Hallandale Beach City Zoning Code

The purpose and intent of development review is to encourage a more functional, efficient and compatible character of development, to promote logic, imagination, innovation and variety in project design, to preserve, protect and supplement the existing natural environment, to ensure that urban services delivery systems are not unduly overburdened by excessive or premature development, and to determine that all development occurs in full conformity to the county land use plan and, when adopted, the city comprehensive plan and elements of the plan.

(Code 1980, app. A, art. VII, § 1)

(a) Review procedures. All applications for a development permit within the city shall be subject to development review procedures, including both site plan review and impact evaluation. Applications shall be classified as either of a minor or major nature for the purposes of determining procedural review and approval responsibilities. The following classifications are established:

(1) Minor development. Minor developments shall include those which contain less than ten residential dwelling units, or less than 4,000 square feet of nonresidential gross floor area and shall be subject only to staff review and approval.

(2) Major development. Major developments shall include those which contain ten residential dwelling units or more, or 4,000 square feet of nonresidential gross floor area or more and shall be subject to review by staff and the planning and zoning board, and review and approval by the city commission.

(3) Major development with administrative review. Certain development applications in the Central RAC zoning district that would otherwise qualify as major developments are subject only to staff review and approval; see section 32-205(a).

(4) Division of proposed developments prohibited. Applicants may not divide or phase developments to avoid being subject to major development classification. If an applicant obtains approval for a minor development, and, within two years from that approval, that applicant or his successor in interest, submits another application for a development permit on the same parcel of property that, together with the previously approved development, would qualify as a major development, then the entire project, including that portion previously approved, shall be subject to the requirements for major developments.

(b) Development permits other than building permits. The purpose of this subsection is to provide a process for conducting the required development review of applications for development permits that do not contain a complete, specific site development proposal. For example, applications for rezoning or plat approval frequently do not submit detailed site plans and specific site development information. However, the impact evaluation portion of the development review process must review a specific development proposal. Therefore, applications for development permits that do not include a complete, specific site development proposal shall, for impact evaluation purposes, be presumed to be the most intense development permitted under the applicable land development regulations. If different permitted uses in the applicable regulations have different impacts upon the services or facilities to be evaluated, the most intense impact on each separate service or facility shall be presumed. The applicable land development regulations may refer, where the context is appropriate, to either the current regulations or, as in a rezoning or variance, the regulations as proposed to be amended or varied. If the applicant submits a complete, specific site development proposal, meeting all submission requirements for both site plan approval and impact evaluation, as part of his application for a development permit, that application will be evaluated on the basis of that proposal. If the applicant for a rezoning, variance or plat approval submits a specific proposed use, but does not submit a complete site development proposal, impact evaluation of the rezoning shall focus on that proposed use. If he subsequently submits an application for building permits for a use other than, and, in any aspect, more intense than that submitted proposed use, he shall be subject to a new, complete impact evaluation process, as well as full site plan review. Further, if the requested development permit is granted based upon a complete, specific site development proposal, then a subsequent application for building permits shall not be subject to a new site plan and impact evaluation process and approval, subject to the following:

(1) The director may approve that subsequent application if he determines that:

a. There has not been any material and substantial change in the conditions existing at the time of the development permit approval;

b. The building permit application is in strict conformity with the complete, specific site development permit; and

c. The subsequent application for a building permit is made within one year from the date of final development permit approval.

(2) If the director's determination as to any of these conditions is negative, then a new, complete site plan review and impact evaluation process must be completed prior to issuance of any building permits, subject to the following:

a. If that determination is based upon a material or substantial change in conditions, then the new development review process shall consider only those changed conditions.

b. If that determination is based on a change in the site development proposal, then the new development review process shall consider only those items in the proposal that are changed.

(3) The costs and expenditures incurred by the applicant in accompanying his application for development permit with a complete, specific site development proposal, and in meeting all site plan review and impact evaluation requirements shall not, in any way, create for the applicant any expectation of or reliance on development approval. This is especially true with respect to rezoning or variance requests, which must be evaluated on factors such as conformity with the comprehensive plan, compatible land uses, and many other factors in addition to impact evaluation.

(4) If an applicant has had his rezoning, variance or plat application reviewed, in absence of a complete, specific site development proposal, and approved, on the basis of the presumption of the most intense development permitted under the applicable regulations, then, if the applicant submits a complete, specific site development proposal within one year from the date of approval, he shall be subject only to site plan review and not impact evaluation.

(5) If an applicant has had his rezoning, variance or plat application reviewed, in the absence of a complete, specific site development proposal, and approved, on the basis of his submission of a specific proposed use, then if the applicant submits a complete, specific site development proposal reflecting that proposed use within one year from the date of approval, he shall be subject only to site plan review and not impact evaluation. If he submits a complete, specific site development proposal for a different and, in any aspect, a more intense use, the application shall be subject to a new, complete site plan review and impact evaluation process.

(Code 1980, app. A, art. VII, § 2; Ord. No. 2014-32, § 8, 11-5-2014)

(a) Staff review.

(1) All applications for both minor and major developments, including required site plans and impact evaluation statements, shall be submitted by the applicant to the director, who shall review them to ascertain their compliance with all applicable laws, ordinances and regulations. The directors shall transmit copies of relevant materials to those other departments and agencies, as appropriate, in order to perform a complete review, including but not limited to the police, fire, parks, engineering, utilities and finance departments.

(2) The director shall notify all adjacent units of local government within a 1,000-foot radius of any proposed major development that such a review is underway and solicit their input and recommendations.

(b) Staff action. The director shall have 60 calendar days from the date an application is filed to render a final decision on a minor development. Any aggrieved applicant shall have 14 calendar days from the date of that administrative decision to appeal to the city commission, in which event the city commission may proceed as specified in subsection (e) of this section.

(c) Board review.

(1) Applications for major development shall be transmitted within 90 days from the date an application in final form with all supporting documents is filed with the director, to the planning and zoning board for its review and consideration. The director shall include with that transmittal a written report and recommendation; and that transmittal should include, without limitation, all pertinent documents submitted by the applicant, reports of the reviewing city departments, and any other applicable documentation or graphic.

(2) An applicant may amend or modify the submitted application but in such case the time period for transmittal shall run from the director's receipt of the application as amended or modified.

(d) Board action. The planning and zoning board shall recommend to the city commission, within 120 days from the receipt of the director's transmittal and recommendation, that the proposed development be approved, approved with modifications or conditions, or denied. Extensions may be granted by the city commission upon the written request of the board for good cause. The board shall summarize the reasons for its advisory recommendations in a written report which shall be transmitted to the city commission through the director.

(e) City commission action. The director, upon receipt of the written report of the board, shall transmit the application to the city commission and place the item on the next available regular agenda. That transmittal may include, without limitations, all pertinent documents submitted by the applicant, the director's report and recommendation, the board report and any other applicable documentation or graphic. The city clerk shall keep all this material as part of the public record of the city commission. If the city commission determines that a proposed major development, together with other developments in the impact area, which have certificates of occupancy or valid building permits currently in effect, or for which capacity has been reserved, would not cause or result in a violation of the standards established by this article, and is in full compliance with other applicable laws, ordinances or regulations, then the city commission shall approve the application for development permit. If the city commission determines that the proposed development, together with other developments in the impact area, which have certificates of occupancy or valid building permits currently in effect, or for which capacity has been reserved, would cause or result in a violation of the standards established by this article, then the city commission may:

(1) Deny the application;

(2) Phase the application to ensure compliance with these standards;

(3) Modify the application so that these standards are met; or

(4) Grant conditional approval or modification of the application, attaching whatever reasonable conditions or requirements the city commission deems necessary to ensure compliance with these standards or maximum mitigation of the adverse impacts of the development.

(f) Development conditions. These conditions may include, without limitation, requiring the applicant, at his cost and expense, to:

(1) Finance or dedicate land for public rights-of-way, easements, parks and open space, or school sites;

(2) Finance or construct potable water, wastewater or drainage facilities; or

(3) Any other reasonable condition necessary to ensure compliance with these standards prior to the issuance of a certificate of occupancy, if the applicant agrees in writing in a recordable agreement binding upon his successors and assigns, that no certificate of occupancy will be issued until the requirements of this article are met. Otherwise, all conditions must be satisfied prior to issuance of the development permit. Attachment of these conditions shall be voluntary on the part of the applicant; and agreement by the applicant to provide any conditions will not, in any way, obligate the city to approve the subject application. Any conditional approval shall be based solely on the fact that the development application, as modified or conditioned, meets the standards of this article, and may not be based solely on the granting of certain conditions deemed favorable by the city unless the standards of this article are met.

(4) Any representation made before any city board, any administrative board, or the city commission in an application for a development approval, variance, special exception, conditional use or request for any other permit shall be deemed a condition of the granting of the approval or permit. Should any representations be false or should said representation not be continued as represented by the applicant, same shall be deemed a violation of the conditions of approval and a violation of this section.

(Code 1980, app. A, art. VII, § 3; Ord. No. 2025-015, § 2, 8-20-2025)

(a) Required information. All applications shall include the information specified in this section which shall relate to the overall capability of the applicant to actually develop the site, if approved.

(b) Ownership. The applicant shall show that he has a property interest in the site, which shall consist of at least one of the following:

(1) A fee simple title;

(2) An option to acquire fee simple title within a specified period of time;

(3) A leasehold interest in excess of 20 years;

(4) A substantial interest in a joint venture agreement or real estate syndication which has or can obtain a fee simple title; or

(5) A marketable title subject to a certain condition which will not substantially restrict development within a reasonable time.

(c) Mortgages, liens and judgments. All mortgages, including purchase money mortgages, all easements restricting land use, all liens and all judgments which may affect the site shall be identified.

(d) Experience. The applicant may submit information pertaining to previous building and land development experience.

(e) Financial capability. The applicant shall provide evidence of his ability to acquire sufficient development funds by submitting either a letter of commitment from a recognized financial institution or a certified personal or corporate financial statement.

(f) Burden of proof on applicant. The applicant is required to establish to the satisfaction of, where appropriate, the staff, board or commission, that his proposed development is in strict compliance with all the standards and requirements of this article. The applicant may be required, at his expense, to furnish the appropriate reviewing agency with professional planning, engineering or other technical data, evaluations or reports demonstrating that compliance, also including, without being limited to, paying the reasonable costs of having the city's professional consultants evaluate that submitted material for compliance with this article.

(Code 1980, app. A, art. VII, § 4)

All plans, exhibits and data required for major developments should be prepared by the applicant with qualified professional assistance from at least three of the following:

(1) A professional urban planner (A.I.P. member);

(2) A registered engineer or land surveyor;

(3) A licensed architect;

(4) A registered landscape architect; or

(5) Other qualified professionals as required to address specific issues relating to demographics, financing, economics and the like.

(Code 1980, app. A, art. VII, § 5)

(a) Scope. Site plan review shall relate primarily to an evaluation of internal design quality and the physical capacity of the site to accommodate the proposed development.

(b) General information. The number of required site plan copies to be submitted by the applicant shall be administratively determined by the director. Each application shall be accompanied by proof that the appropriate filing fee as required in section 32-792 has been paid. In order to ensure uniformity in the presentation of site plans, all submittals shall:

(1) Be prepared at a scale not smaller than one inch equals 50 feet;

(2) Be submitted on sheets 24 by 36 inches unless the director determines that another sheet size would be more appropriate;

(3) Show the project name, name and address of the owner, designer and developer, north arrow, date, and scale of drawing (numerical and graphic); and

(4) Reserve a blank space, three inches wide and five inches high for the use of the reviewing authority.

(c) Certified property survey. A certified property boundary survey, prepared by a registered land surveyor, shall be submitted, including an accurate legal description of the property and a computation of the total acreage to the nearest tenth of an acre. The survey shall have been prepared within one year prior to filing.

(d) Existing site characteristics map. An existing site characteristics map shall show the following:

(1) Existing physiography, including soils, topography, watercourses, and identification of the 100-year floodplain.

(2) Existing tree survey, including their location, type, height, trunk diameter at four feet above existing ground level and a written statement from a qualified botanist, landscape architect, forester or ecologist explaining their value, their tolerance to the proposed development, and what measures are to be taken to minimize any negative impacts of the development as it relates to vegetation.

(3) Existing structures, including their location, current usage, size and condition.

(4) Existing zoning of the site and all property within 25 feet which is either adjacent to the site or separate from the site by a public right-of-way.

(5) Existing water and wastewater utility lines at the point of site intersection, including their condition, size, current peak hour utilization, capacity and peak hour pressure.

(6) Existing streets, including their condition, right-of-way width, current usage and design capacity.

(e) Proposed site development plan. A proposed site development plan shall show the following:

(1) Proposed finished grading by spot elevations and in particular at locations along lot lines.

(2) Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

(3) Provisions for the adequate drainage and disposition of natural water and stormwater in accordance with the adopted design standards of the city, indicating the location, size, type and grade of ditches, catchbasins and pipes and connections to existing drainage system and on-site stormwater retention.

(4) Proposed utility services, including but not limited to:

a. Water and wastewater lines and pipe sizes;

b. Telephone, electric and gas lines;

c. Solid waste receptacle locations and capacities; and

d. Fire hydrant locations and pressure capabilities.

(5) Proposed structures, including their location, use, height, gross floor area and, where applicable, the density, number, size and type of residential dwelling units. The total amount and percentage of site area to be utilized for structural coverage shall be indicated.

(6) Proposed vehicular use areas, including off-street parking and loading spaces, driveways, on-site curb cuts, related off-site median cuts, and acceleration and deceleration lanes, including their location, size, width and type of surface and access routes for emergency vehicles. The total amount and percentage of site area to be utilized for vehicular use areas shall be indicated.

(7) Proposed fences, walls, screen planting and hedges, including their location, type, size and height.

(8) Proposed pedestrian ways and sidewalks, including their location, width and type of surfacing.

(9) Proposed open space and recreational areas, including the location, height, type and size of all trees, plants and other landscape materials. The total amount and percentage of site area to be utilized for both pervious and impervious open space and recreation areas shall also be indicated.

(10) Proposed signage, where applicable, including their location, dimensions, height and type.

(11) Proposed handicapped design features, including ramps, parking spaces, fountains and restrooms.

(f) Other requirements. Other requirements are as follows:

(1) A description of the number of anticipated future residents, users and employees of the proposed development.

(2) A description of the architectural harmony and compatibility of proposed buildings and other structures and the relationship of such structures to each other, adjacent development and the overall community, including such items as height, bulk, construction materials, and facade treatment. A description of maximum shadows to be cast by proposed structures shall also be included.

(3) A description of anticipated energy demands of the proposed development and what measures are to be taken to reduce energy consumption, both through project design and permanent operational techniques.

(4) A description of public mass transportation routes and schedules as related to the proposed development.

(5) A description of how the proposed development is in conformity with, where applicable, the county land use plan, the city's comprehensive plan or element of such plan, the city subdivision platting and zoning codes, and all other applicable laws, ordinances or regulations.

(6) Evidence that coordination has been accomplished, or will be accomplished prior to development, with other agencies which may have jurisdiction over the proposed development, including but not limited to:

a. Broward County Planning Council.

b. Broward County School Board.

c. Broward County Health Department.

d. South Florida Regional Planning Council.

e. South Florida Water Management District.

f. Florida Department of Environmental Protection.

g. Florida Department of Transportation.

h. U.S. Army Corps of Engineers.

i. U.S. Environmental Protection Agency.

(7) Submission of a 3-D isometric rendering of the proposed development project in an electronic format that is acceptable to the city. Acceptable electronic format shall be determined by the city manager. The 3-D isometric rendering ("file") shall be re-submitted within 30 days to the planning and zoning division, if the approved development is altered from the original submission.

(g) Modification of submission requirements.

(1) With respect to minor development projects, the city manager or designee shall have the discretion to waive or modify certain submission requirements which are not applicable to that project because of the size, scope, physical characteristics, or location of the project, or which are not justified in terms of cost of submission compared to cost of the project, and which are not essential to a determination of compliance with this article. The city manager or designee may, by written regulation, specify certain types of projects and their submission requirements.

(2) a. With respect to major development projects, the planning and zoning board, based on the same criteria, shall have the discretion to waive or modify certain of the submission requirements. The applicant may request, prior to submission of its formal application, a preapplication conference with the board to determine which, if any, of the submission requirements are to be waived or modified. Otherwise, the applicant may submit an application omitting certain submission requirements, obtaining a decision of the board on such waivers or modifications as part of the standard board review procedure. If, however, the board does not approve the requested waivers or modifications, the board may require the information to be submitted to both the director and the board for their review; and any additional time required shall be added to the established review time limitations.

b. The city commission, regardless of any waivers or modifications granted by the board, retains full and final authority to require that all submission requirements contained in the ordinance be fully complied with prior to city commission approval. Any additional time necessary to meet the city commission requirements shall be added to the established review time limitations.

(Code 1980, app. A, art. VII, § 6; Ord. No. 2017-02, § 1, 1-25-2017)

(a) Utilization. The standards specified in this section shall be utilized in the review and evaluation of required site plans.

(b) Natural environment. All proposed developments shall, to the maximum extent feasible, be designed in such a manner as to preserve, perpetuate and improve the existing natural character of the site. Existing trees and other landscape features shall, to the maximum feasible extent consistent with permitted development of the site, be preserved in their natural state and additional landscape features, to relate structural design to the site, and to conceal unattractive uses, all in full compliance with all applicable ordinances of the city.

(c) Open space.

(1) Passive open spaces (those areas not planned for intensive activity) shall be arranged as to enhance internal spatial relationships between proposed structures, to provide buffers between the development and adjacent less intensive uses, to facilitate pedestrian movements within the development, and to improve the overall visual quality of the site.

(2) Active open spaces (those areas containing activities such as playgrounds, tennis courts, swimming pools and other active recreational facilities) shall be located so as to permit easy access for all residents or users within a development, and to have a compatible relationship with other uses within the development. Private recreational facilities and activities within specific projects shall, wherever possible, complement, rather than duplicate nearby public recreational activities. Location of open space in sizeable plots instead of scattered pieces should be emphasized.

(d) Circulation and parking. All circulation and parking facilities shall be designed and located in such a manner as to comply with the following:

(1) A clearly defined internal vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Pavement widths and access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and functional with transportation systems outside the development.

(2) Whenever possible, units should be located on streets which are designed to discourage nonlocal through traffic.

(3) Off-street parking areas shall be provided which adequately accommodate maximum vehicle storage demands and shall be located and designed in such a manner as to not create incompatible visual relationships.

(4) Safe and efficient access to all areas of a proposed development shall be provided for emergency and service vehicles.

(5) Ease of parking shall be the criterion for evaluation of parking layouts. Ingress to, movement throughout, and egress from the parking facilities should be simple, trouble free and safe, without any prior knowledge of the layout by the driver.

(6) Parking should be placed in locations convenient for pedestrian access to the buildings. The mixture of pedestrian circulation with vehicular access and circulation should be minimized.

(7) Parking facilities for disabled and handicapped vehicle operators should be located convenient to major building entrances or activity centers and should be directly related to sidewalks or pathways which do not inhibit subsequent user movement to ultimate surface destinations.

(e) Access control.

(1) All proposed developments shall have an adequate degree of control of access to and from the streets abutting the development to minimize traffic conflicts and accident potential and maximize the capacity and safety characteristics of those streets.

(2) All access locations shall have adequate sight distance available for the safe execution of entrance and exit maneuvers.

(3) Location of access near structures, intersections or other points that tend to produce traffic conflict shall be minimized.

(4) The use of a frontage road or other auxiliary path is recommended on minor arterials or higher classifications where the need for direct driveway access is frequent.

(5) Access points shall be designed to minimize the number and type of traffic maneuvers necessary to enter or exit.

(6) Use of public street as an integral part of the internal circulation pattern shall be minimized.

(7) The number of driveway access points shall be the minimum necessary to provide adequate service to the development.

(8) Acceleration, storage and deceleration lanes may be required for arterials.

(9) At its intersection with the property line, no part of any accessway shall be nearer than 100 feet to the intersection of any two street right-of-way lines unless unusual circumstances demonstrate the need for a shorter distance.

(10) The location and number of accessways shall be arranged so that they will reduce traffic hazards as much as possible.

(f) Public transportation. All proposed development shall, wherever appropriate and feasible, be designed in such a manner as to promote the use of available public transportation by the residents, users and employees of the development. Measures such as the following should be employed by the applicant, wherever appropriate:

(1) Dedication of additional right-of-way for bus bays at approved transit stops;

(2) Installation of on-site or off-site sheltered seating facilities for the convenience of waiting transit users; and

(3) Display of conveniently located on-premises route schedules and time tables.

(g) Community services.

(1) All proposed development shall be designed and located in such a manner as to ensure the adequate provision of necessary community services.

(2) An efficient internal solid waste collection system, including the provision of an adequate number of local receptacles in locations that afford maximum use and collection convenience, shall be provided. All new residential buildings greater than 3 stories in height must include both a trash and a recycling chute. The designated chute for recyclables only shall be kept separate from the bulk (garbage/trash) chute and shall be designed with designated solid waste chutes that connect to an enclosed CBS room within the principal building. The city manager is authorized to waive compliance from this requirement. An application may be filed for consideration by the city manager which demonstrates:

1. All efforts have been made to accommodate designated solid waste chutes and why the building design cannot achieve the requirement.

2. That the relief requested is the minimum necessary to permit servicing the building.

(3) A well-designed internal fire protection system, including the provisions of an adequate number of properly located fire hydrants and an efficient access arrangement for emergency fire vehicles, shall be provided to ensure the safety of all persons within the project.

(4) Unsightly elements, such as solid waste collection facilities, meters and compressors should, where feasible, be adequately screened from view by a wall, fence or hedge or other appropriate means.

(h) Drainage.

(1) All proposed development shall be in compliance with the applicable flood control ordinances of the city. Adequate areas of permeable soil and vegetation shall be provided to allow replenishing of the groundwater table by rainfall to the maximum extent feasible. The method of dealing with stormwater drainage shall, to the maximum feasible extent, minimize the harmful impact of development on the environment by preserving and utilizing the inherent natural capabilities of the site to absorb water effectively with minor modifications to land configuration. Careful site planning shall be utilized to maximize the areas of the site that retain and absorb water, and the stormwater produced by five-year storm conditions shall be collected and retained and recharged on the site of all development.

(2) Large open areas of highly permeable soils shall be set aside as detention areas, catchment areas, vegetated swales and filter beds to ameliorate the force of excess runoff and recharge the aquifer. Vegetated swales which follow the natural contour and are an effective means of directing water flow shall be utilized. The drainage system shall:

a. Maximize recharge.

b. Minimize runoff.

c. Minimize erosion and siltation.

d. Minimize vegetation removal.

e. Minimize maintenance and drainage system costs.

f. Maintain or improve water quality standards.

g. Provide for the gradual and dispersed drainage of excess surface runoff so that runoff from within the boundaries of the proposed development will approximate natural rates, volumes and directions of flow from that parcel.

h. Not result in any surface runoff across or onto any public beach areas.

(3) Drainage shall be adequate to protect rooms in new structures designed for occupancy from the 100-year flood based upon the information provided by the Federal Insurance Administration or other competent source. Exceptions to elevation standards may be made only to the degree that it would be impossible to comply with an elevation criteria without creating a greater probability of flooding existing structures designed for occupancy on adjacent lots.

(i) Buildings and other structures. All buildings and structures proposed within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the environment. The following guidelines shall be followed in the review and evaluations of all buildings and structures:

(1) Proposed buildings and structures shall be related harmoniously to the terrain, other buildings, and the surrounding neighborhood, and shall not create through their location, scale, style, color or texture incompatible physical or visual relationships.

(2) Maximum privacy shall be incorporated into the design of individual residential units and related outdoor living areas.

(3) Shadows cast by proposed structures shall be discouraged from precluding the reasonable use of recreational facilities or the future installation and maximum effectiveness of solar energy devices on structures within and adjacent to the proposed development.

(4) All proposed signage and advertising devices shall be designed to appear as an integrated part of any development and shall not cause by their location, size or design any physically unsafe or visually incompatible relationships.

(j) Energy conservation. All proposed development shall be designed in such a manner as to promote maximum efficiency in the use of energy resource. The following should be taken into consideration by the applicant wherever feasible:

(1) Energy-saving site planning considerations, such as solar and prevailing wind relationships and the use of vegetation;

(2) Energy-saving structural considerations, such as window sun screens, automatic thermostats, and extra insulation; and

(3) The partial or full use of alternate energy sources.

(k) Green building program. In addition to subsection (j)(1) above, new development projects or substantial renovations as described in subsection (j)(2) shall be required to meet the green building certification levels prescribed below based on building size and type. Projects with ten to 99 residential units or hotel rooms or nonresidential projects sized at 49,999 square feet or less shall achieve the prescribed minimum green building program certification level within the city's green building program outlined in chapter 8 of this Code. Any new city-owned and operated building construction project, or projects which have 100 or more residential units or hotel rooms, or nonresidential projects with 50,000 square feet or more in area, shall be required to obtain a green building certification of LEED-Gold, Florida Green Building Coalition-Gold, Green Gloves-3 Gloves, or Living Future-Building Challenge Certification or above, from a recognized environmental agency accepted by the city's development services director, or achieve net zero carbon as outlined in chapter 8:

(1) The information specified in Table 8-40(a) required green building prerequisites and Table 8-40(b), the sustainability worksheet, in chapter 8 shall be submitted with the application for development review through the development services department based on the project type and size as specified below under certification requirements.

(2) Certification requirements:

(3) Substantial Renovation for the purposes of this section shall include any work to any type or size building identified in subsection (k) above that includes the addition of floor area equal to 50 percent or more of the existing floor area; or the addition of new floors that exceeds more than 50 percent of the assessed value of the existing building. For the purpose of calculation, the increase in floor area shall be aggregated over a three-year period.

(4) Green building bond requirements. Prior to the issuance of a building permit for a project that is subject to the requirement of this section, the developer/owner/contractor shall provide the city with a performance bond, cash, or irrevocable letter of credit payment (green building bond) in the amount of three percent of the master building permit construction cost value.

The city will hold the green building bond for the time necessary for the green certification, or equivalent, to be issued or 24 months after issuance of the certificate of occupancy or completion; whichever is less. Upon receiving final documentation of the certification from the developer/owner/contractor, the city shall release the full amount of the bond within 30 days.

If the developer/owner/contractor is unable to provide proof of green certification, or equivalent, within 24 months after issuance of the certificate of occupancy or completion, the full amount of the green building bond shall be forfeited to the city. Any proceeds from the forfeiture of the bond under this section shall be allocated towards funding the city's green initiatives.

(Code 1980, app. A, art. VII, § 7; Ord. No. 2009-20, § 1, 11-4-2009; Ord. No. 2020-018, § 1, 9-2-2020)

(a) Scope. Impact evaluation shall relate primarily to the overall effect or impact of a proposed development on its surrounding neighborhood and the overall community. A uniform impact data matrix, to be provided by the director, may be utilized by the applicant in determining certain impacts and submitted in conjunction with the impact evaluation statements required in this section. This matrix should be constantly revised to represent the current professional planning and engineering measurements of the specified impacts reflecting local characteristics. The applicant may submit different or modified calculations or measurements of these impacts applicable to his project, provided they are supported and documented by competent and substantial professional planning and engineering judgments and opinions. All of the following areas of impact concern shall be addressed by the applicant as accurately and completely as possible, utilizing qualified professional assistance as recommended in section 32-785.

(b) Groundwater quality. A description of existing on-site groundwater quality and the impact of the proposed development on groundwater quality and what measures will be employed to minimize or reduce any adverse effects, including but not limited to:

(1) Sedimentation and siltation from any excavation, dredge and/or fill operations;

(2) Erosion; and

(3) Surface runoff;

is required.

(c) Wastewater.

(1) A description of the amount, type, and physical and chemical composition of wastewater to be generated by the proposed development and how connections to municipal systems are to be accomplished, including the practicality of such connections and the capability of the system to accommodate the generation, is required.

(2) All impacted wastewater collection, transmission and treatment facilities shall be identified and evaluated in order to determine their current capacity, peak hour utilization, level and treatment and any problems affecting treatment capacity.

(d) Potable water. A description of the amount of potable water to be consumed by the proposed development and how connections to municipal systems are to be accomplished, including the practicality of such connections and the capability of the system to accommodate the demand, is required.

(e) Solid waste. A description of the amount of solid waste to be generated by the proposed development and methods to be employed in collection, disposal, and resource recovery operations is required.

(f) Other utilities. A description of the impact of the proposed development on other utilities and evidence of the abilities of appropriate utility companies to accommodate the development, including electricity, telephone and gas services, is required.

(g) Traffic. A description of vehicular traffic to be generated by the proposed development and its impact on both an average daily and peak hour basis as related to both current roadway usage, projected roadway usage, and design capacities at:

(1) Vehicular access points to the site; and

(2) Street intersections within a 1,000-foot radius of the site;

is required. Measures that will be taken by the developer to reduce any adverse traffic impact generated by the development on or off the site shall be indicated, including such improvements as additional rights-of-way dedications, improved traffic signalization, and acceleration or deceleration lanes.

(h) Public safety. A description of the impact of the proposed development on existing police, fire and rescue services, including personnel requirements, distance to stations, response times, and equipment needs and what measures are proposed to alleviate any demands and problems to be created by the development is required.

(i) School facilities. A description of the impact of the proposed development on school facilities, including both preschool and school-age population generated, distance to and current enrollment levels and capacities of existing schools which would serve the development, and what measures are proposed to alleviate any problems to be created by the development is required.

(j) Parks and open space. A description of the impact of the proposed development on parks and open space, including the number, type, size, capacity and current usage of, and distance to park, recreational and open space facilities currently available, and what measures are proposed to alleviate any problems to be created by the development, is required.

(k) Community facilities. A description of the impact of the proposed development on existing community facilities, such as libraries, cultural attractions and houses of worship, including the number, type, size, capacity and current usage of and distance to such facilities, and what measures are proposed to alleviate any problems to be created by the development, is required.

(l) Historical aspects. A description of any known historical or archeological sites existing on the site, their importance and what measures will be employed to protect them both during and after construction is required.

(m) Scenic vistas. A description of the impact of the proposed development on existing scenic vistas from or through the site and what measures are to be taken to ensure the preservation of such vistas is required.

(n) Low- and moderate-priced housing. A description of the proposed development's contribution, if any, to the city's inventory of low- and moderate-priced housing units (sale or rental), and what measures are to be taken to ensure the permanency of such housing is required.

(Code 1980, app. A, art. VII, § 8)

(a) General provisions.

(1) The basis of decision in determining matters such as, without limitation, the needs of existing and proposed development, the design and functional capacity of facilities, such as water and wastewater collection, transmission, storage, treatment, and distribution and disposal facilities, traffic and drainage, and other matters within the scope of the development review process requiring professional engineering judgments and opinions, shall be based, where applicable, on commonly accepted current professional engineering standards and practices and references works, treatises and manuals, such as works sanctioned, produced or accepted by the U.S. Environmental Protection Agency, the Florida departments of health and environmental protection, the American Society of Civil Engineers, the American Water Works Association, the U.S. and Florida Departments of Transportation, the American Association of State Highway and Transportation Officials, or similar professional, scientific, technical or governmental organizations.

(2) All factual determinations required to be made by the city commission, with respect to a specific application, shall be based upon substantial competent evidence, documentation or testimony, including expert professional planning or engineering advice, either presented to the commission at a public meeting or submitted through documents that become part of the public record, and upon the evaluation of that evidence through the accumulated knowledge, information and experience of the members of the commission.

(3) The city commission, in making its findings and determinations on regional transportation network capacity and acceptable levels of service, shall also consider:

a. Existing transportation studies.

b. When applicable, the annual regional transportation report adopted by the county commission.

c. When applicable, the adopted traffic circulation element of the city's comprehensive plan.

(b) Wastewater.

(1) Wastewater collection and transmission facilities, including, without limitation, the sanitary sewer lines, laterals, mains, lift stations and trunk lines, shall have sufficient capacity to provide for the reasonably projectable collection and transmission needs of the proposed development and for other developments in the impact area which have certificates of occupancy, or for which valid building permits are currently in effect, or for which collection and transmission capacity has been reserved.

(2) The wastewater treatment and disposal facility shall have reserved and available sufficient capacity, in accordance with its operating permit, sufficient capacity to provide for the wastewater treatment and disposal needs of the proposed development and for other developments in the impact area which have certificates of occupancy, or for which valid building permits are currently in effect, or for which wastewater treatment and disposal capacity has been reserved, in conformity with all applicable federal, state, and local laws and regulations.

(c) Potable water.

(1) The existing water treatment plant shall have sufficient rated capacity to provide for the potable water needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy for which valid building permits are currently in effect, or for which potable water treatment capacity has been reserved.

(2) The capacity of that water treatment plant shall be capable of being utilized by the city, with respect to the availability of sufficient quantities of groundwater, and the city's water use permit granted by the South Florida Water Management District.

(3) The city water supply system, including the works and auxiliaries for the collection, treatment, storage and distribution of water, shall be adequate to provide sufficient potable water, at the minimum pressures and in the minimum quantities specified in the current edition of the South Florida Building Code, Broward Edition, to the proposed development, for normal peak use and fire protection requirements, and to serve other developments in the impact area which have been granted certificates of occupancy, or for which valid building permits are currently in effect, or for which potable water supplies have been reserved.

(d) Solid waste. There shall be solid waste collection, transfer and disposal facilities and equipment sufficient to provide for the needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy or for which valid building, permits are currently in effect or for which solid waste collection, transfer or disposal capacity has been reserved. The disposal site shall have the appropriate county and federal permits allowing it to accept and process the solid waste generated by these needs.

(e) Parks and recreation facilities. There shall be parks and recreation facilities sufficient to provide for the needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy or for which valid building permits are currently in effect, as outlined in the county land use plan, chapter G., "Park and Commercial Recreation," or when effective, the applicable portion or element of the city's adopted comprehensive plan.

(f) Police protection. There shall be police protection services sufficient to provide for the needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy or for which valid building permits are currently in effect or for which police protection services have been reserved.

(g) Fire protection. There shall be fire protection services sufficient to provide for the needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy or for which valid building permits are currently in effect or for which fire protection services have been reserved. The existing fire insurance rating of the city shall not be adversely affected.

(h) School facilities. There shall be school facilities sufficient to provide for the needs of the development proposed by the application and for other developments in the impact area which have certificates of occupancy or for which valid building permits are currently in effect or for which school capacity has been reserved.

(i) Regional transportation facilities. There shall be sufficient capacity within the regional transportation network to serve the proposed development and for other developments in the impact area which have certificates of occupancy or for which valid building permits are currently in effect, at an acceptable level of service. For the purposes of this section, the acceptable level of service shall be determined by the city commission until the county commission establishes the level of service for regional transportation network. The level of service once established by the county commission shall not prevent the city commission from establishing a required higher level of service for those portions of the regional transportation network located within the city, but the level of service once established by the county commission shall be the minimum standard. Local streets and roads must provide safe and adequate access between buildings within the proposed development and the regional transportation network prior to certificates of occupancy.

(Code 1980, app. A, art. VII, § 9)

(a) All minor development, major development and conditional use approvals (hereinafter collectively referred to as "site plan") shall expire, except during the pendency of litigation whereby the time requirements in this ordinance are tolled unless:

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

(2) A building permit for such above-ground principal use is issued within 24 months following the date of approval of the site plan.

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

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

(1) 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 (a);

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

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

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

(5) A complete application is submitted and building permits are issued for each subsequent principal use in accordance with subsection (a) of this section until a certificate of occupancy of its equivalent is issued for all of the principal uses on the approved site plan.

(6) Notwithstanding the provisions of this subsection (b), a site plan that includes more than one principal use shall expire if certificates of occupancy for all principal uses have not been issued within seven years of site plan approval or as negotiated by a development agreement.

(c) If a building permit for construction of an above-ground principal use 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 a new application for and receive approval of a new site plan for such above-ground principal use.

(d) If a site plan expires, the allocation of any commercial flex, residential flex, reserve units or other dwelling units granted for any use that has not received a certificate of occupancy or equivalent certification shall expire at the time the site plan expires.

(e) A six-month extension of time for site plan expiration may be granted by the city manager provided 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 in writing during the effective period of the development permit.

(Code 1980, app. A, art. VII, § 10; Ord. No. 2008-02, § 1, 3-5-2008; Ord. No. 2009-03, § 1, 3-4-2009)

Editor's note(s)—Ord. No. 2008-02, § 1, adopted March 5, 2008, changed the title of § 32-790 from "Time limits and revisions" to read as set out herein.

Prior to the final approval of a proposed development and the issuance of a development permit, there shall be executed by the owner or applicant an agreement to construct such required on-site or off-site physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility, in form and substance as approved by the city attorney. Such agreement shall be accompanied by a cash agreement, bond with surety or condition acceptable to the city in the amount of 110 percent of the estimated cost of the required physical improvements. The determination of the adequacy of all required cash agreements, bonds or conditions shall be the duty of the city attorney, with the advice of the director and city engineer.

(Code 1980, app. A, art. VII, § 11)

(a) Application fees. A fee shall be required with each application for development review and shall be paid prior to any review. Fees shall be determined by the size and type of development initially proposed by the applicant, and such fees shall be used to offset full-time staff administrative costs incurred in the review and evaluation of submitted site plans and impact evaluation statements. This fee expressly does not cover the costs of professional consultants that, pursuant to subsection 32-784(f), may have to be borne by the applicant. Fees shall be paid at the time of application. No review shall be made of any proposed development until such fee has been paid to the city. Such fees are on file in the city clerk's office. This fee expressly does not cover the cost of required impact fees itemized in subsection (b) below.

(b) Impact fees. The impact fees calculated and provided in chapter 31, development impact fees, are in accordance with the technical impact fee study adopted by the city commission and maintained in the development services department.

(1) Applicability. Impact fees are a one-time capital charge required for new residential, non-residential and mixed-use development. Impact fees are provided in chapter 31 of this Code.

(2) Payment. All impact fees shall be payable to the city at the time the building permit is issued.

(Code 1980, app. A, art. VII, § 12; Ord. No. 2022-002, § 1, 2-2-2022)

All information submitted by the applicant pursuant to the requirements of this article shall represent what the applicant understands to be the most reliable, accurate and up-to-date information available. Any findings of intentionally submitted invalid or distorted information shall be grounds for denial of the total application.

(Code 1980, app. A, art. VII, § 14)

Every proposed major development within the city shall mitigate for the traffic and transportation impacts generated by such development within the city through the payment to the city of development impact fees in accordance with chapter 31.

(Ord. No. 2009-10, § 1, 8-5-2009; Ord. No. 2022-002, § 1, 2-2-2022)

Any person who claims a vested right in a zoning designation and regulation which is being repealed by the ordinance from which this section derives shall file a written request for a vested rights determination with the city manager, with a copy to the development services department, within 120 days of the effective date of this section [November 5, 2014].

The request shall be accompanied by a fee of $750.00 and contain: (i) a sworn detailed statement as to the basis upon which the vested right is asserted; (ii) all documentary evidence supporting the claim of reliance upon the prior zoning designation and regulation including, but not limited to, all contracts, letters of engagement, plans and financial proof of monetary expenditures to and for professionals as set forth in section 32-785 of the Code of Ordinances of the City of Hallandale Beach; (iii) primary contact information for owner and any authorized agent, to include physical mailing address, email, and daytime phone number.

Within 60 days of the receipt of a completed request, the city manager shall make a determination as to whether or not the person has demonstrated all of the following criteria:

(1) That prior to the effective date of this section, the property was zoned with a zoning classification which permitted up to the requested density/height; and

(2) The property owner has detrimentally relied on the prior zoning designation and regulation, in good faith, by making substantial expenditures for the future development of the property; and

(3) That it would be highly inequitable to deny the property owner the right to complete the development under the prior zoning designation and regulations.

A determination that a property owner is entitled to vested rights to develop under the prior zoning designation and regulations does not exempt the development from compliance with the standards set forth in chapter 32, zoning and land development, of the Code of Ordinances for the City of Hallandale Beach, which were in existence prior to the effective date of this section.

A denial of the request for vested rights by the city manager may be appealed to the city commission within 20 days of the date the property owner receives notice of said denial. To appeal the city manager's denial, the property owner shall file a notice of appeal with the city clerk, together with an appellate fee of $550.00. The city clerk shall notify the applicant in writing of the date and time of such hearing. The city commission shall hold a de novo hearing to consider whether the vested rights should have been granted. Appeals of decisions of the city commission may only be brought pursuant to applicable Florida Statutes.

If a determination is made that vested rights do exist, the property owner shall have six months from the date of the determination to submit application and obtain major development approval. The city manager, at his/her discretion and for good cause shown, may grant a six-month extension to obtain development plan approval. Pursuant to section 32-790, Code of Ordinances of Hallandale Beach, after approval of the major development, the property owner shall have 18 months to obtain a building permit. The city manager, at his/her discretion and for good cause shown, may grant a six-month extension to obtain a building permit.

This provision for requesting a vested rights determination shall expire 120 days after the effective date of this section.

For parcels greater than three acres refer to section 32-205(e)(1)c. of the Code of Ordinances.

(Ord. No. 2014-30, § 15, 11-5-2014)

Editor's note(s)—Ord. No. 2014-30, § 15, adopted and effective Nov. 5, 2014, did not specifically amend the Code; hence inclusion herein as § 32-795 was at the editor's discretion.

Residential unit density allocation. The city comprehensive plan and the county land use plan limit the total number of residential units, RAC units, and flexibility dwelling units that may be assigned to a parcel. The city commission has established the following density allocation procedures to ensure the equitable allocation of the remaining dwelling units in accordance with both plans.

1. These procedures must be followed for development applications that would exceed the base density. Individual subdistricts provide additional performance criteria that must also be met to qualify for density levels above the specified base density.
2. Allocation of maximum density units requires a development to provide affordable housing unit(s) as specified by the subdistrict or through the allocation of RAC units or other available programs which incorporate affordable housing above the base density. The allocation of additional density above the base density permitted by code shall offset the cost of providing the affordable housing units.
3. Residential RAC units up to the base density permitted in the subdistrict may be approved administratively by the development services director. Allocation of residential RAC units above the base shall require city commission approval. Allocation of any residential flexibility units also require city commission approval.
4. Time of allocation.
   1. Except as otherwise indicated in this section, residential units above the base density shall be allocated at the time of development plan approval by the city commission. Upon expiration of a development plan, as provided in section 32-790, the allocation of residential flexibility or RAC units shall terminate, and such units shall be made available for future development.
   2. Notwithstanding any other provision of the Code, the city commission may condition its approval of a project on future assignment of residential units if RAC units exceed the base density or are flex units. Exercise of this provision shall be incorporated in an approved development agreement, restrictive covenant or agreement, in a form acceptable to the city attorney, which will set out all terms and conditions for allocation of the residential units. Upon the city's approval of the development, the property owner will be deemed to have a legal entitlement to the future units, subject only to compliance with all terms and conditions of the agreement. The agreement will designate a future time for allocation of the units, which may be in the form of a date or an event.
   3. If future assignment is incorporated into an agreement, the commission shall not approve any proposed plat amendments that include units not yet allocated. Multiple plat amendments may be required for the various phases. If there are no units available at the time designated for allocation, owners shall be entitled to the first units that subsequently become available for allocation, in order of the date for the designated allocation. At all times, the city will make reasonable efforts to ensure it obtains sufficient units to fulfill the imminent allocation needs. However, all parties to such an agreement acknowledge that the future allocation of units may result in the unavailability of units at the designated time of allocation and may result in a delay.
5. The allocation of residential units shall be subject to all provisions of the zoning and land development code applicable at the time of development plan approval and subject to any special conditions imposed by the city commission on a development approval.
6. Proposed density shall not exceed the maximum density permitted by the city's comprehensive plan. Any residential development on sites utilizing residential flexibility units is subject to allocation by the city commission of residential flexibility units and execution of a restrictive covenant or agreement in a form acceptable to the city attorney as to the number and any restrictions on the residential units. It is further provided that the density of any such development shall be subject to availability and assignment of flexibility units by the city commission in accordance with the county flexibility rules contained in the administrative rules document of the county land use plan. The city commission shall not be required to allot flexibility units to permit the maximum density permitted by the city comprehensive plan.

(Ord. No. 2024-009, § 3, 4-10-2024)

1. Purpose and intent. The purpose of this article is to provide for a clear and efficient process for consideration of requests for amendments or minor revisions to development agreements adopted pursuant to the Florida Local Government Development Agreement Act.
2. Applicability. For development agreements currently in effect and adopted by the city pursuant to Florida Statutes, the procedures contained in this section apply to any request for an amendment or minor revision.
3. Procedure for amendment to a development agreement.
   1. Development services review and recommendation. The development services director shall review requests for modifications to development agreements. If it is determined that the request for modification is a minor revision, approval shall be pursuant to subsection (d) of this section. If it is determined the request for modification is not a minor revision, it is a development agreement amendment and shall be reviewed pursuant to the following process. The development services director shall provide a recommendation to the planning and zoning board to approve, approve with modifications or deny the development agreement amendment. The development services director shall make findings as to each proposed development agreement amendment and shall forward such findings to the planning and zoning board.
      
      The findings shall be based on the following criteria:
      1. Whether the development agreement amendment is consistent with the city's comprehensive plan, or as may be amended; and
      2. Whether the provisions of the development agreement amendment are in the best interests of the public health, safety, welfare, economic order and aesthetics of the region and the community; and
      3. Whether the development agreement amendment will adversely affect the orderly development of property in the area of the parcel of land subject to the development agreement amendment; and
      4. Any findings required to be made pursuant to Florida Statutes.
   2. Planning and zoning board public hearing and recommendation. Upon consideration of the recommendations of the development services director, the planning and zoning board shall hold a public hearing. Notification of the public hearing shall be published and mailed in accordance with Florida Statutes. Following the public hearing, and after review of the city administration recommendation and findings, the planning and zoning board shall make its written recommendation to the city commission and shall make a written finding certifying consistency with the items listed in subsections (1)a.—d. above.
   3. City commission public hearing and decision. Upon consideration of the recommendations of the planning and zoning board and the city administration, the city commission shall hold a public hearing. Notification of the public hearing shall be published and mailed in accordance with Florida Statutes. Following the public hearing the city commission shall approve, or approve with modifications, or deny the proposed development agreement amendment. This does not preclude an additional public hearing(s) as may be required by law or as may be deemed appropriate by the city.
4. Procedure for minor revisions to a development agreement.
   1. Review and approval by development services director.
      1. Minor revisions to a development agreement may be approved pursuant to the city's home rule powers under the Florida Constitution and F.S. ch. 166, after review and findings by the development services director. The findings shall be based on the following criteria:
         1. The revision is substantially consistent with the overall purposes and intent of the approved development agreement;
         2. The revision conforms to all other applicable city ordinances and regulations;
         3. The revision does not require a change in any other provision of the development agreement that would require review under subsection (c) of the section herein; and
         4. The revision is not inconsistent with the city's comprehensive plan.
      2. A revision is considered minor if it pertains to one or more of the following:
         1. Updates a development agreement to reflect an approved minor change to a major development plan pursuant to section 32-186(j)(2) of the City Code.
         2. Changes provisions regarding easements or utilities so that more effective service levels can be achieved.
         3. Corrects scriveners' errors.
         4. Changes provisions which are specifically provided for as minor in the approved development agreement.
         5. Changes time frames for development application review, cure periods, or other time frames as long as the modified schedule does not trigger any default dates that may exist within the agreement, and that the modified review time frames and all required improvements can be accomplished without an extension of the expiration date of the agreement.
         6. Changes resulting from revisions to any section or subsection numbers of amended Florida Statutes, Florida Administrative Code, or any other state or local law, so long as the substance of the state or local law has not changed.
         7. Changes resulting from modifications to a city-run program referenced in the development agreement, so long as the intent and public purpose of the local program has not changed.
         8. Extends the effective date of a current, unexpired development agreement if state law applicable to the development agreement requires such extension, so long as the developer follows the requirements of the law.
         9. When a development agreement requires a letter of credit or maintenance bond, the change allows other forms of security interest, so long as any surety is approved by the city manager; provided, however, that any stated amount or percentage of the security interest remains the same.
         10. Changes to the corporate name or address of developer when such changes have been accomplished through the state.
         11. Changes to the name of the subject property or project, unless the name of the subject property listed in the development agreement is the same as an already-platted subdivision.
         12. Changes to the notice provisions of a development agreement, including, but not limited to, modifying notice requirements for any notice of default issued by the city to developer related to the subject property or project, and/or providing notice to a lender or other financing entity of an opportunity to cure any such default.
   2. If the development services director determines, when applying the above criteria, that the revision is minor, the revision shall be prepared, executed, and recorded in the public records of Broward County, without necessity of any public hearings before the planning and zoning board or city commission. If the development services director determines that the revision is not minor, (s)he shall state reasons in writing to the applicant, and the amendment shall be reviewed in accordance with subsection (c) of the section herein. If a minor revision is submitted for review while an application for a development agreement amendment is pending on the same property, the development services director may require review of the minor revision to be in conjunction with the development agreement amendment approval process.
5. Periodic review of development agreements. Development services director shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement, in accordance with F.S. § 163.3235, or as may be amended. A written determination shall be made as to whether the developer has complied with the terms of the development agreement.

The development agreement may be revoked, modified, or canceled by the city at any time in accordance with Florida Statutes.

(Ord. No. 2018-023, § 2, 9-17-2018; Ord. No. 2024-024, § 2, 9-25-2024)