1. No permit shall be issued by any department, agency or official of the City for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity that would constitute a violation of the Zoning and Land Development Code.
2. Any change of the use of a building and/or property must be to a use that is permissible within the applicable zoning district and future land use plan.

3. A Public Participation Outreach Meeting shall be required for Land Use, Rezoning, Special Exception and Site Plan requests. Applicants shall conduct 2 public participation outreach meetings, virtually or in-person, and provide mailed notice to all property owners within 500 feet of the proposed project in addition to all certified/registered civic and neighborhood association(s) wherein the property is located, adjacent Civic Associations within 500 feet of the property, the Office of the Mayor and Commissioners.
   The first meeting is to take place following the first formal submission to the Development Review Committee. The second meeting is to take place following the Development Review Committee meeting or prior to final approval. Nothing in this section shall be construed to exempt an applicant from hosting 2 public outreach meetings prior to approval. Prior to final approval, Applicants will be required to remit a Public Outreach Meeting Comment-Response Matrix for each public outreach event. This document will provide a record of the public’s comments from the Public Outreach Meeting and the Applicant’s response to each comment.
   Fifteen days prior to the meeting, the Applicant shall mail such notice and post a sign on the property, including the date, time, and place of the public participation outreach meeting. Such meeting shall occur prior to the applicable Committee, Board, or City Commission submittal and the Applicant shall include in its application packet a letter certifying the date(s), time(s), location(s) of the meeting(s), a copy of the sign- in sheet, presentation material and a general summary of the discussion, including comments expressed during the meeting(s).

4. Notice Signs. All development requests subject to an Administrative Decision, the Development Review Committee review, and/or the Planning and Development Board shall post a notice sign on the subject property at least 15 days after submitting a complete application request. The type of sign shall be determined as follows:

   1. Summary Notice Sign: shall mean a sign no smaller than 24 inches by 18 inches installed along the property line or in a location visible from the public right-of-way.

   2. Detailed Notice Sign: shall mean a sign no smaller than 48 inches by 76 inches installed along the property line or in a location visible from the public right-of-way, as per the design standards outlined by the Division of Planning and Urban Design.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2020-09, passed 7-1-20; Am. Ord. O-2025-06, passed 18-06-25)

1. Whenever it shall appear that it is in the public interest to make a comprehensive determination as to whether existing zoning districts and regulations applying to a portion of the area of the city are appropriate, and it further appears that the said existing zoning districts and regulations may be detrimental to the said area, using the criteria set forth herein, should they continue to remain applicable and building permits are issued predicated thereon, the City Commission, upon recommendation of the City Manager or his/her designee, shall request at a public meeting that the Planning and Development Board consider a building moratorium for the delineated area in question.
2. At its meeting, the Planning and Development Board shall consider the propriety of a building moratorium and shall recommend either approval or denial of the building moratorium to the City Commission. The Planning and Development Board's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts and regulations, taking into account the following criteria:
   1. The existence of overcrowded and deficient schools;
   2. Insufficient parks, open space and recreational facilities;
   3. Congested streets and thoroughfares;
   4. Limited availability and deficiency of public transportation facilities;
   5. Polluted air and/or water supplies;
   6. Inadequate wastewater collection and/or treatment;
   7. Excessive noise levels;
   8. Improper land use distribution;
   9. Inadequate or marginal utility services; or
   10. Any other factor which has a deleterious effect on the quality of life of the residents of the area.
3. Upon receiving the Planning and Development Board's recommendation, the City Commission shall determine whether a building moratorium is reasonably necessary based upon the criteria set forth in B above and the Board's recommendation. Should the City Commission determine that a building moratorium is reasonably necessary, it shall pass and adopt an ordinance to that effect. The ordinance shall establish the time frame for the building moratorium and direct that no permits be issued within the affected area(s). The ordinance shall also set forth a fixed time within which the City Manager or the Director of the Department of Planning and Development Services shall report back to the City Commission with his/her recommendations relating to the appropriate zoning districts and regulations for the affected areas. The said time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area(s).
4. Should the City Manager or the Director be unable to report back to the City Commission within the time prescribed by its moratorium ordinance, upon timely request by the City Manager or the Director and after public hearing on the need therefore, the City Commission may, by ordinance, reasonably extend the time limitation.
5. Upon notification by the City Manager or the Director of the Department of Planning and Development Services that he/she is prepared to submit his/her recommendations relating to the affected area, a public hearing will be held by the City Commission at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in the city. After the public hearing, the City Commission shall make its determination as to whether the zoning districts and regulations shall remain the same or shall be considered for rezoning. Should the City Commission determine that the zoning districts and regulations shall remain the same, it shall immediately pass an ordinance terminating the building moratorium. Should the City Commission determine that the applicable zoning districts and regulations should be changed, or new districts or regulations should be created, it shall pass an ordinance initiating the actions required elsewhere within this code for such changes. In such a circumstance, notwithstanding the provisions of Section 5.4.1 of the Zoning and Land Development Regulations, zoning in progress shall begin at the time of passage of the resolution.
6. Upon the completion of the consideration of all zoning district changes relating to the affected area, the City Commission shall pass an ordinance terminating the building moratorium.
7. Notwithstanding the passage and adoption of any building moratorium ordinance, the City Manager may in his/her discretion, authorize the issuance of building permits for nondeleterious items including, but not limited to, fences, repairs, utilities, maintenance and like matters.
8. During the existence of any building moratorium, no applications for Variances, Special Exceptions or Zoning district changes, within the affected area, shall be acted upon by any city agency, except as provided by the City Commission in its moratorium ordinance.
9. If a building permit has been issued for any proposed building, structure, or other improvement in an area of the city that is subsequently placed under a moratorium pursuant to the terms of this article, and no actual construction or substantial land development has been initiated prior to the initial establishment of the said moratorium by the City Commission, said permit shall be revoked unless the said building permit comes within the terms of G. above. In the event of revocation, any permit fees paid to the city shall be refunded in full.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2009-39, passed 12-2-2009; Am. Ord. O-2011-14, passed 5-4-11)

1. An Administrative Decision is a determination granted by the Director of Development Services, or designee, that does not require a public hearing or board approval. Types of Administrative Decisions are outlined below.
2. Division Authority. The Director of Development Services, or designee, after consulting with the Community Redevelopment Agency (“CRA”) if the application is within a CRA District, shall have the authority to approve, approve with conditions, or deny an application for the requests listed in this subsection:
   1. Administrative Variance. This request is intended to allow limited, measurable deviations from specific zoning standards where the effect is determined by staff to be negligible and consistent with the overall intent of the Zoning and Land Development Regulations. This process is not intended to be used cumulatively to facilitate substantial redevelopment, nor to serve as a means of broadly relaxing standards; rather, it is intended solely to accommodate minor adjustments while maintaining the general intent and design integrity of these regulations. Administrative Variances do not require Board review and may allow a deviation, provided that:
      1. No more than 25 percent, not to exceed 5 feet, of the following standards may be granted:
         1. Minimum site area;
         2. minimum plot width;
         3. minimum setback;
         4. maximum coverage; and
         5. horizontal encroachments and vertical projections.
      2. The following conditions are met:
         1. The applicant files an application for Administrative Variance with the Division of Planning and Urban Design as set forth in this article.
         2. The request is to enable modifications to an existing developed property, and not used to facilitate new development.
         3. The petition is not associated with, nor required to facilitate, a request subject to review by a decision-making board, such as Design and Site Plan applications.
         4. The Director of Development Services or designee finds, following review that a specific development plan illustrating the request for such proposal is consistent with already existing development patterns within the surrounding area and with the standards listed in the Zoning and Land Development Regulations.

   2. Administrative Site Plan. This request is determined by the Director of Development Services, or designee, by the recommendation of the Division of Planning and Urban Design for development proposals that do not require a public hearing or board approval. This process is reserved for site plans that are consistent with all applicable zoning regulations and adhere to 2.a.of this section.
      Administrative Site Plan Decisions shall only be granted when the proposed development does not conflict with the intent of the zoning district, and remains consistent with the goals, objectives, and policies of the Comprehensive Plan, unless explicitly authorized for administrative approval by state statute.

      1. Applicability.

         1. The following development projects shall be required to receive an Administrative Decision for Site Plan Review and may include conditions at the discretion of the Director of Development Services or designee:

            1. Rehabilitation or modifications to existing facades, at the discretion of the Director or their designee.

            2. New and existing residential. All residential development projects that involve construction of more than 4 units up to 10 dwelling units on a single parcel (except in Historic Districts including Historic Overlay Districts or Sites).

            3. Construction or reconfiguration of new or existing at-grade parking lots.

            4. Nonresidential. All development projects exempt under Article 6, Article II, § 6.19 or resulting in a change of 10 percent or less of the site area; or projects where there are changes to the on-site traffic circulation patterns.

            5. Additions to existing building(s) when on-site traffic circulation patterns are not impacted.

            6. Installation of any mechanical or plumbing equipment that is visible from the public right-of-way. This review is limited to methods of screening the equipment from public view.

            7. Installation of outdoor dining, seating, and covered/uncovered patio areas in association with a legally established nonresidential use, including modifications and expansions of existing rooftop terrace areas.

            8. Any automobile-oriented uses or developments or accessory uses or structures including automobile repair (major or minor), automobile wrecking, or salvaging.

            9. Temporary uses, except in Historic Districts including Historic Overlay Districts or Historic Sites, that are not deleterious to the character of surrounding lands and in accordance with the conditions of Chapter 100, §100.06 of the City of Hollywood Code of Ordinances. Including temporary uses that at the discretion of the City Manager or designee is similar in size and impact as those uses included in the definition. Temporary Uses may only be established for up to 12 consecutive months and may be extended for a period of 12 months through action of the Planning and Development Board.

            10. Development projects found to be substantial in nature, at the discretion of the Director of Development Services or designee, shall be reviewed through the Development Review Committee Site Plan review process, pursuant to the criteria in this subsection.

            11. Minor alterations to legal nonconforming conditions pursuant to Article 3, Section 3.12.

      2. Exemptions. Exemptions to the Administrative Site Plan Review regulations, whereby projects are eligible to apply directly to Building Permit, unless otherwise determined by the Director of Development Services, shall include all of the following:

         1. New projects of four units or less on one parcel;

         2. Modifications/additions to existing developments that result in a total of four or less units;

         3. Construction and/or change of use affecting required parking:

            1. Existing non-residential developments: Interior remodeling that results in an increase of less than ten parking spaces.

            2. A change of use within an existing building that results in an increase of less than 25% of the number of required parking spaces.

         4. Rehabilitations and additions.

            1. Rehabilitation of an existing building when on-site traffic circulation patterns are not impacted.

            2. Additions containing less than 50% of the floor area of main existing building when on-site traffic circulation patterns are not impacted;

         5. PEDD Port Everglades Development District. Uses allowable within § 4.17 of the Zoning and Land Development Regulations are exempt from complying with the site plan review procedures;

         6. All permits for new or upgrading, replacing of existing plumbing, electrical, heating, air conditioning, elevators, burglar or fire alarms, sprinklers and extinguishing equipment, and all other mechanical and electrical equipment when such work is entirely within the interior of the building; however, staff may approve such building permit applications for minor work on the exterior of buildings;

         7. Any permit necessary for voluntary life safety responsive projects or for the compliance with a lawful order by the Chief Building Official, City Engineer or Fire Marshall related to the immediate public health or safety; and

         8. All permits for demolition, interior alterations and repairs not affecting a building listed as a Historic Structure in the City's Historic Property Database or which is designated as a Historic Site.

   3. Development Review Committee Site Plan: This request is determined by the Director of Development Services, or designee, by the recommendation of the Development Review Committee for development proposals that do not require a public hearing or board approval.

      1. Applicability. This process applies to development proposals that meet the site plan review thresholds outlined in Section 6.19, provided they fully comply with all applicable zoning regulations and (1) involve development with 30,000 square feet or less of floor area or less than 31 units , or (2) are expressly authorized for administrative approval by State Statute.

      2. For Administrative Decision related to a Development Review Committee Site Plan, approval shall only be granted by the Director when the proposed development does not conflict with the intent of the zoning district, and remains consistent with the goals, objectives, and policies of the Comprehensive Plan, unless explicitly authorized for administrative approval by State Statute.

   4. Building permits.

      1. No building permit, Certificate of Occupancy or Certificate of Completion, shall be issued unless all of the plans, including amendments, notes, revisions, and modifications, are consistent with all approved plans. All modifications must be approved in advance by the City Manager or designee, in accordance with the Zoning and Land Development Regulations.

      2. All building permits for new construction, alterations, or additions to existing properties including, but not limited to, accessory structures, fences, parking areas, walls, signs – whether new or change of copy, gateway or entry features, and other similar architectural features shall be subject to Design review. No building permit shall be issued without the written approval of the Planning and Urban Design Division, as provided for in these regulations. The Historic Preservation Board, or staff, shall review the applicable building permits under the Design Procedures for projects that are within single family districts that are locally designated historic districts, historic overlay district, or historically designated sites.

      3. All extensions of buildings along established legal nonconforming building lines, pursuant to Article 3, Section 3.11, shall be subject to a Design review.

      4. The architect of record will be required to submit certified progress reports to the Director of Development Services to ensure that building construction remains consistent with the approved Site Plan. Time periods of submission will be determined by the Director, or designee. A final certified progress report must be submitted and approved by the Director prior to scheduling any final inspections and prior to issuance of Certificate of Occupancy

3. Review criteria. The Division of Planning and Urban Design shall review Administrative Site Plans; and the Development Review Committee shall review Development Review Committee Site Plans based upon the requirements of the zoning district and the design criteria outlined in Section 5.3(I)(4) and the Site Plan criteria outlined in Section 6.23. Additionally, all site plans shall be reviewed for Design. If the Director of the Department of Development Services or designee determines that an application is not consistent with the criteria, reasons shall be set forth in writing substantiating the finding
4. Notice. Notice shall be provided for both Administrative Site Plans and Variance applications in accordance with the following, unless otherwise preempted by State Statute:

   1. Notices for Administrative Variances will include information regarding protest rights, pursuant to Article 5.7. A Summary Notice sign, as per Section 5.1(D), Shall be posted and affixed to the property in a visible location to the public for the duration of the application request.

   2. Notices for Administrative Site Plan will include a Summary Notice sign, as per Section 5.1(D), to be posted and affixed to the property in a visible location to the public for the duration of the application request.

   3. Notices for Development Review Committee Site Plan will include a Detailed Notice sign, as per Section 5.1(D), be posted and affixed to the property in a visible location to the public for the duration of the application request.

5. In instances where conflicts arise between the Zoning and Land Development Regulations and the Code of Ordinances, where substantial compliance is unattainable without a variance, the Director of Development Services, or designee, is authorized to render an Administrative Decision. This decision, made with consideration of the less restrictive measure, is permissible provided that conformity is maintained with either the Zoning and Land Development Regulations or the Code of Ordinances.
6. Authority. The Director of Development Services, appointed by and responsible to the City Manager, shall be responsible for the administration and interpretation of the Zoning and Land Development Regulations, as provided herein. For purposes of the Zoning and Land Development Regulations, the functions, powers and duties of the Director more specifically include:

   1. Determinations concerning Uses where there is substantial doubt as to whether a particular Use or Uses, or classes of Uses, or characteristics of Use not specifically identified in the Zoning and Land Development Regulations are of the same general character as those listed as permitted, Accessory of Special Exception Uses, either upon request from any administrative agency or officer of the city or upon their own initiative.

   2. To approve, deny or approve with conditions any applications for Administrative Decisions, upon the recommendation received by members of the Development Review Committee as the Director may request, and pursuant to the standards and criteria of the Zoning and Land Development Regulations.

   3. To review the findings and recommendations of the Division of Planning and Urban Design regarding certain applications for administrative Waiver.

   4. To serve in an advisory capacity on zoning matters to the Planning and Development Board, the City Commission, and other officers or agencies of the City, and to prepare such reports as may be appropriate in that capacity.

   5. To decide questions of zoning interpretation. If an ambiguity or conflict arises in the application of the Zoning and Land Development Regulations, the Director’s interpretation prevails unless overturned through an appeal.

7. Appeal from an Administrative Decision. Any appeal of an Administrative Decision by the Director, shall be made pursuant to § 5.7(D) of this Article.

8. No Decisions related to Administrative Site Plan or Development Review Committee Site Plan will be granted if a property has any open code violations or unpaid code enforcement fines, except that the granting of a Decision whose purpose is to cure or assist in curing a code violation.

9. Filing of petitions.

   1. Application. Application(s) shall be filed on forms provided by the Division of Planning and Urban Design and signed by the owner(s) of the subject property. No application shall be accepted unless the actual legal and beneficial ownership of the subject property is indicated on the application.

   2. Application fee.

      1. Amount. There shall be an application fee for each application. The amount of the application fee shall be set by resolution of the City Commission as that amount required to reimburse the City for all expenses associated with the petition.

      2. Before any such application is processed by the City, the application fee shall be paid and is not refundable after formal comments have been provided by the Division of Planning and Urban Design or the Development Review Committee, whichever occurs first.

      3. Time of payment. The application fee shall be paid at the time the application is filed. Additional fees as a result of plan changes shall be paid in full prior to an item being scheduled for Board action or prior to a recommendation being made to the Director of Development Services for determination.

10. Amendments to Administrative Decisions.

    1. If the applicant wishes to change the development from the approval of an Administrative Decision Plan in accordance with this section, the amendment will be required to be reviewed as a new development in accordance with the procedure for such development.

11. Time limit. Approvals granted in accordance with the regulations set forth in this section shall become null and void unless the appropriate principal building, or other permit or license is applied for within 24 months of the date of such decision. However, an extension of up to 24 months may be granted in the same manner as the initial request upon a showing that there has not been a significant change in the circumstances influencing the original approval. Any such application for extension must be filed prior to the expiration of the initial 24 month period. If an extension has been granted by the Planning and Development Board or Historic Preservation Board, and the applicant has not applied for the appropriate building or other permit or license, or the extension request has been denied, then the approval shall become null and void and the applicant will be required to re-apply for any and all necessary approvals.

12. Procedure for revocation of approval. In the event that property is not used in conformance with the applicable regulations or provisions of an approved petition, such approval is subject to revocation. Revocations shall be made pursuant to § 5.3.E.6.

13. Appeal from an administrative decision. Any appeal of an administrative decision by the Director or designee relating to administrative decisions shall be made pursuant to § 5.7 of this Article.

14. Requests that involve parking in-lieu considerations or any other development bonuses, incentives, or deviations from established zoning standards for the property shall not be eligible for site plan approval through this section and shall be reviewed as a Design and Site Plan request, requiring Board approval.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2025-06, passed 18-06-25)

1. If an application for a development permit is approved or denied by a Board appointed by the City Commission, the City Commission may initiate a CRR to set a hearing to review the application if it is found that the project is in an area which, due to characteristics of the project and the surrounding area, requires additional review in order to ensure that development standards and criteria have been met and to ensure that the area surrounding the development is protected from the impacts of the development. The process for a CRR is initiated in one of the following ways: (1) if three or more City Commissioners request a review during City Commission comments at a City Commission meeting, which is within 17 days of the Board’s action, then a de novo hearing shall be set in accordance with subsection 5.6B. below; or (2) if three or more City Commissioners file a request for review in writing with the City Clerk within 17 days of the Board's action, then a de novo hearing shall be set in accordance with subsection 5.6B. below.
2. A de novo hearing for a CRR shall be set no later than the next four City Commission meetings from either the City Commission meeting date where three Commissioners requested such review or no later than the next four City Commission meetings from the date that the City Clerk receives the third Commissioners request as set forth in subsection 5.6A above. Notice of the hearing shall be given to the applicant and to the public by posting a sign at the subject property at least fifteen (15) days before the hearing in accordance with the requirements of the original request. Review by the City Commission shall be by a de novo hearing supplemented by the record below and the same standards and criteria applicable to the development permit shall be applied. At the conclusion of the hearing, the City Commission shall take action by either approving, approving with conditions or denying the application.
3. The time frames for setting a hearing provided herein may be extended by written request of the applicant.
4. Appeal from a final decision of the City Commission shall be to circuit court by filing a petition for writ of certiorari.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2003-38, passed 11-5-2003; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2016-23, passed 11- 2-16; Am. Ord. O-2020-12, passed 7-1-20)

(Ord. O-2010-12, passed 4-7-10; Am. Ord. O-2025-06, passed 18-06-25)

The Planning and Development Board shall consist of nine members and a non-voting representative of the Broward County School Board. The nine voting members shall consist of four from the Design Category, three from the Professional Category and two from the Citizen Category consistent with the Qualifications set forth in § 5.3.B. below. Board member appointments will be for three year terms and shall be staggered. In accordance with F.S. § 163.3174 as amended from time to time, the School Board shall appoint a School District staff member to be its non-voting representative on the City's Planning and Development Board. The City Attorney or his/her designee shall act as the Board's legal counsel and shall provide legal advice as the Board may require. The City Manager may appoint an attorney to represent the Department of Planning and Development Services at the Board meetings and at other related meetings. The City Commission shall appoint the Planning and Development Board members in accordance with the procedures set forth in Chapter 37 of the Code of Ordinances.

Qualifications for membership shall be as follows:

Design Category. Four members shall be selected from the below list:

1. Architect: Registered in the State of Florida.
2. Sustainability or Environmental Expert:. Must hold a Bachelor's degree or higher in Landscape Architecture, Environmental Science, Sustainable Design, Urban Planning, Architecture, Engineering, or related field, and preferably possess LEED Professional Accreditation (LEED AP) with a specialization in Building Design and Construction (BD+C) or Neighborhood Development (ND), with experience in evaluating development proposals through a sustainable lens and promoting eco-friendly practices within the community.
3. Land/Urban Planner: Must have either a Bachelor's Degree or Master's Degree in City Planning or an American Institute of Certified Planners (AICP) Certification.
4. Developer: Recognized by the City Commission for the development of Quality projects.
5. Engineer or General Contractor: If an Engineer, he/she must be registered with the State of Florida. If a General Contractor, he/she must be licensed with the State of Florida.

Professional Category. Three members shall be selected from the below list:

1. Business Owner: Business located within the City of Hollywood.
2. A person who is recognized by the City Commission as having a significant background in financial matters.
3. Attorney: Education or experience in land use issues and who is a member of the Florida Bar.

Citizen Category. Two members shall be selected who are lay citizens interested in improving the quality of life in the City of Hollywood.

1. A quorum of the Planning and Development Board shall consist of five members.
2. The Board shall adopt written rules of procedure and shall keep minutes of its proceedings, showing its actions on each and every case that is considered. A copy of the minutes shall be filed in the Department of Planning and Development Services and be open to public inspection.
3. At the last meeting of the Board each calendar year, the Board shall fix a time and date for the next year's regular monthly meetings. At the next meeting following the City Commission's annual Board appointments, the Board shall elect from its membership a member to serve as Chairperson, a member to serve as Vice-Chairperson and a member to serve as Secretary. Special Meetings may be called by the Chairperson or if the Chairperson is unavailable, the Vice-Chairperson of the Board, provided that 48 hours written notice is given to all members of the Board.
4. Absenteeism/removal of Board members. The Planning and Development Board members shall comply with the procedures set forth in Chapter 37 of the Code of Ordinances and are subject to the removal process set forth therein.
5. All meetings of the Board shall be open to the public.
6. Public notice.
   1. Notice of the Board's scheduled public hearing shall be in accordance with F.S. Chapter 166 and/or F.S. Chapter 163.
   2. Notice of any meeting of the Board shall be posted on the Sunshine Board.
   3. Notification of property owners.
      1. Variance, Special Exception, Design and Site Plan. Notice of said petition and hearing shall be mailed to all owners of properties subject to said petition and to all owners of properties lying wholly or partly within 500 feet of the parcel(s) subject to said petition, at least fifteen (15) days prior to the date of the public hearing by the Board. The addresses for the property owners shall be obtained from the Broward County Property Appraiser's records. Such notice shall contain the date, time and place of the hearing, description of the subject property location, and description of the proposed petition. At least fifteen (15) days prior to the scheduled meeting, the subject property shall be posted by the applicant with a suitable notice of the request including the date, location and time of the hearing on such matter.
      2. Changes of zoning classification initiated by private entities or owners of private property. Notice of said petition and hearing shall be mailed to all owners of properties subject to said petition and to all owners of properties lying wholly or partly within 500 feet of the parcel(s) subject to said petition, at least fifteen (15) days prior to the date of the public hearing by the Board. The addresses for the property owners shall be obtained from the Broward County Property Appraiser's records. Such notice shall contain the date, time and place of the hearing, description of the subject property location, the existing zoning classification and the proposed zoning classification. The petitioner may post the subject property with a suitable notice of the requested change and hearing on such change, which shall include the date, time and location of the hearing.
      3. Changes of zoning classification initiated by the City of Hollywood. Notification requirements shall be as provided by F.S. § 166.041. However, City initiated site specific changes of zoning classification relating to a specific, individual, identified project shall also comply with the notification requirements indicated in division C.6.c.(2) above.
      4. Changes of Future Land Use Designation. Notification requirements shall be as provided by F.S. Chapter 163.
      5. Notification to Owners of properties located on US 441/SR 7 corridor. For any Variance application submitted by the Florida Department of Transportation to address nonconformities that may result from a FDOT US 441/SR 7 corridor improvement project, the city shall send by certified mail, return receipt requested, notice of such request to the property owner of record at least 30 days prior to the Planning and Development Board hearing.
7. All interested parties shall have the right to appear at any of the Board's meetings, personally or by an authorized representative, and have the right to object to or support any matter before the Board for consideration. In the event that any interested party is unable to appear before the Board, a written document may be submitted by the party prior to the scheduled meeting which sets forth the party's objections to or support of the matter being considered by the Board.
8. Joint meeting of the Planning and Development Board and Historic Preservation Board. For projects in local Historic Districts, including Historic Overlay Districts or Historic Sites which are not located in single family districts, that require Site Plan approval and a Certificate of Appropriateness for Design, there shall be a joint meeting of the Planning and Development Board and the Historic Preservation Board. The membership of the joint board shall consist of five (5) Planning and Development Board members and four (4) Historic Preservation Board members. A quorum of the combined Planning and Development Board and Historic Preservation Board shall be five (5) persons regardless of the Board on which they serve. The Planning and Development Board Chair shall chair the meeting.

The Powers and Duties of the Planning and Development Board shall be as follows and pursuant to the guidelines, procedures, and criteria set forth in this Article and Article 6 of the Zoning and Land Development Regulations:

1. To consider petitions for all developments/projects/properties that require Variances, Waivers, and Special Exceptions that are not located within the Historic District(s), including Historic Overlay Districts and Historic Sites except as otherwise required at a Joint Meeting.
2. To consider Design and/or Site Plan requests for developments with more than 30,000 square feet of floor area or more than 30 units, unless, at the discretion of the City Manager or designee, it is determined that review by the Planning and Development Board is required.
3. To consider distance separation waivers for establishments that sell alcoholic beverages in accordance with § 113.03 of the City's Code of Ordinances.
4. To consider any matter set forth in Article 11, “Adult Entertainment” of the Zoning and Land Development Regulations.
5. To consider Variance petitions submitted by the Florida Department of Transportation as part of a cure plan for nonconformities that may result from a corridor improvement project.
6. The Board shall hear, give consideration to, and make recommendations to the City Commission on the following matters, in accordance with the applicable City Zoning and Land Development Regulations, county, and state laws, included but not limited to:
   1. Text amendments to the Zoning and Land Development Regulations;
   2. Petitions for change of land use designation and/or zoning district;
   3. Reserve Units and Flexibility Units petitions;
   4. Non-Residential Flexibility Area petitions;
   5. Hollywood Beach Hotel Room Pool petitions; and Consideration. Design review procedures shall be pursuant to § 5.4. Site Plan review procedures shall be pursuant to Article 6.
   6. The comprehensive planning program including:
      1. The preparation of the Comprehensive Plan, its elements or portions thereof for the City in accordance with state law requirements as amended from time to time;
      2. Coordination of the Comprehensive Plan, its elements or portions thereof with the Comprehensive Plans of other appropriate local governments and the state;
      3. The monitoring of the effectiveness and status of the Comprehensive Plan adopted by the City Commission; and
      4. Changes in the Comprehensive Plan as may be required from time to time.
7. It shall be the continuing duty of the Planning and Development Board to be currently informed and knowledgeable of the conditions and developments of the city, and to make studies and recommendations relating to city planning and zoning matters, either initiated by the Board, the City Manager, or the City Commission.
8. The Board shall have the authority to hear appeals of Administrative Decisions and interpretations of the Zoning and Land Development Regulations by the Director or designee.
9. To recommend adoption of area master plans, design guidelines, and similar documents related to development.
10. It shall be the continuing duty of the Planning and Development Board to be currently informed and knowledgeable regarding the conditions and developments of the City , and to make studies and recommendations relating to city planning and zoning matters, whether initiated by the Board, the City Manager, or the City Commission.
11. The Board shall not approve a petition if a property has any open code violations or unpaid code enforcement fines, except that the granting of a Board approval whose purpose is to cure or assist in curing a code violation shall be permitted.

1. Application. Application(s) shall be filed on forms provided by the Division of Planning and Urban Design and signed by the owner(s) of the subject. No application shall be accepted unless the actual legal and beneficial ownership of the subject property is indicated on the application. Upon receipt of a completed application, the application shall be scheduled before the Board as a public hearing and the public shall be given notice according to the notification procedures set forth herein. For proposals as property owned or operated by a federal, state, or other public entity applications for Variances may be filed by an authorized representative of the agency.
   1. In the event that Site Plan review is required pursuant to Article 6 of the Zoning and Land Development Regulations, such Site Plan review shall be completed prior to any application for a Variance, Waiver, or Special Exception.
   2. Further applications after withdrawal or denial of initial applications.
      1. Except as set forth in § 5.3.K., when any application is withdrawn after the initial public hearing by the applicant or is denied by the Board (and upheld by the City Commission if the Board's decision of denial is appealed), no other identical application on the same property shall be considered within one year from the date of such withdrawal or denial for upholding of the Board's denial by the City Commission, if the Board's decision of denial is appealed).
      2. The Board may, for good cause and to avoid undue hardship, by resolution, allow a withdrawal after the initial public hearing without prejudice to the right to reapply within one year for the same relief. A new application fee will be required upon reapplication.
      3. The denial or withdrawal of any Florida Department of Transportation US 441/SR 7 corridor improvement project Variance petition shall not prevent a property owner of record from applying for similar relief.
   3. Further applications after approval of initial applications. Nothing contained herein shall prevent additional applications after the approval of an initial application.
2. Application fee.
   1. Amount. There shall be an application fee for each application. The amount of the application fee shall be set by resolution of the City Commission as that amount required to reimburse the City for all expenses associated with the petition plus the costs incurred by the City in public notice and property owner notification as required under the Zoning and Land Development Regulations. Before any such application is processed by the City, the application fee shall be paid, and such fee is not refundable after the application request has been advertised by the City
   2. Time of payment. The application fee shall be paid at the time the application is filed.
3. Procedure. The Board shall hear application requests pursuant to the City’s quasi-judicial procedures.

1. Variances. Except as set forth in subsection F.2. below, no Variance shall be granted by the Planning and Development Board unless the Board finds that the Applicant has shown that criteria a. through d. have been met or criteria e. is established, in which case the Variance shall be granted upon a finding that all of the following criteria have been met:
   1. The requested Variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the City;
   2. The requested Variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community;
   3. The requested Variance is consistent with and in furtherance of the Goals, Objectives and Policies of the adopted Comprehensive Plan, as amended from time to time, the applicable Neighborhood Plan and all other similar plans adopted by the City
   4. The need for the requested Variance is not economically based or self-imposed; and
   5. The Variance is necessary to comply with state or federal law and is the minimum Variance necessary to comply with the applicable law.
2. Sign Variances. No Sign Variance to the provisions of Article 8 "Sign Regulations" shall be granted by the Planning and Development Board unless the Board finds that the Applicant has shown that all of the following criteria have been met:
   1. The Variance is not contrary to the public interest;
   2. The Variance is required due to special conditions; and
   3. A literal enforcement of the provisions of Article 8 may result in unnecessary hardship.
3. Decision of the Board. In considering a Variance request pursuant to divisions F.1. and F.2. above, the Board may grant the Variance, grant the Variance with appropriate conditions, stipulations and safeguards or limitations deemed necessary to protect adjacent properties and the public interest, or deny the Variance.
   1. If the Board grants the Variance, the Board shall adopt a resolution setting forth the Variance granted along with any conditions, stipulations, safeguards, or limitations prescribed by the Board. A copy of the applicable resolution shall be mailed to the petitioner, and a copy shall be recorded in the Public Records of Broward County, Florida, and to any enforcing official involved. Such resolution granting the Variance shall be authorization for any approval, permit or license incidental to any use of land or buildings as set forth in the resolution. If the Board denies the Variance, the Board shall adopt a resolution setting forth the reasons for denial. A copy of any resolution adopted by the Board regarding a petition to cure a nonconformity that may result from a Florida Department of Transportation US 441/SR 7 corridor improvement project shall be sent by certified mail, return receipt requested, to the owner of record of the property to which the resolution applies.
   2. Time limit. When either the Board has granted a Variance, the Department of Planning and Development Services has granted an Administrative Variance or the City Commission has granted a Variance based upon an appeal in accordance with the regulations set forth in this Article, such grant shall become null and void unless the appropriate principal building, or other permit or license is applied for within 24 months of the date of such decision by the Board, the Director of the Department of Planning and Development Services or, if applicable, the City Commission. However, an extension of up to 24 months may be granted in the same manner as the initial request upon a showing that there has not been a significant change in the circumstances influencing the original approval. Any such application for extension must be filed prior to the expiration of the initial 24 month period. If an extension has been granted, and the applicant has not applied for the appropriate building or other permit or license, or the extension request has been denied, then the applicant's Variance shall become null and void and the applicant will be required to re-apply for any and all approvals necessary.

1. General Provisions. A Special Exception is a use that is not generally appropriate in a district, but would be appropriate if it is consistent with the review criteria set forth herein. Such use may be permissible in a zoning district as a Special Exception if specifically provided in the Zoning and Land Development Regulations. However, such uses are not deemed to be appropriate within a zoning district without demonstration by the applicant that the Special Exception use complies with this subsection.
2. All applications for Special Exceptions, except for those within a Historic Overlay District or Historic Site that are reviewed by the Historic Preservation Board and those relating to non-conforming uses and structures shall be reviewed by the Planning and Development Board. The Board shall review applications for Special Exceptions relating to nonconforming uses and structures based upon the criteria set forth in § 3.12 of the Zoning and Land Development Regulations. All other applications for Special Exceptions considered by the Board shall be based upon the following criteria:
   1. The proposed use must be consistent with the principles of the City's Comprehensive Plan;
   2. That there will be provisions for safe traffic movement, both vehicular and pedestrian, both internal to the use and in the area that will serve the use;
   3. That there will be provisions for safe traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use;
   4. That there are setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust and other potential nuisances;
   5. The proposed use, singularly or in combination with other Special Exceptions, must not be detrimental to the health, safety, or appearance of the neighborhood or other adjacent uses by reason of any one or more of the following: the number, area, location, height, orientation, intensity or relation to the neighborhood or other adjacent uses;
   6. The subject parcel must be adequate in shape and size to accommodate the proposed use;
   7. The proposed use will be consistent with the definition of a Special Exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, or otherwise adopted by the City Commission.
3. Decision of the Board. In considering an application for a Special Exception, the Board shall grant the Special Exception if all of the criteria set forth in 2. above are met, shall grant the Special Exception with appropriate conditions when the Board determines such conditions (including without limitation, covenants running with the land) are necessary to further the purpose of the zoning district or compatibility with other property within the vicinity, or shall deny the Special Exception.
   1. If the Board grants the Special Exception, the Board shall adopt a resolution setting forth the Special Exception granted along with any conditions prescribed by the Board. A copy of such resolution shall be mailed to the applicant, and copy shall be recorded in the Public Records of Broward County, Florida, and to any enforcing official involved. Such resolution, in addition to the execution and recordation of any required covenant, shall be authorization for any approval, permit or license incidental to any use of land or buildings as set forth in the resolution. If the Board denies the Special Exception, the Board shall adopt a resolution setting forth, with specificity, the reasons for denial.
   2. Time limit. The same time limits set forth in § 5.3.F.3.b. above, apply to Special Exceptions.

In the event that property is not used in conformance with the applicable regulations or provisions of an approved Variance or Special Exception, such Variance or Special Exception is subject to revocation. Revocation of a Variance or Special Exception shall be effected as follows:

1. Upon finding that a property is not being used in conformance with the applicable regulations or provisions of the Variance or Special Exception, the Director shall notify the occupant of the property and the property owner of such nonconformance. Upon receiving such notice, the applicant and property owner shall have 30 days in which to comply with the applicable regulations or provisions of the Variance or Special Exception;
2. If after 30 days, the applicant fails to comply with the applicable regulations or provisions of the Variance or Special Exception, the Director shall request that the Board schedule a public hearing for purposes of determining whether the Variance or Special Exception should be revoked; and
3. Upon receiving a request for a public hearing, the Board shall set such hearing date and hold a public hearing to consider the revocation of the Variance or Special Exception. The Director shall provide written notice to the occupant of the property and to the property owner of the scheduled public hearing. The applicant will have the opportunity to appear and be heard by the Board at the public hearing.

1. Director's authority. The Director, after consulting with the respective Executive Director of the CRA if the application is within a CRA District, shall have the authority to approve, approve with conditions or deny an application for Design for the following applications:
   1. Rehabilitation of existing facades;
   2. Residential Developments of four units or less (except in Historic Districts or Sites);
   3. Landscape projects including decks and patios that contain less than 10,000 sq. ft.;
   4. Construction, repair, or rehabilitation of new or existing walls, fences, at-grade parking lots, signs, including change of copy, canopies, and awnings;
   5. Installation of any mechanical or plumbing equipment that is visible from the public right-of-way. This review is limited to methods of screening the equipment from public view; and
   6. Any other construction, which in the discretion of the Director, is similar in size and impact as the work listed above, except in Historic Districts or Sites.
2. Joint meeting of the Planning and Development Board and Historic Preservation Board. For projects in local Historic Districts or Historic Sites, which are not located in single family districts, that require Site Plan approval and a Certificate of Appropriateness for Design, there shall be a joint meeting of the Planning and Development Board and the Historic Preservation Board. The membership of the joint board shall consist of five (5) Planning and Development Board members and four (4) Historic Preservation Board members. A quorum of the combined Planning and Development Board and Historic Preservation Board shall be five persons regardless of the Board on which they serve.
3. Applicability and exemptions.
   1. Applicability. All building permits for new construction, alterations, or additions to existing buildings, including fences, parking lots, walls and signs, whether new or change of copy, shall be subject to review under the Design Procedures except as provided herein. No building permit shall be issued without the written approval of the Planning and Development Board or staff, as provided for in these regulations. The Historic Preservation Board, or staff, shall review the applicable building permits under the Design Procedures for projects that are within single family districts that are locally designated historic districts or historically designated sites.
   2. Exemptions. Exemptions to these regulations include all of the following provided no new construction or additions to existing buildings are required:
      1. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment when such work is entirely within the interior of the building; however, the Director may approve such building permit applications for minor work on the exterior of buildings;
      2. Any permit necessary for the compliance with a lawful order of the Chief Building Official, City Engineer or Fire Marshall related to the immediate public health or safety; and
      3. All permits for demolition, interior alterations and repairs not affecting a building listed as a Historic Structure in the City's Historic Property Database or which is designated as an Historic Site.
4. Design criteria. The Board and the Director shall review plans based upon the criteria below. If the Board or the Director (as applicable) determines that an application is not consistent with the criteria, reasons shall be set forth in writing substantiating the finding.
   1. General criteria. All plans/architectural drawings shall be reviewed based upon the evaluation of compatibility with the City's Design Guidelines, including the following elements:
      1. Architectural and design components. Architecture refers to the architectural elements of exterior building surfaces. Architectural details should be commensurate with the building mass. Design of the building(s) shall consider aesthetics and functionality, including the relationship of the pedestrian with the built environment. The design should consider architectural elements that are characteristic of the surrounding neighborhood.
      2. Compatibility. The harmonious relationship between existing architectural language and composition and proposed construction, including how each building along the street relates to the whole and the pattern created with adjacent structures and the surrounding neighborhood, and with the established and adopted vision for the area.
      3. Scale/massing. Buildings shall be proportionate in scale, with a height which is consistent with the surrounding structures, and with the established and adopted vision of the area. Building geometries shall reflect a simple composition of basic architectural details in relation to its length, width, height lot coverage, and setting of the structure in context with adjacent buildings.
      4. Landscaping. Landscaped areas should contain a variety of native and other compatible plant types and forms, and be carefully integrated with existing buildings and paved areas. Existing mature trees and other significant plants on the site should be preserved.
   2. Design Guidelines Manual. A Design Guidelines Manual has been adopted which contains recommended approaches to design issues and which is incorporated herein. The Board shall only approve amendments to the Design Guidelines Manual after a public hearing has been held. Public notice requirements shall be by notice in a newspaper of general paid circulation in the city with the notice appearing at least ten days in advance of the public hearing.
   3. Neighborhood specific design review criteria. The Planning and Development Board is authorized to approve specific design review criteria for identified neighborhoods in the city and to apply the criteria in its review of plans for design approval. The Board shall only approve Neighborhood Specific Design Review Criteria after a public hearing has been held. Public notice requirements shall be by notice in a newspaper of general paid circulation in the city with the notice appearing at least ten days in advance of the public hearing. This process shall also apply to amendments.
5. Decision of the Board.
   1. The Board shall approve, approve with conditions or deny applications. The Board may require such changes in said plans and specifications that in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, as established by the criteria contained in § 5.3.I.4. herein and as specified in the City's Comprehensive Plan and other specific plans adopted by the city and the Board.
   2. Upon a decision on an application by the Board, the Department of Planning and Development Services shall send a letter along with the Board's resolution setting forth its decision to the applicant.
   3. Clarification hearing. Should a question arise as to compliance with the conditions as outlined by the Board, a clarification hearing before the Board may be called at the request of the Planning and Development Services Department. The issue at such hearing shall be limited to a clarification of the Board's decision.
6. Building permit application.
   1. No building permit, Certificate of Occupancy or Certificate of Completion, shall be issued unless all of the plans, including amendments, notes, revisions, and modifications, are consistent with all Board approved plans. Minor modifications to plans that have not been approved by the Board shall be permitted when approved by the Director.
   2. The applicant shall have up to 24 months from the date of Design approval to apply for necessary building permits required to proceed with construction. If the applicant fails to apply for said building permit(s) within the time period, all staff and Board approvals shall be null and void and the applicant shall be required to re-initiate the review process for Design. However, an extension for cause, not to exceed 24 months, may be granted by the Board. Any such application for extension must be filed prior to the expiration of the initial 24 month period. If an extension has been granted and the applicant has not applied for the appropriate building or other permit or license, or the extension has been denied, the applicant's Design shall become null and void and the applicant will be required to re-apply for any and all approvals necessary.
   3. An applicant may submit an application for a building permit simultaneously with an application for consideration of Design in order to expedite processing. However, no building permit shall be issued until the final Site Plan has been stamped and signed by the Director of the Department of Planning and Development Services or his/her designee in accordance with this section.

1. Filing of petition. A petition for an amendment to the text of the City's Zoning and Land Development Regulations shall be submitted to the Department of Planning and Development Services on a form provided by the Division. A petition may be filed by any of the following:
   1. City Commission;
   2. Planning and Development Board; or
   3. City Manager or his/her designee.
      Upon receipt of a completed petition, the petition shall be scheduled before the Board Liaison as a public hearing and the public shall be given notice according to the notification procedures set forth in this section. The Secretary of the Board Liaison may request written commentary relating to the petition by the responsible enforcing official and request the attendance of such official or qualified representative at such hearing.
2. Recommendation of the Board. In reviewing a petition for a text amendment to the Zoning and Land Development Regulations, the Board shall only recommend approval of the petition if it is consistent with the following criteria:
   1. The proposed change is consistent with and in furtherance of the Goals, Objectives and Policies of the adopted Comprehensive Plan as amended from time to time; and
   2. That conditions have substantially changed from the date the present zoning regulations were established.
      After review of the petition, at the scheduled public hearing, the Board shall make a recommendation to the City Commission either to approve the petition if it meets the above criteria or, if such criteria are not met, to deny the petition.
3. Review and decision by the City Commission.
   1. Upon receipt of the proposed text amendment with the Board's recommendation, the City Clerk shall set a date for a public hearing on an agenda of the City Commission, in accordance with the notice requirements set forth in F.S. Ch. 166.
   2. In reviewing a petition for a request to make a text amendment to the City's Zoning and Land Development Regulations, the City Commission may:
      1. Approve, deny or modify a petition for change of text; or
      2. At any time, resubmit such petition to the Board for its recommendations on changes to the petition proposed by staff or the City Commission after the initial Board recommendation, but such resubmission is purely optional and discretionary on the part of the City Commission.

1. Filing of petition. Petitions for change of zoning district (rezoning) shall be submitted to the Division of Planning and Urban Design on forms provided by the Department. Such petitions may be filed by the following:
   1. Property owners. The owner or owners of any parcel of land in the City may file a petition for change of zoning district. No petition shall be accepted without the actual legal and beneficial ownership of the subject property indicated on the petition, and any petitions acted on without such information shall be null and void.
   2. City. The City Commission, the City Manager or designee, or the Planning and Development Board, may file a petition for change of zoning district with respect to any land within the City.
2. Procedures. In reviewing a request for a change of zoning district, the Board shall consider the following criteria:
   1. That the petition for a change of zoning district will not result in spot zoning or contract zoning;
   2. That the proposed change is consistent with, and in furtherance of the Goals, Objectives and Policies of the City's Comprehensive Plan;
   3. That conditions have substantially changed from the date the present zoning district classification was placed on the property that make the proposed change necessary;
   4. The proposed change will not adversely influence living conditions in the neighborhood; and
   5. That the proposed change is compatible with the development(s) within the same district/neighborhood.
3. Recommendation of the Board. After review of the petition, at the scheduled public hearing, the Board shall make a recommendation to the City Commission to:
   1. Approve the petition as it meets the criteria set forth in K.2.a. and b. above and meets two (2) or more of the criteria set forth in K.3.c. through e. above;
   2. Rezone the subject property to a zoning district less restrictive than the current zoning district but more restrictive than the petitioned for zoning district; or
   3. Deny the petition.
4. Further petitions after withdrawal or denial of initial petitions.
   1. Except as set forth in division § 5.3.F.1.b. herein, when any petition for change of zoning district is withdrawn after the initial public hearing by the petitioner or is denied by the City Commission, no other identical petition for change of zoning district on the same property shall be considered within one year from the date of such withdrawal or denial.
   2. The Board may, for good cause and to avoid undue hardship, by resolution, allow a withdrawal after the initial public hearing without prejudice to the right to reapply within one year for the same relief.
5. Review and Decision by the City Commission.
   1. Upon receipt of the proposed rezoning with the Board's recommendation, the City Clerk shall set a date for a public hearing on the agenda of the City Commission, in accordance with the notice requirements set forth in F.S. Ch. 166, if applicable.
   2. After completion of the hearing on a petition for change of zoning district, the City Commission may approve the petition as follows:
      1. The City Commission must find that the petition for a change of zoning meets the criteria set forth above.
      2. The City Commission may approve a change of zoning to a district more restrictive than the petitioned for change and/or the district recommended by the Planning and Development Board without resubmission of such proposed change to the Board or readvertisement of the initial public hearing before the City Commission.
      3. The City Commission may approve a change of zoning to a district less restrictive than the petitioned for change and/or the district recommended by the Planning and Development Board, provided the City Commission, after such determination, reschedules the initial public hearing on the petition and the applicable public notification requirements are followed. Such notifications shall include a statement that the City Commission has expressed its intention to approve the specified zoning district. The City Commission, in its discretion, may resubmit the proposed change to the Planning and Development Board for its recommendation.

The Planning and Development Board shall hear, decide and rule upon appeals filed by any party in interest aggrieved by an order, decision or interpretation by the pertinent officials of the City, in the enforcement of the terms and provisions of any of the Zoning and Land Development Regulations, as amended from time to time. Any appeal of an administrative decision shall be made pursuant to § 5.7 of this Article.

Any appeal of a decision by the Planning and Development Board shall be made pursuant to § 5.7 of this Article.

During the period of time that a petition for either a text amendment to the Zoning and Land Development Regulations or change of zoning district is under consideration, no permit(s) of any kind shall be issued if such permit would result in the nonconforming or unlawful use of the subject property should the petition for change be finally enacted by the City Commission, subject to the following conditions:

1. The period of time of such freeze on permits shall begin on the earlier of (i) the date of notification of the property owner(s) by certified mail of the initial public hearing before the Planning and Development Board, or (ii) the initial publication date of the initial public hearing before the Planning and Development Board. The freeze on permits shall continue for a maximum period of six months, provided, however, that such six month period may be extended for up to an additional six months by resolution of the City Commission where the scope and magnitude of the petition requires additional time for study and deliberation.
2. Where a postponement or other delay of a petition is requested by the owner of the subject property, such period of delay shall not be counted against the zoning in progress period.

(Ord. O-2001-15, passed 5-16-01; Am. Ord. O-2003-38, passed 11-5-03: Am. Ord. O-2004-16, passed 6-16-04; Am. Ord. O-2006-37, passed 12-14- 06; Am. Ord. O-2008-11, passed 6-4-08; Am. Ord. O-2008-23, passed 10- 15-08; Am. Ord. O-2009-39, passed 12-2-09; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2016-23, passed 11-2-16; Am. Ord. O-2019-13, passed 6-19-19; Am. Ord. O-2025-06, passed 18-06-25)

The purpose and intent of these regulations is to:

1. Preserve and conserve properties of historical, architectural and archeological merit in the city which is a public policy of the City of Hollywood and is in the interest of the city's future prosperity;
2. Protect and encourage the revitalization of historic sites and districts which have special historic, architectural or archeological value to the public;
3. Protect such Historic Sites and Districts to combat urban blight, promote tourism, foster civic pride, and maintain physical evidence of the city's heritage;
4. Encourage and promote restoration, preservation, rehabilitation and reuse of Historic Sites and Districts by providing technical assistance, investment incentives, and facilitating the development review process; and
5. Promote excellence in urban design by assuring the compatibility of restored, rehabilitated or replaced structures within designated Historic Districts.

1. Scope. Unless expressly exempted herein, no building permit(s) shall be issued for new construction, demolition, alteration, rehabilitation, signage or any other physical modification of a Historic Site, or Historic District, or Historic Multiple Property Resource Listing District without the prior issuance of a Certificate of Appropriateness or Certificate to Dig by the Historic Preservation Board in accordance with the procedures specified in this section. For purposes of this section, alteration shall be defined as any material change in the external features of any Historic Site or improvement within a Historic District, and/or to the interior of any such site or improvement but only if the interior features have been designated pursuant to this section.
2. Exemptions. The following permits are exempt from the regulations of this section:
   1. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment not involving exterior facade changes or construction visible from the public right-of-way or a designated interior; and
   2. Any permit which is necessary for both compliance with a lawful order of the Chief Building Official, Special Master, Unsafe Structures Board, or Fire Marshal, and for immediate public health or safety.

There is hereby created a Hollywood Historic Preservation Board for the purposes of carrying out the provisions of this section.

1. Membership. The Board shall be composed of seven members and two alternates. The City Commission shall appoint the Historic Preservation Board members in accordance with the procedures set forth in Chapter 37 of the Code of Ordinances. There shall be a member from each of the following categories:
   1. An Architect with practical experience in the rehabilitation of Historic Structures;
   2. An architectural historian with a minimum of a Bachelor's Degree in Architectural History or a related field and practical experience in the rehabilitation of historic structures, or a Land/Urban planner with a minimum of a Bachelor's Degree in City Planning and related field experience in the application of design guidelines for historic properties and details;
   3. Engineer or General Contractor - If an Engineer, he/she must be registered with the State of Florida. If a General Contractor, he/she must be licensed with the State of Florida;
   4. A professional selected within the following professions: Registered Architect in the State of Florida, Registered Landscape Architect in the State of Florida, Land/Urban Planner with either a Bachelor's Degree or Master's Degree in City Planning or an American Institute of Certified Planners (AICP) Certification, Historic Preservationist, or Registered Interior Designer;
   5. A representative from the Hollywood Historical Society;
   6. A person recognized by the City Commission as having considerable knowledge and experience in historic preservation issues;
   7. A real estate broker or salesperson with experience in the sale, lease or management of historic properties; and
   8. Two alternates who may be selected from any of the above categories.
2. Alternate members. In case of the absence or disqualification of any regular member of the Board, the Chairperson of the Board shall designate an alternate member of the Board to serve on the Board during the period of such absence or disqualification. In the case of a vacancy in the membership of the Board, the Chairperson of the Board at each meeting shall designate an alternate member of the Board to serve on the Board for that meeting. The Chairperson shall decide the designation of an alternate member by lots for each meeting. In cases where alternates are designated to serve for such limited periods, alternates shall have the same powers as regular members. When an alternate member is designated to be on the Board, the alternate member shall continue on the Board for all petitions presented at such meetings, including those petitions which may be continued to a later date and time.
3. Powers and duties. The Board shall:
   1. Recommend, jointly with the Planning and Development Board, to the City Commission, the designation of Historic Sites, Historic Districts, Historic Multiple Property Resource Listing Districts, sites having archaeological significance, and text amendments to these Zoning and Land Development Regulations which affect historic properties;
   2. Prepare and recommend for adoption specific guidelines for historic properties and districts to be used to evaluate the appropriateness and compatibility of proposed alteration or development within historic properties or sites;
   3. Issue or deny Certificates of Appropriateness for projects in districts that are within locally designated sites or districts or projects that are listed on the National Register of Historic Places in accordance with procedures specified in this section;
   4. Consider petitions relating to Variances for properties within historic districts and historic sites;
   5. Facilitate the redevelopment of Historic Sites and Districts by directing the Office of Planning, and other city departments, to provide advisory and technical assistance to property owners and applicants for Certificates of Appropriateness;
   6. Make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this section. The Board shall prescribe forms for use by applicants when requesting actions under this section;
   7. Be empowered to award historic markers or plaques upon the recommendation of the Director of the Department of Planning and Development Services and with the consent of the City Commission; and
   8. Issue or deny Certificates to Dig for projects that impact or include archaeological sites.
   9. Consider Special Exceptions related to properties within the Historic Overlay District or individual Historic Sites. The Board shall review such petitions in accordance with the criteria set forth in § 5.3.G.2.a through g.
4. Meeting procedures of the Historic Preservation Board.
   1. A quorum of the Historic Preservation Board shall consist of four members.
   2. 1. At the last meeting of the Board, each calendar year, the Board shall fix a time and date for the next year's regular monthly meetings.
      2. Every June, the Board shall elect from its membership a member to serve as Chairperson, a member to serve as Vice Chairperson and a member to serve as Secretary.
      3. Special meetings may be called by the Chairperson, or if the Chairperson is unavailable, the Vice Chairperson of the Board, provided that 48 hours written notice is given to all members of the Board.
   3. Meetings. The Historic Preservation Board shall meet at the call of the Chairperson or the Department of Planning and Development Services in order to carry out the provisions of this section. All meetings shall be open to the public and shall be conducted in accordance with rules and regulations adopted by the Board.
   4. Absenteeism/removal of Board Members. Historic Preservation Board members shall comply with the procedures set forth in Chapter 37 of the Code of Ordinances and are subject to the removal process set forth in Chapter 37.
   5. Public notice/Notification of property owners. Notifications of Certificate of Appropriateness, Variance and Special Exception petitions shall be mailed to property owners lying wholly or partly within 500 feet of the property of the petitioner and to all owners of land subject to the petition at least fifteen (15) days prior to the date of the scheduled meeting. The addresses for the property owners shall be obtained from the Broward County Property Appraiser's records. At least fifteen (15) days prior to the scheduled meeting, the subject property shall be posted by the applicant with notice, in a form approved by the city, of the required Certificate of Appropriateness, Variance or Special Exception including the date, location and time of the hearing on such matter. Such posting shall be done by the applicant.

1. Requests for designation of an individual Historic Site, District or Multiple Property Resource Listing Overlay District may be made to the Board by motion of the Board, by the City Manager, by resolution of the Planning and Development Board or the City Commission, by any property owner in respect to his/her own property, by a majority of property owners of record within a proposed district, by resolution of the Broward County Historical Commission, or by resolution of any organization whose purpose is to promote the preservation of historic properties.
   1. Proposals for designation shall include a completed application form available from the Department of Planning and Development Services.
   2. Fees. A request initiated by any entity other than the City Commission, a City Board or City Official shall include an application fee established by resolution of the City Commission.
2. Preliminary review. Upon receipt of a completed application and fee, if applicable, the Department of Planning and Development Services shall prepare an evaluation and recommendation for consideration by the Board. After considering the Department's recommendation, a majority vote of the Board shall be necessary to direct the Department to prepare a designation report.
3. Designation report. The designation report shall describe the historic, architectural and/or archeological significance of the property proposed for Historical Site or District designation, and recommend Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed developments affecting the designated site or district. The designation report shall be presented to the Board at a public hearing. The report shall include an analysis of the proposed designation based on the following criteria:
   1. Mandatory criteria. The designation of any site or district as an Historic Site or District requires compliance with the following criteria; integrity of location, design, setting, materials, workmanship, and association.
   2. Review criteria. In addition to the mandatory criteria, the designation of any individual site or district as an Historic Site or District requires compliance with at least one of the following additional criteria:
      1. Association with events that have made a significant contribution to the broad patterns of our history;
      2. Association with the lives of persons significant in our past;
      3. Embodiment of distinctive characteristics of a type, period, or method of construction;
      4. Possession of high artistic values;
      5. Representation of the work of a master;
      6. Representation of a significant and distinguishable entity whose components may lack individual distinction; and
      7. Yield, or the likelihood of yielding information important in prehistory or history.
4. Joint meeting of the Historic Preservation Board and Planning and Development Board. A public hearing on a proposed historic preservation designation shall be by a joint meeting of the Historic Preservation Board and the Planning and Development Board. The membership of the joint board shall consist of five (5) Historic Preservation Board members and four (4) Planning and Development Board members. A quorum of the combined Historic Preservation Board and Planning and Development Board shall be five persons regardless of the Board on which they serve.
   Public notice. The property owners of record within the proposed designation area shall be notified by mail of the public hearing at least fifteen (15) days in advance of the hearing. The addresses for the property owners of record shall be obtained from the Broward County Property Appraiser's records. In lieu of the foregoing, for applications involving individual site designations, the site shall be posted, which includes a summary of the request, within ten days of the public hearing.
5. Historic designation in process-rule for demolition requests. If, following a recommendation for historic preservation designation by the Board at the public hearing, a permit is sought for demolition, affecting any property within a proposed designation area, that permit shall not be issued for a period of up to, but not more than, six months or until one of the following occurs:
   1. The proposed Historic Preservation designation is approved by the City Commission and a Certificate of Appropriateness is awarded by the Board; or
   2. The proposed designation is denied by the City Commission.
6. City Commission public hearing. Two hearings shall be held based on the recommendations of the joint Historic Preservation Board and Planning and Development Board.
7. Designation on the Official Zoning Map. All sites and districts designated as Local Historic Overlay Sites, Local Historic Overlay Districts or Multiple Property Resource Listing Overlay Districts shall be delineated on the City’s Official Zoning Map as an Overlay. Such sites and districts include:
   1. Local Historic Preservation Overlay Districts:

      District	Name	Boundary
      HPOD-1	Historic Hollywood Business District	Buildings on Hollywood Blvd. from the west side of the intersection with Young Circle to the east side of Dixie Hwy. (N. 21st Avenue).
      HPOD-2	Lakes: Harrison and Tyler Street Historic District	Buildings on Harrison and Tyler St. from the west side of N. 10th Avenue to the east side of N. 17th Avenue.
      HPOD-3	Hollywood Beach Historic Overlay District	Properties on the north side of Sherman Street to the north side of Jefferson Street and east of Surf Road, including the Broadwalk and Hollywood Beach Hotel (generally located at 101 N. Ocean Drive).

   2. Historic Property Overlay Sites (HPOS's).

      Site	Name	Address
      HPOS-1	Young House	1055 Hollywood Blvd.
      HPOS-2	Women's Club	501 N. 14th Avenue
      HPOS-3		1345 Hollywood Blvd.
      HPOS-4		840 Hollywood Blvd.
      HPOS-5		902 Hollywood Blvd
      HPOS-6		817 Tyler Street
      HPOS-7	Hollywood Publishing Company/Old City Hall	219 North 21st Avenue
      HPOS-8	Young Circle Park	Intersection of Hollywood Blvd. and Federal Highway
      HPOS-9	Hutchinson Hotel	404 North 17th Avenue
      HPOS-10	First Baptist Church of Hollywood	1701 Monroe Street
      HPOS-11	Garfield Street Paddleball Courts	Bounded by Surf Rd. to the western fence of the Paddleball Courts and from Connecticut Street to Garfield Street
      HPOS-12	Bryan House (4210 N. 58th Avenue)	4220 N. 58th Avenue
      HPOS-13	Dunham's Grocery	2410 Taylor Street
      HPOS-14	Coral Rock House	310 New York Street
      HPOS-15	Southwinds Apartments	347,349,351 Madison Street
      HPOS-16	Hollywood Beach Apartments	322 Monroe Street
      HPOS-17		2461 Taylor Street
      HPOS-18	United States Customs House	1700 Spangler Blvd.
      HPOS-19	Weitzman House	1519 Harrison Street
      HPOS-20	South Broward Learning Center/South Broward Cradle Nursery	2201 Douglas Street
      HPOS-21	Butler Rock House	within Charles Vollman Park at 2933 Taft Street
      HPOS-22	Historic Hollywood Beach Broadwalk	Legally platted as the "Boardwalk", defined as the public right-of-way East of the properties abutting North/South Surf Road, West of the Atlantic Ocean, between Sherman and Jefferson Street, and expressly excluding all privately-owned property within these bounds.

   3. Historic Multiple Property Resource Listing District (HMPROLD).

      Site	Name	Location
      HMPRLOD - 1	Lakes Area Historic Multiple Resource Listing District	Properties south of Johnson St. west of the Intracoastal Waterway, north of Washington St. and east of S. 17th Avenue to Polk St. and then east of N. 14th Avenue to Johnson St.

8. Issuance of a Certificate of Appropriateness for projects in the Historic Districts and Sites shall be based on the Design Guidelines for Historic Properties and Districts adopted by the City Commission as amended from time to time.

9. Historic Properties Database. Historic and Non-Historic Buildings in a locally designated historic district or site should all be listed in the city's database which may be revised from time to time. The database shall be maintained by the Department of Planning and Development Services.

(Am. Ord. O-2025-15, passed 10-22-25)

A Certificate of Appropriateness issued under the authority of the Historic Preservation Board shall be required prior to the issuance of any permit for new construction, demolition, alteration, repair, signage or other physical modification or development affecting any property designated under the provisions of this section unless the permit applied for is exempted pursuant to § 5.5.B.2.A. Certificate to Dig shall be required prior to the initiation of any development involving the excavation or fill on a site or in a district designated as archaeologically significant pursuant to the provisions of this section. The procedure to obtain a Certificate to Dig, or to designate a site as archaeologically significant, shall be the same as indicated below for a Certificate of Appropriateness.

1. Application.
   1. An application for a Certificate of Appropriateness may be filed with the Board at the same time or in advance of the submission of an application for a building permit. The application must be approved by the Board prior to the issuance of a building permit.
   2. All applications involving demolition, new building construction, additions to existing buildings, major renovation work or substantial alteration of a designated Historic Structure or Site shall be on a form provided by the Department of Planning and Development Services and shall include such information as the Board may determine is needed to allow for complete evaluation of the proposed demolition, construction and other physical improvements, alterations or modifications including, but not limited to, the following:
      1. Written description of proposed action;
      2. Survey;
      3. Complete plot plan;
      4. Materials containing detailed data as to architectural elevations and plans showing proposed changes and existing conditions to be preserved;
      5. Preliminary plans showing new construction in cases of demolition;
      6. A financial feasibility study of the new project in cases of demolition and a feasibility study for an existing structure which addresses the possibility of substantially renovating or operating the existing Historic Structure. Consideration of parking needs and demands shall be addressed within the feasibility study, as well as alternative methods of providing parking. The study will also determine whether the retention of the building would deny the owner of all economically viable uses of the property.
      7. A request for a Certificate of Appropriateness for demolition shall include the following in addition to the above:
         1. The exact date and time demolition is to occur;
         2. A structural report on the building’s condition, prepared by a licensed structural engineer, a survey, and detailed site plans and elevations showing the extent of the demolition. Photographs of all exterior elevations and architectural elevations shall also be included. The structural engineer shall also submit documentation demonstrating that liability insurance has been obtained in an amount which is equal to or exceeds the value of that portion of the building which will be retained;
         3. An application for a partial demolition of the building shall include a determination from a licensed structural engineer that the structural integrity of the building, or portions thereof, will not be compromised by the demolition work. During the time demolition work is occurring, the owner shall have a licensed structural engineer on the property who shall insure that the work is proceeding in accordance with the approved building permit plans. It shall be the responsibility of the licensed structural engineer and property owner to ensure, during the time demolition work is occurring, that the structural integrity of that portion of the building which is to remain shall not be compromised;
         4. The plans shall establish a “safe zone” so that no demolition work is permitted within a preset distance of that portion of the building to be preserved; and
         5. In the event that the Building Official determines that the work is not proceeding according to the approved plans, or if he/she determines the demolition work will compromise that portion of the building which shall remain, then a stop work order shall be immediately issued.
2. Review procedure.
   1. All applications involving demolition, new building construction, additions to existing buildings, major renovation work or substantial alteration of a designated structure or site shall be placed on the agenda of the Historic Preservation Board for its review and consideration within 60 days after the date of receipt of a completed application accompanied by the required documentation.
   2. The Board shall approve, deny, approve with conditions or continue action on all applications for a Certificate of Appropriateness, except for a Certificate of Appropriateness for Demolition of Historic Structures, in which case the Board shall consider such requests pursuant to Section 5.5.F.4 herein. In any case, the Board shall act on an application within 60 days from the date of the receipt of a completed submission. Provided, however, that if specific revisions are requested by the Board, the Board may have an additional 30 days in which to render a decision. Upon the written approval of the applicant, or the applicant's oral consent stated at a Board hearing, and by motion of the Board, the review period may be extended beyond the maximum 90 days provided for herein.
   3. A Certificate of Appropriateness for the Demolition of designated Historic Buildings, structures, improvements or Historic Sites, as listed in the Historic Properties Database, shall only be considered by the Board following a public hearing. Historic status shall be determined by the Board finding that the structure meets at least one of the review criteria for Historic Designation as set forth in Section 5.5.D.3.b. At least ten days prior to the public hearing date, a description of the request with the time and place of such hearing shall be posted on the property by the property owner, and notice shall be given by mail to the owners of record of land lying within 500 feet. The addresses for the property owners of record shall be obtained from the Broward County Property Appraiser's records. If the Historic Preservation Board determines the status of the property to be Non-Historic, no further action is required and a Certificate of Appropriateness for Demolition shall be issued.
   4. A building permit for the new construction must be issued prior to the issuance of a building permit for demolition.
   5. All applications for Certificates of Appropriateness involving exterior structural repairs and minor physical improvements or alterations (as may be more specifically defined by the Board in its By-Laws and Application Procedures) shall be reviewed by the Director or the Board. The Director shall approve, approve with conditions, or deny a Certificate of Appropriateness within 30 days from the date of receipt of a completed submission; the applicant may agree to an extension of this review time.
   6. In the case of a denial of an application by the Director, the applicant may request consideration of the completed application by the Historic Preservation Board which shall proceed to review the application in accordance with the procedures set forth in this subsection. The Board may concur, modify, or reverse the Director of the Department of Planning and Development Services' decision.
   7. The approval of a Certificate of Appropriateness or a Certificate to Dig shall not excuse the applicant of responsibility to comply with all other zoning and building laws and regulations of the city, county and state, including the receipt of necessary zoning variances, site plan approvals, concurrency review and building permits.
   8. All work performed pursuant to the issuance of any Certificate of Appropriateness shall conform to the requirements of that certificate. The Chief Building Official is designated as the individual to assist the Board by making necessary inspections in connection with enforcement of this section and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate or this section. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Historic Preservation Board and copies of any stop work orders both to the Historic Preservation Board and the applicant. The Chief Building Official shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order.
   9. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without City Commission approval, and to rehabilitate at a later date under the procedures as set forth in this section.

1. Certificate of Appropriateness of Design. A decision on an application for a Certificate of Appropriateness, by either the Board or the Director of the Department of Planning and Development services, for the design of new building construction, additions to an existing building, major renovation work or substantial alteration shall be based upon evaluation of the compatibility with the following criteria: integrity of location, design, setting, materials, workmanship and association.
   1. The Director of the Department of Planning and Development Services is authorized to approve Certificates of Appropriateness for Design for the projects set forth below:
      1. Additions (attached or detached) that contain not more than 25% of the floor area of the primary building but not to exceed 25,000 sq. ft.
      2. Landscape projects, decks and patios that contain less than 10,000 sq. ft. in the aggregate.
      3. Construction, repair, or rehabilitation of new or existing nonstructural walls, fences, at-grade parking lots, signs, including change of copy, canopies, and awnings.
      4. Installation of any mechanical or plumbing equipment that is visible from the public right-of-way. This review is limited to methods of screening the equipment from public view.
      5. Any other construction, which in the discretion of the Director of the Department of Planning and Development Services is similar in size and impact as the work listed above.
      6. The Board is authorized to consider all other projects for Certificates of Appropriateness for Design not delineated in 1.a.1 through 5 above.
2. Where particular site conditions and restraints or unusual circumstances applicable to a particular applicant's structure exist and strict enforcement of the provisions of this section would result in an undue economic hardship to the applicant, the Board has jurisdiction to vary or modify the provisions in this section, including adherence to the adopted Design Guidelines for Historic Properties and Districts.
3. An approved Certificate of Appropriateness for Design, together with any conditions or limitations imposed by the Board, shall be in written form and attached to the Site Plan and/or the schematics submitted as part of the permit applications. Copies of the Certificate shall be kept on file with the Department of Planning and Development Services and shall be transmitted to the Chief Building Official. The applicant shall receive a copy of the Certificate of Appropriateness. When a Certificate of Appropriateness for Design has been granted by either the Board, the Director of Planning and Development Services, or the City Commission based upon an appeal in accordance with the regulations set forth in this Article, such grant shall become null and void unless the appropriate building or other permit or license is applied for within 24 months of the date of such decision by the Board, the Director of the Department of Planning and Development Services, or, if applicable, the City Commission. However, an extension of up to 24 months may be granted in the same manner as the initial request, provided an application for such extension is filed prior to the expiration of the original approval, upon a showing that there has not been a significant change in the circumstances influencing the original approval. If an extension has been granted or other permit or license, or the extension has been denied, then the applicant's Certificate of Appropriateness for Design shall become null and void then the applicant will be required to re-apply for any and all approvals necessary.
4. Certificate of Appropriateness for Demolition.
   1. Demolition of a historically designated building, structure, improvement or site may occur pursuant to an order of a government agency or a court of competent jurisdiction or, if granted, pursuant to an application by the owner for a Certificate of Appropriateness for the demolition of a designated historic building, structure, improvement or site.
   2. Government agencies, having the authority to demolish unsafe structures, shall receive notice of historic designation of individual buildings, structures, improvements or sites, districts or archeological sites pursuant to this section. The Historic Preservation Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by such government agency regarding demolition of historically designated structures or buildings. The Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the historically designated structure or building.
   3. A Certificate of Appropriateness for Demolition of designated Historic Buildings, structures, improvements or Historic Sites, as listed in the Historic Properties Database, shall only be considered by the Board following a public hearing. At least fifteen (15) days notice prior to the public hearing date, a description of the petition request, with the time and place of such hearing, shall be posted on the property by the property owner and mail notice shall be given to all the owners of properties lying wholly or partly within 500 feet of the land subject to said petition. If the Board determines the status of the property is Non-Historic, no further action is required and a Certificate of Appropriateness for Demolition shall be issued. If the Board determines that the status of the property is Historic, a recommendation by the Board shall be forwarded to the City Commission. The Board's recommendation shall be based upon the evaluation criteria set forth in subsection e. below.
   4. No permit for voluntary demolition of a historically designated building, structure, improvement or site shall be issued to the owner(s) thereof until an application for a Certificate of Appropriateness for Demolition has been submitted and approved pursuant to the procedures in this section. In determining its recommendation, the Historic Preservation Board shall be guided by the criteria set forth in subsection e. below.
   5. Evaluation criteria. The City Commission and the Board shall consider the following criteria in evaluating applications for a Certificate of Appropriateness for Demolition of buildings, structures, improvements or sites:
      1. The building, structure, improvement, or site is designated on either a national, state, or local level as an historic preservation district or an architectural landmark or site.
      2. The building, structure, improvement, or site is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense.
      3. The building, structure, improvement, or site is one of the last remaining examples of its kind in the neighborhood, the county, or the region.
      4. The building, structure, improvement, or site contributes significantly to the historic character of a historically designated district.
      5. Retention of the building, structure, improvement, or site promotes the general welfare of the city by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular culture and heritage.
      6. There are definite plans for reuse of the property if the proposed demolition is carried out, and those plans will adversely affect on the historic character of the Historic District.
      7. The Unsafe Structures Board has ordered the demolition of a structure or the feasibility study determines that the retention of the building would deny the owner of all economically viable uses of the property.
      8. The information listed in the Historic Properties Database (a listing of historic and non-historic properties) has been considered as a guideline in determining whether a Certification of Appropriateness for Demolition should be issued.
   6. City Commission decision for Certificates of Appropriateness for Demolition of a Historic Structure. After consideration of the Historic Preservation Board's recommendation, at a duly notice public hearing, the City Commission may grant, grant with conditions, continue, or deny an application for a Certificate of Appropriateness for Demolition of a Historic Structure, as provided in this section. The decision of the City Commission shall be based upon the criteria set forth in e. above. Should the City Commission grant a continuance for Demolition, the length of such continuance shall be determined and prescribed by the Commission based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The effective date of the stay shall be from the date of the Historic Preservation Board's public hearing.
   7. A building permit for the new construction must be issued prior to the issuance of a building permit for demolition.
   8. If the proposed demolition is for the purpose of constructing a parking garage, the Board shall only consider it if the parking garage is designed in a manner that is consistent with the Design Guidelines for Historic Properties and Districts, as amended from time to time, and/or the Design Review Manual for that particular district. If the district in which the property is located lists retail uses as an allowable use then the ground floor shall contain such uses. Historic buildings shall not be permitted to be demolished if the intended use is for an at-grade parking lot.
   9. Withdrawals or denial of applications for a Certificate of Appropriateness for Demolitions. Upon the withdrawal of an application after the initial public hearing by the applicant or the application is denied by the City Commission, a new application cannot be filed within 12 months of the date of the withdrawal or denial unless the decision of the City Commission is made without prejudice. The Historic Preservation Board and/or City Commission may permit withdrawals without prejudice at the time the application for such Certificate of Appropriateness is considered by the Board and/or City Commission.
   10. The Historic Preservation Board may require from the applicant a marker on the property which provides the historic background of the structure to be demolished.
   11. Fees. The amount of the application fee shall be set by resolution of the City Commission as that amount required to reimburse the city for all expenses associated with public notices and other administrative costs in connection with processing applications for a Certificate of Appropriateness for Demolition.

Historic Preservation Board and Planning and Development Board Joint Review of Projects shall only occur in accordance with Sections 5.4 and 5.5 of this Article.

1. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure which does not involve a change of design, appearance or material, and which does not require a building permit, or Certificate of Appropriateness for Demolition.
2. A building, structure, improvement or site that is the subject of an application for a Certificate of Appropriateness for Demolition shall not have its architectural features removed or destroyed prior to the Commission's decision. Owners of such property shall be required to maintain such properties in accordance with all applicable codes up to the time the Certificate of Appropriateness for Demolition is approved.
3. The owner of a designated historic structure or any structure within a Historic District, if such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep of such structure to ensure its perpetuation and to prevent its deterioration.

Upon a finding of the Special Master that the conditions or permits associated with the issuance of the Certificate of Appropriateness were violated, then the property owner shall be subject to one or a combination of the following:

1. Exact reconstruction of the portion(s) of the building that was improperly demolished.
2. Any fines and/or penalties relating to a finding by the Special Master that the Certificate of Appropriateness was violated, shall be in accordance with Chapter 36 of the Code of Ordinances and Chapter 162, Part I of the Florida Statutes, as amended from time to time.

The Historic Preservation Board shall have the authority to consider petitions relating to Variances for properties within the Historic District and for those properties designated as Historic Sites.

1. No Variance shall be authorized by the Historic Preservation Board unless the Board finds that the petitioner has shown that criteria a. through d. have been met or criteria e. is established, then the Variance shall be granted.
   1. That the requested Variance maintains the basic intent and purpose of the subject regulations including the Historic District Regulations, Design Guidelines for Historic Properties and Districts and Resolutions, particularly as it affects the stability and appearance of the city;
   2. That the requested Variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community;
   3. That the requested Variance is consistent with and in furtherance of the Goals, Objectives and Policies of the adopted Comprehensive Plan, as amended from time to time;
   4. That the need for requested Variance is not economically based or self-imposed; and
   5. That the Variance is necessary to comply with state or federal law and in the minimum Variance necessary to comply with the applicable law.
2. Decision of the Board. In exercising the above-mentioned power, the Board may grant the Variance, grant the Variance with conditions, stipulations and safeguards deemed necessary to protect adjacent properties and the public interest, or deny the Variance.
   1. If the Board grants the variance, the Board shall adopt a resolution setting forth the variance granted along with any conditions, stipulations, safeguards, or limitations prescribed by the Board. A copy of such resolution shall be mailed to the petitioner, and a copy shall be delivered to the City Clerk to be recorded in the Public Records of Broward County, Florida, and to any enforcing official involved. Such resolution shall be authorization for any approval, permit or license incidental to any use of land or buildings as set forth in the resolution. If the Board denies the variance, the Board shall adopt a resolution setting forth the reasons for denial.
   2. Time limit. When either the Board has granted a Variance, the Director of the Department of Planning and Development Services has granted an administrative Variance or the City Commission has granted a Variance based upon an appeal in accordance with the regulations set forth in this Article, such grant shall become null and void unless the appropriate building or other permit or license is applied for within 24 months of the date of such decision by the Board, the Director of the Department of Planning and Development Services or, if applicable, the City Commission. However, an extension of up to 24 months may be granted in the same manner as the initial request provided an application for such extension is filed prior to the expiration of the original approval, upon a showing that there has not been a significant change in the circumstances influencing the original approval. If an extension has been granted and the applicant has not applied for the appropriate building or other permit or license, or the extension has been denied, then the applicant's Variance shall become null and void and the applicant shall be required to re-apply for any and all approvals necessary.
3. Appeal of the Board's decision relating to Variances. Any appeal of a decision by the Historic Preservation Board for matters relating to Variance determinations within the historic districts, shall be made pursuant to § 5.7 of this Article.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2004-16, passed 6-16-04; Am. Ord. O-2005-06, passed 5-18-05; Am. Ord. O-2005-07, passed 5-18-05; Am. Ord. O-2006-37, passed 12-14-06; Am. Ord. O-2007-23, passed 7-17-07; Am. Ord. O-2009-39, passed 12-2-09; Am. Ord. O-2010-05, passed 2-17-10; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2016-21, passed 10-19-16; Am. Ord. O-2016-23, passed 11-2-16)

Except as provided in § 5.6 above, any appeal of a decision by the Boards must be made as follows:

1. The City Manager, or the Executive Director of the CRA when the decision involves a project within a CRA District, may file an appeal within ten days of the date of such decision or ruling. In computing the prescribed period of time, the day of the Board's decision or ruling from which the designated period of time begins to run shall not be included. If the tenth day falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. On the day following the Board meeting, the Division of Planning and Urban Design shall notify each member of the City Commission of a decision of the Board. Should the City Manager or the Executive Director of the CRA wish to appeal a decision of the Board, a notice must be filed with the Division of Planning and Urban Design within the aforementioned ten-day period. Upon receipt of such notice, the Division of Planning and Urban Design will notify the City Clerk who shall schedule the appeal before the City Commission. Public notice requirements shall be the same as those set forth in § 5.7.F. of this Article. Any member of the City Commission wishing to review a Board's decision shall follow the CRR procedure set forth in § 5.6 above.
2. Any person who appeared on the record at the Board meeting and who has filed written notice of his/her position prior to the Board's ruling may file an appeal of an adverse ruling as set forth in subsection A.5. below.
3. Any appeal filed pursuant to subsection A.1 or A.2 above must be made on a form provided by the Division of Planning and Urban Design and, if filed pursuant to subsection A.2 above, be accompanied by the applicable filing fee as established by resolution of the City Commission.
4. In the absence of any CRR or timely appeal pursuant to subsection A.1 or A.2 above, the decision or ruling of the Board shall be final.
5. Appeals brought pursuant to subsection A.2 above shall be processed as follows:
   1. An appeal of a ruling of the Board that results in the requested development being allowed to go forward as requested in the application shall be to a court of competent jurisdiction by petition for writ of certiorari within 30 days of the Board's decision.
   2. An appeal relating to a ruling of the Board that results in the requested development not being allowed to go forward shall be to the City Commission and must be filed within ten days of the date of such decision. In computing the prescribed period of time, the day of the Board's decision or ruling from which the designated period of time begins to run shall not be included. If the tenth day falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
   3. A reversal or modification of a ruling of the Board, including those relating to stipulations or conditions, shall require a five-sevenths vote of the City Commission. An affirmance of a ruling of the Board shall require a three-sevenths vote of the City Commission. All applicable criteria relative to the original petition shall apply.
   4. Once filed, an appeal pursuant to the provisions of this section may not be withdrawn without approval of the City Commission at a duly advertised public meeting.
6. When an appeal is filed, the appeal will be heard de novo and the same criteria applied by the Board below are applicable to the City Commission in hearing the matter.
7. An appeal of a City Commission decision shall be to the circuit court by writ of certiorari within 30 days of the City Commission's decision.

A Party of Interest aggrieved by an Administrative Decision of the Director of Development Services, excluding decisions pertaining to a site plan review, authorized under this Article, may file an appeal to the applicable Board, unless otherwise preempted by State Statute. Such appeal must be filed within 10 days of the notice of the administrative decision, shall be in writing, on a form provided by the Division of Planning and Urban Design, and shall specify the grounds for such appeal. The appeal form shall be accompanied by the applicable fee as established by resolution of the City Commission. Upon receiving an appeal from an administrative decision, the Division of Planning and Urban Design shall schedule a public hearing before the applicable Board. Notice of the public hearing shall be as prescribed in § 5.7.F B (4) of this Article. Administrative and DRC Site Plan decisions cannot be appealed.

1. Stay of proceedings. An appeal of an administrative decision by a party of interest, other than the City, shall not automatically stay proceedings in furtherance of the action appealed. However, an appellant may file a request to stay proceedings pending the appeal. Upon receiving such request for a stay, the Board, in its discretion, may grant, modify or deny such relief. The Board may in its discretion require the applicant to post a bond that complies with the requirements set forth in Rule 9.130, Florida Rule of Appellate Procedure, during the pendency of the appeal.
2. Decision of the Board. The applicable Board shall hold a public hearing on an appeal of an administrative decision by the Director of Development Services or designee, and may reverse or affirm, wholly or in part, or may modify the decision appealed as is deemed to be proper, and to that end shall have all the powers of the official from whom the appeal is taken. The Board shall adopt a resolution setting forth the action of the Board, including any requirement or interpretation made by the Board relative to the matter. A copy of the resolution shall be mailed to the appellant and submitted to the City Clerk. Such resolution shall be authorization for any approval, permit or license incidental to any use of the land or building as set forth in the resolution. The decision of the Board may be appealed to the City Commission pursuant to § 5.7.A. of this Article.
3. Protests. Protests, received by residents or landowners within 500 feet of a parcel which an Administrative Variance is requested, in response to a notice of an Administrative Variance, shall be received in writing within 10 calendar days of the date of mailing of the notice. Receipt of a written protest within the time limit shall prohibit any administrative approval and allow the applicant to file an application, together with the required fee, for the applicable Board approval and be placed on the next available Board agenda.
4. Notice. When notice is required for protests and appeals, the following shall apply:
   1. Notification to the party of interest and property owners within 500 feet of the subject property shall be mailed at least 15 days prior to the date of the public hearing.

1. Purpose. To provide for a limited extension of the effective period of development approvals issued by the City when third parties file challenges to such approvals, or file challenges to other permits or approvals issued for the development project, which challenges, if upheld, would prevent the developer from proceeding with the development as approved, in order to enable the property owner to have a reasonable time to develop the project after the third party challenge is concluded
2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DEVELOPMENT APPROVALS. Approvals for the development of real property in the City of Hollywood granted by the City, through its City Commission, Planning and Development Board, Historical Preservation Board, Development Review Committee, or other committee or individual with the authority under the Zoning and Land Development Regulations or Code of Ordinances to issue such approvals, including, without limitation, site plan approvals, variances, special exceptions and design review approvals, which approvals have an Effective Period as defined below.
   EFFECTIVE PERIOD. That period for which a Development Approval is valid as set forth in the City of Hollywood Zoning and Land Development Regulations, Code of Ordinances or in a resolution or ordinance granting a Development Approval.
   THIRD PARTY CHALLENGES. Challenges to permits or non-administrative approvals by the City or state or federal or local agency, or the South Florida Water Management District, filed by a party other than the City, or the developer or owner of the property for which such non-administrative approval has been granted, which challenges are prosecuted by writ of certiorari, by administrative judicial appeal, or by original action.
   PARTY OF INTEREST. Shall mean the applicant; federal; state; and/or county agencies.

3. Extension of the effective period of development approvals. When a third party challenge is filed, the Effective Period of the Development Approval for the property that is the subject of the challenge, shall be extended for a time period which is equal to the number of days of the time period beginning on the date that the third party challenge is filed and ending on the date that all appeal periods expire with respect to a final determination of the third party challenge.
4. Application. Development approvals granted subsequent to the effective date of this Article, as well as development approvals pending on the effective date of this Article, shall be eligible for the extension provided for herein.

When an appeal from a decision of a Board of the Division of Planning and Urban Design is filed, the following notice procedures shall be followed:

1. When notice and notification are required, the following shall apply:
   1. Notice of the public hearing shall be published at least ten days prior to the date of the public hearing in a newspaper of general circulation in the City.
   2. Notification to the appellant and property owners within 500 feet of the subject property shall be mailed at least 15 days prior to the date of the public hearing.
   3. Such notices and notifications shall state the date, time and place of the public hearing, and shall contain the legal description of any property subject to any action and, in substance, the matter to be heard.
   4. The mailing of notice to individual property owners, whose addresses are indicated on the records of the tax assessor to be within Broward County, as set forth in this Article, shall not be required in any change of zoning district involving 500 or more parcels, as indicated on the records of the assessor, provided that the City, in addition to publishing the required notice, shall publish, in conjunction with the required notice, in a newspaper of general circulation within the City, a map of the entire area affected by the petition with the existing and proposed zoning classification clearly indicated therein.

(Ord. O-2001-15, passed 5-16-2001; Am. Ord. O-2002-40, passed 11-6-2002; Am. Ord. O-2003-04, passed 2-19-2003; Am. Ord. O-2003-38, passed 11-5-2003; Am. Ord. O-2008-11, passed 6-4-2008; Am. Ord. O-2011-14, passed 5-4-11; Am. Ord. O-2025-06, passed 18-06-25)