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File #: 26-84    Version: 1 Name:
Type: Ordinance / Regular Agenda Status: Regular Agenda Ready
File created: 11/3/2025 In control: City Commission
On agenda: 11/13/2025 Final action:
Title: P.H. 2026-15: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 155, "ZONING CODE," OF THE POMPANO BEACH CODE OF ORDINANCES, BY AMENDING SECTION 155.3203., "SINGLE-FAMILY RESIDENCE 2 (RS-2)," SECTION 155.3208., "MULTIPLE-FAMILY RESIDENCE 7 (RM-7)," SECTION 155.3209., "MULTIPLE-FAMILY RESIDENCE 12 (RM-12)," SECTION 155.3210., "MULTIPLE-FAMILY RESIDENCE 20 (RM-20)," SECTION 155.3211., "MULTIPLE-FAMILY RESIDENCE 30 (RM-30)," SECTION 155.3212., MULTIPLE-FAMILY RESIDENCE 45 (RM-45)," SECTION 155.3302., "LIMITED BUSINESS (B-1)," SECTION 155.3303., "COMMUNITY BUSINESS (B-2)," SECTION 155.3304., "GENERAL BUSINESS (B-3)," SECTION 155.3305., "HEAVY BUSINESS (B-4)," SECTION 155.3306., "MARINE BUSINESS (M-1)," AND SECTION 155.3501., "TRANSIT ORIENTED (TO)" TO MODIFY BUILDING HEIGHT AND SETBACK MEASUREMENTS;" BY AMENDING SECTION 155.5302., "FENCES AND WALLS" TO MODIFY FENCE HEIGHT MEASUREMENTS; BY AMENDING SECTION 155.9401, "MEA...
Attachments: 1. City Attorney's Comm. 2026-14.pdf, 2. Ordinance.pdf, 3. PZ Approval Memo 24-034.pdf, 4. Staff Report_Building Height Text Amendment.pdf, 5. P&Z Presentation - Building Height.pdf, 6. PZB Minutes.pdf, 7. Business Impact Estimate
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title

P.H. 2026-15: (PUBLIC HEARING 1ST READING)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 155, “ZONING CODE,” OF THE POMPANO BEACH CODE OF ORDINANCES, BY AMENDING SECTION 155.3203., “SINGLE-FAMILY RESIDENCE 2 (RS-2),” SECTION 155.3208., “MULTIPLE-FAMILY RESIDENCE 7 (RM-7),” SECTION 155.3209., “MULTIPLE-FAMILY RESIDENCE 12 (RM-12),” SECTION 155.3210., “MULTIPLE-FAMILY RESIDENCE 20 (RM-20),” SECTION 155.3211., “MULTIPLE-FAMILY RESIDENCE 30 (RM-30),” SECTION 155.3212., MULTIPLE-FAMILY RESIDENCE 45 (RM-45),” SECTION 155.3302., “LIMITED BUSINESS (B-1),” SECTION 155.3303., “COMMUNITY BUSINESS (B-2),” SECTION 155.3304., “GENERAL BUSINESS (B-3),” SECTION 155.3305., “HEAVY BUSINESS (B-4),” SECTION 155.3306., “MARINE BUSINESS (M-1),” AND SECTION 155.3501., “TRANSIT ORIENTED (TO)” TO MODIFY BUILDING HEIGHT AND SETBACK MEASUREMENTS;” BY AMENDING SECTION 155.5302., “FENCES AND WALLS” TO MODIFY FENCE HEIGHT MEASUREMENTS; BY AMENDING SECTION 155.9401, “MEASUREMENT,” AND PART 5., “TERMS AND USES DEFINED” TO FURTHER CLARIFY MEASUREMENT REFERENCES FOR BUILDING HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

(Fiscal Impact: N/A)

 

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(Staff Contact: Max Wemyss/David Recor)

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Summary Explanation/Background:

Staff is recommending text amendments to the Zoning Code regarding the measurement of the height of structures. The amendments occur in Article 3 (Zoning Districts), Article 5 (Development Standards), and Article 9 (Definitions and Interpretations).

Measurement and Definition of Height (main amendment):
Staff proposes to modify the way that the height of a structure is measured by differentiating between habitable structures and uninhabitable structures. Habitable structures are to be measured from the required finished floor elevation rather than the finished grade. Measuring from the finished grade resulted in a loss of permitted building height due to the difference between the grade of a property and the elevated (generally for FEMA compliance) finished floor of a property. This also put us in conflict with our Comprehensive Plan policies to accommodate development adaptations to sea level rise and the resulting floodproofing regulations. Additionally, some standards in our zoning code encourage taller ground floors (to promote viable retail spaces) in multistory and mixed-use buildings while also requiring a limitation in building height in feet rather than stories. This hard number for building height maximum, inclusive of the taller ground floor and the difference between the finished floor elevation and the grade, collectively restricts building height in an unintended way.

Processing this amendment resulted in a review of height standards throughout the zoning code. Several minor changes are proposed either as corrections/clarifications or as a result of the proposed change rendering another regulation redundant.

Finally, the amendments include changes to the measurement of fences and walls to accommodate the heights of retaining walls and seawalls to still permit privacy for properties on either side of the property line. This would result in a higher fence/wall when measured from the adjacent property, if that property has a lower average elevation.

This item was presented to the Planning and Zoning Board where it received a unanimous recommendation of approval. The backup includes the staff report and presentation provided to the Planning and Zoning Board.

 

Origin of request for this action: Development Services

Fiscal impact and source of funding: N/A

 

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