These regulations shall be known and referred to as the "Town of Davie Land Development Code," and shall include all texts, tables, figures, illustrations and maps herein.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2012-28, § 1(Exh. A), 12-5-12)

This chapter conforms to the Town of Davie Comprehensive Plan, and furthers the goals, objectives and policies contained herein. Further, this chapter is in conformance with Chapter 163, Florida Statutes. This chapter conforms with Chapter 171, Florida Statutes relating to the effects of annexation on the zoning of annexed areas.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2003-021, § 1, 5-21-03; Ord. No. 2012-28, § 1(Exh. A), 12-5-12)

The provisions of this chapter shall apply to all land and water within the incorporated boundaries of the Town of Davie except as may be necessary to honor pre-annexation agreements or other legal agreements which require the retention of Broward County or Hacienda Village zoning districts. Except where expressly addressed by prior agreement with the town, all real property within the town shall be designated with a Town of Davie zoning district pursuant to this chapter prior to issuance of a development permit. In no case shall a sexually oriented business or medical marijuana dispensary, as defined by this chapter be established on land not designated with a Town of Davie zoning district in accordance with this chapter.

(Ord. No. 2012-28, § 1(Exh. A), 12-5-12; Ord. No. 2017-032, § 2(Exh. A), 11-1-17)

Throughout this chapter, subsections prefaced Commentary are included to ensure a complete understanding of the purpose and reasoning of the town in adopting that particular section of the chapter. Each commentary is included and intended as an official statement of legislative finding or purpose. The commentaries have been legislatively adopted together with the more formal text of the chapter. They are intended as a guide to the administration and interpretation of the chapter and shall be treated in the same manner as other aspects of legislative history.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2012-28, § 1(Exh. A), 12-5-12)

These regulations are enacted to protect, promote and improve the public health, safety, order, appearance, morals and general welfare of the citizens of the Town of Davie, Florida, through the adoption of minimum regulations controlling the use of land, buildings and structures, and improvement thereon. This chapter implements policies regarding the preservation of the community character; maintenance of a rational pattern of land use; protection of natural resources; assurance of adequate public infrastructure concomitant with development impacts; protection and enhancement of taxable values of land and buildings; and appropriate administration of procedures and enforcement activities.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2012-28, § 1(Exh. A), 12-5-12)

Certain words used in these regulations have been defined in this chapter. Where this is the case, they shall have the meanings given in the applicable subsection. Where words have not been defined, the most recent edition of Webster's Unabridged Dictionary definitions shall prevail. Rules of interpretation shall follow the guidelines contained in section 12-501, Word Usage, and section 12-502, Abbreviations.

Administrators, judicial figures and other persons shall interpret this chapter based on an understanding of the purposes intended by the Town of Davie Town Council as noted in this chapter and in the Comprehensive Plan. The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed land use. To this end, those called upon to interpret this chapter shall proceed as follows:

(A)

Determine the public purpose(s) of the standard(s) with respect to which an interpretation is required.

Commentary: Before any zoning interpretation is made, there must be an explicit identification of the purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable negative impact or potential. A sound interpretation of any such standard cannot be ensured without a careful analysis of the end to which the regulation is directed.

(B)

Determine the actual impact of various proposed interpretations, permitting flexibility in design but prohibiting any interpretation that lowers the protection afforded to the public.

Commentary: There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use and an interpretation which permits a new or not previously permitted use, or which allows a use to be enlarged, or have its intensity increased beyond the degree specified in this chapter. Design freedom is to be encouraged while a lowering of standards is to be prohibited.

(C)

Determine that the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal.

Commentary: If an interpretation would merely allow a design solution which is more flexible, albeit slightly different from the one expressly stated; and if it would result in no less a degree of protection to any affected party (either the adjoining landowners, the public at large or the property owner), such an interpretation may be appropriately made. Any interpretation which would result in an identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this chapter. Similarly, any interpretation which would either increase the nuisance potential of any use, or alter the purpose for which the regulation was adopted, shall be considered counter to the legislative intent of this chapter. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted should only be made when the party interpreting this chapter has the power to impose additional restrictions or conditions to protect the public and exercises this power.

(D)

This chapter has been carefully designed by the Town of Davie Town Council to avoid regulations that either sacrifice legitimate public goals, including the protection of adjoining property owners, or require undue limitations on the ability of property owners to use their land in manners consistent with the goals of the Comprehensive Plan for the town. Great care has been taken to both balance the rights of competing groups and achieve maximum protection with flexibility and a range of use options.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2012-28, § 1(Exh. A), 12-5-12)