| Broward County’s Code of Ordinances contains a number of provisions that impact affordable housing. The County’s building and land use regulations is contained in Chapter 5.
Broward County has a housing assistance program that is detailed in Section 5-553. Eligible sponsors can use these funds to acquire and rehabilitate housing and to pay impact fees for eligible housing. In addition sponsors can create land bank programs, lease purchase programs, and pay for predevelopment expenses for single family and multifamily housing. Very-low-income persons must occupy at least 30 percent of the units and low-income persons must occupy an additional 30 percent of the units.
The County also has an ordinance that regulates the conversion of rental housing into condominium or cooperative housing. The ordinance requires owners to extend leases of effected tenants to enable them to find suitable replacement housing. This language can be found in Section 5-299 of the Code. In Section 5-41 the County exempts non-residential farm buildings from the building code. Section 5-42 prohibits nonresidential farm buildings from being used as residences.
The Code also prohibits a number of discriminatory practices in real estate transactions. These prohibited practices are contained in Section 16 1/2-23.1. The Code also describes a number of accessibility requirements that multifamily housing must meet if constructed after 1991. Some of these requirements include having at least one (1) building entrance on an accessible route, having public use and common use portions of such dwellings readily accessible and usable by disabled persons, having all doors sufficiently wide to allow wheelchairs and having all environmental controls in accessible locations.
The County Zoning ordinance has a number of sections that impact affordable housing. The Code addresses the issue of nonconforming uses in Section 39-70. Broward County allows certain nonconforming uses and also permits reconstruction of nonconforming uses if damage does not exceed 51 percent of the value of the structure. The Code exempt some multifamily housing from this requirement and allows reconstruction of the housing to the original density, height, setbacks, plot coverage and amount of off-street parking.
The County allows home offices under certain conditions as outlined in Section 39-237. No more than ten percent of the dwelling may be used for the home office, no merchandise or equipment may be stored on site, no signs are allowed, and the owner must obtain a permit to use a home office.
The County manages the development and maintenance of mobile home parks in Section 39-322.
Some of the provisions in this article include the restrictions on commercial vehicle parking, easements, fences and hedges, keeping of livestock, signs, and storage of junk.
Broward County has impact fees for local and regional parks and transit facilities. The fee schedules are contained in Section 5-182. Regional and local park fees vary by type of development, with the current regional park fee for a 3-bedroom single family home being $347. An apartment with the same number of bedrooms would be assessed a fee of $248. The County would charge a 3-bedroom mobile home a $352 fee . The County also charges a transit impact fee on new industrial, commercial, and residential land developments. The County varies the amount of the transit fees on residential development depending on the type of structure being developed.
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