photographic studio.

m)

Professional office.

n)

Shoe repair, shoe shine.

o)

Tailor, dressmaking store, direct to the customer.

p)

Tanning salon.

q)

Watch and jewelry repair.

b.

The following business uses may be permitted to exceed ten thousand (10,000) square feet:

i.

Department store.

ii.

Offices.

c.

Accessory Uses, Buildings and Structures, see also Section 47-19.

i.

Child day care facilities, as provided by the district where the mixed use development is located and subject to the requirements of Section 47-18.8.

ii.

Film processing when accessory to pharmacy or copy center.

iii.

Outdoor dining and sidewalk café, see Section 47-19.9.

G.

Parking requirements. The total number of required off-street parking spaces for an MXU shall be equal to the sum of the required parking for each use as if provided separately. See Section 47-20, Parking and Loading Requirements.

H.

Landscaping and open space requirements. Street trees shall be planted and maintained along the street abutting the property where the MXU is located to provide a canopy effect. The type of street trees may include shade, flowering and palm trees. The trees shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on the height, bulk, shadow, mass and design of the structures on the site and the proposed development's compatibility to surrounding properties. Open space and landscaping shall be required in conjunction with residential uses in a mixed use development according to the following:

1.

For mixed use development in a residential zoning district, landscaping shall be as required by Section 47-21.10 for the zoning district in which the mixed use development is located.

2.

For development in a mixed use development in other than a residential zoning district, open space shall be required. Open space, for the purposes of this section, shall include all areas on the site not covered by structures, other than covered arcades, or not covered by vehicular use area. Covered arcades with a minimum width of ten (10) feet and at least one (1) side open to a street shall be credited towards open space requirements. The required open space shall include seating and shade provided by trees, canopies, or other unenclosed shade structures. A minimum of fifty percent (50%) of the required open space shall be in living materials used in landscaping which areas may be above grade. At least forty percent (40%) of the required open space shall be provided at-grade and the remaining open space shall be accessible to individual residential units or through a common area, or both. The total amount of open space required shall be calculated based on the size and density of the development, as follows:

a.

For development of twenty-five (25) residential units or less, or developments of fifteen (15) dwelling units per acre or less density: a minimum of two hundred fifty (250) square feet of open space per unit;

b.

For developments of between twenty-six (26) and one hundred (100) residential units, or developments of greater than fifteen (15) dwelling units per acre and up to twenty-five (25) dwelling units per acre density: a minimum of two hundred (200) square feet of open space per unit;

c.

For developments of more than one hundred (100) residential units, or developments of greater than twenty-five (25) dwelling units per acre density: a minimum of one hundred fifty (150) square feet of open space per unit;

d.

For developments which fall into more than one (1) of the above categories, the lesser open space requirement shall apply.

e.

For the property located east of the Intracoastal Waterway, the percentage of landscape materials provided above grade as permitted by this section shall also be provided off-site in an area impacted by the development as determined by the development review committee or an owner shall be required to pay a cash equivalent to the city to be used to landscape a public area impacted by the development.

f.

Developments shall be required to meet the vehicular use area requirements as provided in Section 47-21, Landscape and Tree Preservation.

3.

A mixed use development shall contain a public plaza open to the sky which includes pedestrian amenities such as landscaping, benches and fountains. The public plaza shall be a minimum size of one thousand four hundred (1,400) gross square feet and shall be located to provide the principal pedestrian access to the mixed use development. A covered arcade with a minimum width of ten (10) feet may substitute for up to fifty percent (50%) of the above public plaza requirements.

I.

Dimensional requirements. The dimensional requirements of a mixed use development shall be as follows:

1.

Density. The density shall be the same as applies in the zoning district where the development is located.

2.

Minimum lot size. Ten thousand (10,000) gross square feet.

3.

Maximum structure length. Two hundred (200) feet for single use residential buildings.

4.

Maximum height. The same as the district where the mixed use development is located.

5.

Minimum lot width. One hundred (100) feet.

6.

Minimum floor area. Four hundred (400) square feet for each multifamily dwelling unit.

7.

Yards. Yards shall be the same as the district where the mixed use development is located.

J.

Sidewalk requirements. A minimum seven-foot wide sidewalk along the street abutting the property proposed for an MXU in a location approved by the city engineer shall be required. Mixed use developments on property within a nonresidential zoning district lying east of the Intracoastal Waterway will be required to provide ten-foot sidewalks in a location and manner approved by the city engineer.

K.

Requirements for conditional review and approval. In addition to the requirements established by this section, any mixed use development shall be subject to the requirements for a conditional use permit, as provided in Section 47-24.3.

(Ord. No. C-97-19, § 1(47-18.20), 6-18-97; Ord. No. C-97-51, §§ 5, 6, 11-4-97; Ord. No. C-99-16, § 1, 3-16-99; Ord. No. C-01-10, § 2, 4-5-01; Ord. No. C-11-14, § 7, 6-21-11 )