(a)

The County Administrator shall designate County personnel who shall have the authority to enforce the provisions of this code.

(b)

Where it is found that any of the provisions of this code are being violated, enforcement proceedings may be initiated against the real property owner, the tenant, if applicable, and any other person violating the provisions of this code. Any enforcement procedure authorized by the Broward County Code of Ordinances or State law may be used to enforce the provisions of this code. The County Administrator or the designee of the County Administrator, as designated in the Broward County Administrative Code, shall have the sole discretion to determine which method of enforcement is appropriate, and whether more than one (1) method of enforcement should be brought.

(c)

In addition to enforcement by the County Administrator, the provisions of this code may be enforced by the Broward Sheriff's Office as violations of a County ordinance and, as such, shall be punishable as provided by Section 125.69, Florida Statutes.

(d)

Further, the County Commission may direct the County Attorney to bring an action for injunctive or other relief in appropriate circumstances.

(e)

Where this code includes regulations on the same point as contained in any other law or ordinance, the provisions of this code shall govern; except that where the regulations of the other law or ordinance are more restrictive than those of this code, the other shall govern.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 3, 11-28-95; Ord. No. 2013-04, § 2, 2-12-13)

(a)

The areas assigned to these districts, the designations of same, and the boundaries of said districts shown upon the digital zoning map that are available online from the Urban Planning Division and made a part of this code are hereby established, said digital zoning map and the proper notations, references, and other information shown thereon shall be as much a part of this code as if the matters and information set forth by said digital zoning map were fully described herein.

(b)

Each district shall be subject to the regulations stipulated in this code.

(Ord. No. 95-50, § 3, 11-28-95; Ord. No. 2000-36, § 2, 8-22-00; Ord. No. 2025-15, § 2, 4-1-25)

Editor's note— The maps referred to in this section are not printed herein but are on file in the county offices.

(a)

Unless otherwise shown, the district boundaries are as defined in the resolutions and ordinances which zone the various properties in the unincorporated areas of Broward County, or the subdividing or boundary lines of recorded plats, or the extensions thereof. Where the districts designated on maps accompanying and made a part of this code are approximately bounded by expressways, highways, street lines, or alley lines and the expressway, highway, street, or alley is a district boundary line between two (2) or more different zoning districts, the district boundary line shall be the center line of such expressway, highway, street, or alley.

(b)

Where, due to the scale or illegibility of the district map, or due to the absence of an expressway, highway, street, alley, or recorded subdividing or boundary line of a recorded plat, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundary, the County Commission shall have the authority and duty of interpreting the intent of said district maps so as to determine and designate the proper location of such district boundary in accordance with the spirit and purpose of this code.

(c)

Water areas.

(1)

The water surface and the land under the water surface, of all canals, rivers, waterways, ponds, lakes and other water areas in Broward County not otherwise zoned are hereby placed in the same zoning district as the land which it abuts as shown on the zoning district maps. Where the zoning districts shown on the zoning district maps are different on opposite sides of the water area, then the kind of zoning district on each side shall extend to the center line or midpoint of the water area.

(2)

For convenience of mapping and clarity, the zoning of water areas is not shown on the zoning district maps but is determined by the provisions of this section.

(d)

Districting of vacated ways. Where a street or alley shown on a zoning district map is hereafter officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way shall be included within the zoning district of adjoining property on either side of said vacated street or alley. In the event such street or alley was a district boundary between two (2) or more different zoning districts, the new district boundary shall be the former center line of such vacated street or alley.

(e)

Railroad rights-of-way. Where not otherwise indicated on zoning district maps or specified in this code, railroad rights-of-way are hereby placed in the same zoning district as indicated or specified for abutting property; except that where the zoning districts are different on opposite sides of a railroad right-of-way, the railroad right-of-way is hereby placed in the more restrictive district of the two (2) zoning districts abutting the right-of-way.

(Ord. No. 95-50, § 4, 11-28-95; Ord. No. 2000-36, § 3, 8-22-00; Ord. No. 2013-04, § 2, 2-12-13)

Any property which has not been placed in a zoning district, has been deannexed from a municipality, or which has not otherwise been zoned, is hereby classified as the most restrictive zoning district classification consistent with the designation of the said unzoned lands as indicated in the Future Unincorporated Area Land Use Element Map Series.

(Ord. No. 90-12, § 4, 6-26-90; Ord. No. 95-50, § 5, 11-28-95; Ord. No. 2000-36, § 4, 8-22-00)

Whenever the permitted uses or district regulations applicable to any zoning district permit some uses that are not permitted by the applicable land use plan designation for the property, the provisions of the land use plan shall operate to prohibit those uses on that property as if such restrictions were fully set forth in this code. Where an existing lawful use of land or a structure is no longer permitted by the applicable land use plan restrictions, such use of land or structures shall be considered nonconforming and subject to article VII, Nonconforming Uses and Structures of this code unless a contrary result is specifically provided for in the land use plan.

(Ord. No. 89-36, § 1, 9-26-89; Ord. No. 95-50, § 5, 11-28-95)

(a)

No building or structure, or part thereof, on land or water shall be erected, altered, moved, or used unless a permit consistent with all applicable provisions of this code shall have been first obtained for such work.

(b)

Any permit issued pursuant to this section shall be valid for a period of one (1) year from the date of issuance or approval of a final inspection, whichever occurs first. Any expired permit which is not renewed within sixty (60) days of the date of expiration shall become void; and any new permit shall be subject to all current requirements of the Broward County Zoning Code.

(c)

A permit card and a set of approved plans shall be available on the site where the construction is occurring at all times a scheduled inspection is being conducted to ensure compliance with such approved plans.

(d)

A construction layout survey shall be submitted to the zoning official or designee prior to or at commencement of construction of any building or structure on undeveloped property to ensure compliance with the approved site plan. Such survey shall also indicate all easements and rights-of-way of record.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 93-44, § 1, 11-23-93; Ord. No. 95-50, § 6, 11-28-95; Ord. No. 2013-04, § 2, 2-12-13)

(a)

No building permit shall be issued for the erection, or alteration of any building or structure or part thereof, or for the use of any land or water, which is not in conformity with all the provisions of this code.

(b)

No license, permit or certificate shall be issued by any department, agency or official of Broward County for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve, in any way, or constitute a violation of this code, or upon any premises where a violation of this code is pending or unresolved.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 7, 11-28-95)

(a)

All applications for permits to construct a building or structure on undeveloped property shall be accompanied by the following:

(1)

Two (2) site plans, drawn to a scale of a minimum one (1) inch equals fifty (50) feet, showing the actual dimensions of the plot involved in the application, the location of the structure proposed, yards, setbacks, easements, and rights-of-way, as well as such other pertinent information as may be necessary for the enforcement of this code.

(2)

Two (2) sealed copies of a boundary survey. Such survey shall indicate all easements and rights-of-way of record.

(3)

Two (2) sets of floor plans drawn to a minimum scale of three-eighths (⅜) inch equals one (1) foot, and three (3) sets of elevation plans of all proposed buildings and structures drawn to a minimum scale of three-sixteenths ( 3/16 ) inch equals one (1) foot.

(b)

All applications for permits to construct a new building or structure on developed property, or to add to or alter an existing building or structure, including construction or erection of signs, dumpster enclosures, landscaping, or offstreet parking facilities, shall be accompanied by the following:

(1)

Two (2) site plans, drawn to a scale of a minimum one (1) inch equals fifty (50) feet, showing the actual dimensions of the plot involved in the application, all existing buildings and structures on the plot, and all proposed new construction, yards, setbacks, easements, and rights-of-way, as well as such other pertinent information as may be necessary for the enforcement of this code.

(2)

Two (2) sealed copies of an as-built survey describing and depicting the plot involved in the application and indicating all easements and rights-of-way of record.

(3)

Two (2) sets of floor plans drawn to a minimum scale of three-eighths (⅜) inch equals one (1) foot, and three (3) sets of elevation plans of all proposed buildings and structures drawn to a minimum scale of three-sixteenths ( 3/16 ) inch equals one (1) foot.

(c)

Any permit application which is not approved due to lack of compliance with this section or with any requirement of this code, and for which corrected plans are not resubmitted within sixty (60) days from notification of such noncompliance shall be void.

(d)

All plots shall be maintained in accordance with the approved site plan unless subsequent changes are approved by the appropriate governing agencies.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 8, 11-28-95; Ord. No. 2000-36, § 5, 8-22-00; Ord. No. 2020-34, §§ 1, 3, 9-22-20)

The Broward County Administrative Code shall set forth the authority of the various county departments and divisions for the administration of this code.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 10, 11-28-95)

(a)

Except for farms and farm buildings or structures, or parts thereof, no commercially or industrially zoned building or structure, or premises zoned or established as a legal nonconforming use to permit any commercial or industrial use, that undergoes a change of occupancy or upon which a new or different use is established, shall be occupied or used unless a certificate of use shall have been issued therefor. The original of the certificate shall be posted at the business location at all times.

(b)

Temporary Certificates of Use. A temporary certificate of use may be issued for a maximum six (6) month period to a tenant in a shopping center or other multiple tenant nonresidential building in cases where the portion of the building and property occupied by such tenant complies with this code and all other applicable codes, but the remainder of the property is not in compliance with Section 39-112, "Outdoor lighting," Section 39-65, "Nonconforming signs," and the dumpster enclosure requirements of this code, or where violations of this code exist that are the responsibility of other unrelated tenants. Such temporary certificates of use may only be issued if:

(1)

The notice of violation issued to the property owner advising of noncompliance with the aforementioned code sections has not been pending for a period of time exceeding three (3) months prior to the issuance of any temporary certificate permitted by this subsection; and

(2)

There are no pending liens on the property relating to noncompliance with any provisions of this code.

The temporary certificate shall not be renewed or reissued.

(c)

The zoning official shall notify the holder of any certificate of use and the real property owner, if different from the certificate holder, in writing, of the zoning official's intent to revoke a certificate of use for any of the following reasons:

(1)

The zoning official has reasonable grounds to believe that the premises is being used in a manner that is inconsistent with, or contrary to, the provisions of the zoning code or any other applicable code or statute;

(2)

Conviction of any owner, operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the owner, operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation;

(3)

It has been ascertained that the holder of the certificate of use falsified any information on the application for the certificate of use; or

(4)

The holder of the certificate of use, or the holder's designated manager, operator, or supervisor refuses to permit an authorized law enforcement officer or code enforcement officer, who has obtained an inspection warrant, when required, in accordance with the provisions of Chapter 933, Florida Statutes, to inspect the premises during normal business hours for the purpose of investigating a complaint which has been filed against the business operation.

(d)

All written notifications from the zoning official of the intent to revoke a certificate of use shall be in accordance with notice provisions in Section 162.12, Florida Statutes. The notice shall state the following:

THE HOLDER OF THIS CERTIFICATE OF USE SHALL HAVE TEN (10) DAYS FROM THE DATE OF THIS NOTIFICATION TO EITHER CEASE USE OF THE PREMISES OR TO REQUEST A HEARING, IN WRITING, BEFORE THE BROWARD COUNTY HEARING OFFICER.

IF NO WRITTEN REQUEST FOR A HEARING IS RECEIVED BY THE ZONING OFFICIAL WITHIN TEN (10) DAYS OF THE DATE OF THIS NOTIFICATION, THE CERTIFICATE OF USE SHALL BE CONSIDERED REVOKED.

(e)

Absent an immediate threat to life safety, if the holder of the certificate of use requests a hearing before the hearing officer, the certificate of use shall remain in effect during the pendency of the action before the hearing officer.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 93-44, § 2, 11-23-93; Ord. No. 95-50, § 10, 11-28-95; Ord. No. 2000-36, § 6, 8-22-00; Ord. No. 2001-18, § 2, 5-22-01; Ord. No. 2005-17, § 2, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 4, 9-22-20)

For the purpose of enforcing the provisions of this code, code enforcement officers shall have a right of entry as provided by law whenever said code enforcement officers find such entry necessary for the proper discharge of their duties under this code. The Office of the County Attorney is hereby authorized to seek inspection warrants as necessary.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 10, 11-28-95; Ord. No. 2013-04, § 2, 2-12-13)

Should any article, section, paragraph, sentence, clause, phrase, or other part of this code be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the code as a whole, or any part thereof, other than the part so declared to be invalid.

(Ord. No. 90-12, § 2, 6-26-90; Ord. No. 95-50, § 10, 11-28-95)

The zoning official shall have the authority to determine the most applicable residential or mixed-use zoning district for any affordable rental housing developed pursuant to Section 125.01055(7), Florida Statutes, as may be amended.

(Ord. No. 2023-26, § 2, 9-7-23, eff. 9-13-23)