The Town of Davie Comprehensive Plan is hereby adopted by the council of the Town of Davie, Florida, pursuant to its authority under the Local Government Comprehensive Planning and Land Development Regulation Act of 1985.

(Ord. No. 90-4, § 7, 2-21-90)

The purpose of this section is to guide the processing of amendments to the future land use element of the Town of Davie Comprehensive Plan.

When used in this division, the following words shall have the meanings ascribed herein:

County land use plan amendment shall mean a redesignation of property on the Davie Land Use Plan which by virtue of its nature also requires an amendment to the Broward County Land Use Plan through application to the Broward County Planning Council.

Local land use plan amendment shall mean a redesignation of property on the Davie Land Use Plan which does not also require an amendment to the Broward County Land Use Plan. A local land use plan amendment shall become effective only after the Town of Davie Land Use Plan is recertified by the Broward County Planning Council.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Application for local or county land use plan amendments shall [be] submitted to the town on forms provided by the town administrator or his or her designee, along with a fee as set by resolution of the town council.

(B)

For proposed land use plan amendments, a comparative land use impact statement shall be prepared, using professionally accepted planning and engineering methods and standards. At a minimum, such impact statement shall address impacts upon the availability of the following essential services:

(1)

Potable water;

(2)

Wastewater treatment and disposal;

(3)

Solid waste disposal;

(4)

Drainage;

(5)

Regional transportation;

(6)

Local streets and roads (safety and adequacy of access between the site and the regional transportation network, including capacity availability of trafficways);

(7)

Fire protection;

(8)

Police protection;

(9)

School sites and pupil generation;

(10)

Recreation and open space.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 97-40, § 1, 7-16-97; Ord. No. 2004-031, § 3, 10-6-04; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

Public hearings for planning and development applications hereunder may be deferred or tabled twice by the applicant(s) and automatically rescheduled. Upon request for a third deferral or tabling, including any deferrals granted by the planning and zoning, the town council may direct staff to withdraw the application on behalf of the applicant. Further consideration of the application after withdrawal by staff will require payment of a new application fee and resubmission of any materials that the staff deems necessary for reprocessing the application, based on the need for updating or other revision.

(Ord. No. 97-8, § 1, 1-22-97; Ord. No. 2011-16, § 2(Exh. A), 4-20-11; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

Editor's note— Section 1 of Ord. No. 97-8, adopted January 22, 1997, amended the Code by adding § 12-299.1. In order to keep like material together, such new provisions were included herein as § 12-302.1.

(A)

A sign shall be posted by the applicant on each perimeter street frontage of the land which is the subject of the proposed land use plan amendment not less than fourteen (14) days prior to the hearing of the planning and zoning board; provided, however, this requirement shall not apply to plan amendments exceeding five hundred (500) acres initiated by the town. The applicant shall provide digital photos showing sign placement and verifying that the following information is provided:

(1)

Time, place and date of hearings by the planning and zoning board and council;

(2)

Amendment number and phone number for information about the proposed land use plan amendment;

(3)

Existing and proposed land use plan designations.

(B)

In addition to any requirements of the Florida Statutes, not less than fourteen (14) days prior to the hearing by the planning and zoning board, the applicant shall provide notice by mail to surrounding property owners as follows. Town staff shall provide the applicant a mailing template that includes all required notice information along with a mailing list identifying all property owners within five hundred (500) feet of the exterior boundary of the subject parcel of land as indicated on the latest Broward County Tax rolls. Notification of property owners outside of the town limits is not required provided that the appropriate governing body is notified. The applicant shall be responsible for the mailing but shall allow the town to verify correctness, either by delivering the stamped, addressed envelopes to the town prior to mailing or by utilizing a USPS-compatible direct-mail system that will provide the town with an electronic verification of the date, time and content of the mailing. The mailing of such notices shall constitute service.

(C)

In the event the notification area includes land declared to be a condominium under F.S. Chapter 718, then notice to the condominium association shall constitute notice.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 96-40, § 1, 9-18-96; Ord. No. 97-40, § 1, 7-16-97; Ord. No. 2011-16, § 2(Exh. A), 4-20-11; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

(A)

The planning and zoning board shall hold its public hearing and make recommendation upon the application to the town council based upon its consideration of, where applicable, whether or not:

(1)

The proposed change is contrary to the adopted comprehensive plan as amended, or any element or portion thereof;

(2)

The proposed change would create an isolated district unrelated and incompatible with adjacent and nearby districts;

(3)

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(4)

The proposed change will adversely affect living conditions in the neighborhood or the Town of Davie;

(5)

The proposed change will create or excessively increase automobile and vehicular traffic congestion or otherwise affect public safety;

(6)

The proposed change will adversely affect other property values;

(7)

The proposed change will be a deterrent to the improvement or development of other property in accord with existing regulations;

(8)

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the welfare of the general public;

(9)

There are substantial reasons the property cannot be used in accord with existing regulations;

(10)

The proposed land use designation is the most appropriate designation to enhance the town's tax base, given the site location relative to the pattern of land use designations established on the Future Land Use Plan Map, appropriate land use planning practice, and comprehensive plan policies directing the location and distribution of land uses.

(B)

An applicant may withdraw an application at any time upon written notification.

(C)

The report and recommendation of the planning and zoning board required by this chapter shall be advisory only and shall not be binding upon the council.

(D)

The council shall establish a public hearing to consider the plan amendment review criteria in subsection (A), above, public testimony, and the recommendation of the planning and zoning board, and:

(1)

For local land use amendments, council shall approve, deny or approve with modifications the recommendations of the planning and zoning board. No amendment to the Town of Davie Land Use Plan shall become effective until and unless the Broward County Planning Council recertifies the land use plan as being in substantial conformity with the Broward County Land Use Plan.

(2)

For amendments to the county land use plan, council shall adopt a resolution in support of or in opposition to the proposed amendment. After county commission action on an amendment to the county land use plan, the town may, at a regularly scheduled council meeting, adopt a local land use amendment which complies with the county amendment, the Broward County Land Use Plan, as amended, and the Town of Davie Land Use Plan as recertified by the Broward County Planning Council.

(E)

All actions of the town council for approval of or support for a land use amendment pursuant to subparagraph (d) above shall require an affirmative vote of no less than four (4) members of the town council.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 97-40, § 1, 7-16-97; Ord. No. 2000-13, § 1, 4-18-00; Ord. No. 2011-16, § 2(Exh. A), 4-20-11)

The purpose of this division is to guide the processing and granting of rezonings, text amendments, special permits, variances and vacations or abandonments of rights-of-way in a manner consistent with the Town of Davie Comprehensive Plan, existing development and in a manner which protects the public health, safety and welfare.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2007-27, § 1, 9-19-07; Ord. No. 2011-16, § 2(Exh. A), 4-20-11)

(A)

Application Submittal: Applications for rezonings, overlay rezonings for open space design, special permits, variances and vacations or abandonments of rights-of-way shall be in the form of a petition filed with the town administrator, or his or her designee, by any qualified applicant.

(B)

Applicants: Qualified applicants shall be limited to the following:

(1)

For rezoning, special permits and variances: The owner or agent of the owner having unified control or a recognizable interest in the property.

(2)

For vacation or abandonment of rights-of-way: The owner or agent of the owner of the property adjacent to the right-of-way.

(3)

For town initiated rezoning and vacations: The Davie Planning and Zoning Board, or town council or its designee.

(4)

For text amendments to the Land Development Code: The town council, the planning and zoning board, the community redevelopment agency (if the proposal is within the CRA boundaries), town administrator and his/her designee. Any member of the public may request a text amendment consistent with the criteria of section 12-307.1 and following the process described in section 12-307.2.

(C)

Application Requirements: Applications shall be submitted to the town on forms provided by the town administrator or his or her designee, along with a fee as set by resolution of the town council.

(D)

On-Site Notification: The applicant shall post a sign on each perimeter street frontage of the land which is the subject of the petition not less than seven (7) days prior to the hearing of the planning and zoning board; provided, however, for rezonings initiated by the town exceeding five hundred (500) acres, this requirement shall not apply. The applicant shall provide digital photos showing sign placement and verifying that the following information is provided:

(1)

Time, place and date of hearings by the planning and zoning board and council;

(2)

Phone number for information;

(3)

For rezonings: existing and proposed zoning.

(E)

Supplementary Notification Required for Rezonings, Variances and Special Permits:

(1)

In addition to any requirements of the Florida Statutes, not less than fourteen (14) days prior to the hearing by the planning and zoning board, the town shall provide notice by mail. The notice will be sent to surrounding property owners within one thousand (1,000) feet of the exterior boundary of the subject parcel of land as indicated on the latest Broward County Tax rolls, provided that the notification distance for variances for single family lots shall be three hundred (300) feet. Notification of property owners outside of the town limits is not required provided that the appropriate governing body is notified. The applicant shall be responsible for cost of required notices.

(2)

In the event the notification area includes land declared to be a condominium under F.S. ch. 718, then notice to the condominium association shall constitute notice.

(F)

Application Review Times and Final Determinations for Development Permits and Development Orders.

(1)

All applications for development permits and development orders shall be limited to the following maximum review timeframes unless the town and the applicant agree in writing to a longer timeframe.

(a)

Written determination that the application is complete: Thirty (30) days from application submittal.

(b)

Final determination of approval or denial where a public hearing is required: One hundred eighty (180) days from the date the application was determined complete.

(c)

Final determination of approval or denial where a public hearing is not required: One hundred twenty (120) days from the date the application was determined complete.

(2)

When reviewing an application that is certified by a professional listed in F.S. § 403.0877, the town may not request additional information from the applicant more than three (3) times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the town, at the applicant's request, shall proceed to process the application for approval or denial (the foregoing is a requirement of F.S. § 166.033).

(3)

Resolution of undue delays. In cases where an application requires a recommendation by a board or committee of the town prior to consideration by the town council, such board or committee meeting shall be conducted within the timeframe specified in paragraph (1). In the case of undue delay in the completion of the board or committee review, the town council shall have the option to waive the board or committee review as necessary to comply with the state-mandated timeframes specified in paragraph (1).

(4)

Final determinations. All development permits and development orders issued by the town shall include written findings supporting the town's decision for denial, approval or approval with conditions.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 96-40, § 1, 9-18-96; Ord. No. 97-40, § 1, 7-16-97; Ord. No. 2002-34, § 1, 10-16-02; Ord. No. 2003-014, § 1, 6-4-03; Ord. No. 2004-031, § 4, 10-6-04; Ord. No. 2007-27, § 1, 9-19-07; Ord. No. 2011-16, § 2(Exh. A), 4-20-11; Ord. No. 2012-28, § 2(Exh. A), 12-5-12; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-005, § 2(Exh. A), 2-3-21; Ord. No. O2021-030, § 3(Exh. A), 11-3-21)

(A)

Planning and Zoning Board Review:

(1)

The planning and zoning board shall hold its public hearing and shall make a recommendation upon the application to the town council, based upon its consideration of, where applicable, whether or not:

(a)

The proposed change is contrary to the adopted comprehensive plan, as amended, or any element or portion thereof;

(b)

The proposed change would create an isolated zoning district unrelated and incompatible with adjacent and nearby districts;

(c)

Existing zoning district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(d)

The proposed change will adversely affect living conditions in the neighborhood;

(e)

The proposed change will create or excessively increase automobile and vehicular traffic congestion, above that which would be anticipated with permitted intensities or densities of the underlying land use plan designation, or otherwise affect public safety;

(f)

The proposed change will adversely affect other property values;

(g)

The proposed change will be a deterrent to the improvement or development of other property in accordance with existing regulations;

(h)

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the welfare of the general public;

(i)

There are substantial reasons why the property cannot be used in accord with existing zoning;

(j)

The proposed zoning designation is the most appropriate designation to enhance the town's tax base given the site location relative to the pattern of land use designations established on the future land use plan map, appropriate land use planning practice, and comprehensive plan policies directing land use location.

(k)

Any such application for open space design shall be evaluated and approved based upon the criteria listed above and the following criteria:

1.

How the proposed development contributes towards the creation of a network of open space and promotes accessibility from residential areas to green space;

2.

How the proposed development locates the required open space to benefit both the development and the community of Davie.

3.

How the proposed development addresses the long-term maintenance of proposed open space, landscape and nature conservation areas.

(2)

An applicant may withdraw an application, or amend the rezoning application to a more restrictive district, at any time prior to a vote by the council.

(3)

The report and recommendation of the planning and zoning board required by this chapter shall be advisory only and shall not be binding upon the council.

(B)

Town Council Review:

(1)

The council shall establish a public hearing to consider the rezoning review criteria in subsection (A), above, public testimony and the planning and zoning board recommendation, and may act on the petition, deny, deny without prejudice, approve or approve with conditions, or approve an amended application for rezoning.

(2)

The council, upon denial without prejudice, may also waive the reapplication fee.

(3)

Approval of rezonings shall be by ordinance and requires a super-majority vote of the council.

(4)

Whenever the council has acted upon an application for the rezoning of property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of rezoning of any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council, when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 96-13, § 1, 3-20-96; Ord. No. 97-40, § 1, 7-16-97; Ord. No. 2002-34, § 1, 10-16-02; Ord. No. 2005-008, § 2, 5-4-05; Ord. No. 2011-16, § 2(Exh. A), 4-20-11; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2020-002, § 2(Exh. A), 2-5-20)

Any of the first four (4) applicants mentioned on section 12-306(B)(4) must present an application to the planning and zoning division. The following criteria shall be met.

1.

The proposed change is consistent with the goals, policies and objectives of the adopted comprehensive plan.

2.

The proposed change has the intention to benefit the public interest.

Staff shall follow the procedure established for text amendments including, but not limited to, the schedule and advertisement of public hearings according to the Florida Statutes. The planning and zoning board shall make a recommendation to town council with or without comments. The town council at public hearing may approve, deny, or modify the petition by ordinance.

(Ord. No. 2007-27, § 2, 9-19-07; Ord. No. 2011-16, § 2(Exh. A), 4-20-11)

The intent and purpose of this section is to create an organized way to promote the participation of the general public in the text amendment process to the Land Development Code.

Understanding that input can occur from many different sources, this amendment is presented to encourage the public to propose suggestions that follow the criteria necessary to initiate a text amendment process. The process listed below is intended to facilitate such amendments.

1.

Any member of the public may attend a public meeting of the planning and zoning board or town council to comment or suggest text amendments to the Land Development Code. These suggestions shall be provided to the planning and zoning division at a minimum three (3) weeks prior to any meeting in written format. The written format shall include the name of the interested person, the proposed subject matter, and any proposed recommendations.

2.

In case that the planning and zoning board determines that the suggestion proposed by the member of the public deserves to be considered by town council, the planning and zoning board may make a motion to recommend the suggestion to be reviewed by town council. The suggestions can also be proposed directly to the town council at a public hearing under new business. If town council determines the suggestion is worth being considered as a text amendment for the town Land Development Code, town council may make a motion to instruct the member of the public to meet with planning and zoning staff to initiate such text amendment process.

3.

In addition, any member of the public may propose a suggestion through the community redevelopment agency, if applicable, or the town administrator and his/her designee. In the event that either find the suggestions worth consideration, either may ask the member of the public to meet with planning and zoning staff and submit an application to initiate the text amendment process.

The text amendment process is initiated by presenting a text amendment application along with the proper fee, as amended from time to time, to the planning and zoning division and meeting the following criteria:

1.

The proposed change is consistent with the goals, policies and objectives of the adopted comprehensive plan.

2.

The proposed change has the intention to benefit the public interest.

Staff shall follow the procedure established for text amendments including, but not limited to, the schedule and advertisement of public hearings according to the Florida Statutes. The planning and zoning board shall make a recommendation to town council with or without comments. The town council at public hearing may approve, deny, or modify the petition by ordinance.

(Ord. No. 2007-27, § 3, 9-19-07; Ord. No. 2011-16, § 2(Exh. A), 4-20-11)

(A)

Use Related Special Permits.

(1)

Planning and Zoning Board Review:

(a)

The planning and zoning board shall hold its public hearing and shall make a recommendation on the application to the council, based upon its consideration of, where applicable, whether or not the proposed special permit:

(i)

Is contrary to the adopted comprehensive plan, as amended, or any element or portion thereof;

(ii)

Will create an unrelated and incompatible adjacent use;

(iii)

Will adversely affect living conditions in the neighborhood or the town;

(iv)

Will create or excessively increase automobile and vehicular traffic congestion or otherwise affect public safety;

(v)

Will adversely affect surrounding property values;

(vi)

Will be a deterrent to the improvement or development of other property in accord with existing regulations;

(vii)

Will constitute a grant of special privilege to an individual owner as contrasted with the welfare of the general public.

(b)

The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(c)

The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the special permit if approved by the council.

(d)

An applicant may withdraw an application at any time prior to a vote by the council, upon written notification.

(2)

Town Council Review:

(a)

The council shall establish a public hearing to consider public testimony and the planning and zoning board recommendations and may deny, approve or approve with conditions the application for special permit.

(b)

Special permit approval shall be tied to the owner of the land or a specific prospective purchaser of the land and shall not be transferable with transfer of title to the land, excepting to the specific prospective purchaser within nine (9) months of town council approval.

(c)

Unless otherwise provided in the final action by town council, a special permit shall become null and void twelve (12) months after the date of approval by town council unless a development permit has been issued in furtherance of such special permit.

(d)

Whenever the council has acted upon a special permit for property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of special permit for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council, when the council deems such action necessary to prevent injustice or to facilitate the proper development of the city.

(e)

The final action by town council on any special permit shall be in the form of a resolution.

(B)

Reserved.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 95-43, § 1, 12-6-95; Ord. No. 2000-12, § 3, 4-3-00; Ord. No. 2005-008, § 4, 5-4-05; Ord. No. 2013-10, § 2(Exh. A), 4-17-13; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2020-02, § 2(Exh. A), 2-5-20)

(A)

Family community residence special permits.

(1)

Planning and Zoning Board review. The planning and zoning board shall hold its public hearing and shall make a recommendation on the application to the council based upon its determination of whether or not the proposed use meets by clear and convincing evidence, the following standards where applicable:

(a)

A family community residence proposed to be located within six hundred sixty (660) linear feet or seven (7) lots, whichever is greater, of an existing family or transitional community residence, recovery community, or special residential facility must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards, and only these standards are met:

(i)

The proposed family community residence will not interfere with the normalization and community integration of the residents of any existing family or transitional community residence, recovery community, or special residential facility and that the presence of other family or transitional community residences and/or recovery community will not interfere with the normalization and community integration of the residents of the proposed family community residence; and

(ii)

The proposed family community residence in combination with any existing family or transitional community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering family or transitional community residences, recovery communities, and/or special residential facilities on a block face or concentrating them in a neighborhood.

(b)

When the State of Florida does not offer a license or certification for the type of family community residence proposed and the population it would serve, or the proposed family community residence is not eligible to be granted an Oxford House Charter, the applicant must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

(i)

The proposed family residence will be operated in a manner effectively similar to that of a licensed or certified community residence; and

(ii)

Staff who reside and/or work in the proposed family community residence will be adequately trained in accordance with standards typically required by licensing or state certification for a family community residence; and

(iii)

The proposed family community residence will emulate a biological family and be operated to achieve normalization and community integration; and

(iv)

The rules and practices governing how the proposed family community residence operates will actually protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

(c)

Except as required by Florida Statute § 419.001, when an applicant seeks to provide housing for more than ten (10) unrelated individuals in a family community residence, the applicant must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

(i)

The proposed number of residents greater than ten (10) is necessary to ensure the therapeutic and/or financial viability of the proposed family community residence; and;

(ii)

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

(iii)

The proposed family community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, institutional use, assisted living facility that does not comport with the definition of "family community residence," "transitional community residence," "special residential facility," or other nonresidential use; and

(iv)

The requested number of residents in the proposed family community residence will not interfere with the normalization and community integration of the occupants of closest existing family or transitional community residence, recovery community, or special residential facility.

(d)

The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(e)

The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the special permit if approved by the council.

(f)

An applicant may withdraw an application by written communication at any time prior to a vote by the council.

(2)

Town Council review. Town Council review shall be conducted in the manner set forth in section 12-308(A)(2).

(B)

Transitional community residence special permits.

(1)

Planning and Zoning Board review. The planning and zoning board shall hold its public hearing and shall make a recommendation on the application to the council based upon its determination of whether or not the proposed use meets by clear and convincing evidence, the following standards where applicable:

(a)

A transitional community residence proposed to be located within six hundred sixty (660) linear feet or seven (7) lots, whichever is greater, of an existing family or transitional community residence or recovery community must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards, and only these standards are met:

(i)

The proposed transitional community residence will not interfere with the normalization and community integration of the residents of any existing family or transitional community residence, recovery community, or special residential facility and that the presence of other family or transitional community residences, recovery communities, or special residential facilities will not interfere with the normalization and community integration of the residents of the proposed transitional community residence; and

(ii)

The proposed transitional community residence in combination with any existing family or transitional community residences, recovery communities, or special residential facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering family or transitional community residences, recovery communities, and/or special residential facilities on a block face or concentrating them in a neighborhood.

(b)

When the State of Florida does not offer a license or certification for the type of transitional community residence proposed and the population it would serve, the applicant must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

(i)

The proposed transitional community residence will be operated in a manner effectively similar to that of a licensed or certified community residence; and

(ii)

Staff who reside and/or work in the proposed transitional community residence will be adequately trained in accordance with standards typically required by licensing or state certification for a family or transitional community residence; and

(iii)

The proposed transitional community residence will emulate a biological family and be operated to achieve normalization and community integration; and

(iv)

The rules and practices governing how the proposed transitional community residence operates will actually protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

(c)

Except as required by Florida Statute § 419.001, when an applicant seeks to provide housing for more than ten (10) unrelated individuals in a transitional community residence, the applicant must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

(i)

The proposed number of residents greater than ten (10) is necessary to ensure the therapeutic and/or financial viability of the proposed transitional community residence; and;

(ii)

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

(iii)

The proposed transitional community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, institutional use, assisted living facility that does not comport with the definition of "family community residence," "transitional community residence," "special residential facility," or other nonresidential use; and

(iv)

The requested number of residents in the proposed transitional community residence will not interfere with the normalization and community integration of the occupants of closest existing family or transitional community residence or recovery community.

(d)

A transitional community residence proposed in a zoning district where designated as a special permit must obtain a special permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met:

(i)

The proposed transitional community residence will not interfere with the normalization and community integration of the residents of any existing family or transitional community residence, recovery community, or special residential facility and that the presence of other family or transitional community residences, recovery communities, or special residential facilities will not interfere with the normalization and community integration of the residents of the proposed transitional community residence; and

(ii)

The proposed transitional community residence, alone or in combination with any existing family or transitional community residences, recovery communities, or special residential facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by clustering family or transitional community residences, recovery communities, and/or special residential facilities on a block or concentrating them in a neighborhood; and

(iii)

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

(iv)

The applicant demonstrates that the State of Florida offers certification or requires a license for this type of transitional community residence and the population it would serve. When the State of Florida does not offer certification or require a license for this type of transitional community residence and the population it would serve, the applicant shall demonstrate that:

1.

The proposed transitional community residence will be operated in a manner effectively similar to that of a licensed or certified community residence; and

2.

Staff will be adequately trained in accordance with standards typically required by licensing or state certification for a community residence; and

3.

The transitional community residence will emulate a biological family and be operated to achieve normalization and community integration; and,

4.

The rules and practices governing how the transitional community residence operates will actually protect residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of alcohol or illegal drugs, and misuse of prescription medications.

(e)

The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(f)

The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the special permit if approved by the council.

(g)

An applicant may withdraw an application by written communication at any time prior to a vote by the council.

(2)

Town Council review. Town Council review shall be conducted in the manner set forth in section 12-308(A)(2).

(C)

Recovery community special permits.

(1)

Planning and Zoning Board review. When a recovery community is proposed to be located within one thousand two hundred (1,200) linear feet or ten (10) lot, whichever is greater, of an existing family or transitional community residence, recovery community, or special residential facility, the planning and zoning board shall hold its public hearing and shall make a recommendation on the application to the council based upon its determination of whether or not the proposed use meets by clear and convincing evidence, the following standards:

(a)

The proposed recovery community will not interfere with the normalization and community integration of the residents of any existing family or transitional community residence, recovery community, or special residential facility and that the presence of other family or transitional community residences, recovery communities, and/or special residential facilities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and

(b)

The proposed recovery community in combination with any existing family or transitional community residences, recovery communities, and/or special residential facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering recovery communities, family or transitional community residences, and/or special residential facilities on a block face or concentrating them in a neighborhood.

(2)

The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(3)

The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the special permit if approved by the council.

(4)

An applicant may withdraw an application at any time prior to a vote by the council, upon written notification.

(5)

Town Council review. Town Council review shall be conducted in the manner set forth in section 12-308(A)(2).

(Ord. No. O2023-016, § 2(Exh. A), 9-20-23)

(A)

A variance may only be considered for:

(1)

Height.

(2)

Area.

(3)

Yards (setbacks).

(4)

Separation requirements.

(5)

Open space.

(6)

Parking spaces.

(7)

Rural lifestyle fence design.

(8)

Sign provisions of sections 12-235 through 12-243.

(9)

Site landscaping standards.

(B)

Planning and zoning board review:

(1)

The planning and zoning board shall hold its public hearing and shall make a recommendation upon the application for variance to the town council, based upon its consideration of, where applicable, whether or not:

(a)

There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property;

(b)

The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose;

(c)

That granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(2)

The report and recommendation of the planning and zoning board required by this chapter may include proposals for the mitigation of external impacts of the variance if approved by the council.

(3)

The report and recommendation of the planning and zoning board shall be advisory only and shall not be binding upon the council.

(4)

An applicant may withdraw an application at any time prior to a vote by the town council upon written notification.

(C)

Town council review:

(1)

The council shall establish a public hearing to consider public testimony and the planning and zoning board recommendations and may deny, approve or approve with conditions the application for variance.

(2)

Approval of a variance shall be tied to the land and its improvements and may be altered only if the size of the parcel or property is changed or rezoned.

(3)

Approval of a variance requires a super-majority vote of the council for the reductions of minimum lot size requirements.

(4)

Whenever the council has acted upon a variance for property, whether approved or denied, the planning and zoning board shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the council when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

(5)

The final action by town council on any variance shall be in the form of a resolution.

(6)

Unless otherwise provided in the final action of town council, a variance approval shall become null and void if a development application for the development contemplated in the variance application is not issued within two (2) years of the final action by town council.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2005-008, § 3, 5-4-05; Ord. No. 2006-001, § 2, 1-4-06; Ord. No. 2013-10, § 2(Exh. A), 4-17-13; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. 2016-017, § 2(Exh. A), 8-17-16; Ord. No. 2018-004, § 2(Exh. A), 3-21-18; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

(A)

Administrative variances may be approved by the town administrator or designee pursuant to this section. An administrative variance may considered only for:

(1)

The items listed in Section 12-309(A)(1)—(6) provided that no requirement is exceeded by more than ten (10) percent or twenty (20) percent in the case of parking spaces.

(2)

[Reserved.]

(B)

At any time prior to the final decision, the town administrator or designee shall have the authority to refer the decision to the town council pursuant to the procedure set forth in Section 12-309.

(C)

In addition to any other application requirements of this section, an application for administrative variance shall include letters of no objection from all abutting property owners and the governing homeowners' association, if applicable. If such letters of no objection cannot be obtained, then the applicant may apply for a variance pursuant to Section 12-309.

(D)

In consultation with the development review committee, the Town Administrator or designee shall consider applications for administrative variance according to the criteria set forth in Section 12-309(B)(a)—(c). The town administrator or designee shall set forth his or her findings and conclusions on the application in a "notice of intent to approve" or a "notice of intent to deny" and provide such notice to the applicant in writing. A "notice of intent to approve" may include conditions necessary for the mitigation of any external impacts of the administrative variance.

(E)

Any "notice of intent to approve" shall be provided to the town council and mailed to surrounding property owners in the manner set forth for variances for single-family lots as provided in Section 12-306(E).

(F)

No sooner than twenty (20) but no later than thirty (30) days after the mailing of the "notice of intent to approve," the town administrator or designee shall consider any public comments or additional information submitted in relation to the application and render a final decision, setting out in writing the reasons for such approval or denial, and any conditions of approval. If any applicant is aggrieved by a final decision rendered by a town official other than the town administrator, such applicant shall have thirty (30) days to appeal such decision to the town administrator.

(G)

Unless otherwise provided in the final decision, an administrative variance approval shall become null and void if a development application for the development contemplated in the application is not issued within two (2) years of the final decision.

(Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2022-013, § 2(Exh. A), 8-17-22)

(A)

Planning and Zoning Board Review:

(1)

The board shall provide a recommendation to the town council in accordance with the following criteria:

(a)

Whether the right-of-way is needed for public utilities including storm-water management.

(b)

Whether the vacation would cause a substantial detrimental effect upon or substantially impair or deny access to any lot of record.

(c)

Whether the vacation would adversely impact the existing roadway network, such as creating dead-end rights-of-way, substantially alter travel patterns, or undermine the integrity of historic plats of designated historic landmarks or districts.

(d)

Whether the right-of-way is needed for the purpose for which the town has a legal interest and, whether there is a present or future need for the right-of-way for public vehicular or pedestrian access, or for public utility corridors.

(e)

Whether the proposed vacation or abandonment is consistent with the Town Charter.

(f)

The town council may also consider any other factors affecting the public health, safety, or welfare.

(2)

An applicant may withdraw an application at any time prior to a vote by the town council.

(B)

Town Council Review:

(1)

The town council shall conduct a public hearing to consider public testimony and the planning and zoning board recommendation and may deny, deny without prejudice, approve or approve with conditions.

(2)

Approval of a vacation or abandonment shall be by ordinance.

(3)

Whenever the council has acted upon a vacation or abandonment of rights-of-way for property, whether approved or denied, the planning and zoning board 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. The above time limits may be waived by a majority vote of the council when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

(C)

Reserved.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2005-008, § 5, 5-4-05; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-005, § 2(Exh. A), 2-3-21; Ord. No. O2022-013, § 2(Exh. A), 8-17-22)

The purpose of this division is to set forth the procedure for town flexibility. The term "flexibility" encompasses all types of land use rearrangements including flexibility units, reserve units, increase and decrease of commercial and residential acreage.

(A)

Submittal: Requests for the utilization of any type of flexibility shall be in the form of an application filed with the town administrator, or his or her designee, along with a fee as set by resolution of the town council.

(B)

Procedure: Flexibility applications shall be considered and processed as follows:

(1)

On parcels of no more than two (2) acres within the Griffin Corridor District, or on parcels of any size designated Regional Activity Center or Transit Oriented Corridor on the Future Land Use Map, flexibility shall be assigned at the discretion of town council by resolution.

(2)

On all other lands, flexibility shall be assigned at the discretion of town council by local land use plan amendment in accordance with division 1.

(Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2020-002, § 2(Exh. A), 2-5-20; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

The purpose of this division is to set forth the procedure for a vested rights determination. The term "vested rights" encompasses both a claim for vested rights and a claim of equitable estoppel.

(Ord. No. 2001-049, § 2, 12-4-01)

(A)

A request for a vested rights determination shall be made by the applicant in a letter to the town attorney, with a copy of the letter simultaneously sent to the town administrator, the development services director, the mayor and each councilmember.

(B)

Accompanying the copy of the letter to the town administrator shall be a fee as set by resolution to cover the cost to the town for making the vested rights determination.

(C)

The letter requesting a vested rights determination shall state with specificity each and every reason and each and every fact upon which the applicant is relying in order to support its claim for a vested right, and the specific vested right that the applicant desires. The applicant shall also enclose with the letter, and all copies of the letter, all evidence and proof which it is relying upon to support its claim for vested rights.

(D)

The town attorney shall review the letter and the evidence and proof submitted. The town attorney shall be entitled to request all additional information that he/she believes is helpful to him/her and/or staff in making the vested right determination. Such additional information requested can include, but is not limited to, the following: questions to the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, documents from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, affidavits from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, taking sworn statements from the applicant and officers, directors, shareholders, employees, agents, and experts of the applicant and in meeting with the applicant or officers, directors, shareholders, employees, agents or experts of the applicant. In making the vested rights determination, the applicant or the applicant's officers, directors, shareholders, employees, agents and experts failure to provide what is requested from the town attorney may be considered negatively toward the applicant's request for a vested rights determination or in a supplemental vested rights determination.

(E)

The town attorney, once the information has been provided and once he/she is of the opinion that the vested rights determination can be given, shall provide a vested rights determination in writing. The applicant is limited to the information which has been provided. The applicant cannot provide new information without first requesting permission from the town attorney to do so.

(F)

The written vested rights determination or supplemental vested rights determination of the town attorney shall be either faxed or mailed certified mail to either the applicant, its attorney or its agent.

(G)

The vested rights determination or supplemental vested rights determination remains final and binding upon the applicant unless the applicant appeals the town attorney's determination within twenty (20) days of the date of the town attorney's determination. In the event that the applicant fails to timely appeal the vested rights determination or, in the event of a supplemental vested rights determination fails to appeal the supplemental vested rights determination, of the town attorney, it is conclusively presumed that the town attorney's determination is final. In the event that the applicant desires to challenge the vested rights determination or supplemental vested rights determination of the town attorney, the applicant must deliver to the town administrator by 4:00 p.m. within twenty (20) days of the date of the town attorney's determination a notice of appeal of the town attorney's determination (if the twentieth (20th) day is on a Saturday, Sunday or legal holiday in which the town administrator's office is closed, then the appeal may be timely delivered on the immediate next day that the town administrator's office is open). The notice of appeal shall be strictly limited to advising of the desire to appeal and the relief that the applicant is requesting. No further statements or argument are permitted in the notice of appeal.

(H)

The town administrator shall place this appeal on the agenda of a town council meeting on such date that the town administrator considers appropriate.

(I)

The town council shall consider the appeal at the town council meeting when the appeal is on the agenda, but the town council is permitted to table the appeal to such time as the town council considers appropriate. The town council is also empowered to request that the town attorney obtain additional information from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant. The town council is also entitled, should it so chose, to obtain input from the public concerning the vested rights determination. The applicant is not entitled to speak during the appeal unless the town council permits the public to speak or unless the town council permits the applicant to speak. In the event that the town council requests or solicits additional information, the matter shall be sent back to the town attorney for a supplemental vested rights determination in light of the additional information requested or given. When that supplemental vested rights determination is provided by the town attorney, he/she shall provide notice as described in subsection (F), and that supplemental vested rights determination shall be described as indicated in subsection (G), and in the event of an appeal of that supplemental vested rights determination it shall be placed on the agenda as described in subsection (H), and shall be treated by the town council as described in subsection (I).

(J)

When the town council makes its determination on the appeal, the appeal shall be based on the information in the record, which information is the information provided by the applicant, the information provided by staff, the information provided from all other sources which are in the record, and information provided by the town attorney. In making the vested rights determination or supplemental vested rights determination, the applicant or the applicant's officers, directors, shareholders, employees, agents and experts failure to provide what is requested from the town attorney or the town council may be considered negatively toward the applicant in its request for a determination. The determination of the town council in the appeal is final.

(K)

The applicant has not exhausted its administrative remedies until such time as it has complied with this procedure.

(Ord. No. 2001-049, § 2, 12-4-01; Ord. No. 2010-12, § 3, 6-16-10)

When a change in zoning district or land use designation boundaries, land use regulations, a comprehensive plan amendment, or an amendment to the zoning and land development code is being considered by the town council, no development order, site plan approval, permit, or license of any kind shall be issued, and no change of occupancy shall occur if such development order, site plan approval, permit, license, or occupancy would result in the nonconforming or unlawful use of the subject property should the proposed change be adopted.

(Ord. No. 98-1, § 1, 1-7-98)

(A)

Effective Date: The restriction of such issuance, approval or change of occupancy shall begin on the earlier of:

(1)

The date of notification to affected property owners of the proposed change; or

(2)

The date of the first publication of notice of a public hearing of the proposed change; or

(3)

The date of the first action by the town council to initiate the proposed change, which may include direction given to staff to prepare a study, ordinance or resolution for council consideration.

(Ord. No. 98-1, § 1, 1-7-98; Ord. No. 2000-12, § 1, 4-3-00)

While the development and use of a parcel of land is generally governed through the site plan and related land development approval processes, this Division authorizes certain temporary uses which are limited in scope and duration and are otherwise conducted such that they have little impact on surrounding properties or on public safety or public facilities.

(Ord. No. 2000-34, § 1, 10-18-00; Ord. No. 2008-2, 1-16-08; Ord. No. 2011-23, § 2(Exh. A), 7-27-11; Ord. No. 2011-36, § 2(Exh. A), 11-16-11)

The following may be allowed pursuant to a temporary use permit as set forth in this division:

(1)

Temporary uses or structures related to marketing of new development occurring on the same site, such as, but not limited to, model units, real estate sales offices, provided that a temporary use permit is not required where such uses and structures are indicated on an approved site plan.

(2)

Temporary uses necessary for the continuation of an established business or use during redevelopment or remodeling, such as the creation of temporary offices or retail space during the renovation or reconstruction of buildings.

(3)

Temporary uses which are consistent with the future land use designation of a parcel, which have a duration of no more than sixty (60) days during any calendar year, and which are not considered "special events" pursuant to chapter 20 of this Code.

(4)

Seasonal sales as defined in chapter 17 of the Town Code.

(a)

Sales of seasonal merchandise may be permitted for a period of up to two (2) weeks prior to Easter, Mother's Day, Fourth of July, Halloween, Thanksgiving and New Years (January 1) and up to four (4) weeks prior to Christmas.

(b)

Seasonal merchandise shall be limited to flowers, pumpkins, Christmas trees, wreaths and sparklers, novelties and trick noisemakers not otherwise prohibited for sale by section 7-3 of the Town Code.

(c)

Seasonal sales, with the exception of Christmas tree sales, shall be conducted completely on private property, zoned for commercial use, and be sponsored by an existing business. The existing business shall provide written permission for use of existing parking and toilet facilities.

(d)

The only form of seasonal sales that shall occur on a vacant parcel are Christmas tree sales where the entity conducting the sale is a charitable, non-profit organization.

(Ord. No. 2000-34, § 1, 10-18-00; Ord. No. 2008-2, 1-16-08; Ord. No. 2011-23, § 2(Exh. A), 7-27-11; Ord. No. 2011-36, § 2(Exh. A), 11-16-11; Ord. No. O2019-004, § 2(Exh. A), 1-23-19; Ord. No. O2022-013, § 2(Exh. A), 8-17-22)

(A)

Applications. Applications for temporary use shall be submitted to the town administrator or his or her designee along with an application fee as established by resolution of the town council. Applications should be submitted no less than sixty (60) calendar days prior to the proposed commencement of a temporary use. Applications not submitted within this timeframe may be denied by the town administrator or his or her designee without further review.

(B)

Review. The town administrator or his or her designee shall conduct a review of temporary use applications, solicit reviews by the development review committee members and other town staff as appropriate to the particular application, and prepare a recommendation to the town council for approval, approval with conditions or denial.

(C)

Decision. Temporary use permits shall be subject to approval by the town council. Where necessary to ensure public safety or to prevent negative impacts to surrounding properties or public facilities, the town council may establish conditions of approval, such as, but not limited to, limits on hours of operation, limits on duration of the use, provision of insurance coverage, cash bonds, such as to ensure removal of structures or site clean-up, and limits on use of lighting. Town council approval of seasonal sales may authorize multiple seasonal sales events to occur on a parcel over a period of up to three (3) years provided that all such events adhere to the standards of this division and any council-imposed conditions of approval.

(Ord. No. 2000-34, § 1, 10-18-00; Ord. No. 2008-2, 1-16-08; Ord. No. 2011-23, § 2(Exh. A), 7-27-11; Ord. No. 2011-36, § 2(Exh. A), 11-16-11; Ord. No. 2015-017, § 2,(Exh. A), 6-10-15; Ord. No. O2021-030, § 2(Exh. A), 11-3-21; Ord. No. O2022-013, § 2(Exh. A), 8-17-22)

Editor's note— Ord. No. 2011-36, § 2(Exh. A), adopted Nov. 16, 2011, deleted § 12-318, which pertained to other temporary uses requiring a permit and derived from Ord. No. 2000-34, § 1, adopted Oct. 18, 2000; and Ord. No. 2008-2, adopted Jan. 16, 2008. Ord. No. 2011-26 also renumbered § 12-319 as § 12-318 to read as set out herein.

The public participation process provides for the ability of citizens of the Town of Davie to actively participate in the town's development procedures and will allow the town's citizens to play an essential role in shaping the direction of the town's development, thereby enhancing the welfare of the community.

(Ord. No. 2004-031, § 1, 10-6-04)

Applications involving a special permit, rezoning, land use plan amendment, or any site plan requiring town council approval, shall provide for public participation as set forth in this division. In cooperation with the applicant, the town administrator, or designee, shall prepare a public participation plan demonstrating how interested members of the public may view and comment on an application prior to the item being scheduled for a formal public hearing. Where a plat or plat-related amendment affecting the amount or type of development allowed within the plat is not submitted concurrently with a site plan and therefore not required to provide for public participation, the Town Administrator or designee shall nonetheless have the authority to require mailed notice of such application to surrounding properties, with the costs of such mailing being the responsibility of the applicant. All costs associated with the requirements of this division shall be the responsibility of the applicant.

(Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

Editor's note— Ord. No. O2021-030, § 2(Exh. A), adopted Nov. 3, 2021, repealed the former § 12-319.6 and enacted a new § 12-319.6 as set out herein. The former § 12-319.6 pertained to application and requirements and derived from Ord. No. 2004-031, § 1, adopted Oct. 6, 2004; and Ord. No. 2016-014, § 2(Exh. A), adopted July 27, 2016.

(A)

Public participation plan. At a minimum, all public participation plans shall include:

(1)

A draft notification letter clearly identifying the subject parcel, providing a summary of the proposal, providing a link to a video presentation as required by paragraph (B), and providing contact information of both the applicant and town staff.

(2)

A mailing list, prepared by town staff, including residents, property owners and governmental jurisdictions most likely to be affected by the proposed development. At a minimum, the mailing list must include surrounding property owners within one thousand (1,000) feet of the exterior boundary of the subject parcel of land as indicated on the latest Broward County Tax rolls. In the event the notification area includes land declared to be a condominium under F.S. ch. 718, then notice to the condominium association shall constitute notice.

(3)

A description of the methods by which the application will be made available for public consideration.

(B)

Public participation activities.

(1)

The applicant shall prepare a narrated video presentation summarizing the proposed development. The presentation shall include contact information for the applicant and town staff to allow interested viewers to provide comments by email or telephone contact. At a point after the application has been deemed complete for review by the town, the applicant shall post the video on a publicly accessible website requiring no login or password. The video shall be available to the public for a minimum of twenty-one (21) days.

(2)

Applicants are encouraged to provide additional opportunities for public participation, such as teleconferences or in-person meetings, provided that any in-person meetings must be conducted in a publicly accessible meeting location acceptable to the town, and conducted Monday through Thursday, with a start time between 5:30 p.m. to 7:00 p.m.

(3)

As part of the creation of the public participation plan, the Town Administrator shall have the authority to waive the video presentation requirement and instead require that the applicant conduct up to two (2) in-person public participation meetings in the manner described in paragraph (2), above.

(Ord. No. 2004-031, § 1, 10-6-04; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

(A)

The applicant shall provide the town a public participation report that includes the following:

(1)

A written summary of the public participation activities.

(2)

Dates and locations of all meetings or opportunities provided to review and discuss the applicant's proposal.

(3)

The names, dates, addresses, and number of people that participated in the process.

(4)

A written summary of the issues and/or concerns raised by the participants and how the applicant proposes to resolve these issues and/or concerns. If the applicant is unable or unwilling to resolve the issues, the summary should state the reason why these issues cannot be resolved.

(B)

The applicant shall provide a complete public participation report to the town at least thirty (30) days prior to the item being scheduled or advertised for a public hearing. Required public participation activities must be concluded within (1) year of the town council meeting where the development application will be considered. Applicants shall be required to repeat public participation activities and provide a supplemental report as needed prior to the application being scheduled or advertised for a public hearing.

(C)

Planning and zoning staff shall determine whether the public participation report meets the requirements of this division.

(D)

The applicant's public participation report shall be included as an addendum to the staff report and any issues raised by interested parties within the report, pertinent to any provision of the Town Code of Ordinances which may affect the town council's determination of the application may be taken into consideration by the town council as part of its deliberations. The submitted public participation plan shall be considered as one (1) more piece of information to assist town council in their decision making.

(Ord. No. 2004-031, § 1, 10-6-04; Ord. No. 2011-16, § 2(Exh. A), 4-20-11; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

Editor's note— Ord. No. O2021-030, § 2(Exh. A), adopted Nov. 3, 2021, amended § 12-319.8 and in doing so changed the title of said section from "Citizen participation report" to "Public participation report," as set out herein.

Editor's note— Ord. No. O2021-030, § 2(Exh. A), adopted Nov. 3, 2021, repealed § 12-319.9, which pertained to applicability and derived from Ord. No. 2004-031, § 1, adopted Oct. 6, 2004.

Editor's note— Ord. No. 2004-031, § 1, adopted Oct. 6, 2004, repealed § 12-319.10 in its entirety. Formerly said section pertained to exemptions.