(a)

The purpose of this chapter is to unify and consolidate the applicable land development ordinances, controls and regulations of the city pertaining to the subdivision of land, zoning, and planned unit development, and to facilitate the administration of applicable regulations. Consolidated regulations are intended to establish minimum requirements to protect, promote and improve public health, safety, comfort, order, appearance, convenience, morals, and the general welfare of city residents. This chapter shall regulate the orderly transition from unimproved land to a balanced urban structure. This chapter provides facilities for recreation and open space, schools, shopping and a system of public services including roads, water, sewers, and drainage. If any section, paragraph, sentence, clause, phrase or word of this chapter is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this chapter.

(b)

The described purpose of this chapter shall be to:

(1)

Regulate the subdivision of land;

(2)

Regulate the use of land and water for land use categories included in the land use element of the comprehensive plan, ensure the compatibility of adjacent uses and provide for open space;

(3)

Provide for protection of potable water well fields;

(4)

Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management;

(5)

Ensure the protection of environmentally sensitive lands designated in the comprehensive plan;

(6)

Regulate signage;

(7)

Provide that public facilities and services meet or exceed the standards established in the capital improvements element of the comprehensive plan so that they are available when needed for development;

(8)

Ensure safe and convenient on-site traffic flow, considering needed vehicle parking.

(Ord. No. 115-86, §§ 102, 102.01, 7-10-86; Ord. No. 159-87, §§ 102, 102.01, 6-11-87)

The land development code shall include the following chapters, ordinances and regulations:

(1)

Administration, Regulations and Procedures, Article I;

(2)

Subdivision Regulations, Article II;

(3)

Zoning Regulations, Article III;

(4)

The Florida Building Code, as may be amended, incorporated by reference.

(5)

All references to the South Florida Building Code, in any way as contained in Chapters 4, 6, 7, 10, and 18 of the Code of Ordinances, are hereby amended by reference to the Florida Building Code or prevailing applicable code.

(Ord. No. 115-86, § 103, 7-10-86; Ord. No. 159-87, § 103, 6-11-87; Ord. No. 2001-042, § 1, 2-28-02)

(a)

Administration of the land development code shall follow procedures, rules and regulations set forth in appropriate sections of this chapter, the Code of the city and all other applicable ordinances.

(b)

For the purposes of this chapter, definitions contained in Articles II and III shall govern the interpretation and meaning of the regulations and procedures of this chapter.

(Ord. No. 115-86, § 105, 7-10-86; Ord. No. 159-87, § 105, 6-11-87)

(a)

Elements adopted. The city commission hereby adopts the ten (10) elements cited below, which includes the previously adopted future land use plan element, all of which comprise the comprehensive plan of the city. The comprehensive plan includes both the reports and associated exhibits which are incorporated in this section by reference and made a part of this section.

I.

Future land use element

II.

Transportation element

III.

Housing element

IV.

Infrastructure element

V.

Conservation element

VI.

Recreation and open space element

VII.

Intergovernmental coordination element

VIII.

Capital improvements element

IX.

Public school facilities element

X.

Property rights element

(b)

Declarations. The comprehensive plan, which contains expressions of public policy in the form of generalized maps, standards, guidelines, and policy statements, is hereby declared to be the official long-range and comprehensive guide for the orderly growth and development of the city.

(c)

Relationship to city agencies, boards and departments. All city agencies, boards and departments shall take into consideration and be guided by the policies, objectives, guidelines and standards expressed in the comprehensive plan when considering and taking action affecting development of the city.

(d)

Amendment. As often as it is desirable, and in accordance with any review schedules established by state law, the city's local planning agency shall prepare and submit to the city manager a status report on the comprehensive plan elements. This statement shall identify whether changes, amendments, additions or other modifications to the comprehensive plan are needed.

(Code 1980, § 12.5-16; Ord. No. 108-81, §§ 2—5, 7-23-81; Ord. No. 2024-012, § 2, 4-11-24)

(a)

Generally. If any article, division, part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of chapter 13, "Land Development Code," as amended from time to time, of the Coconut Creek Code of Ordinances is declared unconstitutional or invalid by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other article, division, part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word contained within chapter 13, "Land Development Code."

(Ord. No. 2018-034, § 2, 11-8-18)

The city commission is composed of five (5) elected members. The city commission serves as the legislative body for the city. It enacts land use plan and zoning changes, subdivision plats, revisions to the comprehensive plan and all other local ordinances. Pursuant to F.S. § 163.3174, the city commission has designated the planning and zoning board as the local planning agency.

(Ord. No. 115-86, § 104.01, 7-10-86; Ord. No. 159-87, § 104.01, 6-11-87)

(a)

Responsibilities. The planning and zoning board shall be responsible for the city's comprehensive planning program, and as required by F.S. § 163.3174, shall be designated as the city's local planning agency. The planning and zoning board shall advise on all matters pertaining to land planning and plan implementation. The board shall have the power to conduct investigations, hold public hearings, take testimony, review documentary evidence, issue orders, and make recommendations to the city commission on all activities relating to land planning and plan implementation. Specifically the board shall:

(1)

Prepare the comprehensive plan or plan amendment and shall make recommendations to the city commission regarding the adoption or amendment of such plan;

(2)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city commission such changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan required by F.S. § 163.3191.

(3)

Review and evaluate proposed land development regulations, the land development code, or amendments thereto, and make recommendations to the city commission as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof;

(4)

Review and provide recommendations related to zoning ordinances;

(5)

Evaluate rezoning requests and proposed zoning map changes and make recommendations to the city commission;

(6)

Review proposed subdivision plats and make recommendations to the city commission;

(7)

Review and provide recommendations related to all proposed site plans;

(8)

Review applications for such variances from the land development code as are authorized under the land development code and make recommendations to the city commission;

(9)

Perform any other functions, duties or responsibilities as assigned by the city commission.

(b)

Composition. The planning and zoning board shall consist of five (5) members and one (1) alternate. Members shall, to the extent practicable, represent interests, specialties and qualifications in any of the following fields:

(1)

Architecture, construction, economic development, engineering, environmental science, land use, land development, landscape architecture, law, real estate, sustainability, or urban planning; or

(2)

Alternatively, demonstrate strong and sincere commitment to the intent set forth in this section or possession of an outstanding reputation for civic activity and interest, integrity, and responsibility, with preference to applicants who have completed Coconut Creek Citizen's Academy.

(c)

Appointment and organization. Each member of the city commission shall nominate one (1) person to fill each position on the planning and zoning board. A majority of the city commission shall approve the nominations. One (1) alternate member of the board shall be selected by the mayor and approved by a majority of the city commission. The term of office of the members and alternate member shall be as fixed by ordinance of the city.

(d)

Board officers. The chairperson and vice-chairperson shall be elected from the board membership. The chairperson and vice-chairperson shall serve one-year terms.

(e)

Rules of procedure. The planning and zoning board shall utilize Robert's Rules of Order to govern conduct of meetings. Attendance of three (3) members of the board at any duly authorized meeting shall constitute a quorum. An affirmative vote of three (3) members shall be necessary to adopt any motion considered by the board.

(f)

Meetings. The planning and zoning board shall hold one (1) regular meeting per month but may cancel any regular meetings or hold additional special meetings as necessary. Public notice of each regular meeting shall be displayed at city hall or advertised as prescribed by law.

(Ord. No. 115-86, § 104.02, 7-10-86; Ord. No. 159-87, § 104.02, 6-11-87; Ord. No. 123-96, § 1, 5-9-96; Ord. No. 2001-034, § 1, 10-11-01; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2019-033, § 3, 1-23-20; Ord. No. 2024-012, § 2, 4-11-24; Ord. No. 2025-023, § 2, 8-7-25)

Charter reference— Mandate to create a planning and zoning board, § 501.

Cross reference— Boards, commissions and committees generally § 2-191 et seq.

Editor's note— Former § 13-17, which pertained to the board of adjustment, has been deleted at the request of the city pursuant to a referendum of Nov. 11, 1990, at which the electorate voted to repeal former § 502 of the Charter which section provided that a board of adjustment be created by ordinance. Former § 13-17 derived from Ord. No. 115-86, § 104.03, as amended by Ord. No. 159-87, § 104.03.

(a)

Responsibilities. The department of sustainable development is directly responsible to the city manager. The department shall direct all matters pertaining to planning, building, and code compliance. The department conducts and administers research, advanced planning, current planning, land use controls, and administrative services related to development permits.

(b)

Specific duties. Duties of the department of sustainable development include preparation and recommendation related to the following items:

(1)

Comprehensive plan;

(2)

Land development regulations and codes;

(3)

The zoning regulations;

(4)

Zoning map changes;

(5)

Subdivision plats;

(6)

Site plans;

(7)

Special land use requests;

(8)

Variance requests;

(9)

Capital improvements plan;

(10)

Special exception requests;

(11)

Building inspections;

(12)

Code compliance inspections;

(13)

Occupational use inspections;

(14)

Issuance of development permits;

(15)

Issuance of building permits;

(16)

Issuance of certificates of occupancy;

(17)

Business tax receipts;

(18)

Administration of development fees and violation fines;

(19)

Community residence applications and reasonable accommodation requests to the city's zoning code;

(20)

Coordination of development activities with other agencies; and

(21)

Other projects as assigned by the city manager.

(c)

Enforcement of building and zoning regulations:

(1)

The Florida Building Code, is hereby adopted and shall be applicable to and regulate all building in the city.

(2)

The director of sustainable development shall be appointed by the city manager and he or she shall be responsible for:

a.

Enforcement and administration of the regulations of the Florida Building Code and shall be the principal enforcing officer of such code and it shall be his/her duty and responsibility to coordinate the work of all subordinate inspectors; and

b.

Enforcement and compliance of all development with the contents of this chapter, in addition to such other responsibilities and portions of the city code assigned by the city manager.

(d)

Enforcement of neighborhood preservation and enhancement program. Pursuant to the provisions of F.S. §§ 163.524—163.526, the city is hereby authorized to participate in the neighborhood preservation and enhancement program. The city commission hereby designates the department of sustainable development as the agency to enforce the program.

(Ord. No. 115-86, § 104.05, 7-10-86; Ord. No. 159-87, § 104.05, 6-11-87; Ord. No. 2001-042, § 2, 2-28-02; 2002-013, §§ 1, 2, 8-22-02; Ord. No. 2024-012, § 2, 4-11-24)

Cross reference— Departments generally, § 2-41 et seq.

(a)

The development review committee (DRC) is established for the purpose of providing initial review of development plans and specifications to ensure technical code compliance on an administrative level.

(b)

The DRC shall be composed of a representative from the department of sustainable development, who shall prepare the agenda, police, fire, public works, utilities and engineering, building, transportation, and other departments as determined necessary by the director of sustainable development.

(c)

The DRC shall be responsible for the following with respect to ensuring technical code compliance and, to the extent feasible, optimization of design to address Crime Prevention Through Environmental Design (CPTED) principles. The DRC shall review all development permit applications including but not limited to:

(1)

Comprehensive plan;

(2)

Land use change petitions;

(3)

Subdivisions and plats;

(4)

Site plans;

(5)

Rezoning;

(6)

Utility plans;

(7)

Variances;

(8)

Vacation and abandonment of streets and easements;

(9)

Outdoor dining and outdoor cafes; and

(10)

Special land uses.

(d)

Compliance with code. No application for a development permit issued by the city for the development of land within the city shall be reviewed or development permit issued, except in compliance with the requirements and procedures set forth in this section and this land development code.

(e)

Compliance with CPTED principles. Applications shall undergo Crime Prevention Through Environmental Design (CPTED) review.

(1)

The CPTED review performed during design review shall encompass the following CPTED principles:

a.

Provisions of natural surveillance.

1.

The placement and design of physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, guard gates, landscape trees and shrubs, fences or walls signage and other physical obstructions.

2.

The placement of persons and/or activities to maximize surveillance possibilities.

b.

Provision for natural access control.

1.

The use of sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits.

2.

The use of fences, walls or landscaping to prevent and or discourage public access to or from dark and/or unmonitored acres.

c.

Provision of territorial reinforcement.

1.

The use of pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership of property.

d.

Maintenance.

1.

The use of low maintenance landscaping and lighting treatment to facilitate the CPTED principles of natural surveillance, natural access control and territorial reinforcement.

(f)

Review by the development review committee.

(1)

DRC review.

a.

The department of sustainable development will forward applications and applicable documents and reports to the members of the DRC for review and comment.

b.

Committee members and departments responsible for development application review shall submit written comments to the sustainable development department according to a review schedule established by the city manager and amended from time to time.

(2)

Notice of written comments. The applicant will be notified in writing of comments concerning the application submission.

(3)

Committee meeting. The applicant shall meet with the DRC to review the written comments and any required revisions, additions or corrections prior to updating the application and plans.

(4)

Application update. Required revisions, additions or corrections and any other information required by the director of sustainable development and the DRC shall be resubmitted by the applicant within thirty (30) days of the DRC meeting.

(5)

Additional DRC review. Revisions, additions or corrections will be reviewed by the director of sustainable development and the members of the DRC and the applicant.

(6)

Failure to submit updated documents. Failure of any applicant to submit information or revised plans as required above shall result in cancellation of the application unless a waiver of timeframes form, available from the department of sustainable development, has been filed with the department. The applicant will be required to resubmit an application, including review fees according to division 4, "Fee Schedules," of article I of this chapter.

(7)

Applicants may at any time withdraw an application by written request to the director of sustainable development.

(8)

Any fees collected in conjunction with development review are nonrefundable.

(9)

Waiver of review. The director of sustainable development may waive the meeting of the DRC under this section upon a determination that such a meeting is not necessary or a similar application review has already been made regarding the same land and no change in circumstances has occurred which necessitates further review.

(Ord. No. 115-86, § 104.06, 7-10-86; Ord. No. 159-87, § 104.06, 6-11-87; Ord. No. 101-96, § 1, 1-25-96; Ord. No. 157-96, § 1, 9-26-96; Ord. No. 2015-053, § 2, 10-8-15; Ord. No. 2024-012, § 2, 4-11-24)

Cross reference— Boards, commissions and committees generally, § 2-191 et seq.

Editor's note— Ord. No. 119-96, § 1, adopted April 25, 1996, repealed former § 13-20, relative to the economic development board, which derived from Ord. No. 106-91, § 1, adopted Feb. 28, 1991 and Ord. No. 155-91, § 1, adopted Jan. 9, 1992.

(a)

Development order required. Any application for a development permit required or authorized under the City Code of Ordinances shall require an effective development order to be granted by the director of sustainable development or the city commission prior to issuance of a development permit. The department of sustainable development shall be the central intake point for the filing of all applications and supporting documents for development permits.

(b)

Requirements. An application for a development permit shall comply with the following:

(1)

The applicable provisions of the city's land development code, as amended from time to time.

(2)

The applicable provisions of the city's code of ordinances, as amended from time to time.

(3)

The applicable provisions of the city's adopted comprehensive plan, as amended from time to time.

(4)

The provisions of any plan specifically applicable to the subject property, including a planned commerce district (PCD) plan, planned unit development (PUD) plan, planned mainstreet development district (PMDD) plan, or overlay zoning district.

(c)

Applicant burden. The applicant shall have the burden of showing that all standards, requirements, and criteria of the land development code, the city code, the comprehensive plan, and any applicable area specific plan have been met.

(d)

Timeframes. The timeframes in this chapter may be waived or extended as provided herein, or upon written agreement of the applicant.

(e)

Concurrent applications.

(1)

An application requiring multiple development approvals must submit individual applications and all applicable fees for each individual application.

(2)

At the discretion of the director of sustainable development, applications for various development approvals may be processed concurrently to the extent feasible.

(f)

Applicable procedures. All applications shall be processed pursuant to these development review procedures and the land development code requirements specific to the applications submitted.

(g)

Pre-application meeting.

(1)

A pre-application meeting with the department of sustainable development staff is required prior to submitting an application for development approval, unless waived by the director of sustainable development.

(2)

Applicants proposing PCD, PUD, or PMDD zoning shall provide a preliminary development plan, which shall include the following prior to scheduling a pre-application meeting:

a.

A boundary map of the proposed PCD, PUD, or PMDD.

b.

The proposed pattern of land use.

c.

The proposed square footage.

d.

Type of land use module(s) (PUD only).

e.

If applicable (PUD or PMDD rezonings only), the proposed number and type of dwelling units and densities. The proposed development type module shall be specific to include high rise, low rise, townhouse, garden apartment, standard single-family zero lot line, single-family cluster including density ranges and minimum lot sizes.

f.

Proposed streets and circulation and, if applicable, whether public or private maintained and/or proposed as a secure gated project.

g.

Proposed open spaces.

h.

An outline of the petition for rezoning.

i.

Other plans, maps and documents deemed necessary for pre-application conferences.

(3)

At the pre-application meeting, the applicant will describe and present their project and department of sustainable development staff shall provide information to assist the applicant in interpreting the applicable requirements.

(h)

Application review—Generally. Applications shall be processed according to the development review chart, table 13-26-1 below, and the procedures of this chapter. In the event of conflict, the provisions of the text prevail over the chart.

(i)

Application.

(1)

A development approval application shall be commenced by the filing of a complete digital application in the form approved by the city, together with payment of all application fees established by the city, to the department of sustainable development.

(2)

The application shall be accompanied by an applicant authorization:

a.

The applicant must be the property owner or an authorized agent of the property owner.

b.

If the applicant is other than the owner of record, a power of attorney from the owner of record to the applicant shall accompany the application affirming that the owner has granted full authority to the applicant to apply for the approval requested in the application.

c.

If the applicant is an attorney who is a member of the Florida Bar who is acting on behalf of the owner of record, no power of attorney shall be required, but the application shall be signed by the attorney who shall indicate his or her representative capacity.

d.

In the case of a request for vacation of a right-of-way, all owners of property abutting or adjacent to the area to be vacated must join in the application.

(3)

The application shall include the following information:

a.

A legal description of the property with a signed and sealed land survey prepared by a registered land surveyor dated no more than twelve (12) months prior to the date of application submission.

b.

A detailed description and justification of the proposed request stating how the applicable land development code criteria for the request have been met.

c.

A copy of any existing approvals applicable to the property (existing PUD/PCD/PMDD, site plan, etc.)

d.

For site plans, a site plan complying with the requirements of section 13-548, "Required form and information on site plan."

e.

Any other application specific information as required by this chapter.

(4)

The applicant shall also, after development review and at least two (2) weeks prior to the planning and zoning board hearing, submit thirteen (13) identical copies of all applicable plans and backup for the application.

(j)

Completeness review.

(1)

The department of sustainable development, or in the case of an application to dedicate or vacate an easement or buffer, the department of utilities and engineering or sustainable development, as determined by the nature of the application, must review the application for completeness.

(2)

If the application is deemed incomplete by the reviewing department, the reviewing department will forward a notice of incompleteness to the applicant specifying the deficiencies or data missing from the application and the application will not be reviewed in whole or in part, until deemed complete except as provided herein.

(3)

The applicant will thereafter have a period of thirty (30) days from the date of the notice of incompleteness within which to submit the required information to the reviewing department, which will then review the amended application for completeness.

(4)

If the amended application is not received within thirty (30) days or the additional information submitted does not complete the application, the reviewing department will forward a second notice of incompleteness to the applicant specifying the data missing from the application and the application will be deemed withdrawn; or city, at its option, may elect to retain the application fees and provide the applicant with an additional period of time within which to submit any required information, not to exceed thirty (30) days unless a waiver of timeframes form, available from the department of sustainable development, has been filed with the reviewing department.

(5)

If the request for additional information is unresponsive or generates need for more information, the reviewing department may ask for additional information not more than three (3) times total unless a waiver of timeframes form, available from the department of sustainable development, has been filed with the reviewing department.

(6)

Prior to a third request for additional information, the reviewing department shall offer the applicant an additional meeting with staff to attempt to resolve outstanding issues.

(7)

If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the reviewing department shall, at the applicant's request, process the application and evaluate based on the information submitted to that date.

(k)

Development review committee. Applications requiring review by the development review committee shall proceed as required by section 13-19, "Development review committee."

(l)

Application review.

(1)

Meeting notice. All meetings of the development review committee, planning and zoning board and city commission shall be noticed as required by state law and the provisions of section 13-26-3, "Notice of public hearings."

(2)

Planning and zoning board review and recommendation.

a.

Review by board. Applications requiring planning and zoning board review shall be scheduled for consideration by the planning and zoning board, which shall consider the application in light of the standards established in the land development code for the type of approval requested.

b.

Applicant presentation. The applicant shall present the application proposal at the public hearing before the planning and zoning board.

c.

Recommendation by board. If required to review an application, the planning and zoning board shall review the application in accordance with this chapter and make a recommendation for consideration by the city commission.

(3)

City commission review.

a.

City commission review. Following the review by the planning and zoning board, if applicable, the department of sustainable development shall schedule the development application on the next available city commission meeting agenda.

b.

City commission determination. The city commission shall review the application, conduct a public hearing and make a final determination pursuant to subsection (4), "Final determination," below.

(4)

Final determination.

a.

After consideration of the application and the recommendations of any reviewing agencies, staff and board, the city commission shall adopt a final development order that:

1.

Makes a final determination that the application, as presented, modified or conditioned complies with the applicable requirements; and

2.

Prescribes any appropriate modifications and/or conditions, to ensure compatibility or mitigate the impacts of the proposed application and to ensure safeguards in conformity with all applicable laws; or

3.

Makes a final determination that the application fails to comply with the applicable requirements and is therefore denied.

b.

The applicant shall be provided written notice of the final decision, including the basis for the decision and, in the case of a denial, a citation to the applicable portions of an ordinance, code section, rule, statute, or other legal authority for the denial.

c.

The decision of the city commission is final and may only be appealed to circuit court pursuant to the procedures set forth in section 13-34, "Appeals."

(5)

Final documentation. Final document revisions, including site plans, PCD, PUD, or PMDD development plans or any other drawings or exhibits, reflecting all development review committee comments and final city commission action shall be completed within ten (10) business days of city commission approval. Unless an extension is otherwise stipulated by the director of sustainable development, failure to complete the revisions within the established deadline will result in a delinquent fee, per week, per item of one hundred dollars ($100.00).

(m)

Approval time limitations. Unless additional time is granted at the time of approval, approvals authorized by the city commission shall expire as provided in table 13-26-2, "Development approval duration and extensions." The duration of the approval period shall begin running the day after the effective date of the approval and shall expire if no permit has been issued for a principal building or improvement for which the approval was requested, or if all conditions and limitations of the approval have not been satisfied before the approval expires. The duration of an approval shall be tolled during the pendency of any appeal to the city commission, circuit court, or upon the filing of a request for relief pursuant to the dispute resolution provisions of F.S ch. 70, as amended from time to time.

(n)

Approval extensions. An extension of an approval for a variance, site plan, or special land use may be granted by the director of sustainable development in accordance with table 13-26-2, "Development approval duration and extensions," when all applicable planning, zoning and building regulations in effect at the time of original approval remain unchanged. An extension shall only be granted when an applicant has applied for an extension during the original effective period of the approval, paid the fee established by this chapter, and the director of sustainable development has made a determination that the project is proceeding with due diligence. Only one (1) extension shall be permitted.

(o)

Effect of approval.

(1)

Generally. An approval issued pursuant to the requirements of this chapter, grants to the applicant, its successors and assigns, the right to develop and/or utilize the premises in accordance with the terms and conditions contained in the approval.

(2)

Special land use. A special land use is transferrable provided the use operates in the same location and manner as approved during the original application and all conditions of the approval are met and followed. Unless otherwise specifically authorized by the city commission- issued special land use approval, should a special land use cease operation for more than twelve (12) continuous months, any use of the same property or portion thereof shall only be one (1) that is permitted under this chapter and any reinstitution of the special land use shall require a new application pursuant to this section. There shall be a rebuttable presumption that the abandonment period commenced upon the termination of electrical or water service for the user, whichever occurs first.

(p)

Whenever the city has taken action to reject an application, no request for the same or substantially similar application on any part of the same property for a period of twelve (12) months from the date of such action shall be considered by the city.

(q)

Violation of conditions. Any failure to adhere to the terms and conditions of an approval shall be considered violations of this code and may result in the revocation of the approval.

(Ord. No. 2024-012, § 2, 4-11-24)

(a)

Generally. When an application for development approval is subject to a public hearing, the director of sustainable development shall ensure that the necessary public hearing is scheduled for the decision-making body reviewing the application and that proper notice of the public hearing is provided, as set forth herein.

(b)

Mailed notice.

(1)

Where mailed notice is required, pursuant to table 13-26-3, "Notice Requirements," it shall be provided to all property owners, including the subject property owner(s), within a five-hundred-foot radius of the subject property. When the property fronts a right-of-way greater than one hundred (100) feet, the distance calculation along that property line shall be extended to a seven-hundred-foot radius.

(2)

Distances for purposes of mailed notice requirements shall be measured from the perimeter of the property subject to development approval, except that where the owner of the subject property owns contiguous property, the distance shall be measured from the perimeter of the boundary of the contiguous property.

(3)

The applicant shall provide the city with a list of property owners, determined by the ad valorem tax records of Broward County. The list shall be certified by the county property appraiser, an abstract or title company, surveyor, or an attorney. The list shall be updated and recertified if more than one (1) year elapses from the time of certification to the date of the hearing for which the notices will be used. Printed labels shall be provided by the applicant at the request of the director of sustainable development.

(4)

The department of sustainable development shall prepare and mail the written notice.

(5)

Mailed notice shall be deemed given when a notice has been properly addressed, stamped and deposited in a U.S. Postal depository, or collected by an employee of the U.S. Postal Service.

(6)

Notice by mailing is a courtesy only and no action taken by the city shall be voided by the failure of any individual property owner to receive such notice.

(c)

Posted property notice. When the provisions of this chapter require that notice be posted on the property subject to the application, the applicant shall be responsible for posting the notice on the property, as set forth below:

(1)

Signs shall be placed on the property that is the subject of the application in accordance with timelines prescribed in table 13-26-3, "Notice Requirements," in this article prior to a required or requested hearing.

(2)

If the subject property fronts on more than one (1) right-of-way, then a sign shall be posted facing each right-of-way.

(3)

Signs shall be placed no more than five (5) feet from the street, or if there is a sidewalk, no more than two (2) feet beyond the property side edge of the sidewalk, so that the lettering is visible from the street. These measurements may be adjusted plus or minus up to two (2) feet for flexibility to address street conditions, including landscaping and topography, provided the sign as posted is clearly visible and legible from the street.

(4)

A dated photograph of all signs shall be submitted to the department of sustainable development by the applicant within twenty-four (24) hours of the sign being posted.

(5)

If the sign is destroyed or removed from the property, the applicant is responsible for obtaining and posting a new sign on the property and providing a new dated photograph.

(6)

The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeal, or requirement for review or hearing by another body. The sign information shall be updated to include any additional public hearings or public hearing deferrals consistent with table 13-26-3, "Notice Requirements."

(7)

If the applicant fails to submit the required photograph(s), the director of sustainable development may postpone the application until the next public hearing after the documentation has been supplied.

(8)

All posted notice signs shall be removed from the property within five (5) business days from the final city action approving or denying the application.

(d)

Tenant notice.

(1)

The applicant shall ensure commercial tenants occupying properties within the same commercial property or plaza as the parcel, unit, or property under consideration are provided notice on the same day the posted notice is placed pursuant to section 13-27(e), "Posted notice," below.

(2)

The applicant shall provide notice to commercial tenants by posting notice on the main public entrance to the tenancy.

(3)

A dated photograph of all tenant postings shall be submitted to the department of sustainable development by the applicant within twenty-four (24) hours of the sign being posted.

(4)

Tenant notice by posting is a courtesy only and no action taken by the city shall be voided by the failure of any individual tenant to receive such notice.

(5)

If the applicant fails to submit the required photograph(s) of the tenant notice, the director of sustainable development may postpone the application until the next public hearing after the notice has been provided and documentation supplied.

(e)

Published notice. When the provisions of this chapter or state law require published notice, the director of sustainable development, shall coordinate with the city clerk department to provide that the notice:

(1)

Is published in the local newspaper of general circulation that has been selected by the city and in accordance with applicable Florida Statutes; and

(2)

Follows the timelines and ad type established by state law.

(f)

City hall posting. Notice of all development applications shall be posted at city hall as part of the meeting agenda posting no later than seven (7) days prior to any public hearing related to the application. City hall posting is a courtesy only and no action taken by the city shall be voided by the failure of such notice to be posted.

(g)

Re-noticing. All costs of re-noticing the public hearing shall be borne by the party failing to comply with the applicable notice requirements, requesting the deferral or continuance, or whose actions are responsible for the deferral or continuance which may require re-noticing of the hearing. Continuances to a date certain, announced at the originally noticed meeting, shall not require re-notice of the new public hearing date. Continuances to unspecified dates, substantive changes to an application request during the period an application has been continued, or more than two (2) continuances on the application, shall require re-noticing for the new public hearing date.

(h)

Applicant bears burden of costs. When the provisions of this chapter require that notice be provided, the costs of the notice, including postage, service fees, and advertising fees shall be billed through cost recovery.

(i)

Provisions of Florida Statutes to prevail. Where provisions of the Florida Statutes conflict with provisions of this section, the Florida Statutes shall prevail except where this chapter contains supplementary requirements not in conflict with the Florida Statutes.

(Ord. No. 2024-012, § 2, 4-11-24)

Amendments to the comprehensive plan, or elements or portions thereof, shall conform to the requirements of F.S. Ch. 163.

(Ord. No. 115-86, § 108.01, 7-10-86; Ord. No. 159-87, § 108.01, 6-11-87)

Proposed amendments to the land use plan map shall conform to the requirements of F.S. Ch. 163, and be processed as provided in section 13-26, "Application review procedures," and section 13-27, "Application notices."

(Ord. No. 115-86, § 108.02, 7-10-86; Ord. No. 159-87, § 108.02, 6-11-87; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2019-001, § 2, 2-14-19; Ord. No. 2024-012, § 2, 4-11-24)

Amendments to land development regulations or elements or portions thereof shall conform to the requirements of F.S. Ch. 163. The planning and zoning board shall review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the city commission as to the consistency of the proposal with the adopted comprehensive plan.

(Ord. No. 115-86, § 108.03, 7-10-86; Ord. No. 159-87, § 108.03, 6-11-87)

(a)

Definition. A variance is a modification of requirements of this chapter to allow for unusual conditions relating to property or structures where special conditions exist or when literal enforcement of the provisions of this chapter will result in unnecessary or undue hardship. The conditions shall not be self-imposed or a financial hardship. Variance requests shall be considered by the planning and zoning board and all final decisions shall be made by the city commission as provided in this section. Variances to use are prohibited.

(b)

Hearing; review by development review committee; action by planning and zoning board and city commission.

(1)

Applications for a variance approval shall be reviewed by the development review committee and shall be processed as provided in section 13-26, "Application review procedures," and section 13-27, "Application notices."

(2)

Upon completion of development review committee review, applications shall be scheduled for consideration by the planning and zoning board.

(3)

Following the planning and zoning board recommendation on the application, the application shall be forwarded to the city commission for consideration by resolution. The city commission shall consider and approve, approve with conditions, or deny the application.

(c)

Standards for granting. To authorize any variance from the terms of this chapter, the planning and zoning board must formulate a recommendation and the city commission must make a determination based on the following considerations:

(1)

Special conditions and circumstances exist which are peculiar to land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(2)

The special conditions and circumstances do not result from actions of the applicant.

(3)

Granting a variance will not confer special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district.

(4)

Literal interpretation of the regulations of this chapter will deprive the applicant of rights shared by other property owners holding property in the same zoning district under the terms of this chapter and cause unnecessary and undue hardship on the applicant.

(5)

The variance granted is the minimum variance that will make possible the reasonable use of land, buildings or structures.

(6)

Approval of a variance will be harmonious with the general intent and purpose of this chapter and that such variance will not degrade the area involved or be detrimental to public welfare.

(Ord. No. 115-86, § 108.04, 7-10-86; Ord. No. 159-87, § 108.04, 6-11-87; Ord. No. 2001-034, § 2, 10-11-01; Ord. No. 2007-016, § 2, 9-17-07; Ord. No. 2015-053, § 3, 10-8-15; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2019-001, § 2, 2-14-19; Ord. No. 2024-012, § 2, 4-11-24)

An appeal is a process for review and modification of any action, which, if not appealed, would be final. An appeal shall be conducted as a new evidentiary hearing via de novo review in accordance with the city's quasi-judicial procedures and shall not be limited to the record below.

(1)

Rule. An appeal may be made of an administrative interpretation; or of any finding made by an approving body; or, of a decision made by an approving body. The appeal of an administrative official's interpretation, application of the land development code, or decision on a development application shall be made to the city commission. All such actions or decisions are appealable unless an appeal is expressly prohibited. An appeal may be made by an aggrieved party. For purposes of this section, an aggrieved party is defined as any owner or tenant of land situated within five hundred (500) feet of land subject to the proposed action under the city's land development code that has been or will be adversely affected by the decision under the city's land development code; or any person who can show that they have a substantial interest in property that has been or will be adversely affected by a decision on the proposed action.

(2)

Required information. An appeal by an aggrieved party must be made in writing, directed to the city clerk, and must provide the following information including the appropriate processing fee as specified in section 13-81:

a.

Identification of the action which is being appealed;

b.

Identification of who or what board took the action and the date it was made;

c.

The basis of the appeal;

d.

The relief being sought; and

e.

The name of the aggrieved party, the aggrieved party's substantial interest in the matter and how the decision has adversely affected the aggrieved party.

(3)

Procedure. The following procedures shall be adhered to in the processing of any appeal:

a.

The city clerk or designee must receive the letter of appeal with the required information set forth above from the aggrieved party within ten (10) working days of the date of the action being appealed.

b.

Upon receipt of a timely filed and sufficient letter of appeal, the city clerk or designee shall place the appeal on the agenda for consideration of the appeal at the next regular meeting of the city commission, provided that the appeal was received in time for proper placement on that agenda. In any event, a properly filed letter of appeal shall be scheduled for hearing no later than ninety (90) working days from the date it was received by the city clerk.

c.

The director of sustainable development shall ensure compliance with any necessary public notification procedures required under the original action or application. Costs for such public notification will be assessed to the aggrieved party in the same manner as the applicant under the original action or application.

d.

The aggrieved party shall present the appeal at the public hearing for which the appeal hearing is scheduled. The appellee may present reasons or documentation in support of the initial decision.

e.

The city commission must consider the appeal at which time the appeal may be granted, denied, or set for further consideration upon a majority vote.

(4)

Conditions:

a.

The granting of an appeal pertaining to an administrative official's interpretation or application of the city's land development code is not subject to conditions.

b.

The granting of an appeal pertaining to a decision on a development application may be conditioned in the same manner as the development application may have originally been conditioned.

(5)

Findings:

a.

The granting of an appeal pertaining to an administrative official's interpretation or application of the city's land development code requires only a finding that the administrative officer was incorrect in the application of the regulation.

b.

The granting of an appeal pertaining to a decision on a development application must consider those items upon which a finding is required and the reviewing body must make findings on those items.

(6)

Stay of previous action:

a.

General: Whenever an appeal is pending, the action being appealed shall be stayed, i.e. the development application or appealed part thereof shall be considered neither approved nor denied.

b.

Proceeding at risk: If an appeal is initiated for an action that is precedent for another action (e.g. site plan approval preceding plat approval), the applicant may proceed with the submittal and processing of further development applications but only at his or her own risk.

(7)

Decision. The city commission, sitting in its appellate capacity, hearing an appeal shall file its written findings and decision with the city clerk or designee within thirty (30) days of the appellate hearing. An appeal from a decision made by the city commission pursuant to this section shall be handled exclusively by judicial review in the Seventeenth Judicial Circuit Court, in and for Broward County, Florida, and shall be filed within thirty (30) days from the date of the filing of the final reviewing body's written order with the city clerk or designee.

(Ord. No. 115-86, § 108.05, 7-10-86; Ord. No. 159-87, § 108.05, 6-11-87; Ord. No. 2001-034, § 2, 10-11-01; Ord. No. 2015-053, § 1, 10-8-15; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2023-025, § 5, 9-28-23)

(a)

Definition. A special land use shall be defined as a use which would not be appropriate throughout the particular zoning district or classification; however, it may be permitted if limited as to number, area, location or relation to a neighborhood, and would not adversely affect the public health, safety, comfort, appearance, morals and general welfare. Such uses may be permitted in zoning districts or classifications as special land uses only if specific provisions and standards are made in article III of this chapter. Three (3) main characteristics distinguish special land uses from uses permitted by right:

(1)

Special land uses may be restricted as to number, area or location within an individual district in which they are located.

(2)

Special land uses may be subject to more stringent development standards than uses that are permitted by right.

(3)

Special land uses may be subject to restricted hours of operation and other aspects pertaining to a specific use.

(b)

Hearing; review by development review committee; action by planning and zoning board and city commission.

(1)

Applications for a special land use approval shall be reviewed by the development review committee and shall be processed as provided in section 13-26, "Application review procedures," and section 13-27, "Application notices."

(2)

Upon completion of development review committee review, applications shall be scheduled for consideration by the planning and zoning board.

(3)

Following the planning and zoning board recommendation on the application, the application shall be forwarded to the city commission for consideration by resolution. The city commission shall consider and approve, approve with conditions, or deny the application.

(c)

Effective approved special land use approvals.

(1)

A special land use approval previously approved by ordinance may be amended by the city commission by resolution.

(2)

A special land use approval issued prior to the effective date of this section shall be effective for a period of one (1) year from October 1, 2001. If a site plan approval for the project is not issued within the one (1) year effective period, the special land use approval shall lapse and no longer be effective.

(d)

Reserved.

(e)

Interpretation of standards. Uses identified in article III of this chapter as special land uses shall be considered adverse to public interest except on specific sites when the planning and zoning board and city commission find that all ordinance standards for approval of such uses will be met.

(f)

General standards. Prior to approving any special land use application, the planning and zoning board and city commission shall find based on competent and substantial evidence that:

(1)

The proposed special land use will be in harmony with nearby uses permitted under Article III of this chapter;

(2)

The proposed special land use will be in harmony with nearby existing uses;

(3)

The proposed special land use must be reasonably compatible with surrounding and adjacent uses in its function, its hours of operation, the type and amount of traffic to be generated, the building size and setbacks, and its relationships to the land values;

(4)

The proposed special land use will be in the best interests of the city, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;

(5)

The proposed special land use will contribute to the economic stability of the community;

(6)

The proposed special land use will not decrease public benefit or increase undesirable impacts other than those resulting from use of the site as permitted by right under Article III of this chapter or some other special land use permitted on the site;

(7)

The proposed special land use will not result in more intensive development than what is approved by the land use element of the comprehensive plan.

(8)

The proposed special land use will be consistent with goals, objectives, and policies of the comprehensive plan.

(g)

Specific standards for all uses. Prior to approving any special land use application, the planning and zoning board and the city commission will find based on competent substantial evidence:

(1)

The proposed use will not reduce the level of service provided on any street to a lower level than would result from a development permitted by right.

(2)

The proposed use will not result in a significantly greater amount of through traffic on local streets than would result from a development permitted by right.

(3)

The proposed use will not require extension or enlargement of the thoroughfare system at a higher net public cost than would result from a development permitted by right.

(4)

The proposed use will not require enlargement or alteration of utility facilities, drainage systems, and other utility systems other than what would result from a development permitted by right.

(5)

The proposed use will not demand greater municipal public safety services exceeding the demand resulting from a development permitted by right.

(6)

If a special land use is combined with other special land uses or permitted uses on a site, the overall intensity and scale of uses on the site is appropriate given the adequacy of proposed buffers and setbacks and the land uses of surrounding properties.

(h)

Standards for nonresidential uses in residential districts. Prior to approving any nonresidential special land use application in any residential area or prior to approving any more intensive residential special land use application in a less intensive residential area, the planning and zoning board and the city commission will find based on competent and substantial evidence:

(1)

The location of the proposed special land use will not be hazardous or inconvenient to the residential character of the area where it is to be located.

(2)

The size of the special land use application and the nature and intensity of the operations involved will not be hazardous or inconvenient to the residential character of the area or to long range development in accordance with the land use element of the comprehensive plan.

(3)

The location of the special land use will not result in isolating an existing or planned residential area from other residential development.

(4)

The design of buildings for commercial and office special land uses in residential districts shall be in a manner similar to residential structures in the same general area or neighborhood. Such a finding shall be based on consideration of building mask, height, materials, window arrangements, yards and other considerations.

(5)

The proposed use will have direct access to an arterial or collector street. Ingress and egress shall be designed to minimize traffic congestion on the public roadways.

(6)

Parking areas for special land uses shall be of adequate size for the particular use and shall be properly located and suitably screened from adjoining residential uses, and that ingress and egress shall be designed for maximum safety for vehicles and pedestrians and minimize traffic congestion in the residential district.

(i)

Standards for new freestanding wireless communications facilities. Prior to approving a special land use application for a new freestanding wireless communications facility outside of a public right of way, the planning and zoning board and the city commission will find based on competent substantial evidence:

(1)

Land-use compatibility. New freestanding wireless communications facilities shall be located and buffered to ensure compatibility with surrounding land uses. To help ensure such compatibility, each application for a proposed wireless communications facility shall include all requirements for site plan approval as listed elsewhere in this Code, plus the following information:

a.

All of the submittal requirements contained in the City of Coconut Creek Sustainable Development Department (special land use—wireless communications facility application).

(2)

Buffering.

a.

An eight (8) foot opaque fence or decorative wall shall be constructed around the perimeter of a lease site or as noted on site plan to shield the base of a wireless communications facility, as measured from the finished grade of the site.

b.

Landscaping, consistent with the requirements of this section, shall be installed around the entire perimeter of the fence or wall. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city commission may require landscaping in excess of the requirements of this section as is deemed to be reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

c.

Landscaping consistent with the requirement of this Code shall be installed around any accessory building or structures.

(3)

Any modification of an eligible wireless communications facility that does not substantially change the physical dimensions of the facility shall be subject to the city's administrative approval process. For purposes of determining qualification as an eligible wireless communications facility and what constitutes substantial change, the city shall utilize as guidance Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, and the National Programmatic Agreement (47 C.F.R., Part 1, App. B) published by the Federal Communications Commission ("FCC") and the FCC's October 21, 2014 Report and Order (FCC 14-53) interpreting the foregoing.

(j)

Standards for new freestanding wireless communications facilities within a public right of way shall be as set forth in section 13-541.1.

(Ord. No. 115-86, § 108.06, 7-10-86; Ord. No. 159-87, § 108.06, 6-11-87; Ord. No. 102-97, § 1, 2-13-97; Ord. No. 2000-33, § 1, 9-28-00; Ord. No. 2001-035, § 1, 10-11-01; Ord. No. 2001-042, § 3, 2-28-02; Ord. No. 2016-009, § 1, 3-10-16; Ord. No. 2017-034, § 2, 9-28-17; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2019-001, § 2, 2-14-19; Ord. No. 2024-012, § 2, 4-11-24)

(a)

Community residence application form.

(1)

Application form. A "community residence zoning application" form shall be required for all community residences with any number of occupants:

a.

Established on or after December 8, 2022;

b.

In existence prior to December 8, 2022 and not licensed by the State of Florida and not granted a reasonable accommodation by the city under the provisions of section 13-41, "Requests for accommodation";

c.

For the recertification of any existing community residence to which the city granted a reasonable accommodation prior to December 8, 2022; and

(2)

Purpose and process. The "community residence zoning application" form shall be obtained from, and returned to, the director of sustainable development or his/her designee prior to occupancy or construction of the proposed community residence to determine:

a.

Whether the proposed community residence is a permitted use, or requires a special exception permit, or is not allowed in the proposed location;

b.

The maximum number of occupants allowed in accordance with section 6-16, "Adoption of Minimum Housing Code for Broward County";

c.

The minimum number of off-street parking spaces required; and

d.

Whether any further accommodation is needed in accord with section 13-41, "Requests for accommodation" of this Code of Ordinances.

(b)

Special exception permit required for community residences for which there is no state licensure or certification and/or for transitional community residences to locate in single-family zoning districts.

(1)

Special exception permit required. In order to provide a reasonable accommodation procedure for community residences housing more than four (4) unrelated individuals, a special exception permit shall be obtained, in conjunction with section 13-35, "Special land use" of this Code of Ordinances in each of the following applicable circumstances, (two (2) special exception permits may be required if both apply), if:

a.

Required by the applicable zoning district requirements; or

b.

The state does not offer certification or require a license for the proposed type of transitional community residence.

(2)

Purpose of special exception permit. The purpose of this section is to provide narrowly-tailored standards for a special exception permit to ensure that community residences which are required to obtain a special exception permit will:

a.

Operate as a functional family (also known as emulating a biological family) that fosters normalization and community integration of its residents, and

b.

Operate in a manner consistent with the protections afforded by the state's licensing or certification standards for community residences serving individuals with disabilities similar to those of the proposed community residence in order to protect the residents of the proposed community residence from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

(3)

Standards for awarding a special exception permit. A required special exception permit may be issued only if the proposed community residence meets the following standards:

a.

No applicable state license or certification available. When the proposed community residence is required to obtain a special exception permit because the state does not offer a license or certification for this type of community residence and the population it would serve, the application must demonstrate that the proposed community residence:

1.

Will be operated in a manner effectively similar to that of a licensed or certified community residence;

2.

That staff will be adequately trained;

3.

That the home will emulate a biological family and be operated to achieve normalization and community integration; and

4.

That the rules and practices governing how the home is run will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

b.

Special exception required by zoning district. When a transitional community residence is allowed as a special land use in a specific zoning district the application must demonstrate:

1.

That the proposed transitional community residence will not interfere with the normalization and community integration of the residents of any nearby existing community residence and that the presence of other community residences will not interfere with the normalization and community integration of the residents of the proposed community residence, and

2.

That the proposed transitional community residence will be compatible with the residential uses allowed as of right in the zoning district, and

3.

If located in a single-family zoning district, that the proposed transitional community residence will not alter the residential stability of the single-family zoning district, and

4.

That the applicant or the proposed transitional community residence has been granted certification by the state or license required by the state, or in the event the state does not offer certification or require a license for the proposed type of transitional community residence and the population it would serve, that the proposed transitional community residence will be operated in a manner effectively similar to that of a licensed or certified community residence and will meet the requirements of section 13-35.1(b)(3)a. above.

(4)

Procedure and fees.

a.

Procedure. A special exception permit under this section shall be approved by resolution of the city commission pursuant to the following procedure.

1.

Applications for a special exception shall be scheduled for consideration by the planning and zoning board.

2.

Public notice for the hearing shall be posted at the city hall.

3.

The applicant shall present the special exception proposal at a public hearing before the planning and zoning board.

4.

The planning and zoning board shall consider the special exception in light of the standards set out in subsection 13-35.1 (b)(3), "Standards for awarding a special exception permit," above.

5.

The board may recommend approval, approval with conditions, or denial of the application by an affirmative majority vote. The city commission shall then consider the special exception application and can approve, approve with conditions, or deny the application.

6.

After decision of the city commission, the sustainable development department shall send written notification of the decision to the applicant. The decision shall become part of the public record.

7.

The decision of the city commission is final and may only be appealed to circuit court pursuant to the procedures set forth in section 13-34, "Appeals."

b.

Fee. The fee for consideration of a special exception permit under this section is three hundred dollars ($300.00) as this type of special exception is a form of reasonable accommodation and therefore the fees set for special exception uses in section 13-81, "Development application fees," subsection (6), "Special land use" of the City's Code of Ordinances are not applicable.

(c)

Administrative reasonable accommodation required for community residences housing more than ten (10) unrelated individuals.

(1)

Reasonable accommodation. When a community residence for more than ten (10) individuals with disabilities is proposed, the applicant shall submit a request for reasonable accommodation in accord with the procedures of section 13-41 of this Code of Ordinances. In all cases the city manager or his/her designee shall make findings of fact in support of all determinations and shall render the decision in writing. In addition to the procedures in [section] 13-41, "Requests for accommodation," the city manager or his/her designee may meet with and interview the applicant to ascertain or clarify information sufficiently to make the required findings. To grant a reasonable accommodation to allow more than ten (10) occupants in a community residence, the city manager or his/her designee shall affirmatively find compliance with all of the following standards in addition to the general standards promulgated in section 13-41(d), "Findings for reasonable accommodation," of this Code of Ordinances:

a.

The applicant specifies the maximum number of residents the community residence will serve and adequately demonstrates the financial and/or therapeutic need to house the proposed number of residents, and

b.

The primary function of the proposed community residence is residential where any treatment is merely incidental to the residential use of the property, and

c.

The proposed community residence will emulate a biological family and operate as a functional family rather than as an institution, boarding house, nursing home, short term vacation rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, or a nonresidential use, and

d.

The requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence.

(d)

Recertification. All community residences that house more than four (4) unrelated persons shall, annually by October 1, obtain a recertification pursuant to the requirements of section 13-41, "Requests for accommodation".

(e)

Loss of license or certification. A community residence or its operator that loses its state license or certification must cease operations and vacate the property within sixty (60) days of the date on which its licensing or certification was discontinued or the date required by state law, whichever is less, regardless of any special exception or reasonable accommodation approvals granted by the city.

(Ord. No. 2022-023, § 2, 12-8-22)

(a)

Effect. Zoning map amendments shall be approved in accordance with the regulations and procedures in this section and section 13-26, "Application review procedures." A zoning map amendment changes a district classification on land. Zoning map amendments, shall follow the procedures outlined in this section.

(b)

Hearing; review by development review committee; action by planning and zoning board and city commission.

(1)

Applications for a rezoning map amendment shall be reviewed by the development review committee and shall be processed as provided in section 13-26, "Application review procedures," and section 13-27, "Application notices."

(2)

Upon completion of development review committee review, the application shall be scheduled for consideration by the planning and zoning board.

(3)

Following the planning and zoning board recommendation on the application, the application shall be forwarded to the city commission. The city commission shall consider and approve or deny the application.

(c)

Standards for decision. Prior to approving any zoning map amendment, the planning and zoning board and city commission shall find, based on competent and substantial evidence, that the proposed change:

(1)

Is not contrary to the comprehensive plan;

(2)

Will not create an isolated zoning district which would be unrelated and incompatible with adjacent districts;

(3)

Will not substantially impact public facilities such as schools, utilities and streets;

(4)

Will be justified by external land use conditions;

(5)

Will not create or excessively increase automobile and vehicular traffic congestion;

(6)

Will not create a storm drainage problem for other properties;

(7)

Will not adversely affect surrounding living conditions;

(8)

Will not seriously affect environmental quality;

(9)

Will not adversely affect other property values;

(10)

Will not be a deterrent to improvement or development of other property;

(11)

Will not constitute a special privilege to an individual owner.

(Ord. No. 115-86, § 108.07, 7-10-86; Ord. No. 159-87, § 108.07, 6-11-87; Ord. No. 157-96, § 1, 9-26-96; Ord. No. 2000-34, § 1, 9-14-00; Ord. No. 2005-040, § 1, 11-10-05; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2019-001, § 2, 2-14-19; Ord. No. 2024-012, § 2, 4-11-24)

Editor's note— Ord. No. 2021-007, § 2(Exh. A), adopted March 11, 2021, repealed § 13-36.1, which pertained to procedures for acceptance or conveyance/vacation/abandonment of streets, alleyways, roads, or public rights-of-way and derived from Ord. No. 157-96, § 1, adopted Sept. 26, 1996; Ord. No. 2005-040, § 2, adopted Nov. 10, 2005; Ord. No. 2017-008, § 2, adopted Jan. 11, 2018; Ord. No. 2019-001, § 2, adopted Feb. 14, 2019.

Editor's note— Ord. No. 2021-007, § 2(Exh. A), adopted March 11, 2021, repealed § 13-36.2, which pertained to procedures for acceptance or conveyance/vacation/abandonment of specific purpose easements and derived from Ord. No. 2017-008, § 2, adopted Jan. 11, 2018; Ord. No. 2019-001, § 2, adopted Feb. 14, 2019.

(a)

Review and approval. Aesthetic design review shall be included as part of the site plan review process. This section establishes criteria pertaining to appearance in the design of a site, buildings and structures, landscaping, signs, and other miscellaneous objects that are observed by the public. Aesthetic criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which result in creative solutions that will promote visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare.

(b)

Standards generally.

(1)

Harmonious and efficient organizations. The site plan shall be organized harmoniously and efficiently in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. The site will be developed to facilitate orderly development of surrounding property.

(2)

Preservation of natural state. Desirable vegetation or other unique natural features shall be preserved in their natural state when practical. Tree and soil removal and filling of natural watercourses shall be minimized.

(3)

Enhancement of residential privacy. The site plan shall provide reasonable visual and sound privacy for all adjacent dwelling units. Fences, walks, barriers and vegetation shall be arranged for protection and privacy.

(4)

Emergency access. Structures and other site features shall be arranged to permit practical emergency vehicle access to all sides of buildings.

(5)

Access to public ways. Every structure and dwelling unit shall have access to a public street, walkway or other area dedicated to common use.

(6)

Pedestrian circulation. A pedestrian circulation system shall be provided which is separate from the vehicular circulation system.

(7)

Design of access and egress drives. The location, size, and numbers of ingress and egress drives to a site will be designed to minimize the negative impacts on public and private streets and on adjacent property.

(8)

Coordination with off-site vehicular and pedestrian circulation systems. The arrangement of rights-of-way or easements for vehicular and pedestrian circulation shall coordinate the pattern of existing and planned streets and pedestrian or bicycle pathways in the area.

(9)

Stormwater control. Protective measures shall ensure that removal of stormwater runoff will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for construction of wastewater facilities including grading, gutters, piping to direct stormwater and prevent erosion. Surface water on all paved areas shall be collected at intervals which do not obstruct vehicular or pedestrian traffic.

(10)

Exterior lighting. Location, type, size and direction of exterior lighting shall not glare or direct illumination which interferes with adjacent properties or safety of public rights-of-way.

(11)

Protection of property values. Elements of a site plan shall be arranged to have minimum negative impact on values of adjoining property.

(c)

Specific standards.

(1)

Relationship of buildings to site.

a.

The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking areas.

b.

Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

c.

Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so as to screen parking areas from view from public ways.

d.

Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings.

e.

Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.

(2)

Relationship of buildings and site to adjoining areas.

a.

Adjacent buildings of different architectural styles shall be made compatible by such means as landscape screens, sight breaks and materials.

b.

Attractive landscape transition to adjoining properties shall be provided.

c.

Harmony in texture, lines and masses is required.

(3)

Building design.

a.

Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the relationship to surroundings.

b.

Buildings shall have good scale and be harmonious with permanent neighboring developments.

1.

Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

2.

Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

3.

Materials shall be of durable quality.

4.

In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

c.

Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

d.

Colors shall be harmonious, using only compatible accents.

e.

Mechanical equipment or other utility hardware on the roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways. This provision does not apply to the installation of electric vehicle charging stations.

f.

Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.

g.

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.

h.

Variation of detail, form, and siting may be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.

(4)

Landscaping and site treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utility structures.

a.

Natural or existing topographic patterns contributing to the beauty and utility of a development shall be preserved and developed. Modification of topography will be permitted where it contributes to good appearance.

b.

Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance.

c.

Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade.

d.

Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

e.

Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of good appearance shall be used.

f.

Plants susceptible to injury by pedestrian or motor traffic, shall be protected by appropriate curbs, tree guards, or other devices.

g.

Parking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings.

h.

Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.

i.

Service yards and other unsightly places shall be screened by use of walls, fencing and/or planting.

j.

In areas where general planting will not prosper, other materials such as fences, walls, and pavings of wood, brick, stone, gravel, and cobbles shall be used. Plants shall be combined with such materials where possible.

k.

Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.

(5)

Signs.

a.

Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings.

b.

Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

c.

The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

d.

The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the total area of the sign face.

e.

Each sign shall be compatible with signs on adjoining premises.

f.

Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.

(6)

Miscellaneous structures and street hardware.

a.

Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings and proportions shall be attractive.

b.

Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

(7)

Maintenance, planning and design factors.

a.

Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse.

b.

Provisions for cleaning buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided.

(Ord. No. 115-86, § 108.08, 7-10-86; Ord. No. 159-87, § 108.08, 6-11-87; Ord. No. 002-2000, § 1, 3-9-00; Ord. No. 2017-008, § 2, 1-11-18)

(a)

Required. A building permit is required for construction, addition, alteration, movement, repair or change to a new or different use of any building, structure or land. A permit is also required for all work by city franchises and their assigns within the city limits, rights-of-way and easements granted to the city.

(b)

Filing application. Applications for building permits shall contain all information required by the director of sustainable development pursuant to the Florida Building Code. Applications shall be accompanied by a survey prepared by a registered land surveyor of the state. Applications shall also include the processing fees required by division 4 of this article. Applications will-only be accepted from the property owner or a licensed, bonded contractor representing the property owner.

(c)

Processing of application.

(1)

Completed building application forms are submitted to the department of sustainable development with two (2) sets of construction plans and the appropriate permit fees as set forth in division 4 of this article.

(2)

Permit applications are reviewed by the department of sustainable development.

(3)

Applications are returned to the applicant for correction or approved as submitted.

(4)

Following all required approvals, the director of sustainable development shall authorize issuance of the building permit.

(d)

General requirements.

(1)

Building permits may not be issued by the director of sustainable development for any applicable purpose except when in conformance with the regulations of this chapter and the Florida Building Code.

(2)

Building permits for construction of a principal building may not be issued unless a plat, including the site of the proposed building, has been approved by the city commission in accordance with the requirements of Article II of this chapter and has been recorded in the official records of the county after June 4, 1953, subject to the following exceptions:

a.

An application for a building permit for the construction of a single-family dwelling on a single-family parcel meeting all effective city and county requirements for plat approval except those requirements relating to the actual submission, approval and recordation of a plat document;

b.

An application for a building permit for construction of a multifamily residential or nonresidential parcel which is less than five (5) acres in size and the boundaries of which are specifically delineated on a recorded plat, meeting all effective county and city requirements for obtaining plat approval, except for those requirements relating to the actual submission, approval and recordation of a plat document.

If these general requirements are in conflict with other state and county regulations, the most restrictive shall apply.

(3)

All building and construction permits shall expire if construction does not commence within one hundred eighty (180) days from the date of issuance.

(4)

Building permits issued on the basis of plans and specifications approved by the department of sustainable development authorize only the use, arrangement and construction as shown on approved plans. Use, arrangement, or construction which deviates from approved plans and specification shall be in violation of this chapter. Statements made by the applicant on the building permit application shall be official. Approval of permit applications by the director of sustainable development shall not exempt the applicant from applicable provisions of this chapter and all other applicable regulations, codes and laws. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed in construction and shall be null and void.

(5)

Any person found to be in violation of the provisions of this chapter shall be punished pursuant to the provisions of section 1-8. Each day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. No. 115-86, § 108.09, 7-10-86; Ord. No. 159-87, § 108.09, 6-11-87; Ord. No. 2001-042, § 3, 2-28-02; Ord. No. 2024-012, § 2, 4-11-24)

(a)

Required and issued pursuant to Florida Building Code. Certificates of occupancy shall be required and issued in accordance with the provisions of Section 106.1.2 of the Florida Building Code.

(b)

Site requirements. Certificates of occupancy shall be issued upon completion of the following requirements:

(1)

Site plans containing one (1) building, shall not be issued a certificate of occupancy until all improvements shown on the approved site plan, including but not limited to streets, walkways, parking lots, on-site and off-site lighting, utilities and landscaping, have been constructed and completed in accordance with applicable building codes and the approved site plan.

(2)

Site plans containing more than one (1) building may be issued a certificate of occupancy for each building prior to completion of all improvements, when the following improvements are completed:

a.

Paved access, including streetlights and landscaping, to the building for which a certificate of occupancy is requested. The paved access shall include all paving necessary to connect the parking area from the building to a collector street as determined by the city engineer.

b.

Parking lots for each building, including all landscaping construction and improvements;

c.

Landscaping within thirty-five (35) feet of the exterior building line, or a point midway between buildings where the distance between buildings is less than seventy (70) feet;

d.

All utilities necessary to furnish essential services to the building;

e.

All applicable building and occupancy regulations for the building or structure.

The standards above shall not apply to the final certificate of occupancy for any building shown on an approved site plan. All final certificates of occupancy shall not be issued until all improvements shown on the site plan have been completed.

(3)

When public streetlights are shown on a site plan as being located within a public right-of-way and installation of such lights is the responsibility of Florida Power and Light Company, installation of such lights will not be required prior to issuance of a certificate or certificates of occupancy.

(Ord. No. 115-86, § 108.10, 7-10-86; Ord. No. 159-87, § 108.10, 6-11-87; Ord. No. 2001-042, § 3, 2-28-02)

(a)

Permits required.

(1)

Issuance by engineering division. A permit is required for all engineering improvements and construction under city jurisdiction. Such permits shall be issued by the engineering division in accordance with the city's land development code, division 4, "Record Drawings," of article II, Subdivision Regulations," of this chapter, and such other sections as applicable.

(2)

No construction before permit. Except as provided hereinafter, no construction shall be started until a permit for the proposed installation has been granted by the engineering division. Minor construction or maintenance work, such as installation modification for water meters (up to two (2) inches), cable splice pits (not in or within two (2) feet of a roadway) streetlight maintenance, or similar types of work may be done without permit, however the engineering division shall be given forty-eight (48) hours prior notice. This does not include cable replacement, or any other type of facility upgrading or rehabilitation involving excavation, except for splice pits as stated above.

(3)

Emergency work. None of the above permit procedures shall apply to emergency repair work. Emergency repair work is work which must be done immediately upon discovery, in order to safeguard the public from immediate danger to life or limb, to safeguard public health, safety or welfare, to repair or replace traffic signals or to restore interrupted utility services. In the event of an emergency as defined above, repair work may be started without a permit upon verbal notification being given to the engineering division. If the engineering division offices are closed, then notification must be given as early as possible on the next regular work day. After the emergency repair is completed, a record drawing must be submitted to the engineering division, unless otherwise provided hereinafter, within ten (10) working days. Work that can be scheduled ahead of time will not be considered emergency work.

(b)

General requirements.

(1)

Ownership of facilities. All facilities permitted for installation within the city's jurisdiction, on the public rights-of-way or on private property, must be owned and maintained by a public service utility or a communications service provider or franchise or by a political entity competent to function within the State of Florida, and shall remain the liability of the last operating entity until removed. This section shall not apply to facilities required to be left in place by the engineering division.

(2)

Validity.

a.

Permits will become invalid one hundred eighty (180) calendar days from date of issuance if work has not begun on a permitted project, unless other provisions have been made with the engineering division. Permits will become invalid upon suspension of work in excess of ninety (90) days on any permitted work, unless an extension has been granted by the engineering division.

b.

If permittee wishes to begin, continue, or resume work after permit expiration, a new permit must be obtained with all current conditions and regulations having to be met including new plan approval. A new permit fee will be charged for the uncompleted portion only.

c.

Permits will expire upon completion of the permitted work and acceptance of the installation, by the owner, operator, all regulatory agencies involved, and the engineering division.

(c)

Procedure for obtaining a permit.

(1)

a.

Construction drawing review. Prior to application for permit, a minimum of six (6) complete sets of construction drawings (final engineering plans) with supporting design calculations for the proposed work, signed and sealed by a professional engineer registered in the State of Florida, shall be submitted to the engineering division for review and approval, unless otherwise specified hereinafter or arranged with the city engineer.

b.

After the engineering division has reviewed the drawings, the owner or engineer of record shall be advised in writing of the approvability of these drawings and what, if any, items should be revised. If necessary, one (1) copy of each drawing noting all required revisions shall be returned to the engineer of record with an explanatory letter and a final engineering checklist. Three (3) sets of approved drawings shall be returned to the engineer of record once all checklist items have been approved.

c.

When the drawings have been approved, and all documentation for other agency approvals have been provided, application for a permit for construction may be made. Construction drawing approvals shall be void after one (1) year unless an engineering division permit to construct the approved facilities has been issued. In the event that applicable standards, regulations or laws change subsequent to construction drawing approval, but prior to permit issuance, revised plans must be submitted for approval under the new requirements.

(2)

Permits shall be issued to qualified applicants only. Necessary application forms shall be available at the engineering division offices. Forms are to be completed, signed and submitted together with appropriate fees. The application, when signed and dated by the issuing agent for the city, shall constitute the permit for construction.

(3)

No permit shall be issued for work until all the required performance bonds have been posted. Construction shall not commence until applicant has obtained all necessary approvals and permits from all agencies having jurisdiction and has submitted same to the engineering division. Forty-eight (48) hours minimum prior notice must be given to the engineering division prior to the start of construction.

(4)

Plan approval is based primarily upon the information contained on the approved engineering construction drawings. Subsequent minor revisions approved after permitting may be indicated upon approved prints, but such changes must be signed and dated by representatives of the engineer of record and the engineering division prior to the contractor proceeding with the revisions.

(d)

Specific provisions for obtaining a permit to install wireline communications facilities within the city including in the public right-of-way and on private property.

(1)

Scope. All provisions applicable to the installation of wireline communications facilities within the city and communications service providers located in subdivision IX, "Communications Facilities" are incorporated herein. In the event of a conflict, the provisions set forth in this section shall prevail.

(2)

Definitions. All definitions set forth in subdivision IV, "Communications Facilities," are adopted herein. In addition, the following definitions shall be used for this subsection:

Major construction means the excavation, installation, removal, or maintenance of facilities in the rights-of-way and on private property within the city's jurisdiction, provided, however, that major construction shall not mean installation, repair, rehabilitation or maintenance of facilities that do not involve excavation or other physical disruption of the rights-of-way or private property, or other work in the rights-of-way within the city that the city considers, in its sole discretion, to be minor construction.

Minor construction means the excavation, installation, obstruction, removal, or maintenance of facilities that the city determines does not impact the use of the public.

Permittee means any person to whom a construction permit has been granted.

Probation means the status of a person that has not complied with the requirements of this subsection.

Probationary period shall be one (1) year from the date that a person has been notified in writing that they have been put on probation.

Trenchless technology means the use of directional boring, horizontal drilling, microtunneling and other techniques used to construct underground facilities that result in minimal disruption and damage to the rights-of-way.

Underground facilities means all lines, cable, or conduits, posts, tanks and other facilities, which are located wholly or partially underneath the rights-of-way.

(3)

Prohibition. No person shall construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof located in the city pursuant to this subsection without first filing a registration statement, pursuant to subdivision IX, Communications Facilities," when work is done in the city right-of-way, and obtaining a construction permit from the department of utilities and engineering.

(4)

Requests for construction permits. Requests for construction permits seeking to construct wireline communications facilities within the city, on public or private property, shall be filed with the department of utilities and engineering. All construction permit requests shall be in a form specified by the department of utilities and engineering and shall contain the following:

a.

Evidence that the person requesting the construction permit is the owner of the proposed facility and when construction is proposed within a city right-of-way, proof that the applicant is properly registered with the city pursuant to subdivision IX, "Communications Facilities," or proof that the person has the authority to apply for the permit on behalf of the owner or registrant.

b.

If work is proposed in the city right-of-way, a traffic control plan/maintenance of traffic (MOT), approved by Broward County Traffic Engineering Department, demonstrating the protective measures and devices that will be employed, consistent with the manual of uniform traffic control devices and standards of the Florida Department of Transportation, in order to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.

c.

Each permit applicant seeking to construct wireline communications facilities within the city shall file a construction and maintenance plan, to the extent known, with the department of utilities and engineering. Such plan shall be submitted using a format designated by the department of utilities and engineering and shall contain the information determined by the city manager or designee, to be necessary to facilitate the coordination and reduction in frequency of construction, excavation and obstructions in the city. The plan will include a preliminary construction schedule and completion date. To the extent that the plan changes, each permittee shall use its best efforts to update the plan on an annual basis, or by October 1 of each year. The plan shall include:

1.

The specific locations and the beginning and ending dates of all known planned construction to be commenced during the next calendar year; and

2.

A description of how the equipment or new facility would fit into the affected area.

d.

Mapping data.

1.

Each permit applicant shall provide to the department of utilities and engineering within a reasonable time, information indicating the horizontal location of all facilities placed in the rights-of-way and the vertical location of all underground facilities that are placed in the rights-of-way. Each permit applicant shall use its best efforts to make this information available in electronic format, as such information shall be included in the mapping system used by the city.

2.

"As-builts" shall be required by the city for each project constructed in the city rights-of-way. The plans submitted with the permit application shall be utilized for "as-built" purposes provided that the construction does not deviate from the permit plans provided. Should the construction require a deviation from the original permit plans, the city manager or designee shall require a permit modification including new permit plans. The amended permit plans shall be utilized for "as-built" purposes. Each permit applicant shall make this information available in electronic format.

e.

If the permit applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way, the following information is required.

1.

A statement that it is not technologically or economically feasible to locate its facilities in existing ducts and conduits; and

2.

The location, depth, size and quantity of proposed new ducts or conduits.

f.

When a construction permit is requested for purposes of installing additional facilities within the city rights-of-way, the posting of a construction bond for the additional facilities, if required, or proof of self-insuring status that demonstrates adequate financial resources to defend and cover claims.

g.

If required by the city manager or designee, a videotape documenting the condition of the rights-of-way prior to major construction, if applicable.

h.

Submit an emergency response plan that includes detailed information needed to expeditiously address risks to life safety or imminent significant property damage.

(5)

Joint submissions. Persons requesting a construction permit are encouraged to make joint submissions for said permits to work in the rights-of-way at the same place and time and may share in the payment of any construction permit fee. Persons requesting a construction permit that file jointly shall be jointly and severally liable for any construction permit fee and for compliance with the requirements of this subsection.

(6)

Public notice. Prior to the issuance of any permit pertaining to the placement and maintenance of communications facilities within the public rights-of-way located in residential zoning districts, the city manager or designee shall require the permittee to issue notice of the proposed work, via writing, to property owners within two hundred fifty (250) feet of such rights-of-way, as well as provide notification to any affected homeowners' association or neighborhood association (the "notification area"). The city may further require the permittee to hold a public information meeting for purposes of answering questions and taking comments from affected property owners. Such public information meeting shall be held within ten (10) days of the city's receipt of request for same. Comments may be submitted in person or in writing to the city. The process for submitting written comments shall be provided to all property owners in the notification area by the permittee. Should a public information meeting be required, the permittee shall submit a report to the city, no later than ten (10) days after such meeting, stating the public comments received and any responses provided by the permittee. The permittee shall meet with city staff as soon as practical to review comments received at the public information meeting, and attempt to resolve all negative comments or issues raised. No permit application will be deemed complete, nor permit shall be issued, by the City until this process, if required, has been completed.

(7)

Unregistered equipment. One (1) year after the passage or amendment of this subsection, any facilities in any rights-of-way that are owned by a person who has not registered as required by subdivision IX, "Communications Facilities," shall be deemed a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the rights-of-way at the facility owners' expense. Written notice by the city to the owner, if known, will be provided thirty (30) days prior to any city action to abate the nuisance or taking possession of the facilities.

(8)

Construction permit limitations. A permittee shall submit written notification three (3) business days prior to the actual construction commencement date confirming the actual construction date for the project.

a.

A construction permit is valid only for the dates, time and area specified in the permit.

b.

No person may perform major construction beyond the date(s) specified in the construction permit unless an extension or a new construction permit is granted.

c.

Construction permits shall be conspicuously displayed at all times at the work site and shall be available for inspection.

(9)

Issuance of permit; conditions.

a.

The issuance of a construction permit shall neither convey equitable or legal title in the streets, sidewalks, public property or rights-of-way.

b.

Each construction permit shall be non-exclusive and shall not in any manner prevent the city from granting other or further permits and agreements regarding wireline communications facilities within the city. Such construction permits shall in no way prevent or prohibit the city from using any of said properties/rights-of-way or affect its jurisdiction over them or any part of them, and the city shall retain its power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the city deems necessary, including but not limited to the dedication, establishment, maintenance, and improvement of all new rights-of-way, thoroughfares and other public properties.

c.

Conditions before a construction permit is issued. Except in the case of an emergency, no construction permit will be granted:

1.

To any person required to register and who has not registered.

2.

To any person who is currently not in substantial compliance with the requirements of this subsection, or if applicable, with the requirements set forth in subdivision IX, "Communications Facilities."

3.

To any person who has an outstanding undisputed debt which is due and payable to the city without offset.

4.

To any person as to whom there exists grounds for the revocation of a construction permit until such person/registrant has corrected any such failure and/or default.

d.

Before the city manager or designee denies issuance of a construction permit for wireline communications facilities, the city manager or designee shall provide notice of his/her preliminary decision to deny, in writing, and the person/registrant who applied for the permit shall have ten (10) business days to cure the default that precluded issuance of the permit. If the person/registrant cures the defects within the ten (10) day period, a construction permit will be issued. If the person/registrant fails to cure, the permit request will be denied.

e.

Other conditions. The city manager or designee may impose reasonable conditions upon the issuance of the construction permit for wireline communications facilities and the performance of the person/registrant requesting the permit thereunder in order to protect the public health, safety and welfare of the city, to ensure the structural integrity of the rights-of-way or other city property, or to minimize the disruption and inconvenience to the traveling public.

f.

Exceptions.

1.

Notwithstanding the provisions of subparagraphs c. and d. above, the city manager may issue a construction permit where necessary:

i.

To prevent substantial economic hardship to a customer of the person/registrant requesting a permit; or

ii.

To allow such customer to materially improve its communications service; or

iii.

To allow a new economic development.

2.

Minor construction. For those instances relating to minor construction or individual service repair work being done to one flag of the sidewalk, the owner/registrant shall provide written notification to the city manager or designee no later than twenty-four (24) hours prior to the commencement of such work.

(10)

Work without a permit.

a.

Emergency situations. In any emergency event relating to wireline communications facilities or arising out of its installation of such facilities, the owner shall proceed to take whatever actions are necessary in order to respond to the emergency to prevent loss of life or imminent significant damage to property. Each owner shall as promptly as reasonably practical, notify the city manager or designee of any event regarding its facilities which it considers to be an emergency. In the event that the city becomes aware of an emergency regarding a facility, the department of utilities and engineering may attempt to contact the local representative of each owner of facilities affected, or potentially affected, by the emergency and shall enforce the emergency response plan submitted by the owner/registrant. In any event, the department of utilities and engineering may take whatever action it deems necessary in order to respond to the emergency, the reasonable and documented direct cost of which shall be borne by the owner/registrant whose facilities occasioned the emergency. Each owner/registrant shall be responsible for the cost of repairing any facilities that it or its facilities damages during an emergency caused by the registrant or its facilities, in accordance with F.S. Ch. 556.

In addition to the above, in the event that an emergency does arise, the owner/registrant shall provide the following:

1.

A public relations/customer service representative shall be contacted immediately for all emergencies and shall be available to handle all homeowner questions and issues as well as media information. Such activities shall be coordinated with the city's public relations office.

2.

The name, address and telephone number of the company retained, if any, by the owner/registrant to handle all emergency matters, including but not limited to, immediate repair of any of the facilities and/or property affected by the emergency situation.

(11)

Construction and restoration.

a.

Subsurface utility engineering study required.

1.

Prior to commencement of any major construction, an owner/registrant shall, if required by the city manager or designee, conduct a subsurface utility engineering study on the proposed route of construction. The city manager or designee may waive all or part of this requirement in construction situated where it is not necessary. A subsurface utility engineering study consists of:

i.

Securing all available "as built" plans, plats and other location data indicating the existence and approximate location of all underground facilities along the proposed construction route.

ii.

Visibly survey and record the location and dimensions of any above-ground features of all underground facilities along the proposed construction route, including but not limited to manholes, valve boxes, utility boxes, posts and visible street cut repairs.

iii.

Determining and recording the presence and approximate horizontal location of all underground facilities in the rights-of-way along the proposed system construction route.

2.

Upon completion of a subsurface utility engineering study pursuant to this subsection, the owner/registrant shall incorporate all of the data collected into the plans submitted to the city for permitting.

3.

Qualified professional. All engineering plans submitted pursuant to this subsection shall be prepared, signed and sealed by a professional engineer registered in the State of Florida.

(12)

Location of facilities. The city manager or designee shall have the power to prohibit or limit the placement of new or additional facilities within specific sections of the rights-of-way if there is insufficient space to accommodate all requests to occupy and use the rights-of-way. All proposed underground wireline communications facilities shall have a ten-foot minimum horizontal separation and a four-foot minimum vertical separation from any city owned utilities. In making such decisions, the city manager or designee shall strive to the extent possible to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of public interest, the condition of the rights-of-way, the protection of existing facilities in the rights-of-way, and city plans for public improvements which have been determined by the city commission to be in the public interest.

(13)

Manner of construction.

a.

All major and minor construction shall conform to specifications and standards established by the city which include the public utilities standards and policies.

b.

All major and minor construction shall be accomplished in the manner resulting in the least amount of damages and disruption to the public rights-of-way and private properties. Specifically, every owner/registrant performing major construction shall utilize trenchless technology, unless the city manager or designee approves another method of construction.

c.

For construction in the right-of-way, entire road closures will not be permitted in major traffic ways which shall include any road listed as an arterial, collector or one-way pair on the Broward County Traffic Ways Plan. Lane closures shall not occur during the rush hour period starting at 7:00 a.m. and ending at 9:00 a.m. and from 4:00 p.m. to 6:00 p.m.

(14)

Removal and relocation of facilities.

a.

In the event the city reasonably requires the removal or relocation of any wireline communications facilities installed in the city's rights-of-way, the statutory requirements set forth in F.S. Ch. 337, and as amended from time to time, for such removal and relocation shall be implemented and complied with by the parties.

b.

The reasonable and documented direct costs of such removal or relocation shall be borne by the registrant pursuant to F.S. Ch. 337, as amended from time to time.

(15)

Restoration.

a.

Restoration of the rights-of-way and private property shall conform with the sections, details, and specifications set forth in the "City Land Development Code, Utility and Engineering Standards Manual, Specifications, Policies and Procedures" of the Utility and Engineering Department of the City of Coconut Creek, as amended from time to time.

b.

The work to be done under a construction permit and the restoration as required herein must be completed within the dates specified in the construction permit or as amended subsequently.

c.

The permittee shall restore the work area and perform the work according to the standards and with the materials necessary to return the rights-of-way and private property to the same or similar condition as existed prior to construction. In the event that the registrant fails to restore the work area within ten (10) days after completion of the permitted construction or repair, or within the time approved by the city manager or designee, the city may restore the job site and make a claim under the construction bonds issued pursuant to subdivision IX, "Communications Facilities," for work in public right of way or seek reimbursement from the permittee for work on private property. Upon the permittee's completion of the restoration, the city will inspect said work and if the city determines that the property has been properly restored for work conducted in the public right of way, the city shall release fifty (50) percent of the performance bond amount to the registrant. However, the registrant shall be responsible for its restoration work and shall maintain and correct any improper construction and/or restoration at its cost during the twelve (12) months following its completion. The registrant shall also provide a twelve-month guarantee for trees and other flora. During the twelve (12) month period, it shall, upon notification from the department of utilities and engineering, correct all restoration work to the extent necessary using the method required by the city manager or designee. Said work shall be completed within twenty-one (21) calendar days of the receipt of the notification from the department of utilities and engineering. In the event that the registrant fails to restore the property within twenty-one (21) days, the city may restore the property and make a claim against the construction bonds issued pursuant to subdivision IX, "Communications Facilities." If, during the twelve (12) months following such restoration, the pavement settles due to registrant's improper backfilling, the city shall make a claim under the construction bonds to recover the cost of repairing the pavement. If, twelve (12) months after completion of the restoration, the city determines that the rights-of-way have been property restored, it shall release the remaining performance bond's balance.

(16)

Inspection.

a.

The permittee shall notify the city within forty-eight (48) hours of completion of construction in the public right-of-way and on private property.

b.

The work site shall be available for inspection at all reasonable times during and upon completion of construction.

c.

The city may at any time order the immediate cessation of any work that poses a threat to the life, health, safety, or well-being of the public.

d.

The city may order, by written notice, the owner/registrant to correct all violations of this subsection. Within ten (10) business days after issuance of the order, or within the time approved by the city manager or designee, the owner/registrant shall present proof to the city that all violations have been corrected and shall pay a reinspection fee, applicable fines or penalties where applicable. If such proof has not been presented within the required time, the City may revoke the permit pursuant to provisions set forth in subdivision IX, "Communications Facilities."

(17)

General obligations.

a.

Obtaining a construction permit does not relieve an owner/registrant of its duty to obtain all other necessary authorizations and to pay all fees required by other city, county, state or federal rules, laws or regulations.

b.

An owner/registrant shall comply with all requirements of local, state, county and federal laws, all applicable codes and established rules and regulations, and is responsible for all construction performed pursuant to its permit, regardless of who performs the construction.

c.

The construction performed in the rights-of-way and on private property shall be done in conformance with specifications provided for in the City Land Development Code, where applicable, and the Utility and Engineering Standards Manual, Specifications, Policies and Procedures.

d.

Except in the case of emergency, and with the approval of the city manager or designee, no construction in the rights-of-way and on private property may be performed when climatic conditions are unreasonable for such work. The city manager or designee may order a temporary cessation of construction during inclement or impending inclement conditions, when such conditions present an unreasonable danger to persons using the right-of-way or to the general public. The city manager or designee shall provide reasonable notice, as is practical, to make the construction site safe and to secure materials and equipment.

e.

An owner/registrant shall not cause obstruction in a manner that will interfere with the natural free and clear passage of water through the gutters or other waterway.

f.

Private vehicles, other than authorized company vehicles, may not be parked within or adjacent to a construction site. The loading and unloading of trucks adjacent to a construction site area is prohibited unless specifically authorized by the permit.

g.

An owner/registrant shall belong to the Sunshine State One-Call Notification System as required by state law or such other line location system acceptable to the city.

h.

Permit fees for work governed by this subsection shall be as provided in subdivision IX, "Communications Facilities," subsection 13-540(k) "Permit fees."

(Ord. No. 122-94, § 1, 5-26-94; Ord. No. 2018-009, § 4, 6-28-18)

(a)

Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures for persons with disabilities as defined by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Amendments Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Code, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.

(b)

Notice to the public of availability of accommodation. The city shall display a notice on the city's public notice bulletin board, on the city's website, and shall maintain a copy available for review in the department of sustainable development, advising the public that disabled individuals (and qualifying entities) may request a reasonable accommodation as provided herein.

(c)

Application. A request by an applicant for reasonable accommodation under this section shall be either oral or written. A written request may be submitted by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the department of sustainable development. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection 13-41(g)(1), below.

(1)

Confidential information. Should the information provided by the applicant to the city include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the city, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The city shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the city for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the city. The city will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual.

(2)

Fee. There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the city commission, and the city shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorney's fees or costs in connection with the request, or an appeal.

(3)

City assistance. The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with an applicant's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is accessible.

(d)

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish, at a minimum, that:

(1)

They are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, or a qualifying entity, as defined in the FHA and/or ADA.

(2)

The proposed reasonable accommodations sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request.

The foregoing, in addition to applicable federal standards, (all as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the city manager, or his/her designee, or by a special magistrate in the event of an appeal.

(e)

Decision process. The city manager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, recertification of an approved reasonable accommodation, and amendment to an approved reasonable accommodation. When a reasonable accommodation request form has been completed and submitted to the department of sustainable development, it will be referred to the city manager, or his/her designee, for review and consideration. The city manager, or his/her designee, shall issue a written determination within forty-five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the city manager, or his/her designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the city manager, or his/her designee, shall issue a written determination within thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) day period, the city manager, or his/her designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the city with regard to said reasonable accommodation request shall be required.

(f)

Appeal. Section 13-34 of this Code notwithstanding, the appeal of any decision of the city manager or his/her designee regarding a request for reasonable accommodation, recertification of an approved reasonable accommodation, or amendment to an approved reasonable accommodation shall be considered pursuant to the requirements of this section. Within thirty (30) days after the city manager's, or his/her designee's, determination regarding a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision by filing a notice of appeal with the city clerk. The city clerk or designee shall act as clerk to the special magistrate for purposes of an appeal from a decision under this section. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the special magistrate who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. The appeal shall be conducted as a de novo review of the evidence on record for the original review under the required findings of this section. The decision of the special magistrate shall be considered final city action and may be appealed within thirty (30) days to a court of competent jurisdiction as provided by law.

(g)

Request form for reasonable accommodation.

(1)

Contents of reasonable accommodation request form:

a.

Name and contact information of the applicant, and as applicable, the applicant's authorized representative;

b.

Information regarding property at which reasonable accommodation is requested, including the address of such location;

c.

Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought;

d.

Reasons the accommodation may be necessary for the applicant or the individuals with disabilities seeking the specific accommodation; and if relating to housing, why the requested reasonable accommodation is necessary to use and enjoy the housing;

e.

Description of the qualifying disability or handicap;

f.

Other relevant information pertaining to the disability or property that may be needed by the city in order for it to be able to evaluate the request for reasonable accommodation;

g.

A statement as to whether the applicant is seeking the accommodation in order to make housing and/or provision of housing financially viable, with supporting documentation;

h.

A statement as to the therapeutic necessity of the accommodation for the applicant, with supporting documentation;

i.

If seeking a reasonable accommodation from the definition of family:

1.

Proof of state licensure, as applicable to the location for which the reasonable accommodation is requested; or

2.

Proof of certification pursuant to Section 397.487, Fla. Stat. as amended, or alternatively, certification under a nationally accredited agency or recognition or sanction by Congress if the accommodation is for or related to a recovery residence, as defined in Section 397.311, Fla. Stat.; and

3.

All applicants must provide proof of satisfactory fire, safety, and health inspections as required by Section 397.487, Fla. Stat. or other applicable statute, as amended from time to time for the location for which the reasonable accommodation is requested;

j.

Signature of applicant;

k.

Date of application;

l.

If on-site supervisor or manager, provide the name and contact information (phone and email) for each;

m.

Disclosure of ownership interests of property; and

n.

Consent of all property owners for application.

(h)

Stay of enforcement. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

(i)

Expiration of approvals. Approvals of requests for reasonable accommodation shall expire within one hundred eighty (180) days if not implemented.

(j)

Revocation of reasonable accommodation.

(1)

Any reasonable accommodation received shall be deemed revoked if the applicant or the property upon which the accommodation is granted is found in violation of any provision of the approval granting the reasonable accommodation by a court of law or by the special magistrate hearing code enforcement cases.

(2)

Failure to obtain state certification or a required state license, or failure to maintain state certification or a required state license or alternate certification permitted by this section, shall result in revocation of the reasonable accommodation and cessation of operations within sixty (60) days of termination of the license or certification.

(k)

Annual certification. All reasonable accommodation requests approved by the city shall be valid for no more than one (1) year and shall require annual recertification each year on or before February 1. Recertification requests must be filed at least ninety (90) days before the conclusion of the end of the one-year period of effectiveness of the reasonable accommodation approval. The failure of the applicant to timely apply for annual recertification, or the denial of an annual recertification application, shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same submittal, review and procedural requirements as set forth above for new applications. If a reasonable accommodation is for a property which is required to be licensed or certified pursuant to this section or applicable state or federal law, then to be recertified an applicant must provide proof of active licensure or certification consistent with the requirements of section 13-41(g)(1)i.

(l)

Revisions. Any changes to the use or property desired by the applicant or identified by the city, state, or any certifying or licensing entity after approval or during the recertification process which require an additional reasonable accommodation or amendment to the original reasonable accommodation approval shall be processed as an amendment to the original approval and such amendment application shall follow the same application and review process set forth herein for an original reasonable accommodation request.

(m)

Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Section 13-41, "Requests for Accommodation", is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Section 13-41, "Requests for Accommodation".

(Ord. No. 2015-26, § 1, 7-23-15; Ord. No. 2020-013, § 2, 8-27-20)

(a)

Purposes and methods. The purpose of this section is to establish uniform procedures for processing land transactions in which the city is vested with or divested of legal interests in real property. Subject to certain exceptions set forth herein, all land transactions to which the city is a party and that involve fee simple title to real property must be approved by the city commission in the form of an ordinance, and all non-fee simple possessory interests must be approved by the city commission in the form of a resolution. All legal interests in real property acquired or conveyed by the city approved by such ordinances and resolutions, must be recorded in the official records books of Broward County, Florida.

(b)

Real property transactions involving city's fee simple title. All land transactions in which the city acquires or conveys fee simple title to real property must be approved by ordinance, after recommendation by the city manager, unless otherwise provided in this section.

(1)

Exceptions. This subsection (b) does not apply to the city's acquisition of real property interests pursuant to:

a.

Dedications made as part of a plat, plat amendment, or replat, that are processed pursuant to division 2, "Subdivision Plat Requirements," within chapter 13, "Land Development Code," hereof, that create or vacate streets, alleyways, roads, or public rights-of-way;

b.

Liens imposed by the city upon real property; and

c.

Dedications or gifts of real property to the city, pursuant to F.S. §§ 95.36 or 95.361, as amended from time to time.

(2)

Acquisition of real property. The city commission may, upon completion and review of a property transaction site assessment pursuant to subsection (5), "Property transaction site assessments," unless such site assessment is waived in writing by the city manager or his/her designee, acquire fee simple title to real property by:

a.

Purchase. Acquisitions by purchase must comply with F.S. § 166.045, as amended from time to time.

b.

Dedication. The city commission may approve acceptance of a dedication of fee simple title to land given to the city by way of a written developer's agreement or such other written instrument as the city attorney deems legally sufficient for such purpose. Prior to entering into, amending, or revoking any such agreement, the City must provide notice and public hearings consistent with the requirements contained within F.S. § 163.3225, as amended.

c.

Condemnation. The city may acquire fee simple title to all real property through condemnation.

d.

Eminent domain. The city may acquire fee simple title by resolution pursuant F.S. § 166.401, as amended from time to time.

e.

Property exchange. The city may acquire fee simple title pursuant to subsection (4), "Exchange of interests in real property," below.

(3)

Conveyance/divestment of real property. The city commission may sell land the city holds fee simple title to pursuant to the following procedures:

a.

Appraisal; highest and best offer obtainable. The city commission must obtain at least one (1) appraisal by a state certified appraiser, for each parcel for sale that is valued at not more than five hundred thousand dollars ($500,000.00). For each parcel offered for sale in an amount in excess of five hundred thousand dollars ($500,000.00), the city commission must obtain at least two (2) appraisals by state certified appraisers. If the agreed purchase price is less than the average appraised price of the two (2) appraisals, the city commission is required to approve the sale by an extraordinary vote. The city commission may, by ordinary vote, exempt a sale in an amount of one hundred thousand dollars ($100,000.00) or less from the requirement for an appraisal.

b.

Properties offered for sale to adjacent property owners. Notwithstanding the above, if it is determined by the city manager or his/her designee that a parcel of land intended to be offered for sale by the city commission is of use only to one (1) or more adjacent properties, the city commission may authorize the city manager to offer to sell the parcel to the owner(s) of all adjacent property by approving a motion authorizing such action. For the purpose of this subsection, the term "adjacent property" means property that abuts the parcel being offered for sale by the city. Prior to accepting an offer to sell the subject parcel, the city manager, or his/her designee, must send a notice of intention to sell the parcel, including any applicable procedures for submission of an offer to purchase, to all adjacent property owner(s) by certified mail and must publish on the city website a notice of the city's intent to sell the parcel. No less than fourteen (14) days after publication of said notice on the city's website, the city commission may: 1) approve by ordinance a contract to sell the parcel to an owner of an adjacent property, if there is only a single interested adjacent property owner, 2) accept sealed bids and sell the parcel to the highest and best bidder, if there are two (2) or more interested owners of adjacent property, or 3) reject all offers.

(4)

Exchange of interests in real property. The city commission may exchange lands owned by the city for other land(s), or interests/rights in lands, within the city or adjacent to the municipal boundaries of the city owned by any person. The city commission will fix the terms and conditions of any such exchange and may pay or receive any sum of money that the city commission considers necessary to equalize the values of the exchanged land(s), or interests/rights in lands.

(5)

Property transaction site assessments.

a.

Requirement. Consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), and 40 CFR Part 312, "Innocent Landowners, Standards for Conducting all Appropriate Inquiries and Practices for All Appropriate Inquiries," effective November 1, 2006, as amended, a property transaction site assessment (PTSA) will be submitted to the city engineer for review and approval as required by this section prior to purchase or acceptance of fee simple title to land or the dedication of land by plat to the city for recreational use, right-of-way, or other purposes unless waived by the city engineer. The PTSA will require up to three (3) phases of work, as determined by the city engineer, based on the condition of the property and current and past history of contamination at the site. The PTSA will be performed by an independent licensed professional in the state and approved by the city engineer. The level of effort involved in each of these three (3) phases will consist of but will not be limited to the following: a phase I assessment, a phase II assessment or a phase III assessment as provided in the following sections.

b.

Definitions. The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Disposal or spill site means any structure, well, pit, pond, lagoon, impoundment, ditch landfill or other place or area, excluding ambient air or surface water, where uncontrolled oil or hazardous material has come to be located as a result of any spilling, leaking, pouring, abandoning, emitting, emptying, discharging, injecting, escaping, leaching, dumping, discarding or otherwise disposing of such oil or hazardous materials.

Hazardous substances means any substance which is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

Remedial response action means the cleanup or removal of released oil or hazardous materials from the environment, such actions as may be necessarily taken in the event of the threat of release of oil or hazardous materials into the environment, the disposal of removed oil or hazardous material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health, safety, welfare or the environment, which may result from a release or threat of release.

c.

Phase I assessment. The phase I assessment is a preliminary environmental survey and is mandatory for all land dedicated to the city. It must be conducted in accordance with ASTM E1527 standards, as amended, applicable at the time of assessment. This phase consists of, but not be limited to, the following:

1.

Site visit to inspect the general condition of the property and surrounding areas to make a preliminary hazardous materials assessment.

2.

A review of appropriate files to investigate past or current activities at the site and surrounding properties with respect to wastewater discharge, site drainage, air emissions, and toxic substance and hazardous material handling and storage, hazardous waste treatment, disposal and spill incidents. Information sources consist of, but are not limited to, the following:

i.

A title search.

ii.

Property records.

iii.

Regulatory permits and environmental agency files.

iv.

Other records including environmental agency records for operations on surrounding properties if necessary.

3.

Interviews of representatives of the past and present owners and operators.

4.

A review of available current and historic aerial photographs of the site and surrounding properties to identify past activities in the area and associated significant topographic changes.

5.

If necessary, inspection of the site and surrounding properties, including the interiors of any onsite buildings to determine the general condition of the property and surrounding area and identify evidence of contaminant releases to the property's soil, surface water, and ground water from spills, dumping, or burial of hazardous materials or wastes.

6.

A written report that summarizes the observations and findings made and a recommendation for any additional investigation, including site sampling and analysis (phase II), needed to fully describe site conditions.

7.

After reviewing the phase I report and any other information currently available, the city engineer will determine that:

i.

The property is not a disposal or spill site, and, therefore, is suitable for acceptance by the city commission;

ii.

The property is a disposal or spill site which has been remediated and no further remedial response action is necessary, and, therefore, is suitable for acceptance by the city commission;

iii.

The property is a disposal or spill site and further remedial response action is necessary, and, therefore, is not recommended for acceptance by the city commission; or

iv.

It is unclear whether the property is a disposal or spill site, and, therefore, a phase II investigation is required before the suitability of the property for acceptance by the city commission can be determined.

d.

Phase II assessment. The phase II assessment is a thorough, qualitative review of the site, based on field observations and soil and water sampling. This phase may be required, as determined by the city engineer, after review of the phase I assessment. The purpose of a phase II environmental site assessment report is to evaluate the presence, or absence of, petroleum products or hazardous substances in the subsurface of the site. A trained, licensed, experienced staff of geologists and engineers that possess expertise in phase II environmental project design performs these assessments and such assessments must be performed consistent with the ASTM E1903, Standard Guide, as amended. This phase consists of, but is not limited to the following:

1.

Preparation of and submittal for approval by the city engineer of a sampling plan based on the findings of the phase I report prior to proceeding with the phase II study.

2.

Sampling of air, soil, surface water, and/or ground water for appropriate chemical characterization in accordance with the approved phase II sampling plan and quality assurance project plan.

3.

Analysis of air, soil, surface water, and/or ground water samples by a laboratory approved by the Florida Department of Environmental Protection (FDEP).

4.

A written report that consists of, but is not limited to, the following:

i.

Descriptions of all sampling procedures.

ii.

Testing protocols.

iii.

Analytical results identifying contamination including delineation.

iv.

Conclusions and recommendations.

v.

Scope of remedial actions, if significant environmental contamination is identified at the site.

5.

After reviewing the phase II report and any other information currently available, the city engineer will determine that:

i.

The property is not a disposal or spill site, and, therefore, is suitable for acceptance by the city commission;

ii.

The property is a disposal or spill site which has been remediated and no further remedial response action is necessary, and, therefore, is suitable for acceptance by the city commission; or

iii.

The property is a disposal or spill site and further remedial response action is necessary, and, therefore, is not recommended for acceptance by the city commission.

e.

Phase III assessment. A phase III site assessment is called for only when contamination has been identified. A phase III assessment determines the extent of the contamination, both horizontally and vertically, and forms the basis for preparing a remediation plan, and estimation of the cost for remediation if the city commission wishes to consider or proceed with the land purchase after phase II contaminants findings.

(c)

Other real property transactions (platted right-of-way interests; easements/buffers). When the city commission accepts or disposes of its legal interest in land that amounts to less than fee simple title, it may do so by resolution unless otherwise required herein.

(1)

Plat exception. Dedications made as part of a plat, plat amendment, or replat, that are processed pursuant to division 2, "Subdivision Plat Requirements," within chapter 13, "Land Development Code," hereof that create streets, alleyways, roads, or public rights-of-way are not subject to a concurrent application pursuant to this section.

(2)

Easements/buffers. An application to dedicate or vacate an easement or buffer in favor of the city must be submitted by the owner of the property then subject to the easement or buffer, or owner of the property proposed to be dedicated, or their designated agent, or may be initiated by the city. Upon receipt of an application, together with payment of the application fees established by the city, the department of utilities and engineering or sustainable development, as determined by the nature of the application, must review same for completeness as provided in section 13-26, "Application review procedures." Once deemed complete, the designated city department will forward said application for action as follows:

a.

For only those applications involving the vacation of easements or buffers, the designated city department will forward copies of the application and supporting materials to the department of sustainable development which will forward such materials and applicable reports to the members of the DRC for review and comment. Upon completion of DRC review, the department of sustainable development will prepare a report and recommendation for consideration by the city commission.

b.

For all other applications, the designated city department will forward the application to the city commission.

c.

Upon receipt of the application, the city commission will schedule and conduct a public hearing, and will either approve, approve with modifications, or deny the application in accordance with the best interests of the public welfare.

(3)

Vacation of platted public right-of-way. The city commission may vacate platted public rights-of-way by approving a resolution authorizing such vacation.

a.

Hearing; review by development review committee (DRC); action by planning and zoning board and city commission. Once the application is deemed complete, the application will proceed as follows:

1.

The application and supporting materials will be forwarded to members of the DRC for review and comment and shall be processed as provided here and in section 13-26, "Application review procedures," and section 13-27, "Application notices."

2.

After any DRC comments have been addressed, the planning and zoning board will hold a public hearing and will evaluate the request based on the criteria herein and will make appropriate recommendations regarding access, public interest, and general obligations or release of such obligations to the city commission.

3.

The city commission will consider the reports and recommendations pursuant to this section, and after a quasi-judicial public hearing, either approve, approve with modifications, or deny the application.

b.

Criteria. The planning and zoning board and city commission will evaluate the vacation request from the standpoint of the need of the community as a whole, and must consider:

1.

Access and whether the vacation will affect the ownership or right of convenient access of persons owning other properties in the subdivision or community, including, but not limited to, traffic circulation, delivery of emergency and municipal services, and pedestrian and bicycle safety;

2.

Public interest and general public benefits of the right-of-way as part of the city's roadway system now or in the future; and

3.

General reasons and benefits presented by the applicant, including cost-savings to the city, if any, as a result of the vacation and any mitigation plan proposed by the applicant to offset any potential impacts.

c.

Review. Once the application is deemed complete, the application will proceed as follows:

1.

The application and supporting materials will be forwarded to members of the DRC for review and comment.

2.

After any DRC comments have been addressed, the planning and zoning board will hold a public hearing and will evaluate the request based on the criteria herein and will make appropriate recommendations regarding access, public interest, and general obligations or release of such obligations to the city commission.

3.

The city commission will consider the reports and recommendations pursuant to this section, and after a quasi-judicial public hearing, either approve, approve with modifications, or deny the application.

d.

Criteria. The planning and zoning board and city commission will evaluate the vacation request from the standpoint of the need of the community as a whole, and must consider:

1.

Access and whether the vacation will affect the ownership or right of convenient access of persons owning other properties in the subdivision or community, including, but not limited to, traffic circulation, delivery of emergency and municipal services, and pedestrian and bicycle safety;

2.

Public interest and general public benefits of the right-of-way as part of the City's roadway system now or in the future; and

3.

General reasons and benefits presented by the applicant, including cost-savings to the city, if any, as a result of the vacation and any mitigation plan proposed by the applicant to offset any potential impacts.

(4)

Leases.

a.

Leases of any lands owned by the city for an initial term of ten (10) years or more must be authorized or approved by ordinance.

b.

Leases or other grants of interest in any lands owned by the city for an initial term of less than ten (10) years must be authorized or approved by resolution.

(d)

Recording and notice by city clerk. Upon city commission approval of an action taken pursuant to this section, the city clerk will record the resolution or ordinance, as applicable, along with the documents relating to the city's legal interest in real property in the official public records books of Broward County, Florida, and forward a copy of such recording to the designated city department, if applicable.

(Ord. No. 2021-007, § 3, 3-11-21; Ord. No. 2024-012, § 2, 4-11-24)

(a)

The fee schedules set out in this division shall apply to all applications, petitions and other requests for development approval including, but not limited to, land use, subdivision, zoning and planned unit development and building permits under this chapter. All fees shall be paid to the city and shall be nonrefundable.

(b)

The director of sustainable development reserves the right to assess any applicant additional expenses reasonably incurred for the cost of processing and/or reviewing of plans submitted by the applicant. For example, consultant costs may include but are not limited to traffic review, green building design, housing studies, and undergrounding utilities. An applicant may appeal pursuant to the procedures set forth in section 13-34 if they feel the expenses are unreasonable.

(c)

All applicable fees shall be paid concurrently with the submission of an application for approval, except as specified in sections 13-82 through 13-130 for a building permit and inspection fees and other fees as noted.

(d)

The fee schedule shall be reviewed yearly to determine if the rates warrant increases or decreases based on but not limited to, economic conditions and costs of processing and approving development permits.

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 112-94, § 1, 3-24c.-94; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2000-46, § 1, 12-28-00; Ord. No. 2009-015, § 1, 9-10-09; Ord. No. 2015-053, § 4, 10-8-15)

The fees for development and/or subdivision approval are exclusive of any requirements for performance and maintenance guarantees, bonds, provisions of a developer agreement, building, engineering and inspection fees and other permits. Lands offered for public dedication, excluding rights-of-way, are excluded from fee computations. No fees shall be charged for development applications associated with public land plats submitted by any governmental unit. Development application fees are as follows:

(1)

Land use/comprehensive plan amendments.

a.

Local or county, for the first 10 acres (minimum fee), plus $50.00 per acre over 10 acres: $5,000.00

b.

Flexibility allocation requiring recertification (concurrent with rezoning), for the first 10 acres (minimum fee), plus $50.00 per acre over 10 acres: $2,000.00

c.

Comprehensive plan amendment, land development regulation changes, flat rate: $4,000.00

d.

Concurrency developer agreements, local action plans, flat rate: $1,000.00

(2)

Development of regional impact.

a.

Processing including development orders. The director of sustainable development shall determine any additional expenses reasonably incurred for the cost of processing the application for development approval, sufficiency, response and development order, (minimum fee) per application: $7,500.00

b.

Development of regional impact modification:

1.

Substantial (minimum fee): $4,500.00

2.

Not substantial (minimum fee): $3,500.00

3.

Extension and/or rescission (minimum fee): $2,000.00

(3)

Rezoning.

a.

Minimum fee: $1,500.00

b.

Planned Unit Development (PUD) and Planned Commerce Development (PCD) (minimum fee): $3,000.00

c.

Planned MainStreet Development District (PMDD) rezoning (minimum fee): $5,000.00

d.

All rezoning applications, add $100.00 per acre for each acre over 10 acres.

e.

Rezoning application utilizing flex or reserve units, add $1,500.00.

(4)

Vacation of rights-of-way/release of easements.

a.

Conveyance/vacation/abandonment of streets, alleyways, roads, or public rights-of-way (per each): $2,000.00

b.

Release of easement (per each easement): $1,000.00

(5)

Plats.

a.

Minimum fee: $1,500.00

b.

All new plat applications, add $100.00 per acre for each area over 10 acres.

c.

Plats with residential use, add $10.00 per residential unit.

d.

Plats with non-residential use, add $10.00 per 1,000 square feet of development.

e.

Re-plat (minimum fee): $1,000.00

(6)

Special land use.

Minimum fee (per application): $2,000.00

(7)

Site plans (fees include preliminary engineering fees).

a.

Minimum fee: $2,000.00

b.

Planned unit development (PUD) and planned commerce development (PCD) site plan (minimum fee): $2,000.00

c.

Planned mainstreet development district (PMDD) site plan (minimum fee): $3,000.00

d.

All site plan applications, add $100.00 per acre for each area over 10 acres.

e.

Site plan modifications requiring administrative approval: $1,000.00

f.

Site plan modifications (non-administrative) same as original fee.

g.

Site plan approval 12-month extension: $1,000.00

(8)

Final engineering design review fee (after site plan approval):

a.

Residential, minimum fee for the first 20 acres, plus $20.00 for each acre over 20 acres: $875.00

b.

Nonresidential, minimum fee for the first 20 acres, plus $25.00 for each acre over 20 acres: $875.00

c.

Revisions:

Minor engineering plan revision review after final engineering plan approval and during construction progress: $250.00

(9)

Variances.

a.

Residential uses, per variance: $250.00

b.

Nonresidential uses, per variance: $1,000.00

c.

An after the fact variance (filed after construction has commenced or completed) add $500.00.

(10)

Appeals. Appeals shall be heard pursuant to the procedure set forth in section 13-34. The director of sustainable development or designee will determine the mailing cost and additional expenses reasonably incurred for the cost of processing the appeal and assess the applicant for such costs in addition to the processing fees set forth below.

a.

Residential uses, per appeal: $500.00

b.

Nonresidential uses, per appeal: $1,000.00

(11)

Sign review applications (separate from site plan and not subject to individual sign changes).

a.

A master/uniform sign plan application requiring planning and zoning board approval: $500.00

b.

A master/uniform sign plan requiring administrative review: $300.00

(12)

Community development districts.

a.

Request for special district designation, per acre for the first 20 acres, plus $50.00 per acre over 20 acres: $200.00

Minimum fee: $2,000.00

b.

Approval for special district designation: $10,000.00

(13)

Environmental mitigation plans. Review fee does not include tree removal, relocation, replacement, mitigation and/or permit fees.

a.

Removal of environmental lands within city (greater than four (4) trees):

1.

Owner/occupied single-family lands, per acre, or portion thereof: $1,500.00

2.

Development areas, per acre or portion thereof:

a.

Up to five (5) acres, per acre: $5,000.00

b.

From five (5) acres to ten (10) acres, per acre: $6,000.00

c.

Ten (10) acres to twenty (20) acres, per acre: $7,000.00

d.

Above twenty (20) acres, per acre: $10,000.00

b.

Mitigation for environmental lands removed within Coconut Creek:

1.

On city property, per acre or portion thereof: $7,500.00

Minimum fee: $10,000.00

2.

On private property, per acre or portion thereof:

Per acre: $1,000.00

Minimum fee: $5,000.00

c.

Mitigation for environmental lands removed from areas other than Coconut Creek:

1.

On city property, per acre or portion thereof:

Per acre: $15,000.00

Minimum fee: $30,000.00

2.

On private property, per acre or portion thereof:

Per acre: $15,000.00

Minimum fee: $30,000.00

d.

Long term maintenance (past three (3) years) for mitigation on city property: (This section is in addition to all other aforementioned fees.)

1.

Per acre, or portion thereof, of mitigation: $10,000.00

(Long term maintenance fees shall not be assessed for mitigation on private property; or for applicant perpetual long term maintenance on city property.)

(14)

Court reporting costs. All applications requiring planning and zoning board and/or city commission review, per meeting: $100.00

(15)

Continuance of DRC review.

a.

Any DRC application continued for more than five (5) DRC reviews shall be considered an extended DRC review process and will be assessed an additional review fee as determined by the director of sustainable development. Additional review fee shall be based on number of disciplines reviewing the application and shall not exceed the original application cost.

b.

Any DRC application inactive for more than six (6) months will be considered "null and void" and any application submitted will be treated as "new" with applicable fees.

c.

Final site plan revisions to be completed within seven (7) days of city commission approval. Failure to complete will result in a delinquent fee, per week, per item of (unless otherwise stipulated by staff): $100.00

(16)

Continuance/deferral of planning and zoning board agenda items.

a.

At applicant's request, between publication of agenda and planning and zoning board meeting: $250.00

(17)

Advertising, mailing and research expenses. The director of sustainable development will determine the necessary advertising, mailing and research costs (including administration) reasonably incurred during the processing of development applications as noted in this section. The costs are attributable to the requirements of local, county and state law. These costs are separate from the review and processing fees noted in this section. The applicant shall be assessed such cost at a rate of 1.15 multiplied by the actual cost of advertising, mailing and/or research. Applicant shall pay such fees upon receipt of approved plans and approved documents.

(18)

Addressing. All new developments approved by the planning and zoning board or projects requesting a new address.

a.

Residential developments:

1 unit to 99 units: $150.00

100 units to 249 units: $200.00

250 units or more: $300.00

b.

Nonresidential developments:

Single tenant: $100.00

Multiple tenant: $400.00

(19)

Agreements and/or acceptance of right-of-ways, easements, reservations, etc. requiring city commission review and action that are not subject to regular planning and zoning board submittal costs.

Each action: $500.00

Water and wastewater agreements for corporations: $500.00

Failure to complete items within six (6) months of submissions will result in repayment of fee.

(20)

Zoning letters.

a.

Confirmation of zoning map category/land use designation: $100.00

b.

Evaluation of zoning standards or determination of proposed uses: $300.00

(21)

Processing/review of delegation requests: $250.00

(Ord. No. 159-87, § 109.01, 6-11-87; Ord. No. 162-89, §§ 1, 2, 10-26-89; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 112-94, § 1, 3-24-94; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 102-96, § 1, 1-25-96; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 162-97, § 1, 10-23-97; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 129-99, § 1, 8-26-99; Ord. No. 2000-46, § 2, 12-28-00; Ord. No. 2003-014, § 1, 9-11-03; Ord. No. 2005-039, § 1, 11-10-05; Ord. No. 2009-015, § 2, 9-10-09; Ord. No. 2010-029, § 1, 1-13-11; Ord. No. 2015-053, § 5, 10-8-15; Ord. No. 2017-008, § 2, 1-11-18; Ord. No. 2024-012, § 2, 4-11-24)

Zoning and use certificate fees shall be as follows:

(1)

Zoning and use certificates (additional or change of existing use; nonresidential).

a.

Total initial inspection fee (includes all trades): $150.00

b.

Reinspection fee, per trade: $40.00

c.

Zoning certificate fee: $35.00

d.

Business name or address change only: $25.00

e.

Temporary sales offices licenses fee: $150.00

(2)

Temporary outdoor sales, promotional activity, fairs, etc. permits.

a.

Processing: $50.00

b.

Clean-up, deposit, if applicable (refundable): $250.00

(3)

Vacation rental registration fee:

a.

Application and registration fee: $250.00

b.

Re-inspection fee, per trade: $40.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2009-015, § 3, 9-10-09; Ord. No. 2021-004, § 2, 1-28-21)

(1)

Miscellaneous service charges:

a.

Copying and reproduction charges as provided in section 2-468, "Copying and reproduction charges."

b.

For any inspections requested to be performed before 7:00 a.m. and after 6:00 p.m. Monday through Thursday, or any hour during a holiday, a special overtime fee will be charged for each inspection and added to the permit fee. Inspection fees shall be prepaid.

Charge per hour or fraction thereof: $100.00

Minimum three hours: $300.00

c.

Notary fee, per permit application: $2.00

d.

Forty-year old building safety inspection report: $150.00

ALL PERMITS

Plan review fees, and other service charges (nonrefundable) shall be as follows:

(2)

Application fee: will be credited towards permit fee (non-refundable).

a.

Residential: Single family or duplex, townhomes (per unit): $200.00

b.

New commercial: Up to 2,500 sq. ft.: $200.00

Each additional 1,000 sq. ft. or fraction thereof: $100.00

c.

Commercial alterations, buildouts, renovations: $100.00

d.

All other applications: $30.00

e.

Maximum fee: $10,000.00

(3)

Review fee schedule:

a.

Plan re-review for corrections after the 2nd review, etc., per discipline: $200.00

b.

Pre-plan review by building official approval only: $500.00

Fee exemptions may be made by approval only in accordance with Section 13-83(4)j. Fee shall be paid prior to next submittal)

c.

Fees for meetings with architects/engineers/or duly authorized agents and plan reviewers shall be charged at the rate of $100.00 per hour or fraction thereof.

d.

Early start administrative fee: $200.00

(4)

Temporary certificate of occupancy: $500.00

a.

Temporary certificate of occupancy - extension: $500.00

(5)

Miscellaneous fees (all categories):

a.

Special inspectors fee (board of rules and appeals) per $1,000.00 of estimated construction cost for each required permit (permits where fees are waived, are not exempt from this fee): $0.52, minimum $2.00

b.

Building code administrators and inspectors fund—surcharge to be assessed pursuant to F.S. § 125.56(4) or F.S> § 166.201 at the rate of 1.0 percent of all permit fees associated with enforcement of the Florida Building Code.

The minimum fee collected on any permit will be: $2.00

c.

Building code administrators and inspectors fund—surcharge to be assessed pursuant to F.S. § 125.56(4) or F.S. § 166.201 at the rate of 1.5 percent of all permit fees associated with enforcement of the Florida Building Code for Department of Business and Professional Regulation

The minimum fee collected on any permit will be: $2.00

d.

Training and continuing education fees, $0.02 per $100.00 of total construction cost.

All fees paid shall be reserved for training and continuing education for employees in the department of sustainable development, which will include any materials, equipment, training, costs paid for recertification, including code books, manuals, conferences, seminars and all related expenses).

e.

Mechanics lien law. A $3.00 fee shall be charged for each permit issued in order to process a mechanic's lien law statement required by the F.S., Chapter 713. This applies to all permits when the estimated value exceeds $2,500.00.

f.

Reinspection fees:

1.

1st occurrence: $50.00

2.

2nd occurrence: $100.00

3.

3rd occurrence: $150.00

Reinspection fees shall be paid prior to further inspections being done.

g.

Expired permits:

1.

Per FBC 105.3.2.2 - "If the work covered by the permit has not commenced, or has commenced and been suspended or abandoned, the Building Official may for good cause, extend such permit for no more than two (2) periods of ninety (90) days, not to exceed 1 year, from the date of expiration of the initial permit, if an extension is requested.": $100.00*

2.

Per FBC - 105.3.2.4 "If work has commenced and the permit is revoked, becomes null and void or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work." Fees charged shall be one half of the original permit fee or minimum fee, whichever is greater. Minimum: $100.00*

3.

Per FBC 5 105.3.2.5 - "If a new building permit is not obtained within one hundred eighty (180) days from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site; or alternately, he or she may issue a new permit, on application, providing the work in place and the required work to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of a new permit."

Payment shall be 100 percent of the original permit fees.

4.

FBC 105.3.1.1 - "Not more than sixty (60) calendar days after the date of such notification, where such additional information has not been submitted or the permit has not been purchased, the application and/or the permit shall become null and void. If the 60 ^th day falls on a Saturday, or Sunday or a National Holiday the next business day shall be used for the 60 ^th day. The Building Official may extend such permit application to be corrected or purchased for a single period of sixty (60) days after the initial expiration date if the request is in writing, for a good reason and is submitted prior to the initial expiration date."

* Pursuant to Chapter 2009-96, Laws of Florida, a 24-month extension may be requested under this category for eligible projects.

h.

Violation fees:

1.

Failure by the licensed contractor of record to request final inspections when all work is completed will be subject to a fee of $25.00. This fee must be paid prior to the issuance of future permits.

2.

Any work which required a permit(s) and commences without such permit(s) may be subject to a double permit fee and/or $150.00 whichever is greater.

3.

Energizing a system or any portion thereof without the permission of the authority having jurisdiction shall be subject to a fine of five hundred dollars ($500.00) and service disconnected (Florida Building Code Chapter 27).

i.

Replacement of plans (required plan review fee):

1.

Per hour or fraction thereof per trade: $75.00

j.

Permit card replacement: $25.00

k.

Deferred submittals/change of plans (after permits are issued) per hour or fraction thereof per discipline: $75.00

1.

If additional items are added (plus each item added): $50.00

2.

If proposed change represents a major alteration of floor plan and/or configuration of the structure, involving extensive reexamination or computation, the original permit shall be voided and a new permit applied for. One-half of the original permit fee may be applied to the new permit.

l.

Change of contractor (includes notification of concerned parties): $75.00

m.

Reserved.

n.

Exemptions:

1.

After recommendation from the building official and/or the director of sustainable development for building, planning fees and engineering fees, the city commission may grant an exemption from the strict requirements of the fees contained herein, based only upon emergency, special or unusual conditions that adversely impact the public health, safety and welfare of the city. (Fees over $1,000.00)

2.

Miscellaneous permits for various activities. (May include zoning, engineering and building permits.) Permit fees not exceeding $100.00 may be waived by the city manager for local organizations provided that the event benefits the City of Coconut Creek residents. The city manager is authorized to waive fees (for nonprofit 501c3 corporations) up to $500.00 provided that a written report summarizing the waiver be sent to the city commission within three (3) days. The city manager may waive fees (for nonprofit 501c3 corporations) up to $1,000.00 provided that a written report summarizing the proposed waiver is submitted to the city commission for comment. The city commission shall have five (5) days to advise the city manager in writing of any objections to the waiver of more than $500.00 and up to $1,000.00. If one or more of the city commissioner's objects to the waiver, the waiver application shall be scheduled for commission action at the next regular or special meeting.

* It shall be the policy of the city to allow one-hundred-percent waivers of permit and application fees only for fully sponsored city activities.

* The city may allow up to a seventy-five-percent waiver of permit and application fees for nonprofit 501c3 corporations (from within city boundaries). This exemption is limited to one each year per organization.

* The city may allow up to a twenty-five-percent waiver of permit and application fees for nonprofit 501c3 corporations that are not based within the city limits. This exemption is limited to one (1) each year per organization.

3.

City of Coconut Creek building permit fees shall be waived for all work performed on city owned property. A permit must still be applied for by the contractor prior to any work being started. All other permits and licenses required by federal, state and county shall be applied for and paid by the contractor as necessary. It shall be the responsibility of the contractor to pay all fees.

4.

Permit fees for outdoor sales and activities are waived for those organizations approved by separate resolution by the Coconut Creek City Commission as may be amended from time to time.

o.

Green permitting - When submitted as a separate permit, incorporating green building techniques, permit fees shall be based on the following discounted schedule:

1.

Solar systems (fee includes all necessary applications): $200.00

2.

Photovoltaic (fee includes all necessary applications): $200.00

Any technology that uses verifiable, sustainable practices, which shall be determined by the building official, will be eligible for a ten (10) percent discount of permit fees and an expedited plan review.

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 122-91, § 1, 5-9-91; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 112-94, § 1, 3-24-94; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 102-96, § 1, 1-25-96; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2001-042, § 4, 2-28-02; Ord. No. 2002-034, § 1, 11-14-02; Ord. No. 2003-014, § 2, 9-11-03; Ord. No. 2004-029, § 1, 8-26-04; Ord. No. 2006-042, § 1, 12-19-06; Ord. No. 2009-015, § 3, 9-10-09; Ord. No. 2010-029, § 2, 1-13-11; Ord. No. 2012-014, § 1, 7-26-12; Ord. No. 2012-027, § 1, 10-25-12; Ord. No. 2017-023, § 2, 7-27-17; Ord. No. 2020-021, § 2, 12-3-20; Ord. No. 2021-004, § 2, 1-28-21; Ord. No. 2024-012, § 2, 4-11-24)

Fees are non-refundable and may not be applied to any permit application other than the one for which it was originally paid and shall be assessed as follows:

(1)

Minimum fee for all permits, except as otherwise noted: $75.00

(2)

Permits for new residential construction and additions shall be charged at the rate of 2.0 percent of the total construction cost.

(3)

Permits for new commercial construction and additions shall be charged at the rate of 2.5 percent of the total construction cost.

(4)

Permits for commercial renovations, alterations, build outs, repairs and tenant improvements shall be charged at the rate of 4.5 percent of the total cost of construction or a minimum fee of $300.00, whichever is greater.

Note: The total cost of construction may be a figure provided by the permit holder, or an estimated figure using the latest edition of the Building Construction Cost Data, Division 17: Square Foot Cost (using median unit cost and City Cost Index), published by R. S. Means. A copy of the contract may be required by the building official at the time a building permit application is submitted to correspond with the valuation indicated on the application.

(5)

Permits for residential renovations, alterations, remodels and repairs shall be charged at the rate of 4.0 percent of the total cost of construction or a minimum fee of $300.00, whichever is greater.

(6)

Unusual construction: structures, features or work of unusual size or nature, which shall be determined by the building official, shall have fees based on one-half of one (1) percent of the total construction cost. If these fees are insufficient to cover actual service costs the building official shall determine the permit fees based on rational prescriptive analysis.

(7)

Concrete slabs, decks, sidewalks, patios, driveways and docks: $200.00

(8)

Roofing:

1.

Minimum first 3000 square feet: $225.00

2.

Over 3000 sq. ft. plus: $0.20 per sq. ft.

3.

A/C stands, per stand: $10.00

(9)

Screen enclosures (with slab, minimum $200.00): Charged at the rate of 2.5 percent of the total construction cost

(10)

Awnings, shutters/panels, windows, door, per opening: $10.00

(11)

Fences: per lineal foot: $0.75

(12)

Walls: per lineal foot: $2.00

(13)

Swimming pools/spas: includes structural, electrical and plumbing: $700.00

(14)

Sheds and carports: $100.00

(15)

Demolition: $100.00

(16)

Sealcoating - shall be charged at the rate of 2.5 percent of the total cost of construction.

(17)

Landscaping:

a.

Minimum fee: $40.00

b.

Plan review, minimum: $40.00

c.

Each required tree (new or transplant): $10.00

d.

Required hedges, per 100 lineal feet or fraction thereof: $16.00

e.

Required shrubs, each: $0.50

f.

Required ground cover per 1,000 sq. ft. or fraction thereof up to 30,000 sq. ft.: $10.00

Each 1,000 sq. ft. thereafter: $5.50

g.

Tree preservation—Tree removal or relocation.

1.

Base fee (includes plan review).

i.

No fee will be required for tree removal from an existing single family home

ii.

All other properties (except single family home): $40.00

2.

Per tree to be relocated: $10.00

3.

Per replacement tree (based on tree removal requirement): $12.00

4.

Per tree to be removed: $10.00

5.

Per tree removed and not replaced. Per subsection 13-448 "Preservation and protection of trees and tree preservation" (j). Required per tree: $800.00

6.

Change of plans for tree removal (after permit issuance) shall be a minimum fifty dollars ($50.00) plus fees listed above for removal and replacement of additional trees.

h.

Change of landscape plans (after permit): $50.00

i.

Waiver to landscape requirements:

1.

Application: 50.00 plus fees listed above for removal and replacement of additional trees approved under the permit.

2.

Inspection of approved permit: $75.00

j.

Waiver to landscape requirements, if changes made without a permit, where permit was required:

1.

Application: 50.00 plus fees listed above for removal and replacement of additional trees approved under the permit.

2.

Inspection of approved permit: $200.00

k.

Change of contractor: $25.00

l.

Landscape, re-inspections: $40.00

(18)

Mobile homes, construction/sales trailers (includes structural, electrical, plumbing, mechanical): $500.00

(19)

Special events: $200.00

(20)

Signs:

a.

Monument: $250.00

b.

All other signs, per discipline: $100.00

(21)

Fire repair: $100.00

(22)

Kitchen upgrade: $300.00

(23)

Bathroom upgrade: $300.00

(24)

Residential paver patios and/or walkways: $30.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2000-46, § 3, 12-28-00; Ord. No. 2001-042, § 4, 2-28-02; Ord. No. 2002-034, § 2, 11-14-02; Ord. No. 2003-014, § 3, 9-11-03; Ord. No. 2004-029, § 2, 8-26-04; Ord. No. 2006-015, § 1, 4-27-06; Ord. No. 2009-015, § 5, 9-10-09; Ord. No. 2010-029, § 3, 1-13-11; Ord. No. 2012-027, § 2, 10-25-12; Ord. No. 2020-021, § 3, 12-3-20; Ord. No. 2023-002, § 2, 9-14-23)

Fees for electrical permits, not covered under section 13-84, shall be as follows:

(1)

Minimum fee for all permits, except as otherwise noted: $75.00

(2)

Each low voltage system: $100.00

(3)

Demolition: $100.00

(4)

Firealarm: $200.00

(5)

Re-roof A/C disconnects, per disconnect: $20.00

(6)

Site lighting/parking lot lighting, per pole: $50.00

(7)

Premise permit - multifamily - yearly maintenance log and as-builts required: $500.00

(8)

Service change/service repair/new service: $150.00

(9)

30-day temporary electric: $150.00

Renewal if CO is not issued within 30-days (1 time only): $300.00

If CO is not issued within 30 days after renewal-power will be disconnected

(10)

Fire repair: $100.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2000-46, § 4, 12-28-00; Ord. No. 2002-034, § 3, 11-14-02; Ord. No. 2003-014, § 4, 9-11-03; Ord. No. 2004-029, § 3, 8-26-04; Ord. No. 2009-015, § 6, 9-10-09; Ord. No. 2010-029, § 4, 1-13-11)

Fees for plumbing permits, not covered under section 13-84, shall be as follows:

(1)

Minimum fee for all permits except as otherwise noted: $75.00

(2)

Water heater replacement, each: $65.00

Note: tankless water heaters will require a separate electrical permit.

(3)

Irrigation systems per head: $0.75

(4)

LP tanks, shall be charged at the rate of 2.5 percent of the total construction cost.

(5)

Demolition: $100.00

(6)

Fire repair: $100.00

(7)

Sub-meters, each: $10.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2003-014, § 5, 9-11-03; Ord. No. 2004-029, § 4, 8-26-04; Ord. No. 2005-19, § 1, 6-9-05; Ord. No. 2009-015, § 7, 9-10-09; Ord. No. 2010-029, § 5, 1-13-11; Ord. No. 2020-021, § 4, 12-3-20)

Fees for mechanical permits, not covered under section 13-84, shall be as follows:

(1)

Mimimum fee for all permits, except as otherwise noted: $75.00

(2)

Fire suppression system): $300.00

(3)

Re-roof-raise A/C units on to stands, per unit: $10.00

(4)

Replacement of mechanical equipment:

a.

Residential: $115.00

b.

Commercial: $200.00

(5)

Demolition: $100.00

(6)

Fire repair: $100.00

(7)

Commercial hood system: $300.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 128-92, § 1, 10-8-92; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2003-014, § 6, 9-11-03; Ord. No. 2004-29, § 5, 8-26-04; Ord. No. 2009-015, § 8, 9-10-09; Ord. No. 2010-029, § 6, 1-13-11)

All developers shall obtain approval of plans from the city engineer for all proposed engineering work such as drainage, paving and grading, water and wastewater, utilities, roads, sidewalks, seawalls, docks and bridges, prior to submittal of building permits.

A permit shall be required to perform engineering work such as earth work, drainage, paving and grading, water and wastewater, utilities, roads, sidewalks, seawalls, docks, bridges and all other engineering categories listed by the State of Florida and Broward County Licensing Board as requiring an engineering contractor's license. A fee shall be paid based upon the following schedule, prior to issuance. Permits shall become invalid after one hundred eighty (180) days from date of issuance if work has not begun. A renewal fee, as specified below, will be assessed for this and permitted work that has been suspended in excess of ninety (90) days.

Fees for engineering, including any engineering improvements and construction shall be as follows:

(1)

Review fees for building permit applications

a.

Single family homes & multi-family homes per building: $125.00

b.

All other building permit reviews: $75.00

(2)

Engineering permit fees: All estimates for engineering construction improvements to be assessed for fee with rates based on cost engineering plan set prepared by one engineer of record for a single phase of development improvement.

a.

All construction, including clearing and grubbing, and earthwork, including excavation and filling, according to the estimate of the cost of engineering:

1.

Estimate cost the first $900,000.00 and under: 8%

2.

Estimate cost over $900,000.00: 4%

b.

Minor maintenance work, with an engineering cost estimate of $5,000.00 or less, shall have a minimum permit fee of $100.00.

c.

Maintenance work, with an engineering cost estimate over $5,000.00, shall have the permit and inspection fee at 4%.

(3)

Per foot, television lamping inspections of gravity sanitary sewer systems, per foot: $1.20

Minimum: $360.00

(4)

Reinspection fee, per visit

a.

Certificate of occupancy engineering inspection: $40.00

b.

Engineering construction inspection: $60.00

c.

Engineering testing observation: $100.00

(5)

Fee for an inspection cancellation less than 24 hours: $20.00

(6)

Annual renewal fee: 1% of original engineer permit fee or $100.00, whichever is greater.

(7)

F.E.M.A. flood insurance rate map assessment letter: $25.00

(8)

Fire hydrant hydrostatic pressure and flow test: $125.00

(9)

Any work which requires a permit(s) and commences without such permit(s) may be subject to a double permit fee and/or $150.00, whichever is greater.

(10)

Utility easement document, bill of sale review, and recording fee: $250.00

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 142-91, § 1, 10-10-91; Ord. No. 139-93, § 1, 11-9-93; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 147-95, § 1, 10-12-95; Ord. No. 160-96, § 1, 9-26-96; Ord. No. 134-98, § 1, 11-12-98; Ord. No. 2000-46, § 5, 12-28-00; Ord. No. 2001-023, § 2, 6-28-01; Ord. No. 2003-014, § 7, 9-11-03; Ord. No. 2007-05, § 1, 5-10-07; Ord. No. 2010-023, § 1, 10-28-10; Ord. No. 2017-023, § 3, 7-27-17)

In the case of unusual development proposals, the city shall have the right to assess the applicant for additional costs of engaging professional and expert consultants to advise the city in connection with such proposals.

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 139-94, § 1, 9-22-94)

(a)

The fee schedule for general building permits and other related fee charges as provided in this division shall constitute the necessary administrative charges for obtaining building permits and other related approvals. Fees charged shall be those in effect at the time of permit application for building permits and at the time of issuance for occupancy permits.

(b)

The city shall not collect additional money to be remitted to other governmental agencies not expressly designated by the appointed authority for the enforcement of the Florida Building Code.

(Ord. No. 162-89, § 2, 10-26-89; Ord. No. 122-90, § 1, 9-27-90; Ord. No. 139-94, § 1, 9-22-94; Ord. No. 2001-042, § 4, 2-28-02)

(a)

Permits required to install a wireless communications facility, including but not limited to a tower, antenna, or other related wireless communications equipment shall include a city engineering permit and other permits as defined by the Florida Building Code. (Filing fee is separate and referenced in subsection 13-537(h)).

(Ord. No. 108-97, § 2, 2-27-97; Ord. No. 143-97, § 2, 9-11-97; Ord. No. 2001-042, § 4, 2-28-02; Ord. No. 2016-009, § 2, 3-10-16)

Editor's note— Ord. No. 2016-009, § 2, adopted March 10, 2016, changed the title of § 13-91 from "Telecommunications facilities and charges" to read as herein set out.

Cross reference— Telecommunications towers and antennas, § 13-535 et seq.

(a)

The minimum lease amount to be paid to the city shall be five thousand dollars ($5,000.00).

(b)

A separate lease agreement will be established for each site to set forth specific terms and conditions as a result of a city "request for proposals" or other similar municipal procurement method.

(c)

A lease may be established based on the most recent award for like property, to a proposal submitted in response to a "request for proposal" or other similar municipal procurement method, should the city not be in a procurement cycle. The city manager or his designee will establish the most recent like property lease available.

(Ord. No. 108-97, § 2, 2-27-97; Ord. No. 2016-009, § 2, 3-10-16)

Editor's note— Ord. No. 2016-009, § 2, adopted March 10, 2016, changed the title of § 13-92 from "Leasing public property or public easements for telecommunications facilities" to read as herein set out.

Inspection fees for wireless communications facilities and other ancillary equipment are nonrefundable and, shall be paid by the holder of any permit prior to the issuance of any permit and thereafter on an annual basis beginning two (2) years from the date of the final inspection for the construction of the wireless communications facility or other ancillary equipment.

(1)

Inspection fee, annually: $1,000.00

(Ord. No. 143-97, § 1, 9-11-97; Ord. No. 2016-009, § 2, 3-10-16)

Editor's note— Ord. No. 2016-009, § 2, adopted March 10, 2016, changed the title of § 13-93 from "Telecommunications towers and antennas and ancillary equipment installation fees" to read as herein set out.

Cross reference— Telecommunications towers and antennas, § 13-535 et seq.

The city commission has determined that the public health, safety and general welfare requires the implementation of an affordable housing program for the following purposes:

(1)

To implement the goals, policies and objectives of the city's comprehensive plan.

(2)

To provide housing opportunities for workforce and lower income families in order to meet the existing and anticipated housing needs of such persons and to maintain a socio-economic mix in the community.

(3)

To satisfy the community's obligation to provide that a fair share of the community's housing production is affordable to workforce and lower income families.

(4)

To provide for a range of housing opportunities for those who work in the City and who provide the community with essential services but cannot afford to live in the community.

(5)

To provide that developments which create additional affordable housing demand within the city share in the responsibility to provide affordable housing.

(Ord. No. 2006-005, § 2, 3-9-06)

The following definitions shall be incorporated into this ordinance for reference purposes:

Affordable/attainable housing. Housing that is affordable to very low, low, and moderate-income persons by not requiring that more than forty (40) percent of household income be spent on housing costs, as further described by the Nexus Study.

Residential construction. Enclosed building and floor areas used for living and habitation including screened porches, recreation rooms, guest houses, but excluding garages, carports, open balconies, screen pool enclosures, cabanas, attics and storage sheds.

Square footage. Square footage shall be calculated in the same method as defined and utilized within the Florida Building Code for gross floor area.

Non-residential construction. Enclosed building and floor areas used for non-residential purposes, but excluding parking decks or garages, carports or covered parking, attics, external mechanical or storage buildings.

Mixed-use project. Any project that contains a development program of residential and non-residential use within the proposed project boundaries and is submitted as such under a mixed-use zoning classification.

(Ord. No. 2006-005, § 2, 3-9-06)

In order to implement an affordable housing program, an affordable housing linkage fee is hereby established, to be paid at the time of the issuance of building permits for all non-residential development. The amount of the fee is hereby established per the following table:

(Ord. No. 2006-005, § 2, 3-9-06)

The affordable housing linkage fee shall be assessed for all new non-residential construction, non-residential construction within a mixed-use project, building additions and on the renovation of existing buildings and building space when the building permit value of the renovation or improvement exceeds fifty (50) percent of the replacement cost of the building or building space at the time of the construction.

(Ord. No. 2006-005, § 2, 3-9-06)

As an alternative to payment of the housing linkage fee, a developer of non-residential project or mixed-use project may submit a request to produce affordable housing units, which request can be granted in the form of a developer's agreement approved by the city commission.

(Ord. No. 2006-005, § 2, 3-9-06)

The following buildings constructed within the city shall be exempt from the affordable housing linkage fee:

(1)

Non-residential building construction that constitutes the exempt use of property for education, religious, charitable or governmental use, as defined by F.S. ch. 196, or that is used for such purposes by organizations which qualify for exemption from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

(2)

Interpretations or doubts as to the applicability of these exemptions shall be decided by the director of sustainable development. An appeal may be filed pursuant to the procedures set forth in section 13-34.

(3)

If a development is exempt from the fee at initial construction, but later converts to a new non-residential development project, the converted square footage will be deemed net new non-residential square footage and the housing impact fee paid shall be a condition of the building permit certificate of occupancy.

(Ord. No. 2006-005, § 2, 3-9-06; Ord. No. 2015-053, § 6, 10-8-15)

A developer may choose to use an independent impact analysis to compute the impact fee due as a result of a development. The director of sustainable development shall have the authority to approve or disapprove the person who prepares the independent impact analysis on the basis of the person's professional training and experience in preparing development impact analyses. The developer shall be responsible for the preparation of the independent impact analysis which shall be reviewed by the department of sustainable development and forwarded to the planning and zoning board and city commission for review and consideration. The requirement to pay the housing impact fee may be adjusted or waived if the developer demonstrates by substantial, competent evidence, that an insufficient nexus exists between the proposed use and the housing impact fee.

(Ord. No. 2006-005, § 2, 3-9-06; Ord. No. 2024-012, § 2, 4-11-24)

(a)

An affordable housing linkage fee trust fund is hereby established. All fees collected under this section shall be deposited within this fund, and shall be expended only for those purposes budgeted and authorized by the city commission.

(b)

The city commission shall use the funds deposited within the affordable housing linkage fee trust fund for the following purposes:

(1)

Construction of affordable housing units.

(2)

Acquisition of land for affordable housing unit construction.

(3)

Assistance for first-time home buyers, following guidelines to be adopted and established by the city commission by resolution.

(4)

Preservation of existing affordable housing supply.

(5)

Rental assistance and relocation assistance.

(6)

Reasonable administrative costs and expenses of the program.

The above list is not exhaustive, and the city commission by resolution may add or remove alternative affordable housing programs.

(Ord. No. 2006-005, § 2, 3-9-06)

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed the former § 13-118, and enacted a new 13-118.1—13-118.15 as set out herein. The former § 13-118 pertained to findings and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.

This subsection applies to impact generating projects for which a building permit is applied for after February 13, 2025. This subsection adopts impact fees to offset the city's costs to improve its capital improvement system to meet the needs of new development. This subsection does not exempt or affect requirements for payment of utility and other service fees, including but not limited to water and wastewater fees, affordable housing linkage fees, and public art.

(Ord. No. 2025-001, § 3, 2-13-25)

It is ascertained, determined and declared that:

(1)

Both existing development and development necessitated by the growth contemplated in the city's comprehensive plan will require improvements and additions to fire-rescue facilities, law enforcement facilities, and parks and recreation facilities, of the city to accommodate and maintain existing levels of service.

(2)

Impact generating projects necessitating expansion of the city's capital improvement systems should contribute their proportional and reasonable share of the cost of capacity-adding improvements and additions to fire-rescue facilities, law enforcement facilities, and parks and recreation facilities required to accommodate capital improvement demands generated by such projects.

(3)

Implementation of a reasonable impact fee rate structure to require future impact generating projects to contribute their proportionate share of the cost of required new capital improvement capacity is an integral and vital element of the regulatory plan of growth management incorporated in the city's comprehensive plan.

(4)

The projected capital improvements and additions to the capital improvement system of the city and the allocation of costs between those necessary to serve existing development and those required to accommodate new impact generating projects, as presented in the "Impact Fee Study," dated January 15, 2025, adopted by the city commission on February 13, 2025 and are found to be in conformity with the city's comprehensive plan.

(5)

Capital improvement planning is an evolving process, and the capital improvements and additions to the fire-rescue facilities, law enforcement facilities, and parks and recreation facilities identified within the currently adopted impact fee study from which this subsection is derived constitute projections of growth patterns and improvements and additions based upon present knowledge and judgement. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the express intent of the city commission that the identified improvements and additions to the capital improvement system be reviewed and adjusted periodically to ensure that the impact fees are imposed equitably and lawfully and are utilized effectively based upon actual and anticipated conditions at the time of their imposition.

(6)

The purpose of this division is to require payment of citywide impact fees by new impact generating projects and to provide for the cost of capital improvements to the city's capital improvement system, which are required to accommodate the additional demand caused by such impact generating projects.

(7)

The city manager designates the director of the department of sustainable development as the administrator of this subsection.

(8)

This subsection shall not be construed to permit the collection of impact fees from impact generating projects in excess of the amount reasonably anticipated to offset the proportional demand new growth will have on the city's capital improvement systems.

(Ord. No. 2025-001, § 3, 2-13-25)

For purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms used in this division but which are not defined, shall have the meaning set forth in article III, section 13-295, "Definitions," of the city's land development regulations, city's Code of Ordinances, and/or the Institute of Transportation Engineers' Trip Generation Handbook, whichever is applicable.

Access improvements means improvements that are designed to improve safe and adequate ingress from an impact generating project, which may include but are not limited to site related rights-of-way, easements, dedications/deeds, turn lanes, pavement improvements, on-street parking, associated pedestrian and bike facilities, deceleration and acceleration lanes, traffic control devices, signs and markings, drainage and utilities.

Capital improvements shall mean physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing.

Capital improvement system means the citywide fire-rescue facilities, law enforcement facilities, and parks and recreation facilities provided by the city to serve the public health and welfare.

Development shall mean the carrying out of any building activity or the making of any material change in the use or appearance of any building, structure, or land, which results in an additional impact or demand on law enforcement, fire-rescue, or parks and recreation facilities.

Director means the director of the city's department of sustainable development, or designee.

Fire-rescue facilities means the physical assets constructed or purchased that are necessary to provide and support fire-rescue services within the impact fee benefit district of the city.

Impact fee benefit district means the geographic area encompassed by the City of Coconut Creek corporate boundary at the time of the impact fee study.

Impact fee rate means the cost per impact unit to provide the capital facilities necessary to support impact generating projects as identified in the applicable impact fee land use category set forth in the city's comprehensive impact fee schedule as provided in section 13-119, "Comprehensive impact fee schedule".

Impact fee study means the study titled "City of Coconut Creek Impact Fee Study" dated January 15, 2025, adopted by the city commission on February 13, 2025.

Impact generating project means development designed or intended to permit a use of the land that will contain more impact units than the existing land use of the land, or that will otherwise change the use of the land in a manner that increases the demands upon the city's capital improvement system.

Impact unit means an increment of development measured in dwelling units, building area, floor area, retail area, beds, or other similar measure identified in the impact fee study.

Law enforcement facilities means physical assets constructed or purchased that are provided by the city for the purpose of providing police services within the impact fee benefit district of the city.

Level of service means the indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and regulated to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Multi-family structure means building or structure containing two (2) or more dwelling units or two (2) or more attached dwelling units.

Parks and recreation facilities means the physical assets constructed or purchased that provide and support community, neighborhood, and special facility open space, park and recreational activities within the impact fee benefit district of the city.

Offsite improvements means capital improvements located outside of the boundaries of an impact generating project that are required by the city in order to mitigate the demands of developments other than those of a proposed impact generating project paying impact fees or requesting developer contribution credits. Offsite improvements do not include access improvements.

Single family structure means a building or structure physically detached from other buildings, dwelling units or structures containing only one (1) dwelling unit.

(Ord. No. 2025-001, § 3, 2-13-25)

The city commission adopts and incorporates by reference the study entitled "City of Coconut Creek Impact Fee Study" dated January 15, 2025, including the assumptions, conclusions and findings in the study as to the allocation of anticipated costs of capital improvements and additions to the city's capital improvement system, between those costs required to accommodate existing development and those costs required to accommodate the demands of new capital improvement projects generated by new growth contemplated in the comprehensive plan.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

All impact generating projects occurring within the city's impact fee benefit district, after the effective date, shall either pay the impact fees established in this section or redeem equivalent and valid developer credits.

(b)

The impact fees are imposed on all impact generating projects located in the city, at the rates established under the applicable land use category set forth in the city's comprehensive impact fee schedule adopted by ordinance of the city commission.

(c)

A proposed impact generating project shall pay the stated amount for each category of the capital improvement system at the time of building permit issuance.

(d)

Payment of impact fees under this subsection does not exempt an applicant from the requirement to provide access improvements, in accordance with the City's Code of Ordinance requirements, and/or any valid ordinance or regulation applicable to the proposed impact generating project.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

The following shall be exempted from payment of impact fees:

(1)

Alteration, expansion or replacement of an existing mobile home or multi-family structure, which does not increase the number of dwelling units in the structure.

(2)

Alteration, expansion or replacement of an existing single family structure, provided the alteration, expansion, or replacement does not increase the number of dwelling units in the structure or increase the square footage of the single family structure from the less than two thousand five hundred (2,500) square feet category to the two thousand five hundred (2,500) square feet or more category as shown on the comprehensive impact fee schedule.

(3)

Alteration, expansion, or replacement of a building or use if, upon completion of the alteration, expansion, or replacement, the use does not generate greater demand for any capital facilities than the use did prior to the alteration, expansion or replacement.

(4)

Construction of an accessory building which does not result in additional square footage or a land use generating greater demand for any capital facilities than the property did prior to the construction of the accessary building.

(5)

Temporary construction sheds or trailers erected to assist in construction and maintained only during the term of a building permit.

(6)

Public schools and charter schools, pursuant to F.S. § 1013.371(1)(a) and F.S. § 1002.33(18)(d).

(7)

The construction of publicly owned buildings used for governmental purposes.

(8)

Temporary uses permitted under the city Code of Ordinances or by the city commission.

(9)

Any other use exempt from impact fees under state law or the city Code of Ordinances.

(b)

The city shall not increase the impact fee rates to offset any reduced revenue resulting from exemptions granted under this section, if any. In addition, to the extent an impact generating project is exempt from payment of impact fees, the city will ensure sufficient funding availability to maintain levels of service.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

Except as otherwise provided in this division, no person shall carry out any impact generating project unless the appropriate impact fee as set forth in sections 13-118.5, "Fees imposed," or 13-118.9, "Calculation of fees for non-listed uses and mixed-uses" is paid at the time of issuance of the building permit for the impact generating project, or if no building permit is required, prior to the issuance of a certificate of occupancy.

(b)

Except as provided in (c) below, each proposed impact generating project shall be categorized by the director according to the land use categories set forth in section 13-119, "Comprehensive impact fee schedule." The Director will categorize a proposed impact generating project based on the meanings assumed in the impact fee study, the land development code, and/or the Institute of Transportation Engineer's' Trip Generation Handbook, whichever is most applicable.

(c)

If a proposed use is not specifically listed in the city's comprehensive impact fee schedule, and is determined by the director not to apply to any listed land use category set forth in the city's comprehensive impact fee schedule, the provisions of section 13-118.9, "Calculation of fees for non-listed uses and mixed-uses," of this subsection apply.

(d)

All impact fees required by this subsection shall be paid directly to the City of Coconut Creek.

(e)

The payment of impact fees shall be in addition to any other fees, charges, or assessments due for the issuance of a building permit, except as expressly provided otherwise by the city's Code of Ordinances, or any applicable ordinance related to fees.

(f)

The obligation for payment of the impact fee shall run with the land.

(g)

The city commission may impose a reasonable administrative charge for the collection of impact fees, not in excess of actual costs.

(Ord. No. 2025-001, § 3, 2-13-25)

Impact fees shall be imposed and calculated for the alteration, expansion or replacement of a use, building or dwelling unit or the construction of an accessory building if the alteration, expansion, or replacement of the use, building or dwelling unit or the construction of an accessory building results in a land use determined to generate greater impacts on the city's capital improvement system than the present use under the applicable impact fee category. The impact fee imposed under the applicable impact fee category shall be calculated as follows:

(1)

When there is a change in land use, the impact fees imposed shall be the impact fees under the applicable impact fee rate for the impact fee land use category resulting from the land use change less the impact fee that would be imposed under the applicable impact fee rate for the impact fee land use category prior to the land use change or expansion.

(2)

Unless exempt pursuant to section 13-118.6, "Exemptions," when the gross floor area of a building is increased, but the type of use is not changed, the impact fee rate shall be calculated based only on the increased gross floor area.

(3)

Unless exempt by section 13-118.6, "Exemptions," the impact fee imposed for any accessory buildings shall be that applicable under the impact fee rate for the land use for the primary building.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

If an impact generating project involves a land use not listed under the impact fee land use categories set forth in the comprehensive impact fee schedule the impact fee shall be the same as provided in this chapter 13, "Land Development Code", article I, "Administration, Regulations, and Procedures", division 5, "Impact Fees", for the most similar land use as determined by the director.

(b)

If an impact generating project is a mixed-use project, the director shall calculate the impact fees based upon the demand to be generated by each separate land use category included in the proposed mixed-use impact generating project. Outparcels within larger developments shall be calculated individually and not included in the overall gross building area of the development.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

The city shall grant a credit against the impact fee imposed pursuant to this subsection for the construction of offsite improvements or the donation of land, to a category of the capital improvement system that the city requires or has required.

(b)

All impact fee credits associated with projects subject to a development of regional impact order shall be consistent with the provisions of F.S. § 380.06, F.S. § 163.31801(5), and F.S. § 163.31, and other applicable laws.

(c)

Impact fee credits are assignable and transferable, at any time after the credit is established, from one (1) development or property to another. This subsection applies to all impact fee credits regardless of whether the credits were established before or after June 4, 2021.

(d)

In order to receive a credit for the construction of offsite improvements, the director must determine that:

(1)

The proposed capital improvements either:

a.

Are already included in the city's five year capital improvement plan or were at the time the obligation arose;

b.

Are substantially similar in nature and extent to the same category of the capital improvement system included on the city's five year capital improvement plan; or

c.

The proposed offsite improvements are an integral part of, or necessary addition to, an existing improvement identified in the city's five year capital improvement plan.

(e)

Unless established otherwise by the director, based on prior documentation, the amount of credit resulting from a capital improvement obligated prior to February 13, 2025 shall be the present value of the obligated improvements minus the maximum impact fee calculated under the city's comprehensive impact fee schedule.

(f)

The amount of a developer contribution credit proposed after February 13, 2025 shall be determined according to the following standards of valuation:

(1)

The value of donated land shall be based upon a written appraisal of fair market value by an MAI, Member of the Appraisal Institute, certified appraiser, selected and paid for by the applicant, based upon comparable sales of similar property between unrelated parties utilizing accepted land appraisal methodologies. If the appraisal does not conform to the requirements of this section, the appraisal shall be corrected and resubmitted. If the director disagrees with the appraised value, the city may engage another appraiser and the value of the land donation shall be an amount equal to the average of the two (2) appraisals. If the city's appraisal varies by twenty-five (25) percent or more from the applicant's, the city may assess the cost of the city's appraisal against the applicant as provided by law.

(2)

The cost of anticipated construction of offsite improvements to a category of the capital improvement system shall be based upon cost estimates certified by a registered professional engineer and approved by the city.

(3)

The land and construction contributions shall receive credits under this section only for capacity adding capital improvements to the category of the capital improvement system for which credit is sought, in order to accommodate impact generating projects, consistent with the impact fee study and the city's five year capital improvement plan.

(g)

Prior to the issuance of a building permit, the applicant shall submit to the director a proposed plan of construction of offsite improvements for the applicable category of the capital improvement system. The proposed plan of construction shall, in accordance with the requirements of this section, include:

(1)

A list of the contemplated offsite improvements;

(2)

A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection 13-118.10(f)(1);

(3)

An estimate of proposed construction costs certified by a registered professional engineer as required by subsection 13-118.10(f)(2); and

(4)

A proposed time schedule for completion of the proposed plan of construction.

(h)

The director shall determine:

(1)

If a proposed plan of construction is in conformity with contemplated offsite improvements to the applicable category of the capital improvement system;

(2)

If the proposed donation and construction by the applicant is consistent with the public interest;

(3)

If the proposed construction time schedule is consistent with the city's capital improvements work schedule; and

(4)

Upon receipt of a proposed plan of construction, the director shall determine the amount of construction credit based upon the standards of valuation set out in this section, and shall approve a timetable for completion of construction.

(i)

All construction cost estimates shall be based upon, and all construction plans and specifications shall be in conformity with, the construction standards of the city. All plans and specifications shall be approved by the director prior to commencement of construction.

(j)

Credits approved by the director under this section shall be subject to a credit agreement approved by the city commission.

(k)

If the amount of developer contribution credit for a category of capital improvement system impact fees, as determined by the director, exceeds the total amount of impact fees due by the applicant, the city commission may execute an additional agreement with the applicant for future reimbursement of the excess of such construction credit from future receipts by the city of impact fees from that category of the capital improvement system only. Such agreement for reimbursement shall not be for a period in excess of ten (10) years from the date of completion of the approved plan of construction, and shall provide for a forfeiture of any remaining reimbursement balance at the end of such ten-year period.

(l)

Nothing contained in this section shall be interpreted or construed to qualify land required as right-of-way under the city's land development regulations, or required by the county or the state, as donated land for credit purposes under this section.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

In order to ensure impact fee revenues are spent to the proportional benefit of new development, the city commission has established and will maintain a separate accounting fund(s) for each of the following categories of the capital improvement system, by impact fee benefit district:

(1)

Fire-rescue facilities;

(2)

Law enforcement facilities; and

(3)

Parks and recreation facilities.

(b)

The accounting of funds shall be maintained separate and apart from each other and from all other accounts of the city. All impact fees shall be deposited into the corresponding fund immediately upon receipt.

(c)

The monies deposited into an impact fee accounting fund shall be used solely for the purpose of funding capital improvement capacity within the impact fee benefit district, including but not limited to:

(1)

Design and construction plan preparation;

(2)

Building construction;

(3)

Permitting;

(4)

Right-of-way and land acquisition, including all costs of acquisition or condemnation;

(5)

Construction management and inspection;

(6)

Surveying and soils and material testing;

(7)

Necessary capital equipment;

(8)

Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund a capital improvement; and

(9)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire capital improvements to the city's capital improvement system, in order to mitigate increased impacts generated by impact generating projects.

(d)

Funds on deposit in an impact fee fund shall not be used, in whole or part, to pay existing debt or for previously approved or constructed capital improvements, unless such expenditures are reasonably connected to or have a rational nexus with increased impacts on such facilities by new impact generating projects.

(e)

Funds on deposit in an impact fee fund shall not be used for any expenditure that would be classified as a maintenance, operation, or repair expense or to cure an existing deficiency in the capital improvement system.

(f)

Funds on deposit in an impact fee fund shall not be used for any expenditure other than for the same category of capital improvement system for which the fee was collected, in accordance with the impact fee study, and only within the same impact fee benefit district from which the fees were collected.

(g)

The monies deposited into an impact fee fund shall be used solely to provide additional capital improvement capacity to the city's capital improvement system required to accommodate new impact generating projects, as provided in the city's five year capital improvement plan or by agreement with Broward County or other partnering agency providing capital improvements in the city impact fee benefit district.

(h)

Any monies on deposit that are not immediately necessary for expenditure shall be invested in interest bearing accounts by the city. All interest income derived from such investments shall remain or be deposited in the impact fee accounting fund on which the interest was earned.

(i)

The impact fees collected pursuant to this subsection shall be refunded to the applicant that paid them on the building permit if:

(1)

A building permit issued for an impact generating project is revoked, expires, withdrawn, or is cancelled prior to the completion of the developer's project; or

(2)

Such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the seventh anniversary of the date upon which such fees were paid.

(j)

Refunds shall be made only in accordance with the following procedure:

(1)

The applicant shall file an impact fee refund request based on a revoked, expired, withdrawn, or cancelled building permit within one hundred eighty (180) days of such action or, where it is alleged that the city has not complied with subsection 13-118.11(i)(2) above, shall file a petition within one (1) year following the end of the fiscal year in which occurs the date of the seventh anniversary of the payment of the impact fee by the original impact generating project.

(2)

The petition for refund shall be submitted to the director and shall contain the following:

a.

A notarized sworn statement that the petitioner was the applicant and paid the impact fees for which a refund is sought; and

b.

A copy of the dated receipt issued for payment of the fee, or such other record as would indicate payment of the fee.

(3)

Refund request pursuant to revoked, expired, withdrawn, or cancelled building permit. Within ninety (90) days from the date of receipt of a complete refund request application related to a revoked, withdrawn, cancelled or expired building permit, or otherwise as provided by law, the director shall either approve or deny the request, provided impact fees which have been expended to accommodate the impact fee generating project shall not be refunded.

(4)

Refund request for unspent or unencumbered funds. Within sixty (60) days from the date of receipt of a petition for refund under subsection 118.11(j)(2) above, or as otherwise provided by law, the director will advise the petitioner of the status of the impact fee refund request, and, whether or not the impact fee paid has been spent or encumbered within the applicable time period. If it was not spent or encumbered, then within ninety (90) days of the petition, or as otherwise provided by law, the director shall authorize the fees to be returned to the petitioner with interest at the average net interest rate earned by the city in the applicable impact fee accounting fund during the time such impact fee was on deposit. For the purposes of this section, fees collected are deemed to be spent or encumbered on the following basis: The first fee in shall be the first fee spent or encumbered.

(5)

The city shall retain an administrative fee of three (3) percent or one thousand dollars ($1,000.00), whichever is less, to offset the costs of collection and refund of the impact fee.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

Increases in impact fee rates must comply with the developer credit provisions in section 13-118.10, "Developer contribution credits," and must ensure the holders of any impact fee credits created under this subsection, but in existence before a fee increase, receive the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established, including credits granted under F.S. § 163.3180, or F.S. § 380.06, after February 13, 2025.

(b)

The city's finance director, or their designee, shall submit an affidavit, meeting the requirements of F.S. § 163.31801, with the city's annual financial report under F.S. § 218.32, or financial audit report under F.S. § 218.39.

(c)

In addition to the items that are reported in the annual financial reports under F.S. § 218.39, and F.S. § 380.110, and (b) above, the city will issue a report on impact fees consistent with the requirements of F.S. § 163.31801(13), as amended.

(Ord. No. 2025-001, § 3, 2-13-25)

Nothing in this subsection shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to February 13, 2025 and on which there has been a good faith reliance and a substantial change of position.

(Ord. No. 2025-001, § 3, 2-13-25)

Violations of this section may be enforced pursuant to section 1-8, "General penalty for violation of Code; continuing violation and other remedies and administrative fees," of the Code of Ordinances. Additionally, the city may obtain an injunction or other legal or equitable relief in the circuit court against any person violating this subsection.

(Ord. No. 2025-001, § 3, 2-13-25)

(a)

Final decisions of the director, or designee, under this subsection are subject to appeal pursuant to section 13-34, "Appeals". An appeal must be filed with the city clerk within ten (10) days of the date of the final decision to be appealed pursuant to section 13-34(3)(a).

(b)

Nothing in this section shall affect the remedies the city has available under applicable law.

(Ord. No. 2025-001, § 3, 2-13-25)

Fire Rescue Impact Fee Schedule

du = dwelling unit
sf = square footage
sfgla = square foot gross leasable area

Law Enforcement Impact Fee Schedule

du = dwelling unit
sf = square footage
sfgla = square foot gross leasable area

Parks and Recreation Impact Fee Schedule (Effective May 14, 2025)

*du = dwelling unit
*ITE = Institute of Transportation Engineers

(Ord. No. 2025-001, § 3, 2-13-25)

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed the former 13-119, and enacted a new § 13-119 as set out herein. The former § 13-119 pertained to established and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-120, which pertained to definitions and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006; Ord. No. 2006-037, § 1, adopted Nov. 9, 2006; Ord. No. 2017-008, § 2, adopted Jan. 11, 2018.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-121, which pertained to imposition of fees and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006; Ord. No. 2006-037, § 1, adopted Nov. 9, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-122, which pertained to payment and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-123, which pertained to disposition of fees and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-124, which pertained to exemptions and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-125, which pertained to credits and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006; Ord. No. 2006-037, § 1, adopted Nov. 9, 2006.

Editor's note— Ord. No. 2025-001, § 3, adopted Feb. 13, 2025, repealed § 13-126, which pertained to refund of fees paid as required by this division and derived from Ord. No. 2006-017, § 2, adopted May 11, 2006.