501.1.

Who may file. An application for approval of a development permit may be filed only by the owner of the land affected by the development permit or an agent of the owner specifically authorized by the owner to file such an application. In the case of an amendment to the comprehensive plan or official zoning map, an application may be filed by the property owner or the city.

501.2.

Application requirements. Every application for a development permit shall be in a form specified by the community development department and shall be accompanied by a fee, or commitment for cost recovery, as established from time to time by the city, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or such additional information that may be requested by the community development director.

501.3.

Preapplication conference. The community development director shall, upon request of the applicant, schedule and hold preapplication conferences for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Formal application or filing of an application and plans with the community development department is not required for the preapplication conference. Failure of staff to identify any requirements at a preapplication conference shall not constitute waiver of the requirement by the decision-making body.

501.4.

Filing of applications. The community development director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the community development department shall be reviewed to determine whether the application is complete. The community development director or his/her designee shall forward a copy of the application to the development review committee members and other agencies as applicable for their review of completeness and review per the duties of the DRC.

If an application is incomplete, the community development department shall notify the applicant in writing of the deficiencies. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review.

501.5.

Public hearing and notices procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. § 163.3184(15) for a change to the city's adopted future land use map, F.S. § 166.041 for adoption of ordinances and resolutions, and the city's quasi-judicial legislation as may be amended.

501.6.

Rescheduled meeting dates. Meetings may be continued to a date certain without further notice except as provided for by F.S. ch. 166.

501.7.

Examination and copying of application and other documents. At any time during normal business hours of the city, upon reasonable request, any person may examine an application for development approval and materials submitted in support of or in opposition thereto. Copies of such materials shall be made available upon prepayment of the appropriate fee and within a reasonable time.

501.8.

Resubmission of applications after denial. An application for development approval may not be resubmitted for reconsideration to the city commission or planning and zoning board for a period of one year after the date on which an application for the same development approval has been denied by the planning and zoning board or city commission.

501.9.

Reliance on information presented by applicant. The city and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his agent, in review of an application for development approval issued.

501.10.

Application annulment. If an applicant fails to act upon a submitted application within a 90-day period after receiving written comments from the community development department, the application will be deemed null and void. The community development director may extend the 90-day requirement if reasonable progress is being made in revising the application.

501.11.

Courtesy notices. The following public notices shall be provided in addition to any legally required notice by state statute. These notices are provided as a courtesy to any party which may be affected by a development application for the purpose of notifying those parties of the application and their ability to review submitted information and participate in public hearings.

The cost and responsibility of providing the notice for this section shall be the sole responsibility of the property owner or the designated agent. The community development department shall approve the text and format for all required posted and mailed notice prior to its completion. Prior to the scheduled hearing, the property owner or agent shall submit a copy of the actual mailed notice and sign text, the list of all property owners notified by mail, and a written affidavit on a form provided by the city which certifies that the requirements of this section have been complied with. Failure to comply with the provisions of this section in a timely manner may result in a postponement of the scheduled hearing until the notice is complete.

501.11.1

Affected development applications. The following development applications as defined by this Code shall be subject to the notice provisions of these regulations:

(a)

Variances.

(b)

Conditional uses.

(c)

Site plans subject to quasi-judicial.

(d)

Plats.

(e)

Site specific rezonings including master zoning plans.

(f)

Development of regional impact applications and substantial deviation determinations.

501.11.2.

Posted notice. A sign which clearly explains the pending application shall be posted on the property in a prominent location so it is conspicuous from an adjoining roadway or property line, or at such other location as designated by the city to ensure maximum exposure of the sign to the public. The sign shall be a minimum of 12 square feet in area with approximate dimensions of three feet by four feet, the bottom of the sign shall be mounted approximately three feet above the adjacent road crown elevation or ground, whichever is higher, and the letters of the text shall be minimum of three inches in height.

(a)

The sign shall contain the following information:

(1)

A description of the application in layman's terms, including the type of approval requested, the specific use of the property if available, and the application number.

(2)

A statement that information regarding the application, including meeting dates and a written report may be obtained from the community development department. A statement that a community meeting (when required) will be held. The department's phone number shall be included on the sign.

(b)

The sign shall be posted at least 14 days prior to the first scheduled public hearing if a community meeting is not required, or 14 days prior to the community meeting if a community meeting is required.

(c)

The sign shall be removed within 14 days of the application's final hearing.

501.11.3.

Mailed notice. A notice shall be mailed to nearby property owners. The notification area shall be from the perimeters of the subject property. The list of owners shall be compiled from the records of the Broward County property appraiser's office. A commercially available computerized listing of these records may be used to obtain the current address providing the source of information is at least as up to date as the property appraiser's records. If a condominium building is within the required notice limits, notice shall be sent to the condominium association as well as each unit owner in the subject building. If property within an adjacent governmental jurisdiction is within the notice limits, notice shall be sent to the clerk of the affected unit of government; notice shall not be required for each parcel of land within the adjacent jurisdiction. Mailed notice shall at a minimum be delivered by first class service. Envelopes used for mailed notice shall contain the city's return address. Envelopes may be provided by the city.

(a)

The mailed notice shall contain the following information:

(1)

A description of the application in layman's terms, including the type of approval requested, and the application number.

(2)

A statement that information regarding the application, including meeting dates and a written report may be obtained from the community development department. A statement that a community meeting (when required) will be held. The department's phone number shall be included in the notice.

(3)

A graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

(b)

The notice shall be postmarked at least 14 days prior to the first scheduled public hearing if a community meeting is not required, or 14 days prior to the first scheduled public hearing if a community meeting is required. One mailed notice may be used to notify all scheduled hearings.

(c)

Mail notice shall be mailed to all property owners within the notification area as defined above using the following distances:

501.11.4.

Continuance and deferrals. The commission and or board may continue or defer a scheduled public hearing to a date and time certain without further notice provided the date and time of the continuance or deferral is announced by the commission or board at the scheduled meeting.

501.12.

Restriction upon variance and other development applications. Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, conditional use, temporary use, new use or site plan approval (the "approval") related to such work or to such use may be considered by the city commission, unless the zoning violation which resulted from the conduct of such work or the establishment or conduct of such use, is first abated and removed, so as to remedy the violation of the city's LDRs. Abatement and removal is required prior to the application being heard by the city commission.

Under those circumstances in which a permit or development order was issued for the conduct of work or the establishment or conduct of a use, but which nevertheless gives rise to the necessity for an approval application because of non-compliance with permit or development order conditions or otherwise, no approval application shall be heard by the city commission unless the applicant has first posted with the city a satisfactory surety or cash bond. The bond shall be in a form approved by the city attorney, in an amount of penal sum approved by the city manager, and shall provide for removal of the structure, facility or the cessation of the use which gave rise to the zoning violation necessitating the approval application, upon denial of the application.

501.13.

Quasi-judicial proceedings. All applications identified under section 304.3.1, shall comply with the city's quasi-judicial legislation.

501.14.

Time limit. Except for a rezoning, within 18 months after the city commission takes affirmative action approving an application for a site plan approval, variance, conditional use approval, or other quasi-judicial zoning approval, the approval must be utilized in accordance with its terms. A rezoning is valid until amended or revoked by the city commission. In the event that an approval is not timely utilized, the approval by the city commission shall automatically expire and shall be considered void and of no effect. When taking affirmative action to approve an application, the city commission may extend the time limitations set forth above, by specifically authorizing a longer period of time for utilization of the approval. Additionally, the city commission may grant a time extension for utilization of the approval upon a showing of good cause in an application for extension of time filed prior to the expiration of the initial time period.

An approval shall be deemed to have been utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon and the development to which such approval is an integral part is progressively and continuously carried to conclusion.

501.15.

Prior approvals. All approvals which have been granted prior to the effective date of this chapter, shall be null and void and of no further force or effect if not utilized within one year after the effective date of this chapter, unless vested rights are demonstrated pursuant to section 103.2. The foregoing provision of this paragraph shall not apply if the governmental resolution granting the approval expressly established a specific time limitation for utilizing the approval. In such instances, the time limitation established by such resolution shall prevail.

(Ord. No. 2023-004, §§ 4, 5, 5-23-2023)

502.1.

Purpose. Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the comprehensive plan. These uses are permitted as of right, subject to the required permits and procedures described in this section. Permitted uses require final site plan review and approval for compliance with the standards applicable to a particular permitted use as provided in these LDRs.

502.2.

Permits required. Except as explicitly provided herein, no use designated as a permitted use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits which may include; final plat approval, site plan approval, a building permit and a certificate of occupancy, all pursuant to the requirements of these LDRs.

(Ord. No. 2023-004, §§ 4, 5, 5-23-2023)

503.1.

Purpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the city as a whole, require individual review as to location, design, configuration, and/or operation for the particular use at the particular location proposed, as well as the imposition of individualized conditions in order to ensure that the use is compatible with the surrounding neighborhoods and appropriate at a particular location.

503.2.

Application requirements. No use designated as a conditional use shall be established until after such use has received approval under the provisions of this section and has received all other permits required by these LDRs. An application for conditional use approval shall be filed with the community development department on forms provided. The application shall include:

(a)

A preliminary site plan, meeting the technical requirements for a final site plan, unless the site is an exempt or excepted development pursuant to section 511.

(b)

An application fee and commitment to cost recovery, as may be established from time to time by the city commission.

(c)

A written and graphic summary of the proposed project and its relationship to the general standards of review in section 503.3 of this Code.

(d)

Ownership affidavit and owner's sworn to consent, if applicable.

(e)

Current certified survey.

503.3.

General standards of review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses shall meet each of the following standards:

(a)

The proposed use shall be consistent with the comprehensive plan;

(b)

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare;

(c)

The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use;

(d)

Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the city's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs;

(e)

Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets;

(f)

The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and

(g)

The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria.

(h)

The city commission finds that the granting of the application will be in the best interest of the city.

503.4.

Review by DRC. A complete application which is submitted pursuant to a schedule drawn up by the community development director shall be reviewed at the next available DRC meeting. The DRC shall determine whether the proposed use complies with the general standards of review and use regulations and development standards of this Code, and all other applicable development regulations. The DRC chairman shall submit a written report, incorporating the findings of the development review committee, to the planning and zoning board and city manager.

503.5.

Meeting of the planning and zoning board. The planning and zoning board shall conduct a public hearing in which they discuss the DRC report and the project proposal, prior to making a recommendation concerning the project to the city commission. If the planning and zoning board determines that the proposed use is in compliance with general standards of review and use regulations and development standards of this Code, then they shall recommend approval of the conditional use to the city commission, with or without conditions, as determined appropriate. If the planning and zoning board finds that the proposed conditional use is not in compliance, they shall recommend denial of the application. The planning and zoning board may continue the matter until the requested additional information or studies have been completed and offered in testimony.

503.6.

Review by city commission. The city commission shall review all conditional use applications. The community development director shall transmit to the city manager a copy of the complete application and a written staff report summarizing the facts of the case including all relevant documents and the recommendations of the planning and zoning board, if applicable. The city manager shall schedule the proposed conditional use application for the next available commission meeting providing the required notice procedures are met.

503.6.1.

Public hearing. The city commission shall hold one public hearing on the proposed conditional use.

503.6.2.

Action by city commission. In considering a conditional use request the city commission shall review the proposed conditional use, the general purpose and standards of review set forth in this section, the report of the administration and recommendation(s) of the planning and zoning board, and any oral and written comments received before or at the public hearing. based upon the record developed at the public hearings, the city commission may:

(a)

By resolution adopt the proposed conditional use, with or without conditions;

(b)

By resolution deny the proposed conditional use; or

(c)

Refer the matter to the planning and zoning board or administration for further consideration.

503.7.

Conditions. The city commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in section 503.3 general standards of review and to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: architectural design guidelines; limitations on size, bulk and location; duration of construction period; requirements for landscaping, signage, outdoor lighting, and the provision or limitation of ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts. The city commission may also require formal approval of a final site plan prior to issuance of building permits.

503.8.

Effect of approval or denial.

503.8.1.

Eligibility to apply for building permit, etc. Approval of the application for conditional use by the city commission authorizes the applicant to proceed with any necessary applications for final site plan approval, building permits, certificates of level of service, and other permits, which the city may require for the proposed development. No permit shall be issued for work, which does not comply with the terms of the conditional use approval.

503.8.2.

Expiration of conditional use approval. Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain site plan approval or a building permit for the proposed development within 12 months after the date of the conditional use approval. Once a site plan is approved, the conditional use approval period will run concurrently with the site plan approval period established in section 511.7.5. An applicant who has obtained conditional use approval may request an extension of this time period by filing within the 12-month period a letter stating the reasons for the request. The city commission may, at a regular meeting, grant an extension of up to 12 months for good cause shown by the applicant.

503.8.3.

Rescission of approval by abandonment of use. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. The abandonment period shall be presumed to have commenced upon the termination of electrical or water service for the user, whichever occurs first.

503.9.

Amendments and alterations to approved conditional uses.

503.9.1.

Except as provided under section 503.9.2, any expansion to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this section for the original approval of the conditional use.

503.9.2.

Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, may be approved by the DRC without obtaining additional approvals. No increase in the intensity or change in use shall be considered a minor change for the purposes of this section.

Those uses or enterprises similar to those enumerated in the business (B) or industrial (I) districts will be permitted in the B or I districts which permits one or more similar uses; provided the community development director finds that such new use is not more objectionable than the enumerated uses in such district, is similar thereto and will be compatible therewith. No use that is enumerated in any B or I district will be permitted in a more restrictive district.

505.1.

Permit required. No temporary use or structure which is not otherwise treated as a permitted use or conditional use in a particular zoning district and which is not otherwise prohibited shall be conducted or erected without a temporary use or structure permit. This section shall not override, and shall not substitute for, any other section of the LDR which requires another type of permit, certificate, or approval.

505.2.

Review and approval. An application for temporary use shall be submitted and reviewed in conformance with the procedures of general applicability, contained in this Code. Notice and public hearing requirements shall not apply to temporary use or temporary structure permits. The payment of an application fee, established by the city commission, shall be included with the application for a temporary use permit. Applications for temporary use or structure permits shall be reviewed and approved by the community development director or city commission, as designated, who may impose reasonable conditions upon the temporary use or structure permits.

505.2.1.

The establishment of the following uses shall require a temporary use or structure permit issued by the community development department:

(a)

Construction office trailers for a development project with final site plan approval.

(b)

Construction materials storage, processing and fabrication for a development project with final site plan approval.

(c)

Construction equipment storage for a development project with final site plan approval.

(d)

Temporary sales offices and model homes established for the express purpose of marketing a real estate development project with the final site plan approval. The model homes shall be located on and limited to the property which is being marketed for sales. Temporary sales offices may also be located on contiguous parcels upon approval as noted herein. Prior to issuance of a temporary use permit for offices and model homes, a plat for the project must be approved by Broward County.

(e)

Seasonal sales lots offering Christmas trees, pumpkins, flowers and the like; however, no temporary permit shall be issued for sales within public rights-of-way, and fireworks sales shall be subject to fire department approval.

(f)

Sidewalk or parking lot sales by city licensed businesses.

(g)

Garage sales.

(h)

Parades, carnivals, fairs, circuses, and other events.

505.2.2.

Applications for the following types of temporary use or structure permits shall be transmitted to the city manager, who shall schedule the application for review by the city commission. The city commission may approve the application by resolution and may impose reasonable conditions upon the temporary use or structure permits.

(a)

Fireworks displays and shows, except for those sponsored by, and under the direction of, the city.

(b)

Other temporary uses or structures which in the opinion of the city manager may require city commission review.

505.3.

Maximum time limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and structures related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project (issuance of the final certificate of occupancy). Temporary signs shall be limited to the duration provided for in this Code.

505.4.

Revocation of permits. Any temporary use which becomes a nuisance, violates the conditions of the permit or is in violation of this Code shall be revoked by the city manager. Any temporary use which endangers the public health or safety shall be revoked immediately by the city manager.

505.5.

Exemptions.

505.5.1.

No permit for temporary use or structure will be required when such use or structure is part of a construction project by or for the city.

505.6.

General criteria and limitations for temporary use permits.

505.6.1.

The temporary use must be compatible with the surrounding lands uses; however, no temporary use permits shall be issued in developed single-family residential areas.

505.6.2.

A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of said property. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for his/her site.

505.6.3.

An applicant may not receive a temporary use permit on the same property more than three times within a calendar year, unless approved by the city manager or his/her designee.

506.1.

Purpose and scope. The variance process is intended to provide limited relief from the requirements of the LDR in those cases where strict application of those requirements will create unnecessary hardship not the result of any action by the applicant, as distinguished from a mere inconvenience, prohibiting the use of land in a manner otherwise allowed under the LDR. Variances shall not be granted to allow the establishment of a use or density that is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property.

506.2.

Application requirements. An application for a variance shall be filed by the owner of the property upon which the variance is requested or their designated representative. The application shall be on a form provided by the community development director and shall include an application fee as established by the city commission.

506.3.

Review and approval authority. The review and approval of a variance shall be undertaken by the planning and zoning board or city commission as provided for in the power and duties enumerated in chapter 3. Duties assigned to the board or commission shall be reviewed and approved, approved with conditions or denied by that legislative body exclusively.

506.4.

Staff review. The community development department shall review the application to evaluate whether the proposed variance complies with the general purpose and standards set forth in this section for the granting of variances. The community development director shall compile a written staff report summarizing the facts of the case including all relevant documents. The complete application and staff report prepared pursuant to this section shall be transmitted to the board or commission as provided herein.

506.5.

Review by planning and zoning board. Applications for variances subject to review and approval by the planning and zoning board shall be scheduled for a public hearing by the community development director.

506.5.1.

Public hearing. The planning and zoning board shall hold at least one public hearing on the proposed variance. Notice of the public hearing and the conduct of the public hearing shall be in accordance with the provisions of these LDRs.

506.5.2.

Action by planning and zoning board. In considering whether to recommend approval or denial of the application, the planning and zoning board shall review the application, the general purpose and standards set forth in this section for the granting of variances, staff reports, and any oral and written comments received before or at the public hearing.

506.6.

Review by city commission. Applications for variances shall be transmitted to the city manager, with a written staff report, for submission to the city commission. The city manager shall schedule the proposed variance for the next available commission meeting, providing the required notice procedures are met.

506.6.1.

Public hearing. The city commission shall hold one public hearing on the proposed variance.

506.6.2.

Action by city commission. In considering whether to approve or deny the application, the city commission shall review the application, the general purpose and standards set forth in this section for the granting of variances, staff reports, and any oral and written comments received before or at the public hearing.

506.7.

Standards of review. A variance shall be granted only where competent and substantial evidence presented at the meeting in the particular case shows that all of the following are met:

(a)

The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally.

(b)

The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity.

(c)

The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR, and the applicant has not come to the condition, but it has been cast upon the applicant.

(d)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(e)

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

506.8.

Conditions. In granting a variance, the planning and zoning board or city commission may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set out in this section and to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, and the provision of adequate ingress and egress; hours of operation; and the mitigation of environmental impacts.

506.9.

Expiration of approval. The approval of a variance shall be void if the recipient does not obtain a building permit or other development order for the proposed use within 12 months after the granting of the variance. An applicant who has obtained approval of a variance may request an extension of this time within the original approval period. The city commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant.

506.10.

Amendments and alterations to approved variances.

(a)

Except as provided under section 506.10(b), any expansion to an approved variance and any addition to or expansion of an existing variance approval shall require the same application, review and approval as required under this section for the original approval of the variance.

(b)

Minor changes in the site plan or design details of an approved variance which are consistent with the standards and conditions applying to the variance and which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, and landscape changes may be approved by the community development director or his designee without obtaining additional approvals. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the approved variance, creation of variances or change in use shall be considered a minor change for the purposes of this section.

506.11.

Administrative variances. An administrative variance for setbacks and parking requirements may be granted by the community development director or his/her designee only when competent and substantial evidence is presented and the particular case shows that all of the following have been met:

(a)

The variance entails a structural encroachment into a setback of no more than five percent or a reduction in parking of no more than five percent.

(b)

The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR.

(c)

Reserved.

(d)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(e)

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

507.1.

Purpose. The purpose of this section is to provide a uniform procedure concerning the review of and proposals for amendments to these regulations and zoning designations, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the city commission may, by ordinance duly adopt in accordance with the procedures set forth herein, amend and/or supplement the LDRs, the zoning district boundaries or classifications of property now or hereafter established or by amendment hereto. All amendments of the LDRs or map shall be consistent with the adopted comprehensive plan.

507.2.

Initiation. An amendment to the text of the LDRs may be initiated by the city manager or the city commission. Any affected person may apply to the city to amend the text of the LDRs. An amendment to the zoning map may be initiated by the city or by any person owning property within the area proposed for change on the official zoning map subject to the payment of an application fee to cover the cost of processing the application.

507.3.

Application requirements. Applications for amendment to the zoning map and text of the LDR shall be on an application form specified by the community development director. All applications filed shall be processed according to the LDRs. The information in the application shall address the standards of sections 507.7 and 507.8 as well as the standards for a specific zoning district and the following below:

(a)

An application for the change of zoning district boundaries or the specific zoning district applicable to any plot may be filed at the initiation of the governing body, the board, the owner of the applicable property or such owner's designee with the community development staff on such forms as the city shall prescribe. The application shall provide for, reflect or be accompanied by:

(1)

The name and address of the owner and/or applicant of the applicable real property;

(2)

The authority of the applicant if other than the owner or the governing body or the board;

(3)

The location of the real property;

(4)

The future land use map designation and the zoning district in which the real property lies at the time of the application;

(5)

The size of the parcel to which the application pertains, stated in acreage and square footage;

(6)

Rationale and justification for the proposed change in zoning.

(7)

A traffic impact analysis that describes and forecasts the effect of traffic generated by the proposed change; the analysis should also suggest ways to off-set the negative traffic effects should there be any.

(8)

A public facilities' impact analysis to determine availability of and impacts upon the capacity of utilities, community facilities and public services, such as police and fire protection, water and sewer service, and schools.

(9)

An economic impact analysis (EIA) that examines impacts on the city's economic base, property values and the ability to develop vicinity properties.

(10)

A conceptual site plan.

(b)

The application shall be accompanied by a survey, signed and sealed by a licensed land surveyor and certified to a date not less than 180 days previous to the date of such application. The survey shall show any and all contiguous roadways, applicable points of ingress and egress, any and all easements applicable to the property and any improvements thereon.

(c)

The application shall be accompanied by a certificate of an attorney licensed to practice in Florida or title and abstract company describing the ownership of the property and all encumbrances thereon that are germane to the rezoning or land use change.

(d)

The application for rezoning, except those initiated by the governing body or the planning and zoning board, shall be accompanied by a filing and processing fee, as provided by ordinance.

(e)

The director of development services and or the director's designee shall review applications and determine if there can be any waiver from the application requirements, on a case-by-case basis.

507.4.

Review by staff or DRC. The community development department shall review applications for amendment to the text of the Code and amendments to the official zoning map and compile a written report which summarizes the facts of the case including all relevant documents, and evaluates the proposed amendment with the general purpose and standards set forth in this section. The community development director shall transmit a copy of the staff report to the board.

507.5.

Review by planning and zoning board. The planning and zoning board shall review amendments to the official zoning map and changes to the text of this Code and make recommendations to the city commission.

507.5.1.

Public hearing. The planning and zoning board shall hold one public hearing on the proposed map amendment or text amendment. Notice of the public hearing shall be provided in accordance with F.S. ch. 166, and the public hearing shall be conducted in accordance with the provisions of this Code.

507.5.2.

Action by planning and zoning board. In considering an amendment to the zoning map or amendment to the text of this Code, the planning and zoning board shall review the proposed amendment, the general purpose and standards set forth in this section, the report of the administration and any oral or written comments received before or at the public hearing. If the planning and zoning board finds that the proposed amendment is in compliance with the general purpose and standards set forth in this section, then they shall recommend approval of the amendment to the city commission. If the planning and zoning board finds that the proposed amendment is not in compliance with the specified general purpose and standards, then they shall recommend denial of the amendment to the city commission. The planning and zoning board may continue the matter until the requested information or studies have been completed and offered in testimony.

507.6.

Review by city commission. The city commission shall review all amendments to the official zoning map and amendments to the text of these LDRs. The community development director shall transmit to the city manager a copy of the complete application and a written staff report summarizing the facts of the case including all relevant documents and the recommendations of the planning and zoning board. The city manager shall schedule the proposed amendment for the next available commission meeting providing the required notice procedures are met.

507.6.1.

Public hearing. In order to adopt an ordinance the city commission shall hold two public hearings on the proposed amendment consistent with the procedures for adoption of an ordinance. Notice of the public hearing shall be provided in accordance with F.S. ch. 166, and the public hearing shall be conducted in accordance with the provisions of this Code.

507.6.2.

Action by city commission. In considering an amendment to the text of this Code or the official zoning map, the city commission shall review the proposed amendment, the general purpose and standards set forth in this section, the report of the administration and recommendation of the planning and zoning board, and any oral and written comments received before or at the public hearing. Based upon the record developed at the public hearings, the city commission may:

(a)

Adopt the proposed amendment with or without modifications;

(b)

Grant another zoning classification consistent with the future land use map designation and comprehensive plan;

(c)

Reject the proposed amendment; or

(d)

Refer the matter to the planning and zoning board or administration for further consideration.

507.7.

Standards for reviewing proposed amendments to the official zoning map. In deciding whether to recommend approval of a proposed amendment, the administration, planning and zoning board and the city commission shall determine whether or not:

(a)

The proposed amendment is consistent with goals, objectives and policies of the city's comprehensive plan.

(b)

The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses.

(c)

The subject property is physically suitable for the uses permitted in the proposed district.

(d)

There are sites available in other areas currently zoned for such use.

(e)

If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan.

(f)

The proposed change would adversely affect traffic patterns or congestion.

(g)

The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected.

(h)

Whether the proposed change would have an adverse environmental impact on the vicinity.

(i)

Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the city as a whole.

507.8.

Standards for reviewing proposed amendments to the text of the LDR. In deciding whether to recommend approval of a proposed text amendment, the administration, planning and zoning board and the city commission shall consider whether or not:

(a)

The proposed amendment is legally required.

(b)

The proposed amendment is consistent with the goals and objectives of the comprehensive plan.

(c)

The proposed amendment is consistent with the authority and purpose of the LDR.

(d)

The proposed amendment furthers the orderly development of the city.

(e)

The proposed amendment improves the administration or execution of the development process.

507.9.

Zoning in progress determination.

(1)

Purpose. The purpose of this subsection is to provide an administrative and legislative procedure whereby the city can place a temporary hold on the acceptance, review or approval of development permits, as such term is defined in [F.S.] section 163.3164(16), if there are pending active efforts underway to amend this Code in a way that would preclude such approval of development permits should the pending amendment be adopted.

(2)

Applicability.

(a)

From the time the city manager determines that:

(i)

The city is actively considering, studying, developing and/or processing a proposal to amend this Code in a way that would preclude approval of development pertaining to certain uses and development, and

(ii)

Authorization or approval of such uses and development before the proposed amendment is decided would be detrimental to the public interest, wherein the city shall not grant any development permit or approval, or accept any application for a development permit or approval, that authorizes or proposes development that would not be allowed under the proposed amendment to this Code.

(b)

The determination of when a proposal to amend this Code is being actively developed and processed may be based on when the city commission or planning and zoning advisory board first directed or requested the city manager to prepare the amendment in sufficiently specific terms to understand the proposed amendment's impact on certain uses or forms of development, or when the city manager first recommended the amendment to the planning and zoning advisory board or city commission in sufficiently specific terms to understand the proposed amendment's impact on certain uses or forms of development.

(3)

Procedure.

(a)

City manager's determination and administrative order

(i)

On making a zoning in progress determination in accordance with section 507.9(2), the city manager, or designate, shall immediately issue an administrative order that delineates a specific area(s) affected by the proposed amendment (e.g., involving a rezoning) and that:

A.

Prohibits the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment;

B.

Revokes any already issued development permits or granted development approvals that would be precluded by the proposed amendment where no construction or substantial land development has started for the authorized development; and

C.

Prohibits the acceptance of any applications for development permits and approvals that would be precluded by the proposed amendment.

(ii)

The administrative order shall also revoke any development permit or approval subject may be in process prior to final passage of this section.

(iii)

All city personnel shall comply with any such administrative order, which shall be effective until reversed or modified upon a resolution of the city commission or until the adoption of a text amendment or rezoning implementing the proposed amendment.

(iv)

Notwithstanding the administrative order, the chief building official may authorize the issuance of building permits for non-deleterious items—including, but not limited to, fences, repairs, utilities, maintenance, and like matters that are not directly affected by the proposed amendment.

(v)

On issuing the administrative order, the city manager, or designate, shall schedule consideration of a resolution by the city commission confirming the administrative order at its next available city commission meeting.

(b)

City commission conformation of city manager's determination

(i)

The city commission shall review the city manager's zoning in progress determination and decide whether to confirm or reject it.

(ii)

In the event the city commission determines to confirm the city manager's zoning in progress determination, it shall adopt a resolution affirming the administrative order and prohibiting the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment, as well as the acceptance of any applications for such development permits and approvals. If the proposed amendment would be limited to a defined area (e.g., a rezoning), the commission's resolution shall also identify the area to which the prohibition applies.

(iii)

The city commission's resolution may fix a reasonable time within which the city manager shall report back to the commission with specific recommendations relating to the proposed amendment. The said time limitation shall be the minimum reasonable time based on the time needed for a comprehensive analysis of the need for and impacts of the proposed amendment. If the city manager is unable to complete the recommendations and report back to the city commission within the prescribed time period, the city commission may adopt a resolution reasonably extending the time period.

(c)

Scheduling and public notice of hearing. When prepared to submit recommendations relating to the proposed amendment to the city commission, the city manager shall schedule and provide required public notices for a city commission hearing on the recommendations in accordance with Section 501.5 of the Land Development Code Regulation.

(d)

City commission review and action

(i)

The city commission shall review the city manager's recommendations, hold a public hearing, and decide whether to refer the proposed amendment to the city manager to initiate a text amendment application under Section 507 or a Rezoning application under Section 507.

(ii)

In making its decision, the city commission shall consider the propriety of the city manager's recommendations, the reasonable necessity for the amendment, and the proposed amendment's potential impact on affected area(s) and the probability of detriment to the character of those areas by the continued application of the existing regulations. The commission's consideration shall be based on criteria that include, but are not limited to, the following:

A.

Promotion of redevelopment and elimination of the causes of physical and economic blight;

B.

Enrichment of the visual and functional quality of the streetscape for all user groups;

C.

Creation of housing/affordable housing opportunities and choices by presenting innovative mixed land-use proposals;

D.

Creation of an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation;

E.

Creation of opportunities and incentives that facilitate redevelopment of private property;

F.

Improvement of circulation for pedestrians, bicyclists and motorists;

G.

Maintenance of the City of Lauderdale Lakes' strong demographic make-up and enhancement of the community's competitive position within Broward County;

H.

Improper land use distribution; or

I.

Any other factor that has a deleterious effect on the quality of life of the residents of affected areas, economic viability, and overall environment.

(e)

Termination of zoning in progress determination and orders. The zoning in progress determination and resulting prohibitions in a confirmed administrative order (see section 507(3)(a)(i)) shall continue until adoption of the amendment to text of development code or rezoning implementing the proposed amendment.

(Ord. No. 08-32, § 2, 11-25-2008; Ord. No. 2018-005, § 2, 4-24-2018; Ord. No. 2019-005, § 2, 5-28-2019)

508.1.

Purpose. This section is intended to ensure that development is consistent with the level of service standards for public facilities which are contained in the comprehensive plan and this Code and to prevent the issuance of development orders which result in a reduction in the level of services below the levels provided in the comprehensive plan.

508.2.

Monitoring system. The chairman of the DRC shall be responsible to develop and maintain a system wherein the public facilities' capacities shall be monitored in an up-to-date manner as reasonably possible. The capacity monitoring system shall also be known as the city's concurrency management system. This system shall track and monitor the facility capacity, usage through existing developments, surplus or reserve capacity both existing and proposed through planned capital improvements projects, and usage through committed development (approved but not constructed). The chairman shall also use such system to prepare reports to be submitted to the city manager.

508.3.

Applicability. Unless exempted under the provisions of section 508.4, all development which must receive final plat approval or final site plan approval and will impact the facilities for which the city monitors level of service compliance must obtain a certificate of level of service compliance or be part of a development project which received level of service compliance.

508.4.

Exemptions. The following development shall be exempt from the requirements of this section:

(a)

A valid and approved development order which was final on the effective date of this Code, under the provisions of F.S. ch. 380, and which contains conditions which ensure that adequate public facilities will be available consistent with the standards of this section. In such event, application for individual level of service compliance certificates required in this section shall not be required so long as the terms and conditions of the final adopted development order are met.

(b)

A valid and binding development order under the provisions of F.S. ch. 380, which becomes final after the effective date of this Code in which the city commission determines and finds level of service compliance for the entire DRI or on a phase by phase basis. In such event, application for individual level of service compliance certificates required in this section shall not be required so long as the terms and conditions of the final adopted development order are met.

508.5.

Filing of applications. Applications for certificates of level of service compliance shall be filed with the community development department with an application for plat approval or with an application for a final site plan approval, at the community development department's discretion, or with a building permit if a plat or site plan are not required. The resubdivision of existing platted parcels shall be subject to the requirements of this section and the level of service standards of this Code.

508.6.

Application requirements.

508.6.1.

Who may file. An application for a certificate of level of service compliance may be filed by the owner of property on which the use is to be located, an agent of the owner specifically authorized by the owner to file such application, or any unit of government which is not the owner of the lot but proposes to acquire the lot.

508.6.2.

Application requirements. An application for a certificate of level of service compliance shall include a written statement by the applicant demonstrating that the proposed use will conform to the standards set forth in this Code and the comprehensive plan. The application shall be accompanied by such plans, data, or both as specified by the community development director.

508.7.

Action. The DRC shall review the application and make a determination of the impact of the application on the levels of service within the city, and, based on consideration of the standards described in this section, the DRC may:

(a)

Approve the application without conditions;

(b)

Approve the application with conditions, pursuant to section 508.20 below; or

(c)

Deny the application.

508.8.

Standards. A certificate of level of service compliance shall not be issued for any development unless it is determined that planned and committed improvements have sufficient capacity to provide the design level of service for all existing, permitted projects and the proposed development.

508.9.

Determination of available capacity. Except as further defined below, the available capacity of a facility shall be determined by:

(a)

Adding together:

(i)

The total capacity of existing facilities; and

(ii)

The total capacity of new facilities that will become available concurrent with the impact of development. The capacity of new facilities may be counted only if one or more of the following is shown:

(1)

Construction of the new facilities is under way at the time of the application.

(2)

The new facilities are the subject of a binding contract for the construction of the facilities or the provision of services at the time the development permit is issued.

(3)

The new facilities have been included in the first three years for initiation of construction and completed in five years of the city, or the Broward County capital improvement program budget or the appropriate capital improvement program budget of the implementing agency.

(4)

The new facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380.

(b)

Subtracting from that number the sum of:

(i)

The demand for the service created by existing development; and

(ii)

The new demand for the service that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

508.10.

Roads. The LOS certificate shall certify compliance with specifications and standards adopted by the city for roadway capacity. A certificate of level of service shall not be approved unless it is determined that adequate road capacity is available or will be available prior to the granting of a certificate of occupancy. The community development department director shall be responsible for determining road capacity.

508.10.1.

The DRC may require an applicant for a level of service certificate of compliance to provide a traffic analysis regarding the potential impact of the proposed development on the road network within the city. All public roads within the city; including local, county, state and federal roads, excluding those roads listed in section 508.10.2 shall be required to operate at a LOS D or better on a peak hour basis. If it is determined that any proposed development would result in any road being over capacity then the DRC shall require improvements to be made in compliance with the adopted standards.

508.10.2.

The LOS of road segments operating below LOS D, according to the Broward County Trips Model as of February 21, 1989 Appendix I and those segments operating below LOS D as shown in the (1987) Existing Level of Service Analysis, Table II-5 of the Traffic Circulation Element of the Comprehensive Plan Appendix II, shall not be permitted to deteriorate below 110 percent of the capacity of the roadway at LOS D on an AADT basis, except as provided for in section 508.10.3.

508.10.3.

If road segments are operating below LOS D, a LOS certificate shall be issued only in the following circumstances.

(a)

The property is not within the compact deferral area for a planning improvement facility operating below LOS D on the Broward County Trips Model; or

(b)

The property is within the compact deferral area for a planning improvement facility which is operating below LOS D on the Broward County Trips Model, but one of the following conditions applies:

(i)

The approved development would not cause deterioration below the "110 percent maintain" level of service and the traffic generated by the proposed development would not prevent the planned improvement from providing LOS D after construction;

(ii)

There is an approved action plan to accommodate the traffic impact of the development;

(iii)

The necessary improvements to provide LOS D are under construction at the time a permit is issued;

(iv)

The necessary improvements to provide LOS D are the subject of a binding executed contract for the construction of the facilities; or

(v)

The necessary improvements for LOS D have been included in Broward County's capital improvement plan annual budget or the appropriate capital improvement program budget of the implementing agency. Said improvements must be shown to begin construction within the first three years with completion scheduled by the fifth year.

(vi)

The necessary facilities and services for LOS D are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3230, or an agreement or development order issued pursuant to F.S. ch. 380, provided that road improvements required by a development order for a DRI shall not be considered for concurrency for property outside the boundaries of the DRI unless provision (iii) or (iv) above has been met.

508.10.4.

Traffic concurrency determinations for redevelopment shall be based on the net impact of redevelopment.

508.11.

Potable water. Potable water shall be available at the rate of 325 gallons per equivalent residential connection concurrent with demand.

The LOS certificate shall certify compliance with specifications and standards adopted by the city, and the adequacy of potable water distribution/transmission systems and water plant capacity to service the proposed development. A certificate of level of service shall not be approved unless it is determined that adequate potable water service is available or will be available prior to the granting of a certificate of occupancy. The director of public works shall be responsible for determining potable water capacity.

508.12.

Wastewater treatment capacity. Wastewater treatment capacity shall be available at the rate of 300 gallons per day per equivalent residential connection.

The LOS certificate shall certify compliance with specifications and standards adopted by the city, and the adequacy of sanitary sewage collection and transmission systems and wastewater treatment and disposal capacity to service the proposed development. A certificate of level of service shall not be approved unless it is determined that adequate wastewater service is available or will be available prior to the granting of a certificate of occupancy. The director of public works shall be responsible for determining wastewater treatment capacity.

508.13.

Solid waste disposal capacity. The LOS certificate shall certify compliance and adequacy of solid waste disposal capacity. No development shall be approved unless it is determined that adequate solid waste storage facilities and disposal capacity exist or will exist at the time of certificate of occupancy. The director of public works shall be responsible for determining solid waste disposal capacity. The proposed development shall be designed to provide adequate areas to store solid waste until collection time.

508.14.

Parks and recreational areas. The owner of land who has applied for approvals for residential development pursuant to the applicable land development regulations shall be required to provide for the park, open space, and recreational needs of the future residents of the developed areas. Parks and recreational areas shall be available at the rate of three acres of park land per 1,000 residents, concurrent with demand.

The LOS certificate shall certify compliance with specifications and standards adopted by the city, and the adequacy of park land dedication and/or park land funds to meet the obligations of the proposed development. No development shall be approved unless it is determined that adequate park land area is available or will be available prior to the granting of a certificate of occupancy. The director of parks and recreation shall be responsible for determining parks and recreation capacity.

508.14.1.

Land dedication: residential development. In order to provide lands, funds, or a combination thereof to be used by the city as may be appropriate in order to provide additional community and neighborhood parks, or the maintenance and renovation of existing facilities necessary to meet the need for such local level parks created by additional residential demand within the city, a developer, at the discretion of the city shall either:

(a)

Dedicate land of suitable size, dimension, topography, soil conditions, and general character to serve as public parks, which will meet local level park needs created by the development. Such land must be demucked and filled to a grade of at least +7.0 NGVD and must have water, sewer and stormwater connection with paved access to the site. Local level parks needs are based on a standard of three acres of land for every 1,000 residents. The total amount of land to be dedicated either on or off the development site must equal a ratio of at least three acres of land for every 1,000 potential residents estimated to occupy the development. The city shall reserve the right to refuse any land proposed for dedication due to unsuitability, distance from the area it is intended to serve, or a surplus of land area intended for recreational purposes. If the city should refuse the land area dedication, the developer/applicant shall dedicate other lands that are deemed acceptable or pay an amount equivalent to the value of the land that is suitable for development. The formula used to calculate the amount of land required to be dedicated shall be as established and amended from time to time by resolution of the city commission.

(b)

Agree to deposit in the city's park development fund an amount of money equal to the fair market value of the land otherwise to be dedicated. The fair market value shall include the value of the improved land which is demucked, filled to at least +7.0 ft. NGVD, and has water, sewer and stormwater connection with paved access to the site. In order to determine the appropriate fair market value, the city shall select a real estate appraiser, the developer shall select a real estate appraiser and the average of the values determined by the two said appraisers shall be the fair market value of the property. The fee for both appraisals shall be paid by the developer. However, if the property required to be dedicated is less than four acres, the city and the developer shall mutually agree on a value of the land to be dedicated. Should the city and the developer fail to agree upon the value of the land, the two appraisals, described above, shall be required.

508.14.2.

Funds from commercial development. Land designated for commercial development creates needs for open space for leisure time activities and pedestrian and vehicular thoroughfares. Consequently, each commercial development must provide funds to be used by the city to provide for such needs.

508.14.2.1.

Impact fee. In order to provide funds for the purchase of land to be used by the city as may be appropriate and necessary to provide leisure-time activity space and public pedestrian and vehicular thoroughfares, a developer shall deposit in a fund, established and maintained by the city, an amount of money equal to or exceeding the value of such land as would be required under subsection 508.14.2.2 below. The fair market value of such land shall be determined by multiplying the Broward County property appraiser's assessed value of the land being developed by 125 percent. In the event the owner or developer of such land shall contest such value as determined hereunder, such owner or developer shall, at its expense, be allowed to provide to the city a certified appraisal of the value of the land as would be required under subsection 508.14.2.2 below, based upon the highest and best use of such land and the highest value based upon an appraisal of comparable sales, replacement cost, or market approach, using current market data; provided, the appraiser giving such report must be a member in good standing of the American Institute of Real Estate Appraisers. In the event of such contest and the submission of such appraisal, such appraised value, as determined by the appraisal, submitted by the owner or developer shall be deemed to be the fair market value, but in no event shall the same be less than the value of the property as established by the Broward County property appraiser's office for ad valorem tax purposes for the then-current year.

508.14.2.2.

Calculating impact fee. The value of the land shall be determined by first determining the amount of land which would otherwise be required to provide for such needs based upon the following standards and in the manner hereinafter set forth:

Computations made hereunder shall be made in the following manner:

Step 1. The number of commercial units is determined by dividing the number 5,000 into the building area as stated in square feet:

CU=B
5,000

Step 2. The density to which the land will be developed is determined by dividing the number of commercial units into the gross area of land to be developed as stated in square feet:

D=A
CU

Step 3. Percentage of land required for the purpose of providing for leisure-time activities or vehicular and pedestrian thoroughfares is determined by the application of the density factor to the table set forth hereinabove.

Step 4. The land to be used for leisure-time activities or vehicular and pedestrian thoroughfares shall be determined by multiplying the percentage factor times the gross land area to be developed:

Land Area Required = P × A

Step 5. The fee to be paid under the assessment made hereunder shall be determined as follows:

Fee to be Paid = R × F

508.14.2.3.

Definitions. For the purposes of the provisions hereof, the following terms shall have the meaning hereinafter set forth:

Area of land to be developed shall mean and include the gross area (stated in square feet or by acreage) of the land to be developed pursuant to the site plan thereof, which term may hereafter be designated by the symbol "A".

Building area shall mean and include the square foot area contained within the exterior boundaries of each floor of all buildings constituting the improvements of the subject development, which term may hereafter be designated by the symbol "B".

Commercial unit shall mean and include the building area consisting of 5,000 square feet, and any additional fraction thereof, stated as a decimal equivalent which shall be rounded to the nearest hundredths place, which term may hereafter be designated by the symbol "CU".

Density factor shall mean the relationship that the total number of commercial units to be constructed bears to the gross area of the land to be developed, stated as the amount of square feet to be developed per commercial unit, which term may hereafter be designated by the symbol "D".

Fair market value shall mean and include 125 percent of the land to be developed, as said aggregate assessed value is determined in accordance with the current practice of the office of county property appraiser in and for Broward County. In the event the developer or owner shall submit an appraisal as permitted in subsection 38.8.7.6. hereof, the fair market value shall be such appraised value of the property appraiser's value, whichever is more. Such term may hereafter be designated by the symbol "F".

Improvements shall mean and include all structural improvements to be constructed upon the subject property, less exterior sidewalks, parking areas and such other ground improvements as are not contained within the boundary walls of any building or under any roof of the buildings, excluding overhangs, comprising the subject development.

Percentage factor shall mean and include the percentage of the gross area of land required for the provision of municipal purposes in accordance with the terms hereof, which term may hereafter be designated by the symbol "P".

508.14.3.

Dedication of land or collection of fee. Prior to the certification of the certificate of level of service compliance, the applicant shall enter into an agreement with the city stating that within 14 days of the approval of the final plat by the Broward County Commission or within 14 days of the final site plan approval by the city if no plat is required, they will be required to perform one of the following requirements:

(a)

Dedicate all required public park lands or pay the required fees as determined, to the city.

(b)

Post a bond or irrevocable letter of credit with the city for 100 percent of the developer's contribution for local parks, guaranteeing the payment of fees or dedication of land prior to the issuance of a building permit. This alternative shall be subject to a three percent administrative fee due prior to final plat approval by the city. However, the park fees or dedication of land shall be collected or obtained prior to the issuance of a building permit.

508.14.4.

Expenditure of funds. Monies deposited by a developer pursuant to this section shall be expended within a reasonable period of time for the purpose of acquiring, maintaining and improving the facilities or land developing necessary to meet the need for city parks which will be available and substantially benefit the residents of the city.

508.15.

Drainage. The LOS certificate shall certify compliance with specifications and standards adopted by the city, and the adequacy of grading and drainage plans and capacity within the drainage system. The director of public works shall be responsible for determining drainage capacity.

The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a water management system which conforms to all regulatory agency requirements.

The applicant shall be responsible to secure the approvals of the applicable water management districts and shall demonstrate to the public works director that said approvals have been issued by same. Prior to the public works director certifying the certificate of level of service compliance the applicant shall provide proof of the water management district approvals.

508.15.1.

Road protection. Residential streets with rights-of-way no greater than 50 feet wide shall have crown elevations no lower than the elevation for the respective area depicted on the ten year "flood criteria map." Rights-of-way greater than 50 feet wide shall have an ultimate edge of pavement no lower than the elevation for the respective area depicted on the ten-year "flood criteria map."

508.15.2.

Buildings. No building shall have a lowest floor elevation lower than the elevation for the respective area depicted on the FEMA "100-year flood elevation map" or calculated per section 508.15.5.

508.15.3.

Off-site discharge. No off-site discharge shall exceed the inflow limit of the South Florida Water Management District primary receiving canal or the local conveyance system, whichever is less.

508.15.4.

Storm sewers. The design frequency minimum for storm sewers shall be the three year rainfall intensity of the state department of transportation zone 10 rainfall curves.

508.15.5.

Floodplain routing. Calculated flood elevations based on the ten-year and 100-year return frequency rainfall of three-day duration shall not exceed the corresponding elevations of the ten-year "flood criteria map" and the "100-year flood elevation map," respectively.

508.15.6.

Antecedent water level. The antecedent water level shall be considered as the higher elevation of either the control elevation or the elevation depicted on the map entitled "average wet season water levels."

508.15.7.

On-site storage. The minimum acceptable capacity above antecedent water level and below the floodplain routing elevations shall be the rainfall volume minimum off-site discharge occurring during a design rainfall.

508.15.8.

Best management practices. Prior to discharge to surface or ground water, best management practices will be used to reduce pollutant discharge.

508.16.

Adequacy of fire protection. The LOS certificate shall certify compliance with specifications and standards adopted by the city regarding the adequacy of fire protection services to meet the demands of the proposed development. The fire chief shall be responsible for determining fire protection capacity.

No development shall be approved unless it can be determined that adequate fire protection services will be available prior to occupancy. Should it be determined by the fire chief that the fire department will be unable to adequately serve a proposed development or that the additional development will result in a lessening of fire protection services to the community, then the city shall require the property owner/applicant/developer to provide for or maintain an adequate level of service through a public safety/fire protection service impact fee in addition to the city's existing fire-rescue impact fees. The amount of such fee will be determined by the administration and the fire department. The impact assessment will be applied towards the city's operating costs in providing additional fire protection. Any such fees assessed shall be collected in full prior to the issuance of the first building permit unless an agreement is executed with the city that establishes another payment schedule.

508.17.

Adequacy of police protection. The LOS certificate shall certify compliance with specifications and standards adopted by the city regarding the adequacy of police protection services to meet the demands of the proposed development. The police chief shall be responsible for determining police protection capacity.

No development shall be approved unless it can be determined that adequate police protection services will be available prior to occupancy. Should it be determined by the police chief that the police department will be unable to adequately serve a proposed development or that the additional development will result in a lessening of police protection services to the community, then the city shall require the property owner/applicant/developer to provide for or maintain an adequate level of service through a public safety/police protection service impact fee in addition to the city's existing police impact fees. The amount of such fee will be determined by the administration and the police department. The impact assessment will be applied towards the city's operating costs in providing additional police protection. Any such fees assessed shall be collected in full prior to the issuance of the first building permit unless an agreement is executed with the city that establishes another payment schedule.

508.18.

Adequacy of school sites and facilities. All plats, replats, plat note amendments, findings of adequacy or site plans with a residential component shall be subject to the public school concurrency requirements as set forth in Section 5-182.9(a)(1)(c) of the Broward County Land Development Code, as amended from time to time. The burden shall be on the applicant to ensure compliance with this section, and the applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements.

508.19.

Private utilities and service providers. Prior to the final approval of a final plat or final site plan, if no plat is required, the applicant shall provide the DRC chairman with a letter from the provider of electric, natural gas, if applicable, telephone and cable television services that the proposed development can be adequately serviced.

508.20.

Conditions. A certificate of level of service may be granted subject to conditions intended to ensure compliance with the level of service standards contained in the comprehensive plan and this Code, including, but not limited to, the dedication of land, the construction of public facilities pursuant to a development agreement or the assessment of other fees which may be authorized under the laws the city.

508.21.

Appeals of determinations of impact. Any person aggrieved by the decision of the DRC may appeal the determination to the city manager and then to the city commission whose decisions shall be final in accordance with the provisions of this Code.

508.22.

Expiration of certificate. In order to ensure that a development project is completed before a substantial change in the status of a public facility occurs, all certificates of level of service compliance shall contain an expiration date of no less than one year, and no more than three years from the date of issuance; provided however, that such expiration date may be more than three years from the date of issuance if issued as part of a development order for a development of regional impact (DRI) as defined in F.S. ch. 380, based on a detailed analysis of public facility impacts of the DRI.

(Ord. No. 2010-05, § 2, 4-13-2010; Ord. No. 2020-009, § 4, 12-22-2020)

509.1.

Purpose. The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177. No plat of subdivision lying within the city shall be recorded in the, as amended official records of Broward County prior to approval by the city commission. When any subdivision of land is proposed to be made, and before any permit for the erection of a principal structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall secure approval of and record in the official records of Broward County such proposed subdivision in accordance with the procedures contained in this section. No plat application shall be considered by the city unless the zoning district of the site is in conformance with the land use designation of the land use plan element of the city's adopted comprehensive plan. Final plats shall show all parcels consistent with the property's master zoning plan.

509.2.

Types of plats required. The city will consider two types of plats for approval; perimeter subdivision plats and full subdivision plats. The requirements for each type of plat are provided for in this Code. A property owner/developer may submit either of the two types of plats provided for by this Code for review and approval. A full subdivision plat or replat shall be approved by the city and recorded in the records of Broward County for all land with residential fee simple ownership lots. A perimeter subdivision plat satisfies the requirements for a plat of nonresidential land and a plat of residential land without fee simple ownership. Certificates of occupancy shall not be issued for buildings within the replatted property until such time as the replat has been recorded.

509.3.

Plat required. No building permit shall be issued for a principal building unless a plat including the parcel or parcels of land on which the building will be constructed has been approved by the Broward County Commission and recorded in the official records of Broward County subsequent to June 4, 1953, PB 32-15. This section shall not apply to an application for a building permit which meets the criteria for a plat waiver as provided for herein.

509.4.

Plat waivers. In those instances, and only those instances where Broward County does not require platting or replatting, the city commission may waive any or all of the platting regulations provided for in this section. In granting said waiver, the city commission may prescribe specific requirements or conditions designed to achieve the objectives of these LDRs for each individual case.

509.4.1.

Application required. Application for any such waiver shall be submitted to the city in writing by the property owner on forms provided by the community development department. The petition shall identify the sections of these LDRs from which the waiver is requested and shall state fully the grounds for the application and all facts relied upon by the petitioner. A fee as established by the city shall be paid by the petitioner. The community development department shall establish the information necessary to process the application.

509.4.2.

Public hearing and notice. The public hearing and notice provisions for a plat waiver shall be the same as for a final plat.

509.4.3.

Conditions for granting waiver. No plat waiver shall be granted unless the city commission finds that all of the below requirements have been satisfied:

(a)

That the granting of the waiver will not be detrimental to the public welfare.

(b)

That the granting of the waiver furthers the goals, objectives, and policies of the city's comprehensive plan.

(c)

That the granting of the waiver will not violate any provision of the city's comprehensive plan.

(d)

That all land which is necessary to comply with the Broward County Trafficways Plan and appropriate city plans have been conveyed by deed or easement, at the option of the unit of government.

509.5.

Preliminary plat, advice and comment at developer's option. Upon request of the developer and payment of an application fee, a preliminary plat may be reviewed by the development review committee. The comments and advice of staff, however, shall not be binding on the city commission or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission.

509.6.

Final plat review. A petitioner for final plat approval shall submit either a partial subdivision plat or full subdivision plat pursuant to the requirements of this section. Final plats shall be reviewed by the development review committee (DRC), and approved or denied by the city commission. An application shall be submitted in compliance with the requirements of this Code. The DRC chairman shall distribute copies of the complete final plat application to the DRC members for review. The DRC chairman shall advise the applicant of the scheduled meeting dates and public hearings.

509.6.1.

Final plat application requirements. The final plat and application shall be filed with the community development department on forms provided by that department. The application shall be submitted in accordance with the required number of copies and an application fee as established by the city. The recording costs for legal documents and fees for notification shall be paid prior to and as a condition for the plat to be submitted for public hearing before the city commission. In addition to the plat and application, the applicant shall submit the following information.

(a)

The requested number of copies of a sealed topographic survey. The survey shall cover the entire area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The survey shall contain at a minimum the following information.

(1)

Property boundaries;

(2)

Existing watercourses, canals and bodies of water within or adjacent to the plat limits;

(3)

Existing easements within or adjacent to the plat limits and the purposes for which the easements have been established;

(4)

Existing streets and alleys on or adjacent to the tract, including name and right-of-way;

(5)

The survey shall reflect all encumbrances and restrictions specified within the owner and encumbrances report;

(6)

Existing spot elevations on a 50-foot grid and bench mark information used to established the elevations.

(b)

A lot parcel analysis, including the smallest lot size, largest lot size, average lot size, number of lots, acreage in each parcel, and number of parcels.

(c)

Written confirmation from all utilities franchised to operate in the city relative to the adequacy of proposed easements shown on the plat and their ability to co-exist with other utilities which may be placed within the easement.

(d)

The applicable base flood elevation information.

(e)

Title certification from a title company licensed in the state or an opinion of title from an attorney licensed to practice in the state, including a statement of restrictions, reservations, liens and encumbrances. The certification shall be prepared within 30 days of the plat submittal.

(f)

Any optional studies that may be required by the community development department when that department deems it necessary in order to ascertain the adequacy of public facilities or other matters within the public interest.

(g)

If required by the administration, a draft agreement concerning the payment of all required public facilities and impact fees.

(h)

Schematic subdivision improvement plans for the improvements necessary to bring water, sewer and public access to the project, including all off-site improvements required by the platting process, shall be submitted in conformance with this Code.

(i)

Legal documents in draft form ensuring perpetual maintenance of private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas.

(j)

An original title certificate or an attorney's opinion of title, and a tax letter or receipt from the Broward County Revenue Collection Division.

(k)

Broward County D.N.R.P. conceptual approval where required.

(l)

Copies of all land development licenses applied for including water management, dredge and fill permits.

(m)

A list of all easements and rights-of-way to be vacated by the plat. The list shall specifically reference the easement, purpose, and instrument of record.

(n)

A computer disk of the plat in Autocad DWG format.

509.6.2.

Plat document requirements. The final plat submitted for approval shall be clearly and legibly drawn in black water proof drawing ink upon Mylar drafting film of three one thousandths inches thickness minimum or other material approved by the city engineer. The final plat shall be on sheets of 24 inches by 36 inches overall with one-half-inch borders on three sides and a three inch border on the left. When the size or shape of the subdivision necessitates more than one sheet, each sheet is clearly marked as near as possible to the upper right corner "Sheet No. (...) of (...) Sheets". All multiple sheet plats shall be clearly cross-referenced to the proper sheet number at the match lines and a reasonable portion of the overlapping area shall be shown in outline form. In addition, every sheet shall have placed in the upper right corner outside the border "Plat Book..., Page... for the use of the recorder. The final plat shall be on a scale no smaller than one inch equals 100 feet provided that large plats may be at a smaller scale of sufficient size to show all required detail as determined by the city engineer.

The information required by this section is intended to supplement F.S. ch. 177, on Land Boundaries, Part I Platting, as amended. The requirements for platting found in that law and the Broward County Land Development Code are authorized in these LDRs by reference as if fully set forth.

A full subdivision plat shall contain all the information required in the following items (1) thru (25). A perimeter subdivision plat shall contain all the following information required in items (1) thru (25) except items (19), (20) and (21).

(1)

Subdivision name or identifying title including the section(s), township(s), range(s), city, county and state.

(2)

A location sketch showing the city boundaries, the proposed subdivision within these boundaries, and all major roads.

(3)

For plats with multiple pages, one page of the plat shall be a key map sheet which shall show the entire property being platted and the sheet number of the plat upon which the specific plat information is to be found. Each plat sheet showing detailed plat information shall also include a key map showing the location of that page in relation to the other plat sheets and plat boundaries.

(4)

North point, graphic scale and month and year plat was drawn.

(5)

A complete description of the land intended to be subdivided and the extent and boundaries of the platted area shall be graphically indicated in a clear and understandable manner.

(6)

Boundary lines of the property being platted with accurate distances to the hundredths of foot and sufficient angles, bearings, or azimuth to show direction of all lines shall be shown. All bearings, angles or azimuth shall be shown to the nearest second of arc. These boundaries shall be determined by an accurate survey in the field in accordance with minimum technical standards set forth by the state board of land surveyors pursuant to F.S. ch. 472.027.

(7)

The exact layout shall show sufficient survey data to positively describe all bounds of every lot, block, street, street names, alley, easement and all other areas shown on the plat. Curvilinear lots shall show the radii, area distance and central angles or radii, cord and cord bearing or both. Radial lines will be so designated. Direction of non-radial lines shall be indicated.

(8)

Accurate computation of the square footage of each parcel, tract and lot, and the total acreage of land proposed to be platted.

(9)

The accurate outline of all property which is to be dedicated or proposed for public or quasi-public use, including but not limited to drainage canals, lakes and utility easements, and all property that may be reserved for the common use of the property owners in a subdivision, with the purpose indicated thereon.

(10)

The accurate location of all permanent reference monuments (PRM) as required by F.S. ch. 177. PRMs must be placed at each corner or change in direction on the boundary of the lands being platted and may not be more than 1,400 feet apart.

(11)

The certificate of the surveyor attesting to the survey and that the permanent reference monuments have been established according to F.S. ch. 177.

(12)

Names and locations of adjoining platted subdivisions, the adjacent portions of which shall be shown in outline form.

(13)

The exact names, locations and widths along the property lines of all existing or recorded streets intersecting or paralleling the boundaries of the tract.

(14)

Location and width of all Broward County trafficways rights-of-way.

(15)

Location and width of all proposed and required arterial road ultimate rights-of-way.

(16)

Location and width of all collector road ultimate rights-of-way (a collector road being the principal traffic circulation facility within the platted area).

(17)

Proposed ingress and egress locations and dimensions to all trafficway and arterial roadways.

(18)

All parcels or tracts designated by letters or numbers.

(19)

Residential lots numbered in numerical order beginning with number one in each block and blocks lettered in alphabetical order, omitting the letters "I" and "O."

(20)

Location and width of all proposed minor streets, frontage streets, alleys and easements.

(21)

Proposed residential lot lines with dimensions.

(22)

Dedications. The plat shall contain an unreserved dedication of all streets, highways, alleys, parks or other public places included within the plat. The plat shall also contain dedications for all landscape, drainage, and utility easements which are required. Such dedications must be subscribed to by the legal and equitable owners of said lands and by all persons holding mortgages against said lands. These dedications shall be acknowledged before an officer authorized to take acknowledgments.

(23)

City acceptance of dedications. The plat shall contain language regarding the city's acceptance of the public land being dedicated to the city. The language shall include the area of land being dedicated and the purpose of the land's use.

(24)

Space and form for the following necessary approvals:

City manager attested by the city clerk, with seal; city engineer, with seal;

Water management district or improvement district having jurisdiction within the subdivided area. All other approvals required by the state or Broward County.

(25)

Acknowledgment by the owner or owners and all mortgage lienholders of lands included within the plat and execution of same.

509.6.3.

Review by DRC. The development review committee shall meet to determine if the proposed plat complies with the submittal requirements of this section and all other applicable land development regulations. The DRC shall review with particular attention to such factors as: width, arrangement, access, location and type of streets; dedications; surface drainage; water supply; sewage disposal; lot sizes and arrangements; requirements for parks, open space, school sites, public building sites; and the adopted level of service standards. The chairman shall submit a written report incorporating the findings of the development review committee to the applicant and city manager.

509.6.4.

Review by city commission. All final plats must be submitted to the city commission for action at a public hearing. Notice of the public hearing on the final plat by the city commission shall be provided pursuant to these LDRs.

No final plat, however, shall be scheduled for said public hearing until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the authority contained in this Code. The community development department shall submit the DRC chairman's report to the city manager, for transmittal to the city commission. The city commission shall review the final plat application and the recommendations of the DRC and take one of the following actions:

(a)

Approve the final plat as presented if the plat is found to be in conformance with these regulations, and issue a resolution setting forth such approval;

(b)

Approve the final plat with conditions, and issue a resolution setting forth such approval and conditions;

(c)

Disapprove the final plat when not found to be in conformance, setting forth the reasons for such disapproval.

509.7.

Endorsement of final plat. Upon approval of the final plat by the city commission, the final plat shall be endorsed by the city manager and attested to by the city clerk. The community development director shall forward the signed original of the final plat to the subdivider for county approval.

509.7.1.

Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest in all legal and equitable interests in the parcels of land so dedicated, to be held by the city in trust and the approval of the plat by the city commission shall have the force and effect of an acceptance of said legal and equitable interest. However, nothing herein shall be construed to create any obligation on the part of the city to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the city.

509.8.

Requirements for final city signature. Prior to final city signature upon a plat for recordation, a schematic subdivision improvements plan must be approved by the city as provided for in this Code. In addition, the developer shall have executed approved agreements concerning the payment of the developer's share of required public facilities, impact fees, and any other requirements of the final plat approval. The subdivider shall provide proof of payment to Broward County in an amount necessary for the county to provide two copies of the recorded plat (including delivery) to the city upon final recordation. The subdivider shall also provide one copy of the final plat, as approved by the city, on computer disk in Autocad DWG format or other format deemed acceptable by the city engineer.

509.9.

Time limitations of final plat approval. The burden is on the property owner to record the plat within the time specified by Broward County. Failure to record within the time specified by Broward County shall render the approval of said plat null and void.

509.10.

Enforcement provisions.

509.10.1.

Recording of plat. No plat shall be recorded in the public records of Broward County or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the city commission. In the event any such unapproved subdivision is recorded it shall be considered invalid and the city commission may institute proceedings to have it stricken from the public records of Broward County at the owner's cost.

509.10.2.

Permits. The chief building official shall not issue any building permit for any principle building to be constructed within the city unless and until said official receives a certification from the community development director that the provisions of this section have been met. Prior to and as a condition of securing said certification, the petitioner for plat approval, or the successors in interest, shall file a reproducible Mylar of the duly recorded plat with the city.

509.10.3.

Public improvements. The city hereby determines it to be public policy that the city shall withhold all public improvements and services of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water services from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the commission in the manner prescribed by the land development code.

509.10.4.

Revision of plat after approval. Prior to recording any plat in the public records of Broward County, the petitioner shall provide to the city engineer a copy of the subject plat reflecting all corrections and/or modifications which may have been made subsequent to the plat approval by the city commission.

The city engineer shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the city commission.

After his review, the city engineer will provide the petitioner with a letter which will either authorize recordation of the revised plat or require that the revised plat be returned to the city commission.

509.10.5.

Failure to satisfy conditions of approval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the city manager. If upon written notice by the city manager the applicant fails to correct the failures the city commission shall be notified. The city commission upon notice to the property owner shall hold a public hearing if the city commission finds that the conditions have not been satisfied, the city commission shall take immediate corrective action to ensure compliance.

509.11.

Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by both the city engineer and community development director that the subject property was platted subsequent to June 4, 1953, and that the regulations in this section have been met upon payment of any fees for the cost of processing. Exemptions to platting requirements shall conform to those rules promulgated in section D.2, chapter IV of the Broward County Land Use Plan and Section 7.6 of the Administrative Rules Document of the Broward County land use plan.

Notwithstanding that a plat modification is exempt under Broward County regulations, the community development department and engineering division may require that any or all of the following items be provided and approved:

(a)

Current survey.

(b)

Sketch plat.

(c)

Master parking plan.

(d)

Secondary access plan.

(e)

Alley, access, drainage, utility, planting, or other easements.

(f)

Paving and drainage plan.

(g)

Sewer and water.

509.12.

Building permits prior to plat recordation. Except as provided for in this section, no person or entity, shall be eligible for any building permit for a principal building on property located within the city for land which requires platting.

509.12.1.

A building permit may be issued for a parcel of land for which plat approval has been given by the board of county commissioners and the city commission, although the plat has not yet been recorded, provided such authorization is granted in an agreement among the developer, the city and the county. Such agreements shall at a minimum require compliance with the applicable provisions of plat approval and shall prohibit both the issuance of a certificate of occupancy, and the contract for sale or lease of any such lot to the ultimate consumer until the plat is recorded. The city and county shall be required to make a finding that facilities and services will be available at the adopted level of service standards concurrent with the issuance of the building permit.

509.12.2.

A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Commission and the city commission find that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the board and city determine that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. Such a finding shall be made by agreement with the city and county. A certificate of occupancy shall not be issued until the plat is recorded.

509A.1.

Vacating rights-of-way or easements. The city commission may, of its own motion or upon the petition of any person adopt a resolution vacating, abandoning, discontinuing, and closing any existing public or private street, alleyway, road, highway or easement and disclaiming any right of the city and the public at large to any land contained therein. Prior to the adoption of such resolution, the commission shall hold such resolution, the commission shall hold a public hearing and publish notice thereof. The resolution, as adopted, and the proof of publication of the notice of adoption of the resolution shall be recorded in the public records of the county.

509A.2.

Encroachments upon easements. Notwithstanding anything to the contrary in this section, the city manager or his or her designee may issue a consent to encroach on a platted easement provided the following conditions are met:

509A.2.1.

The encroachment on the platted easement is de minimus in nature, as determined by the city manager or his or her designee; and

509A.2.2.

The encroachment is the result of a permitted or approved structure; and

509A.2.3.

All utilities and/or potentially impacted governmental entities having right to the affected easement consent in writing to the encroachment.

510.1.

Schematic subdivision improvements plan.

510.1.1.

Filing. Concurrent with the submission of a final subdivision plat, the applicant must submit a schematic subdivision improvements plan for all improvements necessary to bring water, sewer, roads and other required public improvements to the site including all paving, grading and storm drainage facilities required by the plat. Schematic engineering plans shall conform to the final plat and the city's subdivision improvements standards and specifications. The plan shall be 24 inches times 36 inches size and to a scale not more than one inch equals 100 feet, except where a smaller scale is approved by the city engineer. The schematic subdivision improvements plan shall include or be accompanied by the following:

(a)

Sketch of existing buildings footprints, utility poles, underground utilities and other structures within 100 feet of the area included in the proposed plat;

(b)

Location and width of all existing pavements, and type of pavement;

(c)

Locations and widths of proposed street pavements (with typical cross sections);

(d)

Locations and widths of all proposed sidewalks, walkways and bike paths, if any are required (with typical cross sections);

(e)

Location and description of proposed stormwater facilities; and

(f)

General direction of flow of stormwater along the street and swales.

(g)

Location and description of the water and wastewater facilities which will serve the site.

(h)

Wetland mitigation areas.

(i)

Any other information deemed necessary by the public works director.

510.1.2.

Review and approval of schematic improvement plans. The public works director shall review the schematic subdivision improvements plan and shall approve or deny said plans.

510.2.

Final subdivision improvements plan.

510.2.1.

Filing. Prior to the issuance of an engineering construction permit, the applicant must submit a final detailed subdivision improvements plan in conformance with the department's plan review checklist which is on file in the public works department. These plans shall show all information required for schematic improvements plans and all paving, grading, stormwater, drainage, water and sanitary sewer facilities to be provided by the applicant as part of the development. A final site plan shall be approved prior to approval of the final improvements plan. The applicant shall submit to the city the required number of copies of the signed and sealed final subdivision improvements plan. Subdivision improvements plans shall conform to the approved final plat and final site plan, the city's subdivision improvement standards and shall be 24 inches times 36 inches in size, to a scale of not more than one inch equals 50 feet, except where a smaller scale is approved by the city. A copy of the improvements plans shall be submitted on computer disk in DWG format. Appropriate security shall be provided for all public improvements. The engineer of record shall certify that the plans as submitted are in conformance with the approved site plan. The improvements plan shall include or be accompanied by the following:

(a)

A sealed current survey showing existing topography and existing improvements. The survey shall include:

(1)

Existing ground elevations on a grid system having a grid interval appropriate to the overall property; not be less than one inch equals 50 feet;

(2)

Existing buildings, utility poles, underground utilities and other structures within 100 feet of the area included in the proposed plat;

(3)

Perimeter spot grades;

(4)

Certification that no dedications or improvements exist except as shown.

(b)

Engineering plans including, but not limited to:

(1)

Location, width, and profile elevations of all existing pavements, and type of pavement, construction, such as rock base course, subgrade, etc.;

(2)

Location and widths of proposed street pavements, and their proposed centerline grades, and driveway locations;

(3)

Location and widths of proposed sidewalks, walkways and bike paths, if any are required;

(4)

Location and description of proposed drainage structures, including length of exfiltration trenches, proposed finished floor elevations of building sites, gutters and inlets;

(5)

Direction of flow of gutters, ditches and swales and final disposition of stormwater;

(6)

Water distribution system, sewage collection system, lift stations, mains and the like;

(7)

Data on size and character of drainage area tributary to each inlet; latitude and longitude of all outfalls and culverts; percolation test data and design computations for runoff and sizing of drainage facilities;

(8)

Location and width of all existing and proposed easements for water, sewer, drainage and franchise utilities.

(9)

Typical sections of all proposed street pavements which shall include the following:

a.

Width of pavement and crown slopes.

b.

Width and grade of gutters.

c.

Width and slope of shoulders.

d.

Width and grade of sidewalks.

e.

Side slopes to natural ground, including side ditches of canals, if any;

f.

Positions of right-of-way lines indicating existing and proposed dedication;

g.

Materials of road construction and other dimensions, such as thickness of base and surface course, which shall conform to city specifications.

(c)

Profile sheets showing proposed grades for street and stormwater drainage construction and water and sewer mains shall be furnished if requested by the city.

(d)

An estimate of the cost of construction of all improvements shown on the improvements plan, sealed by a professional engineer registered in the state.

(e)

Final legal documentation acceptable to the city's attorney ensuring perpetual maintenance of private roads, parking areas, drainage systems, common areas and landscaping within the adjacent public right-of-way.

(f)

Wetland mitigation areas including grades.

(g)

A plan which shows the relationship of landscaping to utilities and lighting.

(h)

Any other information deemed necessary by the public works director or fire chief.

510.2.2.

Review and approval of final improvement plans. The public works director shall review the final subdivision improvements plan and cost estimate and shall approve or deny said plans and cost estimates.

510.2.3.

Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the public works director that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the public works director may approve modifications to the improvements plan. These modifications shall be within the spirit and intent of the city commission's approval and shall not extend to the waiver or substantial alteration of the function of any improvements required by the city. Modifications shall substantially comply with an approved final site plan or final plat. The city shall issue any authorization under this subsection in writing. The process for modification of approved plans shall be in the same manner as required by this section for approval of plans.

510.3.

Posting of security.

510.3.1.

Security required. The applicant shall post a payment and performance bond or other security with the city in a form acceptable to the city manager in the amount of 125 percent of the final estimated cost of construction of all required public improvements as approved by the public works director. Improvements shall include but not limited to roads, drainage, landscaping, irrigation, curb and gutter, sidewalks, and water and sewer utilities. This security shall be posted prior to the issuance of an engineering construction permit. The security shall be a surety bond, letter of credit, or other acceptable security to guarantee that the improvements shall be made in accordance with approved plans and specifications.

510.3.2.

Return of funds. The original security may be reduced to 25 percent of the original amount, provided that; the plat has been recorded, the required improvements are completed and ready for acceptance by the city, release of liens have been received by the city, and all required easements have been dedicated. The reduced security shall be continued for a period of one year from the date of acceptance of the improvements by the city commission to cover latent defects, maintenance and repairs.

510.4.

Construction of improvements.

510.4.1.

Inspection of improvements. At least one day prior to commencing construction of required improvements, a pre-construction conference shall be scheduled and the applicant shall notify the city engineer in writing of the time when he proposes to commence construction of such improvements. No construction permit shall be issued until appropriate security has been posted and all other necessary permits have been issued. The developer shall, at his expense, and at no risk or expense to the city, retain the services of a registered professional engineer for the purposes of providing necessary observation, directly or through an authorized representative, and certification of the construction of public improvements to insure that construction is at all times in compliance with accepted construction practices and in compliance with the approved plans and specifications. The engineer of record or his representative shall keep accurate records of all required tests and inspection of public improvements. A copy of each field report shall be submitted to the city.

510.4.2.

Proper installation of improvements. If the city finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with plans approved by the public works director, the city may take action to stop construction or issuing further development permits. The city shall notify the applicant, and if necessary, the agency securing the applicant's performance, and shall take all necessary steps to preserve the city's rights under the security.

510.4.3.

Completion of improvements. The public improvements shown on the approved final subdivision improvements plans for that parcel or phase of construction, with the exception of the final lift of asphalt pavement and the permanent pavement markings, shall be completed and ready for acceptance by the appropriate governmental agencies prior to the first certificate of occupancy being issued for the parcel or phase of construction.

511.1.

Required. Except as provided in section 511.2, application for site plan approval for all development shall be submitted to the community development department for review by the development review committee (DRC) prior to the issuance of building permits. Site plans shall be submitted to the city commission for final review. The city commission shall establish the filing fees for site plan review and exceptions to site plan review. The development review committee (DRC) shall evaluate the site plan as it relates to conformance to the LDR and comprehensive plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the city and promote the health, safety and welfare of its citizens.

511.2.

Exempt development. The following activities shall not require submission of a site plan pursuant to this section.

(a)

The deposit and contouring of fill on land.

(b)

Construction of one single-family home on one existing single-family lot. This exemption shall not apply to single-family lots which are part of a planned unit development which does not have master development plan approval, or to projects rezoned pursuant to the city's master zoning plan designation.

(c)

Construction of a single duplex on an existing duplex lot.

(d)

Accessory uses which would not increase plot coverage of the principal structure.

(e)

Land clearing activity done in compliance with a valid land clearing permit issued pursuant to this Code and a city engineering permit.

(f)

Demolition.

511.3.

Exceptions. The director of community development shall review applications and determine if they qualify for an exception to site plan review. The director of community development shall notify the applicant of this determination within 15 days. The director of community development's determination that a development is an exception shall be based for the following:

a.

Addition to existing sites of awnings, canopies or ornamental structures, provided said structures do not violate any specific provision of these LDRs.

b.

Relocation of pools, parking spaces, drives and driveways by less than ten feet, provided such relocation does not violate any specific provision of these LDRs.

c.

Modifications of stairs or elevations of decks, porches, terraces, trees, hedges and fencing; similar types of improvements.

d.

Addition to existing sites of parking spaces not to exceed 25 percent, including fractions thereof, of the total number of existing parking spaces.

e.

Additions to existing sites of buildings which do not increase the total floor area of the structure in excess of ten percent.

f.

Construction of a new nonresidential structure having less than 5,000 square feet of floor area and related site improvements.

g.

Site plans approved as part of a conditional use applications.

h.

PUD zoning approved by city commission prior to adoption of these LDRs, if vested pursuant to section 103.3. New or revised PUDs shall be subjected to site plan approval.

511.4.

General site plan application requirements. All site plans must be prepared, signed and sealed by one or more of the following professionals:

(1)

A landscape architect registered by the state.

(2)

An architect registered by the state.

(3)

A civil engineer registered by the state.

(4)

A land surveyor registered by the state.

511.5.

Preliminary site plan submission requirements. An application for preliminary site plan review shall include nine sets of folded and collated plans containing the following:

511.5.1.

On-site sealed current (within one year) survey prepared by a state-registered land surveyor, certified as to meeting the requirements of chapter 21HH-6, Florida Administrative Code. At a minimum the survey shall show the property's topography, water bodies, easements, rights-of-way, existing structures and paved areas. This survey shall be based upon ownership and encumbrance report and shall so be stated on the survey itself.

511.5.2.

A tree survey is required if there are indications of existing native tree species on the site when development is proposed within city areas of particular concern as identified in the city's comprehensive plan. The tree survey shall comply with the following minimum standards:

(a)

Tree surveys shall be prepared by and bear the seal of a registered land surveyor licensed to practice in the state. Tree species shall be identified by a registered landscape architect licensed to practice in the state.

(b)

Surveys shall be prepared in the same scale as the site plan.

(c)

Surveys shall delineate property boundaries, easements, rights-of-way, bodies of surface water, and protected trees or groupings of trees. The species of trees to be removed or relocated shall be identified. In the case of a groupings of trees, the predominant species mix and estimated number shall be identified. Trees or areas of vegetation which are required to be preserved shall be delineated. Areas infested with prohibited or controlled plant species shall also be delineated and identified. Surveys shall also indicate such other information as may be required by the community development department that is reasonable and necessary for the adequate administration of this section.

511.5.3.

Site development plans (scale to be 1"=20' unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following:

(a)

The location, size, and height of all buildings, walls, fences, walkways, driveways, parking areas and loading areas.

(b)

The building and floor plan, including roof plan.

(c)

Location, character and enclosure of all outside facilities for waste storage and disposal.

(d)

Exterior elevations with material and color designation.

(e)

Preliminary landscaping plan (signed and sealed by a state-registered landscape architect).

(f)

Location, size, character, height and orientation of all signs.

(g)

Placement, height, and fixture design of all exterior lighting fixtures and certification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the footcandle levels at the adjacent private property lines.

(h)

Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300 feet of the subject property.

(i)

Information as to all perimeter buffer requirements for adjacent properties.

(j)

A master site plan is required for all phased development.

(k)

Site data information including but not limited to zoning districts, required and proposed lot coverage, open space, parking, building height, density, setbacks and lot size information.

511.6.

Final site plan filing. A final site plan shall only be filed following a determination by the DRC that the preliminary site plan is in substantial conformance with the LDRs. A final site plan shall be approved by the city commission prior to issuance of any building permit. Final site plan review shall include nine sets of revised plans folded and collated containing the same items as required for preliminary site plan review plus the following:

(a)

Details of all types of parking spaces provided.

(b)

All signage locations, types and details.

(c)

Complete landscape plan (signed and sealed by a state-registered landscape architect). Plans shall include required and provided quantities of plant materials.

(d)

Engineering plans (scale to be 1"=20' unless prior approval is received otherwise) including water, sewer, paving and drainage and utility locations.

(e)

Locations and details of all entry features (if applicable).

511.7.

Development review committee (DRC). DRC shall require that the development satisfies the following criteria:

The DRC shall evaluate the site plan as it relates to conformance to the requirements of these LDRs, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the city and promote the health, safety and welfare of its citizens.

(1)

All applicable codes of the city. The goals, objectives, policies and other applicable requirements of the city's comprehensive plan.

(2)

Approved and accepted architectural and engineering design concepts.

(3)

Consistency with the aesthetic character of the city.

(4)

Dedication or conveyance of property for public rights-of-way as necessary to comply with the trafficways plan and other applicable city plans.

511.8.

Meeting of the planning and zoning board. The planning and zoning board shall conduct a public hearing in which they discuss the DRC report and the final site plan approved by the DRC, prior to making a recommendation concerning the project to the city commission. If the planning and zoning board determines that the site plan is in compliance with the development standards of this section, then they shall recommend approval of the site plan to the city commission, with or without conditions, as determined appropriate. If the planning and zoning board finds that the proposed site plan is not in compliance, they shall recommend denial of the application. The planning and zoning board may continue the matter until the requested additional information or studies have been completed and offered in testimony.

511.9.

City commission review. Except for plans qualified for exception under section 511.2.1, upon a determination by the DRC that a site plan complies with the review criteria stated in section 511.6, the site plan will be scheduled for review by the city commission.

511.10.

Review procedure for site plan approval. Except as exempted under section 511.1, "Exempt development," or where DRC action is final for exceptions under section 511.2.1, all site plans will be placed on the quasi-judicial portion of the city commission agenda for final city commission action. Action by the commission shall consist of one of the following:

(1)

Remand site plan to the planning and zoning board for review and recommendation.

(2)

Continue or table the site plan in order to obtain additional information.

(3)

Approve, approve with conditions, or deny the site plan.

511.11.

Review procedures for exceptions.

(1)

The DRC shall consider and act on-site plan applications for exceptions under section 511.3.

(2)

The DRC may either approve, approve with any reasonable conditions, limitations or requirements, disapprove, or postpone consideration of any application pending submittal of additional information which may be required to make a determination. The DRC shall submit the decision in a written report to the applicant. The report shall be provided to the applicant and kept on file in the department of community development. A copy shall be filed with the community development department for public inspection.

(3)

A DRC approval of a plan for development listed in section 511.3, "Exceptions," is final without city commission review and determination, unless appealed by an adversely affected person.

(4)

If the plan qualifying for exception is denied by the DRC or the applicant disagrees with conditions set forth on the approval, the applicant may appeal the decision to the city commission in the form of a variance, rezoning, or comprehensive plan amendment." The affected party must file a notice of appeal, in a form approved by the city attorney, with the community development director within 15 days of the DRC determination.

(5)

Any adversely affected person may appeal the decision of the DRC. Such appeal shall be to the city commission pursuant to section 301.1(i). The adversely affected party must file a notice of appeal, in a form approved by the city attorney, with the community development director within 15 days of the DRC determination.

511.12.

Approved plans. Revised site plans (sign off version) will be submitted to the community development department. Upon a finding that the site plan (sign off version) is in conformance with the city commission approval or DRC approval as outlined in this section, the site plan shall be signed by all DRC members.

(a)

Prior to the issuance of a building permit, a Mylar copy of the approved site plan shall be submitted to the community development director. The Mylar shall be in the same scale and identical to the approved site plan.

(b)

All building permit plans shall conform to the approved site plan.

(c)

Approved plans will be signed by the professional preparing them

511.13.

Time limit for approved plans. A site plan approved pursuant to city commission action shall remain valid for a period of 18 months from the date of approval. If no building permit is issued within the 18-month time period, the site plan shall be considered null and void. Additionally, if at anytime building permits lapse after expiration of said 18-month period, the site plan shall be considered null and void. A six-month extension may be granted by the community development director, provided that the application for same is filed prior to the expiration of the site plan approval and construction of the site has been diligently pursued.

511.14.

Site plan revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section, the fee for processing the revision shall be the same as the initial submittal. All other revisions shall require a minor modification processing fee as established by the city commission. The community development director shall have the discretion based on the above guidelines to determine whether a proposed revision is major or minor. A major site plan revision requires complete final site plan review and approval. The applicant may appeal the decision of the community development director to the city commission within 15 days of the decision of the community development director. The decision of the city commission shall be final and binding upon the applicant.

(Ord. No. 07-10, § 2, 5-8-2007)

512.1.

Purpose. The review of engineering and subdivision plans by the department of public works, engineering and construction services division and the issuance of appropriate permits upon such review is necessary, appropriate and required to insure that all work indicated therein is performed in conformance with the applicable codes, the specified engineering standards and technical specifications and the city's general and special conditions. As well, the review and permitting process is designed to facilitate monitoring of the performance of the work and to encourage the timely completion thereof.

512.2.

Process. Applicants for permits to perform engineering and or subdivision work such as earth movement, included all types of excavation, grading, paving, underground utilities, roads, sidewalks, docks, bridges, canals, and all other engineering categories listed by the state and the Broward County licensing board as required an engineering contractor's license, shall submit the following materials to the city's development services center:

(a)

A completed engineering permit application executed by the contractor responsible for the work.

(b)

Proof of qualifications (certificate of competency) and a current occupational license.

(c)

Proof of insurance.

(d)

Four sets of construction drawings bearing the impression of the design engineer of record.

(e)

Surety bonds or cash bonds as required.

(f)

Copy of the executed contract between the contractor and developer showing the cost of the proposed work.

(g)

Applicable engineering fees as described in chapter 13.

(h)

A copy of the qualifier's driver's license.

512.3.

Engineering construction permit. No land development activity including: clearing and grubbing; filling or excavation work; road construction; underground utility installation and/or rehabilitation; and/or other activity shall commence without first obtaining engineering plan approval, an engineering construction permit, and paying the appropriate fee.

512.4.

Engineering excavation permit. No excavation shall commence without first obtaining engineering plan approval of the excavation activity, an engineering excavation permit, and paying the appropriate feel.

512.5.

Annual permit for mining, quarrying or excavation. An annually renewable engineering permit issued in accordance with the regulations of this Code shall not be transferable and shall be obtained prior to commencing any resource extraction activity pursuant to this Code. Said permit shall be renewed on the first day of each calendar year, subject to compliance with all city requirements and regulations and the payment of any required fees.

512.6.

Engineering right-of-way crossing permits. No right-of-way crossings that involve the cutting or removal of pavements shall commence without first obtaining plan approval, an engineering right-of-way crossing permit, and paying the appropriate fee.

512.7.

Revocation of engineering permits. The city shall revoke an engineering permit pursuant to any of the following situations.

(a)

City final plat approval has expired.

(b)

The security posted with the city to guarantee the construction of the engineering improvements is in default or has expired.

(c)

Failure to commence engineering construction within one year of the date of the engineering permit issuance and/or lapse of the engineering work on the site for a period of greater than three consecutive months, after the one-year period, when there is no active city building construction permit in effect on the site.

(d)

The absence of a designated developer's engineer of record for a period of seven consecutive calendar days. Said engineer shall be as defined in F.S. ch. 471, representing the developer, in responsible charge of the permitted engineering work at all times. Any successive developer/builder's engineer for the job shall be able to document and produce, upon request, evidence that he or she has, in fact, repeated all the work done by the original engineer, per the requirements of F.A.C., ch. 61 G15-27.001.

(e)

Failure to maintain a safe building site as determined by the chief building official in accordance with City Code.

The city engineer or his designee shall notify the developer in writing that it intends to revoke an engineering permit. The developer may appeal the decision to the city manager.

(Ord. No. 07-20, §§ 2—8, 7-10-2007; Ord. No. 08-12, § 2, 4-22-2008)

513.1.

Purpose and applicability. The building or site improvement permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by this Code must be applied for and obtained before an application for a building permit may be considered for approval by the city. Any qualified applicant desiring a permit to be issued by the building official as required, shall file an application in writing on a form provided by the community development department for that purpose. No development shall occur until and unless the building division has issued a building or site improvement permit.

513.2.

Application requirements. Each application shall describe the land on which the proposed work is to be done, by legal description and address; shall show the use or occupancy of the building or structure; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the building official to describe the proposed work; and shall be attested by the qualified applicant.

513.3.

Action by community development department. The building official shall review all applications for building permits or certificates of occupancy for compliance with the provisions of this Code, the City Code and the Florida Building Code, as amended. The building inspection division shall issue a building or site improvement permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes, and the applicant has previously obtained a certificate of level of service compliance and any other approvals required by this Code.

513.4.

Permit card. Upon approval of plans, specifications and application for permit and the payment of the required fee, the building official shall issue a permit therefor. With each permit, the building official shall issue a weather resistant permit card which shall bear the description of the property, the nature of the work being done, the name of the owner and contractor and other pertinent information; and such card shall be maintained in a conspicuous place on the front of the premises affected thereby during the hours of work in progress and available on demand for examination by the building official.

513.5.

Florida Building Code adopted. The city hereby adopts the Florida Building Code, as it may be amended from time to time, as the official regulation governing the construction of buildings and structures in the city. Any violation of the South Florida Building [Code] warranting a sanction or enforcement action shall be considered an enforceable violation of these LDRs.

514.1.

Purpose and effect. No new building or structure shall be used or occupied unless and until a certificate of occupancy has been issued by the building inspections division. No addition or structural alteration to any existing building or structure, other than a single-family detached dwelling, shall be used or occupied until and unless a certificate of occupancy or certificate of completion has been issued by the building inspections division. No new nonresidential use, and no change in the occupancy of an existing nonresidential use, shall be established until and unless a certificate of occupancy has been issued by the building inspections division.

514.2.

Standards and review. A certificate of occupancy shall be issued only after the premises have been inspected and found to comply with all applicable standards and requirements for the zoning district in which they are located, and that the use or structure conforms to the plans and specifications for which the building permit was issued.

514.3.

Action by building division and fire department. The certificate of occupancy shall be issued, or notice shall be given to the applicant specifying the reasons a certificate of occupancy cannot be issued, no later than 14 days after the building division is notified that the building or premises are ready for occupancy. No certificate of occupancy shall be issued until all inspections have been approved by all required city departments. The certificate of occupancy may be issued in the following forms.

(1)

Partial certificate of occupancy. A certificate of occupancy for less than the entire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for.

(2)

Conditional/temporary certificate of occupancy. In situations where life-safety concerns have been provided for, a certificate of occupancy conditioned upon the completion of specific enumerated items.

514.4.

Contents of certificate. Every certificate of occupancy shall be dated, shall state the use or occupancy of the land or structure involved, shall state that the use or occupancy complies with the terms of this Code, and shall be approved by and signed by the building official.

514.5.

Posted notice of issuance. Every certificate of occupancy required by virtue of a change in use or occupancy in a nonresidential zoning district shall be permanently posted in a prominent place on the premises at all times.

514.6.

Occupancy in conformity with approved site plan. No land or structure may be used or occupied for a purpose not in conformity with an approved site plan or special event permit. No certificate of occupancy may be issued for a use or occupancy that is more extensive, intensive, invasive or onerous than that stated on a site plan approval or accompanying developer's agreement.

515.1.

Purpose and applicability. This section is intended to provide for appeals from the decisions of decision-making and administrative bodies having development approval authority under this Code or from any written order, requirement, decision, determination, or interpretation made by an administrative official in the enforcement of these regulations. The right to appeal pursuant to this section is limited to the applicant for a development permit who believes he has been aggrieved by a decision. The authority to decide appeals shall be as specified in this Code.

515.2.

Filing of application and notice of appeal. An application and notice of appeal authorized under the provisions of this section shall be filed with the community development director in accordance with the general requirements of this Code. Applications shall be filed within 15 days of the written order, requirement, decision, determination, or interpretation of the Code. If an application is filed, the community development director shall then make a determination of completeness.

515.3.

Review. Upon receipt of a complete application the community development director shall review the application and forward to the city manager. The city manager shall schedule a public hearing to be conducted by the city commission. The city manager shall forward a copy of the application to the city commission together with a report and recommendation summarizing the facts of the case, any relevant documents and any comments received on the application.

515.4.

Action by the city commission. A public hearing shall be held by the city commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The city commission shall review the application, the report and recommendation of the administration and consider the evidence and testimony provided at the hearing. After the public hearing is held, the city commission shall issue a written decision and order granting the relief sought in the application, with or without conditions, or denying the appeal.

515.5.

Appeal of an order of the city commission. Appeals from any decision of the city commission made pursuant to the LDRs shall be in accordance with Rule 9.190, Florida Rules of Appellate Procedure.

516.1.

Intent and purpose. Applications for approval as they relate to plat access to trafficways, access to non-trafficway collector roads, applications for site plan approval and design reviews shall undergo CPTED review for all uses except for one single-family dwelling or one duplex. The CPTED review shall be completed by the DRC representative who shall have successfully completed 40 hours of basic CPTED training. Compliance with the comments noted by the CPTED reviewers shall be voluntary for sites not owned or leased by the city. To the extent, such comments are consistent with the provisions of the City Code, compliance with comments noted by the CPTED reviewers shall be mandatory for all sites owned or leased by the city.

516.2.

CPTED review. The CPTED review performed by the individual(s) set forth above shall encompass the following CPTED principles.

(a)

Provision of natural surveillance.

(1)

The placement and design of physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, guard gates, landscape trees and shrubs, fences or walls signage and other physical obstructions.

(2)

The placement of persons and/or activities to maximize surveillance possibilities.

(3)

Lighting that provides for nighttime illumination of parking lots, walkways, entrances and exits.

(b)

Provision for natural access control.

(1)

The use of sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exists.

(2)

The use of fences, walls or landscaping to prevent and or discourage public access to or from dark and/or unmonitored areas.

(c)

Provision of territorial reinforcement. The use of pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership of property.

(d)

Maintenance. The use of low maintenance landscaping and lighting treatment to facilitate the CPTED principles of natural surveillance, natural access control and territorial reinforcement.

517.1.

Structures, lot size and land use made illegal as a result of governmental acquisition. In the event that an acquiring authority acquires private property for a public transportation facility or other public purpose or facility and the acquisition results in the increase of or the creation of a nonconformity, such private property shall constitute an illegal non-conforming use unless a variance is granted in accordance with this section.

517.2.

Authority to apply for variance. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a variance from the land development code to cure non-conformities, pursuant to this section. Application may be made prior to or after the creation of the nonconformity.

517.3.

Authority to grant variances. The city commission shall have the authority to grant variances to cure non-conformities pursuant to this section.

517.4.

Standard for grant or denial of variance; conditions.

517.4.1.

Existing lots, parcels, structures or uses which become or will become non-conforming or suffer an increase in nonconformity as a result of governmental acquisition by an acquiring authority, and constitute a deviation from the standards of the LDRs, may be granted a variance by the city commission, provided a determination is made by the city commission, after public hearing that:

517.4.1.1.

The requested variance will not adversely affect visual, safety, aesthetic or environmental characteristics of the community;

517.4.1.2.

The requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles;

517.4.1.3.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity;

517.4.1.4.

The requested variance will not cause motor vehicle parking shortages which adversely impact the community; and

517.4.1.5.

The requested variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts.

517.4.2.

The commission may impose conditions upon any variance granted so as to assure compliance with the above listed criteria.

517.5.

Status of lots, parcels, structures or uses after granting of a variance. The granting of a variance pursuant to subsection 517.4 shall serve to cure the nonconformity, subject to implementation of the variance in accordance with the specific approval granted and in accordance with any conditions imposed upon the grant of such variance.

517.6.

Procedure for application for variance.

517.6.1.

The acquiring authority and/or property owner may apply in writing to the city manager or his designee for a variance pursuant to subsection 517.2. The application may request alternative cures. The applicable fee established for review and processing of the application shall be submitted with the application.

517.6.2.

If an application for a variance is submitted by the acquiring authority, the property owner shall be notified via certified mail, return receipt requested, of the application by the city manager or his designee.

517.6.3.

If an application for a variance is submitted by the property owner, the acquiring authority shall be notified via certified mail, return receipt requested, of the application by the city manager or his designee.

If the acquiring authority desires to submit an application for a cure in addition to the plan proposed by the property owner, it shall do so within 30 days of such notification, so that the applications of both the property owner and acquiring authority may be considered at the same time. If such application is not timely submitted by the acquiring authority, the application shall not be heard by the city commission unless the commission finds good cause for the delay by the acquiring authority.

517.6.4.

Hearings before the city commission shall be conducted in accordance with the procedure for quasi-judicial hearings. Public notice shall be provided in accordance with section 501.11.3.

517.7.

Expedited review; preliminary decision.

517.7.1.

The acquiring authority or property owner may request, and the city commission may grant an expedited review of an application in those situations in which the primary purpose of the application is to facilitate the property acquisition by providing input early in the acquiring authority's appraisal process.

517.7.2.

Under an expedited review, the application may be advanced for placement on a commission agenda any determination made by the commission shall be preliminary and non-binding.

517.7.3.

Thereafter, the applicant may request the application to be processed for final binding consideration pursuant to subsection 517.6.

517.7.4.

The application fee for an expedited review shall be the same as the fee for a regular variance application.

517.8.

Code violations.

517.8.1.

The provisions of this chapter shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be an immediate threat to the public health, safety or welfare.

517.8.2.

The appropriate building officials and inspectors of the city are hereby authorized to take any necessary steps to enforce all applicable building and safety codes even though the subject property is part of a pending governmental acquisition.

518.1.

Purpose. The purpose of this section is to provide a procedure whereby the number of dwelling units permitted on a plot or parcel of land may be increased in certain specific situations and subject to certain conditions in accordance with the applicable provisions of these land development regulations and the land use element of the city comprehensive plan. Flexibility units are the difference between the number of dwelling units permitted within a flexibility zone by the Broward County land use plan and the number of dwelling units permitted within the flexibility by the city. These flexibility units may be assigned by the city to a parcel to permit the residential development of land otherwise designated for commercial use, or to permit greater residential densities on a parcel previously designated for residential uses. Reserve units may be used in certain specific situations at the discretion of the city council to increase the density permitted on a plot over and above the density indicated on the city comprehensive plan land use map or to permit residential development on a parcel not otherwise designated for residential development.

518.2.

Procedure for reviewing application for flexibility or reserve units. An application for flexibility or reserve units shall be filed with the community development director, and shall contain the following information:

(1)

A statement and appropriate documentation of the applicant's interest in the property for which the application if filed;

(2)

The legal description of the property, accompanied by a map or survey which depicts the location of the property in relationship to major streets and landmarks;

(3)

A survey of the property which has been performed within one year preceding the date of application or a recorded plat;

(4)

A statement of the reasons for the requested increase in density and how the application adheres to the goals and objectives of the city comprehensive plan and the purpose of the reserve units concept as stated in said plan;

(5)

A statement of the number of reserve units requested and the overall number of dwelling units and the gross density with respect to the project which will result from the approval of the application and a statement as to the gross density which would obtain if the application were disapproved;

(6)

Such other information as shall be deemed by the city clerk to be necessary in order to evaluate the application.

Unless otherwise provided in this section, an application for flexibility or reserve units shall be processed and advertised in accordance with the procedures pertaining to an application for rezoning as such procedures may apply.

518.3.

Fees. The community development director is hereby authorized and directed to charge a fee as depicted in these LDRs to those who shall make application with the city for the application of flexibility or reserve units to cover the costs and expenses of review and processing of the application for flexibility or reserve units.

518.4.

Criteria for evaluating applications for flexibility or reserve units. In evaluating the application for flexibility or reserve units, the city shall consider the proposal's consistency with the goals and objections of the city comprehensive plan, the purpose of the reserve unit concept as stated in the master plan, the characteristics of the surrounding area, the characteristics of the proposed development, the community need for the type of development proposed, the ability of the city and county to provide service for the additional dwelling units, and the type and extent of the dedication for municipal purposes proposed by the application.

518.5.

Processing with application for rezoning. An application for flexibility or reserve units may be processed in conjunction and contemporaneously with an application for rezoning.

518.5.1.

An application for flexibility or reserve units may be approved by the city council with conditions and stipulations. An approval of an application for flexibility or reserve units with such conditions and stipulations as may be approved by the city council shall be evidenced by an agreement which shall be signed by the city and applicant, and such agreement may, at the option of the applicant, be recorded in the public records.

518.5.2.

The application of flexibility or reserve units may be made conditional upon the development of a specific site plan.

518.5.3.

In all situations where flexibility and reserve units are applied to a parcel of land in conjunction with a rezoning, the allocation of flex and reserve units shall expire in 18 months unless a site plan approval for the parcel is granted. If the number of flexibility or reserve units allocated to a parcel is greater than the number required to implement an approved site plan, the allocated number of flexibility or reserve units shall automatically be readjusted to the number required to implement the site plan at the time of site plan approval. A subsequent site plan modification that increases the required flexibility or reserve units shall require a new application for flexibility and reserve units. If an approved site plan expires without development, the allocation of flexibility and reserve units also expires, although the rezoning itself does not revert to the prior designation.

518.5.4.

Upon approval of the application for flexibility or reserve units, the city shall reduce the number of flexibility or reserve units available for use elsewhere by the number of reserve units approved in connection with the relevant application, and the city clerk shall forthwith inform the Broward County planning council of such action.

518.5.5.

In the event the city council approves an application for flexibility or reserve units in part or in whole, such approval shall continue for a period of 18 months from the date of such approval. Thereafter, unless a building permit shall have been issued and then maintained in good standing, such approval shall be deemed void.

518.6.

Expiration of allocation of flexibility or reserve units. Any allocation of flexibility or reserve unit conveyed by any other method than that specified in section 518.5 shall expire in 18 months after they are allocated unless utilized for the construction of new residences. This section shall not apply if building permits for ten percent or more of the units approved in an approved site plan have been approved by the city.