Hallandale Beach City Zoning Code

No approval shall be given for a proposed development containing features in conflict with any current city ordinance or regulation. Any such conflict must be resolved by following the procedures set forth for variances from regulatory controls or any other procedures established by the city commission for the granting of variances, and no development permit shall be issued until all necessary variances are so obtained.

(Code 1980, app. A, art. VII, § 13)

In review of applications for land use amendments, rezonings, conditional uses and variances, the standards of this article shall be observed by the city commission, planning and zoning board and director in making any decisions or recommendations.

(Code 1980, app. A, art. VI, § 1(intro. ¶))

Decisions or recommendations relating to any change to the official zoning map or the land use element of the comprehensive plan shall address but is not limited to the effect of the proposed amendment as it relates to the following:

1. The relationship of the proposed amendment to the purposes and objectives of the city's comprehensive land use plan, when adopted, with appropriate consideration as to whether or not the proposed changes will further the purpose of this chapter and other codes, regulations and actions designed to implement the plan.
2. The proposed change would or would not be contrary to the established land use pattern.
3. The proposed change would or would not create an isolated district unrelated to adjacent and nearby districts.
4. The proposed change would or would not alter the population density pattern and thereby have an adverse impact upon public facilities such as schools, utilities and streets.
5. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
6. Changed or changing conditions make the passage of the proposed amendment necessary.
7. Substantial reasons exist why the property cannot be used in accordance with the adopted land use plan and/or the existing zoning.
8. Whether or not the change is out of scale with the needs of the neighborhood.

(Code 1980, app. A, art. VI, § 1.01)

Applications for conditional uses shall be reviewed with consideration given to the following:

1. That the use is compatible with the existing natural environment and other properties within the neighborhood.
2. That the use will create no substantial detrimental effects on property values in the neighborhood.
3. That there are adequate public facilities such as schools, roads, parks and utilities within the service areas involved.
4. That there will be adequate provisions for the traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.
5. That there will be adequate drainage systems to service the use with particular attention to the necessity for on-site retention systems to alleviate drainage and pollution problems.
6. That there are adequate setbacks, buffering and general amenities in order to control any adverse effects of noise, light, dust and other nuisances.
7. That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion of the use.
8. Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent and general welfare, including, but not limited to:
   1. Limitations on the hours of business operations.
   2. Limitations on the number of occupants of any building at any one time.

(Code 1980, app. A, art. VI, § 1.02)

1. A variance to the terms of this chapter that will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship may be granted by the city commission in compliance with the requirements of this chapter, unless the request is for a variance not exceeding 25 percent of the applicable dimensional requirement of this chapter or 20 percent for sign code requirements and the request complies with subsections (b)(2) and (5) of this section. In that event, the variance is administrative in nature and the procedure of subsection (h) of this section applies.
   
   The planning and zoning board is authorized to render final approval on variances that are not administrative and are minor developments as defined in section 32-782(a)(1) of this chapter. The variance application must comply with subsection (b) and subsection (h)(2) in order to be considered by the planning and zoning board. Upon a negative finding by the board, the applicant may withdraw the application or elect to appeal the board's decision by filing a notice of appeal to the city commission.
2. In order to authorize any variances to the terms of this chapter, it must be found that:
   1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not generally applicable to other lands, structures or building in the same zoning district.
   2. The special conditions and circumstances do not result from the actions of the applicant.
   3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same district.
   4. Literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by the properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardships on the applicant.
   5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
   6. The grant of the variance will be in harmony with the general intent and purpose of this chapter.
   7. Such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
3. Appropriate conditions and safeguards, in conformity with this chapter, may be prescribed as a condition of the granting of the variance and violation of such conditions shall be deemed a violation of this chapter.
4. Under no circumstances shall a variance be granted for a use which is first permitted in a less restrictive district. No nonconforming use of neighboring land, structures or buildings in the same zoning district and no permitted use of lands, structures or building in other zoning districts shall be considered grounds for the authorization of a variance.
5. A variance granted under the provisions of this chapter shall automatically expire under the following conditions:
   1. If a permit has not been issued by the building official within six months form the date of granting of the variance (or date of any final court order granting or modifying the variance), in accordance with the specific plans for which that variance was granted.
   2. If a permit is issued within the required time period, if work has not been completed and certificate of occupancy has not been issued under that permit.
   3. If a permit issued within the required time period shall expire or be revoked pursuant to the Florida Building Code, and if the time period for originally obtaining a permit has expired, the variance shall automatically expire.
6. Extensions to expiring variances may be made by the city commission for a single one-year period, or portion of a year, upon receipt of written request from the applicant not less than 45 days before the expiration of the approved variance, stating the reasons for the extension request.
7. Applications for variances will not be considered with respect to the following:
   1. Buildings and structures for which application has been made, either formal or informal and been denied by the city, but the building or structure is later constructed.
   2. Where plans have been submitted and approved and permits issued and the building or improvement not built according to plan.
   3. Where plans have been submitted and approved and permits issued but additional work not shown on the approved plans has been done.
      Fees shall be charged for applications for variances where buildings or structures were constructed without permits. Such fees are on file in the city clerk's office.
      All applications for variance under this article shall specify the name of the contractor who performed the work and the value of the work performed.
      With respect to applications involving property or uses within residential districts (RS, RD and RM districts) the fees shall cover all variances requested. Applications involving property or uses in other use districts shall pay an additional fee of half the applicable amount for each additional variance requested.
8. Administrative variances may be granted by the director of development services under the provisions of this section if:
   1. The application complies with the application requirements in section 32-966(c), and does not exceed 25 percent of the applicable dimensional requirement or 20 percent for sign under this chapter.
   2. The application is for variance of minimum lot area, minimum lot width, minimum yard setbacks, maximum height, minimum landscaping requirements, off street parking and loading, and signage.
   3. The development services director shall consider subsections (b)(2) and (5) of this section; development patterns of the area; particulars of the application; and good planning practice in granting or denying the variance.
   4. Upon a positive finding of the application by the development services director, all property owners within 150 feet of the property will receive a courtesy notice by first class mail stating the following:
      1. Type and nature of administrative variance being considered;
      2. The place and time the application may be reviewed; and
      3. Notification that any protest by a noticed property owner will be required in writing within ten working days from the date of the courtesy notice.
   5. Upon a negative finding by the development services director, or a written protest from a property owner as identified in subsection (h)(4) of this section, the applicant may withdraw or elect to submit the variance request to the city commission.
   6. No additional variance fees will be required if the applicant elects to proceed in accordance with subsection (h)(5) of this section.

(Code 1980, app. A, art. VI, § 1.03; Ord. No. 2004-13, § 2, 6-1-2004; Ord. No. 2006-07, § 1, 3-7-2006; Ord. No. 2014-01, § 1, 1-22-2014)

1. Land use plan amendments, rezonings and text changes. Applications for a change in the land use plan or zoning district boundaries shall include the following information:
   1. Address, location and legal description of the subject property.
   2. Existing and proposed land use plan designation or zoning of the property.
   3. A statement of the applicant's interest in the property to be rezoned, including a certificate of duly licensed title or abstract company, or a licensed attorney showing that the applicant is the present title holder of record. (Warranty deeds, title insurance documents, tax receipts, and the like shall not be acceptable proof of ownership.)
      1. If joint and several ownership, a written consent to the petition, by the owners of record.
      2. If a contract purchase, statement of all parties to the contract and written consent of the seller/owner.
      3. If an authorized agent, a copy of the agency agreement or written consent of the owner.
      4. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that the representative has been delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is, in fact, an officer of the corporation.
      5. If city-initiated, the application may be signed by the director and shall be exempt from the requirements of subsections (a)(3), (4) and (5) of this section.
      6. With respect to rezonings, the city commission or the property owner may be the petitioner. With respect to land use plan amendments, the property owner, the local planning agency or the city commissioner may be the petitioner. With respect to text changes, the planning director or the city commissioner may be the petitioner.
   4. A certified plat of survey, prepared within one year from the date of application, which shall include:
      1. An accurate legal description of the subject property; and
      2. A computation of the total area of the property in square feet and to the nearest tenth of an acre.
   5. A statement of the reasons or justification for the requested land use plan amendment or rezoning, and how the request adheres to the review standards set forth in section 32-963.
2. Conditional uses. Applications for a conditional use shall include the following information:
   1. Address, location and legal description of the subject property.
   2. Existing zoning of the property.
   3. A certified plat of survey prepared within one year from date of application, which shall include:
      1. An accurate legal description of the subject property; and
      2. A computation of the total area of the property in square feet and to the nearest tenth of an acre.
   4. A statement as to why the requested conditional use will not create any adverse effects upon surrounding properties, and how it adheres to the review standards set forth in section 32-964.
3. Variance. Applications for a variance shall include the following information:
   1. Address, location and legal description of the subject property.
   2. Existing zoning of property.
   3. A statement as to the reasons for the requested variance.
   4. A certified plat of survey, prepared within one year from date of application, which shall include:
      1. An accurate legal description of the subject property; and
      2. A computation of the total area of the property in square feet and to the nearest tenth of an acre.
   5. A statement as to how the requested variance adheres to the review standards set forth in section 32-965.
   6. A statement of the applicants' interest in the subject property. If the applicant is not the owner of record, the written consent of the owner shall be required.
4. Development review. In addition to the applicable requirements of this article, all applications for development permits shall also adhere to the procedures and standards set forth in section 32-781 et seq. of this chapter.
5. Denials and withdrawals.
   1. Upon the denial of an application for either a land use amendment, rezoning, conditional use or variance, a period of six months must run prior to the filing of a subsequent application relating to the subject property. Such limitation shall not apply to applications filed by the director or to applications which are more restrictive than the original application. However, applications may be denied without prejudice; and in such event, there shall be no prohibition of the filing of a subsequent application.
   2. An application may be withdrawn without prejudice by the applicant as a matter of right provided the request for withdrawal is in writing and filed with the director prior to a formal final decision. The applicant shall not be entitled to the return of any application fee.
6. Special provisions (land use plan amendment). Before final city adoption of land use plan amendments, there must be either recertification of the city plan by the county planning council and/or an amendment to the county land use plan which requires approval by the county board of commissioners.
7. Authority to withhold permits; zoning in progress.
   1. When a change in zoning district boundaries, land use regulations, a land use plan amendment or an amendment to this chapter is being considered by the city, no permit or license of any kind shall issue and no change of occupancy shall occur if such permit, license or occupancy would result in the nonconforming or unlawful use of the subject property should the proposed change be adopted.
   2. The restriction on such issuance or change of occupancy shall begin on the earlier of the date of:
      1. Notification to affected property owners of the proposed change;
      2. The first publication of notice of a public hearing of the proposed change; or
      3. The first action by the city commission to initiate the proposed change; and shall continue for six months; provided that such six-month period may be extended for an additional period of not more than six months by resolution of the city commission if additional time is required for study and deliberation due to the scope of the changes or arising out of procedural problems.
   3. If an affected property owner requests and is granted any extension of time, such extension shall not be included in computing the time periods specified in subsection (g)(2) of this section.

(Code 1980, app. A, art. VI, § 2)

Editor's note(s)—Ord. No. 2012-05, § 1, adopted May 2, 2012, repealed § 32-967, which pertained to notices and derived from Code 1980, app. A, art. VI, § 3.

1. All applications shall be accompanied by an official filing fee, which shall be used to defray expenses for administration, notices and advertisements.
2. The fees shall apply to all applications for land use plan amendments, rezonings, conditional uses and variances. Filing fees for development review approval are established by resolution and on file.

3. After-the-fact applications. The penalty for an after-the-fact application shall be an amount equal to two times the filing fee.

4. Fee Reduction. Where the requirement to file an application arises directly from an error, omission, or other action of the City, the Director may request a reduction of the filing fee to the City Manager. The City Manager shall have the final authority to approve, modify, or deny the request. Such a request shall:

   1. Be made in writing to the City Manager with a description of the circumstances leading to the application;

   2. Recommend the amount of reduction, up to one hundred percent (100%) of the City filing fee.

This provision applies only to City filing fees and shall not apply to any outside costs incurred by the applicant, including but not limited to legal, professional, or advertising.

(Code 1980, app. A, art. VI, § 4; Ord. No. 2025-35, § 2, 12-17-2025)

1. In order to address possible unintended violations of federal and state laws, subsequent to implementation of this chapter in advance of costly litigation, zoning relief may be granted pursuant to this section.
   1. Application. A person or entity shall request relief under this section prior to filing a lawsuit, by completing a zoning relief request form, which is available from the city's development services department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested. Nevertheless, it is incumbent upon the applicant to supplement the form by identifying specific provisions of federal and/or state law permitting the applicant to operate despite this chapter.
   2. Hearing and notice. Subject to subsection (4), the public hearing shall be held no later than 90 days from the time that the application is complete, unless extensions are mutually agreed upon. A notice of hearing advising the public of the location, date and time of the public hearing on the request for zoning relief shall be provided by mail to property owners within 300 feet, if the request for relief is site specific, in accordance with the courtesy notice requirements of section 32-1004(c) of the Code.
   3. Hearing and determination. The city commission shall have the authority to consider and act on requests for zoning relief submitted to the development services department. During the public hearing, the city commission shall solicit comment and information from the public and shall decide whether to grant the requested relief, and the minutes recording the decision shall specifically be prepared for this hearing, no later than 30 days after the conclusion of the public hearing. The determination may:
      1. Grant the relief requested;
      2. Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request; or
      3. Deny the request.
         
         The minutes shall be sent to the applicant by certified mail, return receipt requested once approved or denied by the city commission.
   4. Additional information. Prior to the public hearing, the city may request additional information from the applicant, specifying in sufficient detail what information is required. In the event a request for additional information is made by the city, the 90-day period to schedule a hearing may be extended for another 30 days to include the time necessary to seek and review the additional information by the applicant. The applicant shall have 15 days after the date the information is requested to provide the needed information. If the applicant fails to timely respond with the requested additional information, the city shall provide notice to the applicant that the claim has been rejected due to insufficient information, and the applicant shall be required to re-apply for zoning relief.
   5. Criteria. In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:
      1. The applicant's claim that it is protected under a federal or state law; and
      2. The applicant believes in good faith that the city through implementation of its Zoning and Land Development Code has intentionally or unintentionally violated federal or state law for the reasons stated in the zoning relief request; and
      3. The applicant satisfies the standard set forth in the applicable federal or state statute(s), and legal precedent interpreting the applicable statute(s).
   6. Exhaustion required. Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the city or the applicant. Completion of the zoning relief procedures shall evidence the exhaustion of all administrative remedies available from the city.
   7. Effect while pending. While an application for zoning relief or appeal of a determination of same is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant, except that the city may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(Ord. No. 2010-08, § 3, 6-2-2010)

1. Authority. A waiver to the provisions of this chapter may be granted provided that such waiver will not be contrary to the public interest, and where literal enforcement would create practical difficulties or hinder innovative design solutions. A waiver request may be granted by the city commission, planning and zoning board, or director, depending on the level of review required by the associated development application, and as otherwise in compliance with this section.
   1. The waiver procedures in the section apply to requests for waivers of development standards where no other specific waiver process is provided in this chapter.
   2. Where this chapter establishes specific waiver, modification, or alternative compliance procedures for a particular standard, that procedure shall govern, and any conflicting provisions of this section shall not apply.
2. Levels of review. Waivers may be considered at three (3) levels consistent with the underlying development application submitted by the applicant:
   1. Administrative review. The sustainable development director may grant waivers in conjunction with minor development applications that do not otherwise require board or commission approval, and for all single-family residential developments.
   2. Board review. The planning and zoning board may grant waivers in conjunction with minor development applications that otherwise require board approval.
   3. Commission review. The city commission may grant waivers in conjunction with major development applications or any applications that otherwise require commission review and approval.
3. Application. An application for a waiver shall be filed with the director on forms provided by the city and include:
   1. Identification of the specific provision(s) of the Code from which relief is sought;
   2. A narrative explaining the circumstances that justify the waiver, including how strict enforcement would create practical difficulties or hinder innovative design, as applicable;
   3. Supporting plans or documents as necessary to evaluate the request;
   4. Disclosure of all parties in interest, signed and notarized by the applicant and property owner. If the applicant is not the property owner, the written consent of the owner shall be required; and
   5. Payment of applicable fees.
4. Review procedures and escalation.
   1. Administrative review.
      1. The director shall review the request for compliance with subsection (e) (Approval Criteria).
      2. Once the application is deemed to be complete, all property owners within 150 feet of the property will receive a courtesy notice of the request by first-class mail that sets forth the following:
         1. Type and nature of administrative waiver being considered;
         2. The place and time that the application may be reviewed; and
         3. Notification that any protest by a noticed property owner will be required in writing within ten (10) working days from the date of the courtesy notice.
      3. The director may approve, approve with conditions, or deny the waiver.
      4. If the director denies the waiver or determines it warrants higher-level review, the applicant may either withdraw the application or escalate the waiver request to the planning and zoning board for consideration.
         1. If the applicant decides to escalate the application, such a decision must be made in writing within ten (10) days of the director’s formal decision.
         2. The applicant shall not be responsible for any additional application fees, except for the cost of advertising the application for the board hearing.
         3. If the applicant fails to either withdraw or escalate the application within the required time period, the waiver request shall be deemed denied with finality and closed by the City
   2. Planning and Zoning Board review.
      1. The board shall review waiver requests associated with minor developments requiring board approval, or those escalated from the director.
      2. The board may approve, approve with conditions, or deny the waiver.
      3. If the board denies the waiver, the applicant may escalate the application to the city commission for its consideration.
         1. If the applicant decides to escalate the application, such a decision must be made in writing within ten (10) days of the Planning and Zoning Board hearing.
         2. The applicant shall not be responsible for any additional application fees, except for the cost of advertising the application for the commission hearing.
         3. If the applicant fails to escalate the application within the required time period, the waiver request shall be deemed denied with finality and closed by the City
   3. City Commission review.
      1. The commission shall review waiver requests associated with major development applications, those applications requiring commission approval, and any appeals from the planning and zoning board.
      2. The commission shall act only after receiving a recommendation from the planning and zoning board on the waiver request.
      3. The commission shall make the final determination to approve, approve with conditions, or deny the waiver.
5. Approval criteria. A waiver may be approved if the approving authority finds that:
   1. The waiver will not significantly inhibit neighborhood or structural improvement efforts;
   2. The waiver will adequately provide for service areas and other necessary development features for the project;
   3. The waiver will not impede service or emergency vehicle access;
   4. The waiver will not reduce visibility of access to the property or surrounding areas;
   5. The waiver will generally provide the minimum modification necessary to achieve the intended relief;
   6. The waiver will not be injurious to or incompatible with adjacent properties, the surrounding neighborhood, or otherwise detrimental to the public welfare;
   7. The waiver is generally consistent with the intent and purpose of this chapter and the City’s Comprehensive Plan;
   8. The waiver will not permit a use otherwise prohibited in the zoning district;
   9. The waiver supports innovative or flexible design solutions that further the goals of this chapter, including but not limited to enhanced architectural design, sustainable development, or improved site functionality;
   10. The waiver generally addresses practical difficulties or challenges that would arise from strict enforcement of the provisions of this chapter.
6. Conditions. In granting a waiver, the approving authority may impose reasonable conditions and safeguards, including but not limited to:
   1. Time limits within which the action for which the waiver is required must begin or be completed;
   2. Requirements for design, materials, or site features to ensure compliance with the intent of this chapter.
   3. Violation of such conditions shall be deemed a violation of this chapter.
7. Expiration. A waiver granted under this section shall automatically expire if:
   1. A building permit is not issued within six months of the waiver approval (or any final court order affirming approval);
   2. Work is not completed and a certificate of occupancy is not issued under an active permit; or
   3. The permit issued in reliance on the waiver expires or is revoked, and the original time period for obtaining a permit has lapsed.
      
      A one-time extension of up to one (1) year may be granted by the director upon written request filed prior to the approval expiration.

(Ord. No. 2025-35, § 2, 12-17-2025)