Whenever the public necessity, convenience, general welfare, or good planning and zoning practice requires, the Board of County Commissioners may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this Code or amendments thereto.

(Ord. No. 1998-08, § 1, 4-28-98)

Editor's note— Ord. No. 2005-17, § 4, adopted June 28, 2005, repealed former section 39-25 in its entirety which pertained to the establishment and duties of the zoning board and derived from Ord. No. 1998-08, § 2, 4-28-98; Ord. No. 2000-36, § 7, 8-22-00; Ord. No. 2001-13, § 1, 5-8-01.

(a)

A request for rezoning or an amendment to the zoning code may be initiated by the Board of County Commissioners, by the Department, or by a petition of the owner of property requested for rezoning. In addition, any owner of property within the unincorporated area may address the need for an amendment to the zoning code by appearing as a delegation request before the Board of County Commissioners, as described in Section 18.5 of the Broward County Administrative Code.

(b)

All applicants for rezonings or amendments to developments of regional impact shall complete a petition on forms prepared by the Division. A fee, as approved by the Board of County Commissioners, shall be charged for all petitions, other than those initiated by the Board of County Commissioners or the Division. A Local Planning Agency (LPA) public hearing shall be held no later than one hundred twenty (120) days, or as soon thereafter as practicable, after acceptance of a complete petition for rezoning or amendment to an existing development of regional impact. The LPA shall make a recommendation to the Board of County Commissioners on the petition. After the LPA public hearing, the statutorily-required public hearing(s) will be held before the Board of County Commissioners. For petitions for rezoning and amendments to developments of regional impact not initiated by the County, unless an extension is requested by the Petitioner, the public hearing(s) will be held before the Board of County Commissioners no later than one hundred eighty (180) days after acceptance of a complete petition by the Division.

(Ord. No. 1998-08, § 3, 4-28-98; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 4, 6-27-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 5, 9-22-20)

(a)

All notices of public hearing for rezonings, amendments to the zoning code, and amendments to development orders for developments of regional impact shall be in accordance with Chapter 125, Florida Statutes.

(b)

In addition to the requirements of State law, written notice of a public hearing for any rezoning request shall be provided by the County at least twenty (20) days prior to the public hearing in accordance with the following:

(1)

For all County-initiated petitions for rezoning, notice shall be mailed via regular first class mail to all property owners within the petitioned area and within a radius of three hundred (300) feet of the perimeter of the petitioned area, and to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of three hundred (300) feet of the perimeter of the petitioned area;

(2)

For all owner-initiated petitions for rezoning, notice shall be mailed via regular first class mail to all property owners within a radius of three hundred (300) feet of the perimeter of the petitioned area, and to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of five hundred (500) feet of the perimeter of the petitioned area, except that such radius shall be extended to one thousand (1,000) feet when any such request is in or contiguous to any Rural, Estate, or Agricultural district, or any Wellfield Zone of Influence, as depicted in the adopted Wellfield Protection Zones of Influence maps; or

(3)

For all County-initiated or owner-initiated petitions for rezoning of property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility:

a.

Notice shall be mailed via regular first class mail to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area;

b.

Email notification shall be provided to the County Commissioners of districts for which any portion of the district is within a radius of four (4) miles of the perimeter of the petitioned area;

c.

Email notification shall be provided to the board members of condominium and homeowners' associations within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area who sign up with Broward County to receive email notifications, and to any other person who lives within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area and who signs up with Broward County to receive email notifications. The notifications provided under this Section c. are courtesy notifications and shall not affect the validity of any action taken relative to an application under this part, and failure to receive such notification shall not give rise to a cause of action challenging such application; and

(4)

All notices provided by regular first class mail or e-mail shall include the rezoning petition number; location and description of the subject property; current zoning; proposed zoning; the date, time, and place of the hearing; a phone number for the Urban Planning Division, or successor agency; and an explanation of the request; and

(5)

Property owners and addresses for notice shall be determined in accordance with the current tax roll of Broward County, Florida, unless there is actual knowledge of a subsequent property owner; and

(6)

In the event the notification area for a petition for rezoning of property that is not used, or not to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility includes land declared to be a condominium or homeowners' association under Chapter 718 or 720, Florida Statutes, then notice to the condominium or homeowners' association shall constitute notice.

(c)

At least twenty (20) days prior to any public hearing, the Petitioner shall post a sign on the property so as to face, and be visible from, the street upon which the property is located. The sign shall be a minimum of two (2) feet by three (3) feet in size and shall be titled as follows:

NOTICE OF PUBLIC HEARING
REZONING

The sign shall include the petition number; the date, time, and location of the public hearing; and the telephone number of the Urban Planning Division, or successor agency. The Petitioner shall provide a notarized affidavit to the Division, including a photograph of the posted sign, stating that the sign was posted on the appropriate date. A permit is not required for such sign.

The sign shall remain posted on the property until a decision on the petition has been made by the Board of County Commissioners.

(d)

No petition for rezoning or amendment to a development of regional impact shall be recommended for approval by the Division unless the Petitioner provides an affidavit of proof of required posting to the Division. No public hearing shall be commenced by the Board of County Commissioners unless the Petitioner's affidavit of proof of required posting and the Division's affidavit of proof of required notice publications and mailings (including e-mailings) are presented to the Board of County Commissioners for review and submitted to the County Administrator, or designee, for filing with the minutes of the meeting.

(Ord. No. 1998-08, § 4, 4-28-98; Ord. No. 2000-36, § 8, 8-22-00; Ord. No. 2001-14, § 1, 5-8-01; Ord. No. 2002-12, § 1, 4-9-02; Ord. No. 2005-17, § 4, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, § 1, 4-10-18; Ord. No. 2018-41, § 1, 9-25-18; Ord. No. 2020-34, § 6, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22)

Editor's note— Ord. No. 2005-17, § 4, adopted June 28, 2005, repealed former sections 39-28, 39-29 in their entirety. Repealed sections 39-28 and 39-29 pertained to the functions of the zoning board. Former section 39-28 derived from Ord. No. 1998-08, § 5, 4-28-98. Former section 29-29 derived from Ord. No. 1998-08, § 6, 4-28-98; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05.

(a)

Rezoning requests and development of regional impact. The Board of County Commissioners shall hold a quasi-judicial public hearing (or, if required by State law, two public hearings) on any rezoning or development of regional impact. Such hearings shall conform to procedures in Chapter 1, Article XVII, Quasi-Judicial Proceedings, of the Broward County Code of Ordinances.

(1)

Basis for consideration of request for rezoning. The Board of County Commissioners shall consider the following:

a.

Whether there exists an error or ambiguity which must be corrected;

b.

Whether there exists changed or changing conditions which make approval of the request appropriate;

c.

The testimony of any applicants, their agents or representatives;

d.

The recommendation of staff;

e.

The sworn and unsworn testimony of the public;

f.

Whether the request is consistent with the goals, objectives, policies, and intent of the Broward County Comprehensive Plan;

g.

Whether the request is consistent with the densities, intensities, and general uses set forth in the Broward County Comprehensive Plan and the Land Use Element Map;

h.

Whether the request will protect, conserve, or preserve environmentally critical areas and natural resources;

i.

Whether the request will place an undue burden on existing infrastructure and whether capacity exists for any projected increase that may be generated;

j.

Whether the permitted uses in a requested rezoning are compatible with existing and proposed uses in the general vicinity; except, however, nonconforming uses of neighboring lands, structures, or buildings shall not be considered as support for approval of any request; and

k.

Whether, for oceanfront properties, the following goals would be supported:

1.

The need to protect and restore beaches, particularly dunes and vegetation, through techniques such as conservation, easements, re-vegetation, elevated walkways, and clustering of development;

2.

The need to ensure the protection and enhancement of sea turtle nesting;

3.

The extent to which the regulations regarding construction seaward of the coastal construction line would affect a property owner's ability to develop the uses in a requested zoning district; and

4.

The location of marinas, boat ramps, and other water-dependent uses in a manner which protects manatees in those areas which they frequent.

(2)

Denials and resubmission. A denial by the Board of County Commissioners of a requested rezoning is a denial with prejudice. If an application is denied:

a.

No application for the same district classification on any part of the same property shall be heard by the Board of County Commissioners for a period of twelve (12) months from the date of denial by the Board of County Commissioners. This time limit may be waived by the Board of County Commissioners by an affirmative vote of four (4) Commissioners, when the Board deems such action necessary due to changed circumstances or to prevent an injustice.

b.

No application for any kind of rezoning on any part of the same property shall be heard by the Board of County Commissioners for a period of six (6) months from the date of denial by the Board of County Commissioners.

(3)

Any proposed rezoning or development of regional impact shall be in the form of an ordinance.

(b)

Zoning code amendments. The Board of County Commissioners shall hold a public hearing(s) as provided by Chapter 125, Florida Statutes, on any proposed amendment to the zoning code.

(1)

Any proposed amendment to the Zoning Code shall be in the form of an ordinance.

(2)

The Board of County Commissioners shall consider public input and the recommendations of staff in considering any ordinance amending the Zoning Code.

(3)

At the conclusion of the public hearing, the Board of County Commissioners shall:

a.

Adopt the ordinance as proposed;

b.

Adopt the ordinance in part or with amendments consistent with the advertised notice of public hearing;

c.

Defer the proposed ordinance to a future date; or

d.

Reject the proposed ordinance.

e.

Any amendments proffered which are not consistent with the advertised notice of public hearing shall be considered as a recommendation for initiation of a new amendment, requiring compliance with all provisions of this article.

(c)

Medical Marijuana Treatment Centers. The Board of County Commissioners shall hold a quasi-judicial public hearing on any application that proposes to locate a Medical Marijuana Treatment Center-Dispensing Facility within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. Such hearing shall conform to the procedures in Chapter 1, Article XVII, Quasi-Judicial Proceedings, of the Broward County Code of Ordinances.

(1)

Orders of the Board of County Commissioners. At the conclusion of the public hearing, the Board of County Commissioners shall render an order making a determination as to whether the proposed location of the Medical Marijuana Treatment Center-Dispensing Facility promotes the public health, safety, and general welfare of the community.

(2)

Denials and resubmission. A determination by the Board of County Commissioners that the location of a Medical Marijuana Treatment Center-Dispensing Facility within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school does not promote the public health, safety, and general welfare of the community is a denial of the application with prejudice. If the application is denied, no application for the location of a Medical Marijuana Treatment Center-Dispensing Facility shall be heard by the Board of County Commissioners for a period of twelve (12) months from the date of rendition of the order by the Board of County Commissioners. This time limit may be waived by the Board of County Commissioners by an affirmative vote of four (4) Commissioners, when the Board deems such action necessary due to changed circumstances or to prevent an injustice.

(d)

In the event an applicant requests to defer any matter stated hereinabove, to a subsequent public hearing date on a date uncertain, the applicant must pay all related costs associated with the deferral.

(e)

Notices. All notices of public hearings by the Board of County Commissioners shall be in accordance with State law and with Section 39-27 of this article.

(Ord. No. 1998-08, § 7, 4-28-98; Ord. No. 2002-43, § 1, 10-8-02; Ord. No. 2005-17, § 4, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06, § 3, 1-23-18)

When a change of text of the Zoning Code relating specifically to residential densities and permitted land uses or a change of zoning district classification is being considered by the Board of County Commissioners, no permit or development order shall be issued by the County for a period of time not to exceed six (6) months after notice of public hearing before the Board of County Commissioners where the issuance of such permit or development order would result in the nonconforming or unlawful use of property should such proposed change be adopted. If final action by the Board of County Commissioners is not taken on the proposed change within six (6) months from the date of such publication, the permit or development order shall be issued if it is consistent with existing permitted land uses or zoning district requirements.

(Ord. No. 1998-08, § 8, 4-28-98; Ord. No. 2005-17, § 4, 6-28-05)

Appeal of a decision of the Board of County Commissioners concerning any rezoning, development of regional impact, or application for location of a Medical Marijuana Treatment Center-Dispensing Facility subject to this article shall be by petition for writ of certiorari to the circuit court pursuant to the Florida Rules of Civil Procedure, within thirty (30) days after rendition of any ordinance or order regarding the rezoning, development of regional impact, or application for location of a Medical Marijuana Treatment Center-Dispensing Facility.

(Ord. No. 1998-08, § 9, 4-28-98; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-06, § 4, 1-23-18)