Hallandale Beach City Zoning Code

It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the city comprehensive plan, including meeting the concurrency requirements of the plan.

(Code 1980, § 4.00.01)

Subject to the special provisions of this section relating to concurrency, and excepting aspects of the development addressed by the comprehensive plan but not covered by this article, a development proposal shall be presumed to be consistent with the city comprehensive plan, with respect to concurrency, if the proposal is found to meet all the requirements of this article in accordance with F.S. § 163.3202(2).

(Code 1980, § 4.00.02)

Notwithstanding the presumption created in section 32-822, all development applications for development orders shall demonstrate that specified public facilities will be available at prescribed levels of service, concurrent with the impact of the development on those facilities. Determination of compliance with the concurrency requirement shall be through procedures described in section 32-855.

(Code 1980, § 4.00.03)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affected public facilities means wastewater, potable water, transportation (including traffic), drainage, solid waste, and recreation facilities.

Concurrency means a condition where specified facilities and services have, or will have, the necessary capacity to meet the adopted level of service standard at the time of authorizing occupancy of a building or development project or phase.

Constrained facility means a road segment which is not planned for a capacity improvement in the adopted 2010 Highway Network Plan.

Development order means the authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this article. For purposes of this article, major and minor development approval and final plat approval are development orders. (See section 32-852(b) for phased development requirement.)

Development permit means that official city document which authorizes the commencement of construction or land alteration without need for further application and approval. For the purposes of this article, a development permit is a building permit.

Planned improvement facility means a road segment for which a capacity improvement is planned in the adopted 2010 Highway Network Plan.

Vested right means a right which has so completely and definitely accrued to a person as the result of a lawful approval of a development order, prior to December 1, 1989, that it should be recognized as such by the city and protected.

(Code 1980, § 4.00.05)

Cross reference(s)—Definitions generally, § 1-2.

1. Generally. Except as specifically provided in this article, appeals from the decisions of the city manager, making determinations under this section, shall be taken to the city commission. The appeal shall be requested in writing within 20 calendar days of the rendition of the decision of the city manager. The written request for the appeal shall state fully the reasons for the appeal. The appellant shall be given written notice of the date, time and place of the city commission's considering of the appeal. A fee shall be paid to the city to process an appeal. Such fee is on file in the city clerk's office.
2. Hearing.
   1. Burden of proof. The appellant shall present all relevant information to the city commission. The appellant shall have the burden of affirmatively demonstrating that the decision of the city manager was in error. The city manager may present argument and information in opposition.
   2. Decision. The city commission shall base its decision on the requirements of this article and accepted engineering principles. It shall make its decision by an affirmative vote of the majority of the commission. A decision shall be rendered within 60 calendar days of the close of the hearing.
3. Judicial relief. Judicial relief shall be by filing a petition for writ of certiorari in the circuit court, within 30 calendar days of the date of rendition of the city commission decision.

(Code 1980, § 4.00.04)

The following method of ensuring concurrency shall be known as the concurrency management system (CMS). The CMS is based upon the city comprehensive plan, especially the capital improvements element and adopted level of service standards. The system is designed to ensure that the issuance of a development order will not result in a degradation of the adopted levels of service for specified public facilities and services. The CMS also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

(Code 1980, § 4.01.01)

1. General rule. All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the city.
2. Exception. Notwithstanding the provisions of subsection (a) of this section, the prescribed levels of service may be degraded during the actual construction of new facilities if prior to occupancy of the new facilities or any portion or phase, the prescribed levels of service will be met. For phased developments, the maximum period of time for degraded level of service shall be two years unless extended by the city commission.

(Code 1980, § 4.01.02)

1. Method. For purposes of this article, the available capacity of a facility shall be determined by:
   1. Adding together:
      1. The total capacity of existing facilities operating at the required level of service; and
      2. The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:
         1. Construction of the new facilities is under way at the time of issuance of the final development order.
         2. The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order.
         3. The new facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include but is not limited to development agreements pursuant to F.S. § 163.3220 et seq., or an agreement or development order pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the city comprehensive plan.
   2. Subtracting from that number the sum of:
      1. The demand for the service or facility created by existing development as documented in the city comprehensive plan; and
      2. The demand for the service or facility created by the anticipated completion of other approved developments, redevelopment, or other development activity.
2. Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted levels of service:
   1. The project owner or developer may provide the necessary improvements to maintain level of service. In such case, the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction consistent with calculations of capacity. All improvements necessary to achieve or maintain adopted levels of service shall be in place prior to issuance of a certificate of occupancy for the completed development or phase.
   2. The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(Code 1980, § 4.01.03)

1. The burden of showing compliance with levels of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards, as determined by the city. A concurrency evaluation application will be provided to the developer for completion. The application and associated forms will set forth the quantity and quality of written and graphic information necessary to show compliance with level of service requirements and shall at a minimum require:
   1. Name, address and telephone number of the property owner (signature of the owner must be notarized).
   2. Name, address and telephone number of the applicant if other than the property owner.
   3. Proof of ownership 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.
      5. A marketable title subject to a certain condition which will not substantially restrict development within a reasonable time.
      6. An executed copy of the warranty deed.
   4. A certified plat of survey, prepared within one year from date of application, which includes:
      1. An accurate legal description of the subject property;
      2. A computation of the total area of property in square feet and to the nearest tenth of an acre; and
      3. Zoning of the property.
   5. Description of proposed project, to include:
      1. Specific use or uses proposed or proposed for expansion.
      2. blank
         1. For nonresidential uses, square footage of overall proposal and detailed breakdown of square footage for each individual use in a multiuse project.
         2. For residential uses, number of dwelling units.
   6. County trips analysis paid for by the applicant, unless the development proposal is specifically exempted by this article, or if applicable, a traffic study as required by section 32-884. (Traffic studies required under this section shall be prepared by appropriate consultants retained by the city at the developer's expense.)
   7. On-site stormwater management plan prepared by a qualified professional engineer unless specifically exempted by section 32-855(b)(3).
   8. A detailed waste management plan which describes the method of collection and disposal.
2. The concurrency evaluation shall be reviewed by the city manager and/or appropriate consultants retained by the city at the developer's expense for compliance with this article. Based on the review, a written finding of compliance or noncompliance shall be issued by the city manager. A finding of compliance shall expire and may be extended in the same manner as a development order, as described in section 32-855.
3. Fees for concurrency evaluation are required. Such fees are on file in the city clerk's office.

(Code 1980, § 4.01.04)

1. Generally. Determination of concurrency occurs during major or minor development review prior to the approval of a development order, in accordance with the level of service standards adopted by the city. If the developer increases the intensity or density of a development proposal during any stage in the development approval process, a new concurrency evaluation will be required. If no building permit is issued, the development order shall expire one year after the date of approval. A six-month extension may be granted by the city manager based on a written request which includes the reasons for the extension request. The request must be received within 20 days of the development order expiration date.
2. Exceptions.
   1. Development for which a plat has been approved by the county commission subsequent to March 20, 1979, shall not be required to substantiate maintenance of the adopted level of service standard for roads with respect to state- and county-maintained roads only. Substantiation of maintenance of the adopted level of service standard for roads with respect to locally maintained roads is required for all developments unless specifically exempted in this subsection.
   2. Individual single-family and duplex developments that access local roads will not be required to substantiate maintenance of the adopted level of service standard for roads.
   3. Residential developments having ten or less parking spaces and where not more than 20 percent of the swale area adjacent to the public right-of-way is paved with any type of impervious material shall not be required to substantiate maintenance of the adopted level of service standard for drainage.
   4. Developments for which a development order has been approved by the city prior to December 1, 1989, have a vested right to develop their property as approved and are therefore exempt from the provisions of this article. However, in the event of an amendment to an approved development order, after December 1, 1989, the requirements of this article shall apply to the extent that the development, as amended, creates greater impacts upon the specified public facilities than the development as previously approved. In addition, if the development order expires as described in subsection (a) of this section, the development's vested right shall be void.
   5. Notwithstanding other provisions of this article, applications for development orders that will not have an impact on the affected public facilities, as determined by the city, are exempt from concurrency requirements.

(Code 1980, § 4.01.05)

1. Contents. The city shall prepare an annual report on the concurrency management system that includes:
   1. blank
      1. A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.
      2. A summary of actual demolition activity indicating the quantity of removed development by type and square footage.
   2. A summary of building permit activity, indicating:
      1. Those that expired without commencing construction;
      2. Those that are active at the time of the report;
      3. The quantity of development represented by the outstanding building permits;
      4. Those that result from development orders issued prior to January 2, 1990; and
      5. Those that result from development orders issued subsequent to January 2, 1990.
   3. A summary of development orders issued, indicating:
      1. Those that expired without subsequent building permits;
      2. Those that were completed during the reporting period;
      3. Those that are valid at the time of the report but do not have associated building permits or construction activity; and
      4. The phases and quantity of development represented by the outstanding development orders.
   4. An evaluation of each facility and service indicating:
      1. The capacity available for each at the beginning of the reporting period and the end of the reporting period.
      2. The portion of the available capacity held for valid development orders.
      3. A comparison of the actual capacity to calculated capacity resulting from approved development orders.
      4. A comparison of actual capacity and levels of service to adopted levels of service from the city comprehensive plan.
      5. A forecast of the capacity for each based upon the most recently updated schedule of capital improvements in the city capital improvements element.
2. Use of annual report. The CMS annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following completion of the annual report. The annual report shall be completed in a timely manner, following the 12th month subsequent to the effective date of this article, and each successive 12-month period thereafter. The annual report will be kept on file in the growth management department.

(Code 1980, § 4.01.06)

Level of service standards adopted in this article are provided to implement the per capita level of service standards adopted in the city comprehensive plan. Generalized categories of land use and corresponding average values for facility demand are provided to allot available facility capacity to a particular development proposal. This process is intended to provide a measure with which to determine the impacts of a proposed development on the affected public facilities. Available capacities for potable water and wastewater facilities will be adjusted on an annual basis by the city based on actual usage figures from facility providers. For purposes of determining available capacity for wastewater treatment and potable water supply, the adequacy of sewer and water transmission lines shall be considered in addition to plant capacity.

(Code 1980, § 4.02.00)

1. The current potable water system available capacity is 8.5 mgd; the current use is 5.92 mgd; and the current available capacity, as of December 1, 1989, is 2.58 mgd.
2. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the city comprehensive plan:
   

   Facility Type	Level of Service Standard
   (1) Residential:
   a. Gpd per single-family unit	350
   b. Gpd per multi-family unit	200
   (2) Commercial/office, gpd per s.f. of gross floor area (GFA)	0.15
   (3) Light industrial/warehouse, gpd per s.f. of GFA	0.1
   (4) Other, gpd per s.f. of GFA	0.20

3. All new development shall connect to the public water supply in accordance with city engineering specifications and requirements.

(Code 1980, § 4.02.01)

1. The current wastewater system available capacity is 8.0 mgd; the current use is 5.47 mgd; and the current available capacity, as of December 1, 1989, is 2.53 mgd.
2. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater as established in the city comprehensive plan:
   

   Facility Type	Level of Service Standard
   (1) Residential:
   a. Gpd per single-family unit	315
   b. Gpd per multi-family unit	180
   (2) Commercial/office, gpd per s.f. of gross floor area (GFA)	0.135
   (3) Light industrial/warehouse, gpd per s.f. of GFA	0.09
   (4) Other, gpd per s.f. of GFA	0.18

3. All new development shall connect to the public wastewater service in accordance with city engineering specifications and requirements.

(Code 1980, § 4.02.02)

1. Level of service (LOS). Development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service (LOS) for transportation systems as established in the city comprehensive plan:
   1. The minimum peak hour level of service standard for all transportation facilities is D.
   2. Road segments currently operating at LOS A, B or C may degrade to LOS D. Road segments operating at LOS D will not be permitted to degrade to LOS E or F, except during construction of new facilities as provided for in this section or as follows:
      1. For the purpose of issuing development orders, the LOS for road segments operating below level of service D in the TRIPS model, as identified in the county administrative code, that are constrained facilities is "110% Maintain."
      2. For the purpose of issuing development orders, the LOS for road segments operating below level of service D in the TRIPS model, as identified in the county administrative code, that are planned improvement facilities is "110% Maintain" and requires a finding by the city manager and/or a traffic consultant retained by the city at the developer's expense, that approval of the development would not prevent the planned improvement from achieving level of service D.
      3. For the purpose of issuing development orders or permits, the LOS for all road segments included within a special transportation area shall be consistent with the LOS established by the plan amendment designating the special transportation area. (Requires city comprehensive plan amendment.)
2. Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows:
   1. The area of impact of the development (a traffic shed) shall be determined by the city or traffic consultant retained by the city at the developer's expense. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs.
   2. The projected level of service for roads within the traffic shed shall be calculated based upon estimated trips to be generated by the project using the county TRIPS model as a basis. If the county TRIPS model is unable to generate level of service figures for a particular road segment within the traffic shed, for any reason, the city manager may require submission of a traffic study prepared by a traffic consultant retained by the city at the developer's expense.
   3. The projected and adopted level of service shall be compared to determine whether the proposed project will degrade the adopted level of service.
   4. All necessary rights-of-way shall be reserved by dedication, or easement if acceptable to the city, prior to approval of the final development order.
   5. All roadway improvements shall be constructed in compliance with city engineering specifications and requirements.

(Code 1980, § 4.02.03)

Development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for the drainage system as established in the city comprehensive plan. For all development, five-year; one-hour storm event (the site must have the capacity to retain on the site the stormwater generated by a five-year severity one-hour storm event (3.3 inches of water in one hour) by means of collection and groundwater recharge).

(Code 1980, § 4.02.04)

1. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the solid waste as established in the city comprehensive plan. Since the city utilizes waste disposal facilities provided by others and therefore capacity cannot be reserved for particular developments, a determination of available capacity will be issued to the developer by the city manager.

   Facility Type	Level of Service Standard
   (1) Residential, lbs. per unit per day	8.9
   (2) Commercial/office, lbs. per 100 sq. ft. of gross floor area (GFA) per day	5
   (3) Light industrial/warehouse, lbs. per 100 sq. ft. of GFA per day	2
   (4) Other, lbs. per 100 sq. ft. of GFA per day	8

2. A detailed waste management plan must be provided which describes the means of collection and disposal.

(Code 1980, § 4.02.05)

1. The 1989 population estimate was 38,358; the current acreage is 166.7; the current committed acreage is 115; and the available excess acreage, as of December 1, 1989, is 51.
2. Residential development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for the recreational facilities as established in the city comprehensive plan:
   All park facilities level of service, per 1,000 population3 acres

(Code 1980, § 4.02.06)

1. 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.
2. Public school concurrency. Pursuant to the Public School Facilities Element (PSFE) of the City of Hallandale Beach Comprehensive Plan, the Third Amended and Restated Interlocal Agreement (ILA), the city, in collaboration with the county school board, shall ensure public school facilities will be available for current and future students, consistent with available financial resources and adopted level of service standards, and such facilities will be available concurrent with the impact of proposed residential development.
   1. Applications subject to a public school concurrency determination. The city shall not approve an application for a residential plat, replat, plat note amendment, findings of adequacy, or any unincorporated area site plan (application) that generates one or more students or is not exempt or vested from the requirements of public school concurrency, until the school board has reported that the school concurrency requirement has been satisfied.
   2. Exemptions and vested development.
      1. The following residential applications shall be exempt from the requirements of public school concurrency:
         1. An application which generates less than one student at each level in the relevant concurrency service area. Such development shall be subject to the payment of school impact fees.
         2. An application for age-restricted communities with no permanent residents under the age of 18. Exemption for an age-restricted community shall only be available subject to a recorded restrictive covenant prohibiting the residence of school-aged children in a manner consistent with federal, state, or local laws or regulations.
         3. A development of regional impact (DRI) with a development order issued before the effective date of Senate Bill 360 or an application submitted before May 1, 2005.
         4. As may otherwise be exempted by Florida Statutes, including but not limited to applications within municipalities which meet specific qualifying criteria outlined in the applicable statute and approved by the school board.
      2. The following residential applications shall be vested from the requirements of public school concurrency:
         1. Any application located within a previously-approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:
            1. The mitigation to address the impact of the new students anticipated from the development has been accepted by the school board consistent with School Board Policy 1161, entitled "Growth Management," as may be amended from time to time; and
            2. A declaration of restrictive covenants executed and recorded by the developer or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement consistent with School Board Policy 1161, as may be amended from time to time; and
            3. The applicant shall provide a letter from the school board or other evidence acceptable to the city verifying [subsections] a. and b. above. Other evidence may include documentation as specified in the tri-party agreement.
         2. Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. This includes any unexpired application approved by the city between February 2, 1979, and the effective date of the PSFE and this section. In the transmittal of an application to the school board, the city shall include written information indicating that the units in the application are vested.
      3. To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the application which shall include written evidence sufficient to verify that the subject development meets the exemptions states herein and, as such, is exempt from the requirements of public school concurrency.
   3. Level of service standards. In order to ensure that the capacity of schools is sufficient to support student growth and that a uniform, districtwide LOS is applied for public schools of the same type, the following school types and LOS are established:
      1. School type A is a bounded elementary, middle or high school that has the equivalent of at least ten percent of its permanent Florida Inventory of School Houses (FISH) capacity available onsite in relocatable classrooms (relocatables). The level of service (LOS) for school type A shall be 100 percent gross capacity (including relocatables).
      2. School type B is a bounded elementary, middle or high school that has less than the equivalent of ten percent of its permanent FISH capacity available onsite in relocatables. The LOS for school type B shall be 110 percent permanent FISH capacity.
         
         The LOS for schools containing magnet programs shall be considered the same as for each pertinent school level (elementary, middle, and high). The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective five-year adopted District Educational Facilities Plan (DEFP).
   4. Concurrency service area (CSA). The areas for implementation of public school concurrency in the city shall be known as concurrency service areas (CSAs), which shall be the approved school boundaries for elementary, middle and high schools, as annually adopted by the school board. For the purpose of public school concurrency, such CSAs shall be effective on the first day of the school year, and end on the last day before the beginning of the next school year.
   5. Student generation rates. The effective adopted student generation rate(s) contained herein shall be utilized to determine the potential student impact anticipated from the residential development proposed in submitted applications.
   6. Review procedure.
      1. Public school impact application (PSIA). Any applicant submitting an application with a residential component that is not exempt or vested is subject to school concurrency and shall be required to submit a public school impact application (PSIA) for review by the school board. Evidence of acceptance of the PSIA and payment of the applicable PSIA fee to the school board shall be required prior to acceptance of the application by the city.
      2. School capacity availability determination (SCAD) letter.
         1. No residential application or amendments thereto shall be approved by the city, unless the residential development is exempt or vested from the requirements of public school concurrency, until a SCAD letter has been received from the school board confirming that capacity is available; or, if capacity is not available, the proportionate share mitigation has been accepted by the school board. The SCAD letter shall be sent to the applicant, the Broward County Development Management Division, and the city with jurisdiction over the subject development, no later than 45 days after acceptance of the PSIA by the school board.
         2. The school board shall determine the potential student impact from proposed residential development on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.
         3. If the school board determines that sufficient capacity is available at the adopted LOS to accommodate students anticipated from the development, the school board shall issue a SCAD letter indicating that adequate school facilities exist to accommodate the student impact and the proposed development satisfies public school concurrency requirements.
         4. If the school board determines that sufficient permanent capacity is not available at the adopted LOS to accommodate students anticipated from the development, the SCAD letter shall state that the development has not satisfied public school concurrency requirements and the basis for such determination. The applicant shall have 30 days to propose proportionate share mitigation to the school board.
         5. If the applicant proposes proportionate share mitigation within the 30-day deadline, upon the subsequent acceptance of the proposed mitigation by the school board, and upon the execution of a legally-binding document among the school board, the city, and the applicant, an amended SCAD letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed development and that the proposed development satisfies public school requirements. The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units, as calculated based upon the adopted school impact fee schedule contained herein. The school impact fee due for the development shall be considered included in the total proportionate share mitigation amount due or paid. If the proportionate share mitigation is not accepted by the school board, the amended SCAD letter shall state the basis upon which the mitigation proposal(s) was rejected and why the development is not in compliance with public school concurrency requirements.
         6. An applicant adversely impacted by a SCAD determination may appeal such determination by written request to the school board within the designated 30-day time period. A timely request for an appeal shall stay the requirement for an applicant to propose proportionate share mitigation until the appeal has been resolved.
         7. If an applicant or approval expires, the SCAD letter will no longer be valid.
   7. Expiration of concurrency/vesting.
      1. The public school concurrency approval for a residential application shall expire if development does not commence, as outlined in [subsection] b. below, within five years following the date of city commission approval.
      2. If a residential application received approval, the development and anticipated students shall be considered vested for up to five years beginning from the date the developer received approval from the city. Vesting of a residential application beyond five years requires that one of the following conditions is met within the five-year period: (1) the issuance of a building permit for a principal building and first inspection approval; or (2) substantial completion of project water lines, sewer lines, and the rock base for internal roads. If the development was denied, the school board shall deduct students associated with the development from its database.

(Ord. No. 2008-08, § 1, 5-7-2008; Ord. No. 2023-027, § 1, 12-6-2023)

Editor's note(s)—The subsections of § 32-888 have been renumbered for purposes of classification, at the editor's discretion, as set out herein.