301.1.

Powers and duties. In addition to any authority granted to the city commission by state law, the City Charter, or the City Code, the city commission shall have the powers and duties listed herein in regard to the LDRs. The city commission's authority shall include but not be limited to approval, approval with conditions, or modifications or denial.

(a)

To take such action deemed desirable and necessary to implement the provisions of this Code and the comprehensive plan.

(b)

To adopt and amend the official zoning map in accordance with the procedures outlined herein.

(c)

To adopt amendments to the text of the LDRs.

(d)

To review applications for conditional uses.

(e)

To review applications for certain temporary uses.

(f)

To review variances from the development standards of these regulations.

(g)

To hear and determine appeals from levels of service compliance in accordance with the procedures of this chapter.

(h)

To review final plats prior to recording in accordance with the procedures outlined herein.

(i)

To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, determination made by any administrative official acting pursuant to the LDRs, except where state or city regulations or these LDRs specifically provide otherwise.

(j)

To review applications for development approval for developments of regional impact (DRI) and to issue development orders.

(k)

To enter into development agreements.

(l)

To review plat revisions.

(m)

Approve vested rights determination agreements.

(n)

To review and approve site plans as provided for in section 511, unless exempt under sections 511.2 and 511.2.1.

302.1.

Local planning agency—Powers and duties. This division is enacted pursuant to, and in accordance with, the provisions of F.S., Chapter 166 and § 163.3161 et seq., the Community Planning Act.

302.2.

Designation and establishment. Pursuant to, and in accordance with, F.S. Chapter 166 and § 163.3174, the planning and zoning board of the city is hereby designated and established as the local planning agency for the incorporated territory of the city. The planning and zoning board, in accordance with F.S. §§ 163.3161—163.3211, shall:

(1)

Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the city;

(2)

Coordinate the comprehensive plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state;

(3)

Recommend the comprehensive plan or elements or portions thereof to the city for adoption; and

(4)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city such changes in the comprehensive plan as may be required from time to time; and

(5)

Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law.

302.3.

Powers and duties. The planning and zoning board shall have the powers and duties listed herein in regard to these LDR's. The planning and zoning board shall act as an advisory board to the city commission on the following matters:

(1)

To review and make recommendations to the city administration and city commission in regard to adoption and amendment of the official zoning map.

(2)

To review and make recommendations to the city commission on the applications for conditional uses.

(3)

To review and make recommendations to the city commission on the applications for variances.

(4)

To review and make recommendations to the city commission on the applications for site plan approvals.

(5)

To make recommendations to the city administration and city commission regarding revisions to this Code.

(6)

To review and make recommendations to the city commission on any other matter referred to it by the city commission.

302.4.

Organization. An organizational meeting of the planning and zoning board shall be held on the fourth Thursday in January of each year, or as soon thereafter as practicable, for the purpose of electing officers for the following year. A chairperson and vice-chairperson shall be elected for terms of one year by the board from its membership. A member may be re-elected as chairperson or vice-chairperson to serve no more than two consecutive one-year terms.

302.5.

Public meetings and records. All meetings of the planning and zoning board shall be public meetings and all agency records shall be public records. The planning and zoning board shall encourage public participation.

302.6.

Funding. The city shall appropriate funds at its discretion for the planning and zoning board for expenses necessary in the conduct of its work. The planning and zoning board may, in order to accomplish the purposes and activities required by F.S. § 163.3161 et seq., Community Planning Act, expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; provided acceptance of loans or grants must be approved by the city commission.

302.7.

Qualifications of members. It is the intent of the city commission to establish such statutory boards, committees and commissions, as required, to act in an advisory capacity, to provide for the orderly growth and development of the city which fosters a balanced natural, physical and economic environment and enhances the quality of life of the residents of the city. All members shall possess a reputation for integrity, commitment, civic activism or accomplishment, in addition to the skills, knowledge, professional expertise, or business ability directly related to providing effective service to the board, committee or commission.

302.8.

Residency requirement. Each member of a board, committee or commission of the City of Lauderdale Lakes shall be a resident of the city. In the event an appointed member shall thereafter become a nonresident, as determined by the city, such shall be deemed a resignation by the member from the board, committee or commission and shall thereby create a vacancy on the board, committee or commission, which vacancy shall be filled by the appointing mayor or commissioner, not later than 45 days from the date of such vacancy.

302.9.

Appointment; composition; number.

(1)

The planning and zoning board shall consist of five members appointed by the city commission each appointed for one term to run concurrently with the appointing mayor or commissioner.

(2)

Each member of the city commission shall nominate one member for appointment to the local planning agency, subject to the approval by a majority vote of the city commission. Should a commissioner be unable to identify an appointment, the mayor may make a nomination, subject however to approval and confirmation by the city commission.

(3)

Two alternate members shall be nominated by the mayor-at-large.

(4)

A member may be reappointed upon approval of the city commission.

(5)

Appointments to fill any vacancy in the local planning agency shall be for the remainder of the unexpired term of office.

302.10.

Meetings. The city's statutory boards, committees and commissions shall meet in accordance with the requirements of applicable law and the annual meeting schedule established by city commission.

302.11.

Quorum. The presence of three or more members of the board shall constitute a quorum.

302.12.

Rules of procedure. The planning and zoning board shall be governed by Robert's Rules of Order, Newly Revised, and all applicable laws.

302.13.

Attendance. If any member of a statutory board, committee or commission shall fail to attend three scheduled meetings within a 12-month period due to an unexcused absence, the chair of the board, committee or commission shall declare the member's office vacant, and the city commission shall promptly fill such vacancy. Members of the boards, committee or commission shall notify the chair with advance notice of not less than 24 hours of any reasonably anticipated absence in order for such absence to be deemed an excused absence. The chair of the board, committee or commission may not excuse any member for more than three meetings in any calendar year.

302.14.

Removal of members. The mayor or city commissioner appointing a member to a statutory board, committee or commission shall have the continuing and exclusive right and responsibility to assess the member's performance, including attendance of members, and remove the member so appointed and to appoint another member as often as the mayor or appointing commissioner shall deem appropriate in order to facilitate the business of the board. Upon such removal or appointment, the same shall be deemed effective upon confirmation of the removal or appointment by the city commission, which shall be deemed a purely ministerial act.

(Ord. No. 07-25, §§ 2, 3, 9-25-2007; Ord. No. 2017-008, § 2, 4-11-2017; Ord. No. 2021-019, § 3, 12-28-2021)

303.1.

Creation and purpose. There is hereby established a development review committee (DRC) in order to facilitate communication between departments responsible for development review.

303.2.

Powers and duties. The development review committee shall:

(a)

Review and render recommendations on applications for development, conditional uses, level of service compliance, plats, development agreements and site plans.

(b)

Act as the land development regulation commission pursuant to F.S. §§ 163.3164 et seq., so as to develop and recommend to the city commission land development regulations, or amendments thereto.

303.3.

Membership. The development review committee shall be composed of representatives of the city's community development department, public works department, police department, fire department, and parks and recreation department. The city manager shall approve the designation of each department's representatives. The city manager may appoint other staff members to the DRC as necessary to carry out its duties and responsibilities.

The community development director shall serve as the chairman of the DRC to preside over its meetings, document the proceedings and shall have the duty to promulgate and propose to the city manager, on an as-needed basis, procedural regulations to implement this section. The chairman may request the participation of professional experts and a representative from an adjacent municipality or from a county, regional or state agency if it is determined that a proposed development would impact the adjacent municipality or if the other agencies and/or professional experts can provide expertise concerning the proposed development.

303.4.

Meetings, procedure.

303.4.1.

Regular meetings of the development review committee shall be held according to a schedule as established from time to time by the chairman.

303.4.2.

The chairman shall prepare written summaries which include the date, members present and the recommendations of the committee.

303.4.3.

The applicant and its representatives may be invited by the chairman.

303.4.4.

The development review committee shall make its recommendations in writing.

304.1.

Intent. It is the intent of the city to provide an equitable and efficient manner for the city to hear matters which are considered quasi-judicial in nature. Notwithstanding other provisions in the City Code, sections 304.1 through 304.4 [of this section] provide the city's procedures to be utilized for quasi-judicial proceedings. These procedures shall be utilized by the planning and zoning board and the city commission in regards to hearings on quasi-judicial matters in which the applicable body is the final authority.

304.2.

Definitions. As used in this article, the terms listed below shall be defined as follows:

Affected person means a person (or persons), natural or corporate, who is the owner of the subject property or who owns property within 300 feet of the subject property as listed in the records of the county property appraiser, or who resides in or operates a business within 300 feet of the subject property.

Board means the planning and zoning board of the city.

City commission means the City Commission of the City of Lauderdale Lakes.

Party or parties means the petitioner, city, and any affected person who has requested to be heard at the proceeding.

Quasi-judicial in nature means the application of a general rule or policy to specific individuals, interests, or activities.

Quasi-judicial proceeding means hearing held by board or commission to adjudicate private rights of a particular person after a hearing which comports with due process requirements, and makes findings of fact and conclusions of law on the issue.

Site specific means an individual piece of real estate which can be clearly defined by street address, legal description or similar means at a single identifiable location.

304.3.

Quasi-judicial matters.

304.3.1.

For the purpose of this article, the following planning and zoning matters, where a final determination is made by the city commission, shall be considered to be quasi-judicial:

(a)

Site specific rezoning;

(b)

Conditional use approval;

(c)

Variances, including, but not limited to: trees, signs, setback, distance requirements between buildings or other variances permitted by this chapter;

(d)

Development of regional impact

(e)

Any other development approval deemed to be quasi-judicial by the city attorney.

304.3.2.

All quasi-judicial proceedings before the city commission shall be held immediately following the closing of the final public hearing related to the matter. Notwithstanding other provisions of the City Code, the planning and zoning board shall follow the procedures of this article in hearing all matters before the board when the board has final authority.

304.4.

Procedures for quasi-judicial proceedings.

304.4.1.

Ex-parte (oral) communications. Board and commission members should avoid ex-parte communications where they are identifiable. However, it is recognized that in reality, commissioners are elected officials and board members are appointed officials who may unavoidably be recipients of unsolicited ex-parte communications regarding quasi-judicial matters for which the board or commission will be required to decide. Any ex-parte (oral) communications which are made to any board or commission member with regards to any quasi-judicial matter by any person who has a direct or indirect interest in the proceeding, or by any authorized representative or counsel, shall be reported in writing and become part of the record of the proceedings. The report of the incident shall include the identification of the person(s) involved in any ex-parte communication and a description of the substance of the communication and any response. At the proceeding, the party(ies) responsible for the ex-parte shall have the opportunity to contest the accuracy of the communication and may be required to prove absence of prejudice.

304.4.2.

Notification.

(a)

At least seven calendar days prior to the proceeding, city shall provide a legal advertisement to be published in a newspaper of general paid circulation in Broward County and of general interest and readership in the community, not one of limited subject matter. Said notice shall state the name of the petitioner for the requested action, the date and time of the proceeding and the location where the petition and any back up information may be reviewed. In addition, the notice shall:

(i)

Inform all affected persons that they will be allowed to present evidence at the hearing, bring forth witnesses, and cross-examine witnesses; and

(ii)

Notify affected persons, as defined in section 304.2 of this Code, that they must file the required forms provided in the city clerk's office.

The forms when completed must include disclosure of witnesses or anyone providing sworn testimony and notice of their intent to appear at the proceeding.

(b)

No later than five calendar days prior to the proceeding, a mail notice containing the same information as the legal advertisement shall be sent to each real property owner within 300 feet of the subject property as each is listed in the latest ad valorem tax records of Broward County. Mail notice may be provided by bulk mail, first class mail or certified mail, return receipt requested.

(c)

All cost for notification shall be paid by the petitioner.

(d)

Any affected person desiring to testify at the proceeding shall complete the required forms provided in the city clerk's office notifying the petitioner and city of their intent to appear at the proceeding to testify and cross-examine witnesses. The affected person shall indicate whether he or she is for or against the petition. The affected person must indicate how he or she qualified as an affected person. In addition, the affected person must disclose witnesses or anyone providing sworn testimony, including consultants and expert witnesses. The required form must be completed and returned to the city clerk's office no later than noon the day before the proceeding.

(e)

The petitioner shall complete the required forms provided in the city clerk's office. The form when completed must include disclosure of witnesses or anyone providing sworn testimony, including consultants and expert witnesses. The required form must be completed and returned to the city clerk's office no later than 12:00 noon the day before the proceeding.

304.4.3.

Presentation of evidence.

(a)

All persons testifying before the board or commission must be sworn in. The petitioner, members of the board or commission and any affected person who has provided notice that it intends to appear at the proceeding shall be given the opportunity to question or cross-examine any witnesses.

(b)

All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible, whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.

(c)

Hearsay evidence may be used for the purpose of corroborating, supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.

(d)

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(e)

A party shall be entitled to conduct cross-examination when testimony is provided or documents are made a part of the record.

(f)

The office of the city attorney shall represent the board or commission and advise as to the propriety and admissibility of evidence presented at the proceeding.

304.4.4.

Procedures for quasi-judicial proceedings. The proceedings shall be conducted in an informal manner. Each party shall have the right to do the following:

(a)

To call and examine witnesses;

(b)

To introduce exhibits;

(c)

To cross-examine opposing witnesses on any relevant matter; and

(d)

To rebut evidence.

304.4.5.

Conduct of quasi-judicial proceedings. To the extent possible, the following shall be the order of the proceedings:

(a)

Call the proceeding to order and announce the beginning of the proceeding. A majority of the board or commission members must be continuously present during the proceeding.

(b)

The matter to be heard and the rules concerning the admissibility of evidence should be announced.

(c)

Statements of counsel shall only be considered as argument and not be considered as testimony, unless:

(i)

Counsel shall announce that counsel's testimony is fact-based, and counsel established a predicate therefore, or

(ii)

Said testimony is provided as "expert testimony".

Counsel for parties shall not be subject to cross-examination. The board or commission shall have the authority to refuse to hear any testimony which is irrelevant or repetitive.

(d)

City staff shall present its report on the matter as well as any comments. This report shall include, but not be limited to, a description of the request of the petitioner; a description/background related to the petition; an analysis which includes the consistency with the city's comprehensive plan, if applicable, and how the petition does or does not meet the requirements of the City Code; a listing of the exhibits to be presented; a listing of potential witnesses; a summarization of the issues; and the staff recommendations. The staff recommendation shall include specific findings in support of justifying a recommendation for approval or denial of the petition.

(e)

Petitioner, or his or her representative shall make a presentation. The petitioner should include a description of the nature of the petition if there is additional information that has not been provided by city. In addition the petitioner shall introduce any exhibits and witnesses.

(f)

Parties who are in support of the petition shall make their presentations. A party in support shall introduce any exhibits and witnesses.

(g)

Parties who are in opposition of the petition shall make their presentation. A party in opposition shall introduce any exhibits and witnesses.

(h)

Staff shall provide any response to any other party to the proceeding.

(i)

After each witness testifies or documents are made a part of the record, a party shall be permitted to question the witness. The questioning party is not permitted to make any statements, only to ask questions which are directly related to the testimony presented.

(j)

Final presentation by petitioner in response to any testimony from other parties.

(k)

Final presentation by city in response to any testimony from other parties.

(l)

At the discretion of the board or city commission, the petitioner may be permitted to respond to final staff recommendations.

(m)

The board or commission shall deliberate on the petition. No further testimony shall be taken and the members shall not ask further questions of persons presenting testimony. The board or commission shall discuss the evidence that was presented at the proceeding and vote on the petition.

304.4.6.

Final determination by board or commission. In reaching a determination as whether to grant or deny the petition, the board or commission shall:

(a)

Consider whether the petitioner's request is consistent with the city's comprehensive plan, if applicable, and

(b)

State with specificity the reasons for the approval or denial of the petition. Said approval or denial may reference the staff report. If an ordinance is required to be adopted by the city commission, the ordinance shall be the final action of the city; otherwise a final order shall be prepared.

(c)

State whether or not the order is to be recorded in the public records of Broward County.

304.4.7.

Preparation of the order. The city attorney's office shall prepare the final order of the board or commission based upon the determination. The final order shall include, but not be limited to, the finding of facts, any conditions, requirements or limitations on the approval of the petition, and whether or not the order shall be recorded in the Broward County public records. If an ordinance is required to be adopted upon approval of an action by the commission, a final order will not be prepared, unless the petition is denied. If the order is to be recorded in the public records of Broward County, the petitioner shall pay the cost for the recording.

304.4.8.

Continuances and deferrals. If, in the opinion of the board or commission, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the board or commission shall continue the case to a designated time to allow for the additional research or review. After the decision is made to continue, the date to which the proceeding shall be continued shall be announced at the proceeding.

304.4.9.

Transcription of quasi-judicial proceedings.

(a)

The official transcript of a proceeding shall be preserved by tape recording or other device. Nothing precludes the party from providing a court reporter for the proceeding if the board or commission has not done so.

(b)

A party to the proceeding may request that all or part of the transcript of the proceeding be transcribed into verbatim written form. In such case, the person requesting the transcript shall be responsible for the cost of production of the transcription.

304.4.10.

Maintenance of evidence and other documents. The office of the city clerk shall retain all of the evidence and documents presented at the proceeding, except for large scale exhibits which shall be retained by the department of community development, all which become a part of the public record of the proceeding.

304.4.11.

Appeal of final determination by board or commission. The final determination of the board or commission is subject to judicial review in a court of competent jurisdiction.

(Ord. No. 2023-004, § 3, 5-23-2023)