The purpose of part 6 of the Land Development Code is to guide the processing and disposition of applications for development orders that are required or authorized in this code. It is the intent of this part to ensure that applications for development orders are processed, reviewed and decided in a manner consistent with the comprehensive plan, and the regulations and standards of this code, in order to protect and further the public health, safety and welfare.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The development review procedures and requirements set forth in this part shall apply to all applications for development orders required or authorized in this code for land within the City of Dania Beach with the exception of those located within an approved planned mixed-use development district (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL) for which any alternative procedures and requirements established in section 340-40 or in the approved Development Design Guidelines (DDG) shall apply.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 9, 10-13-15; Ord. No. 2019-015, § 9, 10-7-19)

Article 605 establishes the general application requirements common to all applications for development orders. Article 610 specifies the public notice requirements for each type of application. Additional details are then addressed in separate articles devoted to each type of application for development order, which will detail:

(A)

Supplemental application requirements, if any;

(B)

The review process and approval process;

(C)

Criteria for the review and disposition of the application;

(D)

The effect of approval or denial, if applicable;

(E)

The length of time for which the approval will remain valid.

(A)

All applications shall be in the form of a petition provided by the community development department and submitted by any qualified applicant.

(B)

Qualified applicants shall be limited to the following:

(1)

For vacation or abandonment of rights-of-way, the owner or agent of the owner of property adjacent to the right-of-way, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers, have authorized the application as required by law.

(2)

For administrative appeals, any person who has been aggrieved by an order, requirement, determination or decision on the basis of an alleged error made by the official or employee.

(3)

For all other applications, the owner, or agent of the owner, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers, have authorized the application as required by law. For example, for a property owned by a trust, the trust agreement may allow two (2) of three (3) trustees to authorize such an application.

(4)

The city manager, community redevelopment agency and city commission may initiate future land use plan map amendments, rezonings, and text amendments, and the city may initiate any application for land under its control, including vacations of right-of-way.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The community development director or his/her designee shall review an application for completeness and notify the applicant of any deficiencies. Incomplete applications shall not undergo further processing until all submittal requirements are satisfied.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The community development director shall establish standardized application submittal requirements for each type of development application, which shall at a minimum include the following.

(A)

Owner's and agent's name, address, telephone number and notarized signature;

(B)

Notarized signature of owner(s) and agent(s);

(C)

Agent's relationship to property;

(D)

Proof of ownership and any other party's interest in the property, including binding contract of sale;

(E)

The property's existing zoning and future land use plan map designations;

(F)

Description and justification for the request;

(G)

Legal description;

(H)

Certified and sealed survey that reflects all property improvements as of application submittal, and includes statement of amount of acreage and square footage of land involved;

(I)

For all applications that are subject to review criteria by these regulations, an explanation as to how the application satisfactorily addresses each criterion;

(J)

Supplemental application information and materials as may be required in the various articles of this Part 6 for any given type of development application;

(K)

A traffic impact study is required to supplement a development application that, if approved, would generate in excess of fifty (50) gross peak hour trips based on applicable trip generation rate(s) in the Institute of Transportation Engineers' Trip Generation manual, most recent edition. If less than fifty (50) gross peak hour trips will be generated by the development, submittal of a 725-30 is required. The traffic impact study shall be prepared using the roadway level of service standards and trip generation rates. A traffic impact study shall be prepared in accordance with methods outlined in Transportation Impact Analysis for Site Development: An ITE Recommended Practice (RP-020D) published by the Institute of Transportation Engineers in 2010. A memorandum of agreement summarizing the study's proposed project-specific methodology, including any deviations from guidelines contained in the Recommended Practice, must be approved in writing by the director prior to preparation of the study. Additional information may be required by the director if deemed necessary for review of the application's traffic impacts. The memorandum of agreement and the traffic impact study must be prepared by a professional engineer (PE) registered in the State of Florida, a professional transportation planner (PTP) certified by the Institute of Transportation Engineers (ITE), or a planner certified by the American Institute of Certified Planners (AICP).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 14, 8-9-11; Ord. No. 2016-007, § 9, 3-22-16; Ord. No. 2025-010, § 8, 5-27-25)

The city commission establishes the amount of each application fee by resolution.

Application fees are due upon filing of the application. In addition to the application fee, any additional costs incurred by the city in processing and reviewing the application shall be paid by the applicant (as provided in article 685).

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

All public hearings required in this code shall be noticed according to this article and in accordance with Florida State Statutes and the Florida Administrative Code as may be amended from time to time.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 12, 5-9-12)

Table notations:

⁽¹⁾ Certain variances and special exceptions may be approved by the planning and zoning board without city commission action, pursuant to article 625.

⁽²⁾ This applies only to variances that are decided by the planning and zoning board.

⁽³⁾ Second reading only.

* Acting as the local planning agency (LPA) for code amendments and all amendments to the land use plan map.

** Except as provided in subsection 610-30(B)(5) for area-wide amendments.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 7, 11-23-10; Ord. No. 2012-008, § 12, 5-8-12; Ord. No. 2012-025, § 6, 10-9-12; Ord. No. 2016-021, § 8, 10-10-16; Ord. No. 2017-022, § 8, 7-25-17; Ord. No. 2021-009, § 2, 1-26-21; Ord. No. 2022-004, § 1, 1-11-22; Ord. No. 2022-007, § 4, 1-25-22)

(A)

Timing of notice. The "timing of notice" column in the above table refers to the minimum number of calendar days prior to the date of the public hearing, not including the date of the hearing, that:

(1)

The newspaper ad must appear in the newspaper;

(2)

The sign(s) must be posted;

(3)

Mail notices must be mailed; and

(4)

Posting at city hall and on the City's web site shall be ten (10) calendar days prior to the public hearing, unless this timeframe is greater as provided by law.

(B)

Sign notices. Small scale site plan or other development approval applications for properties one (1) acre or less in size.

(1)

Posting requirements. Where sign posting is required by section 610-20 (table), above, the applicant shall be responsible for posting signs along all street frontages of the property that is the subject of a public hearing hereunder. The sign shall be posted between ten (10) and twenty (20) feet from the edge of street pavement in a manner so as to be visible from the public rights-of-way. The sign shall be at least three (3) square feet in area, and shall contain substantially the following language:

PUBLIC HEARING NOTICE

Petition number

Date:

Time:

Project/Application description:

For Information Call: (954) 924-6800

(2)

Alternate posting locations. The community development director may allow alternate sign posting location(s) when the subject property has no improved public street frontage.

(3)

Multiple lot applications. If multiple lots are the subject of an application for city approval where sign posting is required, posting of the sign on every lot is not required. The number and location of sign postings that are sufficient to accomplish the intent of this section shall be determined by the community development director.

(4)

Additional sign requirements. For subject properties having more than five hundred (500) feet of street frontage on any single street, one (1) additional sign shall be posted for each five hundred (500) feet or fraction thereof.

(5)

Area-wide amendments. Sign posting shall not be required for area-wide amendments to the land use plan map or official zoning map initiated by the city.

(6)

Damage, etc., to posted signs. Despite the city's substantial material and posting standards for public hearing notice signs, removal, damage or destruction occasionally occurs as a result of vandalism or wind. Therefore, sign posting is considered secondary and supplemental to newspaper notice of a pending public hearing. Accordingly, any damage, destruction or removal of signs shall not require that the applicable board or commission defer or continue a public hearing and/ or decision on an application.

(7)

Replacing damaged, etc., signs. Notwithstanding paragraph (6), above, if the owner, applicant or agent is aware that the sign is destroyed or removed from the property, or damaged beyond full legibility, the applicant is responsible for obtaining another sign from the city and posting the sign on the property.

(8)

Final disposition of application. The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeals, request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified in paragraph (1), above.

(9)

Proof of posting required. The applicant shall, ten (10) days prior to the public hearing, execute and submit to the department an affidavit of proof of the posting of the public notice sign in accordance with this section. If the applicant fails to submit the affidavit, the public hearing will be postponed until the next public hearing after the affidavit has been supplied.

(10)

Deadline for sign removal. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign, the city shall have the right to remove same.

(C)

Sign notices. Large scale site plan or other development approval applications for properties larger than one (1) acre in size.

(1)

Posting requirements. Where sign posting is required by section 610-20 (table), above, the applicant shall be responsible for posting signs along all street frontages of the property that is the subject of a public hearing hereunder. The sign shall be posted between ten (10) and twenty (20) feet from the edge of street pavement in a manner so as to be visible from the public rights-of-way. The sign shall be at least thirty (30) inches, by thirty-six (36) inches in area, and shall contain substantially the following language:

PUBLIC HEARING NOTICE

Petition number

Date:

Time:

Project/Application description:

For Information Call: (954) 924-6800

(2)

Alternate posting locations. The community development director may allow alternate sign posting location(s) when the subject property has no improved public street frontage.

(3)

Multiple lot applications. If multiple lots are the subject of an application for city approval where sign posting is required, posting of the sign on every lot is not required. The number and location of sign postings that are sufficient to accomplish the intent of this section shall be determined by the community development director.

(4)

Additional sign requirements. For subject properties having more than five hundred (500) feet of street frontage on any single street, one (1) additional sign shall be posted for each five hundred (500) feet or fraction thereof.

(5)

Area-wide amendments. Sign posting shall not be required for area-wide amendments to the land use plan map or official zoning map initiated by the city.

(6)

Damage, etc., to posted signs. Despite the city's substantial material and posting standards for public hearing notice signs, removal, damage or destruction occasionally occurs as a result of vandalism or wind. Therefore, sign posting is considered secondary and supplemental to newspaper notice of a pending public hearing. Accordingly, any damage, destruction or removal of signs shall not require that the applicable board or commission defer or continue a public hearing and/ or decision on an application.

(7)

Replacing damaged, etc., signs. Notwithstanding paragraph (6), above, if the owner, applicant or agent is aware that the sign is destroyed or removed from the property, or damaged beyond full legibility, the applicant is responsible for obtaining another sign from the city and posting the sign on the property.

(8)

Final disposition of application. The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeals, request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified in paragraph (1), above.

(9)

Proof of posting required. The applicant shall, ten (10) days prior to the public hearing, execute and submit to the department an affidavit of proof of the posting of the public notice sign in accordance with this section. If the applicant fails to submit the affidavit, the public hearing will be postponed until the next public hearing after the affidavit has been supplied.

(10)

Deadline for sign removal. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign, the city shall have the right to remove same.

(D)

Mail notices.

(1)

The mail notice radius in table 610-20 shall be measured from the boundaries of the land that is the subject of the application.

(2)

Mail notice shall be sent by U.S. Mail to the following:

(a)

The owner(s) of the subject property(ies), as well as the petitioner(s); and

(b)

The persons shown on the current tax rolls of Broward County to be the respective owners; or

(c)

In the case of a condominium, notice shall be sent to the board of directors of the applicable condominium association as listed as registered with the Florida Department of State Division of Corporations.

(d)

Mail notice shall only be required to owners of land located within the city's boundaries.

(3)

The mail notice shall contain substantially the same information as provided in the newspaper advertisement for the same application, and shall also contain the legal description of the subject property, the approximate relation to the nearest cross street(s); and a map or demarcated aerial photograph showing its approximate size, location and relationship to adjacent properties.

(4)

Mail notice is a courtesy that the city provides to supplement other forms of notice. Therefore, the mailing of such notices shall constitute service. Nonreceipt of mail notice by any property owner within the required mailing radius for any reason does not constitute grounds for re-advertising or conducting additional public hearings, and shall not affect any action or proceeding taken.

(5)

When more than one (1) hearing is required or occurs before any given body, mail notice shall be required only for the first such hearing, except that one (1) mailing is required for each city commission public hearing to consider adoption of large-scale land use plan map amendments.

(6)

Mail notice shall not be required for any city-initiated amendment to the land use plan map or official zoning map if the community development director determines that more than one (1) percent of the number of properties or households, whichever is less, within the city would be affected by such amendment.

(E)

Newspaper notices.

(1)

All required newspaper ads shall be placed in one (1) or more newspapers of general paid circulation in Broward County, and of general interest and readership in the community, not one of limited subject matter. Standard newspaper advertisements shall contain all information required by law for such advertisements.

(2)

Comprehensive plan (text and land use plan map) amendments; code amendments changing the list of permitted, prohibited and conditional uses of land; and rezonings initiated by the city are specifically regulated by F.S. § 166.041, as may be amended from time to time. Pursuant to said section, such ads shall not be placed within the legal advertisement section of the newspaper, shall be two (2) columns in width by ten (10) inches in length, shall prominently state "NOTICE OF LAND USE CHANGE" or similar in eighteen-point type, and shall include a location map as applicable.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2010-025, § 7, 11-23-10; Ord. No. 2011-024, § 15, 8-9-11; Ord. No. 2012-008, § 12, 5-8-12; Ord. No. 2017-022, § 8, 7-25-17)

This article provides the procedure for appealing a decision of an administrative official where it is alleged that there is an error in any order, requirement, decision or determination in the enforcement of this code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant person appealing an administrative decision shall provide the following materials:

(A)

The decision of the administrative official being appealed;

(B)

The name and position of the administrative official;

(C)

The date of the ruling;

(D)

The provision of this code upon which the decision was based;

(E)

The reason the aggrieved party believes the decision is erroneous and the reason that a variance or other form of relief is not required instead.

(F)

If the appeal is based on an administrative decision for which mail notice was provided to the aggrieved party, a copy of the mail notice received by the person appealing the decision.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

[Deadline for appeal.] Any person appealing any decision of an administrative official shall make such appeal in writing to the community development department within thirty (30) days after rendition of the order, requirement, decision or determination and submit the appropriate application, copies, and fee to the community development department.

(B)

Staying of work on premises. An appeal to the city commission stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken certifies to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the city commission or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(C)

[Response.] Once an application for an administrative appeal is received by the community development department, the official whose action is being appealed shall prepare a written statement, or staff report, to the city commission covering the relevant issues involved and the section and subsections of these regulations governing same.

(D)

[Notice.] Public notice shall be made in accordance with article 610, "Public Hearing Notices."

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The decision of the city commission shall be final unless reversed by a court of record on appeal. The city commission may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the official from whom the appeal is taken. The concurring vote of three (3) members of the city commission shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant upon any matter which it is required to pass. If an application does not receive three (3) affirmative votes upon roll call, the same shall be considered as denied.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Relief granted pursuant to an appeal shall expire unless:

(1)

The applicant submits applications for all necessary development permits within twelve (12) months of city commission approval; and

(2)

The applicant obtains all necessary development permits (including payment of all fees) within eighteen (18) months of city commission approval; and

(3)

All development permits remain valid until the project is complete.

(B)

The city commission may grant an extension if the applicant submits the extension request within thirteen (13) months of the date of city commission decision and the applicant can demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article authorizes the community development director to approve minor variances listed in section 620-40 without review by the planning and zoning board and the city commission.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant shall provide the following materials:

(A)

A site plan of sufficient detail to clearly identify the administrative variance request.

(B)

After-the-fact variances to authorize existing improvements shall require an as-built survey showing the improvements constructed in violation of the code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The community development director shall evaluate the application and determine whether the application satisfies the criteria for the granting of variances in section 625-40. If the director finds in the negative, the applicant may proceed with a variance application pursuant to article 625. If the director finds in the affirmative, the application shall proceed through the administrative variance process of this section.

(B)

Public notice shall be made in accordance with article 610, "Public Hearing Notices." Such notice shall be provided within five (5) days after the director makes a determination of completeness.

(C)

Any property owner who wishes to protest the administrative variance shall submit a written protest (by mail, email, hand-delivery, or facsimile) to the community development department no later than the fifteenth day following the date postmarked on the mailed notice. The fifteen-day period shall be referred to as the "protest period." It is the responsibility of the protestor to ensure and confirm that the community development department receives the protest notice within the protest period. The written protest shall not be valid unless the protestor's name, address, telephone number, and email address (if available) are included on the written protest.

(D)

If the community development department does not receive a valid written protest within the protest period, the community development director shall approve an administrative variance provided that it meets the review criteria in this article.

(E)

If the community development department receives a written protest within the protest period, the protest shall operate to preclude the use of the administrative variance approval process, unless the originators of the written protests withdraw their objections. The applicant shall then have the right to file an application for a variance.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The community development director is authorized to approve the following variances for single-family homes (and as to two-family homes existing as of the date of adoption of this article, the provisions of subparagraph (A)(1) and (A)(8) below shall also apply), without review by the planning and zoning board and the city commission:

(1)

Reduce required yards for a single-family home by a maximum of ten (10) percent, not to exceed a maximum of a two (2) foot variance.

(2)

Reduce of the required pervious area for a single family home by a maximum of five (5) percent.

(3)

Increase of the maximum allowable lot coverage by a maximum of ten (10) percent.

(4)

Increase in the maximum fence height by a maximum of one (1) foot.

(5)

Reduce minimum required lot width by a maximum of ten (10) percent.

(6)

Reduce minimum required lot size by a maximum of ten (10) percent, provided the request is consistent with the maximum permitted residential density within the applicable zoning district and future land use plan map designation.

(7)

Allow the finished decorative side of a fence to face to the interior of a lot.

(8)

Reduction of yard setbacks for at-grade air conditioning units.

(9)

Reduce existing driveway setbacks. Driveway must be constructed of pervious material or engineered to retain run-off on subject property.

(10)

Reduce pool deck and patio setbacks. Deck or patio must be constructed of pervious material or engineered to retain run-off on subject property.

(11)

Reduce screen enclosure setbacks. Screen enclosure must be constructed of pervious material or engineered to retain run-off on subject property.

(12)

Increase the maximum curb cut for single family driveways, however, the curb cut is never to exceed forty (40) percent of the lot width.

(B)

The community development director is authorized to approve the following variances for existing commercial, industrial, or office buildings containing fifty thousand (50,000) square feet or less, without review by the planning and zoning board and city commission:

(1)

Reduce the minimum number of required off-street parking spaces by a maximum of ten (10) percent, or two (2) parking spaces, whichever is less.

(2)

Reduce the required number of landscape materials or width of landscaping buffer or strip by a maximum of ten (10) percent.

(3)

Increase the maximum allowable lot coverage by a maximum of ten (10) percent.

(C)

The community development director is authorized to approve the following variances for properties within a designated Hotel Overlay District without review by the planning and zoning board and city commission:

(1)

Reduce the landscaped portion of required landscaped terminal islands by up to fifty (50) percent if the nonlandscaped fifty (50) percent of the terminal island is incorporated into a pedestrian access/sidewalk system in order to promote and encourage pedestrian safety and circulation throughout the site, district or both.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 13, 5-8-12; Ord. No. 2013-012, § 3, 10-22-13; Ord. No. 2015-009, § 11, 4-28-15; Ord. No. 2022-004, § 1, 1-11-22)

(A)

All administrative variance approvals requiring a development permit to effectuate the approved variance shall expire unless:

(1)

The applicant submits all necessary applications for development permits within twelve (12) months following the date of administrative action; and

(2)

The applicant obtains all necessary development permits (including payment of all fees) in accordance with the specific plans for which the administrative variance was granted within eighteen (18) months of the administrative action; and

(3)

The development permits remain valid until the project is complete and a certificate of occupancy or its equivalent is issued.

(B)

It shall be the responsibility of the property owner to ensure that a variance does not expire.

(C)

The community development director may grant a single six-month extension if a written request is made by the affected party demonstrating progress towards the action for which the administrative variance was required.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Variance requests that satisfy the criteria of section 625-40 are authorized from the following regulations and standards:

(1)

Height;

(2)

Yards;

(3)

Off-street parking and loading;

(4)

Landscaping and buffers;

(5)

Separation of uses;

(6)

Lot coverage;

(7)

Such other provisions of the code which do not specifically prohibit such requests.

(B)

The city shall not act upon any variance request that would:

(1)

Allow a use that is specifically or by inference prohibited in any zoning district classification, including an increase in the maximum density allowed within the zoning district;

(2)

Apply to any provisions for which the code specifically prohibits waiver or modification.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant shall provide a site plan of sufficient detail to clearly identify the variance request, and an explanation of how the variance is in accordance with the criteria of section 625-40.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A) Public notice shall be made in accordance with article 610 "Public Hearing Notices".

(B)

All variance applications pertaining to single-family homes and small-scale site plans (see article 635) shall be decided by the planning and zoning board after review and recommendation by the community development director. If a request for a variance is denied by the planning and zoning board, the applicant may appeal the matter to the city commission in accordance with article 615.

(C)

All other variance applications shall be decided by the city commission after review and recommendation by the community development director.

(D)

Variances are matters which are quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The petitioner shall bear the burden of providing competent substantial evidence that the relief sought should be granted.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The city commission or planning and zoning board, as applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the petitioner has demonstrated that the criteria provided in the following subsections (1) through (5) have been satisfied:

(1)

That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city;

(2)

That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community;

(3)

That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city;

(4)

That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and

(5)

That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community.

(B)

A request for a variance from Article 505, "Sign Regulations" shall be reviewed based on the criteria identified in section 505-180.

(C)

In granting any variance, the city commission or planning and zoning board, as applicable, may prescribe conditions and safeguards intended to mitigate potential adverse impacts from the variance and to ensure that the intent and purpose of the code is maintained. Violation of such conditions and safeguards shall be deemed a violation of this Code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-001, § 5, 2-26-13)

(A)

The city commission or planning and zoning board, as applicable, may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both, based on the scale and complexity of the development for which the variance is requested provided that in the absence of such time limit, a variance shall expire unless:

(1)

The applicant submits all applications for development permits including construction drawings (if applicable) within eighteen (18) months of the date of approval;

(2)

The development permits remain valid until the project is complete; and

(3)

The conditions and limitations of the variance are satisfied.

(B)

It shall be the responsibility of the property owner to ensure that a variance does not expire.

(C)

The city commission, or planning and zoning board which originally approved the variance, as applicable, may grant an extension of twelve (12) additional months if the applicant submits the extension request within nineteen (19) months of the date of approval and the applicant can demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-001, § 5, 2-26-13)

(A)

A variance shall run with land once established (i.e., not expired or revoked).

(B)

Whenever the city commission or planning and zoning board has denied a variance, the same shall not consider any further substantially equivalent request for variance on any part of the same property for a period of twelve (12) months from the date of such action (or date of any final court order upholding denial of the variance), unless this restriction is waived by a unanimous vote of the members of the city commission or planning and zoning board, as applicable, present at the time of the vote.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In order to address possible unintended violations of federal and state laws, subsequent to implementation of this code or its related rules, policies, and procedures in advance of costly litigation, zoning relief may be granted pursuant to this section.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

A person or entity shall request relief under this section prior to filing a lawsuit, by completing a zoning relief request form, which is available from the city's community development department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The city shall display a notice in the city's public notice bulletin board and shall maintain copies available for review in the community development department and the city clerk's office. The notice shall advise the public that a request for zoning relief under a federal or state law is pending. The location, date and time of the applicable public hearing shall be included in the notice. Notice shall also be provided to property owners within three hundred (300) feet, if the request for relief is site specific.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

The city commission shall have the authority to consider and act on requests for zoning relief submitted to the community development department. A public hearing shall be held within seventy-five (75) days of receipt by the city of the request for relief at a regular or special city commission meeting. During the public hearing, the city commission shall solicit comment and information from the public and shall decide whether to grant the requested relief. A written determination shall be issued by resolution no later than seven (7) days after the conclusion of the public hearing. The determination may:

(1)

Grant the relief requested,

(2)

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or

(3)

Deny the request.

Any determination denying the requested relief shall be final, in writing, and shall state the reasons the relief was denied. The final written determination shall be sent to the requesting party by certified mail, return receipt requested.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

If necessary, prior to the public hearing, the city may request additional information from the requesting party, specifying in sufficient detail what information is required. In the event a request for additional information is made to the requesting party by the city, the seventy-five-day time period to schedule a public hearing shall be extended to ninety (90) days to include the time necessary to seek and review the additional information. The requesting party shall have fifteen (15) days after the date the information is requested to provide the needed information. If the requesting party fails to timely respond with the requested additional information, the city shall notify the requesting party and proceed with scheduling a public hearing and issuing its final written determination regarding the relief requested as required in (3) [section 626-40].

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:

(A)

The applicant is a potential claimant under a federal or state law; and

(B)

The applicant believes in good faith that the city through implementation of its Land Development Code has intentionally or unintentionally violated federal or state law for the reasons stated in the zoning relief request. The law(s) the city has allegedly violated shall be identified.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other prelitigation dispute resolution processes available by law to the city or the applicant. Completion of the zoning relief procedures shall evidence the exhaustion of all administrative remedies available from the city.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

A fee as deemed appropriate by the city commission shall be imposed as provided by the city commission by resolution. The fee is intended to defray administrative costs incurred to review the request, including advertising costs. The city shall have no obligation to pay a requesting party's attorney fees or costs in connection with the request for zoning relief.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

While an application for zoning relief 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 property owner, except the city may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Special exception uses may be compatible with the other land uses permitted in a zoning district but, because of their unique characteristics and potential impacts on the surrounding neighborhood and city as a whole, require individual review of their location, design, configuration, or operation in order to ensure that the use is appropriate at a particular location.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article specifies the procedure processing and disposition of applications for special exception uses as set forth in the schedule of district regulations.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant shall provide the following materials:

(A)

The existing and proposed use of the property;

(B)

The existing use, zoning, and land use designations of lands within seven hundred (700) feet of the subject property;

(C)

A site plan meeting the requirements of article 635, "Site Plans";

(D)

Any other information as may be required for a determination of the nature of the proposed use and its consistency with the criteria for the approval of a special exception use.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Public notice shall be made in accordance with article 610, "Public Hearing Notices".

(B)

Special exception uses and their related accessory uses including enlargement or modifications of an existing special exception use shall be decided as follows:

(1)

The planning and zoning board shall decide all applications for special exception that:

(a)

Pertain to, and are processed concurrently with, small-scale site plans; or

(b)

Are for properties one (1) acre or less in size.

(2)

The city commission shall decide all other applications for special exception.

(C)

Special exception uses are matters that are quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The petitioner shall bear the burden of providing competent substantial evidence that the special exception use should be granted.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-022, § 9, 7-25-17)

(A)

The planning and zoning board or city commission, as applicable, shall review the application to determine whether the special exception use complies with the following standards:

(1)

That the use is permitted as a special exception use as set forth in the use regulations of part 1 of this code.

(2)

That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located.

(3)

That the use will be compatible with the existing uses on contiguous property, with uses in the general area and zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning.

(4)

That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities.

(5)

That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

(6)

That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community.

(7)

That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community.

(8)

That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance.

(9)

That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the comprehensive plan.

(10)

That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character.

(11)

That the use will not overburden existing public services and facilities.

(B)

The city commission or planning and zoning board, as applicable, may deny, approve, or approve the application with conditions. In issuing its decision to grant a special exception, the city may place more restrictive requirements and conditions on applicants than are provided in the code when the conditions are based upon site considerations and its use, and the potentially resulting impacts upon the surrounding area or zoning district where the subject property is located.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

If the applicant wishes to amend a special exception use approval, the proposed amendment shall be processed and reviewed in accordance with the procedures set forth in this article for new special exception uses.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

All special exception approvals shall expire unless:

(1)

The applicant submits all development permit applications and construction drawings (if applicable) that are necessary [to] establish the special exception use within eighteen (18) months of the date of approval; and

(2)

All development permits remain valid until the project is complete.

(B)

It shall be the responsibility of the property owner to ensure that a special exception approval does not expire.

(C)

The city commission or planning and zoning board, which originally approved the special exception, as applicable, may grant an extension of twelve (12) additional months if the applicant submits the extension request within nineteen (19) months of the date of approval and the applicant can demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors beyond the control of the applicant.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-001, § 6, 2-26-13)

(A)

The use for which a special exception has been granted by the city shall not be commenced by the owner, his or her agent or lessee until such time as the decision is deemed to be final (i.e., all appeal times have expired) and all of the improvements stipulated in the grant of special exception necessary for the orderly use of the property have been accomplished.

(B)

Approval of a special exception use shall run with the property once established (i.e., not expired or revoked) unless otherwise stipulated as a condition of approval.

(C)

Upon denial of an application for special exception, there shall be a two-year waiting period before any applicant may submit an application for the same or substantially similar application and for the same property as that which was initially denied.

(D)

Whenever the city has taken action to approve a special exception use, the city shall not consider any application to modify the conditions of approval for a period of twelve (12) months from the date of such action, unless the planning and zoning board or city commission, as applicable, waives the time period in order to prevent injustice.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article specifies procedures for processing and disposition of site plan applications.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Site plan required. Approval of a site plan is required prior to the commencement of any development in any zoning district of the city, including but not limited to grading; excavating; dredging; filling; installation of roads and utilities incidental to vertical construction; interior building alterations that increase the number of residential units, business/tenant spaces, or otherwise increase the parking requirement under article 265; prior to issuance of any building permit, and whenever required by other provisions of this code.

(B)

Small-scale site plan. A site plan shall be processed under the small-scale site plan procedure if the site plan complies with the following limitations:

(1)

A net land area of one (1) acre or less; and

(2)

Fewer than fifty (50) dwelling units; or

(3)

Fewer than twenty thousand (20,000) square feet of nonresidential use; and

(4)

Does not include both residential and nonresidential uses; and

(5)

Does not include a request for assignment/allocation of residential dwelling units or nonresidential acreage under the flexibility provisions of the Broward County Land Use Plan.

(6)

Does not include an application for another action that must be approved by the city commission. If a project requires a plat or rezoning, then the city commission shall also hear the site application for the project, at the same public hearing.

(C)

Large-scale site plan. All site plans that do not qualify for small-scale site plan review and approval shall be processed under the large-scale site plan procedure.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-007, § 7, 8-13-13; Ord. No. 2021-018, § 2, 8-24-21; Ord. No. 2023-006, § 9, 4-25-23)

The following construction shall be exempt from site plan review:

(A)

Construction of, and additions to, one (1) single-family dwelling or duplex dwelling on a lot fronting an existing, paved street.

(B)

Nonresidential additions that do not exceed one thousand (1,000) square feet in area or two and a half (2.5) percent of the total cumulative new property square footage, whichever is greater, and that do not require the addition of parking or loading spaces on site in order to satisfy the requirements for same in article 265 [Off-Street Parking and Loading].

(C)

Interior renovations to a nonresidential building, or portion of such building, provided that the renovation does not require the addition of parking or loading spaces on site in order to satisfy the requirements for same in article 265.

(D)

Construction of bus stop shelters.

(E)

Reduction in size of a structure.

(F)

Demolition of a structure.

(G)

Waterbody maintenance activities.

(H)

Road maintenance activities, which require issuance of an engineering permit.

(I)

Exclusion from site plan review for site preparation of large scale brownfield redevelopment sites. Development permits for site preparation of property including, but not limited to, grading, excavating, dredging, filling and other activities incidental to construction may be approved if all of the following occur:

(1)

Site is greater than fifty (50) acres;

(2)

Site is designated a Brownfield Site;

(3)

Site is located within the RAC;

(4)

The site has subterranean conditions that are unsuitable for standard construction means and methods and would therefore unduly extend the development process, as evidenced by a sealed geo-technical report acceptable to the community development director or designee;

(5)

Applicant must provide a hold harmless document with the permit submittal;

(6)

All applicable county permits must be obtained prior to commencement of any site preparation activities;

(7)

The applicant shall provide a written report from a qualified, independent, private consultant, approved by the city, which evaluates the land area's existing conditions, habitats and wildlife populations (by number, type and critical habitat). Such report shall include any warranted mitigation plans necessary for the protection and conservation of identified protected species including safe capture and relocation of any wildlife species protected by state or federal law; and

(8)

Any required tree removal license for such clearing shall comply with the standards and requirements set forth in article 825-70.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-024, § 10, 10-27-15; Ord. No. 2023-016, § 2, 9-13-23)

In addition to the general application requirements, the applicant shall provide the following materials in the quantity specified on the application form with the exception of site plans within an approved Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL), for which any alternative requirements established in the approved Development Design Guidelines (DDG) shall govern:

(A)

Boundary survey and topographic survey signed and sealed by a professional surveyor and mapper registered in the State of Florida, with elevations provided on a one hundred (100) foot grid, including natural features and improvements and their current use, top of bank and edge of water for all water bodies and water courses, the location of utility lines within and adjacent to the site, adjacent and internal rights-of-way width and dedication information, pavement location and width, and all easements and reservations of record. If there are existing improvements on the property, they shall be depicted and dimensioned.

(B)

Tree survey.

(C)

The recorded plat and any agreements modifying the plat (example: amendment to the restrictive note or non-vehicular access line (NVAL)), if the property has been platted.

(D)

Draft of any required or proposed restrictive covenants, written sureties, and common area maintenance association documents, including those for the preservation of common open space areas; grants of easement for access, drainage, utilities or other purpose; or other restrictions to be imposed upon the use of the land and buildings.

(E)

Site plans, including all information required in section 635-50, below, folded and bound together in separate plan sets with a cover sheet indicating plan sheet numbers. The overall size of plans shall be twenty-four (24) inches by thirty-six (36) inches drawn at a scale no smaller than one (1) inch equals twenty (20) feet, except when a smaller scale is approved by the community development director. All plans shall be prepared by professional surveyors and mappers, engineers, architects, landscape architects, or other appropriate professionals as determined by Florida Law, who are licensed and registered in the State of Florida.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 9, 10-13-15; Ord. No. 2019-015, § 9, 10-7-19)

All site plans shall contain the following and any other information necessary to demonstrate compliance with all requirements of the code. Any alternative requirements established in the approved Development Design Guidelines (DDG) shall apply for site plans within a Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL). The community development director may waive particular submittal items upon a determination that such items are not applicable or not essential to a specific project.

(A)

The proposed title of the project and the name of the professionals who prepared each plan, including engineer, architect, landscape architect and the developer;

(B)

The north arrow, scale and date;

(C)

Existing zoning of the subject site and adjacent properties;

(D)

Proposed changes in zoning to the applicant property, if any;

(E)

Adjacent land uses and buildings within two hundred (200) feet of the property, including use and number of floors, dimensioned to property line of subject site;

(F)

Legal description and net acreage;

(G)

Location sketch of subject property in relation to surrounding area;

(H)

Site boundaries clearly identified, dimensioned, and tied to section corners;

(I)

Locations and dimensions of all existing and proposed rights-of-way and dedications, including ultimate right-of-way lines (if applicable), easements, property lines, streets, buildings, watercourses and water bodies, pedestrian areas, and other existing physical features in or adjoining the project, and their disposition (example: to be retained, demolished, modified, etc.);

(J)

The location and dimensions of proposed setback lines;

(K)

The location and dimensions of proposed reservations for parks, playgrounds, open spaces and other common areas;

(L)

The location, dimensions, bearings, and curve data of proposed streets, alleys and driveways;

(M)

The location, dimensions and character of construction of proposed curb cuts, entrances and exits, parking and loading areas (including number of parking spaces and loading spaces), pedestrian use areas, and vehicular use areas;

(N)

Photometric plan;

(O)

Location and dimensions of all proposed buildings, excavations, and structures to lot lines and to each other;

(P)

Conceptual preliminary drainage and grading plans and statement of proposed drainage systems and methods;

(Q)

Typical trash and garbage disposal and recycling system, including typical enclosure details and the location of each;

(R)

Separate landscape plan prepared in accordance with article 275, "Landscaping Requirements";

(S)

Location, character, size, height and orientation of proposed signs, including building signage details shown on plan elevations and method of illumination;

(T)

All existing and proposed pedestrian walkways and bicycle paths;

(U)

Existing and proposed public transit routes, bus shelter locations and easements for such shelters, and proposed layout of rights-of-way, if necessary;

(V)

Proposed building floor plans and architectural elevations of all sides of all buildings and structures, including building height and finished floor elevations;

(W)

Type and location of mail receptacles;

(X)

Conceptual utilities plan, including all underground and above-ground improvements;

(Y)

The following computations:

(1)

Total gross and net acreage;

(2)

Proposed net and gross density, and number of dwelling units for site plans with residential components;

(3)

Total existing and proposed square footage of buildings and breakdowns by floor, use type, bay or tenant space, and dwelling unit, including required and provided minimum floor areas;

(4)

Area devoted to vehicular use areas (roadways, aisles, parking);

(5)

Gross project area allocated for common open space;

(6)

Lot coverage by roofed structures;

(7)

Pervious and impervious surface area, also expressed as a percentage of the site area;

(8)

Number of required and provided parking spaces including handicap-accessible, compact and any spaces devoted to attendant parking if permitted;

(9)

Minimum lot area, width and depth required and provided;

(10)

Minimum yard setbacks or specific build-to lines required and provided;

(11)

Maximum and minimum (if applicable) required and proposed building height;

(12)

Minimum floor area required;

(13)

Adjacent zoning and existing land uses;

(Z)

Traffic circulation and pavement marking plan (may be shown on site plan sheets);

(AA)

Phasing plan, if applicable, with beginning and ending dates of construction of the entire project and beginning and ending dates for all phases of the project;

(BB)

For properties under consideration for rezoning to PRD-1, a document detailing development standards and criteria (i.e., building height, setbacks, density, lot area, landscaping, parking, open space, lot coverage, sign regulations, etc.);

(CC)

Color site plan elevations and renderings for meeting presentation purposes;

(DD)

If necessary, written authorization to reproduce any documents accompanying site plan submittals from the applicant, agent, architect, landscape architect, engineer, attorney, etc.

(EE)

Shadow study for all buildings five (5) stories or taller.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 10, 10-13-15; Ord. No. 2019-015, § 9, 10-7-19; Ord. No. 2022-020, § 3, 5-24-22)

The site plan shall demonstrate conformance to all applicable provisions of this code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

[Review for completeness.] The community development department shall review the site plan application and all support documents for completeness. The department shall notify the applicant of any deficiencies in the application or support documents and specify what additional requirements are to be met. Once the department has determined that the application and support documents are complete, the application and support documents shall be distributed pursuant to the DRC procedures identified in Section 715-60.

(B)

[Review for concurrency.] For purposes of expediting the review process, city staff shall simultaneously review site plans for concurrency management and compliance with city codes, rules and regulations.

(C)

Small-scale site plans.

(1)

Upon receipt of a complete application, the community development director shall approve or deny an application classified as a small-scale site plan under section 635-20 unless the small-scale site plan is accompanied by applications for variance, or special exception.

(2)

If the small-scale site plan is accompanied by applications for variance or special exception, the director shall schedule the application for the next available planning and zoning board hearing.

(3)

Within five (5) days of his or her administrative approval or denial of the small-scale site plan, the director shall provide mail notice of the decision pursuant to section 610-20. The notice shall advise the recipient of the right to appeal the decision pursuant to article 615, and the procedures and time limits for filing such appeal.

(D)

Large-scale site plans. Once the applicant has submitted all corrections required by the staff review, the community development director will schedule the application for the next available city commission public hearing.

(E)

Planned Mixed-Use Development District (PMUD) and Planned Small Lot Mixed-Use Development District (PMUD-SL) site plans. Site plans submitted for property zoned PMUD or PMUD-SL, whether for the entire site, individual portion(s), or in phases shall be reviewed for consistency with the approved Development Design Guidelines (DDG), including the master development plan.

(F)

Approval. The director, planning and zoning board or city commission, as applicable, shall approve, approve with conditions or deny the proposed site plan based upon the standards for review contained in this Code, with the exception of site plans within a Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL) for which any alternative procedures and standards for review established in sections 340-40(D), 350-40(D), or the approved Development Design Guidelines (DDG) shall govern. All decisions of the planning and zoning board and city commission shall be made following a public hearing that is noticed pursuant to article 610, and after considering public input and the staff findings.

(G)

Appeals. Decisions of the director and planning and zoning board may be appealed to the city commission pursuant to the procedures of article 615.

(H)

Quasi-judicial hearing procedures. Site plan applications decided by the planning and zoning board and city commission are matters that are quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the code. The petitioner shall bear the burden of providing competent substantial evidence that the site plan should be granted.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 9, 10-13-15; Ord. No. 2016-021, § 9, 10-10-16; Ord. No. 2019-015, § 9, 10-7-19)

(A)

Any changes or deviations of approved site plans must be reviewed and approved under the same procedures that apply to new site plans, except as follows for non-material modifications which meet the criteria of this section and except for properties zoned Planned Mixed-Use Development District (PMUD) for which the criteria and procedures established in section 340-40(D) shall apply. The community development director shall consider whether a modification satisfies the criteria below and is a non-material modification. The director shall have the discretionary authority to require the review and approval of the planning and zoning board (for small-scale site plans) or city commission (for large-scale site plans), as applicable, whether non-material or material.

(B)

A modification to a large-scale site plan approved by the city commission, or a modification to a small-scale site plan that was approved by the planning and zoning board shall be considered to be non-material, and may be administratively approved, if the change:

(1)

Does not require a variance;

(2)

Does not violate any condition of site plan approval;

(3)

Does not change any verbal commitment or representation from the applicant, agent or owner made at the public hearing or in the application upon which approval may have been based;

(4)

Does not change the type, size or distribution of uses on the site plan;

(5)

Consists of relocation or substitution of landscaping materials as deemed necessary due to availability or site conditions, excluding the relocation or substitution of perimeter landscaping materials for nonresidential or mixed nonresidential and residential developments abutting residentially zoned lots;

(6)

Consists of a change to one or more building or setback dimensions shown on the plan, and the modification does not exceed five (5) percent of the dimension, excluding any perimeter setback abutting residentially zoned property;

(7)

Increases building area, floor area ratio or lot coverage, by no more than two (2) percent, not to exceed a total increase of two hundred (200) square feet of floor area;

(8)

Relocates an access driveway by not more than twenty (25) feet, and not within (50) feet of a residentially zoned property;

(9)

Increases the height of a building by no more than five (5) feet;

(10)

Changes or adds a model dwelling unit having building colors, landscaping, and architectural features similar to other models which were approved; and

(11)

Changes lot configurations in a residential development without:

(a)

Increasing the total number of lots shown on the approved plan;

(b)

Reducing the square footage of any lot by more than two (2) percent or five hundred (500) square feet, whichever is less;

(c)

Decreasing the overall open space on the approved plan; or

(d)

Substantially decreasing the value of or character of any improvement or amenity.

(C)

The process for modifying an approved site plan is the same as for a new site plan application, except that the director may approve or deny modifications that meet the above criteria for minor modifications pursuant to subsection (B). The director's determination with regard to a minor site plan modification may be appealed to the city commission in accordance with article 615, "Appeal of Administrative Decisions."

(D)

The criteria and procedures for modifications to any approved site plans for properties zoned Planned Mixed-Use Development District (PMUD) established by section 340-40(D) shall govern over the requirements of this section.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-022, § 9, 10-13-15)

(A)

Approval of a site plan authorizes application for engineering and building permits, provided that:

(1)

All conditions of site plan approval must be satisfied prior to issuance of a building permit unless the conditions do not apply to building permit issuance;

(2)

If the property is being platted, no building permit shall be issued until the plat is recorded, unless the Broward County Board of County Commissioners authorizes, by written agreement, issuance of a permit prior to plat recordation subject to withholding of a certificate of occupancy until the plat is recorded, as provided in subsection 5-187(c) of the Broward County Code of Ordinances; and

(3)

Site grading, dredging and filling, and infrastructure construction incidental to new construction shall not require a recorded plat, provided the plat has been approved by the Broward County Commission.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

All site plan and site plan modification approvals automatically expire and become null and void unless the applicant filed complete building permit applications with construction drawings for all improvements shown on the site plan within eighteen (18) months from the date of site plan approval, and the permits remain valid until a certificate of occupancy or its equivalent is issued for the improvements.

(B)

The director, planning and zoning board or city commission which originally approved the site plan, as applicable, may grant the following extensions:

(1)

One, six (6) month extension if the applicant submits the extension request within nineteen (19) months of the date of site plan approval and the applicant can demonstrate good cause for the delay; and

(2)

A second six (6) month extension if the applicant submits the extension request prior to the expiration of the first site plan extension deadline provided:

(a)

The site plan has been updated to fully comply with the city's Code of Ordinances as it exists at the date of the extension request and is treated as a site plan modification; and

(b)

the applicant can demonstrate good cause for the delay.

Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant.

(C)

The director, planning and zoning board or city commission, as applicable, may approve a phasing agreement for buildout of a site plan that includes multiple structures. The phasing agreement may be approved at any time prior to expiration of the site plan. A phasing agreement shall not allow more than three (3) years for the developer to obtain building permits for all improvements shown on the site plan, unless the terms of phased buildout are made part of a binding developer agreement between the city and the developer. Approval of such a developer agreement with phasing provisions shall require a specific finding that there is an overriding public interest in allowing the buildout of the site plan to be phased.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2013-001, § 7, 2-26-13; Ord. No. 2016-013, § 7, 7-26-16; Ord. No. 2019-001, § 5, 2-26-19; Ord. No. 2021-018, § 2, 8-24-21)

It shall be unlawful for any owner of any property within the city to allow or cause to be allowed any violation of this article, including but not limited to a violation of:

(1)

Approved site plan requirements;

(2)

Site plan conditions;

(3)

Site plan layout; or

(4)

Any other site plan restrictions as provided for under this article or as specified in the approved site plan documents.

(Ord. No. 2013-001, § 7, 2-26-13)

No principal building may be constructed on any lot unless a plat including the lot has been approved by both the city commission and county commission, and recorded in the official records of Broward County subsequent to June 4, 1953. This article will not apply to an application for a building permit which meets any of the following criteria:

(A)

Construction of two (2) or fewer residential dwelling units. Applications for two (2) or fewer residential dwelling units on property under the same ownership, within five hundred (500) feet of property exempted within the past twelve (12) months, shall not be exempt (note: this exception shall be superseded by the platting provisions of the comprehensive plan until such time as the comprehensive plan is amended to provide for this exemption); or

(B)

Construction of a multifamily or nonresidential principal building on a lot or parcel less than five (5) acres in size, which lot or parcel has been specifically delineated on a plat recorded on or before June 4, 1953, provided that any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan and the city's minimum road right-of-way criteria has been conveyed to the public by deed or grant of easement, as required by the city engineer; or

(C)

A building permit may be issued for a parcel of land for which a plat approval has been given by the Broward County Board of County Commissioners although the plat has not yet been recorded, provided such authorization is granted in an agreement among the developer, the city and the county. Such agreement shall at a minimum require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a certificate of occupancy until the plat is recorded. The city and county shall be required to make a finding that facilities and services will be available at the adopted level of service standards concurrent with the issuance of the building permit; or

(D)

A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Board of County Commissioners finds the immediate construction of the governmental facility is essential to the health, safety or welfare of the public and where the board of county commissioners determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of the development of the governmental facility. Such a finding shall be made by agreement with the city. A certificate of occupancy shall not be issued until the plat is recorded.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements in article 605, the applicant shall provide the following materials:

(A)

The applicant shall submit proof of plat submittal to the Broward County Development Management Division for concurrent processing.

(B)

The proposed plat, containing all of the data requirements in section 640-30, and in the quantity specified on the application form.

(C)

A conceptual access plan, drawn at a standard engineering scale no smaller than one (1) inch = one hundred (100) feet, except when a smaller scale is approved by the community development director. The conceptual access plan shall include:

(1)

The location of the centerline, with dimensions from known land ties, such as section lines or centerlines of right-of-way, of all proposed access locations on all public rights-of-way abutting the plat.

(2)

The number and direction of lanes proposed for each driveway or roadway access location.

(3)

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to the outer edge of any interior service drive or parking space with direct access to the driveway in the access location.

(4)

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to any proposed gate location.

(D)

A current survey (no older than six (6) months) which shows the following:

(1)

The location of all existing structures, paved areas and easements on the property.

(2)

Existing roadway details adjacent to the property including rights-of-way, pavement widths, sidewalks, driveways (curb cuts), curb and gutter, turn lanes, bus bay, medians, median openings, traffic signals and signal equipment, street lights, pull boxes, utility poles and utility equipment, drainage structures, and fire hydrants.

(E)

An application for plat approval which abuts a trafficway which is functionally classified as a state road and which proposes direct vehicle access to the state road, shall also be accompanied by a valid preapplication approval letter from the Florida Department of Transportation issued pursuant to the "state highway system access management classification system and standards," as amended.

(F)

Master sheet required. Where a plat proposes development in phases, or where the graphical portion of plat covers multiple sheets, a master plat sheet shall be submitted covering all proposed phases/land area.

(G)

Location of off-site water and sewer lines, proposed connection location, and route the lines will take.

(H)

Improvements plan. Any proposed improvements to be constructed in connection with the plat shall be described in an improvements plan as set forth in section 640-90.

(I)

Tax receipts. All plat submittals shall include tax receipts for all parcels included in the subdivision together with a notarized statement that no lien or liens are imposed on properties included in the plat.

(J)

Deed restrictions. Any existing or proposed deed restrictions for properties included in the plat must accompany the plat application.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The plat drawing shall be printed on twenty-four-inch × thirty-six-inch paper.

(B)

The plat shall be drawn at a standard engineering scale no smaller than one (1) inch = one hundred (100) feet except when a smaller scale is approved by the Broward County Highway Construction and Engineering Division, Plat Section.

(C)

The plat shall contain the following:

(1)

Proposed subdivision name or identifying title. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in Broward County as would confuse the records or mislead the public as to the identity of the subdivision, except when an existing subdivision is subdivided as an additional unit or section by the same developer or his successors in title.

(2)

A plat location sketch showing the plat in relation to a nearby intersection of two (2) arterial, collector or other well-established existing roadways.

(3)

North arrow, scale and date.

(4)

Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats.

(5)

All existing streets and alleys on or adjacent to the tract, including name and right-of-way width.

(6)

The legal description of the property being platted.

(7)

All existing easements and rights-of-way within the plat limits with the purpose and the instrument of record labeled.

(8)

Location and width of all proposed ultimate rights-of-way, alleys, easements; proposed lot lines with dimensions, public areas, and parcels of land proposed or reserved for public use.

(9)

A signature block for the mayor, and community development department, providing spaces for the date of approval, signature, attestation by the city clerk adjacent to the mayor's signature block, and a space for the city seal to be set upon the plat linen. Language preceding the mayor's signature on the plat drawing shall state that the city agrees not to issue building permits for the construction, expansion, or conversion of a building within the plat until such time as the developer provides the city with written confirmation from Broward County that all applicable impact fees have been paid or are not due.

(10)

The land encompassed by the legal description shown on the plat shall be clearly identified with a heavy line, and shall show dimensions, and either bearings or interior angles of said parcel with independent ties to two (2) or more land corners, or independent ties to a recorded subdivision, and one (1) land corner. When a case arises where it is impractical to tie to a land corner because of lost or destroyed monuments, and the parcel can be adequately surveyed independent of said land corners, then the following points will be considered acceptable as land ties: block corners, permanent reference monuments, or permanent control points from a previously recorded plat. The use of these types of land ties shall be subject to approval by the County Surveyor.

(11)

Notes or legend, and any tabular data or other data pertinent to the plat, on each page that contains the drawing.

(12)

Dedication and acknowledgment language.

(13)

Mortgagee approval and acknowledgment language.

(14)

All plat dimensions shall be shown accurate to one-hundredths of a foot, except for riparian boundaries, which may be shown as approximate with a witness line showing complete dimension data. Rows of lots with the same dimensions may use ditto marks providing the first and last lots in the row are appropriately dimensioned.

(15)

Computation of the square footage of each parcel of land and the acreage of the land proposed to be platted accurate to the nearest square foot. All survey and survey information shall be certified by a professional surveyor and mapper licensed in the State of Florida.

(16)

The Surveyor's Certificate shall state conformity with:

(a)

F.S. ch. 177.

(b)

National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third Order Control Standards.

(c)

Applicable sections of Chapter 21 HH-6, Florida Administrative Code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-022, § 10, 7-25-17)

(A)

Any person seeking plat approval must submit the appropriate application, copies, and fee to the community development department.

(B)

The community development director shall coordinate staff review of the plat, pursuant to the DRC procedures identified in Section 715-60, and issuance of review findings to the applicant. When the community development director determines that the plat application satisfies all requirements of this article, the director shall schedule the plat for the next available city commission meeting.

(C)

Public notice shall be made in accordance with article 610.

(D)

The city commission shall review the plat for final disposition and approval of street names for all new streets within the plat.

(E)

Plat applications are matters that are quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the code. The petitioner shall bear the burden of providing competent substantial evidence that the plat should be granted.

(F)

Approval to be granted via resolution.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2016-007, § 11, 3-22-16; Ord. No. 2016-021, § 10, 10-10-16)

(A)

Every plat shall comply with all requirements of this code. The city commission may approve, approve with conditions, or deny a plat application by resolution, based upon its findings relative to the review criteria.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-025, § 7, 10-9-12)

City commission plat approval signifies that the plat satisfies all city requirements for plats, and that the city accepts any right-of-way and easement dedications shown on the plat. The plat does not become effective until it is recorded after approval by the county commission. City commission plat approval does not authorize construction, but is a prerequisite to a site plan approval becoming effective, and to issuance of building permits.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Subsequent to city commission approval of a plat, the plat may be amended by the city commission, except for the following amendments that may be approved administratively.

(1)

Adjustment of lot boundaries within the approved limits of the plat, provided the overall lot pattern and location of streets does not change.

(2)

Increases of up to fifteen (15) percent of the proposed number of square feet of use listed in the restrictive note on a plat.

(3)

Increases in excess of fifteen (15) percent of the proposed number of square feet of use listed in the restrictive note on a plat, if there is a corresponding reduction (in terms of trip generation) in the number of square feet proposed for another nonresidential use within the plat.

(4)

Redistribution of dwelling units or nonresidential building area within a plat that consists of multiple parcels.

(5)

Amendment of the nonvehicular access line location or length.

(B)

The application submittal requirements for administrative approval of a plat amendment shall include the general application requirements of article 605, and any supplemental materials required on the city application form.

(C)

The director may require city commission approval of any plat amendment for which administrative approval is authorized.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-025, § 7, 10-9-12)

Plat expiration shall be governed by the plat expiration provisions of the Broward County Land Development Code. City plat approval shall be deemed to have expired when the plat has expired under the Broward County Land Development Code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Contents of an improvements plan. The improvements plan associated with a plat application shall include information on the type and material of proposed improvements and the cost and schedule to construct said improvements. Part 4 of this code establishes the improvements and facilities that are required when subdividing and developing.

(B)

Modification of improvements plan. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the city engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the city's engineer may, upon approval by the city manager, require modifications provided these modifications are within the spirit and intent of the city commission's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the city. The city engineer shall issue any authorization under this section in writing, sending a copy to the community development director.

(C)

Guarantee of improvements. Prior to city commission approval, the developer shall post a surety bond or other acceptable security pursuant to the requirements of article 420, "Approval, Guarantee and Construction of Off-Site Improvements". The city shall also have the discretion of conditioning the construction of the improvements upon issuance of a building permit or certificate of occupancy.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article specifies the process for changing the zoning map designation of a land in the city. The application and fee requirements of this article shall not apply to city-initiated rezonings.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant shall provide an explanation of how the rezoning is in accordance with the review criteria of section 645-40.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The community development director shall review the application and prepare a report.

(B)

Public notice shall be made in accordance with article 610.

(C)

All rezonings shall be heard by the planning and zoning board acting as the local planning agency, which shall make a recommendation to the city commission.

(D)

The city commission shall consider the application, the staff findings, the recommendation of the planning and zoning board, and the information presented during the public hearing.

(E)

The city commission may approve or deny the application for rezoning based upon the review criteria of section 645-40.

(F)

All rezoning applications shall be processed as ordinances of the city.

(G)

A rezoning shall take effect at the time provided in the ordinance approving the rezoning.

(H)

Rezoning applications are matters that the city attorney may determine to be, based upon the circumstances, quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The petitioner shall bear the burden of providing competent substantial evidence that the rezoning should be granted.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

An application for a rezoning shall be reviewed in accordance with the following criteria:

(1)

The request is consistent with the city's comprehensive plan; and

(2)

The request is consistent with all applicable redevelopment plans, corridor plans, neighborhood plans, and master plans approved by the city commission; and

(3)

The request would not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to adjacent or nearby districts; and

a.

The request furthers the city's adopted community redevelopment plan, if applicable; or

b.

An error or ambiguity must be corrected; or

c.

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

d.

Substantial reasons exist why the property cannot be used in accordance with the existing zoning; or

e.

The rezoning is appropriate for the orderly development of the city and is compatible with existing (conforming) adjacent land uses, and planned adjacent land uses.

(B)

The city commission shall decide on the application by:

(1)

Approving the application by ordinance; or

(2)

Approving by ordinance a modified version of the amendment that may be less restrictive than the current zoning district but more restrictive than the district requested in the application;

(3)

Approving the application by ordinance subject to stipulations volunteered from the applicant that restrict the uses or standards to which the property can be developed under the requested zoning.

(4)

Deny the amendment.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

An applicant may withdraw an application for rezoning at any time prior to a final vote by the city commission on the application. If two (2) applications for rezoning of the same land are withdrawn by the same applicant within one (1) year, no other application to rezone the tract of land shall be considered by the city for at least one (1) year after the date of withdrawal of the second application.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

No application for a rezoning that has been previously denied by the city commission shall be accepted for at least one (1) year after the date of denial. This prohibition shall not apply to an application for a zoning designation that is different than the designation that was previously applied for and denied.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article specifies the process of changing the future land use map designation of a parcel(s) of land in the city or making changes to the text of the future land use element of the adopted comprehensive plan (land use plan). The application and fee requirements shall not apply to city-initiated amendments.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the application shall include an analysis of the potential impacts of the amendment on public services and facilities, and an analysis as to how the application is consistent with the governing policies of the comprehensive plan, as required by F.S., chapter 163, part II. The applicant shall utilize the application form contained in the most recently adopted version of the administrative rules document of the Broward County Land Use Plan, exhibit "B" of appendix 3, "Broward County Planning Council Plan Amendment Requirements And Procedures."

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The community development director shall prepare a report after reviewing the application.

(B)

Public notice shall be made in accordance with article 610.

(C)

The land use plan amendment shall be heard by the planning and zoning board acting as the local planning agency, which shall make a recommendation to the city commission after considering the application, staff findings and information presented at the public hearing.

(D)

The city commission shall conduct a public hearing and shall decide on the application after considering the application, staff findings, and information presented at the public hearing.

(E)

All land use plan amendment applications shall be processed as ordinances of the city in accordance with the applicable city and state requirements.

(F)

A land use plan amendment shall take effect when:

(1)

The Department of Community Affairs issues a final order determining the adopted amendment to be in compliance in accordance with F.S. § 163.3184; and

(2)

For amendments to the future land use element and map, the Broward County Planning Council recertifies the amendment as being in substantial conformity with the Broward County Land Use Plan.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Applications for amendment to the comprehensive plan shall comply with the following criteria:

(1)

An application for a land use plan amendment shall be substantiated by extensive data and analysis and shall not cause the comprehensive plan to be internally inconsistent or in conflict with other local, regional, state or federal laws.

(2)

An application for a land use plan amendment shall undergo a public participatory planning process as required by law and the comprehensive plan.

(3)

An application for a land use plan amendment shall meet any review criteria for amendments as contained in the comprehensive plan.

(B)

The city commission shall decide on the application by:

(1)

Approving the application by ordinance; or

(2)

Approving by ordinance a modified version of the amendment that may be less restrictive than the current zoning district but more restrictive than the district requested in the application; or

(3)

Approving the application by ordinance subject to stipulations volunteered from the applicant that restrict the uses or standards to which the property can be developed under the requested designation; or

(4)

Denying the amendment.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

An applicant may withdraw an application for plan amendment at any time prior to a final vote by the city commission on the application. If two (2) plan amendment applications for the same parcel of property are withdrawn by the same applicant within one (1) year, no other application to amend the land use plan map designation [of] the subject land shall be considered by the city for at least one (1) year after the date of withdrawal of the second application.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

No application for a land use plan amendment that has been previously denied by the city commission shall be accepted for at least one (1) year after the date of denial. This prohibition shall not apply to an application for a land use plan map designation that is different than the designation that was previously applied for and denied.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article shall apply to any request for vacation or abandonment of any public right-of-way or easement. The application and fee requirements shall not apply to city-initiated applications.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In addition to the general application requirements, the applicant shall provide:

(A)

Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated;

(B)

Notarized signatures of property owners abutting affected portions of the right-of-way proposed for vacation, indicating support or objection for the application.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Before any street, alley or other public place appearing on any plat of record and dedicated to the public use can be vacated or abandoned, the person or parties so desiring the vacation or abandonment shall make application to the community development department for such vacation and abandonment. The application shall be made on an application form as provided by the community development director, and the applicant shall submit all required documentation and pay a fee as adopted by the city commission.

(B)

The community development director shall prepare a report after reviewing the application.

(C)

Public notice shall be made in accordance with article 610.

(D)

No platted street, alley or other property dedicated to the public use shall be vacated or abandoned except by a new plat submitted to and approved by the city commission, showing the condition of the area after such vacation and abandonment; however, if it is determined by the city commission that the submission and approval of such new plat would cause an undue hardship to the property owner requesting such a vacation or abandonment, the submission and approval of such new plat may be waived by the city commission.

(E)

All vacation applications shall be processed as ordinances of the city in accordance with the applicable city and state requirements. The application shall be referred to the city planning and zoning board for its recommendation.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 16, 8-9-11)

(A)

The city commission shall hold a public hearing on the application, with notice published once in a newspaper of general circulation published in the city and as provided in Article 610, at a regular meeting of the city commission. The public hearing shall be held following not less than thirty (30) days after the presentation of the application to the planning and zoning board. The city commission shall decide on the request after considering the application, staff findings, and information presented at the public hearing. The city commission may approve, approve with mitigating conditions, or deny an application to vacate right-of-way or the city's interest in an easement based upon the following criteria:

(1)

Whether the vacation will adversely affect access to neighboring properties.

(2)

Whether the subject right-of-way or easement is needed for any public purpose.

(B)

Notice of the passage of such an ordinance by the city commission shall be published one time, within thirty (30) days following its passage, in one issue of a newspaper of general circulation published in Broward County. Proof of publication of public notification, the adopted ordinance, and the proof of publication of the notice of the passage of such ordinance shall be recorded in the public records of Broward County, Florida, with certified copies of same to the board of county commissioners and the property appraiser of Broward County, Florida.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 16, 8-9-11)

Whenever the city commission has acted upon a vacation or abandonment of rights-of-way for property, whether approved or denied, the city commission shall not thereafter consider any further application for the same or any other kind of vacations or abandonments of rights-of-way for any part or all of the same property for a period of one (1) year from the date of approval or denial. The above time limits may be waived by a majority vote of the commission when the commission deems such action necessary to prevent injustice or to facilitate the proper development of the city.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

General applicability. Unless otherwise permitted as an exception under subsection (B) or allowed to continue as a nonconforming use or structure under article 710, "Nonconforming Uses, Structures and Lots," all existing, proposed and new development or redevelopment and uses of land in the city shall conform strictly to the provisions of these land development regulations. Except as expressly provided in these land development regulations, no development or use of land shall be undertaken without prior approval and issuance of a development order pursuant to these land development regulations. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation or enforcement of these land development regulations shall not stop or otherwise prevent the city from strict enforcement of the provisions of these land development regulations, as amended.

(B)

Exceptions, vested rights.

(1)

The provisions of these land development regulations, and any amendments hereto, shall not affect development that has been approved after incorporation of the city, but before adoption of these regulations, or is otherwise exempted in accordance with this subsection or article 710, "Nonconforming Uses, Structures and Lots," of these land development regulations.

(2)

Nothing in these land development regulations shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

(a)

A governmental act of development approval was obtained prior to the effective date of these land development regulations or prior to the effective date of an amendment to these land development regulations; and

(b)

The property owner has detrimentally relied, in good faith, by making substantial expenditures based upon the governmental act of development approval; and

(c)

It would be highly inequitable to deny the property owner the right to complete the development.

(3)

Except as provided in subsection (4) of this section, any property owner claiming to have vested rights under this section must file an application with the community development director for a vested rights determination within one hundred twenty (120) days after the initial effective date of this section (as to any claim of vested rights prior to initial adoption of this section) or within one hundred twenty (120) days after an amendment of these land development regulations (as to any claim of vested rights arising after the initial adoption of these regulations and prior to the subsequent amendment). The application shall be accompanied by a fee as set by resolution of the city commission and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the city and other documentary evidence supporting the claim. The city commission shall review the application and, based upon the evidence submitted, shall make a written determination as to whether the property owner has established vested rights.

(4)

Any property owner claiming to have vested rights under this section, by virtue of:

(i)

A court judgment rendered by a court of competent jurisdiction; or

(ii)

A Broward County vested rights determination; or

(iii)

State Department of Community Affairs vested rights determination

shall file an application with the community development director for a vested rights determination as provided in subsection (3), together with documentation of the applicable qualifying documentary evidence supporting the claim.

Vested rights pursuant to the criteria of this subsection shall be presumed to exist, upon submittal of the qualifying items (subsections (4)(i) through (iii)), unless clear and convincing evidence shows that vested rights have been waived, have expired or are not applicable, in whole or in part.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

During the period of time that the city commission is considering either a text amendment to the city Land Development Code or a change of zoning district, no permit(s) or development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the text amendment or zoning district change be finally enacted by the city commission.

(A)

The period of time of such freeze on permits shall begin on the earlier of:

(1)

Publication of a notice of a public hearing before the city commission to consider a resolution declaring zoning in progress; or

(2)

The planning and zoning board has held its initial public hearing on the text amendment or zoning district change.

(B)

This section shall not apply if:

(1)

The community development director has determined that approval of the application for a permit or development order would not result in the nonconforming or unlawful use of property if such proposed change is to be adopted and in effect; and

(2)

Not more than three (3) months have passed since filing of a complete application for the permit or development order. The three-month zoning-in-progress period may be extended for up to an additional three (3) months by resolution of the city commission where the public interest requires.

(C)

Where the property owner requests a postponement or other delay of an application, such period of delay shall not count against the zoning-in-progress period.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

This article specifies the procedure for processing and disposition of applications for temporary use. Temporary uses are uses of land, buildings or structures that are established for a fixed period of time with the intent to discontinue the use upon the expiration of such time, and which are authorized in this article as temporary accessory or principal uses for time periods proportionate and appropriate to the nature of the temporary use. Temporary uses permitted by this article may not be listed in the use provisions of part 1 of this code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

All temporary uses or special events must be located on developed property with an active business tax receipt issued by the City, or upon city property as authorized in accordance with this article, and must meet one of the following criteria:

(1)

The temporary use or special event must benefit a business currently licensed and occupying a permanent place of business in the City; or

(2)

The temporary use or special event must benefit a not-for-profit entity or charitable organization; or

(3)

The temporary use or special event must be organized and operated solely for charitable purposes; or

(4)

The temporary use or special event must be a private gathering.

This section does not to apply to local shows or amusements held in theaters, auditoriums or permanent buildings designed and permitted for assembly uses.

City sponsored events are exempt from this requirement.

(B)

The following temporary uses and special events shall be approved by the City Commission after staff review and recommendation, as provided in this subsection:

(1)

Events with more than five hundred (500) persons in attendance;

(2)

Consecutive Multi-day events; or

The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent administrative approval by the City Manager or designee of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring seasonally but no more than four (4) times per calendar year) at specific locations except as provided in section 675-20(F) and section 675-20(G). Recurring events subject to administrative approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval.

(C)

Notwithstanding the provisions of this section, the following temporary uses are authorized in the commercial, industrial and CRA mixed-use districts, and on lots developed for assembly and institutional uses in other zoning districts subject to approval of the City Manager or designee after staff review and recommendation, as provided in this subsection. The City Manager or designee may require City Commission approval of any temporary use or special event which is normally subject to administrative approval under this subsection, if the City Manager or designee has determined that neighboring property may be impacted by the proposed event.

(1)

Temporary sales of a seasonal nature (e.g., holiday sales of Christmas trees, pumpkins for Halloween), excluding fireworks and sparklers; and

(2)

Events with less than five-hundred (500) persons in attendance.

(D)

The following temporary uses are permitted without further review, in connection with development projects which are subject to City Commission approval, unless the use was previously reviewed during the site plan approval process, in which case administrative approval is authorized.

(1)

Offices for sale of real estate or for persons engaged in the development, within temporary buildings or office trailers which are approved consistent with all building permit submittal requirements for temporary structures.

(2)

Construction materials storage and processing.

(3)

Equipment storage.

(4)

Model homes or sample apartments.

(5)

Activities of religious, institutional, or governmental entity under construction, reconstruction, renovation or enlargement.

(6)

Ground-breaking ceremonies on the site of a future development.

(7)

Temporary parking associated with construction of an approved site plan.

(E)

Garage (yard) sales are permitted subject to the limitation on frequency and license requirement set forth in chapter 21, article 3 of the Code of Ordinances, and the signage allowance in section 505-170(I). Garages sales located on property within a non-residential zoning district shall be subject to temporary use approval by the City Commission in accordance with the procedure provided in this section.

(F)

Notwithstanding the above standards and regulations, Community Redevelopment Agency (CRA) and City sponsored special events, along with properties which are zoned PMUD or properties subject to a Florida pari-mutuel license and a development agreement with the City, may exceed the maximum limit of four (4) times per calendar year for recurring events or uses, subject to administrative review and approval by the City Manager or designee. Applications for recurring temporary uses and special events exceeding four (4) times per calendar year shall provide a Special Event Annual Program package that shall include information identifying each of the proposed events, with a description and parameters of each use, the dates and times for each event for the entire calendar year, and the location or zone of all events. The City Manager or designee may impose reasonable conditions as provided for in section 675-40(c) necessary to ensure the public health, safety, and general welfare. In addition to the foregoing, properties subject to a Florida pari-mutuel license and a development agreement with the city may also request approval for the temporary use of up to three hundred (300) parking spaces constituting surplus parking located within the pari-mutuel facility for the parking of licensed and operational passenger vehicles by a third party with an active business license within the City subject to the following conditions:

(1)

All passenger vehicles must be parked in a designated parking space;

(2)

The parking of recreational vehicles, panel truck or construction vehicles are not permitted in any area designated for temporary parking pursuant to this subsection;

(3)

Any temporary parking approved pursuant to this subsection shall be located at least one hundred twenty-five (125) feet from the property line of any property zoned or used for residential uses and not owned by the pari-mutuel.

Any such approval may be granted by the City Commission for up to eighteen (18) months. The Director of Community Development has the discretion to approve further consecutive one hundred eighty (180) days extensions for the temporary use upon further written request. In no event shall more than two (2) consecutive extensions be granted for any temporary use approved by this subsection unless extended by the City Commission.

(G)

All temporary uses and special events approved subject to the standards and requirements set forth under this article are deemed to be a privilege and not a right, which may be revoked by the City for failure to comply with any of the provisions of this article or any other local, state or federal law governing the event. Approved temporary uses and special events may also be revoked if such revocation is in the best interest of the City based on emergency, disorder or other unforeseen conditions.

(H)

All temporary uses or special events for mobile food vendor events shall be approved by the City Commission pursuant to the criteria set forth in subsections (A) and (B). The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent administrative approval by the City Manager or designee of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring seasonally but no more than eight (8) times per calendar year) at specific locations. Recurring events subject to administrative approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval.

(I)

A temporary structure permit for up to one hundred eighty (180) days can be approved by the Building Official with the submittal of an affidavit stating all the required information and time limits.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 14, 5-8-12; Ord. No. 2012-025, § 8, 10-9-12; Ord. No. 2013-001, § 8, 2-26-13; Ord. No. 2013-004, § 10, 6-25-13; Ord. No. 2015-024, § 11, 10-27-15; Ord. No. 2016-004, § 12, 3-22-16; Ord. No. 2018-010, § 2, 6-12-18; Ord. No. 2018-018, § 3, 9-25-18; Ord. No. 2019-026, § 5, 12-10-19; Ord. No. 2021-013, § 2, 3-9-21; Ord. No. 2021-018, § 2, 8-24-21; Ord. No. 2022-004, § 1, 1-11-22)

In addition to the general application submittal requirements of article 605 and building permit submittal requirements for temporary structures, the applicant shall provide documentation addressing the considerations required for approval of a temporary use in section 675-40, including, but not limited to, the following, any of which may be waived if not pertinent to the specific request.

(A)

Site layout sketch showing the location of various activities;

(B)

Off-street parking facilities and access points;

(C)

Proposed dates and hours of operation;

(D)

Proposed special event signage in accordance with section 505-170 (Temporary signs);

(E)

Proposed use of sound amplification equipment;

(F)

Identification of all proposed temporary structures and equipment;

(G)

Whether food or alcoholic beverages will be provided, and copies of appropriate licenses for same;

(H)

Proposed outdoor lighting.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

The City Manager or designee shall review the application and all support documents for completeness. The City Manager or designee shall notify the applicant of any deficiencies in the application or support documents and specify what additional requirements must be met. Once the city manager or designee has determined that the application and support documents are complete, the application and support documents shall be distributed for staff review.

(B)

Once the required documentation has been provided, the application will be scheduled for hearing on the agenda of the next available City Commission meeting, if City Commission approval is required pursuant to section 675-20.

(C)

For applications subject to City Commission review pursuant to section 675-20, the City Commission shall approve, approve with conditions, or deny the proposed application at a public hearing based upon the applicant's demonstration that the use will be in compliance with the terms of this article and all pertinent code requirements, and that adequate provision and assurance has been made for traffic control, trash cleanup, special event signage, public safety considerations, and compatibility with adjacent uses. For applications subject to administrative review and approval by the City Manager or designee, staff shall determine that the foregoing requirements are met prior to approval of the application. The City Commission, or City Manager or designee (as applicable under section 675-20), may impose reasonable conditions as are necessary to ensure compliance with the applicable standards of these land development regulations.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 14, 5-8-12; Ord. No. 2013-001, § 8, 2-26-13; Ord. No. 2021-013, § 3, 3-9-21)

(A)

For the purposes of this subsection only:

(1)

"Person" shall mean an individual or firm acting either on behalf of himself, herself or another party and whether or not for compensation, remuneration or commission.

(2)

"Ex parte communication" means any verbal or written communication conducted outside of a public meeting between a person and the mayor, a city commissioner or city board member, which communication is intended by the person making it, or could reasonably be considered or interpreted by the mayor, commissioner or board or agency member, to influence the outcome of a quasi-judicial proceeding. A written communication relating to a quasi-judicial proceeding shall not be considered as violative of this section but shall, upon receipt by the mayor, commissioner, board or agency member, be a public document open to public inspection and shall be made a part of the public record of the quasi-judicial proceeding.

(3)

"Quasi-judicial proceeding" means a non-legislative proceeding wherein the mayor, commissioners or board members are required to ascertain the existence of facts and draw conclusions from them as a basis for their respective official action. The term "quasi-judicial proceeding" refers to the following: site-specific rezonings, special exceptions, variances, site plan approvals, conditional uses, and licensing decisions including extended hours licenses and distance waivers, and those quasi-judicial decisions made by city administrative boards including but not limited to, the city commission, local planning agency, planning and zoning board, community redevelopment agency and other applicable boards. Any person, including a city official, who is uncertain as to whether a particular proceeding constitutes a "quasi-judicial" proceeding may request and rely upon an opinion of the city attorney.

(B)

Quasi-judicial hearings. All matters which are defined as quasi-judicial in nature shall utilize quasi-judicial hearing procedures. The applicant bears the burden of proof in all quasi-judicial proceedings.

(1)

A quasi-judicial hearing shall be conducted in a fair, open and impartial procedure to ensure procedural due process and maintain citizen access to the city's decision-making process where review of applications requires quasi-judicial hearings. These hearings shall be conducted in a manner recognizing both the legislative and judicial aspects of the city's decision-making process in quasi-judicial hearings. Quasi-judicial hearings shall only apply to the hearings held by the city commission, or other city board, agency or group with the authority to make the final decision in regard to the development application.

(2)

A quasi-judicial hearing shall generally follow the following procedure.

(a)

Speakers. All speakers who wish to participate in a quasi-judicial hearing shall be collectively sworn in. Persons refusing to be either cross-examined or sworn, may speak and their testimony will be given its due weight. Persons representing organizations must present evidence of their authority to speak for the organization.

(b)

Testimony. Presentations will be permitted by staff and the applicant, after which the decision making body will hear testimony from the public in favor or an opposition to the application. The applicant, staff, any commissioner or any or all of the foregoing may cross-examine any witnesses, including members of the public. The public may request that the commission or applicable city board ask questions of a witness on their behalf. The public hearing will conclude with the final remarks by staff and the applicant.

(c)

Evidence. All quasi-judicial decisions must be based upon competent substantial evidence presented at the hearing. All backup materials provided as a part of the agenda will automatically be made a part of the record of the hearing.

(d)

Conditions. All approvals will be subject to staff-recommended conditions, unless otherwise stated in the motion for approval.

(C)

Ex parte communications on quasi-judicial proceedings.

(1)

This section incorporates F.S. § 286.0115(1), as amended, and shall be construed so as to be consistent therewith.

(2)

A commissioner, board member, agency member, or the mayor may choose to discuss the merits of any matter of upon which action may be taken by the board in quasi-judicial hearing with any person not otherwise prohibited by statute, charter provision, or ordinance if the commissioner, board member, agency member, or the mayor complies with the following procedures in subsections (3) and (4) below.

(3)

Compliance with the following procedures shall remove the presumption of prejudice arising from ex-parte communication with a commissioner, board member, agency member, or the mayor:

(a)

Oral communications. The subject of the communication and the identity of the person, group, or entity with whom the communication took place shall be disclosed prior to the public hearing and made a part of the record, or if unable to disclose prior to the meeting, disclosed on the record at the public hearing before final action on the matter. At the quasi-judicial hearing, any party or participant may ask that the ex parte disclosures be read. The parties and participants may contest the accuracy of the matters disclosed.

(b)

Written communications. Any written communication related to a quasi-judicial matter pending before the board, commission, or agency shall be forwarded to the appropriate staff for inclusion in the official file, and shall be disclosed on the record before final action on the matter. It shall be the responsibility of the applicant and participants to review the official file periodically to determine whether written ex-parte communications have been placed in the official file.

(c)

Investigations and site visits. Commissioners, board members, agency members, or the mayor may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigations, site visit, or expert opinion is made a part of the record before final action on the matter.

(4)

Disclosure. Disclosures must be made before or during the public meeting at which a final decision making vote is taken on such matters to afford persons a reasonable opportunity to refute or respond to the communication.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-009, § 12, 4-28-15)

With respect to the possible issuance, in error, of a permit which may appear to authorize some type of construction in violation of the provisions of this Land Development Code, or other ordinances of the city, the following provisions shall apply:

(A)

The issuance or granting of a permit or the approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of any violation of any of the provisions of this Land Development Code. No permit presuming to give authority to violate or cancel the provisions of this Land Development Code, shall be valid except insofar as the work or use which it authorizes is legal;

(B)

The issuance of a permit upon plans and specifications shall not prevent the city from thereafter requiring the correction of errors in the plans and specifications, or preventing building operations being carried on hereunder when in violation of the code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

It shall be unlawful to use, erect, move, or otherwise alter a building, structure, or part of a building or structure; or to use, clear, fill, excavate, move, pave, grade, or otherwise alter land or water unless a permit consistent with all applicable provisions of the code shall have been first obtained for such work. The city shall establish all requirements for such permits, including, but not limited to, application requirements, fees, and required inspections, except for fees for permits issued under the building code.

(B)

No development order or permit shall be issued which is not in conformity with all the provisions of the code and the adopted comprehensive plan.

(C)

No license, permit or certificate shall be issued by any department or official of the city, nor authorized agent for the city, for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve, in any way, or constitute, a violation of the code, nor shall any license, permit or certificate be issued upon any premises where there is a violation of the code. The city manager is authorized to require the execution of an agreement for recording where the administrator deems it necessary for enforcement of these regulations.

(D)

Any application for a development permit required or authorized under the code shall require an effective development order to be granted by the city manager or the city commission, as applicable, prior to issuance of the development permit. No permit may be issued that is inconsistent with a development order.

(E)

The city shall withhold issuance of development orders and permits when there are outstanding code violations on a property, and the property owner has not entered into an order or been found in compliance by the city. Development orders and permits necessary for correcting the violation are not subject to this provision. Any violation of a previously approved development order or permit, including any condition of approval attached thereto, shall constitute such a violation.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Upon receipt of an application for the issuance of any development order or permit, the community development director shall determine whether:

(A)

The applicant has any delinquent special assessment, utility, code compliance, or other lien by the city against said real estate involved, or any other real estate owned by the applicant or owned by the applicant at the time of the creating of the lien. In the event that there is such a delinquent lien, the application for development order or permit shall be administratively processed to completion, but shall not be approved, and applications requiring a public hearing shall not be scheduled for public hearing until the delinquent lien has been fully paid.

(B)

The applicant or property owner has been cited for any code violations that have not been placed into compliance. In the event that there is an outstanding violation, the application for development order or permit shall be administratively processed to completion, but shall not be approved, and applications requiring a public hearing shall not be scheduled for public hearing until the violation has been placed into compliance.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

All lots shall be maintained in accordance with the approved site plan, building permit plans and any other city-approved plans unless the city approves subsequent changes pursuant to the procedures and requirements of the code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Development proposed in an application that has been accepted as complete by the city, or which has been reviewed, approved, or both, by the city pursuant to code provisions in effect prior to the effective date of this code or amendment hereto, shall continue to be required to meet the code regulations in effect at the time of the application.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

When the community development director is not satisfied that the applicant's proposed development will meet the requirements of this Land Development Code, the director shall reject the application for permit, and the applicant may appeal to the city commission for a reversal of the director's decision pursuant to article 615 (Administrative Appeals). The director's refusal shall be written and state the reason for denial.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Misrepresentation or withholding of information by an applicant or party to an application, whether intentional or not, shall provide grounds for revocation of any approvals or permits issued based in any part upon the misrepresentation or withheld information.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

Any permit or development order issued pursuant to this code, for which an expiration timeframe is not established in this code, shall be valid for a period of one hundred eighty (180) days from the date of issuance unless a different expiration is otherwise provided by official action of the city commission or special master. The community development director may renew such a permit or development order for one (1) additional six-month period subject to compliance with current requirements of the code in effect at the time of application for renewal. After the date of expiration, the development order shall be null and void. A new development application shall be filed and shall be subject to the current requirements of the code. Expiration and extension of building permits are under the jurisdiction of the building code.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

It shall be unlawful to use or permit the use of any building or premises thereon hereafter created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy is issued by the building official.

(B)

No certificate of occupancy shall be issued for any principal building unless and until all improvements required by plat, and all improvements shown on the approved site plan, including, but not limited to, common recreational facilities and amenities, have been provided and have passed final inspection by the city, except as follows:

(1)

For plats and site plans approved for construction in phases by the city commission, this requirement shall apply to the particular phase in which the certificate of occupancy is sought.

(2)

This requirement shall not apply to the final lift of asphalt pavement and permanent pavement markings.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

In the event any person violates any of the conditions of a city permit, or any of the provisions of the Code of Ordinances, the city commission may revoke or modify the permit, after conducting a public hearing on the matter for which the city shall notify the permittee in writing at least ten (10) days prior to the hearing.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

An administrative fee shall be imposed for the various costs of the city's administrative and outside fee consultant processing and review of applications, submissions or requests concerning development, utilization or improvement of realty in the City of Dania Beach (hereafter, "review requests"), such fee to be equal in amount to the city's actual costs, in terms of staff and outside fee for consultants' time expended in such review and processing, and a surcharge for certain requested fast-tracking plan reviews and inspections as provided for in subsection (E), including advertising and similar directly related charges.

(B)

Persons who file any review request which necessitates administrative or outside fee consultant review and processing, shall pay prior to or at the time the review request is made, an initial preliminary deposit which shall be credited toward the fee charged for such review and processing, and shall pay additional deposits as may be required from time to time.

(C)

When the person pays the initial deposit, a financial account for said person's review request (the "project account") will be opened and maintained throughout the entire review process until the person receives a certificate of occupancy or the community development director determines that no further city action is necessary for the review and processing of the review request, at either of which times the project account will be closed and any remaining funds shall be refunded to the person depositing same no later than two (2) months after the project account's closing date. The project account will be monitored on a periodic basis. Whenever the account balance is zero or negative, a supplemental deposit will be required before any further review or processing continues. The person making the initial deposit will be notified when a supplemental deposit will be required. The amount of the supplemental deposit will be fifty (50) percent of the initial deposit. Several supplemental deposits may be necessary depending on the complexity of the review request.

(D)

The staff of the various departments of the city and the city's outside fee consultants who are involved in the review and processing of review requests shall maintain records of the time expended and tasks conducted regarding each such request. A debit based upon the time expended and the applicable hourly rate (plus a surcharge as provided in subsection (E) for certain requested work on fast-tracking projects) shall be charged against the project account. For purposes of this program, the applicable hourly rate shall be equal to a staff person's actual hourly rate of pay (if such person is paid by the hour) or an approximation of his or her hourly compensation (based upon weekly salary divided by forty (40) hours, together with an additional factor reflecting said person's hourly value of fringe and pension benefits), if said staff person is a person who is compensated on a salary basis. The applicable hourly rate for review and processing by the city's outside fee consultants shall equal their actual hourly charge for such review and processing. A debit against the project account shall also be made which shall reflect the costs of administering this program, which charge shall be based upon the actual effort involved for such administration.

(E)

This authorized program shall not replace the imposition and collection of structure permit fees, which building permit fees shall be collected to defray the costs of up to two (2) nonpriority structure plan reviews in a normal single-plan review procedure or up to two (2) nonpriority plan reviews in a fast-tracking plan review procedure, and inspections which are not requested on a priority basis and which are requested when the community development department or public services department is open during regular hours (or during the regular business hours of any city outside fee consultant engineering firm).

(1)

For the purpose of this section, "fast-tracking" is defined as a method of construction where plans for component parts of a structure are reviewed on an as-being built basis (including pre and postpermit meetings with staff for such multiple plan critiques).

(2)

When "fast-tracking" inspections or plan reviews are requested on a priority basis, or when the same plan for a component part of a structure is reviewed more than twice, the applicable hourly rate for staff and outside fee consultants involved in such review and inspections, together with a surcharge of such applicable hourly rate(s), (such surcharge to be implemented, established and changed from time to time by resolution), shall be assessed against the project account of the person requesting such work.

(3)

When non-"fast-tracking" inspections or plan reviews are requested on a priority basis, or when the same plan is reviewed more than twice, the applicable hourly rate for staff and outside fee consultants involved in such reviews and inspections shall be assessed against the project account of the person requesting same.

(4)

The cost of any inspections (for "fast-tracking" and non-"fast-tracking" development) which are requested when the building and zoning department or engineering department would normally be closed (or outside of the regular business hours of any city outside fee consultant engineering firm) shall be assessed against the project accounts of the person requesting same.

(F)

The amount of the initial deposit for the different types of review requests shall be established, and from time to time amended, by resolution of the city commission. It is the express intent of the city commission in enacting this cost recovery program that the city's costs of administrative and outside fee consultant review and processing of review requests, as required or necessitated now or in the future by the city's ordinances, resolutions, policies or procedures, shall be borne by the person initiating the review request. To the extent that this authorized program is not fully implemented by resolution as provided, the fees and charges provided for elsewhere in the code of ordinances immediately before the enactment of this ordinance for such unimplemented review and processing, if any, shall be valid as not inconsistent with this program, fully chargeable, levied and collected.

(G)

This program shall not apply to review requests which are originally initiated by or on behalf of the city or another governmental entity acting in its governmental capacity; such as, but not limited to, department of transportation highway proposal commentary, reviews of Broward County transportation improvements, review of government-initiated amendments to the Broward County or local land use plans of adjacent municipalities, and review of developments of regional impact in neighboring jurisdictions; provided however, that the initiating government entity does not charge the city for its review, processing and comment upon the city's review requests of a similar type or nature.

(H)

The preceding subsection (G) shall not apply to review requests which are initiated by another governmental entity or agency acting in a corporate or proprietary capacity, such action including, but not limited to, a governmental entity's review requests incident to the erection of buildings or structures within Dania Beach (such as post offices, libraries or governmental office buildings).

(I)

Except as provided in this code, any notification of supplemental deposits the city provides pursuant to this section to a person initiating a review request shall be deemed sufficient if made by a telephone call to such person or his or her agent with a conforming certified letter to follow. It shall be the duty of persons initiating review requests to provide a continuously updated address and telephone number where said persons or their agents can be reached for purposes of such notification. If an attempt to notify a person initiating a review request or his or her agent is frustrated because such furnished phone numbers or addresses were not correct or up to date when the notification attempt was made, such frustrated attempt shall be deemed sufficient notice for purposes of this article.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(A)

Intent. The intent of this article is to provide an expedited review process for qualified businesses which are new, or which seek to expand or relocate within the city.

(B)

Determinations. The city manager or the economic development manager, or both, shall make the final determination regarding whether a business is entitled to utilize expedited processing authorized in this article, in accordance with the eligibility criteria as set forth below.

(C)

Eligibility. In order to be eligible for expedited processing, a business must meet each of the following eligibility criteria:

(1)

Demonstrate that the property location is properly zoned and platted for its intended use;

(2)

Demonstrate that the business falls into one of the targeted industry designations as defined by Section 9½-51 of the Broward County Code of Ordinances or is a business which is supportive of the economic vitality of the city;

(3)

Demonstrate the capability to create new full-time positions within the first two (2) years of operation or within two (2) years of expansion or relocation of its operation within the city;

(4)

Demonstrate that new employment positions at the business shall be value-added employment based on the average salary paid by the employer. "Value-added employment" means that the average salary for new employment positions being created are at least fifteen (15) percent higher than the average current per capita income level in Broward County or fifteen (15) percent higher than the industry average as reported by the Bureau of Economic and Business Research, University of Florida; and

(5)

Submit financial information to the city manager or the economic development manager, or both, to establish solvency and status as an ongoing business. The city manager, or his or her designee, shall determine the nature and extent of financial information required to make such a determination.

(D)

Expedited processing. For those eligible businesses that satisfy the requirements of subsection (D) above, as determined by the city manager or the economic development manager, or both, the city shall:

(1)

Designate the economic development manager as the single point of contact with the responsibility of assisting the business applicant throughout the city development application and permitting process. The community development department will designate a staff member as an alternate in the absence of the economic development manager;

(2)

Through the economic development manager, create a development plan team (the "team") that includes representatives from the building division, the community development department, division of fire rescue, the public works department, the Broward Sheriff's Office and other applicable city departments. The team shall establish the necessary steps required for project approval and permitting in a pre-application meeting and subsequently prepare a timetable within three (3) business days for the completion of the development application review and permitting process. A plans' review timeline shall be developed and agreed upon by the team and the applicant, which shall include submittal deadlines and review for all development related issues;

(3)

Give the subject applicant priority at every phase of the development application review and permitting process by city staff;

(4)

Expedite the scheduling of public hearings to the extent possible if applicable to an application;

(5)

Use its best efforts to provide the applicant with comments relative to the city's development review within seven (7) business days of the submission of a completed development application by the applicant;

(6)

Coordinate with the applicant and, to the extent necessary, schedule in-person or telephone meetings between city staff and the applicant throughout the development application review and permitting process. The city shall use its best efforts to schedule such meetings within three (3) business days of the applicant's notification of the issues; and

(7)

Establish an online database which will enable and allow business applicants to review their permit review comments in real time.

(Ord. No. 2011-034, § 2, 11-22-11)