The following positions, agencies and boards have been created and established as described in this section to perform the duties provided herein in relation to the issuance of development permits and approvals.

(Ord. No. C-97-19, § 1(47-29.1), 6-18-97)

There shall be a director of the department in the unclassified service who shall meet with the city planning and zoning board in the capacity of advisor and shall serve as executive secretary of the board. He or she shall aid and assist in carrying out any city comprehensive plan which may be in effect from time to time and perform such other duties as may be required of him or her by ordinance or administrative rules and regulations. He or she shall make recommendations for the land use plan for the development of the city. He or she or his or her designee shall be the person who has the authority to make determination on behalf of the department in those matters specified in the ULDR.

(Ord. No. C-97-19, § 1(47-29.2), 6-18-97)

There shall be a zoning administrator in the department or such person or persons appointed by the director who will be responsible for answering all questions of interpretation and enforcement of the ULDR.

(Ord. No. C-97-19, § 1(47-29.3), 6-18-97)

There is hereby established a development review committee (hereinafter "DRC") having the responsibility to review and approve applications for a development permit as set forth in this section, and other related duties as assigned by the city manager. The department is hereby assigned the responsibility to coordinate the duties of the DRC. The membership of the DRC shall include representatives from the fire-rescue and building department, planning and economic development department, public services department, police department and parks and recreation department. When the circumstances of a proposed development necessitate review by additional city staff members, the city manager may add such members to the committee as deemed necessary for the implementation of this section, in accordance with their respective areas of concern within the city administration.

(Ord. No. C-97-19, § 1(47-29.4), 6-18-97)

A.

The duties of the city planning and zoning board shall be as follows:

1.

To act in an advisory capacity to the city commission, to conduct investigations and hold public hearings upon all proposals to change zoning regulations of the city or to vacate and abandon streets and alleys, and to report its findings and recommendations upon any such proposals to the city commission.

2.

To study any existing city plans with the view to improving same so as to provide for the development, general improvement, and probable future growth of the city, and from time to time make recommendations to the city commission for changes in the existing city comprehensive plan so as to omit portions of such comprehensive plan not deemed advisable and to incorporate new sections which recognize changing conditions in the city.

3.

To review and recommend for approval or disapproval all plats intended to be presented to the city commission for approval.

4.

To perform such other duties as may from time to time be assigned to such board by the city commission or prescribed by ordinance.

(Ord. No. C-97-19, § 1(47-30.1), 6-18-97)

A.

The city planning and zoning board shall consist of nine (9) members.

B.

The term of office of each member shall be four (4) years except for the filling of vacancies.

C.

Vacancies on the board shall be filled for the balance of any unexpired term.

D.

Members of the board shall receive no compensation for their service on the board.

E.

The provisions of Section 2-219 of the Code of Ordinances - Rules governing board and committee appointments, shall apply to the planning and zoning board when such provisions are not in conflict with this section of the Code. (Located in Section 2-219 of the Code.) In the event of conflict the provisions in this Section 47-30 shall prevail.

(Ord. No. C-97-19, § 1(47-30.2), 6-18-97; Ord. No. C-04-9, § 3, 3-16-04; Ord. No. C-11-18, § 10, 8-23-11; Ord. No. C-23-45, § 2, 12-19-23)

Members of the board shall be appointed by resolution of the city commission and each shall be a resident of the city.

(Ord. No. C-97-19, § 1(47-30.3), 6-18-97; Ord. No. C-11-18, § 10, 8-23-11)

A.

The regular meeting of the board shall be held on the third Wednesday of each month at city hall, or at such other locations as designated by resolution of the City Commission, so long as the board has business to conduct, except when:

1.

this day is a legal holiday observed by the city; or

2.

the regular meeting is rescheduled on an intermittent basis to a date and time as may be designated by the board and announced at the regularly scheduled meeting immediately preceding the rescheduled meeting, or

3.

is canceled by the chairperson or zoning administrator because of emergency.

If the regularly scheduled meeting falls on a legal holiday observed by the city, that meeting shall be held on the following day. In addition to the regularly scheduled or re-scheduled meeting date(s), the board may meet at such other times as agreed upon during the regularly scheduled monthly meeting. In addition to the regularly scheduled or re-scheduled meetings, the chairperson may designate special meetings at other times after ten (10) days' advance notice to the members. Nothing herein with regard to regularly scheduled, re-scheduled or special meetings of the board shall be deemed a waiver of the notice procedures set forth in Section 47-27 hereof.

In the computation of any time period involved in planning and zoning board proceedings, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday recognized pursuant to Florida Statutes Chapter 683 or the city, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday. When the period of time prescribed or allowed is less than seven (7) days, the intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

B.

The planning and zoning board shall elect from its members a chairperson and a vice-chairperson at an annual election held in December of each year who shall serve for terms of one (1) year and who shall be eligible for reelection.

C.

The department shall provide all clerical services needed by the board. This shall include the keeping of records, receiving of applications, collecting of fees, preparing the agenda, sending out notices of meetings, preparing the minutes of the board's meetings, answering correspondence and doing whatever clerical tasks as are necessary for the operation of the board.

(Ord. No. C-97-19, § 1(47-30.4), 6-18-97; Ord. No. C-05-36, § 1, 11-15-05; Ord. No. C-23-23, § 5, 6-6-23; Ord. No. C-23-45, § 2, 12-19-23)

Except for the provisions of the charter in regard to the adoption of changes in the city comprehensive plan, a quorum of this board shall be five (5) members, and a majority vote of a quorum shall be required for a decision on any matter before the board. If a quorum is not present no meeting shall be held and any items of business shall be continued to the next regular meeting of the board.

(Ord. No. C-97-19, § 1(47-30.5), 6-18-97)

The planning and zoning board shall be the Local Planning Agency for the city in accordance with Laws of Fla. ch. 75-257 (F.S. § 163.3174), commonly known as the Local Government Comprehensive Planning Act of 1975.

(Ord. No. C-97-19, § 1(47-31.1), 6-18-97)

A.

The duties of the local planning agency shall be as follows:

1.

The local planning agency shall be responsible for the preparation of the comprehensive plan or comprehensive plan amendment or shall designate the department to prepare the comprehensive plan or comprehensive plan amendment.

2.

To review and hold public hearings upon the adoption of the comprehensive plan or amendments to the comprehensive plan.

3.

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

4.

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

5.

Perform any other functions, duties and responsibilities assigned to it by the city commission or by general or special law.

(Ord. No. C-97-19, § 1(47-31.2), 6-18-97)

A.

The local planning agency shall be the planning and zoning board and for certain matters, an additional member as provided in subsection B. The provisions of Section 47-30, Planning and Zoning Board, shall be applicable to the planning and zoning board acting as the local planning agency.

B.

To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, a representative appointed by The School Board of Broward County shall serve as an ex officio, non-voting member on the local planning agency ("School Board LPA member") to consider only the following matters:

1.

City Comprehensive Plan amendments and rezonings that would, if approved, increase residential density for the property that is the subject of the development permit application.

2.

Developments of regional impact and other residential or mixed use developments with a residential component that if approved, may increase residential density and affect student enrollment, projections or school facilities.

Participation by the School Board LPA member shall be limited to providing information in accordance with Chapters 163 and 1013, Florida Statutes, as may be amended from time to time, which information may include the impact of increased residential density on public school facilities, the coordination of the City's Plan with the plans of the School Board and the process for collaborative planning and decision making on population projections and public school siting.

(Ord. No. C-97-19, § 1(47-31.3), 6-18-97; Ord. No. C-05-15, § 1, 7-6-05)

The purpose of the historic preservation board is to implement the city's historic preservation regulations which promote the cultural, economic, educational and general welfare of the people of the city and of the public generally through the preservation and protection of historically or architecturally worthy structures.

(Ord. No. C-97-19, § 1(47-32.1), 6-18-97)

The definitions provided in Section 47-24.11 shall apply to this Section 47-32.

(Ord. No. C-97-19, § 1(47-32.2), 6-18-97)

A.

To take action necessary and appropriate to accomplish the purpose of this board. These actions may include, but are not limited to:

1.

Continuing the survey and inventory of historic buildings and areas and archeological sites and the plan for their preservation.

2.

Recommending the designation of historic districts and individual landmarks and landmark sites.

3.

Regulating any alterations, demolitions, relocations, adaptive use and new construction to designated property by issuing certificates of appropriateness.

4.

Applying the "United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as guidelines for changes to designated property.

5.

Working with and advising the federal, state and county governments and other boards and departments of the city.

6.

Advising and assisting property owners and other persons and groups, including neighborhood organizations which are interested in historic preservation.

7.

Initiating plans for the preservation and rehabilitation of individual historic buildings.

8.

Undertaking education programs including the preparation of publications and the placing of historic markers.

9.

Review National Register nominations and provide comments to the appropriate entities.

B.

The board shall have the power to conduct public hearings to consider historic preservation issues. A simple majority of the membership shall be required for decisions involving landmarks, landmark sites, and historic districts. Applicants shall be given written notification of the board's decisions. The board shall prepare and keep on file available for public inspection a written annual report of its historic preservation activities, cases, decisions, qualifications of members and other historic preservation work.

(Ord. No. C-97-19, § 1(47-32.3), 6-18-97; Ord. No. C-99-14, § 18, 3-16-99)

A.

The historic preservation board shall consist of nine (9) members to be appointed by the city commission. Each commissioner shall nominate two (2) members and the Mayor shall nominate one (1) member.

B.

Members shall serve for a period of four (4) years from date of appointment.

C.

In the event of a vacancy, the city commission shall appoint a successor to fill the unexpired term within sixty (60) days of the vacancy.

D.

Any member may be removed from the board by the city commission.

E.

Members shall serve without compensation.

F.

The provisions of Section 2-219 of the Code of Ordinances - Rules governing board and committee appointments, shall apply to the historic preservation board when such provisions are not in conflict with this section of the Code. (Located in Section 2-219 of the Code.) In the event of conflict, the provisions in this Section 47-32 shall prevail.

(Ord. No. C-97-19, § 1(47-32.4), 6-18-97; Ord. No. C-99-14, § 19, 3-16-99; Ord. No. c-19-16, § 1, 7-9-19; Ord. No. C-23-45, § 3, 12-19-23)

A.

Members shall be residents of the city and shall have knowledge of historical or architectural development within the city and have deep concern for the preservation, development and enhancement of the historic buildings in the city.

B.

To the extent possible, one (1) member shall be a registered architect, four (4) members shall be from one (1) of the following occupations: architect, historian, real estate agent, real property appraiser, planner, engineer, building contractor, lawyer, landscape architect and banker or financial institution officer, and the remaining members shall be from other segments of the community.

(Ord. No. C-97-19, § 1(47-32.5), 6-18-97; Ord. No. C-11-18, § 10, 8-23-11)

A.

The board shall hold regular monthly meetings unless there is no business to be brought before the board. The board shall adopt rules for the time and place of such meetings.

B.

The calling of special meetings may be done by the chairperson when warranted by extraordinary circumstances.

C.

The historic preservation board shall elect from its members a chair and a vice-chair at an annual election held in December of each year, who shall serve for terms of one (1) year and who shall be eligible for reelection.

D.

The board shall receive assistance in the performance of its historic preservation responsibilities from the department. Other city staff members or consultants may be asked to assist the board by providing technical advice or help in the administration of the historic preservation regulations.

(Ord. No. C-97-19, § 1(47-32.6), 6-18-97; Ord. No. C-99-14, § 20, 3-16-99; Ord. No. C-23-45, § 3, 12-19-23)

A quorum of this board shall be five (5) members. A majority vote of a quorum shall be required for a decision on any matter before the board.

(Ord. No. C-97-19, § 1(47-32.7), 6-18-97; Ord. No. C-98-2, § 2, 1-21-98; Ord. No. c-19-16, § 1, 7-9-19)

The board of adjustment shall receive and hear appeals in cases involving the ULDR, to hear applications for temporary nonconforming use permits, special exceptions and variances to the terms of the ULDR, and grant relief where authorized under the ULDR. The board of adjustment shall also hear, determine and decide appeals from reviewable interpretations, applications or determinations made by an administrative official in the enforcement of the ULDR, as provided herein.

(Ord. No. C-97-19, § 1(47-33.1), 6-18-97)

A.

The board of adjustment shall have exclusive jurisdiction to perform the following duties:

1.

To grant temporary permits for nonconforming use of buildings or lands in the city for short periods of time, not exceeding one (1) year from the date of entry of the final order granting such relief and for which no extensions or additional nonconforming permits may be granted.

2.

To hear and decide appeals by proper parties where it is alleged that there is error in any reviewable interpretation, application or determination made by an administrative official in the enforcement of the ULDR and to modify or reverse such ruling upon finding the interpretation of facts or interpretation of law clearly erroneous or to affirm such ruling upon interpretation of facts or law by such administrative official which is not clearly erroneous.

3.

To hear and decide special exceptions, to decide such questions as are involved in determining whether special exceptions should be granted and to grant such special exceptions with conditions and safeguards as are appropriate under the ULDR.

4.

To authorize upon application in specific cases such variances from the ULDR as are authorized under the ULDR, and to decide such questions as are involved in determining whether a variance should be granted and to grant such variances with conditions and safeguards as are appropriate under the ULDR.

B.

The board of adjustment shall not have jurisdiction to grant any relief that does not conform to the city's comprehensive plan.

(Ord. No. C-97-19, § 1(47-33.2), 6-18-97)

A.

The board of adjustment shall consist of seven (7) regular members and three (3) alternate members.

B.

Such members shall be appointed by resolution of the city commission.

C.

Regular and alternate members shall serve two (2) year terms.

D.

Vacancies occurring during a membership term shall be filled by appointment for the balance of the existing term.

E.

Members of said board shall serve without compensation.

(Ord. No. C-97-19, § 1(47-33.3), 6-18-97)

Each member of the board of adjustment including alternate members shall be a resident of the city and shall have previously served as a member of the planning and zoning board for at least one (1) year, or be otherwise equally qualified.

(Ord. No. C-97-19, § 1(47-33.4), 6-18-97; Ord. No. C-11-18, § 10, 8-23-11)

In case of temporary absence or disqualification of any regular member of the board of adjustment, the chairperson of the board of adjustment shall have the right and authority to designate any alternate member of the board to serve on the board during the continuance of such absence or disqualification, but no more than two (2) alternates shall serve on the board of adjustment at any time. While serving alternates shall have the same powers as regular members. Alternate members shall attend all meetings of the board until such time as it has been determined by the chair that all regular members are in attendance and that there are no conflicts of interest which would prohibit a regular member from hearing an appeal.

(Ord. No. C-97-19, § 1(47-33.5), 6-18-97)

A.

The board shall meet regularly on the second Wednesday of each month at city hall, or at such other locations as designated by resolution of the City Commission, so long as the board has business to conduct, except when:

1.

This day is a legal holiday observed by the city, or

2.

Re-scheduled on an intermittent basis to a date and time as may be designated by the board and announced at the regularly scheduled meeting immediately preceding the re-scheduled meeting, or

3.

Cancelled by the chairperson or zoning administrator because of emergency.

If the regularly scheduled meeting falls on a legal holiday, that meeting shall be held on the following day. In addition to the regularly scheduled or re-scheduled meeting date(s), the board may meet at such other times as agreed upon during the regularly scheduled monthly meeting. In addition to the regularly scheduled or re-scheduled meetings, the chairperson may designate special meetings at other times after ten (10) days' advance notice to the members. Nothing herein with regard to regularly scheduled, re-scheduled or special meetings of the board shall be deemed a waiver of the notice procedures set forth in Section 47-27 hereof.

B.

The board shall elect from its members a chairperson and vice-chairperson at an annual election held in June of each year who shall serve for terms of one (1) year and who shall be eligible for reelection.

C.

The city commission, by resolution, shall fix and determine the rules and procedures of the board of adjustment.

D.

In the computation of any time period involved in board of adjustment proceedings, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday recognized pursuant to F.S. ch. 683 or the city, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday. When the period of time prescribed or allowed is less than seven (7) days, the intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(Ord. No. C-97-19, § 1(47-33.6), 6-18-97; Ord. No. C-04-49, § 1, 10-5-04; Ord. No. C-23-23, § 6, 6-6-23)

Five (5) members shall constitute a quorum. The concurring vote of a majority plus one (1) of those members of the board of adjustment present and voting shall be necessary to give validity to any final order of the board. The board may adopt preliminary and procedural motions by a simple majority vote of those present and voting.

(Ord. No. C-97-19, § 1(47-33.7), 6-18-97)