This chapter shall be entitled and may be referred to as the Lauderdale Lakes Land Development Regulations ("LDRs").

These LDRs are enacted pursuant to the requirements and authority of F.S. ch. 163, pt. II (the Local Government Comprehensive Planning and Land Development Regulation Act), the general powers confirmed in F.S. ch. 166 (Home Rules Powers Act) and the Constitution of the state.

The purpose of the LDRs is to further implement the comprehensive plan of the city by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the city. The LDRs are adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the city.

It is the intent of these LDRs that the development process in the city be efficient, in terms of time and expense; effective, in terms of addressing the impacts on natural resources and public facilities of proposed development; consistent, in terms of adherence with established regulations and procedures, and equitable in terms of the rights of property owners and the consideration for the interests of the citizens of the city.

103.1.

General applicability. Unless otherwise permitted as an exception under section 103.2 or allowed to continue as a nonconforming use under chapter 12, all existing, proposed and new development or redevelopment and uses of land in the city shall conform strictly to the provisions of these LDRs. Except as expressly provided in these LDRs, no development and use of land and water shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of these LDRs. The fact that a development order, permit or decision has been issued by an officer or employee with apparent, but not actual, authority over the interpretation or enforcement of these LDRs shall not stop or otherwise prevent the city from the strict enforcement of the provisions of these LDRs.

103.2.

Exceptions.

103.2.1.

The provisions of these LDR's and any amendments hereto shall not affect development which has been previously approved and is otherwise exempt in accordance with the provisions of this subsection, or the nonconformity section of this Code.

103.2.2.

The provisions of these LDR's shall not affect development for which a building permit has duly been issued on or before the effective date of these LDR's, provided that such building permit was lawfully issued and remains in full force and effect. Upon completion of such development, each development will be subject to the provisions of this Code.

103.3.

Vested rights.

103.3.1.

Procedure for vested rights determination. Except as provided for in section 103.3.2 below, any property owner claiming to have rights vested under this section shall file an application with the city manager for a vested rights determination within one year after the effective date of these LDRs (as to any claim of vested rights prior to initial adoption) or within 120 days after an amendment to this section (as to any claim of vested rights arising after the initial adoption of these LDRs).

The application shall be accompanied by a fee of $1,500.00 and contain all testimony and evidence forming the basis upon which the vested rights are asserted. The city manager shall review the application, and based upon the evidence and testimony submitted, shall make a determination within 120 days as to whether the property owner has established vested rights. The city manager's decision may be appealed only by the original applicant to the city commission by written notice of appeal filed with the city manager within ten days after the city manager's written determination is issued.

The city manager is authorized to enter into a vested rights determination agreement describing the applicable development criteria by which the rights are vested. The city manager may administratively grant variances from these LDRs as part of the vested rights determination agreement, but only to the extent that the applicant would have had been entitled to a use, bulk or intensity of development as a use-by-right under the development regulations in force at the time that the vested rights were created. The city manager shall not issue any variance that poses a threat to the public health, safety or welfare or potentially creates a nuisance or hardship to other landowners.

103.3.2.

Expedited vested rights determination. Any landowner asserting vested rights by virtue of:

1.

A valid court order by a court with competent jurisdiction;

2.

A vested rights determination issued by the Broward County Planning Council; or

3.

A vested rights determination issued by the Florida Department of Community Affairs shall file an application with the city manager for a vested rights determination within one year after the effective date of these LDRs as to any claim of vested rights prior to initial adoption.

The application shall be accompanied by a fee of $500.00 and contain all testimony and evidence forming the basis upon which the vested rights are asserted. The city manager shall review the application, and based upon the evidence and testimony submitted, shall make a determination within 60 days as to whether the property owner has established vested rights. The city manager's decision may be appealed only by the original applicant to the city commission by written notice of appeal filed with the city manager within ten days after the city manager's written determination is issued.

The city manager is authorized to enter into a vested rights determination agreement describing the applicable development criteria by which the rights are vested. The city manager may administratively grant variances from these LDRs as part of the vested rights determination agreement. The city manager shall not issue any variance that poses a threat to the public health, safety or welfare or potentially creates a nuisance or hardship to other landowners.

103.3.2.

Modifications to vested development orders. Any development order determined to be valid and vested pursuant to any provision of these LDR's or pursuant to any vested rights procedure pursuant to the Code of Ordinances may be modified and approved by one of the following procedures: 1) administrative approval by the community development department director, or 2) final site plan approval by the city commission.

a.

Modifications to vested development orders requiring administrative approval. Notwithstanding anything to the contrary in these LDR's, the following changes shall be approved administratively by the community development director after review by the development review committee. The subject developments, as changed, may then proceed according to the development standards in effect at the time the vested rights were established.

(1)

Any decrease in the number of dwelling units in a zoning parcel.

(2)

Any site plan exemption listed in section 511.2, "Exemption development."

(3)

Any site plan exception listed in section 511.2.1, "Exceptions," sections "a" through "e" only.

(4)

Minor amendments and alterations to approved conditional uses pursuant to section 503.9.

(5)

Changes to utilities, rights-of-way, bicycle and pedestrian paths, water bodies, open space areas, landscaped areas, signs and amenities.

Any change set forth in this subsection that is also identified in section 103.3.3(b) shall be governed by that later provision.

b.

Modifications to vested development orders requiring final site plan approval. The following changes shall be required to obtain final site plan approval pursuant to section 511. The proposed changes shall be required to comply with the development standards in effect at the time the project received final site plan approval by the city commission. The unbuilt portions of the applicable zoning parcel sought to be modified shall be required to comply, in its entirety, with the aforementioned development standards; however, the changes shall not be applied to other specifically delineated parcels within a master planned development and/or plat which are not being modified.

(1)

Any change in zoning district.

(2)

Any increase in the number of dwelling units within a zoning parcel.

(3)

Any decrease in the setbacks of proposed structures.

(4)

Any decrease in the landscape area or open space area within a zoning parcel.

(5)

Any increase in the height of a structure.

(6)

Any decrease in the number of parking spaces.

(7)

Any change to a vested development order which materially affects the development of the entire unbuilt portion of a zoning pod/parcel.

The city is divided into zones or districts, as shown on the official zoning map and described in the LDRs. The zoning map, together with all explanatory matter thereon, shall be considered a part of the LDRs. The zoning map is the official record of zoning status of areas within the city. A copy shall be maintained in the community development department.

(1)

Amendments to the zoning map. Amendments to the official zoning map shall be made in accordance with the procedures and standards of the LDRs.

(2)

Recording amendments to the zoning map. Within a reasonable period of time after any amendment to the zoning map, the change shall be posted on the zoning map.