A.

No application for a development permit issued by the city for the development of land within the city shall be reviewed or development permit issued, unless in compliance with the requirements and in accordance with the procedures set forth in this Section 47-24.

B.

No person shall undertake any development in the city as defined herein, nor shall any person use or develop any parcel of land or water for any purpose without first obtaining a development permit from the city in accordance with this section. No building or engineering permit shall be issued for a development which is not in compliance with the development permit issued for such development.

C.

List of development permits. Table 1 provides a list of the types of development, the development order required for each and the department, committee, board or commission with authority to review, approve, or both, the development permit. Table 1 also identifies the review criteria required for a permit, as further described in Section 47-25, Development Review Criteria.

1.

Requirements for a certificate of compliance. Prior to the issuance of a permit as required by this section, a certificate of compliance (COC) shall be issued by the department when the requirements for a specific development permit have been met. A COC shall also be required for all development which is regulated by the ULDR and which is not otherwise required to obtain one (1) or more of the development permits as provided herein.

D.

Development review criteria. In addition to meeting the requirements of the district in which a proposed development is located; the standards for the use and location of the development and the requirements for a development permit as set forth in this section; all development permits shall be subject to Section 47-25, Development Review Criteria, as specified therein.

E.

Review process. Table 1 identifies the department, committee, board or commission with authority to review and approve the issuance of a development permit. Table 1 also identifies which permits may be reviewed by the city commission upon city commission request, and the appropriate body to consider an appeal from a denial of a development permit.

F.

Application requirements. An application for a development permit shall be submitted to the department on forms provided by the department. Unless otherwise provided herein, the following is a list of the minimum requirements for an application for a development permit. Additional information necessary in order to determine if the development meets the ULDR may be required as identified on the application form for a specific development permit.

1.

Name, address and telephone number of the applicant or authorized representative for the applicant.

2.

A statement of ownership of the subject property or proof of authorization to apply for a development permit from the legal property owner of the parcel proposed for development.

3.

Survey of the subject property.

4.

Legal description of the subject property.

5.

A brief description of the development permit request.

6.

Existing use of the subject property.

7.

Proposed use of the subject property

8.

Existing zoning of the subject property.

9.

Existing land use designation of the subject property.

10.

Existing zoning, existing use, and existing land use designation of lands within seven hundred (700) feet of the subject property.

11.

A general vicinity map showing the location of the parcel proposed for development or use at a scale of not less than one (1) inch equals five hundred (500) feet.

12.

Such other information as required pursuant to the ULDR and additional information necessary to support the application.

13.

For development permits that require public notice as provided in Section 47-27, Notice Procedures for Public Hearings, the following:

a.

Property appraiser's tax map showing all properties required to be noticed, and their relation to the subject parcel.

b.

List of property owners' names, tax identification number and address and one (1) set of addressed size #10 envelopes, with appropriate postage affixed and showing the city's return address for each property owner required to be noticed.

14.

For development permits that require public participation notice as provided in Section 47-27, Notice Procedures for Public Hearings, the following:

a.

The applicant shall provide an affidavit documenting that notice was provided at a minimum of ten (10) days prior to both the Development Review Committee and Planning and Zoning Board meetings.

b.

The applicant shall provide a written report letter to the Department of Sustainable Development, with copy to subject association(s), documenting the date(s), time(s), location(s), number of participants, presentation material and general summary of the discussion after a public participation meeting(s) has taken place a minimum of thirty (30) days prior to the Planning and Zoning Board hearing. The report letter shall summarize the substance of comments expressed during the process and shall be made a part of the administrative case file record. An application for a development permit that is subject to this section cannot proceed to Planning and Zoning Board until this report letter is submitted to the Department.

G.

Applicant. When used herein an applicant for a development permit shall have the meaning provided as follows:

1.

An owner of property shall be the owner in fee simple title of the property proposed to be developed or his or her authorized representative who wishes to develop or use property within the city in a manner which by the ULDR requires a development permit; or

2.

The city, by and through the city manager, city commission or department.

H.

Fees and costs. All applications for a development permit shall have an application fee as established by the city commission as set forth in a resolution, as amended from time to time. In addition to the application fee, any additional costs incurred by the city including review by a consultant on behalf of the city or special advertising costs shall be paid by the applicant. Any additional costs which are unknown at the time of application but are later incurred by the city shall be paid by the applicant prior to the issuance of a development permit.

I.

Determination of completeness.

1.

Within five (5) business days of receiving an application for a development permit, the department shall review the application to determine if the information provided is complete. The department shall notify the applicant of any deficiencies in the application.

2.

Upon submittal of additional information, the department will determine if the application is complete.

3.

If an applicant fails to provide additional information as requested by the department within two (2) weeks of the request or respond to the department with a time when the information will be submitted, the application shall be deemed to be withdrawn by the applicant.

4.

At a minimum, an application for a development permit must evidence compliance with the city's adopted land use plan and the minimum standards of the ULDR.

5.

Review of an application by the department shall not commence until the application is determined to be complete.

J.

Burden of proof. The applicant shall have the burden of showing that all standards, requirements, and criteria of the ULDR have been met.

K.

Public notice and public participation.

1.

Notice procedures. Public notice required for development permits and approvals shall be as provided in Section 47-27, Notice Procedures.

2.

Public Participation Meeting. The applicant for a development permit application specified in this subsection are required to host a public participation meeting that is open to the public at which a presentation on the proposed development that is subject of the development permit application. The applicant shall make their best effort to provide members of the public an opportunity to be informed about projects subject to development permit application review prior to a final decision is made on whether to grant or deny the application. The following are the minimum requirements for public participation meeting:

a.

A public participation meeting is required thirty (30) days prior to preliminary Administrative Review Committee or Development Review Committee whichever is applicable for the following development permit application review types:

i.

Development permit applications for an amendment to a site plan level III or site plan level IV development permit that proposes:

a)

an increase of the floor area or height to a proposed or existing building, that does not exceed five (5) percent of the existing or approved floor area or height;

b)

any modification to reduce yards or setbacks up to five (5) percent of the existing or approved yard or setback; or

c)

other amendments that exceed the approval authority of the department and requires review and approval as new development, in accordance with the procedure for such development, by the body which gave final approval to the original development permit.

ii.

Site plan level II development permit in a RAC zoning district or RAC land use.

b.

A public participation meeting is required thirty (30) days prior to public hearings before Planning and Zoning Board or the City Commission, whichever is applicable, for a development permit application for a site plan level Ill review, site plan level IV review, conditional use request, parking reduction request, flex allocation, cluster development, modification of yards, waterway use request, public purpose use application, land use amendments, any development in the Regional Activity Centers that requires approval by the Planning and Zoning Board or the City Commission, excluding plat and easement vacation requests.

c.

Public participation meetings shall be noticed as provided in Section 47-27, Notice Procedures for Public Hearings and Public Meetings.

d.

The applicant shall provide a written report ("Public Participation Report") to the Department and send a copy to official city-recognized civic organization(s) within three hundred (300) feet of the development site for the proposed project. The Public Participation Report must contain the date(s), time(s), and location(s) of the public participation meeting(s): the number of participants who attended the public participation meeting; enclosure a copy of all presentation material and provided a general summary of the discussion held at the public participation meeting(s) that includes the substance of comments expressed during the meeting. The Public Participation Report shall be made a part of the administrative case file record.

L.

Number of votes required for approval. Approval of a development permit as required by the ULDR shall be by a majority vote of a quorum of the members of the board, committee or commission present and voting on such permit, except as follows:

1.

Board of adjustment approval of a variance or special exception, motion for rehearing or an interpretation of the ULDR shall be by a vote of a majority plus one (1).

M.

Expiration of site plan and conditional use approvals.

1.

All site plans, conditional use approvals and certificates of appropriateness (hereinafter collectively referred to as "site plan") shall expire unless:

a.

A complete application for a building permit for an above-ground principal structure as shown on the approved site plan has been submitted within eighteen (18) months following the date of approval of the site plan; and

b.

A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of approval of the site plan; and

c.

Such building permit remains valid and in effect until a certificate of occupancy, or other equivalent approval is granted for such principal structure.

2.

An approved site plan that includes more than one (1) principal structure, shall expire unless:

a.

A complete application and building permit and a certificate of occupancy is issued for one of the above-ground principal structures as provided in subsection M.1; and

b.

A complete application for a building permit for any subsequent above-ground principal structure shown on the approved site plan has been submitted within eighteen (18) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and

c.

A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and

d.

Such building permit remains valid and in effect until a certificate of occupancy or other equivalent approval is granted for such principal structure; and

e.

A complete application is submitted and building permits are issued for each subsequent principal structure in accordance with subsections 2.a., b., and c. until a certificate of occupancy of its equivalent is issued for all of the principal structures on the approved site plan.

f.

Notwithstanding the provisions of this subsection 2., a site plan that includes more than one principal structure shall expire if certificates of occupancy for all principal structures have not been issued within seven (7) years of site plan approval.

3.

If a building permit for construction of a principal structure as provided herein expires, the site plan shall expire and prior to issuance of any additional building permits, the applicant shall be required to submit an application for and receive approval of a new site plan for such principal structure.

4.

If a site plan expires, the allocation of dwelling units granted for any principal structure that has not received a certificate of occupancy or equivalent certification shall expire at the time the site plan expires.

5.

a.

An extension of time for site plan expiration shall be granted by the reviewing body approving the site plan when all applicable building, zoning and engineering regulations remain the same and good cause for the delay has been shown by the applicant. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant. An extension shall only be granted where an applicant has requested an extension during the effective period of the development permit. If any applicable building, zoning or engineering regulation has been changed during the twenty-four (24) month period, then the proposed development shall be reviewed only to the extent that the changes affect the proposed development.

b.

An extension of time for expiration of a site plan for development sites located within the Northwest-Progresso-Flagler Heights Community Redevelopment Area ("NPFCRA") may be granted by the Executive Director of the Fort Lauderdale Community Redevelopment Agency based on the conditions provided in subsection 5.a. In no event shall an extension be granted for a period of time greater than twenty-four (24) months. If the executive director denies the extension, applicant may reapply for an extension in accordance with the provisions of subsection 5.a.

N.

Effect of DRC, planning and zoning board, historic preservation board and city commission review. Any review and decision by the DRC shall govern and control any department review on all issues addressed and determined by the DRC. Any review and decision by the planning and zoning board shall govern and control any department or DRC review on all issues addressed and determined by the planning and zoning board. Any review and decision of the historic preservation board shall govern and control any department or DRC review on all issues within the authority of the HPB. Any review and decision by the city commission shall govern and control any department, DRC, historic preservation or planning and zoning board review on all issues addressed and determined by the city commission.

O.

Time for meeting conditions. Conditions which are imposed in connection with a development permit which do not require a building permit shall be met at the time of issuance of a development permit associated with the site plan, except if the applicant shows that due to factors associated with the site such conditions cannot be met, the department may extend the time. If a condition requires construction of an improvement, such construction shall be commenced at the time of commencement of the part of the development which relates to the condition. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy. If conditions are imposed which are required to be met and an applicant fails to meet such conditions, the development permit may be revoked by the same body utilizing the same process as applicable to the issuance of the permit.

P.

Payment of monies in lieu of installation of required improvements. In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements. The city will accept such payment or bond from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, and such delay will not cause risk to public health or safety. Funds in the amount of the cost of the required improvements will be paid to, or a bond in the amount of one hundred twenty-five percent (125%) of the cost of the required improvements shall be posted with the city. Any funds collected or bonds posted pursuant to this subsection shall only be expended upon the improvements for which the money or bond was obtained. Such funds shall be expended within five (5) years of the date such money or bond was collected by the city. If the cost of said improvements is less than the money held by the city, or if it has not been spent or used within the five (5) year time frame, then a refund of any funds held by the city shall be made to the developer or the bond shall be released. However, should any required improvement be budgeted and planned for completion within said five (5) year time frame, but not started or totally completed within said five (5) years, then in that case no refund or release shall be required. A developer shall only be required to pay its proportionate share of the cost of required improvements in those cases in which the improvement does not solely benefit the development.

TABLE 1. DEVELOPMENT PERMITS AND PROCEDURES

(Ord. No. C-97-19, § 1(47-24.1), 6-18-97; Ord. No. C-97-26, § 6, 7-15-97; Ord. No. C-98-2, § 1, 1-21-98; Ord. No. C-99-14, § 12, 3-16-99; Ord. No. C-99-30, § 1, 5-4-99; Ord. No. C-99-75, § 2, 12-21-99; Ord. No. C-99-76, § 2, 11-16-99; Ord. No. C-00-25, § 2, 5-16-00; Ord. No. C-00-26, § 5, 6-6-00; Ord. No. C-02-13, § 2, 6-18-02; Ord. No. C-02-14, § 1, 6-18-02; Ord. No. C-03-23, § 2, 7-1-03; Ord. No. C-07-101, § 2, 11-20-07; Ord. No. C-10-13, § 2, 4-20-10; Ord. No. C-10-50, § 1, 1-4-11; Ord. No. C-11-24, § 5, 9-20-11; Ord. No. C-13-16, § 2, 6-4-13; Ord. No. C-14-51, § 1, 1-21-15; Ord. No. C-15-01, § 1, 1-21-15; Ord. No. C-17-34, § 2, 10-3-17; Ord. No. C-18-11, § 1, 4-17-18; Ord. No. C-19-34, § 1, 11-5-19; Ord. No. C-20-38, § 4, 11-5-20; Ord. No. C-21-27, § 4, 9-9-21; Ord. No. C-21-31, § 2, 10-5-21; Ord. No. C-22-04, § 1, 2-15-22; Ord. No. C-22-18, § 7, 9-22-22; Ord. No. C-24-37, § 2, 9-3-24; Ord. No. C-25-14, § 1, 4-15-25)

A.

Site plan level I, level II, level III and level IV.

1.

Applicant. The owner of property proposed for development.

2.

Application. An application for a site plan level review shall be submitted to the department. The application shall include the information provided in Sec. 47-24.1.F.

3.

Review process.

a.

Site plan level I (department).

i.

An application for a site plan level I approval shall be submitted to the department for review to determine whether the proposed development meets the standards and requirements of the ULDR and site plan level I criteria.

ii.

Within ten (10) business days of submittal of a complete application, the department shall provide to the applicant a written report of the comments and recommendations regarding compliance with the standards, requirements and criteria.

iii.

If the department determines that the proposed development or use meets the standards, requirements and criteria, the department shall approve or approve with conditions necessary to ensure compliance with the criteria for the proposed development or use, the site plan level I development permit.

iv.

If the department determines that the proposed development or use does not meet the standards, requirements and criteria for the proposed development or use, the department shall deny the site plan level I development permit.

b.

Site plan level II (development review committee).

i.

An application for a site plan level II approval shall be submitted to the department and the development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level II criteria.

ii.

Within no less than ten (10) business days and not more than twenty-two (22) working days of submission of a completed application, the DRC shall conduct a meeting to consider the application and the applicant shall have an opportunity to be heard in accordance with the rules of procedure adopted by the DRC. The department shall forward its comments for inclusion in the DRC report.

iii.

The DRC shall provide the applicant with a written report of the comments and recommendations to be discussed at the meeting regarding compliance with the standards and requirements of the ULDR and criteria for site plan level II.

iv.

Upon the DRC determination that the proposed development or use meets the standards, requirements and criteria of the ULDR the DRC shall approve or approve with conditions necessary to ensure compliance with the standards, requirements and criteria for the proposed development or use, the site plan level II permit.

v.

If the DRC determines that the proposed development or use does not meet the standards, requirements and criteria for the proposed development or use, the DRC shall deny the site plan level II permit.

c.

Site plan level III (planning and zoning board).

i.

An application for a site plan level III shall be submitted to the department and the development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level III criteria. The review shall be conducted within the time provided for a site plan level II review.

ii.

The department shall forward its and the DRC recommendations to the planning and zoning board for consideration.

iii.

Upon the DRC determination that the proposed development meets the standards and requirements of the ULDR, criteria for site plan level III, and has held the required public participation meetings a minimum of thirty (30) days prior to the Planning and Zoning Board meeting, the applicant may within sixty (60) business days of the DRC determination, request planning and zoning board consideration.

iv.

Within no less than twenty (20) business days and not more than sixty (60) business days of applicant's request for planning and zoning board consideration, the planning and zoning board shall hold a public meeting to consider the application and the record and recommendations forwarded by the department and DRC and shall hear public comment on the application.

v.

If the planning and zoning board determines that the proposed development or use meets the standards and requirements of the ULDR and criteria for site plan level III review, the planning and zoning board shall approve or approve with conditions necessary to ensure compliance with the standards and requirements of the ULDR and criteria for the proposed development or use, the issuance of the site plan level III permit.

vi.

If the planning and zoning board determines that the proposed development or use does not meet the standards and requirements of the ULDR and criteria for the proposed development or use, the planning and zoning board shall deny the site plan level III permit.

vii.

After approval by the planning and zoning board, the application shall be returned to the DRC for review and approval to ensure that the site plan level III conditions as required by the planning and zoning board are incorporated into the site plan.

d.

Site plan level IV (city commission).

i.

The application for a site plan level IV shall be submitted to the department and the development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level IV criteria.

ii.

The applicant shall conduct a public participation meeting(s) a minimum of thirty (30) days prior to the Planning and Zoning Board meeting.

iii.

The department shall forward its and the DRC recommendations to the planning and zoning board for consideration.

iv.

During a regular public meeting the planning and zoning board shall consider the application and the record and recommendations forwarded by the department and DRC and shall hear public comment on the application.

v.

The planning and zoning board shall determine whether the proposed development or use meets the standards and requirements of the ULDR and criteria for site plan level IV development and shall forward its recommendation to the city commission.

vi.

During a public meeting the city commission shall consider the application and the record and recommendations forwarded by the department, DRC and planning and zoning board and shall hear public comment on the application.

vii.

If the city commission determines that the proposed development or use meets the standards and requirements of the ULDR and criteria for a site plan level IV development, the city commission shall approve or approve with conditions necessary to ensure compliance with the standards and requirements of the ULDR and criteria for the proposed development or use, the issuance of the site plan level IV permit. If the city commission determines that the proposed development or use does not meet the standards, requirements and criteria, the city commission shall deny the application.

viii.

After approval of the site plan level IV by the city commission, the application shall be returned to the DRC for final review and approval to ensure that the planning and zoning board and city commission conditions for approval are incorporated into the site plan.

4.

Criteria. The development review criteria as provided in Section 47-25 for site plan levels shall be as follows:

a.

Site Plan Level I Adequacy Requirements, Sec. 47-25.2.

b.

Site Plan Level II Adequacy Requirements, Sec. 47-25.2.

c.

Site Plan Level III Adequacy Requirements, Sec. 47-25.2.

d.

Site Plan Level IV Adequacy Requirements, Sec. 47-25.2.

In addition to the adequacy requirements in Sec. 47-25.2, the neighborhood compatibility requirements in Sec. 47-25.3 for specified uses and structures at any site plan level shall apply as follows: See Table 1 of this section.

5.

Amendments to site plan.

a.

If the applicant wishes to change the development from that approved in accordance with this section, the amendment will be required to be reviewed as a new development in accordance with the procedure for such development, except for administrative approval of an amendment in accordance with subsection A.5.b.

b.

Administrative approval of amendments to site plan level III or IV.

i.

Amendment to a site plan level III or level IV permit which has been approved by the planning and zoning board or the city commission pursuant to the ULDR may be approved by the director without further review or approval by such body as follows:

a)

Any modification to reduce floor area or height of a proposed or existing building.

b)

Any modification to allow the alteration of the interior of an existing building which does not alter the external appearance of the building.

c)

Any modification to allow minor cosmetic alteration of the external facade of an existing building, including new or renovated signage, awnings and architectural detailing, provided that the overall architectural character is not changed.

d)

Any modification increasing yards, setbacks or both, provided that the zoning district does not have a "build to" requirement. If the removal of any portion of a structure results in an increase in yard or setback, the original architectural and site character must be maintained and the department may impose conditions of approval to ensure this requirement is met.

ii.

Amendment to a site plan level III or level IV permit which has been approved by the planning and zoning board or the city commission pursuant to the ULDR may be approved by the director, subject to Commission Request for Review as follows:

a)

Any modification to increase floor area or height to a proposed or existing building, that does not exceed five percent (5%) of the existing or approved floor area or height.

b)

Any modification to reduce yards or setbacks up to five percent (5%) of the existing or approved yard or setback, that does not violate the required minimum yard or setback; the building has not already received an approved yard modification; and the original architectural style and site character is maintained.

iii.

More than one (1) modification of an approved development plan as described in i. or ii. above may be approved by the director without review and approval by the planning and zoning board or city commission, provided that the total modifications do not exceed the maximum permitted as provided therein.

iv.

Notice of application for modification as provided in subsection ii. shall be provided by the applicant to the presidents of homeowner associations and presidents of condominium associations, or both, representing property within three hundred (300) feet of the applicant's property. Notice shall be in the form provided by the department and mailed on the date the application is accepted by the department. The names and addresses of homeowner associations shall be those on file with the city clerk.

c.

Other amendments. If the applicant wishes to change the development to an extent which exceeds the authority of the department to approve amendments as provided in subsection A.5.b. i or ii, the proposed amendment to the site plan level III or level IV permit will be required to be reviewed by the department and forwarded to the body which gave final approval to the original development permit. All approvals of amendments to a development permit by the Planning and Zoning Board shall be subject to City Commission Request for Review.

6.

Effective date of approval. Site plan level development permits which are not subject to a commission request for review ("CRR") shall take effect upon approval of the development permit. The site plan level permits subject to CRR are shown on Table 1 in Sec. 47-24.1 or other provisions of the ULDR and the process for review is provided in Section 47-26B, Appeals. Except as provided herein, site plan level development permits which are subject to a CRR shall not take effect nor shall any building permit be issued for thirty (30) days and then only if no motion is adopted by the city commission seeking to review the application. The action of the body approving the development permit shall be final and effective after the expiration of the thirty (30) day period if no action is taken by the city commission and after the site plan has been reviewed to include all conditions imposed by the reviewing body as a requirement of approval as evidenced by final DRC review and execution. For development permits approved under Section 47-24.2.A.5.b the motion shall be considered within fifteen (15) business days of the decision by the lower body. The action of the body approving the development permit shall be final and effective after the expiration of the fifteen (15) business day period if no action is taken by the city commission and after the site plan has been reviewed to include all conditions imposed by the reviewing body as a requirement of approval as evidenced by final department review and execution.

7.

Appeal. If a site plan level development permit is denied or is approved with conditions unacceptable to the applicant and appeal to a city body is provided in the ULDR as shown on Table 1 in this Section 47-24, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B, Appeals.

8.

Multiple requests for site plan level review. If a development requires more than one (1) site plan level review, or a site plan level review and a conditional use review, the applications shall be combined and reviewed in accordance with the procedures for the higher level of required review. For example if one (1) site plan requires site plan level II review and a site plan level III review, both requests will be combined and reviewed under the procedures for a site plan level III permit.

(Ord. No. C-97-19, § 1(47-24.2), 6-18-97; Ord. No. C-02-45, § 1, 1-7-03; Ord. No. C-15-01, § 2, 1-21-15)

A.

Generally. It is the purpose of this section to provide criteria for conditional uses within specified zoning districts, which, because of certain characteristics as evaluated in the review criteria below, may not be appropriate at particular locations within the district, but which may be desirable in other locations for the orderly development of the city and for the public convenience or welfare.

B.

Applicant. The owner of property proposed for development.

C.

Application. An application for a conditional use permit shall be submitted to the department. The application shall include the information provided in Sec. 47-24.1.F and the following:

1.

A description of the inherent nature of the proposed use;

2.

The methods and materials utilized in the operation of the use;

3.

The scope of the proposed operation;

4.

A description of the economic and environmental impact on the surrounding area by permitting the conditional use.

D.

Review process. The review process for a conditional use permit shall be the same as required for a site plan level III approval, as provided in Sec. 47-24.2, Site Plan Development Permit, subsection A.3.c.

E.

Criteria. The following review criteria shall be applied in considering an application for a conditional use permit:

1.

Impact on abutting properties as evaluated under the Neighborhood Compatibility Requirements, Sec. 47-25.3.

2.

Access, traffic generation and road capacities. Consideration will be given to the design capacity of the adjacent roadways, the particular traffic generation characteristics of the proposed conditional use, including the type of vehicular traffic associated with such uses, and traffic generation characteristics of other uses permitted in particular zoning districts.

3.

The applicant must show and it must be found by the reviewing body that the following have been met:

a.

The location of the use or structure is not in conflict with the city's comprehensive plan;

b.

Off-site or on-site conditions exist which reduce any impact of permitting the use or structure;

c.

On-site improvements have been incorporated into the site plan which minimize any adverse impacts as a result of permitting the use or structure;

d.

The location of the use in proximity to a similar use does not impact the character of the zoning district in which the use is located;

e.

There are no adverse impacts of the use which effect the health, safety and welfare of adjacent properties.

F.

Effective date of approval. A conditional use permit shall not take effect nor shall a building permit be issued until thirty (30) days after approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal of the planning and zoning board decision is filed by the applicant as provided in Section 47-26B, Appeals. The motion of the planning and zoning board shall be final and effective after the expiration of the thirty (30) day period with no action taken by the city commission, and after the conditional use plans have been revised to include all conditions imposed by the planning and zoning board as a requirement for approval as evidenced by final DRC review and approval.

G.

Amendment. If the applicant wishes to change a conditional use development as approved by the planning and zoning board to an extent which exceeds the authority of the director to approve amendments as provided in Sec. 47-24.2.A.5.b.ii, the proposed amendment to the development or use will be required to be reviewed and approved by the planning and zoning board in accordance with the procedures for review and approval of a new conditional use permit.

H.

Appeal. If the planning and zoning board denies or approves with conditions unacceptable to the applicant, or if the city commission wishes to review an application for a conditional use permit, the provisions of Section 47-26B, Appeals, shall apply.

(Ord. No. C-97-19, § 1(47-24.3), 6-18-97)

A.

Applicant. The owner of the property sought to be rezoned or the city.

B.

Application. An application for a rezoning shall be made to the department. The application shall include the information provided in Sec. 47-24.1.F.

C.

Review process.

1.

An application for rezoning shall be submitted to the department for review to consider if the application meets the rezoning criteria.

2.

The department shall forward its recommendations to the planning and zoning board for consideration.

3.

The planning and zoning board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application.

4.

If the planning and zoning board determines that the application meets the criteria as provided in this section, the planning and zoning board shall recommend that the rezoning be approved or recommend a rezoning to a more restrictive zoning district than that requested in the application if necessary to ensure compliance with the criteria for the rezoning and if consented to by the applicant.

5.

If the planning and zoning board determines that the application does not meet the criteria provided for rezoning or if the applicant does not consent to a more restrictive zoning district, the planning and zoning board shall deny the application and an appeal to the city commission may be filed by the applicant in accordance with Section 47-26B, Appeals.

6.

If the rezoning application is recommended for approval or if an appeal of a denial of an application has been filed by the applicant in accordance with this section, the planning and zoning board shall forward its record and recommendations to the city commission for consideration.

7.

The city commission shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and the planning and zoning board and shall hear public comment on the application.

8.

If the city commission determines that the rezoning meets the criteria for rezoning the city commission shall approve the change in zoning as requested in the application or approve a change to a more restrictive zoning district than that requested in the application if necessary to meet the criteria provided for rezoning and if consented to by the applicant. If the city commission determines that the proposed rezoning does not meet the criteria in, or if the applicant does not consent to a more restrictive zoning district, the city commission shall deny the application.

9.

Approval of a rezoning shall be by ordinance adopted by the city commission.

10.

If an application is for rezoning of more than ten (10) contiguous acres, the application shall be considered in accordance with Sec. 47-27.5.B, Notice Procedures for Public Hearings.

D.

Criteria. An application for a rezoning shall be reviewed for compliance with Section 47-25, Development Review Criteria. In addition, an application for a rezoning shall be reviewed in accordance with the following criteria:

1.

The zoning district proposed is consistent with the city's comprehensive plan.

2.

The changes anticipated by the proposed rezoning will not adversely impact the character of development in or near the area under consideration.

3.

The character of the area proposed is suitable for the uses permitted in the proposed zoning district and is compatible with surrounding districts and uses.

E.

Effective date of approval. A rezoning shall take effect at the time provided in the ordinance approving the rezoning.

F.

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

G.

New application after denial. No application for a rezoning which has been previously denied by the planning and zoning board or by the city commission shall be accepted for at least two (2) years after the date of denial. An application to rezone property to a designation that is different than the designation which was applied for and denied and is different thana designation that was considered and denied as part of an application by the planning and zoning board, city commission or both, will be accepted and considered without consideration of time since a previous application was denied.

H.

Appeal. If the planning and zoning board or city commission denies the rezoning and the applicant desires to appeal the denial, the provisions of Section 47-26B, Appeals, shall apply.

(Ord. No. C-97-19, § 1(47-24.4), 6-18-97; Ord. No. C-16-05, § 1, 9-7-16)

A.

Subdivision approval.

1.

Applicability of subdivision regulations. No person shall create a subdivision of land nor develop land in the city unless it conforms to these regulations. A subdivision shall be defined as the division of land into two (2) or more lots, sites, tracts, parcels, tiers, blocks, units or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

2.

Platting required. Plat or replat means a map or delineated representation of the subdivision of lands. No building permit shall be issued for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been recorded in the official public records of Broward County subsequent to June 4, 1953 (Commencing at Plat Book 32, page 15), except as provided herein.

3.

Exceptions to platting. The requirements in subsection A.2, shall not apply to an application for a building permit which meets any one (1) or more of the following criteria:

a.

Construction of two (2) or fewer residential dwelling units. Applications for two (2) or fewer residential dwelling units on property under the same ownership, within five hundred (500) feet of property exempted within the past twelve (12) months, shall not be exempt.

b.

Construction of any principal structure for a multifamily or nonresidential use on a lot or parcel which is less than ten (10) acres in size and the majority of which is specifically delineated on a plat recorded on or before June 4, 1953;

c.

Construction of a replacement building in which the proposed reconstruction will be utilized for the same general use, is equal to or less than the gross area of the original principal building and will be located within the same general footprint. (For the purpose of this guideline, "original building" means the total gross floor area devoted to the principal use on a parcel as of November 22, 1978. November 22, 1978 was the effective date of the 1977 Broward County Land Use Plan countywide platting requirement.)

d.

Construction of single-family, infill development that is deed-restricted to affordable housing for a time period of at least fifteen (15) years. For the purposes of this exemption, infill development shall be defined as, "the development of new housing on scattered vacant sites in a built-up area."

e.

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

f.

A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the board determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of the development of the governmental facility. Such a finding shall be made in a resolution if Broward County is the government seeking to construct the facility and issue the permit; and by agreement with the affected units of local government in other circumstances. A certificate of occupancy shall not be issued until the plat is recorded. In addition to meeting the above criteria, the issuance of the building permit shall be subject to all of the following:

i.

Compliance with the applicable land development regulations; and

ii.

Any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan and the city's street width provisions provided in this section has been conveyed to the public by deed or grant of easement.

4.

Resubdivision of lots of record. Division of lots in a subdivision of record shall be permitted as follows:

a.

Lands platted before June 4, 1953. A lot or parcel specifically delineated in a plat recorded on or before June 4, 1953, which is less than five (5) acres in size and is reduced in size in combination with enlarging an abutting specifically delineated lot or parcel provided the resulting lots satisfy the dimensional requirements of the zoning district in which they are located, as well as these subdivision regulations. In addition, any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan must have been conveyed to the public by deed or grant of easement. In addition:

i.

In the RS-4.4, RS-8 and RD-15 districts lots or parcels may be recombined without replatting provided the resulting lots are not reduced in size below that in the original subdivision of record, except that each unit of a duplex in an RD-15 district may be on a separate lot of three thousand (3,000) square feet.

ii.

In all other districts, lots may be recombined without replatting if no additional building lots or parcels are created.

b.

Lands platted after June 4, 1953. A lot or parcel specifically delineated in a plat recorded after June 4, 1953 which is less than five (5) acres in size and is reduced in size in combination with enlarging an abutting specifically delineated lot or parcel provided the resulting lots satisfy the dimensional requirements of the zoning district in which they are located, as well as these subdivision regulations. In addition, any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan must have been conveyed to the public by deed or grant of easement. In addition:

i.

In the RS-4.4, RS-8 and RD-15 districts lots or parcels may be recombined without replatting provided the resulting lots are not reduced in size below that in the original subdivision of record, except that each unit of a duplex in an RD-15 district may be on a separate lot of three thousand (3,000) square feet.

ii.

In all other districts, lots may be divided or recombined without replatting.

c.

Lots of record redivided prior to April 6, 1976. Lots in the RS-4.4, RS-8 and RD-15 districts consisting of portions or combinations of portions of lots in a subdivision plat of record redivided prior to April 6, 1976, shall be considered as conforming to these regulations provided they meet the building site requirements of the zoning district. Redivided prior to the above date shall mean: (1) Record ownership of the redivided lots, or portions thereof, was vested prior to said date in two (2) or more individuals; or (2) A building permit was applied for prior to said date on a portion of the redivided lots; provided, however, that not more than two (2) additional permits shall be issued pursuant to this section.

d.

Building permits prior to April 6, 1976. All building permits issued in accordance with the provisions of subsections A.4.a, b, and c, prior to April 6, 1976 are hereby confirmed, ratified and approved.

B.

Procedure for preparation and filing of plats. Plats shall be reviewed and approved by the city prior to or concurrent with review and approval by the county. The requirements for the preparation of and the procedure for filing of a plat shall be as follows:

1.

Applicant. The owner of property proposed to be platted.

2.

Application to Development Review Committee (DRC).

a.

An application for plat review shall first be submitted to the department. The department shall forward the application to the DRC for review pursuant to subsection B.4.

b.

The proposed plat shall be presumed to have the maximum impact on necessary services and facilities permitted under the city's land use plan, as amended. An applicant for a development permit for plat approval may apply for review of a plat at less than the presumed maximum impact and the city shall review that application for impact on services and facilities at the development level requested. The face of each recorded plat shall bear a notation indicating the developmental level at which the plat was reviewed for adequacy of services pursuant to this section. All future development shall be limited to the restrictions indicated by the notation.

3.

Application to planning and zoning board. An application for plat review and approval by the planning and zoning board and city commission shall be made to the department, upon determination by the DRC of plat conformity with applicable regulations, pursuant to subsection B.5.

4.

DRC review process.

a.

An application for plat review shall be submitted to the department for review by the DRC.

b.

The DRC shall conduct a meeting to consider the application and the applicant shall have an opportunity to be heard in accordance with the rules of procedure which the DRC shall adopt.

c.

The DRC shall forward to the applicant a written report of the comments and recommendations discussed at the meeting regarding compliance with the provisions of this section and applicable land development regulations.

5.

Planning and zoning board/city commission review process.

a.

Upon determination by the DRC of the plat's conformity with applicable regulations, an application for plat review and approval shall be submitted to the department for submittal to the planning and zoning board for review.

b.

The DRC and the department shall forward its recommendation(s) to the planning and zoning board for consideration.

c.

During a regular public meeting the planning and zoning board shall consider the application and the record and recommendations forwarded by the DRC and the department and shall hear public comment on the application.

d.

The planning and zoning board shall determine whether the proposed plat meets the provisions of this section and other applicable land development regulations and shall forward its recommendation to the city commission.

e.

During a regular public meeting the city commission shall consider the application and the record and recommendations forwarded by the DRC, the department, and the planning and zoning board and shall hear public comment on the application.

f.

If the city commission determines that the proposed plat satisfies the provisions of this section and other applicable land development regulations, it shall approve the plat by resolution, with or without modification. If the city commission determines that the plat does not satisfy all applicable regulations, it shall deny the plat.

6.

City engineer sign-off.

a.

The city engineer shall sign the plat after it has been formally approved by the city commission and immediately prior to transmission to the county for recording.

C.

Plat technical specifications.

1.

The plat submitted for approval shall be clearly and legibly drawn in black waterproof drawing ink upon tracing cloth or an approved drafting film.

2.

Plats shall be on sheets twenty-four (24) inches by thirty-six (36) inches overall, with one (1) inch borders on three (3) sides and a three (3) inch border on the left. When the size or shape of the subdivision necessitates more than one (1) sheet, each sheet shall be clearly marked as near as possible to the upper right corner "Sheet No. (_____) of (total) Sheets." All multiple sheet plats shall be clearly cross-referenced to the proper sheet numbers at the match lines and a reasonable portion of the overlapping area shall be shown in outline form. In addition, every plat sheet shall have placed in the upper right corner outside the border "Plat Book Page" for the use of the recorder.

3.

The plat shall be at a scale of not more than one hundred (100) feet to the inch and shall include the following information:

a.

Subdivision name or identifying title including the section(s), township(s), range(s), city, county, and state.

b.

Location sketch showing location of subdivision with respect to section lines and surrounding streets and landmarks.

c.

North point, graphic scale and month and year plat drawn.

d.

Corporate limits when in or adjacent to subdivision.

e.

Boundary lines of the tract with accurate distances to hundredths of a foot and angles to half minutes. These boundaries shall be determined by accurate survey in the field, which shall be balanced and closed with error closures not to exceed one (1) foot to five thousand (5,000) feet. Surveys shall be coordinated and tied into the nearest established section corner or quarter section corner by angle and distance.

f.

The exact names, locations and widths along the property lines of all existing or recorded streets intersecting or paralleling the boundaries of the tract.

g.

The accurate location of all permanent reference monuments.

h.

The exact layout including: street and alley lines, street names, bearings, angles of intersection and widths (including widths along the lines of any obliquely intersecting streets); lengths of area and radius, points of curvature and tangent bearings; all easements owned by or rights-of-way provided for public utilities; all lot lines with dimensions in feet and hundredths, and with bearings or angles if other than right angles to the street and alley lines.

i.

Lots numbered in numerical order within each block or lettered in alphabetical order within each block, and blocks numbered in numerical order or lettered in alphabetical order.

j.

The accurate outline of all property which is to be dedicated or proposed for public use including open drainage courses and suitable easements, and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision with the purposes indicated thereon.

k.

A complete description of land intended to be subdivided, and the extent and boundaries of the platted area shall be graphically indicated in a clear and understandable manner.

l.

Names and locations of adjoining subdivisions, the adjacent portions of which shall be shown in outline form.

m.

Acknowledgment by the owner or owners and all mortgage lienholders of lands included within the plat of the execution of same and the dedication to public use of all streets, alleys, parks, easements and other public places shown upon same.

n.

The certificate of the surveyor attesting to the accuracy of the survey and that the permanent reference monuments have been established according to law.

o.

Space and forms for the following necessary approvals:

i.

City commission.

ii.

City planning and zoning board.

iii.

City engineer.

iv.

County commission.

v.

County engineer.

p.

Dedication. The plat shall contain upon the face thereof an unreserved dedication to the public of all streets, highways, alleys, parks, parkways, easements, commons or other public places included within the plat, such dedication to be subscribed to by the legal and equitable owners of such lands and by all persons holding mortgages against such lands, which dedication shall be acknowledged before an officer authorized to take acknowledgments of deeds. Such plat containing such dedication, when properly recorded, shall constitute a sufficient, unrevokable conveyance to vest in the city fee title to the parcel of land dedicated for public use, to be held by the city in trust for the uses and purposes intended, and the approval of the plat by the city commission shall have the force and effect of an acceptance.

q.

Payment of taxes. No plat shall be accepted by the city or approved by the city commission unless and until all taxes and improvement liens levied against the lands included in such plat have been paid and discharged.

D.

Subdivision layout.

1.

Streets and alleys.

a.

Conformity to trafficways plan. The location, direction and width of all streets, roads and highways shall conform to the official city plan, and to ordinances of city.

b.

Relation to existing street system. The arrangement of streets in new subdivisions shall make provision for the proper extension of existing dedicated streets in existing subdivisions, where such extension is appropriate. Streets shall bear numerical names, unless waived by the board.

c.

Provision for platting adjoining unplatted areas. The arrangement of streets in new subdivisions shall be such as to facilitate, and coordinate with the desirable future platting of adjoining unplatted property, and to provide for local circulation and convenient access to neighborhood facilities.

d.

Protection from through traffic. Minor and collector residential streets shall be laid out and arranged so as to discourage their use by through traffic.

e.

Primary arterial street frontage. Where a residential subdivision abuts a primary arterial street either existing or proposed in the trafficways plan, the board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to assure separation of through and local traffic.

f.

Plats adjacent to railroad or expressway right-of-way. Where a subdivision borders on or contains a right-of-way for a railroad, expressway, drainage canal or waterway, the board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades for future bridges.

g.

Reserve strips. Reserve strips controlling access to streets shall be prohibited, except where deemed desirable by the board to prevent use of a residential street by business or industrial traffic.

h.

Private streets. There shall be no private streets platted in any subdivision. Every subdivided lot or property shall be served from a publicly dedicated street. This requirement may be waived by the board in special situations where the board finds public safety, convenience and welfare can be adequately served.

i.

Half streets. New half or partial streets shall not be permitted, except where it appears reasonable that the owner of adjacent lands will provide the balance of the needed right-of-way upon development of such adjacent lands. Wherever a tract to be subdivided borders on dedicated existing half or partial street the other part of the street shall be taken into consideration in meeting requirements.

j.

Dead-end streets. Dead-end streets shall be prohibited, except where appropriate as stubs to permit future street extension into adjoining unsubdivided tracts, or when designed as cul-de-sacs.

k.

Cul-de-sac streets.

i.

Cul-de-sacs, permanently designed as such, shall not exceed four hundred (400) feet in length, except on finger islands.

ii.

Cul-de-sacs shall be provided at the closed end with a circular dedicated area not less than seventy (70) feet in diameter for turnaround purposes.

l.

Street rights-of-way.

i.

Street rights-of-way for expressways, primary arterials, major thoroughfares and secondary thoroughfares shall conform to the Broward County Trafficways Plan. Other street rights-of-way shall be not less than the following, except when a greater right-of-way is specified in the Broward County Trafficways Plan:

ii.

Additional right-of-way width may be required to promote public safety and convenience, or to assure adequate access, circulation and parking in high density residential areas, commercial areas, industrial areas, and at intersections with arterial streets, pursuant to DRC review.

iii.

Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards may be required, pursuant to DRC review.

m.

Alleys.

i.

Alleys shall be provided to serve multiple dwelling, business, commercial and industrial areas, except that the board may waive this requirement where other definite and assured provision is made for service access, off-street loading, unloading and parking consistent with and adequate for the uses permissible on the property involved.

ii.

The width of an alley shall be a minimum of twenty (20) feet for two-way travel, and may be less for one-way travel.

iii.

Changes in alignment of alleys shall be made on a center line radius of not less than thirty-seven (37) feet.

iv.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks and other vehicles at the dead-end, with a minimum external diameter of ninety-four (94) feet, or as determined to be adequate by the board.

n.

Easements.

i.

Dedicated easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be at least ten (10) feet in width.

ii.

Where a subdivision is traversed by a presently existing functional watercourse, drainage way, canal or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses and such further width as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith where necessary for service or maintenance.

iii.

Easements may be required for drainage purposes of such size and location as may be determined by the city engineer.

o.

Street alignment.

i.

Curvilinear streets are recommended for residential minor and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas, where practicable.

ii.

Whenever a street changes direction, or connecting street lines deflect from each other, by more than ten (10) degrees, that shall be a horizontal curve.

iii.

To insure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:

a)

Minor streets: one hundred fifty (150) feet.

b)

Collector streets: three hundred (300) feet.

c)

Secondary arterial streets and section line roads: five hundred (500) feet.

d)

Major arterial thoroughfares: seven hundred fifty (750) feet.

iv.

A tangent at least one hundred (100) feet long shall be provided between reverse curves on collector streets, and at least two hundred fifty (250) feet long on major and secondary arterial thoroughfares and section line roads.

p.

Street intersections.

i.

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees, except at a "Y" intersection of two (2) minor streets.

ii.

Multiple intersections involving junction of more than two (2) streets shall be prohibited except where found to be unavoidable by the board.

iii.

"T" intersections of minor and collector streets are to be encouraged.

iv.

As far as possible, intersections with arterial streets shall be located not less than eight hundred (800) feet apart, measured from center line to center line.

v.

Streets entering opposite sides of another street shall be laid out directly opposite each other or with a minimum offset of one hundred twenty-five (125) feet between their center lines.

vi.

Right-of-way lines at street intersections shall be in conformance with the following minimum criteria:

a)

The right-of-way line shall be the chord of a twenty (20) foot radius for the intersection of two (2) minor streets.

b)

The right-of-way line shall be the chord of a twenty-five (25) foot radius for the intersection of a minor and a major street.

c)

The right-of-way line shall be the chord of a thirty (30) foot radius for the intersection of two (2) major streets.

Where the angle of intersection is less than sixty (60) degrees, the chord of a greater radius may be required by the board. The board may waive the requirement for a chord at the intersection of two (2) minor streets when that requirement has also been waived by the city engineer; however, the minimum radius of the right-of-way shall be twenty (20) feet.

q.

Excessive street widths. Streets shall not be platted to a width more than one hundred fifty percent (150%) of the minimum width specified in these regulations for the type of street involved. No street shall be platted for center median development except where such center median may be desirable or necessary for traffic separation and safety, and aesthetics as determined by the board.

2.

Blocks.

a.

The lengths, widths, and shapes of blocks shall be determined with due regard to:

i.

Provision of adequate building sites, suitable to the special needs of the type of use contemplated.

ii.

Zoning requirements as to lot sizes and dimensions.

iii.

Needs for convenient and safe access, circulation, control of pedestrian and vehicular traffic.

iv.

Limitations and opportunities of topographic features.

b.

Block lengths shall not exceed one thousand three hundred twenty (1,320) feet nor be less than five hundred (500) feet, unless found unavoidable by the board.

c.

Pedestrian crosswalks, not less than ten (10) feet in width, may be required through blocks over one thousand (1,000) feet in length, where necessary in the judgment of the board to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities.

3.

Lots.

a.

The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of surrounding development.

b.

Lot dimensions and areas shall be not less than specified by applicable provisions of the zoning regulations in effect, and shall further conform to these regulations

c.

Lots for detached single family and duplex dwellings shall provide lot sizes not less than the following:

i.

In the RS-4.4 district, lot area of ten thousand (10,000) square feet and width of one hundred (100) feet.

ii.

In the RS-8 district, lot area of seven thousand five hundred (7,500) square feet and width of seventy-five (75) feet.

iii.

In the RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25 and RMH-60 districts, lot area of seven thousand five hundred (7,500) square feet and width of seventy-five (75) feet.

d.

It is recommended that corner lots for residential use have such additional width, greater than a corresponding interior lot, as may be necessary to provide appropriate building setbacks and orientation to both streets.

e.

Side lot lines shall be substantially at right angles or radial to street lines.

f.

Double frontage and reverse frontage lots for residential use shall be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific handicaps of topography and orientation. A planting strip of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous situation.

g.

Street frontage. Every lot shall abut upon and have permanent access to a public street.

h.

Lot arrangement and design shall be properly related to topography, to nature of contiguous property and to the character of surrounding development. Where existing lots are replatted or the size and shape of a tract to be platted makes conformance with the provisions of these subdivision regulations unreasonable and impracticable in the judgment of the planning and zoning board, the board is hereby authorized to vary the requirement in appropriate cases in such manner as to carry out the spirit and purpose of the subdivision regulations.

4.

Canals. Canals and waterways, other than drainage ditches, shall be dedicated to public use. Canals shall be not less than sixty (60) feet in width. Canals which connect to navigable waterways shall have a center line water depth of at least nine (9) feet at mean high tide, or if not subject to tidal flow shall have a center line water depth of at least six and one-half (6½) feet at all times.

E.

Required subdivision improvements.

1.

Preparation of plans. Receipt of the signed copy of the approved preliminary plat is authorization for the subdivider to proceed with the plans and specification for the minimum improvements required under this section and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereof, the subdivider shall furnish the city engineer all plans, information, and data necessary to determine the character of said improvements and compliance with city standards and specifications. These plans shall be examined by the city engineer and will be approved if in accordance with all requirements. Following this approval, construction can be started or the amount of a bond determined. Construction shall be subject to supervision of the city engineer.

2.

Subdivision improvements bond. No final plat of any subdivision shall be approved unless the subdivider shall file with the city a surety bond executed by a surety company authorized to do business in the state and having a resident agent in the county, conditioned to secure the construction of the improvements required under this section, in a satisfactory manner and within a time period specified by the city commission, such period not to exceed two (2) years. No such bond shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to one and one-half (1½) times the cost of constructing the improvements as estimated by the city engineer and in form with surety and conditions approved by the city attorney. In lieu of a bond, cash deposit or other acceptable security may be made. In case of forfeiture, the city shall proceed with the improvements to the extent of the available money realized from such forfeiture.

3.

Subdivision improvements required. The following minimum subdivision improvements shall be provided and installed by the subdivider, provided that the city commission may waive the provision or installation of such portions of these improvements by the subdivider on or in streets on the exterior boundary or perimeter of the subdivision, under one (1) of the following circumstances: Where the city commission finds that it would be unreasonable and inequitable to require the subdivider to be responsible for the entire cost of such improvements and the commission finds there is a reasonable probability that the remaining portion of such improvements will be provided through the subdividing of the contiguous property, or where the city commission finds that such improvements can be reasonably and satisfactorily provided through special assessments for local improvements:

a.

Monuments. The subdivider shall provide and install monuments as follows:

i.

At intersection of center lines of all streets install a one-inch pipe, three (3) feet long, embedded in concrete, top flush with finished pavement.

ii.

Permanent reference monuments as required by Florida Plat Law.

b.

Grading. All streets, crosswalks and alleys shall be graded to their full width by the subdivider in accordance with city specifications. Due to special topographical conditions, deviation from the above will be allowed only with special approval of the city engineer.

c.

Storm drainage. An adequate drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided by the subdivider for the proper drainage of all surface water. In cases where a subdivision is located at such a distance from waterways, main drains or drainage canals that the board finds a complete storm drainage system for the subdivision to be impracticable and unreasonable, the board may waive or reduce this requirement.

d.

Paving.

i.

All streets of a subdivision shall be paved by the subdivider in full accordance with specifications of the city.

ii.

Minimum widths. All minor and collector streets in residential areas shall be paved to a minimum width of thirty (30) feet and provided with concrete curbs and gutters where storm drainage is required. Where storm drainage is waived by the board, the minimum pavement width shall be twenty-four (24) feet and there shall be no curbs and gutters. On primary arterials, major thoroughfares, and secondary thoroughfares where storm drainage is required the subdivider shall have the option of providing the minimum twenty-four-foot pavement without curbs and gutters, or providing curbs and gutters with a pavement in excess of thirty (30) feet as determined by the city engineer.

e.

Sidewalks.

i.

Sidewalks shall be installed on both sides of all streets designated as primary arterials, major thoroughfares and secondary arterials, and for streets zoned or intended for business or industrial development, unless deemed unnecessary for pedestrian travel by the board.

ii.

Sidewalks shall be installed on both sides of all streets in residential areas, except that the board may modify this requirement where it can be shown that they are not needed for the protection of pedestrians and school children.

iii.

All sidewalks shall be at least five (5) feet in width, constructed of portland cement concrete, and constructed to the specifications of the city. Sidewalks of greater width may be required on major streets and heavy pedestrian travel areas as provided for in this section.

iv.

The board, upon recommendation of the city engineer, may waive the requirement for sidewalks on streets where the average width of lots is two hundred (200) feet or more, or where a park, railroad, canal, or other use on one (1) side of a street makes a sidewalk not essential for safety of pedestrians, or where the requirement for sidewalks would cause a storm drainage problem in a location where the requirement for storm drainage has been found impracticable by the board, or on finger islands where they are deemed impracticable by the board.

v.

Where it appears that a previously dedicated street forms a boundary of a subdivision, the subdivider must dedicate proper sidewalk areas upon the side of the street abutting the lands subdivided.

f.

Water supply system. Water mains properly connected with the city water supply system shall be provided by the subdivider in such a manner as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. Water mains shall be designed and installed by or under the supervision of the city engineer.

g.

Sanitary sewers. Sanitary sewers shall be installed by the subdivider in areas where a sanitary sewerage system is available or has been authorized and financed. Such sanitary sewers, mains and laterals shall be properly connected to a city sewage disposal system or arranged for suitable future connection, and shall be designed by a registered engineer, subject to the approval of the city engineer. The installation shall be made under the supervision and inspection of the city engineer. Expense of design, supervision and inspection of the sewage disposal system shall be borne by the developer. In addition to sewer mains, laterals shall be installed to each platted lot and stubbed off at the property line for future connection. The sanitary sewer system shall also be subject to the approval of the state board of health. The use of individual septic tanks in lieu of a sanitary sewer system shall not be permitted without county health department approval, and only in cases where connection to the sanitary sewerage system is impracticable.

h.

Canals and waterways. All canals and other dedicated waterways shall be excavated by the subdivider to the width and length shown on the plat, and to the minimum depth specified in this section.

F.

Recordation and expiration of plat. Proof must be submitted to the city commission prior to the adoption of a resolution approving the plat that the persons signing the plat and executing the dedication are all of the owners of all of the property platted or replatted. The approval of all persons holding mortgage liens against any property platted or replatted shall appear upon the plat. Such plat or replat must be recorded in the official records of the county within three (3) years after the adoption of the resolution approving same; otherwise the approval is automatically rescinded and canceled, and the plat shall become null and void.

(Ord. No. C-97-19, § 1(47-24.5), 6-18-97; Ord. No. C-21-12, § 2, 4-6-21)

A.

Vacation of rights-of-way or other public place (city commission).

1.

Applicant. The applicant must abut the public street, alley or other publicly dedicated or conveyed place sought to be vacated or the city.

2.

Application. An application for a vacation of right-of-way, waterway or other public place shall be submitted to the department. The application shall include a legal description of the right-of-way, waterway, public place or portion thereof proposed to be vacated and written consent executed by every utility company with existing utilities or a right to locate such utilities within the public place. A traffic study may be required by the DRC if necessary to determine if the application meets the criteria.

3.

Review process.

a.

An application shall be submitted to the department for review to consider if the application meets the criteria for a vacation of right-of-way.

b.

The department shall prepare a report to be included with the application regarding existing utilities within the right-of-way and whether the criteria have been met.

c.

The department shall forward the DRC recommendations to the planning and zoning board for consideration.

d.

During a public meeting, the planning and zoning board shall consider the application for vacation of right-of-way, and the record and recommendations forwarded by the DRC and shall hear public comment on the application.

e.

If the planning and zoning board determines that the application meets the criteria for vacation and recommends approval of the vacation, the recommendation shall be forwarded to the city commission for consideration.

f.

If the planning and zoning board determines that the criteria have not been met, the board shall deny the application and the procedures for appeal to the city commission as provided in Section 47-26B, Appeals, shall apply.

g.

If the application is forwarded to the city commission, the city commission shall hold a public hearing to consider the application and the record and recommendations forwarded by the DRC and planning and zoning board and shall hear public comment on the application.

h.

If the city commission determines that the application meets the criteria for vacation the city commission shall approve the vacation.

i.

Approval of a vacation shall be by ordinance adopted by the city commission.

j.

If the city commission determines that the proposed development or use does not meet the criteria, the city commission shall deny the application.

4.

Criteria. An application for a vacation of a right-of-way or other public place shall be reviewed in accordance with the following criteria:

a.

The right-of-way or other public place is no longer needed for public purposes; and

b.

Alternate routes if needed are available which do not cause adverse impacts to surrounding areas; and

c.

The closure of a right-of-way provides safe areas for vehicles to turn around and exit the area; and

d.

The closure of a right-of-way shall not adversely impact pedestrian traffic; and

e.

All utilities located within the right-of-way or other public place have been or will be relocated pursuant to a relocation plan; and the owner of the utility facilities has consented to the vacation; or a utilities easement has been retained over the right-of-way area or portion thereof; or an easement in a different location has been provided for the utility facilities by the owner to the satisfaction of the city; or any combination of same and utilities maintenance shall not be disrupted.

5.

Appeal. If an application for vacation is denied by the city commission, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B, Appeals.

6.

Effect upon approval. The ordinance approving a vacation of right-of-way or other public place shall be recorded in the public records of the county within thirty (30) days after adoption. The ordinance may provide for the retention of a utility or other type of easement needed by the city, and may have a delayed effective date in order that any necessary conditions relating to the vacation may be met.

(Ord. No. C-97-19, § 1(47-24.6), 6-18-97)

A.

Vacation of easement (city commission).

1.

Applicant. The applicant shall be the owner of property subject to public easement sought to be vacated or the city.

2.

Application. An application for a vacation of easement shall be made to the department, and shall include a legal description of the easement or portion thereof proposed to be vacated and written consent executed by every utility company with existing utilities or a right to locate such utilities within the easement.

3.

Review process.

a.

An application shall be submitted to the development review committee for review to consider if the application meets the criteria for a vacation of easement.

b.

The DRC shall prepare a report to be included with the application regarding existing utilities within the easement and whether the criteria have been met.

c.

The DRC shall forward its recommendation for a vacation of an easement to the city commission.

d.

During a regular public meeting, the city commission consider the application and the record and recommendations forwarded by the DRC and shall hear public comment on the application.

e.

If the city commission determines that the application meets the criteria for vacation, the city commission shall approve the vacation. If the city commission determines that the proposed development or use does not meet the criteria, the city commission shall deny the vacation.

f.

Approval of a vacation of an easement shall be by resolution adopted by the city commission.

4.

Criteria. An application for a vacation of an easement shall also be reviewed in accordance with the following criteria:

a.

The easement is no longer needed for public purposes.

b.

All utilities located within the easement have been or will be relocated pursuant to a relocation plan; and the owner of the utility facilities has consented to the vacation; or a portion of the easement area is maintained; or an easement in a different location has been provided by the utility facilities by the owner to the satisfaction of the city; or any combination of same.

5.

Appeal. If an application for vacation is denied by the city commission, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B, Appeals.

6.

Effect upon approval. The resolution approving a vacation of easement shall be recorded in the public records of the county within thirty (30) days after adoption. The resolution may provide for the retention of a utility or other type of easement needed by the city, and may have a delayed effective date in order that any necessary conditions relating to the vacation may be made.

(Ord. No. C-97-19, § 1(47-24.7), 6-18-97)

A.

Comprehensive plan amendment (city commission).

1.

When application is required. Any person requesting a proposed change to the city's adopted land use plan map or to any text within the city's adopted comprehensive plan shall be required to submit a comprehensive plan amendment application.

2.

Application requirements, review process, criteria and appeal. An application for a comprehensive plan amendment shall be submitted to the department for review by the planning and zoning board (local planning agency) and for approval and adoption by the city commission, in accordance with the requirements of F.S. ch. 163 and F.A.C. Rule 9J-5.

3.

Recertification by Broward County Planning Council. Amendment to the city's comprehensive plan must be recertified by the Broward County Planning Council prior to the approval taking effect.

(Ord. No. C-97-19, § 1(47-24.8), 6-18-97)

A.

Concurrency review finding of adequacy. For a proposed development requiring review by the development review committee (DRC), a finding of adequacy for all facilities except drainage and traffic shall be required. The department shall review and issue the finding based on the requirements set out herein. A finding for drainage and traffic shall be issued at the time initial DRC review is approved.

1.

Exemption. The following developments will be exempt from the requirements of this section:

a.

The construction of public transportation, potable water, sanitary sewer, solid waste, drainage, parks and recreation facilities or a development or construction project which is being undertaken for the protection of the public health, safety or welfare.

b.

Maintenance, renewal, improvement, alteration of any structure where the work affects only the interior or color of the structure or the decoration of the exterior of the structure.

c.

Permits for accessory structures to established residential structures.

d.

Any development order consistent with a development of regional impact pursuant to F.S. § 380.06, approved prior to January 1, 1990.

e.

Any development which has been determined to be vested as determined by the zoning administrator.

f.

Construction of one (1) single family house or duplex on one (1) platted lot or parcel of record as of January 1, 1990 and is in an in-fill area as defined by the Broward County Land Development Code.

g.

Expansion of a single family house or duplex.

h.

Change in the use of land to another use permitted within the same zoning district and within the same group occupancy categories as defined by the Florida Building Code when there is no expansion of the structure.

i.

The creation or termination of rights of access, riparian rights, covenants regarding development of the land or other rights in land.

2.

Finding of adequacy. An application for concurrency evaluation shall be submitted to the DRC prior to or simultaneous with an application for a development permit. Upon review of an application for concurrency evaluation, a finding of adequacy or inadequacy for those facilities as provided below shall be issued by the department and shall remain valid provided an application for development permit consistent with the application for concurrency evaluation is submitted within sixty (60) days of issuance of the finding and shall remain valid as follows:

a.

For a proposed development requiring review by the development review committee (DRC), a finding of adequacy for all facilities except drainage and traffic shall be issued. A finding for drainage and traffic shall be issued at the time initial DRC review is approved.

b.

For a proposed development requiring site plan level I approval and not DRC approval, a finding of adequacy for all facilities except drainage shall be issued. A finding of adequacy for drainage shall be issued at the time a complete application for a building permit is submitted. A finding of adequacy shall remain valid as long as the site plan is approved within six (6) months of submission of an application for site plan approval and shall remain valid as long as the site plan approval is valid.

c.

For a proposed development requiring a building permit, a finding of adequacy for all facilities except drainage shall be issued. A finding of adequacy of drainage shall be issued at the time a complete application for a building permit is submitted. A finding of adequacy shall remain valid as long as the building application is under review and if a building permit is issued, shall remain valid as long as the building permit is valid.

d.

For all proposed developments requiring a development permit, a finding of adequacy shall be valid for as long as the development permit is valid.

e.

An application for a development permit must be consistent with the information on which the concurrency evaluation was based. If the applicant increases the intensity or density of the development proposal during the development review process, a new concurrency evaluation will be required.

3.

Criteria. The criteria for review of an application for a finding of adequacy, is provided in Sec. 47-25.2, Adequacy Requirements.

4.

Conditional finding of adequacy.

a.

If it is found that a proposed development shall cause or contribute to the increase in a deficiency in the adopted level of service of existing facilities for potable water, sanitary sewer, solid waste, drainage, parks and recreation and transportation, a conditional finding of adequacy may be issued by the department based on the following:

i.

The necessary facilities or services are in place at the time the impacts of development occur; or

ii.

The necessary facilities are under construction at the time a development permit is issued; or

iii.

The applicant has entered into an enforceable development agreement that provides for the construction of the necessary facilities to be in place when the impacts of development occur.

b.

If it is found that a proposed development shall cause or contribute to an increase in a deficiency in the adopted level of service of existing facilities for parks and open space and transportation, a conditional finding of adequacy may be issued by the department based on the following:

i.

At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the development permit; or

ii.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit.

c.

It is found that a proposed development shall cause or contribute to an increase in a deficiency in the adopted level of service of existing facilities for transportation, a conditional finding of adequacy may be issued by the department based on the following:

i.

The necessary improvement to the transportation facilities is one (1) which complies with the requirements provided in F.A.C. Rule 9J-5.055(2)(c).

d.

There is an approved action plan to accommodate the traffic impact of the development.

i.

An action plan is a program of transportation improvements designed to accommodate the net traffic impact of development. Action plans shall be submitted to and reviewed by the development review committee. Final approval of an action plan shall be by an agreement with the city commission.

ii.

The proposed development is located within an existing urban service area where public facilities are already in place, and:

a)

For proposed development on vacant land, the residential density shall not exceed an average of four (4) dwelling units per gross acre and the nonresidential floor area shall not exceed ten percent (10%) of the gross land area; or

b)

For proposed redevelopment of developed property, the number of proposed dwelling units shall not exceed twice the number of existing dwelling units, and the proposed gross floor area for nonresidential use shall not exceed twice the existing floor area.

e.

In addition, the proposed development or redevelopment shall meet the following criteria:

i.

The traffic generated by the proposed development on the overcapacity link does not exceed one-tenth of one percent (0.1%) of the capacity of that link at the adopted level of service; and

ii.

The cumulative impact of the exemptions provided in this subsection A.4 shall not exceed three percent (3%) of the maximum capacity of any overcapacity link at its adopted level of service; and

iii.

The total traffic generated by the proposed development shall not exceed five hundred (500) trips per day.

f.

A notation shall be placed on the face of the plat, or recorded against the property via a separate document if the application is not for a plat, stating: "If a building permit for a principal building is not issued on the subject property within three (3) years of the issuance of the development order approving the plat, the finding of adequacy of the regional road network shall expire, and no additional building permits shall be issued unless a new finding, that the application satisfied the adequacy requirements for the regional road network, can be made."

5.

Installation of required improvements. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy.

6.

Payment of monies in lieu of installation of required improvements.

a.

In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements.

b.

The city will accept such payment or bond from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, and such delay will not cause risk to public health or safety.

c.

Funds in the amount of the cost of the required improvements will be paid to, or a bond in the amount of one hundred twenty-five percent (125%) of the cost of the required improvements shall be posted with the city.

d.

Any funds collected or bonds posted pursuant to this subsection shall only be expended within five (5) years of the date such money or bond was collected by the city.

e.

If the cost of said improvements is less than the money held by the city, or if the money has not been spent or used within the five (5) year time frame, then a refund of any funds held by the city shall be made to the developer or the bond shall be released.

f.

However, should any required improvement be budgeted and planned for completion within said five (5) year time frame, but not started or totally completed within said five (5) years, then in that case no refund or release shall be allowed.

g.

A developer shall only be required to pay its proportionate share of the cost of required improvements in those cases in which the improvement does not solely benefit the development.

(Ord. No. C-97-19, § 1(47-24.9), 6-18-97; Ord. No. C-03-23, § 2, 7-1-03)

A.

When permit is required. Any proposed development which exceeds the thresholds for development as established by F.S. ch. 380 shall be required to receive a DRI approval from the city.

B.

Application requirements, review process, criteria and appeal. An application for a DRI shall be submitted to the development review committee (DRC) for review by the DRC, the planning and zoning board and for approval and adoption by the city commission, in accordance with the requirements of F.S. ch. 380.

(Ord. No. C-97-19, § 1(47-24.10), 6-18-97)

A.

Intent.

1.

It is the intent of this section for the city to regulate the addition, demolition, construction, reconstruction, alteration, repair, moving, and excavation of historic landmarks and property located in historic districts to preserve, promote and protect the cultural, economic, educational, and general welfare of the public through the preservation of historically worthy structures. These regulations are intended to safeguard the City of Fort Lauderdale's local heritage and preserve the city's historic buildings, historic sites, archaeological sites, monuments, structures, neighborhoods and areas which reflect elements of the city's cultural, social, economic, political and architectural history.

2.

The city commission finds that the unique and significant character of the city will be preserved by protecting and enhancing its historic, architectural, aesthetic and cultural heritage with regulations that mandate specific design standards to prevent the destruction of historic landmarks and districts and protect the historic value of designated properties.

3.

The city commission finds that historic preservation serves a public purpose to protect the health, safety, and welfare of people in the City of Fort Lauderdale.

4.

The City of Fort Lauderdale's Historic Preservation Design Guidelines provide useful illustrations and case studies that assist the user in decisions when renovating, rehabilitating, restoring or making an addition to a historic property so that the essential form and design elements that create its character are respected. The guidelines are intended to help manage and protect the city's architectural and historical resources and assist city staff, the historic preservation board, and elected officials in making fair and informed decisions regarding improvements that have an impact on historic properties. Unless explicitly required in this section, the City of Fort Lauderdale Historic Preservation Design Guidelines are non-binding.

B.

Definitions. The following words when used in this section shall have the following meanings below; words not defined herein or in the Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), as amended, shall be interpreted by their common and ordinary meaning:

1.

Adaptive reuse. Any act or process that converts a structure to a use other than that for which it was designed, e.g., changing a bank into a restaurant, such may be accomplished with a varying degree of alteration to a structure or may vary from extensive remodeling to a slight alteration or change in use.

2.

Addition. Any expansion to the vertical or horizontal perimeter of a building connected to the existing building.

3.

Administrative certificate of appropriateness. Minor alterations, minor demolitions, in-kind replacements, and restorations that comply with Section 47-24.11.E. of the ULDR that may be approved by the department of sustainable development.

4.

Alteration. Any act or process that changes any exterior architectural appearance or feature of a designated property or certain designated interior features of designated landmarks, that is not an in-kind replacement.

5.

Archaeological site. Archaeological site shall mean a property or location that has yielded or is likely to yield the presence of artifacts on or below the ground surface indicating past use of the site by people and which has been designated as an archaeological site in accordance with this section.

6.

Architecturally worthy. An architectural design which represents either a significant aspect of the history of the city, architectural history in general or a significant design of an architect of historical importance.

7.

Certificate of appropriateness. A certificate issued by the historic preservation board indicating its approval of plans for alteration, construction, removal, or demolition of a landmark, landmark site or of a structure within a historic district.

8.

Certified local government. A local government with a historic preservation program which has been certified by the Florida Department of State, Division of Historical Resources in accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), as amended.

9.

Contributing property. A building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a landmark, landmark site, or district is significant due to any of the following reasons: it was present during the period of significance of the district and possesses historic integrity reflecting its character at that time; or it is capable of yielding important information about the period.

10

Comprehensive plan. The city's comprehensive plan as adopted by the city pursuant to F.S. Ch. 163, as amended.

11.

Decision or recommendation. When referring to the HPB, the executive action taken by the HBP on an application for a designation or a certificate of appropriateness regardless of whether that decision or recommendation is immediately reduced to writing.

12.

Demolition. An act or process that removes, pulls down, tears down, razes, deconstructs or destroys twenty-five (25) percent or more of the square footage of an existing building wall, structure, or foundation or any act or process that removes, pulls down, tears down, razes deconstructs or destroys an existing building, structure, or foundation that is visible from the right-of-way.

13.

Designation report. A report including but not limited to the property owner(s), site address, and legal description; a location map; an inventory of the structures on the site; a statement of significance identifying the period(s) of signification; a written narrative describing the architectural, historical, and/or cultural significance; planning context; current photographs; historic photographs (if available); and a bibliography listing sources.

14.

Excavation. The process of performing an archaeological dig to recover artifacts, historical materials or other archaeological features.

15.

Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

16.

Fort Lauderdale Register of Historic Places. The list of locally designated landmarks, landmark sites, and historic districts maintained by the City of Fort Lauderdale, Department of Sustainable Development, that have met the criteria for significance and have been designated by the HPB, in accordance to the provisions of this chapter.

17.

Florida Master Site File (FMSF). An archive and database of all known archaeological and historical sites and districts recorded within the State of Florida that is maintained by the Florida Department of State, Division of Historical Resources.

18.

Historic district. An area designated as a "historic district" by ordinance of the city commission and which may contain within definable geographic boundaries, one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic significance, architectural significance, or both, to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

19.

Historic Preservation Board. The City of Fort Lauderdale Historic Preservation Board ("HPB").

20.

Historic Preservation Design Guidelines. The City of Fort Lauderdale's Historic Preservation Design Guidelines, adopted by City Commission on May 15, 2012, by Resolution No. 12-92.

21.

Historic resource. Landscape features, archaeological sites and zones, structures, buildings, districts, and objects which have demonstrated significance in the history of the city, the county, the state and/or the nation through historic designation.

22.

Historically worthy. To have a special historical interest or value because it represents one (1) or more periods of styles of architecture typical of the city or because it has value as a part of the development, heritage or cultural characteristics of the city.

23.

In-kind replacement. A replacement of an architectural feature or site elements, whether or not it is visible from the right-of-way, that matches the original feature, uses the same material, and is the same size, scale, finish, profile, detail, and texture as the original architectural feature or site element.

24.

Interior Landmark. A building interior that is customarily open or accessible to the public that has been designated as a "landmark" by the city commission, that is worthy of rehabilitation, restoration and preservation because of its historic significance, its architectural significance, or both, to the city.

25.

Landmark. A property or structure designated as a "landmark" by the city commission, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic significance, its architectural significance, or both, to the city.

26.

Landmark site. The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark. A landmark site shall include the location of significant archeological features or of a historical event, and shall include all significant trees, landscaping and vegetation as determined by the HPB.

27.

Major Alteration. An alteration of a landmark, landmark site, or a structure located within a historic district that increases the existing square footage of a building, wall, structure or foundation by twenty-five ("25") percent or more whether it is visible or not visible from the right-of-way, or any alteration that is visible from the right-of- way.

28.

Minor Alteration. An alteration of a landmark, landmark site, or a structure located within a historic district that does not increase or modify the existing square footage of a building wall, structure or foundation by twenty-five ("25") percent or more and is not visible from the right-of-way.

29.

Minor Demolition. An act or process that removes, pulls down, tears down, razes, deconstructs or destroys less than twenty-five (25) percent of the square footage of an existing building wall, structure, or foundation, that is not visible from the right-of-way.

30.

National Register of Historic Places. A federal listing maintained by the U.S. Department of Interior that includes buildings, sites, structures, and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966, 16 U.S.C. 470, as amended.

31.

New construction. Any new building, structure, object or addition to a historic landmark, landmark site, or a contributing property, or a non-contributing property or vacant land in a historic district.

32.

Non-contributing property. A building, site, structure, or object that does not add to the historical architectural qualities, historic associations, or archaeological values for which a landmark, landmark site, or district and is not significant for any of the following reasons: it was not present during the period of significance of the district; or through alterations and/or additions has lost its physical integrity; or it is not capable of yielding important information about the period.

33.

Owner. An individual, entity, partnership, corporation, or public agency that holds fee simple title to real property. The term "owner" does not include individuals, partnerships, corporations, or public agencies holding easements or less than a fee simple interest (including leaseholds) in real property. The lessee of a land lease for a term exceeding seventy-five ("75") years, which lease entitles the lessee to construct, demolish, or alter buildings on the land, shall be considered an owner. When the ownership of a building has been divided into condominiums, the condominium association shall be considered the sole owner, so long as the condominium association has the support of the majority of condominium unit owners. When a building is owned by a cooperative corporation, the corporation shall be considered the sole owner.

34.

Relocation. The movement of a structure from one location to another location, including movement on its own site.

35.

United States Secretary of the Interior's Standards. A series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions or making alterations in accordance with the United States Department of Interior regulations, 36 CFR 67.

C.

Historic designation.

1.

Requests for Historic Designation. Requests for historic designation may be made by any of the following and as used in this section, the term applicant shall include those identified in subsections a. through e. below:

a.

By motion of the HPB; or

b.

By motion of the city commission; or

c.

By any property owner in respect to its own property; or

d.

A simple majority of property owners for designation within the boundaries of a proposed district by way of resolution or vote which must include the signature, name, address, phone number, and email address of each property owner; or

e.

By corporate resolution of a non-profit corporation executed by an officer authorized to bind the corporation. The non-profit corporation must be registered with the Florida Division of Corporations for a period of five (5) years and have maintained a recognized interest in historic preservation for at least five (5) years preceding the resolution.

2.

Application fee waiver. Fees shall be waived for applications initiated through the HPB or the city commission. The historic preservation board liaison shall prepare the applications initiated by the HPB or the city commission.

3.

Application. An application for an historic designation of a landmark, landmark site, or historic district shall be made to the department of sustainable development. The application must include the following information:

a.

Most recently available copy of the Broward County Property Appraiser's record for the property; and

b.

Proof of ownership (deed); and

c.

Sketch map (all sketch maps shall include a scale and a north arrow):

i.

Historic landmark, landmark site, and archaeological site designations. Clearly show the boundaries of the property as it relates to a legal description as found in the Broward County Official Records; and outline of any structures, objects, and buildings on the site; and their relationship to streets. Each designation of a landmark shall automatically include the designation of the site upon which the landmark exists as a landmark site. If the applicant is requesting boundaries that vary from the legal description of a parcel as found in the Broward County Official Records, a current sign and sealed survey (no less than six (6) months old), which is signed and sealed by a licensed professional surveyor, authorized to engage in the practice of surveying and mapping in the State of Florida in accordance with F.S. Ch. 472, must be provided; or

ii.

Historic districts. Clearly show the boundaries of the proposed district; all buildings and structures (with their addresses and status as a contributing or non-contributing structure); and all streets within the proposed boundaries. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within an area and may include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district; and

d.

Any applicable fees required by the city; and

e.

A written description of the architectural, historical, or archeological significance of the proposed landmark and landmark site, or buildings in the proposed historic district, and specifically address and document criteria for significance contained in Section 47-24.11.C.7 of the ULDR; and

f.

Provide responses in accordance with Section 47-24.11.C.7 of the ULDR explaining how the proposed landmark, landmark site, archaeological site or buildings in the proposed historic district meet the criteria; and

g.

Date structure(s) on the property were built, and the names of its current and all known past owners and, if available, their dates of ownership. Provide proof of date of construction which shall include but is not limited to the following: permits, original plans, certificate of occupancy, plat or Sanborn map, etc.; and

h.

Identify the period of significance of the proposed landmark and landmark site, archaeological site, or buildings in the proposed historic district; and

i.

Map identifying contributing structures within a proposed historic district or features of the individual landmark site; and

j.

Current color photographs of all sides of the property and historic photographs, if available; and

k.

Legal description from Broward County Official Records of landmark and landmark site, or archaeological site; and

l.

A list of references and citations for resources used to support the proposed designation including but not limited to published books or articles, newspaper articles or advertisements; and

m.

Applications for the designation of a historic district shall contain a written description of the boundaries of the district and a map identifying contributing and non-contributing structures; and

n.

Interior Landmark. Building interiors that meet the criteria for significance contained in Section 47-24.11.C.7 of the ULDR that are regularly open to the public may be subject to regulation under this section. The application shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. Building interiors not so described shall not be subject to review under this section.

4.

Review process—Historic preservation board.

a.

Determination of application completeness. An application for historic designation shall be submitted to the department of sustainable development. The department of sustainable development shall determine within thirty (30) days of application submittal whether the application is complete.

b.

Within thirty (30) days of submittal of an application, the department of sustainable development shall send a letter to the applicant notifying the applicant that all the required information is submitted or notifying the applicant of any missing documentation or additional information requested by the department.

c.

The applicant has thirty (30) days from date that the letter is sent by the city to submit the required additional information or address the deficiencies in the application. If an applicant fails to provide additional information as requested by the department of sustainable development within thirty (30) days of the request, the application shall be deemed withdrawn.

d.

Interim protective measures. From the date that notice is given, after the city's receipt of a complete application, in accordance with Section 47-27.7 of the ULDR, no building permit for any new construction, major alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one (1) of the following occurs:

i.

The HPB finds that the property or properties do not appear to meet the criteria for designation and recommends denial of the application requesting designation to the city commission; or

ii.

If ninety (90) days from the date notice is given have elapsed, unless this time limit is waived on the record by motion of the HPB stating mutual consent between the owner(s) and the HPB at the HPB meeting; or

iii.

The city commission finds that the property or properties do not appear to meet the criteria for designation and denies the request for designation.

e.

Within thirty (30) days after city staff deems that the application is complete the department of sustainable development shall schedule the application for the next available HPB meeting. The HPB will consider the application and recommendations forwarded by the department and shall hear public comment on the application.

f.

The HPB shall review the application and determine if it meets the criteria for designation as provided in this section.

g.

The HPB shall forward its record and recommendations to the city commission for consideration.

h.

The HPB may vote to defer its decision only if the applicant agrees to the deferral.

i.

If the HPB recommends a designation, it shall explain how the proposed landmark or historic district qualifies for designation under the criteria contained in this section. This evaluation may include references to other buildings and areas in the city and shall identify the significant features of the proposed landmark, historic buildings or historic district.

j.

Any person or persons, owner or owner's agent, or member or employee of any firm, company or corporation violate or permit to be violated, or cause a violation of any provision of Section 47-24.11 shall, upon conviction, be punished in accordance with Section 1-6 of the city's Code of Ordinances. If a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation, in accordance with F.S. § 162.09, as amended from time to time.

5.

Review process—Planning and zoning board. If the application is for the designation of a historic district, the application shall be forwarded to the planning and zoning board for review after review by the HPB, and the recommendation of the planning and zoning board shall be forwarded to the city commission for consideration.

6.

Review process—City commission.

a.

Within thirty (30) days of the HPB and planning and zoning board recommendation, where required, the department shall forward the HPB's recommendation to the city commission. The city commission shall hold a public hearing to consider the application, the record and recommendations of the planning and zoning board and HPB, hear public comment on the application and make a final determination on the application within one hundred and eighty (180) days after city staff has deemed that the application is complete.

7.

Criteria. The criteria for the designation of property as a landmark, landmark site or historic district shall be based on one (1) or more of the following criteria and evaluated in conjunction with guidance provided within the National Register Bulletin series published by the National Park Service:

a.

Its value as a significant reminder of the cultural or archeological heritage of the city, state, or nation; or

b.

Its location as a site of a significant local, state or national event; or

c.

Its identification with a person or persons who significantly contributed to the development of the city, state, or nation; or

d.

Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation; or

e.

Its value as a building recognized for the quality of its architecture, and sufficient elements showing its architectural significance; or

f.

Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; or

g.

Its character as a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or

h.

Its character as an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development.

8.

Criteria considerations. Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for listing in the Fort Lauderdale Register of Historic Places. However, such properties will qualify for designation if they are integral parts of districts that do meet the criteria listed in 47-24.11.C.7 of the ULDR, or if they fall within one (1) of the following categories found in Federal Regulation 36 CFR 60, as amended:

a.

A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

b.

A building or structure removed from its original location, but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

c.

A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life; or

d.

A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; or

e.

A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; or

f.

A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or

g.

A property achieving significance within the past fifty (50) years if it is of exceptional importance.

9.

Approval. Unless otherwise specified by the approving body, each designation of a landmark shall automatically include the designation of the site upon which the landmark exists as a landmark site. The provisions of this section shall not relieve the property owner of the duty to comply with the zoning district regulations in which the designated property is located. If the designation is made, the supporting documents of the comprehensive plan shall be amended to contain the designation. The city clerk shall notify each applicant and property owner of the decision relating to his property within thirty (30) days of the city commission action, and shall arrange that the designation of a property as a landmark or as a part of a historic district be recorded in the public records of the county.

10.

Successive applications. Upon denial of the application for designation, there shall be a twelve (12) month waiting period before any applicant may resubmit the proposal. An applicant shall be required to submit new evidence in his application, unless the application is accepted pursuant to this section.

11.

Amendments and rescissions. The designation of any landmark and landmark site, historic building or historic district may be amended or rescinded through the same procedure utilized for the original designation.

12.

Appeal. Appeal of a denial of an application for designation by the city commission shall be by writ of certiorari to the circuit court.

D.

Certificate of appropriateness.

1.

Historic preservation board issuance of certificates of appropriateness.

a.

No person may undertake any of the following actions affecting a designated landmark, a designated landmark site, an archaeological site, or a property in a designated historic district without first obtaining a certificate of appropriateness from the HPB:

i.

Alteration or excavation of an archeological site; or

ii.

New construction; or

iii.

Relocation; or

iv.

Major alteration; or

v.

Demolition; or

b.

Whenever any major alteration, new construction, demolition or relocation is undertaken on a designated landmark, a designated landmark site, an archaeological site, or a property in a designated historic district without a certificate of appropriateness, the building official shall issue a stop work order.

c.

Review of new construction and alterations to designated buildings and structures shall be limited to exterior features of the structure, except for designated interior portions.

d.

A certificate of appropriateness shall be a prerequisite and in addition to any other permits required by law. The issuance of a certificate of appropriateness by the HPB shall not relieve the property owner of the duty to comply with other state and local laws and regulations.

2.

Applicant. Shall mean an owner of the historically designated property or property located within a historic district or an authorized representative who has provided a notarized letter to the HPB liaison, executed by all the property owners explicitly stating that all property owners have consented to the authorized representative's submission of the application, correspondence with the city, and subsequent appearance at any public hearing regarding the subject property.

3.

Major alterations, new construction or relocation.

a.

Application for major alterations, new construction or relocation. An application for a certificate of appropriateness for alterations, new construction or relocation shall be made to the department and shall include the following information, in addition to the general application requirements described in Section 47-24.11.D.1 of the ULDR:

i.

Drawings, or plans or specifications of sufficient detail to show the proposed exterior alterations, additions, changes or new construction as are reasonably required for decisions to be made by the HPB and the department. Such drawings, plans or specifications shall include exterior elevations, architectural design of buildings and structures, including proposed materials, textures and colors, including all improvements such as walls, walks, terraces, plantings, accessory buildings, signs and lights and other appurtenant elements.

ii.

Applications for relocation must also comply with Chapter 9, Article IV, House Moving, of Volume I of the Code of Ordinances.

b.

Review process for major alterations, new construction or relocation.

i.

An application shall be submitted to the department of sustainable development for review to consider if the application is complete. Within 30 days of submittal of the application, the department of sustainable development shall send a letter to the applicant notifying the applicant that all the required information is submitted or notifying the applicant of any missing documentation or additional information requested by the department. The applicant has thirty (30) days from the date the letter is sent by the city to submit the required additional information or address the deficiencies in the application. If an applicant fails to provide additional information as requested by the department of sustainable development within thirty (30) days of the request, the application shall be deemed withdrawn.

ii.

The department shall forward its recommendations to the HPB for consideration.

iii.

Within one hundred and eighty (180) days after city staff has deemed that the application is complete the HPB shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application.

iv.

If the HPB determines that the application meets the criteria for a certificate of appropriateness as provided in this section, the HPB shall approve the certificate subject to such conditions necessary to ensure compliance with the criteria.

v.

If the HPB determines that the application for certificate of appropriateness does not meet the criteria, the HPB shall deny the certificate and an appeal may be filed in accordance with Section 47-26B of the ULDR, Appeals.

vi.

The HPB shall render its decision within one hundred and eighty (180) days after city staff deems that the application is complete. If the HPB fails to make a decision upon an application within the specified time period, the application shall be deemed approved. This time limit may be waived at any time by consent of the applicant.

c.

Criteria.

i.

General. In approving or denying applications for certificates of appropriateness for alterations, new construction, demolition or relocation, the HPB may consider whether the applications comply with the City of Fort Lauderdale's Historic Preservation Design Guidelines and the United States Secretary of Interior's Standards for Rehabilitation. The HPB shall use the following general criteria and additional guidelines in order to approve or deny applications for certificates of appropriateness for alterations, new construction, relocations and demolitions as provided in subsections D.3.c.ii, iii, and iv, and D.4:

a)

The effect of the proposed work on the landmark or the property upon which such work is to be done; and

b)

The relationship between such work and other structures on the landmark site or other property in the historic district; and

c)

The extent to which the historic, architectural, or archeological significance, architectural style, design, arrangement, texture, materials and color of the landmark or the property will be affected; and

d)

Whether the denial of a certificate of appropriateness would deprive the property owner of all reasonable beneficial use of his property.

ii.

Additional guidelines; major alterations. In approving or denying applications for certificates of appropriateness for alterations, the HPB shall also consider whether and the extent to which the following additional guidelines, which are based on the United States Secretary of the Interior's Standards for Rehabilitation, will be met:

a)

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose; and

b)

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible; and

c)

All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis, and which seek to create an earlier appearance shall be discouraged; and

d)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected; and

e)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site, shall be treated with sensitivity; and

f)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability or different architectural elements from other buildings or structures; and

g)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken; and

h)

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.

iii.

Additional guidelines; new construction. Review of new construction and alterations to designated buildings and structures shall be limited to exterior features of the structure, except for designated interior portions. In approving or denying applications for certificates of appropriateness for new construction, the HPB shall also consider the following additional guidelines. Where new construction is required to be visually related to or compatible with adjacent buildings, adjacent buildings shall mean buildings which exhibit the character and features of designated or identified historic structures on the site or in the designated historic district where the site is located.

a)

The height of the proposed building shall be visually compatible with adjacent buildings; and

b)

The relationship of the width of the building to the height of the front elevation shall be visually compatible to buildings and places to which it is visually related; and

c)

The relationship of the width of the windows to height of windows in a building shall be visually compatible with buildings and places to which the building is visually related; and

d)

The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings and places to which it is visually related; and

e)

The relationship of a building to open space between it and adjoining buildings shall be visually compatible to the buildings and places to which it is visually related; and

f)

The relationship of the materials, texture and color of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related; and

g)

The roof and shape of a building shall be visually compatible with the buildings to which it is visually related; and

h)

Appurtenances of a building such as walls, wrought iron, fences, evergreen, landscape masses and, building facades, shall, if necessary, form cohesive walls of enclosures along a street, to ensure visual compatibility of the building to the buildings and places to which it is visually related; and

i)

The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related; and

j)

A building shall be visually compatible with the buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

iv.

Additional guidelines; relocation. When an applicant seeks a certificate of appropriateness for the relocation of a landmark, a building or structure on a landmark site, or a building or structure in a historic district, or wishes to relocate a building or structure to a landmark site or to a property in a historic district, the applicant shall comply with the bond requirements in Section 9-153 of the Code of Ordinances, and the HPB shall also consider the following:

a)

The contribution the building or structure makes to its present setting; and

b)

Whether there are definite plans for the site to be vacated; and

c)

Whether the building or structure can be moved without significant damage to its physical integrity; and

d)

The compatibility of the building or structure to its proposed site and adjacent properties.

d.

After-the-fact certificate of appropriateness.

i.

When work has been done upon a designated historic landmark, landmark site, or historic district without a permit and the work qualifies for administrative approval for minor alterations as outlined in Section 47-24.11.E of the ULDR, the department may approve work after-the-fact.

ii.

When work has been done upon a historic landmark, landmark site, or historic district without a permit and the work does not qualify for administrative approval for minor alterations as outlined within Section 47-24.11.E of the ULDR, a certificate of appropriateness application must be submitted and the applicant shall be charged the application fee as outlined in the most recent fee schedule as adopted by the city commission, as appropriate for the project undertaken. If the HPB denies the request for a Certificate of Appropriateness, the HPB may require an owner to restore the historic landmark, landmark site, or historic district to the condition the historic landmark, landmark site, or historic district was in before the alteration or to modify the work so that it qualifies for an approved certificate of appropriateness.

4.

Demolition.

a.

Application for demolition. An application for a certificate of appropriateness for demolition shall be submitted to the department of sustainable development on forms provided by the department. In addition to the requirements provided in subsection D.3 the application shall include the following information and documents:

i.

Owner of record; and

ii.

Site plan showing all buildings and structures on the property; and

iii.

Recent photographs of the structure(s) proposed for demolition; and

iv.

Reasons for the demolition; and

v.

Method of demolition; and

vi.

Proposed future uses of the site and of the materials from the demolished structures.

b.

Review process—Demolition.

i.

An application shall be submitted to the HPB for review in accordance with criteria provided in subsection D.4.c.

ii.

The HPB shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application and render a decision on the application within one hundred and eighty (180) days after city staff has deemed that the application is complete. This time limit may be waived at any time by consent of the applicant.

iii.

If the HPB determines that the application meets the criteria for a certificate of appropriateness for demolition, the HPB shall approve the certificate or approve the certificate subject to such conditions necessary to ensure compliance with the criteria. The HPB may grant a certificate of appropriateness for demolition, which may provide a delayed effective date of up to ninety (90) days. The effective date shall be determined by the HPB based on the significance of the structure and the estimated time required to arrange a possible alternative to demolition. During the demolition delay period, the HPB may take such steps as it deems necessary to preserve the structure. Such steps may include, but are not limited to, consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the property by public or private bodies, or agencies; and exploration of the possibility of moving the resource.

iv.

If the HPB determines that the application for demolition does not meet the criteria, the HPB shall deny the certificate and an appeal may be filed in accordance with Section 47-26B of the ULDR, Appeals.

v.

The HPB shall render its decision within one hundred and eighty (180) days after city staff deems that the application is complete. This time limit may be waived at any time by consent of the applicant.

c.

Criteria—Demolition.

i.

The designated landmark, landmark site or property within the historic district no longer contributes to a historic district; or

ii.

The property or building no longer has significance as a historic architectural or archeological landmark; or

iii.

The demolition or redevelopment project is of major benefit to a historic district.

5.

Economic hardship.

a.

Application—Economic hardship. If the HPB denies an application for demolition of a structure(s), the applicant may within thirty (30) days apply to the HPB for an economic hardship exception. An application for an economic hardship exception shall include the following information and documents:

i.

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; and

ii.

Assessed value of the land and improvements thereon according to the most recent assessment; and

iii.

For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record; and

iv.

All appraisals obtained by the owner in connection with the purchase or financing of the property or during his ownership of the property; and

v.

Bona fide offers of the property for sale or rent, price asked, and offers received, if any; and

vi.

Any consideration by the owner as to profitable, adaptive uses for the property.

b.

Review process—Economic hardship.

i.

The application shall be submitted to the department of sustainable development for consideration as to whether the application is complete. Within thirty (30) days after submittal of an application, the department of sustainable development shall send a letter to the applicant notifying the applicant that all the required information is submitted or notifying the applicant of any missing documentation or additional information requested by the department. The applicant has thirty (30) days after the letter is sent to submit the required additional information or to address the deficiencies in the application. If the applicant fails to provide additional information requested by the department of sustainable development within thirty (30) days of the request, the application shall be deemed withdrawn.

ii.

Within one hundred and eighty (180) days after city staff has deemed that the application is complete, the HPB shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application and render its decision. This time limit may be waived at any time by consent of the applicant.

iii.

If the HPB determines that the application meets the criteria for an economic hardship as provided in subsection D.5.c, the HPB shall approve the certificate or approve the certificate with such conditions necessary to ensure compliance with the criteria.

iv.

If the HPB determines that the application for economic hardship does not meet the criteria, the HPB shall deny the certificate and an appeal may be filed in accordance with Section 47-26B of the ULDR, Appeals.

c.

Criteria—Economic hardship. In approving or denying applications for economic hardship exception, the HPB shall consider the following general criteria:

i.

The denial of a certificate of appropriateness to demolish the structure(s) will result in the loss of all reasonable and beneficial use of or return from the property; or

ii.

Even though the designated landmark, designated landmark site, or property within the designated historic district has reasonable beneficial use, the property no longer contributes to a historic district, or no longer has significance as a historic architectural or archeological landmark or the demolition or the redevelopment project is of major benefit to a historic district.

6.

Effective date. The decision of the HPB pertaining to a certificate of appropriateness shall not take effect nor shall a building permit be issued until thirty (30) days after approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal of the HPB decision is filed by the applicant as provided in Section 47-26B of the ULDR, Appeals. The action of the HPB shall be final and effective after the expiration of the thirty (30) days period with no action taken by the city commission.

7.

Emergency conditions; designated properties. In any case where it is determined by the Building Official that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic district, an order to remedy these conditions without the approval of the HPB or issuance of a required certificate of appropriateness may be issued, provided that the chairman of the HPB has been notified.

8.

Emergency actions; non-designated properties. The city commission may call an emergency meeting to review a threat to a property that has not yet been designated by the city, but appears to be eligible for designation. The city commission may direct the person with authority to issue building permits in the city to issue a stop work order for a thirty (30) day period in order to provide time to negotiate with the property owner to remove the threat to the property. The HPB shall then seek alternatives that will remove the threat to the property. During the thirty (30) day period, the city commission may initiate steps to designate the property under the provisions of this Section 47-24.11 of the ULDR.

9.

Conformity with the certificate of appropriateness.

a.

Conformity with requirements. All work performed pursuant to a certificate of appropriateness shall conform to all provisions of such certificate. It shall be the responsibility of the person with authority to issue building permits in the city to inspect from time to time any work being performed, to assure such compliance. In the event work is being performed not in accordance with such certificate, the building official is authorized to issue a stop work order. No additional work shall be undertaken as long as such stop work order shall continue in effect.

b.

Maintenance and repair requirements.

c.

Every owner of a landmark, a landmark site, historic building, or a property in a historic district shall keep in good repair:

i.

All of the exterior portions of such buildings or structures; and

ii.

All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair; and

iii.

In addition, where the landmark is an archeological site, the owner shall be required to maintain his property in such a manner so as not to adversely affect the archeological integrity of the site.

d.

The HPB may refer violations of this section for enforcement proceedings on any building or structure designated under this Sec. 47-24.11 in order to preserve such building or structure in accordance with the purposes of this Section 47-24.11 of the ULDR; and

e.

The provisions of this section shall be in addition to the provisions of the building code requiring buildings and structures to be kept in good repair.

f.

Penalty. Any person or persons, owner or owner's agent, or member or employee of any firm, company or corporation who shall violate or permit to be violated, or cause to be violated any provision of this Section 47-24.11 of the ULDR shall, upon conviction, be punished as provided in Section 47-34 of the ULDR, Enforcement, Violation and Penalties. Each day the violation is continued shall constitute a separate offense.

g.

Injunctive relief. In addition to any other remedies provided in this Section 47-24.11 of the ULDR, the city may seek injunctive relief in the appropriate court to enforce the provisions of the ULDR.

h.

Amendments to a certificate of appropriateness. Any request for an amendment to a Certificate of Appropriateness shall be reviewed by the department to determine whether the application shall be subject to administrative review or HPB review in accordance with criteria listed below:

i.

Administrative review. If the department determines that the applicant meets all of the following criteria, staff may administratively approve an application for an amendment to the certificate of appropriateness:

a)

The request is a minor alteration and does not affect the property's historic character; and

b)

The request is a minor alteration and is in accordance with the City of Fort Lauderdale's historic preservation design guidelines; and

c)

The request is a minor alteration and is in accordance with the secretary of the interior's standards for rehabilitation; and

d)

The scale, massing, roof form, or appearance as visible from the right-of-way in the approved certificates of appropriateness has not been modified.

ii.

Historic preservation board review. If the department determines that the criteria in subsection (1) has not been met, then the applicant shall apply for a new application for a certificate of appropriateness in accordance with Section 47-24.11.D. of the ULDR, Certificate of Appropriateness.

10.

Expiration of certificates of appropriateness. The expiration time frame of a certificate of appropriateness is provided in Section 47-24.1.M of the ULDR

E.

Administrative certificate of appropriateness. No person may undertake any minor alterations, minor demolitions, in-kind replacements or restoration affecting a designated landmark, a designated landmark site, or a property in a designated historic district without first obtaining an administrative certificate of appropriateness from the department of sustainable development, or if necessary a certificate of appropriateness from the HPB. The department of sustainable development shall administratively review administrative certificate of appropriateness applications for minor alterations, minor demolitions, in-kind replacements, or restoration, notwithstanding the criteria outlined in Section 47-24.11.D.1 of the ULDR. The department may either approve or approve with conditions, or deny an application for an administrative certificate of appropriateness.

1.

Criteria for approval of an administrative certificate of appropriateness for minor alterations. The department shall determine if minor alterations comply with this section or if the request requires review by the HPB. Minor alterations must comply with the following criteria in order to be approved:

a.

The minor alteration(s) proposed must meet the City of Fort Lauderdale's Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation; and

b.

The minor alteration(s) proposed must be to the rear and secondary facades and must not be visible from the public right-of-way, any waterfront, or public parks. Visibility from the right-of-way shall be determined by the department; and

c.

The minor alteration(s) proposed must not require a change to architecturally significant portions of a building or structure.

2.

Criteria of approval for an administrative certificate of appropriateness for minor demolition. Applications for administrative certificate of appropriateness for minor demolition must meet the following criteria in order to be approved:

a.

The minor demolition proposed must meet the City of Fort Lauderdale's Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation; and

b.

The minor demolition proposed must be to the rear and secondary facades and must not be visible from the public right-of-way, any waterfront, or public parks. Visibility from the right-of-way shall be determined by the department; and

c.

The minor demolition proposed must not require demolition to architecturally significant portions of a building or structure.

3.

Criteria of approval for an administrative certificate of appropriateness for in-kind replacements. Applications for administrative certificate of appropriateness for in-kind replacements must meet the following criteria in order to be approved:

a.

In-kind replacements must comply with the City of Fort Lauderdale Historic Preservation Design Guidelines.

b.

When use of the original material is not possible, compatible materials and techniques may be used that convey an appearance similar to the original feature, that are the same scale, and have similar design and visual qualities to the historic elements.

4.

Criteria of approval for an administrative certificate of appropriateness for restoration. Applications for administrative certificate of appropriateness for restoration must meet the following criteria in order to be approved:

a.

Facade and building restorations and repairs must be consistent with historic documentation.

b.

Restoration must comply with the City of Fort Lauderdale Historic Preservation Design Guidelines.

5.

Whenever any minor alteration, minor demolition, in-kind replacement, or restoration is undertaken on a property in a designated landmark, a designated landmark site, or a property in a designated historic district without an administrative certificate of appropriateness, the building official shall issue a stop work order.

6.

Appeal of administrative certificate of appropriateness.

a.

An applicant may file an appeal of a decision of the department regarding an Administrative Certificate of Appropriateness to the HPB no later than 30 days after the decision. The appeal will be scheduled for a de novo hearing in front of the HPB no sooner than thirty (30) days or later than sixty (60) days from the date of the request for appeal. The HPB may reject, approve or amend the decision of the department.

F.

City historic property tax exemption code.

1.

Definitions.

a.

For purposes of subsections F.1 through F.7, the following terms shall have the meanings indicated below:

i.

Ad valorem tax means a tax based upon the assessed value of property.

ii.

Assessed value of property means an annual determination of the just or fair market value of an item or property or, if a property is assessed solely on the basis of character or use or at a specified percentage of its value, pursuant to Section 4(a) or 4(b), Article VII of the State Constitution, its classified use value or fractional value.

iii.

Commission or city commission means the city commissioners of the City of Fort Lauderdale.

iv.

City means the City of Fort Lauderdale, Florida.

v.

Property appraiser means the Broward County Property Appraiser, a county officer charged with determining the value of all property within the county, with maintaining certain records connected therewith, and with determining the tax on taxable property after taxes have been levied.

b.

The following words and phrases shall have the same meaning as specified in the rules of the Department of State, Division of Historical Resources, F.A.C. ch. 1A-38, as may be amended from time to time:

i.

Contributing property means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because:

a)

It was present during the period of significance of the district and possesses historic integrity reflecting its character at that time; or

b)

Is capable of yielding important information about the period; or

c)

It independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated by reference.

ii.

Division means the Division of Historical Resources of the Department of State.

iii.

Historic property means a building site, structure, or object which is means:

a)

Individually listed in the National Register of Historic Places; or

b)

A contributing property in a National Register listed historic district; or

c)

Designated as a historic property or landmark; or

d)

A contributing property in a historic district.

iv.

Improvements means changes in the condition of real property brought about by the expenditure of labor or money for the restoration, renovation, or rehabilitation of such property. Improvements include additions and accessory structures (i.e., a garage) necessary for efficient contemporary use.

v.

Historic preservation board means the city created and appointed historic preservation board, which shall be certified by the Division of Historical Resources, Florida Department of State, as qualified to review applications for property tax exemptions pursuant to F.S. §§ 196.1997 and 196.1998, as amended.

vi.

National Register of Historic Places means the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 STAT. 915; 16 U.S.C. 470), as amended.

vii.

Preservation exemption covenant or covenant means the Historic Preservation Property Tax Exemption Covenant, in substantially similar form to the Florida DOS Form No. HR3E111292, indicating that the owner agrees to maintain and repair the property so as to preserve the architectural, historical, or archaeological integrity of the property during the exemption period.

viii.

Renovation or rehabilitation means the act or process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural, and archaeological values. For historic properties or portions thereof which are of archaeological significance or are severely deteriorated, "renovation" or "rehabilitation" means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.

ix.

Restoration means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

x.

Useable space means that portion of the space within a building which is available for assignment or rental to an occupant, including every type of space available for use of the occupant.

2.

Exemption from ad valorem taxes-General.

a.

Exemption for improvements to historic property (per F.S. § 196.1997, as amended). The city commission may authorize an ad valorem tax exemption of one hundred (100) percent of the assessed value of all improvements to historic properties which result from the restoration, renovation, or rehabilitation of such properties.

b.

Exemption for historic properties open to the public (per F.S. § 196.1998, as amended). If an improvement qualifies a historic property for an exemption, as set out herein, and the property is used for nonprofit or governmental purposes and is regularly and frequently open for the public's visitation, use, and benefit, the city commission may authorize the exemption from ad valorem taxation of one hundred (100) percent of the assessed value of the property, as improved, if all other provisions herein are complied with; provided, however, that the assessed value of the improvement must be equal to at least fifty (50) percent of the total assessed value of the property as improved. The exemption applies only to real property to which improvements are made by or for the use of the existing owner.

c.

Application for review. This exemption shall only apply to improvements to real property that are made on or after the day that this Section 47-24.11 of the ULDR authorizing ad valorem tax exemption for historic properties is adopted. Such exemption shall apply only to taxes levied by the city and does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Sections 9(b) or 12, Article VII of the State Constitution.

d.

Duration of exemption. Any exemption granted shall remain in effect for up to ten (10) years with respect to any particular property, regardless of any change in the authority of the city to grant such exemptions or any change in ownership of the property. However, for purposes of the exemption under F.S. § 196.1998, as amended, a property shall be removed from eligibility for the exemption if the property no longer qualifies as historic property open to the public in accordance with the requirements herein. In order to retain the exemption, the historic character of the property, and the improvements which qualified the property for exemption, must be maintained over the period for which the exemption is granted. Such exemption shall take effect on January 1st following substantial completion of the improvement.

3.

Designation of type and location of historic property qualified for exemption.

a.

Type—General. Property is qualified for an exemption if:

i.

At the time the exemption is granted, the property:

a)

Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or

b)

Is a contributing property to a national register-listed district; or

c)

Is designated as a historic property, as defined herein, landmark or landmark site, as defined herein, or is a contributing property located within a historic district.

ii.

In order for an improvement to a historic property to qualify the property for an exemption, the improvement must:

a)

Be consistent with the United States Secretary of Interior's Standards for Rehabilitation; or

b)

Be determined by the historic preservation board to meet criteria established in the rules adopted by the department of state.

b.

Type—Property open to the public. For purposes of the exemption under F.S. § 196.1998, as amended, a property is being used for "government or non-profit purposes" if the occupant or user of at least sixty-five (65) percent of the useable space of a historic building or of the upland component of an archaeological site is an agency of the federal, state, or local government, or a non-profit corporation whose articles of incorporation have been filed by the department of state in accordance with F.S. § 617.0125, as amended. Additionally, a property is considered "regularly and frequently open to the public" if public access to the property is provided not less than fifty-two (52) days a year on an equitably spaced basis, and at other times by appointment.

c.

Location. Property is qualified for an exemption only if it is located within the jurisdictional boundaries of the city.

4.

Designation of a local historic preservation office.

a.

The department is hereby designated as the coordinating office for application and covenant submittals, receipt, and processing for city commission review of recommendations made by the city's historic preservation board, and shall in addition perform any and all administrative functions which may be deemed necessary to accomplish the purpose herein set forth.

5.

Application process.

a.

Applicant. The applicant shall be the owner of a qualifying property or the authorized agent of the owner.

b.

Application form. Application for the property tax exemption shall be made on the two-part historic preservation tax exemption application form as prescribed by the Division of Historical Resources, Florida Department of State. Part 1, the preconstruction application, shall be submitted before improvements are initiated. Part 2, the request for review of completed work, shall be submitted upon completion of the improvements. The application fee for Part 1 shall be fifty dollars ($50.00). This fee shall be applied to the building permit fee when a building permit is obtained for the improvement. There shall be no application fee for Part 2.

c.

Part 1—Preconstruction application. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, submit to the department a written preconstruction application describing the proposed work and receive preliminary approval prior to the start of construction. The form shall include the following information:

i.

The name of the property owner and the location of the historic property; and

ii.

A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvements; and

iii.

Documentation supporting that the property that is to be rehabilitated or renovated is a historic property as defined herein; and

iv.

Documentation supporting that the improvements to the property will be consistent with the United States Secretary of Interior's Standards for Rehabilitation and will be made in accordance with guidelines developed by Division; and

v.

Any other information deemed necessary by the city or the historic preservation board; and

d.

Part 2—Request for review of completed work. A request for review of completed work application shall be submitted through the department to the historic preservation board upon completion of the improvements. The form of said application shall be prescribed by the board and include all information referenced in subsection F.5.c. In addition, no request for review of completed work shall be reviewed by the historic preservation board unless accompanied by a covenant executed by the property owner.

6.

Method of application review.

a.

Review. The city's historic preservation board shall recommend that the city commission grant or deny the exemption. Such reviews must be conducted in accordance with the rules adopted by the department of state. The recommendation, and the reasons therefor, must be provided to the applicant and the city commission before consideration of the application at a meeting of the city commission. The historic preservation board and the city commission shall first approve Part 1 of the application and then Part 2. The exemption shall not be final until Part 2 has been reviewed and approved by the city commission.

b.

Delivery of application to the property appraiser. The city shall deliver a copy of each application for a historic preservation ad valorem tax exemption to the property appraiser. Upon certification of the assessment roll, or recertification, if applicable, pursuant to F.S. § 193.122, as amended, for each fiscal year during which this tax exemption provision is in effect, the property appraiser shall report the following information to the city commission:

i.

The total taxable value of all property within the city for the current fiscal year; and

ii.

The total exempted value of all property in the city which has been approved to receive historic preservation ad valorem tax exemption for the current fiscal year.

c.

Approval by city commission. A majority vote of the city commission shall be required to approve a written application for exemption. The city commission shall, by resolution, approve the Part 2 written application for final exemption. In addition, the following information shall be included in the resolution:

i.

The name of the owner and the address of the historic property for which the exemption is granted; and

ii.

The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

iii.

A finding that the historic property meets the requirements herein.

7.

Covenant with applicant.

a.

Term of preservation exemption covenant. To qualify for an exemption, the property owner must enter into a preservation exemption covenant ("covenant") with the city for the term for which the exemption is granted. Such covenant must be executed before a final application for exemption can be approved by the city commission.

b.

Form of covenant. The form of covenant shall be established by the division and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, or assigns. The city manager, or designee, is hereby authorized to execute such covenant with each applicant on behalf of the city.

c.

Violations of covenant. Any violations of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3), as amended.

G.

Property tax exemption for designated local historic resources used for certain commercial or nonprofit purposes. City of Fort Lauderdale hereby elects, pursuant to the amended from time to time, to provide for an ad valorem property tax exemption of fifty (50) percent of the assessed value of a locally designated historic landmark or contributing structure in a locally designated historic district used for commercial or certain nonprofit purposes. The property must comply with each and every provision of F.S. § 196.1961, as amended, to be entitled to the ad valorem exemption and the tax exemption shall apply only to property located within the City of Fort Lauderdale. A taxpayer claiming the exemption must submit an annual application with the property appraiser pursuant to the requirements set forth in F.S. § 196.011, as amended.

H.

Waivers for historic preservation.

1.

Intent. In an effort to promote and encourage the preservation and adaptive reuse of locally designated historic landmarks and contributing structures in a locally designated historic district, the HPB may grant a waiver provided that it will result in the preservation of a locally designated historic landmark or a contributing property in a historic district. However, the HPB shall not have the authority to grant any waivers for density, floor area ratio ("FAR"), and building height requirements.

2.

Waivers. The HPB may only authorize waivers for setback requirements and waivers of requirements for distance separation between buildings or structures for the following:

a.

New additions; or

b.

Construction of a new or existing accessory structure; or

c.

Reconstruction of a portion of a structure.

3.

Criteria for approval of a waiver. A waiver request must comply with the following criteria:

a.

The application must demonstrate that granting the waiver will further the preservation of the historic and architectural character of the designated historic landmark or of the historic district in which the proposal is located; and

b.

The application must demonstrate that granting the waiver will be compatible with and will preserve the character and integrity of the site and surrounding neighborhood; and

c.

The property that is the subject of the waiver application, must be a designated historic landmark or a contributing property located in a historic district.

4.

Review process for waivers.

a.

An application for a waiver shall be submitted simultaneously with an application for a certificate of appropriateness in accordance with the provisions of Section 47-24.11. of the ULDR. The application shall contain a written statement justifying the requested waiver and provide evidence that the application meets the criteria in Section 47-24.11.H.3. of the ULDR. Applications for reconstruction of a portion of a structure must contain historic documentation of the structure.

b.

An application shall be submitted by the department to the HPB for review.

c.

The HPB must determine whether the application complies with Section 47-24.11.H.3. of the ULDR.

d.

Notice shall be given in accordance with Section 47-27.8. of the ULDR.

5.

Conditions and safeguards. In granting any waiver the HPB may prescribe appropriate conditions and safeguards necessary to protect and further the interest of the area and abutting properties, including, but not limited to the installation of walls, and fences as required buffering; modifications of the orientation of any openings; and modification of site arrangements.

6.

Historic properties that are ineligible for waivers. Historic Designations that exclude the entire site upon which the structure or building is located, are not eligible for waivers.

7.

If the HPB determines that the application for a waiver does not meet the criteria, the HPB shall deny the application and an appeal may be filed in accordance with Section 47-26B of the ULDR, Appeals.

(Ord. No. C-97-19, § 1(47-24.11), 6-18-97; Ord. No. C-99-14, § 13, 3-16-99; Ord. No. C-09-37, § 1, 12-15-09; Ord. No. C-19-23, § 2, 9-12-19; Ord. No. C-20-06, § 1, 3-3-20; Ord. No. C-20-07, § 3, 3-3-20)

A.

Variance, special exception (board of adjustment).

1.

Applicant. The property owner of record who wishes to develop his property not in compliance with the requirements of the ULDR.

2.

Application.

a.

An application for a variance or special exception shall be made to the department on forms promulgated by the department and the application shall include a statement by the applicant of the facts that show how the criteria for a variance or special exception have been met. The application shall include such additional material in support of the application as determined by the department to be appropriate to the relief requested for the property in question.

b.

The application shall be accompanied by a copy of the deed by which the record owner of the property claims title and a current survey. If the applicant is other than the owner of record, then the applicant must identify the relationship of the applicant to the owner of record. A sworn and acknowledged power of attorney from the owner of record to the applicant must accompany the application affirming that the owner of record has granted full power and authority to the applicant to apply for the relief requested in the application. Such power of attorney shall recite that the owner of record acknowledges that the city will be relying on the power of attorney in the processing of the application for the relief requested and that revocation of the delegated authority shall not be effective until written revocation, in the same form and dignity as the original power of attorney, is delivered to the department. If the owner of record or applicant is other than an individual, then the application must identify whether the owner of record or applicant is a partnership, corporation, trust, proprietorship or other legal entity and the application and power of attorney, where applicable, must be executed by a general partner, officer, trustee, or other person with authority to bind the applicant or owner of record and such individual must affirm that he has the authority to bind the applicant or owner of record. If the applicant is an attorney who is a member of the Florida Bar who is acting on behalf of the owner of record, no power of attorney from the owner of record shall be required, but the application shall be signed by the attorney who shall indicate his representative capacity and Florida Bar number on the face of the application.

c.

The application will not be deemed complete until the owner of record and applicant files an affidavit with the department indicating the owner of record and applicant is aware of the following:

i.

That in order to be entitled to the relief requested in the application an affirmative vote of a majority, plus one of the board of adjustment is required;

ii.

That in granting the relief requested the board of adjustment is limited to the authority vested in the board by the ULDR and that the board may not grant the relief requested unless the applicant proves all the criteria specified in the ULDR have been met;

iii.

That the granting of relief by the board does not exempt the applicant or owner of record from the responsibilities of obtaining all applicable permits or approvals as may be required by law for both new and existing structures;

iv.

That if the relief requested is granted by the board, the applicant must secure a building permit to implement the relief requested within one hundred eighty (180) days of the entry of the final order of the board, or within such lesser time as the board may proscribe and that failure to procure the necessary permits within the time so proscribed shall render the variance or special exception null and void;

v.

That if the board denies the request for relief, then no additional application for the same or substantially the same relief may be entertained by the board within two (2) years of the date of entry of the final order of denial.

3.

Review process.

a.

An application shall be submitted to the department on forms promulgated by the department.

b.

Consideration of an application shall not be heard sooner than twenty (20) days from the date of submission of a complete application together with supporting materials thereto as required by the department.

c.

The board of adjustment shall consider the application and the evidence adduced in support of and in opposition to the application at a public hearing and may receive public comment thereon.

d.

The burden shall be upon the applicant to demonstrate by a preponderance of the evidence that the application meets the criteria specified in the ULDR. If the board of adjustment determines that the proposed application for a temporary nonconforming use permit, variance or special exception meets the criteria specified herein, the board of adjustment shall approve the application by entering a final order granting such relief and imposing such conditions or safeguards as are appropriate under the ULDR. The final order granting a variance or special exception shall include a time period, not to exceed one hundred eighty (180) days, within which a building permit shall be secured to implement the improvements authorized by the variance or special exception as granted. The variance or special exception shall expire if the building permit to implement the improvements authorized by the variance or special exception is not secured within the time frame specified in the final order. Violation of any other condition of a final order granting a temporary nonconforming use permit, variance or special exception shall be a violation of the ULDR. In granting a variance or special exception, the board may proscribe appropriate conditions and safeguards as are in their opinion necessary to protect the public interest and ensure harmony with the purposes and intent of the ULDR.

e.

If the board of adjustment determines that the applicant failed to meet the burden of demonstrating by a preponderance of the evidence that the application meets the criteria specified in the ULDR, the board of adjustment shall enter a final order denying the application.

f.

The board of adjustment shall not be required to make findings of fact in the entry of any final order.

4.

Criteria—Variance. A variance from the terms of the ULDR shall be granted only upon demonstrating a unique hardship attributable to the land by proving by a preponderance of the evidence all of the following criteria:

a.

That special conditions and circumstances affect the property at issue which prevent the reasonable use of such property; and

b.

That the circumstances which cause the special conditions are peculiar to the property at issue, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the same zoning district; and

c.

That the literal application of the provisions of the ULDR would deprive the applicant of a substantial property right that is enjoyed by other property owners in the same zoning district. It shall be of no importance to this criterion that a denial of the variance sought might deny to the owner a more profitable use of the property, provided the provisions of the ULDR still allow a reasonable use of the property; and

d.

That the unique hardship is not self-created by the applicant or his predecessors, nor is it the result of mere disregard for, or ignorance of, the provisions of the ULDR or antecedent zoning regulations; and

e.

That the variance is the minimum variance that will make possible a reasonable use of the property and that the variance will be in harmony with the general purposes and intent of the ULDR and the use as varied will not be incompatible with adjoining properties or the surrounding neighborhood or otherwise detrimental to the public welfare.

5.

Criteria—Special exceptions. A special exception shall be granted upon demonstration by a preponderance of the evidence of all of the following criteria:

a.

Whether the proposed development or use meets the requirements for a special exception as provided by the ULDR; and

b.

Granting of the special exception shall not be incompatible with adjoining properties or the surrounding neighborhood or otherwise contrary to the public interest.

6.

Criteria—Temporary nonconforming use permit. A temporary nonconforming use permit may be granted upon demonstration by a preponderance of the evidence of the following criteria:

a.

Granting of the temporary nonconforming use permit shall not be incompatible with adjoining properties or the surrounding neighborhood or otherwise contrary to the public interest.

7.

Rehearing. If an application for any temporary nonconforming use permit, variance or special exception has been denied by the board of adjustment, the board may grant a rehearing to an applicant in accordance with the following:

a.

Applicant files a written request for such rehearing with the department within thirty (30) days after the board denies the application. The written request shall include:

i.

A detailed statement of the nature of any alleged error on the part of the board; or

ii.

The substance of any new evidence or information not considered by the board when the application was denied and why such new evidence or information must neither have been known to the applicant nor discoverable or obtainable through reasonable diligence on the part of the applicant prior to the hearing at which the application was denied.

b.

The board shall consider the request for a rehearing at a public hearing. At the hearing the board shall only consider reasons why a rehearing should be granted, which reasons shall be limited to the following:

i.

That a rehearing is necessary in order to correct an error; or

ii.

That a rehearing is necessary in order for the board to consider new evidence or information not considered by the board when the application for a variance or special exception was denied, such evidence or information having been neither known to the applicant nor discoverable or obtainable through reasonable diligence on the part of the applicant prior to the hearing at which the application was denied.

c.

The request for rehearing shall be granted by motion if approved by the affirmative vote of five (5) members of the board.

d.

If a request for rehearing is granted, the director shall place the application for a temporary nonconforming use permit, variance or special exception upon the agenda of the board for rehearing and notice shall be given as provided in Section 47-27, Notice Procedures for Public Hearings.

8.

Order. If the temporary nonconforming use permit, variance or special exception is granted, a final order shall be entered by the board, executed by the chairperson or vice-chairperson, which such final order shall include a description of the relief granted, including conditions approved by the board, a legal description of the property affected and the time within which the building permit to implement the improvements authorized by the variance or exception must be secured, which such period shall not exceed one hundred eighty (180) days from the date of the effective date of approval. All final orders granting or denying the relief requested shall be recorded in the public records of the county by the department at owner's expense, which such cost of recording shall accompany the application fee. A final order granting a temporary nonconforming use permit shall specify that such temporary nonconforming use permit shall expire within the time specified in the final order, which such time may not exceed one (1) year from the date of entry of the final order.

9.

Effective date of approval. The final order of the board of adjustment shall take effect when such order has been written and signed by the chair or vice-chair of the board, or at such other date as may be proscribed in such order.

10.

Expiration of approval. The variance shall expire and become null and void unless a building permit to implement the improvements authorized by the variance or special exception is secured within one hundred eighty (180) days from the effective date of approval, or within such lesser time as the board may proscribe, which such lesser period of time shall not be less than thirty (30) days from the effective date of approval. Upon a motion for extension of time being filed by an applicant, for good cause shown, the board may grant an additional extension of time beyond the time initially proscribed in the final order, such additional extension of time not to exceed one hundred eighty (180) days, within which the building permit must be secured.

11.

Successive applications. Upon denial of an application for special exception or variance, there shall be a two (2) year waiting period before any applicant may submit an application for the same or substantially similar application as that which was initially denied.

12.

Amendment.

a.

If the applicant wishes to amend a variance or special exception for a variance or special exception, the proposed amendment will be required to be reviewed and approved by the board of adjustment as a new application for variance or special exception in accordance with the procedures in this section.

b.

If the applicant wishes to amend or modify a condition to a variance, special exception or temporary nonconforming use permit, for good cause shown, the board may grant such relief, provided the variance, special exception or temporary nonconforming use permit, with the amended or modified condition, still meets the criteria necessary for the initial granting of the variance, special exception or temporary nonconforming use permit.

13.

Appeal. An appeal of a final order of the board of adjustment shall be by petition for writ of certiorari filed in the circuit court within the time proscribed by court rules.

B.

Appeal of interpretation or application of Unified Land Development Regulations (board of adjustment).

1.

Applicant.

a.

Any person who has been adversely affected by a decision of the department in the interpretation and application of the ULDR may file an appeal under this section. For purposes of this section an adversely affected person shall include:

i.

An owner of property who has been denied a permit by the department or has received a permit from the department with conditions which the property owner does not believe are required in accordance with the ULDR; or

ii.

A property owner within three hundred (300) feet of the property which has been the subject of an application for a development permit and who believes there has been a misinterpretation of law or fact with regard to that application by an administrative official in the enforcement of the ULDR; or

iii.

A person which the board finds has been adversely affected by a decision of the department.

As used herein, the term "adversely affected" means a person who can show he or she has been affected in a way different in kind or different in degree than the public in general.

b.

No application for interpretation shall be permitted with regard to an application which is pending before or has been before the planning and zoning board or city commission for review, it being the intent of these appeal provisions that this process not be used as a substitute for review of decisions made by the planning and zoning board or the city commission.

c.

No appeal may be considered under subsection B.1.a.i where the appeal is filed more than sixty (60) days after issuance or denial of the permit in question. No appeal may be considered under subsection B.1.a.ii or iii where the appeal is filed more than sixty (60) days from the date the applicant knew or with reasonable diligence should have known of the decision which forms the basis of the appeal.

2.

Application. An application for an appeal from an interpretation, application or determination made by an administrative official in the enforcement of the ULDR shall include:

a.

A statement as to each provision of the ULDR which is in question;

b.

The interpretation, application or determination made by the department from which the applicant appeals;

c.

A statement of the interpretation, application or determination of law or fact advanced by the applicant; and d. The reason why the applicant believes his or her interpretation, application or determination is correct in law or fact.

3.

Review process.

a.

An application for an appeal under this section shall be reviewed by the department and the department shall prepare a report which shall include:

i.

The department's agreement or disagreement with the applicant's statement of the law or fact in question;

ii.

The interpretation of the department with regard to the law or fact in question;

iii.

The basis for the department's interpretation; and

iv.

The reason why the department believes its interpretation, application or determination was correct in law or fact.

b.

The department shall forward the application and report to the board of adjustment for consideration. The department shall furnish copies of the application and report to the city manager, city engineer, city attorney, and members of the city commission at least five (5) days prior to the meeting at which the appeal will be considered by the board.

c.

During a public hearing the board of adjustment shall consider the application and report forwarded by the department, together with argument and evidence, if necessary, pertaining thereto and shall hear public comment on the application.

d.

If the board of adjustment determines that the interpretation contained in the application is correct in law or in fact in accordance with the criteria set forth herein it shall approve the interpretation of the applicant.

e.

If the board of adjustment determines that the application is not correct in law or in fact in accordance with the criteria set forth herein it shall approve the interpretation of the department.

4.

Criteria. The criteria for review of an application for appeal from an interpretation, application or determination made by an administrative official in the enforcement of the ULDR is whether the interpretation, application or determination at issue is clearly erroneous.

5.

Order. At the conclusion of the hearing on the appeal the board shall enter a final order either affirming, in whole or in part, the interpretation, application or determination made by the administrative official as is correct in accordance with the above criteria, or reversing, in whole or in part, the interpretation, application or determination made by the administrative official as is incorrect in accordance with the above criteria.

6.

Effective date of order. The final order of the board shall take effect on the date of entry of such order.

7.

Effect of order. Upon entry of a final order on an appeal from an interpretation, application or determination made by an administrative official in the administration of the ULDR, the law or fact as interpreted by the board shall be applicable to all applications for a development permit:

a.

Which have not been reviewed by the planning and zoning board or city commission; and

b.

Any other development proposal, not within subsection B.7.a, which has received a development permit, but upon which no development has commenced.

8.

Appeal. Any person who is a party to the appeal under this section and who is aggrieved by the decision of the board of adjustment therein may seek review of such decision in the circuit court by filing a petition for a writ of certiorari within the time prescribed by court rules.

(Ord. No. C-97-19, § 1(47-24.12), 6-18-97)

A.

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

B.

Notice to the public of availability of accommodation. The City shall display a notice on the City's public notice bulletin board (and shall maintain copies available for review in the Department of Sustainable Development and the City Clerk's Office), advising the public that disabled individuals (and qualifying entities) may request a reasonable accommodation as provided herein.

C.

Application. A request for reasonable accommodation under this section shall be upon a written reasonable accommodation request form maintained by the City Department of Sustainable Development (Department) and submitted to the Department. The reasonable accommodation request form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection 47-24.13.H., below.

1.

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

2.

Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section, and the City shall have no obligation to pay a requesting party's attorney's fees or costs in connection with the request.

3.

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

D.

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that he/she or the residents of the housing for which this request is made are protected under the FHA or ADA by demonstrating that he/she or the residents of the proposed housing are people with disabilities, as defined by the ULDR.

1.

The requesting party shall demonstrate that the proposed reasonable accommodations sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request. The following factors shall be considered, among other relevant factors including judicial interpretation of disability law:

a.

The disabled individuals shall establish that they are handicapped or disabled, as defined in the FHA or ADA, and therefore entitled to protection under the FHA or ADA, such that they have a physical or mental impairment which substantially limits one (1) or more major life activities; or that they have a record of having such impairment, or that they are regarded as having such impairment.

b.

If a request for reasonable accommodation is submitted by an operator of a residence that provides housing to disabled individuals, the operator shall be required to establish that the operator is qualified to provide such housing to disabled individuals.

c.

The requesting party shall demonstrate that the requested accommodation is both reasonable and necessary (as interpreted by the courts) to afford the disabled individuals served by the housing an equal opportunity to use and enjoy the housing, including that the proposed accommodation is therapeutically necessary and actually alleviates the effects of a handicap or disability, with a site-specific assessment in regard to the particular property in that regard.

d.

The requesting party shall demonstrate that the proposed accommodation does not constitute a fundamental alteration of the City's zoning scheme or other City program or policies, and that it does not impose an undue financial or administrative burden on the City.

2.

A request for reasonable accommodation to permit more than ten (10) unrelated individuals to occupy a community residence shall be granted only when the requesting party also meets the conditional use standards for community residences in subsection 47-24.14.C of the ULDR. In this case, the process will involve the Special Magistrate and not the Planning and Zoning Board or the City Commission.

3.

A request for reasonable accommodation to permit a community residence for more than three (3) disabled individuals for which there is no license or certification available shall also meet the standards for the similar proposed size and type of community resident in subsection 47-24.14.B or C, as applicable. In this case, the process will involve the Special Magistrate and not the Planning and Zoning Board or the City Commission. In addition, the applicant must demonstrate that the proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence, that the staff will be adequately trained, that the home will emulate a biological family and be operated to achieve normalization and community integration, and that the rules and practices governing how the home is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

4.

The foregoing shall be the basis for a written decision with findings of fact upon a reasonable accommodation request made by to the Special Magistrate.

E.

Special Magistrate review and decision. The City shall appoint a Special Magistrate to hear and act on requests for reasonable accommodation. The Magistrate shall be a member in good standing with the Florida Bar and have experience in land use or disability law. When a reasonable accommodation request form has been completed and submitted to the Department of Sustainable Development, it will be referred to the Special Magistrate for review and consideration. The Special Magistrate shall conduct a noticed public hearing, in accordance with Sections 47-27.3 and 47-27.4, to receive input and information from the public. The Special Magistrate shall thereafter issue a written determination within thirty (30) calendar days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denials shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested or hand delivery, receipt signed by the recipient. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Special Magistrate may, prior to the end of said thirty (30) calendar day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) calendar day period to issue a written determination shall no longer be applicable, and the Special Magistrate shall issue a written determination within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) calendar day period, the Special Magistrate shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required.

F.

Appeal. An appeal from a decision of the Special Magistrate shall be handled exclusively by petition for writ of certiorari within thirty (30) days from the date of filing the written order of the Special Magistrate with the City Clerk.

G.

Stay of enforcement. While a request for reasonable accommodation for a community residence, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the requesting or appealing party.

H.

Request form for reasonable accommodation.

1.

Contents of reasonable accommodation request form:

a.

Name and contact information of the Applicant;

b.

Information regarding property at which reasonable accommodation is requested, including the address and legal description of such location as well as ownership of the subject property;

c.

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

d.

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

e.

Describe qualifying disability or handicap;

f.

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

g.

All certified recovery residences must provide proof of satisfactory, fire, safety, and health inspections as required by F.S. § 397.487, as amended from time to time;

h.

Signature of requesting party;

i.

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

j.

Date of request;

k.

Owner's consent for application.

2.

A requesting party who seeks a reasonable accommodation to house more than ten (10) unrelated individuals in a community residence as provided in subsection 47-24.15 shall also complete and submit the form the City requires of all applications to establish a community residence.

I.

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

J.

Recertification. All reasonable accommodation requests approved by the Special Magistrate and implemented by the requesting party in subsection H., "Requests for Accommodation", are valid for no more than one (1) year and shall require annual recertification each year on or before April 1st. Failure to recertify annually shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements and procedures as in subsection H., "Requests for Accommodation", and review of recertification requests shall follow the same procedures as outlined in subsection E., "Notice of Proposed Decision", with the same appellate opportunities afforded to the requesting party as provided under subsection F., "Appeal" except the recertification notice will be sent annually by regular mail or hand delivered.

(Ord. No. C-18-11, § 2, 4-17-18)

A.

Conditional Use Permit for Community Residences. In conjunction with Section 47-24.3 of the ULDR, the purpose of this section is to provide narrowly-tailored standards for determining whether to granting a conditional use permit as a form of reasonable accommodation to ensure that the community residences required to obtain a conditional use permit will:

1.

Be located a sufficient distance from any existing community residences so that the proposed community residence does not lessen nor interfere with the normalization and community integration of the residents of existing community residences or combine with any existing community residences to contribute to the creation or intensification of a de facto social service district,

2.

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

3.

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

B.

Standards for Awarding a Conditional Use Permit for Family Community Residence and Transitional Community Residence of four (4) to ten (10) residents. A conditional use permit may be issued only if the proposed family community residence or proposed transitional community residence meets the following standards, in addition to the conditional use standards of Section 47-24.3:

1.

When the proposed family community residence or a transitional community residence is required to obtain a conditional use permit because it would be located within one thousand (1,000) linear feet of an existing community residence,

a.

The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and that the presence of other community residences will not interfere with the normalization and community integration of the residents of the proposed community residence, and

b.

The applicant demonstrates that the proposed community residence in combination with any existing community residences 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 concentrating community residences on a block or in a neighborhood.

2.

When the proposed transitional community residence is a conditional use in a single family zoning district,

a.

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

b.

The applicant demonstrates that the proposed transitional community residence in combination with any existing community residences 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 concentrating community residences on a block or in a neighborhood, and

c.

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

d.

The applicant demonstrates that the proposed transitional community residence will not alter the residential stability of the single-family zoning district.

C.

Standards for Awarding a Reasonable Accommodation/conditional use for Community Residence with more than ten (10) residents. To establish a community residence for more than ten (10) individuals with disabilities, the applicant shall submit a Request for Reasonable Accommodation in accordance with the procedures of Section 47-24.13 of these ULDRs. In all cases the Special Magistrate shall make findings of fact in support of all determinations and shall render the decision in writing. To grant a Reasonable Accommodation to allow more than ten (10) occupants in a community residence, the Special Magistrate shall affirmatively find compliance with the conditional use standards of Section 47-24.3 of the ULDR, the reasonable accommodation standards promulgated in Section 47-24.13 of the ULDR, and the following:

1.

The applicant specifies by how many individuals it wishes to exceed the maximum of ten (10) residents and adequately demonstrates the financial or therapeutic need to house the proposed number of residents, and

2.

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

3.

The applicant demonstrates that it will ensure that the proposed community residence emulates a biological family and operates as a functional family rather than as an institution, boarding house, nursing home, short term vacation rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, or a nonresidential use, and

4.

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

D.

Community Residence for which the State of Florida does not offer a license or certification. To establish a community residence of more than three (3) persons for which the State of Florida does not offer a license or certification, the applicant must meet the standards for the similar proposed size and type of community residence in subsections 47-24.14.B or C, as applicable, in addition to the reasonable accommodation standards promulgated in Section 47-24.13 of the ULDR. The Special Magistrate shall make findings of fact in support of all determinations and shall render the decision in writing.

E.

Fees. The fee for consideration of a conditional use permit under this section shall be three hundred dollars ($300.00), as this type of conditional use is a form of reasonable accommodation and therefore the City fees for conditional use review are not applicable.

F.

Termination of Conditional Use Permit. A community residence or its operator that loses its license or certification must cease operations and vacate the property within sixty (60) days of the date on which its licensing or certification was discontinued or the date required by state law, whichever is less.

(Ord. No. C-18-11, § 3, 4-17-18)