The purpose of this Article is to establish procedures for the approval of developments within the City and the development of land within the corporate limits of the City. This Article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 01O-04-23, § 1, 4-30-01)

Editor's note— Formerly Art. II, § 2.1.1.

No application for the development of land within the corporate limits of Lauderhill shall be reviewed or approval issued, except in compliance with the requirements and procedures set forth in this Article.

1.2.1. Service charges. Reasonable service charges, or fees, shall be collected for the administrative processing and review of applications for developments submitted to the City for review and approval. The schedule of service charges, or fees, to be collected shall be established in Section 6-10 of the Code of Ordinances.

1.2.2. Computation of time. If the last day of a time period is a Saturday, Sunday or legal holiday, the period shall run until the next day which is neither a Saturday, Sunday nor legal holiday.

(Ord. No. 01O-04-23, §§ 2—4, 4-30-01)

Editor's note— Formerly Art. II, §§ 2.1.4, 2.1.4(D) and 2.1.4(E).

Any application for a development required or authorized under these regulations shall require approval by the Chief Sign Official, Chief Building Official, Planning and Zoning Director, Development Review Committee, Community Appearance Committee, the Planning and Zoning Board, the City Commission or the City Commission sitting as the Board of Adjustment prior to issuance of a development order or permit. The Planning and Redevelopment Department shall be the central intake point for filing all applications and supporting documents for developments. Except as otherwise provided in this Article, the following procedures shall govern the review of applications for developments order applications.

1.3.1. Pre-application conference. Prior to filing any development order application, the applicant or petitioner shall attend a mandatory Pre-Application Conference with the Planning and Zoning Division staff and appropriate Development Review Committee representatives to discuss the development review process, including the type of review required (major or minor), the time frames for development order application review, the extent to which review can be expedited, and the extent to which the design standards and guidelines apply. If expedited review is requested, then a timeline shall be prepared and executed among the parties to ensure review proceeds as planned. If the applicant or petitioner fails to meet a scheduled deadline, then the Department shall contact the owner and advise that the application will be postponed until the next regularly scheduled meeting at the earliest and a new timeline shall be prepared and executed by the parties. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

1.3.2. Completeness of application. The Planning and Redevelopment Department shall review the application for development to determine its completeness. Within five (5) working days after receipt, Department staff shall either accept the application if it is complete, or reject the application if it is incomplete and forward to the applicant a notice of incompleteness specifying the data missing from the application received. The determination of completeness in this subsection shall include the submission requirements set forth in Article III and Article IV. The failure of the applicant or petitioner to attend the mandatory Pre-Application Conference prior to filing the application shall cause the development order application to be incomplete.

A.

If a notice indicating the application is not complete is not sent to the applicant, the application shall be deemed accepted for purposes of processing.

B.

If a notice indicating the application is not complete is sent to the applicant, the applicant may resubmit the application with the additional data required, in which event Department staff shall review the resubmitted application in the manner provided in this subsection for the original application.

An applicant may amend a development order or permit application after it has been accepted. Department staff shall examine the amendment at the point in the reviewing process at which it occurs to determine if any portion of the reviewing process must be repeated. If any such portion must be repeated, Department staff is authorized to extend the time limits prescribed in this section as long as necessary to undertake such additional review, but not to exceed forty-five (45) calendar days from the date that the amendment is received.

1.3.3. Agency review. Upon acceptance of development order application, Planning and Redevelopment Department staff shall forward a copy of the application and accompanying material to each of the following agencies for review, as applicable.

A.

The City agency responsible for engineering.

B.

Any affected utility companies.

C.

The Broward County agency responsible for public transportation.

D.

The City agency responsible for parks and recreation.

E.

The City agencies responsible for public safety.

F.

Any other agency designated by Department staff.

1.3.4. Review responsibilities. The applicable reviewing City agencies shall timely submit their comments and recommendations regarding the development order.

A.

Department staff may waive agency review, in whole or in part, under this Section upon a determination that such a review has already been made regarding the same land and no change in circumstances has occurred which necessitates further review.

B.

Agency review responsibilities under this section may be reassigned by the Planning and Redevelopment Director, from time-to-time, as necessary to more effectively perform the required reviews.

C.

If the application is subject to administrative review and Department staff believes there is a substantial question regarding the proposed development, Department staff shall refer the matter to the Planning and Redevelopment Director, who may determine the application should be forwarded to the Planning and Zoning Board for a final determination.

1.3.5. Processing and notice.

A.

Processing times. Within forty-five (45) calendar days from the acceptance of a development order application (unless revised pursuant to Subsection 1.3.2.), the Planning and Zoning Director shall compile the individual staff reports and cause to be prepared a written Development Review Report with proposed findings, conclusions and a recommendation. Notwithstanding the above, should a development order application be filed causing the total number of applications on file with the Planning and Zoning Division to exceed four (4) applications, then the Director may extend the internal processing time by five (5) calendar days for each application.

B.

Notice of hearing. Within the time frames specified above, the Planning and Zoning Director shall provide to the applicant by written or electronic mail the written copy of the Development Review Report and a Notice of Public Hearing. The Notice of Public Hearing shall identify the time, date, location and the intermediate official or collegial body that shall make a recommendation of the application pursuant to Subsection 1.3.6. or the official and collegial body that shall make a final determination on the application consistent with Subsection 1.3.8. The public hearing shall be held no sooner than ten (10) calendar days or no more than thirty (30) calendar days after the expiration of the above described time frames unless such hearing date would fall within a holiday or recess, in which case the application shall be placed on the next available public hearing date. Notwithstanding the above, the applicant may request the public hearing be continued.

1.3.6. Required action by intermediate official or collegial body. In the event that these regulations require that a development order or permit not be approved until acted upon by some other intermediate official or collegial body then Department staff shall forward the development review report on the application to such intermediate official or collegial body consistent with the time frames specified in LDR Article IV., Subsection 1.3.5. and shall make a recommendation to the decision-making official or collegial body concerning the final determination required by and consistent with Subsection 1.3.8. Within thirty (30) days after a recommendation is made by the intermediate official or collegial body, the development order application shall be place on a public hearing agenda for a final determination consistent with Subsection 1.3.8. unless such hearing date would fall within a holiday or recess, in which case the application shall be placed on the next available public hearing date.

1.3.7. Withdrawal of applications. A development order application may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing. If notice has been given, the application may be withdrawn, but only after all appropriate fees have been paid.

1.3.8. Final determination. At a regularly scheduled public meeting or hearing and consistent with the time periods herein, any official or collegial body authorized to act upon a development order application shall make one (1) of the following final determinations:

A.

That the application is in compliance with the applicable standards and minimum requirements of these regulations or that vested rights exist with regard to any noncompliance, in which case the applicable official or collegial body shall adopt a development order granting approval of the application;

B.

That the application is not in compliance with the applicable standards and minimum requirements of these regulations, in which case the applicable official or collegial body shall adopt a development order denying the application with or without prejudice to re-submit an application; or

C.

That the application is not in compliance with the applicable standards and minimum requirements of these regulations but conditions have been determined by the applicable official or collegial body to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements of these regulations, and that vested rights exist with regard to any noncompliance, in which case the applicable official or collegial body shall adopt a development order granting approval of the application with said conditions; or

D.

That the application be tabled because it does not contain sufficient information upon which to make a final determination. If this alternative is selected, the official or collegial body shall identify with particularity the information needed in order to make a final determination on an application and shall specify a specific date when the application will be reconsideration for a final determination. If the application is site specific, a final determination shall be made within forty-five (45) days unless such hearing date would fall within a holiday or recess, in which case the application shall be placed on the next available public hearing date. A final determination for all other applications shall be made within one (1) year.

1.3.9. Effect of development order.

A.

No development permit shall be issued except pursuant to an effective development order.

B.

No development permit shall be issued for a development which is inconsistent with the development order governing such development.

1.3.10. Conditional or erroneous issuance of development permit and certificates of occupancy; interpretations and representation.

A.

Any permit or certificate of occupancy which is issued prior to the completion of all the requirements of the permit or certificate of occupancy, including state laws, South Florida Building Code, applicable federal law or these regulations, shall be issued conditionally. All such requirements shall be met within a time period to be determined by the Director of Community Development. If these requirements shall not be met, the permit or certificate of occupancy shall be revoked. If the permit or certificate of occupancy shall be revoked, the status of the affected property shall be the same as if the permit or certificate of occupancy had never been issued and all occupational licenses or other licenses which may have been issued with regard to the property shall also be revoked. The fact that the property may be occupied by a tenant or tenants who may be adversely affected shall in no way nullify the terms of this section. The property shall be restored to its original condition.

B.

Approval of permit applications by the Community Development Department shall not preempt applicable regulations, codes and laws. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed with the building permitted thereunder, and shall be null and void.

C.

No person shall be entitled to rely upon any alleged verbal comment on these Land Development Regulations and any land development activity as a representation, commitment or implication which obligates the City in any way. All land use related obligations, representations or commitments must meet the following standards for it to be binding:

1.

A written document printed on City letterhead and signed by the City Official with subject matter jurisdiction or authorized to make such a determination as specified in these Land Development Regulations; and

2.

A written statement describing the development location, the type of development or use or both (e.g., residential), the intensity of development or use or both, the dimensional characteristics associated with the development or use or both (e.g., setbacks, building height) and any other information deemed necessary by the appropriate City official; and

3.

A written statement specifying the Land Development Regulations applicable to the development or use described in Paragraph B. above.

1.3.11. Transfer of development orders or approvals. Development orders or approvals for special exceptions, site plans, and variances run with the property and the ownership of such development orders or approvals may be transferred to another party without the approval of the City Commission notwithstanding any other provision in this Code. The new owner shall provide contact information to the Development Services Department of the City within five (5) days of change of ownership.

(Ord. No. 01O-04-23, §§ 5—10, 4-30-01; Ord. No. 03O-01-110, § 1, 1-27-03; Ord. No. 10O-03-112, §§ 1—8, 4-12-2010; Ord. No. 10O-09-161, §§ 1—6, 9-27-2010; Ord. No. 25O-03-110, § 1, 4-14-2025)

Editor's note— Formerly Art. II, §§ 2.1.2, 2.1.4(A)(2)(a)—(d), (f), (g), 2.1.4(E)(1)(k), 2.1.4(E)(2), 2.2. See the Table of Amendments.

1.4.1. Applicability. Development order applications filed for a delegation request or plat note amendment, plat or re-plat, sign variance, site plan, special exception use, variance or Zoning District Map amendment shall be subject to major review and approval by the Planning and Zoning Board, the City Commission, or both, as set forth elsewhere herein. If the method of approval is not specified, then approval shall be by the Planning and Zoning Board.

1.4.2. Application requirements. An application for a development order requiring major review shall ensure through an affidavit of compliance that the development will be constructed and operated in conformance with the following:

A.

The applicable provisions of the City Land Development Regulations and Code of Ordinances.

B.

The applicable provisions of the City Comprehensive Plan.

C.

The Florida Building Code, most current edition.

D.

Any applicable federal, state and county laws, rules and regulations.

1.4.3. Committee review. Applications for development orders requiring major review may need to be reviewed and receive a recommendation from the Development Review Committee (DRC) or the Planning and Zoning Board or both.

1.4.4. Major review: Development review report and notice to applicant. Major review shall be provided for as described in Section 1.3., Development review procedures.

1.4.5. Major review: Development order. Within fifteen (15) calendar days after a final determination is made on a development order application pursuant to Subsection 1.3.8., a written copy of the development order shall be provided to the entity that filed the application.

(Ord. No. 01O-04-23, §§ 11—14, 4-30-01; Ord. No. 10O-09-161, §§ 7—11, 9-27-2010)

Editor's note— Formerly Art. II, §§ 2.1.4(A), 2.1.4(A)(1), 2.1.4(A)(2)(e), and 2.1.4(A)(2)(i), (j).

1.5.1. Applicability. The following improvements, modifications or change in ownership shall require administrative review through the site plan modification process:

A.

Sculpture, fountains, waterfalls and other landscaping improvements.

B.

Sidewalks, driveways, patios, awnings and covered walkways, canopies and temporary structures.

C.

Diminution in size of a structure.

D.

Canal bank improvements.

E.

Fences and walls.

F.

Single family new construction shall be consistent with Article IX, Community Appearance Committee.

G.

Revisions mandated by the Florida Building Code that trigger an administrative review as identified herein.

H.

Modifications to site plans; however, any modification to City-initiated developments exceeding thirty thousand dollars ($30,000.00) shall require major review.

I.

American with Disabilities Act improvements.

J.

Dumpster enclosure improvements.

K.

Conversion to condominium ownership.

L.

Alteration of any existing building and structure shall be consistent with Article IX, Community Appearance Committee.

M.

Painting or staining of an exterior surface of any nonresidential building and structure shall be consistent with Article IX, Community Appearance Committee.

Notwithstanding the above, the Planning and Zoning Director has the discretion to allow administrative review through the development permit application or special events application process for sculptures, fountains, waterfalls, sidewalks, driveways, temporary structures, fences and painting and staining.

1.5.2. Application requirements. All applications for developments requiring administrative review shall comply with the following:

A.

The applicable provisions of the City Land Development Regulations.

B.

The applicable provisions of the City Comprehensive Plan.

C.

The Florida Building Code.

1.5.3. Review and processing times. Applications for a development order subject to administrative review shall be reviewed by necessary agencies, shall include written reports, and shall be processed within the time frames specified in Section 1.3.

A.

American with Disability Act (ADA) improvements. To encourage property owners to rehabilitate their property consistent with ADA standards and requirements, a site plan modification application for ADA improvements shall receive limited review. The review shall address the following:

1.

A recent survey depicting existing conditions; and

2.

A site development plan showing:

a.

The location, size, and dimensions of all buildings and structures;

b.

The location, size, dimensions and type of construction of off-street parking areas and sidewalks;

c.

The location, width and land directions for driveways;

d.

The proposed location of utility lines and easements, including their dimensions;

e.

Tabular data showing;

(1)

The size of the land in square feet;

(2)

The number and type of existing off-street parking spaces;

(3)

The number and type of proposed off-street parking spaces;

f.

If the improvement will reduce the extent of the landscaped or pervious area, a landscape and irrigation plan.

3.

Any other matters the City Planner deems necessary to make a final determination on the site plan modification application.

B.

Dumpster enclosure improvements. To encourage property owners to enclose their dumpster or dumpsters and to encourage them to bring all nonconforming dumpster enclosures into compliance with dumpster enclosure standards and requirements, a site plan modification application for dumpster enclosure improvements shall receive limited review as follows:

1.

A recent survey depicting existing conditions; and

2.

A site plan modification showing:

a.

The location of all buildings and structures, including their size and dimensions, and the dumpster enclosure setback;

b.

The location of off-street parking areas and sidewalks, including their size and dimensions;

c.

The location, width and land directions for driveways;

d.

The location of utility lines and easements, including their dimensions;

e.

Tabular data showing the number of existing and proposed off-street parking spaces;

f.

The exterior elevation of the development or principal building and the dumpster enclosure, including the size, dimensions, texture, color and type of construction;

g.

A landscape and irrigation plan, but only if the dumpster enclosure will be located in an existing pervious area;

h.

Consistency with the dumpster enclosure standards and requirements in Article III., Part 5.0., Special Requirements for Specific Land Use Classifications and Structures; and

3.

Any other matters the City Planner deems necessary to make a final determination on the site plan modification application.

1.5.4. Administrative review: Development order. Within fifteen (15) calendar days after a final determination is made on a development order application pursuant to Subsection 1.3.8., a written copy of the development order shall be provided to the entity that filed the application.

(Ord. No. 01O-04-23, §§ 15—17, 4-30-01; Ord. No. 02O-04-120, §§ 1, 2, 5-13-02; Ord. No. 05O-08-175, § 1, 9-12-05; Ord. No. 07O-01-103, § 2, 2-12-07; Ord. No. 07O-12-159, § 1, 1-14-08; Ord. No. 10O-09-162, § 2, 9-27-2010)

Editor's note— Formerly Art. II, § 2.1.4(A)(2)(h), (B), (C).

1.6.1.

Existing agreements giving rise to vested rights. The City of Lauderhill recognizes that certain property owners or developers may have a claim to a vested right based upon agreements with the City of Lauderhill entered into prior to December 1, 1989, the adoption date of the City of Lauderhill Comprehensive Plan. The City recognizes that such rights would arise in a circumstance where:

A.

All regional roads.

1.

The agreement provided for the developer to undertake or fund a road improvement which exceeded the developer's obligation under any plat approval; and

2.

The agreement contains language or evidences the intent that construction of the road improvement would satisfy the developer's obligation to ensure the adequacy of the local road network with regard to specified development on a described parcel which was not undergoing platting; and

3.

The developer acted in reliance upon the agreement and is not in default of the provisions of the agreement.

B.

Specific road segment.

1.

The agreement provided for the developer to undertake a road improvement which is unrelated to plat approval; and

2.

The developer did not receive payment or credit for such improvement since it was determined that the road would be required to provide safe and adequate access to the unplatted property; and

3.

The developer constructed the road to service his development without any compensation; and

4.

In such circumstances the vested trips on the road segment constructed by the developer shall not exceed the lesser of: the number of trips the road improvement can accommodate at Level of Service D or the number of trips generated on the segment by the intensity or density of development specified in the agreement.

1.6.2.

Entitlement to impact fee credits pursuant to an agreement shall not, of itself, constitute a basis for total vesting of development rights.

1.6.3.

It is recognized that there may be additional circumstances where some vested rights have arisen which are not specified in Section A.

1.6.4.

Procedure for claiming vested rights.

A.

Any property owner or developer may seek a vested rights determination regarding a specific unplatted or platted parcel for which additional intensity or density is sought.

B.

Requests for vested rights determination shall be made on forms provided by the Community Development Department. The developer shall be required to state the parcel for which the vested rights determination is sought, the basis for the vested rights claim, and shall provide a copy of the agreement or other document which the developer asserts gives rise to a vested rights determination.

C.

After the developer has submitted a complete application for a vested rights determination; the Community Development Department shall provide a written report with findings and recommendations. The application and Community Development Department's report shall be forwarded to the City Attorney's office for review and recommendations.

D.

The City Commission shall conduct an administrative hearing regarding the vested rights determination. The procedures for conducting hearings shall be approved by a resolution of the City Commission. The hearing shall be set for no later than sixty (60) days from the date of application unless an extension of time is requested or agreed to by the applicant or the City, and may be heard at a regular or special meeting of the City Commission.

E.

The City Commission shall determine whether vested rights have been created pursuant to clear evidence that vested rights claimed by the developer or property owners exist, and shall determine whether any time limitation is applicable to such vested rights.

F.

If vested rights are stipulated to or found by the City Commission concerning local roads, water, sewer, recreation or other public facilities impact, such vested rights shall be placed within the concurrency system and shall be available to the benefitted property indefinitely or for whatever time limitation is found to exist.

G.

A determination by the City Commission that vested rights have not arisen shall be determined to be a final decision of the City.

H.

Any appeal shall be by writ of certiorari to the Broward Circuit Court within thirty (30) days of the final decision of the City.

(Ord. No. 01O-04-23, § 18, 4-30-01)

Editor's note— Formerly Art. II, § 2.1.4(E)(1).

Any final determination on a development order made by an official, the Planning and Zoning Division or the Planning and Zoning Board may be appealed to the City Commission by written application filed with the Planning and Redevelopment Department Director within thirty (30) days of the decision. Such appeal shall be placed on a City Commission agenda for final action pursuant to Subsection 1.3.8. within thirty (30) days of receipt, unless such hearing date would fall within a holiday or recess, in which case the application shall be placed on the next available public hearing date. Any appeal of a final determination taken by the City Commission shall be by writ of certiorari and filed with the Broward County Circuit Court within thirty (30) days of the City Commission's final determination, unless otherwise provided by law.

(Ord. No. 01O-04-22, § 19, 4-30-01; Ord. No. 10O-09-161, § 12, 9-27-2010)

Editor's note— Formerly Art. II, § 2.1.4(A)(1).

1.8.1.

Grounds. Any development order or development permit, including special exception use development orders, previously granted or issued may be revoked, suspended or modified on any one (1) or more of the following grounds:

A.

That the approval was obtained by fraud or misrepresentation;

B.

That the use for which such approval was granted is not being exercised;

C.

That the use for which the approval was granted has ceased to exist or has been suspended for one (1) year or more;

D.

That the development order, special exception use development order, or development permit is being, or has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or other regulation;

E.

That the use for which approval was granted was so exercised as to be detrimental to the public health, safety or welfare as to constitute a nuisance;

F.

That circumstances have changed since the development order, special exception use development order, or permit was granted and that the previously approved use is causing incompatibilities that are not being satisfactorily mitigated.

1.8.2.

Notice. Written notice to revoke, suspend or modify a development order or development permit, excluding a special exception use development order which shall be governed by Section 4.11, shall be served on the entity granted the development order or development permit and the property owner, as shown on the last real property assessment roll, either personally or by certified mail, and shall state:

A.

The reason for the proposed revocation, suspension or modification;

B.

That the proposed action will be taken by the Planning and Zoning Director unless a written response requesting a hearing before the Planning and Zoning Board is received by the Director within fifteen (15) days after the date of receipt of said notice.

If a written response is not received, the Planning and Zoning Director shall forthwith revoke, suspend or modify the development order or development permit as set forth in the notice.

1.8.3.

Hearing. If a hearing is requested, at least ten (10) days notice shall be given to the requested party. At any such hearing, the entity granted the development order or development permit, the property owner and the City shall be given the opportunity to be heard, and may call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the Planning and Zoning Board shall issue a written final determination on whether or not the development order or development permit shall be suspended, revoked or modified. Such determination may be appealed to the City Commission as provided for in Article IV, Section 1.7, Appeals.

(Ord. No. 04O-09-208, §§ 1—4, 9-27-04; Ord. No. 22O-06-118, § 1, 6-27-2022)

1.9.1.

Public notice required.

A.

In connection with hearings on petitions or applications for a variance and a special exception use, all owners of property within five hundred (500) feet of the land subject to such petition or application shall be given notice of such hearing by mail.

B.

In connection with hearings on petitions or applications for a zoning district map amendment, a site plan, future land use amendment, a development agreement or a brownfield area designation, all owners of property within five hundred (500) feet of the land subject to such petition or application exclusive of road rights-of-way and water bodies shall be given notice of such hearing by mail and all large associations and neighborhood HOAs by electronic notification. All large associations and neighborhood Homeowners Associations (HOAs), identified by the City Commission or City Manager, are required to update their contact information annually with the City's Planning and Zoning Department.

1.9.2.

Public mailed notice. Prior to any public hearing for petitions or applications listed is 1.9.1 the applicant must provide proper notification to the public in compliance with this section and all applicable county, state and federal law. A written notice, in a form approved by the city, shall be prepared by the applicant and provided to all properties owners within five hundred (500) feet of the subject property. For the purposes of this notification, the owner of property shall be deemed to be the person who, with his/her address, is shown on the latest tax rolls of the Broward County Property Appraiser. The written notice shall be mailed, and post marked in an envelope with a legible return address, not fewer than fifteen (15) calendar days prior to the date set for public hearing. A signed and notarized affidavit of proof of the required mailing shall be filed with the planning and zoning department on the date of the mailing. A list of all mailings returned shall be counted and given to the planning and zoning department prior to the public hearing.

1.9.3.

Property posted notice. In cases in which the applicant is seeking a zoning district map amendment, a variance, a special exception use, a site plan, a development agreement or a brownfield area designation, the applicant will supply at the applicant's cost a sign professionally prepared by a reputable sign, printing or similar company, which sign will be three (3) feet by three (3) feet in size and of a durable material. The applicant is required to post the sign on the property for which approval is sought at least fifteen (15) calendar days before the public hearing. No permit shall be required for such sign. The sign shall be posted upon the property so as to face, and be visible from, the street upon which the property is located. The sign shall state the following:

"Notice of Public Hearing for (a zoning district map amendment, a variance, a special exception use, a site plan, a development agreement or a brownfield area designation). The date, time, and place of the public hearing must be included on the sign. For information, call 954 730-3050."

The applicant shall provide a notarized affidavit to the Planning and Zoning Department stating that the sign was posted on the appropriate date and that the sign remained posted for the duration of the time required for posting, and that the applicant will remove the sign within five (5) business days after the public hearing. The applicant shall provide a photograph of the sign in place on the property.

1.9.4. Published notice. At least ten (10) calendar days before a public hearing on any development order application, notice of the public hearing shall be placed in a newspaper of general circulation in the area as is required by general law. The notice also shall be posted in City Hall, either physically posted or on the City's website or both.

1.9.5. Constructive notice.

A.

Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt is made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to:

1.

Errors in the legal description provided that the street address, tax folio identification number, or commonly known description is correctly identified elsewhere within the notice; or

2.

Errors in describing the current zoning district of the property as is displayed in the Official Zoning District Map; or

3.

Typographical or grammatical errors that do not impede communication of the notice to affected parties.

B.

Failure of a party to receive written notice shall not invalidate subsequent action in all cases; however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing and the location of the subject property or properties shall be strictly adhered to.

C.

If questions arise at the hearing regarding the adequacy of notice, the body directing the hearing shall direct the City Attorney to make a formal finding as to whether there is substantial compliance with the notice requirements of this Section, and such findings shall be made available to the decision making body before final action on the request.

1.9.6. Neighborhood meetings. A neighborhood meeting is required before approval of any site plan or other application for development, which, under this Code, may require a site plan application for implementation. A neighborhood meeting shall comply with the following procedures:

A.

The applicant shall schedule the neighborhood meeting for a time and place that is convenient and accessible to neighbors residing within five hundred (500) feet of the land subject to the application. It shall be scheduled after 5:00 p.m. on a weekday.

B.

Notification must be sent to all large associations and neighborhood HOAs.

C.

At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions and concerns neighbors raise about the application, and propose ways to resolve conflicts and concerns.

D.

The applicant shall prepare a written summary of the meeting that includes a list of meeting attendees, a summary of attendee comments. discussed issues related to the development proposal, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.

E.

Any person attending the neighborhood meeting may submit a written response to the applicant's meeting summary to the Planning and Zoning Director. The response may state their understanding of attendee comments and discussed issues related to the development proposal, and any other information they deem appropriate. All written responses to the applicant's summary of the neighborhood meeting shall be transmitted to the applicant and made available for public inspection.

(Ord. No. 08O-04-115, § 1, 4-28-08; Ord. No. 09O-07-130, §§ 1—4, 8-31-09; Ord. No. 15O-03-106, §§ 1, 2, 4-13-2015; Ord. No. 23O-11-138, § 1, 12-11-2023; Ord. No. 25O-04-113, § 1, 5-12-2025)

Editor's note— Ord. No. 09O-07-130, § 1, adopted Aug. 31, 2009, renumbered former § 1.9 as subsection 1.9.2 as set out herein.

1.10.1.

Requirements. Applications for developments of regional impact (DRI) or for amendments to an approved DRI shall be subject to the requirements of Section 380.06, Florida Statutes, and applicable Florida Administrative Rules.

1.10.2.

Form. Approval of a development order for a Development of Regional Impact (DRI) shall be in the form of an ordinance. The application shall give notice and hold a public hearing on the ADA in the same manner as a zoning district map amendment and shall met the local notice requirements in Section 380.06(11), Florida Statutes, as may be amended from time-to-time.

1.10.3.

Application submittal requirements. The City may accept the DRI Application for Development Approval (ADA) filed with, and found to be sufficient by, the state or regional planning agency as the data and analysis to support the ADA. The ADA required map shall be considered as a conceptual master development plan for purposes of this section. The Planning and Zoning Director may require additional information be submitted to clarify any information contained in the DRI ADA or to answer new questions raised by or directly related to the additional information. The Director may not request such information more than twice.

1.10.4.

Review criteria. The requirements contained in Article IV., Development Review Requirements, Part 2.0., Zoning Map amendments, Section 2.4., shall be used by the Planning and Zoning Division and Planning and Zoning Board as the basis for making a recommendation to the City Commission on the ADA and conceptual master development plan and as a basis for a final determination by the City Commission. In addition, the following other criteria shall be considered:

a.

The extent to which the development will have a favorable or unfavorable impact on City resources and facilities;

b.

The extent to which the development will significantly impact adjacent jurisdictions; and

c.

The extent to which the development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment.

1.10.5.

Effective period of approval. Approval of the ADA's conceptual master development plan as provided herein shall be effective for a period of eighteen (18) months or until the date by which construction must commence under the terms of the development order approving the ADA, whichever duration is longer. Unless a plat, site plan, or a site plan modification development order or a building permit is obtained on or before either the last day of the eighteenth month following the date of approval or by the date on which construction must commence under the terms of the development order approving the ADA, whichever occurs last, said approval shall expire. The City Manager may grant, in writing, two (2) extensions of eighteen (18) months each for good cause. Thereafter, the applicant must reapply for a new conceptual master development plan. The City Manager may deny an extension due to any changes of the land development regulations or comprehensive plan, adopted since the conceptual master development plan approval that renders such plan inconsistent with the Comprehensive Plan or Land Development Regulations or incompatible with the surrounding land uses.

1.10.6.

Other requirements. The requirements of Subsection 1.11.7 on timing of improvements and required bonds shall apply; however, such improvements may be made by phase as opposed to the entire development project.

(Ord. No. 09O-09-147, § 1, 9-29-09)

1.11.1.

When required. A master development plan is required for development under the following circumstances:

a.

Where a development is intended to be platted, site planned, or developed on a parcel of five (5) acres or more by one (1) or more property owner(s) or developer(s);

b.

For a commercial development which consists of more than one (1) contiguous or non-contiguous parcel with a cumulative area of five (5) acres or more, and has at least one thousand (1,000) lineal feet of cumulative road frontage; or

c.

Where a development is intended to be platted, site planned or developed by one (1) or more property owner(s) or developer(s) and is proposed to include more than one (1) principal building and:

1)

The building permits for the buildings are proposed to be applied for at least six (6) months apart; or

2)

The Planning and Zoning Director determines that the extent of the proposed development will require such staging of building permits.

d.

Residential developments located on a parcel of less than ten (10) acres in size and a DRI ADA shall be exempt from this subsection except as is provided for in Subsection 1.10.6.

1.11.2.

Additional requirements. A master development plan which is required in conjunction with the application for planned unit development rezoning must meet all the requirements established in Schedule D. A developer who wishes to determine if a master development plan is required for a particular development may request a determination from the Planning and Zoning Director. The decision of the Director may be appealed to the City Commission consistent with Section 1.7. Where such a plan is required, all future development approvals must be consistent therewith.

1.11.3.

Master development plan approval procedure. The site plan review procedures contained in Article IV., Part 5.0 shall be followed.

1.11.4.

Criteria for approval. The City will consider consistency of the proposed plan with applicable standards and requirements of the Comprehensive Plan, these Land Development Regulations and the Code of Ordinances. In addition, an evaluation will be made as to whether the proposed development and its phasing is consistent with the surrounding area and the City as a whole, based upon the parameters in Subsections 1.11.6., 1.11.7., and 1.11.8., below.

1.11.5.

Effective period of approval. Approval of a master development plan as provided herein shall be effective for a period of twelve (12) months. Unless a site plan development order or building permit is obtained on or before the last day of the twelfth month following the date of approval, said approval shall expire. The department may grant, in writing, two (2) extensions of one (1) year each for good cause. Thereafter, the applicant must reapply for a new master development plan. Staff may deny an extension due to any changes of the land development regulations or comprehensive plan, adopted since the master plan approval that renders the master plan inconsistent with the Comprehensive Plan or Land Development Regulations or incompatible with the surrounding land uses.

1.11.6.

Contents of plan. A master development plan shall include the following information:

a.

A survey and legal description prepared within six (6) months of application filing delineating the geographical area covered by the entire development.

b.

General schematic representation of the land uses included within the development.

c.

Approximate delineation of internal circulation, with hierarchical classification of streets.

d.

Points of connection of the local streets or internal collector drives to the public roadways, including general indication of the necessary improvements of the public roadways to accommodate the local trips generated by the proposed development.

e.

General location and size of any community facilities proposed to be included within the development such as parks, schools, fire stations, community centers, etc.

f.

Indication of existing native vegetation and any other natural features found within the proposed development.

g.

Schematic depiction of surface water management elements, including, but not limited to, retention facilities, drainage easements and swales.

h.

Table of computation of land use distribution showing proposed uses, acreage, and number of units and density in the case of residential uses.

i.

Schematic depiction of the water and wastewater treatment facilities and source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities.

j.

Entrance feature and perimeter landscaping design.

1.11.7.

Timing of improvements; required bonds. The required perimeter landscaping, swales, entrance features, entry drive landscaping and sidewalks, internal collector drive(s), pedestrian walkways, walls, and all appurtenant hardscape features, including, but not limited to, fountains, roundabouts, and benches (the "improvements") shall be installed for the entire project area shown on the master development plan prior to the issuance of the first certificate of occupancy, developers shall provide bonds in an amount equal to one hundred thirty-three (133) percent of the cost of the improvements, and providing for and securing the actual and timely construction and installation of the approved improvements, in compliance with each of the following requirements:

a.

Bonds allowed, required construction plans, hold harmless agreement. Bonds, as that term is used in this section, shall include letters of credit, certificates of deposit, cash bonds, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the city attorney. Letters of credit and certificates of deposit shall be drawn upon banks or savings and loans legally and actually doing business in Florida. All bonds must be approved by the city attorney's office, and shall be provided in addition to any other bond required for any other purpose by any government entity. Bond documents shall assure that construction plans for the improvements shall be submitted to the city not less than thirty (30) days prior to the commencement of construction. In addition, the property owner shall submit a hold harmless and indemnification agreement in a form acceptable to the city attorney, protecting the city in the event that it must exercise its rights under the bond.

b.

Cost estimate, administrative fee, amount of bonds, bond period. A written calculation of the costs for completion of the improvements in accordance with the approved plans shall be prepared by a licensed professional engineer or licensed architect, and submitted to and approved by the department. A city administrative fee equal to one (1) percent of the bond shall be include in the cost estimate, shall be payable to the city upon city approval of the bond, and shall be nonrefundable. The bond amount shall be set at one hundred thirty-three (133) percent of the approved cost estimate (including the administrative fee), and shall assure completion of the improvements, payment of the administrative fee, and reimbursement of any city expenses incurred as a result of the developer's violation of this section. The bond period shall be for no longer than one (1) year after the date of the issuance of the first certificate of occupancy, and shall also set the deadline for the completion of the improvements.

c.

Release of bonds, change in ownership. Upon successful completion of the approved improvements and written approval by the city, bonds required for completion of the improvements shall be released. Bonds may be released by the city when fee simple title is transferred. The City may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple.

d.

Extension of bond periods. Developers may obtain a one-year extension of a bond (and a related one-year deferral of the completion date of the improvements) upon submission and city approval of an updated cost estimate. If the updated cost estimate is greater than the original cost estimate, then the amount of the bond shall be increased proportionately so that the bond still guarantees one hundred twenty-five (125) percent of the approved cost estimate. A developer may seek no more than one (1) extension to the original, one-year bond period.

e.

Violations. If, at any time after the issuance of the first certificate of occupancy, the bond lapses and the improvements are not completed, then the developer shall be in violation of this section. If a developer is in violation of this section, then the City may proceed against the bond and complete the improvements.

1.11.8.

Design standards.

a.

Hardscape requirements. Developments larger than ten (10) acres or consisting of two (2) or more non-contiguous parcels shall be designed with an internal collector drive, which provides vehicular ingress or egress between individual parcels and access to parking areas, and which provides connection to an adjacent public roadway. The internal collector drive and all access drives shall include a curbed, landscaped median at least ten (10) feet in width from inside of curb to inside of curb, with curvilinear sidewalks and landscaped berms along both sides of the drives. Benches, shaded from the sun, shall be provided along the internal collector drives and detention lake banks spaced on more than two hundred (200) feet, with an attractive refuse collector located nearby. The department shall, where possible, require the internal collector drive and other internal circulation drives to be gently curving in order to promote a safe and tranquil environment. Master development plans shall include a defined vehicular entryway configured as a square or boulevard or some other distinctive space created by trees, masonry walls, buildings and/or special paving. The department may at its discretion adopt and, from time to time, modify administrative rules to provide additional details to govern the design geometrics and the construction details of internal circulation and parking facilities.

b.

Landscape requirements. Entry feature landscaping is required and shall consist of trees plus low, mid and upper level landscaping. The landscaping shall be located in the area on either side of the entry drive and shall extend along the right-of-way one (1) each side of the entry drive a distance equal to one-half (½) the width of the right-of-way to which the entry drive connects. The landscaping shall extend along the entry drive to the first parking space or the first intersecting internal drive. Notwithstanding the above, the minimum required distance parallel and perpendicular to the entry feature landscaping for secondary entries shall be one-half (½) the minimum extent for primary entries. Secondary entries shall be defined as those entries used primarily for service access to, or from, the site. Entrance features shall include elegantly distinctive architectural design, identifying and distinguishing the project. The department may, at its discretion, adopt and, from time to time, modify administrative rules to provide additional details to govern the design and construction of landscaping and architectural features.

c.

[Entrance feature trees.] The minimum number of trees for entrance feature and perimeter landscaping shall meet the minimum requirements of Schedule J. In addition, at the time of installation, not less than fifty (50) percent of the total required trees for the entrance feature area shall be specimen trees.

d.

[Architectural features.] Decorative pavers, or stamped architectural concrete shall be required to be placed on roadways at project entryways, the intersections of internal circulation drives, any roundabouts with architectural features in the center, and for all driveways to any parking garage.

e.

[Site feature criteria.] Site features of subdivided parcels within a master planned site shall be subject to the approved master plan design criteria. Site plans shall be designed to complement the approved master plan. The exterior colors of buildings, trim and other site features shall be subject to the approval of the department. They shall be selected to ensure compatibility among the various colors of the approved master plan a visually tranquil environment, and they shall conform to the requirements of Schedule P, Design Guidelines.

f.

[Fountain requirements.] Lakes and other detention areas shall be equipped with fountains for aeration and decoration. Fountain spray shall be lighted and the spray height shall be a minimum of fifteen (15) feet, but not less than twenty-five (25) percent of the shortest dimension of the lake or other detention area. Maximum spray height shall be limited to fifty (50) feet.

g.

Internal collector drive median landscaping. For all required internal collector drive medians within all districts, the following landscaping shall be required as a minimum: One (1) tree or palm per each twenty-five (25) lineal feet of median or fraction thereof, and a combination of low- and mid-level landscaping that encompasses a minimum of fifty (50) percent of the median area. Species shall be specimen trees or palms selected from City's approved plant list, with a minimum height for trees of twenty (20) feet and for palms of twenty-five (25) feet. Trees or palms shall be installed within the median and both sides of the internal collector drive.

h.

Recreational amenities. Any recreational facilities to serve the project, in the case of residential uses, shall be completed and receive a certificate of occupancy before the certificate of occupancy for the first residential unit will be approved.

i.

Changes to master development plans. Master development plans are adopted as an integrated and unified program of development for a particular property that is compatible with the surrounding development. Any change in use to a portion of the master development plan is disfavored and shall not be approved unless the developer seeking a change demonstrates to the commission by clear and convincing evidence that there has been a material change in circumstances that requires the change, that the change is the minimum necessary and that the amended master development plan will result in development of at least the same quality and compatibility as would the originally approved master development plan. Financing issues shall not be considered a material change in circumstances.

(Ord. No. 09O-09-147, § 2, 9-29-09)

2.0. ZONING MAP AMENDMENTS ^[2]

Whenever the public necessity, convenience, general welfare or good zoning practice require, the City may, by ordinance amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by these regulations or amendments thereto.

(Ord. No. 01O-04-24, § 1, 4-30-01)

In case of a petition for a change of zoning district designation, the Planning and Zoning Board shall consider whether the area described in the original petition should be enlarged in order to reflect the interests of the City and to correspond with the City Land Use Plan. The Planning and Zoning Board shall study and recommend to the City Commission such enlargement, if any, as it may deem desirable.

(Ord. No. 01O-04-24, § 1, 4-30-01)

The Planning and Zoning Board shall carry on a continual study of zoning, zoning techniques and the relation of zoning to private developments and public improvements and any pertinent parts of any City Comprehensive Plan for the orderly growth of the City, and may from time to time submit recommendations on the amendments of these regulations.

(Ord. No. 01O-04-24, § 1, 4-30-01)

In reviewing and formulating recommendations to the City Commission on requested or proposed changes in the zoning district regulations, the Planning and Zoning Board shall consider and evaluate the changes in relation to all pertinent factors, including the following:

2.4.1.

The character of the district and its peculiar suitability for particular uses.

2.4.2.

Conversion of the value of buildings and encouraging the most appropriate use of land and water throughout the City.

2.4.3.

The applicable portions of the adopted City comprehensive plan and programs such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing, and so forth.

2.4.4.

The needs of the City for land areas for specific purposes to serve population and economic activities.

2.4.5.

Whether there have been substantial changes in the character or development of areas in or near an area under consideration for rezoning.

2.4.6.

The facts and opinions presented to the Planning and Zoning Board through hearings.

(Ord. No. 01O-04-24, § 1, 4-30-01)

If a petition or recommendation for a change or amendment to the zoning district regulations is not acted upon finally by the City Commission within six (6) months of the date upon which the report of the Planning and Zoning Board is filed with the City Commission, said petition shall be deemed to have been denied.

(Ord. No. 01O-04-24, § 1, 4-30-01)

When a parcel of land has less than two hundred (200) feet of frontage and less than forty thousand (40,000) square feet of area, no amendment shall be enacted to change the zoning classification, except to the existing zoning classification of a property adjoining said parcel. Notwithstanding the above, property with a size greater than one and one-half (1.5) acres and owned by a religious institution may be changed to Community Facility (CF) district.

(Ord. No. 01O-04-24, § 1, 4-30-01; Ord. No. 11O-11-175, § 1, 11-28-2011)

2.7.1. Whenever the Planning and Zoning Board has taken action to recommend denial of a petition for rezoning property, the Planning and Zoning Board shall not consider any further petition for the same rezoning of any part of the same property for a period of one (1) year from the date of such action.

2.7.2. Whenever the City Commission has changed the zoning of property by an amendatory ordinance, the Planning and Zoning Board shall not consider any petition for rezoning of any part of the same property for a period of six (6) months from the effective date of the amendatory ordinance.

2.7.3. The above time limits for Planning and Zoning Board consideration may be waived by the City Commission by the affirmative vote of four (4) Commission members, or a unanimous vote if fewer than four (4) members are present, when the City Commission deems such action necessary to prevent an injustice or to facilitate the proper development of the City.

(Ord. No. 01O-04-24, § 1, 4-30-01)

In case of a protest against any change in the zoning of property, signed by the owners of fifty (50) percent or more of the area of the property included in such proposed change or of the area immediately adjacent thereto extending three hundred (300) feet therefrom or of the area directly opposite thereto, extending three hundred (300) feet from the street frontage of such opposite area, any resolution effectuating change shall not become effective except by a favorable vote of four (4) members of the City Commission, or a unanimous vote if fewer than four (4) members are present.

(Ord. No. 01O-04-24, § 1, 4-30-01)

2.9.1. A petition of rezoning of land may be filed by an owner or owners, of seventy-five (75) percent in the area thereof.

2.9.2. A petition for a change of district regulations may be filed by any resident eighteen (18) years of age or older, or owner of land in the City of Lauderhill.

2.9.3.

Petitions for changes of zoning to district regulations shall be addressed to the Planning and Zoning Board and shall be filed with the Community Development Department. Such petitions shall contain or be accompanied by all pertinent information which may be required by the Planning and Zoning Board for its proper consideration of the matter, including, in the case of petitions for rezoning of land with any improvements located thereon, at least one (1) photograph.

2.9.4, 2.9.5. Reserved.

2.9.6. After consideration of a petition for a change in zoning classification or in district regulations, the Planning and Zoning Board shall transmit the petition and the Board's recommendations thereon to the City Commission.

No recommendation for a change in zoning district classification or in district regulations shall be made by the Planning and Zoning Board to the City Commission, unless and after a public hearing as hereinafter prescribed has been held by the Planning and Zoning Board.

Proposals originating with the City Commission or initiated by the Planning and Zoning Board shall be processed in the same manner as provided for petitions in the preceding Paragraphs.

(Ord. No. 01O-04-24, § 1, 4-30-01)

2.10.1. Notice of hearings before the Planning and Zoning Board in connection with changes in zoning district classification or changes in district regulations shall be published in a newspaper of general circulation in Broward County at least ten (10) days prior to the date of the hearing. Such notice shall specify the place and time of the hearing, and the matter to be considered at such hearing.

2.10.2. Petitioners for changes in zoning district regulations shall be given notice of hearing by letter addressed to such petitioner at the address given in such petitions, and mailed at least ten (10) days prior to the date of the hearing.

2.10.3. The public notice requirements described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 are applicable.

2.10.4. All hearings for rezoning before the City Commission shall be noticed according to state statute.

(Ord. No. 01O-04-24, § 1, 4-30-01; Ord. No. 09O-07-130, § 5, 8-31-09; Ord. No. 15O-03-106, § 3, 4-13-2015)

Zoning District Map amendment applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 3, 9-27-2010)

3.0. PROCEDURES FOR OBTAINING RELIEF FROM THE
LAND DEVELOPMENT REGULATIONS ^[3]

A variance is a relaxation of the terms of these Land Development Regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship.

3.1.1.

Variances shall be by ordinance. All variances from the terms of these regulations or the Code shall be by ordinance.

3.1.2.

[Notifications.] The public notice requirements described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 are applicable.

3.1.3.

Requirements for variances. No variance from the terms of these regulations or the Code shall be authorized by the board of adjustment unless the board finds that all of the following facts and conditions exist:

A.

That there are unique and special circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties in the same district. The matter of economic hardship shall not constitute a basis for the granting of a variance.

B.

That any alleged hardship is not self-created by any person having an interest in the property nor is the result of mere disregard for or ignorance of the provisions of these regulations or any pertinent Code section.

C.

That strict application of the provisions of these regulations or any pertinent Code section would deprive the property owner of reasonable use of the property for which the variance is sought.

D.

That the variance proposed is the minimum variance that makes possible the reasonable use of the property.

E.

That granting the variance will be in harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood or area, or otherwise detrimental to the public welfare.

3.1.4.

Conditions and limitations.

A.

In authorizing any variance from the terms of these regulations or any pertinent Code section, the City Commission shall include, as part of such variance, any conditions, requirements or limitations which the board may believe to be necessary and desirable to protect adjacent properties and the surrounding neighborhood, to carry out the spirit and purpose of these regulations or any pertinent Code section, and to provide for the health, safety or welfare of the City and its residents.

B.

Any variance which is not instituted, operated and maintained in full conformity with the terms and conditions of the board's approval and the provisions of the Land Development Regulations is hereby declared to be an illegal use in violation of the zoning district regulations and shall be discontinued and removed forthwith.

3.1.5.

Time limit. Any variance authorized by the City commission which requires a development permit shall expire one hundred eighty (180) days after the date of final action on such variance by the City commission, unless a/the development permit, based upon and incorporating the variance, is issued within the aforesaid one hundred eighty-day period. The City Manager may extend this expiration time period without further action of the City Commission.

3.1.6.

Votes required for approval for all variances. Approval of any variance application shall require four (4) votes by the City Commission. In the event that there shall be a quorum of fewer than four (4) Commission members, approval must then be unanimous.

(Ord. No. 01O-04-25, § 1, 4-30-01; Ord. No. 04O-04-125, §§ 1—8, 5-10-04; Ord. No. 09O-07-130, § 6, 8-31-09; Ord. No. 15O-03-106, § 4, 4-13-2015; Ord. No. 22O-02-103, § 1, 3-28-2022)

A waiver involves the granting of total relief from a specific development regulation.

3.2.1.

Rule.

A.

General. A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body that has the authority to approve or deny the related development application.

B.

Special power of the City Commission. Notwithstanding, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. Waivers shall not be considered with respect to:

1.

Matters which pertain to the use of land or structures;

2.

A requirement for a public hearing or providing notice that an item will be considered by a development board;

3.

The regulation for which it is stated that there shall not be any variance or waiver granted.

3.2.2.

Required information. Any person requesting a waiver from the Land Development Regulations shall submit to the Planning and Zoning Department a written letter stating the following:

A.

The specific citation or reference of the Land Development Regulation to be waived; and

B.

The justification for granting the waiver.

3.2.3.

Procedure. A request for waiver may be considered concurrently with the development application with which it is associated. If a waiver request is made after review by an advisory board has been completed, the waiver must first be reviewed by the advisory body prior to action by the approving body.

3.2.4.

Conditions. Conditions may be imposed upon the granting of a waiver to the extent that the conditions are directly related to mitigating any adversity which may be created by the waiver of a specific Land Development Regulation.

3.2.5.

Findings and conclusions. A waiver shall not be granted unless findings and conclusions to support the following factors exists:

A.

The waiver does not adversely affect the neighboring area;

B.

The waiver does not significantly diminish the provision of public facilities;

C.

The waiver does not create an unsafe situation; and

D.

The waiver does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.

(Ord. No. 04O-04-126, §§ 1—6, 5-10-04)

An adjustment involves the lessening, or a total waiver, of those development standards which affect the spatial relationship among improvements on the land.

3.3.1.

Rule. An adjustment only shall be considered during the site plan or site plan modification review process and shall be for requirements that do not pertain to, or affect, standards that apply to the perimeter of an overall development proposal. The Planning and Zoning Board may grant the adjustment to a site plan and the Development Review Committee may grant the adjustment to a site plan modification.

3.3.2.

Required information. Any person requesting an adjustment from the Land Development Regulations shall submit to the Planning and Zoning Department a written letter stating the following:

A.

The specific citation or reference of the Land Development Regulation to be waived; and

B.

The justification for granting the waiver.

3.3.3.

Procedure. A request for adjustment may be considered concurrently with the development application with which it is associated. If an adjustment request is made after review by an advisory body has been completed, the adjustment must first be reviewed by the advisory body prior to action by the approving body.

3.3.4.

Conditions. Conditions are not appropriate to the granting of an adjustment because the basis for granting the adjustment is that it provides a superior product than if the project were to strictly comply with the letters of the Land Development Regulations.

3.3.5.

Findings and conclusions. An adjustment shall not be granted unless findings and conclusion to support the following factors exists:

A.

The adjustment does not diminish the practical application of the affected Land Development Regulation; and

B.

The adjustment will result in a superior development as compared to the development allowed under the affected Land Development Regulation.

(Ord. No. 04O-04-127, §§ 1—6, 5-10-04)

Administrative relief is the method whereby relief is granted from development regulations by an administrative official.

3.4.1.

Rule. Administrative relief can be granted only for those instances in which it is specifically allowed. The Planning and Zoning Director is the only administrative official who is empowered to grant administrative relief.

3.4.2.

Required information. Any person requesting administrative relief from the Land Development Regulations shall submit to the Planning and Zoning Department a written letter stating the following:

A.

The specific citation or reference of the Land Development Regulation for which administrative relief is requested; and

B.

The justification for granting the administrative relief.

3.4.3.

Procedure.

A.

With site plan or site plan modification review. A request for relief shall be considered concurrently with the development order or permit application with which it is associated and shall be acted upon by the Director prior to the consideration of the site plan or site plan modification. If the request for relief is denied, it may be considered again when the site plan or site plan modification is acted upon.

B.

Other review. A request for relief shall be considered on its own merit pursuant to administrative processing requirements.

3.4.4.

Conditions. Conditions may be applied only as they relate to insuring that the situation under which the relief is sought does not, or will not change.

3.4.5.

Findings and conclusions. Administrative relief shall not be granted unless the Director makes findings and conclusion to support the following factors:

A.

That the relief sought is consistent with the specific authorization provided for in these Land Development Regulation;

B.

That the intent of the affected Land Development Regulations is preserved; and

C.

That the relief will not be detrimental to the public health, safety or welfare.

(Ord. No. 04O-04-128, §§ 1—6, 5-10-04)

Editor's note— Ord. No. 04O-04-125, §§ 7, 8, adopted May 10, 2004, redesignated §§ 3.5, 3.6 as §§ 3.1.5, 3.1.6. See §§ 3.1.5, 3.1.6 for time limit and votes required for approval for all variances.

Variances, adjustments, and administrative relief applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 4, 9-27-2010)

Within fourteen (14) days after the City Commission adopts an ordinance granting a variance, the City Attorney shall forward the documents to the Broward County Records Division Recording Section for recording. The City Attorney shall then return the original recorded document to the City Clerk's office within fourteen (14) days after receipt back from Broward County.

(Ord. No. 02O-02-107, § 1, 2-25-02)

4.0. SPECIAL EXCEPTION USES ^[4]

It is the purpose of this section to make provision for those uses which are essential or desirable for the orderly development of the City and for the public convenience or welfare but which, because of their particular characteristics or area requirements, should be given individual consideration with respect to adjacent property, under conditions as specified in these regulations because of public welfare, health or safety.

Editor's note— Formerly Sch. E, § 3(1).

Uses permitted shall be confined to those specifically listed as permitted special exception uses in the district regulations and shall be subject to the conditions and limitations prescribed therein.

Editor's note— Formerly Sch. E, § 3(2).

A.

No landowner shall as a matter of right, be allowed to use his land for any of the uses set forth in these regulations as special exception uses.

B.

All existing uses which fall into the classification of special exception uses are allowed as approved and authorized, but the expansion, alteration, or enlargement of that use shall require the approval of the City Commission by special exception. The City Manager shall be authorized to approve the relocation of an approved special exception use within the same plaza if the relocation is part of an approved site plan, supports economic development or redevelopment, or is required by eminent domain.

(Ord. No. 17O-10-150, § 1, 11-13-2017)

Editor's note— Formerly Sch. E, § 3(3).

Approval from the City Commission is required before any building permit can be issued by the City of Lauderhill for the construction and/or development of land for those uses which have been classified pursuant to these regulations, and amendments thereto, as special exception uses. Approval of any special exception use application shall require four (4) votes by the City Commission. In the event that there shall be a quorum of fewer than four (4) Commissioners, approval must then be unanimous.

Editor's note— Formerly Sch. E, § 3(4).

A.

Applications for approval of special exception uses shall be submitted to the Director of Community Development in writing, setting forth in detail the proposed use, and shall include a site plan, floor plan, response to standards for approval and an inventory of fixtures and equipment to be used on said premises and any other documentation required by the Director of Community Development. After finding the application in order, the Director shall set a date for a public hearing before the City Commission. It will be the duty of the City Commission to review the application and make its determination to approve, disapprove or approve subject to certain limitations and restrictions.

B.

If the property whereon the proposed special exception use shall be located is subject to unpaid City liens, fines or fees, the Community Development Department shall not accept the special exception application until such time as all liens, fines or fees on the property are fully paid, including interest due and any assessable costs.

Editor's note— Formerly Sch. E, § 3(5).

The City Commission, in reviewing any application for approval of a special exception use, shall consider the following:

A.

The effect of such use on surrounding properties.

B.

The suitability of the use in regard to its location, site characteristics, and intended purpose.

C.

Access, traffic generation and road capacities.

D.

Economic benefits or liabilities.

E.

Demands on utilities, community facilities, and public services.

F.

Compliance with the Comprehensive Land Use Plans for Broward County and/or the City of Lauderhill.

G.

Factors relating to safety, health, and general public welfare.

Editor's note— Formerly Sch. E, § 3(6).

Lot and building requirements of the zoning district in which the special exception use is to be located, shall comply with such requirements as may be imposed by the City Commission upon approval of said exception use.

Editor's note— Formerly Sch. E, § 3(7).

A.

Any special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a development permit or site plan approval, if appropriate, is applied for within the one hundred eighty-day period.

B.

If a use which has been granted a special exception shall cease to operate for a continuous period of one (1) year, the special exception approval shall expire.

Editor's note— Formerly Sch. E, § 3(8).

The public notice requirements described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 are applicable.

(Ord. No. 15O-03-106, § 5, 4-13-2015)

Editor's note— Formerly Sch. E, § 3(9).

Any use within a zoning district that is classified or categorized in these Land Development Regulations as a special exception use may be conveyed without further special exception use approval, except for the following:

4.10.1. [Repealed];

4.10.2. Day care centers, nursery schools, primary and secondary schools, and similar uses involving the care or education of minors, the elderly and the disabled;

4.10.3. Special Residential Facility Use, Category 3;

4.10.4. Pawn shops;

4.10.5. Service stations and convenience stores;

4.10.6. Vehicular sales, display, storage, or repair, including repair garages, new and used car agencies or lots, and car washes;

4.10.7. Any use subject to Section 4.8 of this part;

4.10.8. Bars, lounges, pubs and taverns, and package stores but excluding restaurant bars.

(Ord. No. 08O-02-110, § 1, 3-31-2008; Ord. No. 16O-02-109, § 3, 3-14-2016; Ord. No. 16O-09-146, § 4, 10-31-2016; Ord. No. 18O-04-109, § 7, 5-14-2018; Ord. No. 19O-08-114, § 2, 9-12-2019)

Editor's note— Formerly Sch. E, § 3(12).

4.11.1.

Intent. A special exception use is a use that could be appropriate within a zoning district if conditions are imposed to protect the public health, safety, or general welfare by mitigating potential land use incompatibilities. These conditions are imposed prospectively on the use and, consequently, may not actually mitigate the potential incompatibility. To help ensure that the imposed conditions protect the public health, safety, or general welfare by mitigating potential land use incompatibilities, this section empowers the City Commission to review, revoke, suspend, or modify any and all previously issued special exception use development orders and conditions. The City Commission shall conduct all hearings regarding special exceptions and conditions and shall make the final determination as to whether or not the special exception, or the conditions contained therein, shall be revoked, suspended or modified. The Planning and Zoning Director shall first provide written notice to the entity that was granted the special exception advising them of any violations of conditions or terms. If the violations are not brought into compliance, the matter shall be set for hearing before the City Commission to review, revoke, suspend, or modify the special exception. At least ten (10) days notice shall be provided prior to the hearing. Such decision of the City Commission can be appealed to a court of competent jurisdiction within thirty (30) days.

4.11.2.

Periodic review. The City Commission, by supermajority vote, may request the City Manager to conduct a periodic review of, and provide a recommendation on, any and all special exception use development orders by land use classification.

4.11.3.

Complaint driven review. The City Commission may request the City Manager to review and provide a recommendation on, a specifically issued special exception use development order and any conditions provided the City Manager is advised either by staff or by a complainant that any condition(s) of the special exception use development order have been. or are being, violated.

(Ord. No. 01O-04-26, § 1, 4-30-01; Ord. No. 02O-02-108, § 1, 2-25-02; Ord. No. 02O-02-109, § 2, 2-25-02; Ord. No. 04O-09-209, §§ 1—4, 9-27-04; Ord. No. 07O-08-143, § 1, 9-10-07; Ord. No. 09O-07-130, § 7, 8-31-09; Ord. No. 22O-06-118, § 2, 6-27-2022)

Special exception use applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 5, 9-27-2010)

5.0. DEVELOPMENT PLAN/SITE PLAN REVIEW ^[5]

5.1.1.

Building and engineering permits issued on the basis of plans and specifications approved by the City authorize only the use, arrangement or construction which appears on the approved plans and specifications. Any use, arrangement or construction which deviates from the approved plans and specifications shall be a violation of this Article. Statements made by the applicant on any building permit application shall be official, shall be binding upon the applicant, and shall be part of any approval.

5.1.2.

No building permit except as provided in Article IV, Sections 1.5.1, 1.5.2 of the Land Development Regulations shall be issued for any construction or any alteration of existing land and water covered by this Section until such time as the proposed development has been approved by the Planning and Zoning Board of the City with respect to the conditions and criteria set forth in this Section. It shall be the duty of the Planning and Zoning Board to review the plans at a public hearing and shall approve or disapprove the proposed site plan or development plan.

The mailed public notice and property posted notice described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Subsections 1.9.1. and 1.9.3 are applicable.

5.1.3.

When a proposed site plan or development plan has been approved by the Planning and Zoning Board of the City, the applicant shall have a period of six (6) months from the date of approval in which to apply for a building permit or permits which would be required for construction of the proposed site plan or development plan. If the applicant shall not apply for said permit or permits within a six-month period, then the applicant may request a six-month extension in which to apply for said building permit or permits from the Director of Community Development. The Director of Community Development shall grant such request if he or she determines that the site plan or development plan has not been modified or altered and still conforms to the original site plan which was approved by the Planning and Zoning Board. If the applicant shall not apply for said permit or permits within the six-month period, or within the twelve-month period if an extension has been granted, then the approval of the Planning and Zoning Board shall be considered null and void and the applicant shall be required to resubmit a proposed site plan or development plan before any building permit can be issued for construction.

5.1.4.

If any project shall not be completed within three (3) years after final site plan approval, all permits shall be automatically revoked unless extended by the City Commission by resolution.

(Ord. No. 01O-04-27, § 1, 4-30-01; Ord. No. 09O-07-130, § 8, 8-31-09; Ord. No. 15O-03-106, § 6, 4-13-2015)

Editor's note— Formerly Art. III, § 3.1.

The requirements of this Section shall be applicable to all proposed developments in all zoning categories or classifications as set forth in these regulations, except that RS-4 and RS-5 single-family residential developments shall be reviewed by the Community Appearance Committee, as provided for in Article IX of these Land Development Regulations, and shall not be reviewed by the Planning and Zoning Board.

(Ord. No. 01O-04-27, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 3.2.

The Community Development Department of the City shall be responsible for the overall coordination and administration of the site plan review process.

Prior to submission for site plan review it is recommended that a preliminary meeting be scheduled with the Community Development staff, to ensure that all code requirements have been met.

Scheduled submission dates are on file with the Community Development Department. It is mandatory that the owner or agent be present for all development review meetings. It is the responsibility of the applicant to be present for all scheduled meetings.

5.3.1.

Development review. Plans submitted for review shall first be submitted to the Development Review Committee, Beautification Committee or other public agencies deemed appropriate, for their review and evaluation.

Each member of the Development Review Committee or his or her designee shall indicate his or her approval or disapproval of each site plan submission at the scheduled meeting. The following preliminary information shall be required for submission:

A.

Site development plan shall reflect the following:

1.

Proposed location of all buildings or other structures, including their use, size, dimensions and setbacks.

2.

Proposed off-street parking areas, driveways, accessways and sidewalks including their location, size, type of construction, dimensions and setbacks.

3.

Proposed fences, walls, including their location, dimensions and setbacks.

4.

Proposed utility lines and easements and road rights-of-way, including location and size.

5.

Tabular summary:

a.

Total gross project acreage and net buildable land area.

b.

Total number of proposed residential units, including their characteristics by number of bedrooms and total and gross square footage.

c.

Proposed residential densities, including both net and gross acre calculations on both a unit and bedroom count basis.

d.

Proposed nonresidential floor area by type of use and total gross square footage.

e.

Percentage distribution of total gross project site, including those areas proposed for landscaped open space, impervious surfaces and building coverage.

f.

Number, size and ratio of off-street parking spaces.

6.

The site development plan must be signed and sealed by a civil engineer, landscape architect or architect.

7.

LEED identification. Those elements of a proposed development that conform to the United States Green Building Council "Leadership in Energy and Environmental Design" ("LEED") green building rating system shall be identified and a statement shall be provided addressing whether the proposed development will qualify for LEED certification and whether registration for a level of LEED certification will be sought.

B.

Architectural plans. All buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the environment. The following guidelines shall be followed in the review and evaluation of all buildings and structures:

1.

Proposed building floor plans and exterior elevations, including their size, shape, dimension, texture, color, and type of construction.

2.

Proposed elevations of fences, walls and signs, including their size, shape, dimension, texture, construction material and color.

3.

All permanent outdoor identification features which are intended to call attention to proposed projects and/or structures shall be designed and located in such a manner as to be an integral part of the total project and/or structural design and shall not exceed a size and scale necessary for the recognition from vehicles moving along adjacent streets at prescribed legal speeds and/or the sign ordinance of the City.

4.

Colored rendering, chips and material samples must be presented to all appropriate boards.

5.

For non-residential development and redevelopment, consistency with the guidelines in Schedule P., Design Guidelines.

C.

Circulation and parking.

1.

Engineering plans shall be provided which address the following requirements:

a.

Circulation.

b.

Parking.

c.

Paving.

d.

Drainage.

e.

Grading.

f.

Traffic control.

g.

Sidewalks.

h.

Water.

i.

Sewer.

j.

Other required public facilities pursuant to proposed use.

D.

Landscape and irrigation plan shall contain information about:

1.

Proposed and existing trees, shrubs, grass and other vegetation, including their location, height, quantity, shape, size and type of plant by both common and botanical classification.

2.

Proposed and existing berms, watercourses and other topographic features; including their location, height, size and shape.

3.

Natural environment. All proposed development shall be designed in such a manner as to preserve, perpetuate and improve the existing natural character of the site. Existing trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses.

4.

Open space. Adequate landscaped open space shall be provided which meets the particular needs and demands of the proposed development and all specific zoning requirements. Legal methods assuring the continued preservation and maintenance of required open space shall be determined by the character, intensity and anticipated residential or user composition of the proposed development.

a.

Passive open spaces (those areas not planned for intensive activity) shall be arranged as to enhance internal spatial relationships between the project and adjacent less intensive uses, to facilitate pedestrian movements within the development, and to improve the overall visual quality of the site.

b.

Active open spaces (those containing activities such as playgrounds, tennis courts, swimming pools and other active recreational facilities) shall be located so as to permit easy access for all residents within the development, and to have a compatible relationship with other uses within the development. Private recreational facilities and activities within specific projects shall, wherever possible, complement rather than duplicate nearby public recreational activities.

5.

Proposed irrigation plan reflecting layout, coverage and source of water.

6.

Projected tree canopy coverage.

7.

Landscape and irrigation plans and specifications.

E.

Landscaping plan requirements and approval.

1.

Submission. Prior to issuance of any permits for building or paving, which is included under the provisions of these regulations, a landscaping plan shall be submitted to the Community Development Department. The Department shall review such plan and shall, within fifteen (15) days after submission, approve same if the plans are in accordance with the criteria of this regulation, or same shall be disapproved and shall be accompanied by a statement setting forth the changes necessary for compliance. If the Department gives approval, the plan shall be submitted to the appropriate City boards for their approval.

2.

Content. Landscaping plans shall be rendered by a landscape architect, landscape contractor, or other person knowledgeable in landscaping, but, in all cases, qualified under Florida Statutes [Chapter] 481, Part II, and shall contain the following information:

a.

Minimum scale of one (1) inch equals forty (40) feet, including dimensions, areas, and distances and clearly delineating the existing proposed parking paces, or other vehicular use areas, access aisles, and driveways.

b.

Location of all trees, designating those to be preserved.

c.

Location of all landscaping material to be used, designated by its name, size and location, the plant material to be installed or, if existing, to be used in accordance with the requirements hereof.

d.

Spacing of plant material (where appropriate).

e.

Provisions for irrigation including approximate placement of all water sources and outlets.

f.

Location and size of buildings. Tree removal plans shall conform to the tree preservation ordinance and other landscaping ordinances within these regulations.

3.

In RS districts only, a landscape plan is not required. However, required landscaping detail, including quantity and location, shall be shown on the site plan.

4.

Permits. No permit shall be issued for building or paving, unless the plan complies with the provisions hereof, a certificate of use or occupancy shall be issued unless the landscaping is installed in accordance with the approved plan and the requirements thereof.

5.

All landscaping plans shall incorporate standards for crime prevention through environmental design (CPTED). To accomplish such standards, landscaping site requirements concerning hedge, shrubs, ground cover and trees may be modified by the Director of Community Development.

F.

Community service and utilities. All proposed developments shall be designed and located in such a manner as to insure the adequate provisions, use and compatibility of necessary community services and utilities. The engineering standards are contained in Schedule L of the Land Development Regulations.

1.

An adequate sanitary sewer collection system, including all necessary extensions and connections, shall be provided in accordance with City standards for location and design. Where necessitated by the size of the development and/or by the unavailability of City treatment facilities, sanitary sewage treatment and disposal systems must be provided in accordance with City, county and state standards and regulations.

2.

An efficient solid waste collection system including the provisions of an adequate number of local receptacles in locations which afford maximum use and collection convenience shall be provided in accordance with all applicable City standards.

3.

A well designed internal system for fire protection, including the provision of an adequate number of properly located fire hydrants and an efficient access arrangement for emergency fire vehicles, shall be provided to insure the safety of all persons within the project.

4.

Wherever feasible, all newly installed utility lines, with the exception of temporary construction lines, including but not limited to those required for electrical power distribution, telephone and telegraph communication, street lighting and television signal services, shall be installed underground at the developer's or builder's expense. This Section shall apply to all cable conduits or wires forming part of the electrical distribution system, including service lines to individual properties necessary to serve the development under consideration. However, this Section shall not apply to wires, conductors, or associated apparatus and supporting structures whose exclusive function is in transmission of electrical energy between generating stations, substations, and transmission lines of other utility systems, or main distribution feeder electrical lines delivering power to local distribution systems. Appurtenances such as transformer boxes, pedestal-mounted terminal boxes and meter cabinets may be placed above ground on a level concrete slab and shall be located in such a manner as to minimize noise effects upon the surrounding residential properties (preferably at front lot common corner boundaries).

5.

Drainage plans and calculations.

G.

Public safety and security plan. Each multi-family and mixed used development shall be required to submit a public safety and security plan as part of the final site plan submittal. Said plan shall include graphic and textual materials addressing the following public safety and security issues required by CPTED and provide a plan that includes securing the property and a gated entrance.

1.

Provision of natural surveillance.

a.

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 any other physical obstructions.

b.

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

c.

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

2.

Provision for natural access control.

a.

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

b.

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

3.

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

4.

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

5.3.2.

Planning and Zoning Board.

A.

The applicant shall revise its plans to incorporate the conditions required by the Development Review Committee. The required documents will then be forwarded to the Planning and Zoning Board for its consideration.

B.

The Planning and Zoning Board shall review the site plan for conformance to the Land Development Regulations, including the site plan, plat, parking, landscape and all applicable articles and schedules.

C.

All Planning and Zoning Board approvals are final, unless the City Commission deems appropriate to review subject site development plan.

(Ord. No. 01O-04-27, § 1, 4-30-01; Ord. No. 05O-03-123, § 1, 3-28-05; Ord. No. 07O-02-106, § 1, 3-12-07; Ord. No. 23O-06-113, § 3, 6-26-2023)

Editor's note— Formerly Art. III, § 3.3.

A fee pursuant to Section 1.8 of the Land Development Regulations shall be paid to the Community Development Department at time of submission of application for site plan review.

(Ord. No. 01O-04-27, § 1, 4-30-01; Ord. No. 24O-07-125, § 3, 8-26-2024)

Editor's note— Formerly Art. III, § 3.4.

Approval, either preliminary or final, of a site plan containing features which are at variance with any current City codes or regulations shall not be considered to be a variance from the strict terms of said codes and regulations and any such variance can only be obtained by following the procedures set forth in the Code of Ordinances of the City or any other procedures established by the City Commission for the granting of a variance.

(Ord. No. 01O-04-27, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 3.5.

Any modification of an approved site plan must be submitted to the Community Development Director, and must be signed and sealed by a civil engineer, landscape architect or architect. The City Planner shall follow the same procedure as outlined in Subsection 5.3 of this Article for the submission of an original site plan, unless approval may be granted by Director of Community Development pursuant to specific provisions of these regulations. The regular fee and a penalty equal to the regular fee shall be paid by applicants who have already made or commenced site plan modifications without first obtaining site plan modification approval. All modifications of the approved site plan must be clearly designated.

(Ord. No. 01O-04-27, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 3.6.

5.7.1.

Appeals of the decision of the Planning and Zoning Board may be made to the City Commission. Appeals must be in writing and delivered to the Community Development Director within thirty (30) days after the Planning and Zoning Board meeting at which the decision is rendered.

5.7.2.

Upon notification by the Community Development Director that an appeal is being taken, the City Clerk shall place the appeal on the agenda of the next regularly scheduled meeting of the City Commission; shall notify the applicant of appeal date; shall schedule the appeal for a public hearing at said meeting; and shall advertise the date, place and time of the hearing and the matter to be considered at such hearing, in a newspaper of general circulation in Broward County at least ten (10) days prior to the date of the hearing.

5.7.3.

No action of the Planning and Zoning Board shall be final for a period of twenty (20) days from the date of said action.

5.7.4.

Within five (5) days from the date of any action taken by the Planning and Zoning Board, any member of the Planning and Zoning Board who voted in the majority in an action by the Planning and Zoning Board may request a reconsideration of the action so taken. The request shall be in writing and shall be delivered to the Director of Community Development. Upon receipt of the request for reconsideration, the Director of Community Development shall place the request for reconsideration upon the agenda of the next scheduled meeting of the Planning and Zoning Board and notify the applicant. If the Planning and Zoning Board decides, by a majority vote, to reconsider the action which is subject to the request, the action to be reconsidered shall then be placed upon the agenda of the next scheduled meeting of the Planning and Zoning Board. The Planning and Zoning Board may so reconsider its action only once.

5.7.5.

After all opportunities for consideration or reconsideration before Planning and Zoning Board have been exhausted, the City Commission may, by a vote of four (4) members, or by a unanimous vote if less than four (4) members are present, reconsider the action of the Planning and Zoning Board. The request to reconsider the action shall be delivered, in writing, to the City Clerk by any member of the City Commission within fifteen (15) days of the date the action taken by the Planning and Zoning Board. The vote to reconsider the action of the Planning and Zoning Board shall take place at the regularly scheduled City Commission meeting following the action of the Planning and Zoning Board or a special City Commission meeting called for the purpose of voting to reconsider said action of the Planning and Zoning Board when time is of the essence. Upon a favorable vote of the City Commission to reconsider the action of the Planning and Zoning Board, the City Clerk shall place the reconsideration on the agenda of the next regularly scheduled meeting of the City Commission. A special meeting may be called for the purpose of the reconsideration when time is of the essence. The City Clerk shall notify the applicant of the reconsideration date; shall schedule the reconsideration for a public hearing at said meeting; and shall advertise the date, place and time of the matter to be reconsidered at such hearing in a newspaper of general circulation in Broward County at least ten (10) days prior to the date of reconsideration. At the time of such reconsideration, the City Commission may, by a majority vote, approve, disapprove or modify the action of the Planning and Zoning Board, or may send the site plan back to the Planning and Zoning Board with instructions to reconsider all or any portion of the site plan. If the City Commission shall send the site plan back to the Planning and Zoning Board for reconsideration, the item shall be reconsidered at the next regularly scheduled meeting of the Planning and Zoning Board. After reconsideration pursuant to this section, the Planning and Zoning Board may not avail itself of Section 5.7.4.

(Ord. No. 01O-04-27, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 3.7.

At the time of application for development plan or site plan, applicant shall, at applicant's expense, present to the City an abstract or other evidence of title in a form approved by the City from a prior date approved by the City. This requirement can be waived by the City Planner.

(Ord. No. 01O-04-27, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 3.8.

5.9.1.

A CPTED review for special exception uses, site plans, site plan modifications, landscape plan modifications and sign applications is required. The CPTED site plan review must be completed and signed by one (1) Law Enforcement Officer and one (1) CPTED trained Planner or Building Official, and shall be required to respond to all concerns noted by the CPTED reviewers before being scheduled for review before the Development Review Committee or Planning and Zoning Board.

5.9.2.

All residential and mixed used developments shall be required to submit a public safety and security plan as part of the final site plan submittal. Said plan shall include graphic and textual materials addressing the following public safety and security issues required by CPTED and provide a plan that includes securing the property and a gated entrance.

(Ord. No. 01O-04-27, § 1, 4-30-01; Ord. No. 04O-03-115, § 1, 3-29-04; Ord. No. 23O-06-113, § 4, 6-26-2023)

Editor's note— Formerly Art. III, § 3.9.

Site plan applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Site plan modification applications require administrative review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 6, 9-27-2010)

6.0. PLAT AND SUBDIVISION PLAN REVIEW ^[6]

Plat regulations are adopted for the following purposes:

6.1.1.

To establish uniform standards for the design of subdivisions and the preparation of subdivision plats.

6.1.2.

To coordinate all official requirements pertaining to plats in a convenient form.

6.1.3.

To facilitate coordination of subdivision plats with the zoning, highway, and public improvement plans of the City.

6.1.4.

To assure consistency and equitable treatment for engineers, surveyors, and subdividers in the review of their plats.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.1.

6.2.1.

Subdivision sketch plat.

A.

Subdividers are invited to prepare for review with the Community Development Department, subdivision sketch plans as further described in Section 6.6 hereof.

B.

Such sketch plats will be considered as submitted for informal and confidential discussion. Submission of a subdivision sketch plan shall not constitute formal filing of a plat.

C.

As far as may be practicable on the basis of a sketch plat, the will informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision conforms to these regulations and will discuss possible plat modifications necessary to secure conformation.

6.2.2.

Submission of preliminary plats.

A.

Preliminary plat for all proposed subdivisions of land lying within the City wholly or partially shall be filed with the Community Development Department for review.

B.

Provided that plats and any necessary supporting data are filed not less than ten (10) calendar days in advance of the meeting, plats will be considered by the Development Review Committee at its next regular meeting subsequent to filing.

6.2.3.

Processing of plats.

A.

A subdivider seeking approval of a subdivision plat shall submit ten (10) copies of the preliminary plat. A copy of this preliminary plat shall then be referred to the Development Review Committee for review and approval. The Development Review Committee shall submit its comments and recommendations in the form of a Development Review report.

B.

The Development Review Committee shall review all plats according to Article IV of the Land Development Regulations.

C.

The Community Development Department shall check the preliminary plats for street numbering and naming.

D.

The Recreation Department shall review the preliminary plat in relation to City parks and recreational needs, and in relation to proposed dedications in the plat for park and recreational purposes.

E.

The Community Development Department shall report the recommendations of the several agencies above-mentioned to the Board, together with an analysis of the conformance and nonconformance of the preliminary plat to these regulations.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.2.

The Board, in studying the preliminary plat, will take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to width, arrangement, and location of streets, surface drainage, lot size and arrangement, as well as requirements for parks, playfields, playgrounds, school sites, public building sites, parkways and highways. Adequate street connections shall be considered to insure free access to and circulation for adjoining subdivisions and lands, where appropriate. In cases where the proposed subdivision plat is a resubdivision of portions of an existing subdivision of a replat in connection with the abandonment of a portion of existing public streets and public places, or there are existing conditions on subject property or on nearby property which unduly affect the platting and development of the subject property, the Board shall have the right to vary the strict application of these subdivision regulations in appropriate cases in such a manner as to carry out the spirit and purpose of these regulations.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.3.

6.4.1.

At the scheduled public meetings the Board shall receive reports on and review the preliminary plat to determine its conformance to these regulations. The subdivider and any other persons interested in or affected by the proposed subdivision shall have the right to be heard by the Board either in person or by letter.

6.4.2.

The Board may approve the preliminary plat as presented or with minor modifications, if found to be in conformance with these regulations, or may disapprove the plat when not found to be in conformance or readily capable of being revised to conform. Approval of the preliminary plat subject to conditions, revisions and modifications as stipulated by the Board, shall constitute conditional Board approval of the subdivision as to character and intensity of development and the general layout and the approximate dimensions of streets, lots and other proposed features.

6.4.3.

The approval of the Board on a preliminary plat shall become null and void unless a final plat conforming to such preliminary plat is finally approved by the Commission and recorded within six (6) months of preliminary plat approval. An extension note [not] to exceed six (6) months may be granted by the Director of Community Development upon a showing by the developer of a hardship which was not created by, and is beyond the control of, the developer.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.4.

6.5.1.

A sketch plat may be submitted by the subdivider as basis for informal and confidential review.

6.5.2.

Data furnished in a sketch plat shall be at the discretion of the subdivider. For maximum service it is suggested that a sketch plat should include the following information:

A.

Tract boundaries;

B.

Location with respect to section lines;

C.

Streets on and adjacent to the tract;

D.

Proposed general street layout;

E.

Significant topographical and physical features;

F.

Proposed general lot layout.

6.5.3.

A sketch plat need not be to scale, nor are precise dimensions required.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.5.

6.6.1.

The preliminary plat shall be at a scale of not more than one hundred (100) feet to the inch, provided that a scale of two hundred (200) feet to the inch may be used for large areas.

6.6.2.

The preliminary plat shall show or be accompanied by the following information:

A.

Proposed subdivision name or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the City or county;

B.

Location sketch within section;

C.

North point, graphic scale, and date;

D.

Name of the owner of property or his authorized agent;

E.

Name of the registered engineer or surveyor responsible for the plat;

F.

Location and name of adjacent subdivisions;

G.

Tract boundaries with angles and distances;

H.

All existing watercourses, canals, bodies of water and major drainage districts;

I.

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

J.

All existing property lines, easements and rights-of-way and the purpose of which the easements or rights-of-way have been established;

K.

Location and width of all proposed streets, alleys, rights-of-way and easements; proposed lot lines with approximate dimensions; playgrounds, public buildings, public areas and parcels of land proposed or reserved for public use.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.6.

6.7.1.

All final plats shall be approved or disapproved by the City Commission by majority vote.

6.7.2.

The Community Development Department shall review all final plats to verify the conformity of the final plat with the preliminary plat as approved by the Board. When the final plat is found to comply with all the applicable zoning regulations and to be in conformity with the preliminary plat as approved by the Board, the approval of the Director of the Community Development Department shall be endorsed upon the final plat.

6.7.3.

The endorsement of the final plat by the Community Development Director shall signify his approval of the final plat by signing thereon and he or she shall forward the plat to City Commission for consideration.

6.7.4.

The City Commission may by specific action in individual cases authorize and direct the Director of the Community Development Department to approve a final plat which is not in conformity with a preliminary plat approved by the Board.

6.7.5.

A final plat approved by the City Commission shall be signed by the Mayor, City Clerk, and City Engineer.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.7.

6.8.1.

Streets, alleys, and sidewalks.

A.

Conformity to trafficway plan. The location, direction and width of all streets, roads and highways shall conform to the official trafficways plan where such a plan is in existence and is applicable.

B.

Relation to existing street system. The arrangement of streets in new subdivisions shall make provisions for proper extension of existing dedicated streets in existing subdivisions, where such extension is appropriate.

C.

Provision for platting adjoining unplatted areas. The arrangement of streets in new subdivisions shall be such so as to facilitate and coordinate with the desirable future platting of adjoining unplatted property of a similar character, and provide for local circulation and convenient access to neighborhood facilities.

D.

Protection from through traffic. Minor and collector residential street shall be laid out and arranged so as to discourage their use by through traffic. Residential streets shall not connect with industrial areas where avoidable.

E.

Arterial street frontage. Where a residential subdivision or residential property abuts an existing or proposed arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to assure separation of through and local traffic.

F.

Plats adjacent to railroad or expressway right-of-way. Where a subdivision borders on or contains a right-of-way for a railroad, expressway, drainage canal or waterway the Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for requirements of approach grades for future grade separations.

G.

Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Board.

H.

Private streets. There shall be no private streets platted in any subdivision. Every subdivided lot or property shall be served from a publicly dedicated street. This requirement may be waived by the Commission in special situations where the Commission finds public safety, convenience, and welfare can be adequately served. All private streets shall be required to meet all requirements for public streets.

I.

Half streets. New half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in conformance with these regulations or where satisfactory assurance for dedication of the remaining part of the street is provided. Wherever a tract to be subdivided borders on an existing half or partial street the other part of the street shall be dedicated within such tract.

J.

Dead end streets. Dead end streets shall be prohibited, except where appropriate as stubs to permit future street extension into adjoining unsubdivided tracts, or when designed as a cul-de-sac.

K.

Cul-de-sac streets.

1.

Culs-de-sac, permanently designed as such, shall not exceed four hundred (400) feet in length, except on finger islands.

2.

Culs-de-sac shall be provided at the closed end with a circular dedicated area not less than one hundred (100) feet in diameter for turnaround purposes.

L.

Street rights-of-way.

1.

Unless otherwise indicated or required by the trafficways plan, for sufficient reasons shown that exceptions should be made in specific cases, street rights-of-way shall not be less than the following:

2.

Additional right-of-way width may be required to promote public safety and convenience, or to assure adequate access, circulation and parking in high density residential areas, commercial areas, and industrial areas.

M.

Alleys.

1.

Alleys shall be provided to serve multiple dwelling, business, commercial, and industrial areas, except that the Board may waive this requirement where other definite provision is made for service access, off-street loading, unloading and adequate parking, for the uses permissible on the property involved.

2.

The width of any alley shall be a maximum of twenty (20) feet.

3.

Changes in alignment or alleys must provide a center line radius of at least forty (40) feet.

4.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks at the dead end, with a minimum external diameter of one hundred (100) feet, or as determined to be adequate by the Board.

N.

Easements.

1.

Easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be at least twelve (12) feet in total width, or as determined by the Commission to be adequate.

2.

Where a subdivision is traversed by a watercourse, drainage way, canal or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines or such watercourses, and such further width construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith where necessary for service or maintenance.

3.

Easements may be required for drainage purposes of such size and location as may be determined by the City Engineer.

O.

Street alignment.

1.

Curved linear streets are recommended for residential minor and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas.

2.

Whenever a street changes direction, or connecting street lines deflect from each other by more than ten (10) degrees, there shall be a horizontal curve.

3.

To ensure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:

Minor streets .....150 feet

Collector streets .....300 feet

Secondary arterial streets and section line roads .....500 feet

Major arterial thoroughfares .....750 feet

4.

A tangent at least one hundred (100) feet long shall be provided between reverse curves on collector streets, and at least two hundred fifty (250) feet long on major and secondary thoroughfares and section line roads.

P.

Street intersections.

1.

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees, except at a "Y" intersection of two (2) minor streets.

2.

Multiple intersections involving the junction of more than two (2) streets shall be prohibited except where found to be unavoidable by the Commission.

3.

"T" intersections of minor and collector streets are to be encouraged.

4.

As far as possible, intersections with arterial streets shall be located not less than eight hundred (800) feet apart, measured from center line to center line.

5.

Streets entering opposite sides of another street shall be laid out directly opposite each other or with a minimum offset of one hundred twenty-five (125) feet between their center lines.

6.

Minimum property line radii at street intersections shall be twenty-five (25) feet for minor streets and where the angle of intersection is less than sixty (60) degrees, a greater radius may be required by the Commission.

Q.

Excessive street widths. Streets shall not be platted to a width more than one hundred fifty (150) percent of the minimum width specified in these regulations for the type of street involved. No street shall be platted for center island development except where such center islands may be desirable or necessary for traffic separation and safety as determined by the Board.

R.

Sidewalks.

1.

Five (5) foot-wide sidewalks shall be installed in public rights-of-way. In a private area where there are no public rights-of-way, five (5) foot-wide sidewalks shall be installed which shall run parallel to all streets in the area.

2.

The following requirements shall apply to all sidewalks, whether public or private:

a.

Construction of sidewalks shall be required as a condition of:

1)

New site plan approval;

2)

Any modification of an existing site plan;

3)

Any renovation of a structure when the renovation exceeds five (5) percent of the assessed value of the structure during any twelve-month period.

b.

Design specifications shall be in accordance with the City's engineering standards, including required handicapped accessibility.

c.

In single-family residential areas:

1)

Sidewalks shall be on both sides of all streets.

2)

All sidewalks shall intersect with perpendicular streets.

3)

Sidewalks shall be constructed along the external street frontage of any integrated residential development.

d.

In multifamily areas:

1)

There shall be a sidewalk around the perimeter of each integrated development.

2)

Internally, there shall be clearly delineated, safe paved pedestrian pathways at least four (4) feet in width connecting the entrance of each residential building to the building's dumpster location, the building's parking lot, the building's mailbox, and to all recreational facilities.

e.

In nonresidential areas:

1)

There shall be a sidewalk abutting all street frontages.

2)

There shall be clearly delineated, safe paved pedestrian pathways at least four (4) feet in width from major public entrances of buildings to parking lots, and from entrances of buildings to mailbox and dumpster locations.

6.8.2.

Blocks. The length, widths and shapes of blocks shall be determined with due regard to:

A.

Provision of adequate building sites, suitable to the special needs of the type of use contemplated;

B.

Zoning requirements as to lot sizes and dimensions;

C.

Needs for convenient and safe access, circulations, and control of pedestrian and vehicular traffic.

6.8.3.

Lots.

A.

The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.

B.

Lot dimensions and areas shall be not less than specified by applicable provisions of the zoning regulations in effect, and shall further conform to the requirements of these regulations.

C.

Corner lots for residential use shall have such additional width, greater than a corresponding interior lot, as may be necessary to provide appropriate building sites not smaller than minimum interior lots provided.

D.

Side lot lines shall be substantially at right angles or radial to street lines.

E.

Double frontage and reverse frontage lots for residential use shall be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific handicaps of topography and orientation.

F.

A planting screen easement of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous situation.

G.

Every lot shall abut upon and have permanent access to a public street and residential lots shall have a street frontage of not less than thirty (30) feet.

H.

Lot arrangement and design shall be properly related to topography to the nature of contiguous property and to the character of surrounding development.

6.8.4.

Land dedication.

A.

School sites. When the subdivision covers an area within which the Broward County Board of Public Instruction requires a school site, the required school site shall be properly integrated into the plan of the subdivision.

B.

Recreation. Provision of public recreation areas is recommended for all neighborhoods in the form of playgrounds, playfields, and community areas, pursuant to existing land dedication ordinances of the City of Lauderhill.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.8.

All fees shall be in accordance with Section 1.8 of the Land Development Regulations as it now exists or as it may be amended from time to time.

(Ord. No. 01O-04-28, § 1, 4-30-01; Ord. No. 24O-07-125, § 3, 8-26-2024)

Editor's note— Formerly Art. III, § 4.9.

The regulations set out herein are adopted for the following purposes:

6.10.1.

To establish standards of subdivision design that encourage the development of sound and economically stable communities and the creation of healthy living environments.

6.10.2.

To secure the provision of efficient, adequate, and economically feasible delivery of water and sewers to land developments.

6.10.3.

To prevent traffic hazards and provide for safe and convenient vehicular and pedestrian traffic circulation in and around land developments.

6.10.4.

To aid in the coordination of land development in the community in accordance with orderly physical patterns and to implement the City's Comprehensive Land Use Plan, Zoning Regulations and such other regulations in furtherance of the Comprehensive Land Use Plan of the City of Lauderhill.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.10.

An approved plat shall be filed and recorded in the public records of Broward County, Florida, whenever land is subdivided, or resubdivided whenever a new building is constructed or whenever an existing building is thirty (30) percent renovated prior to the issuance of a building permit for construction of improvements upon unplatted land. A replat requirement may be waived under the terms of Section 6.16.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.11.

No building permits shall be issued for any structure on a lot, parcel, tracts or site in a subdivision until a plat or replat has been approved and recorded as provided in this Section and the plat regulations of the City of Lauderhill as provided for in these Land Development Regulations.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.12.

No public improvements of any nature may be installed in subdivided or resubdivided land until a plat or replat has been approved and recorded as provided herein.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.13.

The City Commission may waive the recording of a plat or replat in the following instances:

A.

Whenever it finds and determines that only a dedication of property is necessary for roadway, highway, street, alley, or easement and the appropriate dedications or easements are obtained by the City; or

B.

Where the City Commission finds and determines that the subdivided or resubdivided land has all the necessary improvements and dedications that are required by the City's plat regulations and Code of Ordinances.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.14.

A.

The waiver of recording of a plat or replat may be granted by the City Commission and may be conditioned upon the compliance with such conditions concerning installation of sidewalks, streets, drainage facilities and such other development improvements deemed by the City Commission to be in the best interests of the public health, safety, and welfare of the residents of the City and the development. The City Commission may require dedications or easements for utilities, sidewalks, drainage, streets or highways, alleys or roadways, as deemed to be in the public interest.

B.

The City Commission may require the property owner to post a bond to secure the construction of improvements as set forth in the plat or replat, or in the alternative, can receive evidence of the fact that a contract had been let for the construction of the improvements or the developer demonstrates in a manner satisfactory to the City Commission that it is financially capable of providing for the completion of said needed improvements. This can be done in the following manner:

1.

By construction of roads and improvements prior to the issuance of a building permit; or

2.

Cash; or

3.

Performance bonds; or

4.

Letter of credit or a certificate of deposit; or

5.

Escrow arrangement with reputable financial institution; or

6.

Agreement between City and developer and a commitment letter with a reputable financial institution.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.15.

A.

If a project shall encompass two (2) or more existing plats, the Community Development Director may upon application of the property owner and payment of appropriate fee, waive the requirement of replatting so long as the Development Review Committee determines from the owner's submission of a site plan or survey of the property that no dedication of property is necessary for roadway, utilities, highway, street, alleyways, or sidewalks. All waivers of replats shall be approved by City Commission by Resolution.

B.

If the Community Development Director finds and determines from the site plan or survey that dedications of property are necessary, a request for waiver of replat shall be made to the City Commission which may waive the requirement of replat. The City Commission may also require such dedications of property for roadway, utilities, highways, streets, and sidewalks as it deems to be in the public interest.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.16.

6.17.1.

No owner of unplatted property shall be required to plat as a condition for receiving a building permit for installation of interior improvements so long as such improvements do not:

A.

Change the use to which the land has heretofore been utilized;

B.

Increase floor space by such dimensions as to affect traffic and pedestrian circulation;

C.

Affect the provision of utility services to the property;

D.

Affect drainage; or

E.

Detrimentally affect the public health, safety and welfare of the residents of the premises and of the City.

6.17.2.

Exemption for parcels platted after June 4, 1953. Replatting of parcels is not required for plats approved by the Broward County Commission and recorded after June 4, 1953.

6.17.3.

Exemption for single family or duplex lots. Replatting is not required in instances involving construction of one (1) single-family dwelling unit or duplex unit on a lot or parcel if said lot or parcel was of record as such in the official records of Broward County as of the date the Broward County Land Use Plan was adopted by the Broward County Commission, March 1, 1989.

6.17.4.

Exemption for small parcels platted on or before June 4, 1953. Platting for the issuance of building permits for construction of a multi-family or non-residential building, is not required provided all the following conditions are met:

A.

The lot or parcel has been specifically delineated on a plat recorded on or before June 4, 1953, and

B.

The lot or parcel is smaller than five (5) acres, and

C.

All land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan has been conveyed to the public by deed or grant of easement.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.17.

All requirements within the City's Code of Ordinances and Land Development Regulations pertaining to subdivisions and plats shall be applicable to resubdivisions and replats, unless excepted or waived as provided herein.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.18.

6.19.1.

Vacation of easements.

A.

Requests for vacation of easements shall be filed with the Community Development Department in a form to be approved by the Community Development Department.

B.

Requests shall include site plans outlining easements to be vacated, and written and signed approval of the vacation by all utilities whose approval shall be required, including the Lauderhill Utility Department, where appropriate.

6.19.2.

Acceptance of easements.

A.

Requests for acceptance of easements shall be filed with the Community Development Department in a form approved by the Community Development Department.

B.

Requests shall include site plans outlining all easements to be accepted, all agreements for easements or grants of easements, and all other documents which the Community Development Department determines to be pertinent.

C.

The application fee for vacation or acceptance of easement shall be five hundred dollars ($500.00).

D.

All approvals of vacations or acceptances of easements shall be by resolution of the City Commission.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.19.

All vacation of streets shall be by resolution of the City Commission.

(Ord. No. 01O-04-28, § 1, 4-30-01)

Editor's note— Formerly Art. III, § 4.20.

Plat, replat, plat note or delegation request, and vacation applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 7, 9-27-2010)

The public notice requirements described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 are applicable.

(Ord. No. 15O-03-106, § 7, 4-13-2015)

7.0. CONCURRENCY DETERMINATION ^[7]

Consistency with City Comprehensive Plan.

(a)

Generally. No development activity may be approved unless it is found that the development is consistent with the City Comprehensive Plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impact of the development on those facilities.

(b)

Determining consistency with City Comprehensive Plan. If a development proposal is found to meet all the requirements of the City Land Development Regulations it shall be presumed to be consistent with the Comprehensive Plan in all respects except for compliance with the concurrency requirement. The Land Development Regulations shall be amended from time-to-time to implement the effective Comprehensive Plan. The City Planner, other public official or any citizen may, however, question the consistency of a development proposal with the Comprehensive Plan. If a question of consistency is raised, the Director of Community Development shall conduct a technical evaluation and make a determination of consistency or inconsistency and support that determination with written findings. An appeal of the determination to the City Commission may be made by filing a written appeal with the Director of Community Development within thirty (30) days of the determination. An appeal after the City Commission determination shall be to the Circuit Court of Broward County, Florida.

(c)

Development subject to adequacy determination for levels of service.

(1)

For plats or replats, or for site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously vacant land except that specified in Subsection (3) below, shall be subject to adequacy determination unless a site plan has been approved prior to December 1, 1989 and development activity has occurred within the plat or replat area.

(2)

For plats or replats, or for site plans or building permits in the City of Lauderhill where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously improved lands shall be subject to an adequacy determination for the additional capacity that equal the difference between the capacity to be generated or consumed by the development specified in the proposed note on the plat and the capacity generated or consumed by the existing development. Existing development shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the final plat is submitted, or the application for a site plan or building permit approval is submitted.

(3)

For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequacy determination shall be required for those additional capacities that equal the difference between the previous plat and the replat; or the previous note in the proposed amendment to the note; or the development approved by the County Commission at the time of plat approval and the proposed note to be placed on the plat.

(4)

All plats approved after October 1, 1989 by the Broward County Commission and all developments (i.e., site plans) approved after the date of this Ordinance by the City of Lauderhill must undergo adequacy determinations of concurrency.

(d)

Measurement of capacities.

(1)

Water and wastewater. Measurement of water and wastewater facilities will be based on design capacities and service flows. Usage and discharge will be based on adopted level of service standards. These levels may be amended after consideration and substantiation of engineering studies and/or an amendment to the City of Lauderhill Comprehensive Plan.

(2)

Roadways. The procedure for the initial measuring of highway capacities is the Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes made available to local government for use from January 1989 through December 1990. Future capacities standards will be issued by FDOT as necessary. The measurement of capacity may also be determined by substantiation in the form of engineering studies or other data. Traffic analysis techniques must be technically sound and justifiable as determined by the Broward County Office of Planning and City Engineer. Alterations to capacity on the State Highway Network shall require FDOT review. Measurement of County and State roads shall be in accordance with the development review requirements of the Broward County Land Development facilities in a specific area if upon completion of the new facilities the prescribed levels of service will be met.

(Ord. No. 01O-10-61, § 1, 11-26-01)

Editor's note— Formerly § 4.1.

(a)

For purposes of these regulations the available capacity of a facility shall be determined by:

a.

Adding together:

1.

The total design capacity of existing facilities operating at the required level of service; and

2.

The total design capacity of new facilities that will become available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

(a)

The necessary facilities are in place at the time a plat approval issued, or a plat approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

(b)

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

(c)

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

(d)

The new facilities have been included in the City capital improvement program annual budget.

(e)

The new facilities are guaranteed at a specific time in an enforceable development agreement. Such facilities must be consistent with the Capital Improvements Element of the City Comprehensive Plan and approved by the City Engineer.

(f)

The developer has contributed funds to the City or County necessary to provide new facilities consistent with the Capital Improvements Element of the City Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the City or other governmental entity.

(g)

The proposed development does not place any trips on the over capacity roadway link.

(h)

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

(i)

The subject area has been determined to be a special transportation area (STA) relating to roadway concurrency issues.

(j)

The development is authorized by an approved Development of Regional Impact (DRI) Development Order.

(k)

The proposed development is found to have vested rights with regard to any effected roadway segments or infrastructure capacity reservations.

(l)

The proposed development is one (1) single family or duplex dwellings on a lot, or parcel of record prior to March 1, 1989 and the lot or parcel is in an infill area.

(m)

The proposed development is a government facility which the City Commission finds is essential to the health or safety of persons residing in or using previously approved or existing development.

(n)

This determination may not be satisfied by the transfer of committed capacity from a previously approved plat or DRI to another parcel of land not included within the previous plat or DRI.

(o)

The necessary facilities are provided by any of the aforementioned methods (paragraphs (a) through (n)) for the approval of new development orders for lands which are already platted or the subsequent approval of development orders after new plats are approved.

b.

Subtracting from that number the sum of:

1.

The design demand for the service created by existing development; and

2.

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

(b)

Burden of showing compliance on developer. The burden of showing compliance with these levels of service requirements shall be upon the developer. In order to be approved, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. The Community Development Department shall supply concurrency management forms to be completed by the developer.

(c)

Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

1.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction, consistent with calculations of capacity above.

2.

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(d)

Concurrency monitoring system.

Generally. The following method of ensuring concurrency shall be known as the System For The Management of Concurrency (SYMCON). The SYMCON is based upon the City Comprehensive Plan, especially the Capital Improvements Element and adopted level of service standards. The system is designed to ensure that the issuance of a final development order will not result in a degradation of the adopted levels of service for specified public facilities and services. The SYMCON also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

Adopted Levels of Service Shall Not Be Degraded.

General Rule:

1.

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the City.

2.

An application for a development permit shall demonstrate that the proposed development does not degrade adopted levels of service if there exists no development order under which the permit is sought, and no development order is required prior to the issuance of the permit, e.g. a residence on a parcel of unplatted land.

3.

The latest point at which concurrency is determined is the final development order. If no development is required, the latest point to determine concurrency is the first development permit on a site.

Exception: Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met.

(1)

Responsibility. The Director of Planning and Zoning, or whomever is designated by the City Manager in the absence of the director of planning and zoning, through his duties and authority as Chairman of the Development Review Committee, shall be responsible for monitoring development activity to ensure the development is consistent with the City of Lauderhill Comprehensive Plan. A concurrency monitoring system is instituted to verify that public facilities and services will be available at adopted levels of service concurrent with the impacts of the development on those prescribed facility or service standards.

(2)

Development Review Committee. Applications shall be submitted for all development permits to the Community Development Department pursuant to Article II. Processing shall be in accordance with regularly scheduled meetings of the DRC, Beautification Committee, Planning and Zoning Board and City Commission. The Community Development Department shall act as the monitoring entity of the City's Comprehensive Plan.

(3)

Required information. At every stage of the development process (including but not limited to Development of Regional Impact applications for development approval, land use plan amendments, rezonings, plats, minor plat resurveys, site plans, final engineering, and buildings permits) the developer shall provide the required information about their project to the appropriate City Department for review and verification. All concurrency monitoring forms shall be forwarded to and collated by the Community Development Department for determination of Comprehensive Plan compliance. The Community Development Department shall provide to the developer a Comprehensive Plan Concurrency Monitoring System, including a matrix of required submittals based on the specific chronological stage of the development in process and the subject level of service standard, a glossary of concurrency related terminology, a standard concurrency monitoring form and other material as may be amended from time-to-time to verify and monitor concurrency.

(4)

Concurrency rights and effective period. Compliance will be calculated and capacity reserved at time of final action of an approved site plan or enforceable developers agreement for those concurrency matters within the authority of the City of Lauderhill. Applications for development approval shall be chronologically logged to determine rights to available capacity. The concurrency time limit for plats after December 1, 1989 will be five (5) years for water, sewer, roadways, drainage, and solid waste. Developers agreements as described in Chapter 163.3220 shall offer a valid concurrency period for five (5) years or as modified by the "Florida Local Government Development Agreement Act." Site plans must be submitted for approved plats within two (2) years of plat approval and the effective time limit for site plans will be six (6) months. An extension of six (6) months may be issued by the Director of Community Development, but only if applied for in writing prior to the appropriate expiration date. At each annual renewal of public performance bonds, the City shall make a determination if the bonds shall be drawn upon for construction. Recreation concurrency shall be in effect forever. Building and engineering permits will have a concurrency time limit of one hundred eighty (180) days with renewals of one hundred eighty (180) days as long as construction and inspection continues. All renewals must be applied for in writing prior to the appropriate expiration date.

(5)

Infrastructure construction. If infrastructure construction is necessary to meet adopted levels of service, the developer must complete construction and issue performance bonds to insure completion of work within the concurrency time limit or risk forfeiture of favorable concurrency status. If a developer in the area wishes to complete offsite infrastructure construction that may or may not be a part of other effective developers agreements, he may do so in accordance with a new developers agreement that may entail reimbursable clauses for offsite work and facility oversizing to meet area needs. The original developer will be contacted concerning the changes in work from the approved agreement. It shall first be determined by the City that modifying the original developers agreement is in the best interests of the City. In this case, the original developer must pay reasonable infrastructure costs to new developer under the terms of the original or modified developers agreement.

(6)

Development permit approval or disapproval. Development permits shall be processed as much as possible, based on adequacy determinations. If adequacy determinations of a project show unacceptable levels of service in any one of the necessary public facility or service standards, the project shall be tabled during final action of the development permit approval. If capacity conditions change at some time in the future, concurrency shall be rechecked to verify compliance with adopted levels of service. If compliance is found the development shall be rescheduled for final action.

(7)

Intergovernmental coordination. The Community Development Department shall coordinate concurrency activities within and outside the City. Representatives of the Committee shall act as liaisons depending on the specific level of service standard with the South Florida Regional Planning Council, Broward County and/or any other municipality or governmental entity to review technical issues of development approval.

(8)

Annual report.

Contents. By January 31 of each year, the City shall prepare an Annual Report on the SYMCON that includes:

1.

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

2.

A summary of building permit activity, indicating:

a.

Those that expired without commencing construction;

b.

Those that are active at the time of the report;

c.

The quantity of development represented by the outstanding building permits;

d.

Those that result from final development orders issued prior to the adoption of these regulations; and

e.

Those that result from final development orders issued pursuant to the requirements of these regulations.

3.

A summary of preliminary development orders issued, indicating:

a.

Those that expired without subsequent final development orders;

b.

Those that are valid at the time of the report; and

c.

The phases and quantity of development represented by the outstanding preliminary development orders.

4.

A summary of final development orders issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the reporting periods;

c.

Those that are valid at the time of the report but do have associated building permits or construction activity; and

d.

The phases and quantity of development represented by the outstanding final development orders.

5.

An evaluation of each facility and service indicating:

a.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

b.

The portion of the available capacity held for valid preliminary and final development orders;

c.

A comparison of the actual capacity to calculated capacity resulting from approved preliminary development orders and final development orders;

d.

A comparison of actual capacity and levels of service to adopted levels of service from the City Comprehensive Plan.

e.

A forecast of the capacity for each based upon the most recently updated schedule of capital improvements in the City Capital Improvement Element.

Use of the annual report. The SYMCON Annual Report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the twelve (12) months following completion of the annual report.

(Ord. No. 99O-8-142, § 1, 9-13-99; Ord. No. 01O-10-61, § 1, 11-26-01)

Editor's note— Formerly § 4.2.

7.3.1. Transportation and other services.

(a)

Adequacy of the Regional Road Network. The adequacy of the Regional Road Network shall be determined based upon conditions at the time the final development permit application is submitted in accordance with the following provisions:

(1)

Levels of service (LOS). New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for transportation systems as established in the Transportation Circulation Element of the City Comprehensive Plan:

(2)

Determination of project impact. The impact of proposed development activity on available design capacity shall be determined as follows:

a.

The area of impact of the development (a traffic shed) shall be determined. The limits of the effected traffic shed area shall be determined in accordance with Broward County Land Development Code Trafficways Plan criteria. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the City has designated sectors of the County for determining development impacts and planning capital improvements, such sectors or planning areas may be used. If the application is for a building permit for a single-family or duplex development, the impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot.

b.

The projected level of service for arterials and collectors within the traffic shed shall be calculated based upon estimated trips to be generated by the project, or where applicable, the first phase of the project, and taking into consideration the impact of other approved but not completed developments within the traffic shed. Information on committed development within the traffic shed shall be provided by the City.

c.

For the purpose of issuing development permits, the LOS for road segments operating at level of service D or better in the TRIPS model, as identified in the Broward County Administrative Code, is Level of Service D.

d.

For the purpose of issuing development permits, the LOS for road segments operating below Level of Service D in the TRIPS model, as identified in the Broward County Administrative Code, that are constrained facilities is "110% Maintain."

e.

For the purpose of issuing development permits, the LOS for road segments operating below level of service D in the TRIPS model, as identified in the Broward County Administrative Code, that are planned improvement facilities is "110% Maintain" and requires a finding that approval of the development would not prevent the planned improvement from achieving level of service D.

f.

For the purpose of issuing development permits, the LOS for all road segments included within a Special Transportation Area shall be consistent with the level of service established by the plan amendment designating the Special Transportation Area.

(2.5)

Measurement of capacities. The procedure for the initial measuring of highway capacities is the Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes made available to local government for use from January 1989 through December 1990. The measurement of capacity may also be determined by substantiation in the form of engineering studies or other data.

Traffic analysis techniques must be technically sound and justifiable as determined by the Broward County Office of Planning. Alterations to capacity on the State Highway Network shall require the opportunity for FDOT review.

(3)

Development subject to adequacy determination.

(a)

For plats or replats all development of previously vacant land except that specified in subsection (c) below, shall be subject to an adequacy determination.

(b)

For plats or replats, all development of previously improved lands shall be subject to an adequacy determination for the additional trips that equal the difference between the trips to be generated by the development specified in the proposed note on the plat and the trips generated by any existing development. Existing development shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the final plat application is submitted,or the application for a site plan or building permit approval is submitted.

(c)

For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequacy determination shall be required for those additional trips that equals the difference between the previous plat and the replat; or the previous note and the proposed amendment to the note; or the development approved by the Commission and the proposed note to be placed on the plat.

(4)

Required determinations.

(a)

Concurrency for compact deferral areas. Before a development permit is approved, the following findings shall be made:

(1)

A determination shall be required that the proposed development is not within the compact deferral area for a road segment operating below the adopted level of service, or that Subsection (3) below is met. Traffic studies submitted by an applicant shall be considered in reaching this determination.

(2)

A determination shall be required that the proposed development would not create a compact deferral area including the development, or that Subsection (3) below is met.

(3)

If the proposed development is within a compact deferral area, or will be within a compact deferral area. The development could be approved, if one (1) of the following conditions applies.

a.

The proposed development does not place any trips on the overcapacity link.

b.

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

c.

The necessary improvements to provide a level of service D are under construction at the time the permit is issued; or

d.

The necessary improvements to provide level of service D are the subject of a executed contract with a road contractor for the immediate construction of the facilities; or

e.

The necessary improvements for LOS D have been included in Broward County's or a municipal capital improvement program at the time a development permit is issued and although the facilities are not yet the subject of a binding contract for construction, the Board makes a good faith determination that a binding contract for construction of the improvement will be executed within one (1) year; or

f.

The necessary improvements for the applicable LOS are provided for in an enforceable development agreement and will be available prior to Certificates of Occupancy being issued to those facilities. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Florida Statutes, provided that road improvements required by an agreement shall not be considered for concurrence for property outside the boundaries of the property subject to a development agreement unless provisions c., d., or e., are met.

g.

The development is authorized by an approved DRI development order.

h.

The proposed development is found to have vested rights with regard to any affected road segments.

i.

The proposed development is one single family or a duplex dwelling on a lot, or parcel of record prior to March 1, 1989 and the lot or parcel is in an infill area.

j.

This determination may not be satisfied by the transfer of committed trips from a previously approved plat or DRI to another parcel of land not included within the previous plat or DRI.

k.

The proposed development, included with all other developments, which impact the roadway, will not exceed ten (10) percent of the existing roadway volume count.

l.

The proposed development will be an economic benefit and as a condition of approval, innovative traffic design, which will increase the capacities of the roadway or reduce the impact to the roadway.

m.

The proposed development will be built concurrently with capacity increases to the roadways, or traffic design improvements which reduce impact.

(b)

Adequacy of the entire regional road network. In addition to satisfying the concurrency determinations of Section (4)(a), the proposed development shall be required to address the adequacy of the remainder of the regional road network. If any road segment of the regional transportation network impacted by the proposed development lacks capacity to accommodate the additional traffic generated by the proposed development at level of service "D," it shall be determined whether such capacity will be available if all of the transportation improvements contained in the Broward County Year 2010 Plan are completed. If it is determined that such capacity will be available, then the specific improvements necessary to enable the network to reach such capacity shall be identified (hereinafter referred to as "necessary improvements") and the application shall be granted with an express condition regarding the adequacy of the regional transportation network. At the sole discretion of the City Commission, such condition shall require one of the following:

1.

That the applicant shall construct the necessary improvements proportional to the share of the additional capacity that is needed to accommodate traffic generated by the applicant's development.

2.

That the applicant deposit money in a "road fund" equal to the share of the cost of the improvements that would otherwise be required in subsection (1) above.

A "road fund" shall be a nonlapsing trust fund established and maintained by the City and shall be subject to the regulations as determined by the Director of Community Development and approved by resolution by the City Commission in accordance with the provisions of this Article. The developer shall be required within ninety (90) days of the approval of the development permit to enter an agreement and provide security for the developer's share of the cost of the road improvement. Such an agreement shall require the developer to pay, within sixty (60) days of written notice by the City, any portion of the fee that is attributable to a road improvement that is advertised for construction bids, is subject to a construction contract, or is under construction. Any money paid to the City under this section shall be reimbursed to the developer if the development permit expires without recordation of the plat, or if the development permit is for a site plan approval if the site plan approval expires without building permits issued. The road fund shall be expended prior to or contemporaneously with the expenditure of any other public funds necessary for the construction of the necessary improvements for which the road fund was created. The road funds shall be expended in a manner that provides a substantial benefit to the development for which the funds were paid. The City shall owe no interest on any fund held for the "road fund."

3.

Action plans.

(a)

Generally. An Action Plan is a program of transportation improvements designed at a minimum to accommodate the net traffic impact of development to the extent that the regional road network lacks the available capacity to provide for the net traffic impact of development. The Action Plan shall provide substantiation in the form of engineering studies or other data acceptable to the County to demonstrate to the satisfaction of the County the anticipated effect of the proposed program of improvements and/or innovations; shall provide for a source of funding for the improvements and/or innovations; and shall provide for monitoring of the program to ensure implementation of the program or improvements as necessary at or before the time the impacts of development occur.

(b)

Reserved.

(c)

Adequacy of potable water service. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the Potable Water Sub-Element of the City Comprehensive Plan:

The adequacy of potable water service shall be determined as follows: Potable water service must be available prior to occupancy to provide for the needs of the proposed development. Potable water service includes publicly and privately owned water treatment wells on individual parcels which will provide for the needs of the proposed development. The proposed development shall be designed to provide adequate areas and easements which may be necessary to the installation and maintenance of a potable water distribution system which will meet all applicable building, health, and environmental regulations, including Chapter 17-22, Florida Administrative Code, as may be amended or changed.

A finding that potable water service is available must be based upon a demonstration that an existing water treatment facility has sufficient capacity to provide for the potable water needs of the application. If potable water service is not available, but will be made available, the development order shall be conditioned on such availability. A finding that potable water service will be made available must be based upon a demonstration that there is an economically and fiscally feasible plan to construct or expand a water treatment facility which will have sufficient capacity to provide for the potable water needs of the proposed development and for other developments in the service area, which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved.

This determination of adequacy shall be based upon a level of service standard set at one hundred thirty-five (135) gallons per day per capita.

(d)

Drainage system. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for the drainage system as established in the Drainage Sub-Element of the City Comprehensive Plan:

(e)

Recreation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the Recreation and Open Space Element of the City Comprehensive Plan. All commercially zoned properties identified in the City Comprehensive Plan that are developed for a residential use shall be required to pay the Recreation Impact Fee delineated herein and its pro rata share for any increase in the level of existing services. This shall be calculated by dividing the total number of proposed residents by level of service standard and multiply times the cost of facility or activity.

Local Recreation

(1)

A plat suitable for residential development shall be designed to provide for the park, open space and recreational needs of the future residents of the platted area, and the developer shall be required to comply with the provisions of Subsection (3) prior to the approval of the proposed plat.

(2)

The developer of any other residential property shall be required to comply with the provisions of Subsection (c) prior to the issuance of a building permit for construction of each residential dwelling unit.

(3)

In order to provide lands or funds or both to be used by the City of Lauderhill in order to provide additional community and neighborhood parks necessary to meet the need for such parks created by additional development, a developer must either:

(a)

Dedicate land of suitable size, dimension, topography and general character to serve as neighborhood or community parks or a substantial portion thereof, which will meet park needs created by the development. The total amount of land to be dedicated must equal a ratio of at least three (3) acres of land for every one thousand (1,000) residents of the development; or

(b)

Agree to deposit in a nonlapsing trust fund, established and maintained by the City of Lauderhill, an amount of money as set forth in the Schedule below for each dwelling unit to be constructed within the platted area. Such amounts shall be deposited prior to the issuance of a building permit for the construction of each dwelling unit. From the effective date of this section, the amount of money to be deposited for each dwelling unit to be constructed shall be as follows and for each fiscal year thereafter shall be increased by six (6) percent, compounded on an annual basis:

1.

One hundred thirteen dollars and ninety-two cents ($113.92) for each dwelling unit with up to one (1) bedroom.

2.

One hundred sixty-one dollars and thirty-five cents ($161.35) for each dwelling unit with two (2) bedrooms.

3.

Two hundred twenty-three dollars and eighty-six cents ($223.86) for each dwelling unit with three (3) or more bedrooms.

(c)

Monies deposited by a developer pursuant to this Subsection shall be expended by the City and at the sole discretion of the City for the sole purpose of acquiring and developing land necessary to meet the need for local level parks created by the development, in order to provide a system of local level parks which will be available to and substantially benefit the residents of the developed area. No interest shall be payable to the developer by the City.

(f)

Wastewater treatment and disposal services. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for wastewater treatment as established in the Sanitary Sewer Sub-Element of the City Comprehensive Plan:

Per capita:

Sanitary sewer—One hundred twenty-one (121) gallons per day per capita.

(g)

Solid waste disposal sites or facilities.

Adequacy of Solid Waste. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for solid waste as established in the Solid Waste Sub-Element of the City Comprehensive Plan.

This determination of adequacy shall be based upon a level of service standard set at seven and eight-tenths (7.8) pounds per day per capita.

(1)

Solid waste disposal sites or facilities shall be available prior to occupancy to provide for the needs of the proposed development.

(2)

A finding that solid waste disposal sites or facilities are available must be based upon a demonstration that existing solid waste disposal sites or facilities have sufficient capacity to provide for the solid waste disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved.

If existing capacity is unavailable, conditional approval may be granted if it is shown that there is an economically and fiscally feasible plan to expand the solid waste disposal site so that sufficient capacity will be available for the solid waste disposal of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved.

(h)

Adequacy of fire protection service. Fire protection service will be adequate to protect people and property in the proposed development. A finding that adequate fire protection service is available shall be based upon a determination that all proposed development meets the fire flow requirements of Section 3.08 of Schedule L of the Land Development Regulations.

(1)

[Reserved.]

(2)

Fire hydrants. Fire hydrants shall be installed according to the fire hydrant requirements of Section 3.08 of Schedule L of the Land Development Regulations with distances measured along street rights-of-way or private access roads. No distance shall be measured across arterial streets or highways.

(Ord. No. 98O-11-175, § 1, 11-23-98; Ord. No. 01O-10-61, § 1, 11-26-01)

Editor's note— Formerly § 4.3.

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(m) 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 government demonstrating satisfaction of these requirements.

(Ord. No. 11O-08-151, § 1, 9-14-2011)

8.0. DEVELOPMENT AGREEMENTS ^[8]

The purposes of this Part are to authorize the City Commission to enter into, amend, or revoke development agreements and to establish procedures, standards and requirements for development agreements between the City Commission and a developer consistent with the requirements of Sections 163.3220—163.3243, Florida Statutes. The intent of this Part is to encourage a stronger commitment to comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient uses of resources, and to reduce the economic cost of development.

(Ord. No. 01O-04-29, § 2, 4-30-01)

Editor's note— Formerly Art. II, § 3.1.

As used in Article IV, Administrative Provisions, Part 8.0., Development Agreements, the following terms shall be defined as set forth below:

8.2.1.

Brownfield designation: A resolution adopted by the City Commission pursuant to the Brownfield Redevelopment Act, Sections 376.77—376.85, Florida Statutes.

8.2.2.

Developer: Any person, including a governmental agency, undertaking any development as defined in Subsection 163.3121(4), Florida Statutes.

8.2.3.

Major capital improvements: A capital improvement exceeding one hundred thousand dollars ($100,000.00).

8.2.4.

Periodic review: The annual review conducted by the City Commission to determine if there has been a demonstrated good faith compliance with the terms of the development agreement.

8.2.5.

Public facilities: Major capital improvements, including, but not limited to, aquifer recharge and conservation, educational, governmental, health and human services, parks and recreation, potable water, public safety, sanitary sewer, solid waste, stormwater management, and transportation systems and facilities.

8.2.6.

State planning agency: The Florida Department of Community Affairs.

(Ord. No. 01O-04-29, § 3, 4-30-01)

Editor's note— Formerly Art. II, § 3.2.

8.3.1.

The Code of Ordinances and Land Development Regulations governing the development of the land at the time of execution of the development agreement shall govern the development of land for the duration of the development agreement.

8.3.2.

The City Commission may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the City Commission has held a public hearing and determined:

A.

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

B.

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

C.

They are specifically anticipated and provided for the development agreement;

D.

The City Commission demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement;

E.

The development agreement is based on substantially inaccurate information supplied by the developer.

8.3.3.

If state of federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws.

8.3.4.

This Section does not abrogate any rights that may vest pursuant to common law.

(Ord. No. 01O-04-29, § 4, 4-30-01)

Editor's note— Formerly Art. II, § 3.3.

Any developer requesting the City Commission enter into, amend or revoke a development agreement shall file an application and fee with the Planning and Zoning Department. The Department may establish an application form for a development agreement consistent with the intent of this Part.

8.4.1.

The application form shall address, at a minimum, the following requirements:

A.

A legal description of the land subject to the agreement;

B.

A current survey in conformance with legal requirements and showing the boundaries and dimension of the land, all easements, improvements, natural areas, and the size of the land in gross and net acres;

C.

The names of the land's legal and equitable owners, any contract purchasers, and developers;

D.

The development proposed for the land, including proposed land uses, population and housing densities, building intensities, building height, architectural style, the gross and net acres of pervious and landscaped spaces;

E.

The Future Land Use Map designation of the land, its Future Broward County Land Use Plan Map Series designation, and its zoning district;

F.

A description of any reservation or dedication of land for public purposes;

G.

A description of public facilities that will service the development, including the entity providing such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are concurrent with development;

H.

A description of all development permits approved or needed to be approved for the development of the land;

I.

The duration of the agreement, which may not exceed ten (10) years;

J.

A description and analysis of the number of jobs that will be created, including temporary construction and permanent jobs, and a breakdown of the number of jobs by salary range in ten thousand dollars ($10,000.00) increments;

K.

A comparison of the real property taxes that will be generated from the proposed development as opposed to existing conditions for each year over the duration of the term of the agreement;

L.

A financial comparison of any incentives requested from the City versus financial benefits provided to the City;

M.

An affidavit acknowledging that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing such permitting requirements, conditions, term, or restriction;

N.

An affidavit stating whether any legal or beneficial owner, contract purchaser, or developer has been convicted on a felony and, if so, the nature of the felony; and

O.

Any other data and analysis the Chief Planning and Zoning Official determines is needed to review and make a recommendation on the development agreement.

8.4.2.

In addition to the above, any amendment application shall describe the proposed change to the development agreement and the effect or impact of such amendment.

8.4.3.

The City Commission shall establish an application fee by separate ordinance. The Chief Planning and Zoning Official may waive the application fee.

(Ord. No. 01O-04-29, § 5, 4-30-01)

Editor's note— Formerly Art. II, § 3.4.

The duration of a development agreement shall not exceed ten (10) years. The development agreement may be extended by mutual consent of the City Commission and the developer subject to the public hearing and public notice requirements of Article IV., Part 8.0., Sections 8.7. and 8.8.

(Ord. No. 01O-04-29, § 6, 4-30-01)

Editor's note— Formerly Art. II, § 3.5.

The Planning and Zoning Department shall have the duties and responsibilities for coordinating the review of the development agreement application by the appropriate City Departments and any other appropriate entities. Upon receipt of a complete application, the Department shall have forty-five (45) days to collect the written comments from the Departments and other reviewing entity and to forward same to the City Attorney. The City Attorney shall have fifteen (15) days to prepare a development agreement, which agreement shall be placed on the next Planning and Zoning Board meeting.

(Ord. No. 01O-04-29, § 7, 4-30-01)

Editor's note— Formerly Art. II, § 3.6.

Before entering into, amending, or revoking a development agreement, at least three (3) public hearings must be held.

8.7.1.

The first public hearing shall be held by the local planning agency, who shall make a recommendation to the City Commission on whether to approve the development agreement, approve the development agreement with conditions, or deny the execution of the development agreement. At the public hearing, the local planning agency shall announce the day, time, and place at which the second and third public hearings on the development agreement shall be heard by the City Commission.

8.7.2.

The second and third public hearings shall be held by the City Commission.

(Ord. No. 01O-04-29, § 8, 4-30-01)

Editor's note— Formerly Art. II, § 3.7.

Before holding any of the three (3) public hearings required for entering into, amending, or revoking a development agreement, the public notice requirements set forth below must be satisfied.

8.8.1.

The notice of intent to consider a development agreement shall be advertised approximately ten (10) days before each public hearing in a newspaper of general circulation and readership in Broward County.

8.8.2.

The public notice requirements described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 are applicable.

(Ord. No. 01O-04-29, § 9, 4-30-01; Ord. No. 09O-07-130, § 9, 8-31-09; Ord. No. 15O-03-106, § 8, 4-13-2015)

Editor's note— Formerly Art. II, § 3.8. Additionally, Ord. No. 09O-07-130, § 9, adopted Aug. 31, 2009, repealed subsection 8.8.3, which pertained to posting notice of public hearing.

In determining whether to enter into, amend or revoke a development agreement, the Planning and Zoning Board and the City Commission shall make a factual finding that the development agreement includes the requirements of Subsection 8.4.1. and shall consider the following standards:

8.9.1.

The character of the property owner, contract purchaser and developer.

8.9.2.

The duration of the term of the agreement.

8.9.3.

The consistency of the proposed development with its zoning district and with the adopted City Future Land Use Map and the Future Broward County Land Use Plan Map Series designations.

8.9.4.

The land use and public facility impacts of the proposed development.

8.9.5.

The economic and financial impacts.

8.9.6.

Any periodic review report on whether there is a good faith compliance with the terms of the development agreement.

8.9.7.

Any conditions, terms, restrictions, or other requirements needed to protect the health, safety, or welfare of the City of Lauderhill citizens.

(Ord. No. 01O-04-29, § 10, 4-30-01)

Editor's note— Formerly Art. II, § 3.9.

Within fourteen (14) days after the City Commission adopts this development agreement, the City Attorney shall record the agreement with the Clerk of the Circuit Court. The City Attorney shall provide a copy of the recorded development agreement to the state planning agency within fourteen (14) days after the agreement is recorded.

(Ord. No. 01O-04-29, § 11, 4-30-01)

Editor's note— Formerly Art. II, § 3.10.

A development agreement shall not be effective until it is properly recorded in the public records of the county and until thirty (30) days after having been received by the state planning agency. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. No. 01O-04-29, § 12, 4-30-01)

Editor's note— Formerly Art. II, § 3.11.

The City Commission shall review land subject to a development agreement at least once every twelve (12) months to determine if there has been a demonstrated good faith compliance with the terms of the development agreement. This City Attorney shall prepare a written report, which report shall be submitted to the parties to the agreement and the state land planning agency. The report shall be limited to the information sufficient to determine the extent to which the parties are proceeding in good faith to comply with the terms of the development agreement.

(Ord. No. 01O-04-29, § 13, 4-30-01)

Editor's note— Formerly Art. II, § 3.12.

Any party, any aggrieved or affected person as defined in Section 163.3215(2), Florida Statutes, or the State Land Planning Agency may file an action for injunctive relief in the Circuit Court to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of Sections 163.3220—163.3243, Florida Statutes.

(Ord. No. 01O-04-29, § 14, 4-30-01)

Editor's note— Formerly Art. II, § 3.13.

A development agreement may be amended or canceled by the mutual consent of the parties to the agreement or by their successors in interest. The City Commission may, on a finding on the basis of substantial competent evidence, conclude that there has been a failure to comply with the terms of the development agreement, revoke or amend the agreement.

(Ord. No. 01O-04-29, § 15, 4-30-01)

Editor's note— Formerly Art. II, § 3.14.

Development agreement applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filling, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 8, 9-27-2010)

PART 9.0. BROWNFIELD REDEVELOPMENT ^[9]

The purposes of this part are to authorize the City Commission to designate and remove from designation, on the brownfield map, brownfield areas and to authorize the Planning and Zoning Board to serve as the Advisory Committee on brownfield site rehabilitation agreements consistent with the requirements of Florida Statutes, Sections 376.77 through 376.85. The intent of this part is to allow the utilization of financial and regulatory incentives and technical assistance provided for the redevelopment of brownfield areas by the United States, the State of Florida, and Broward County.

(Ord. No. 02O-02-109, § 1, 2-25-02)

As used in Article IV, Development Review Requirements, Part 9.0., Brownfield Redevelopment, the following terms shall be defined as set forth below:

Advisory Committee. The Planning and Zoning Board shall serve as the Advisory Committee for the purpose of receiving public comments and making recommendations on site rehabilitation agreements to the City Commission.

Brownfield Area. A contiguous area of one (1) or more brownfield sites, some of which may not be contaminated, and which has been designated on the Brownfield Map by the City Commission through adoption of a resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency-designated brownfield pilot projects.

Brownfield Coordinator. The City Planner shall serve as the Brownfield Coordinator.

Brownfield Map. The official map, its explanatory notes, and any amendments thereto showing the boundaries of brownfield areas and certified as provided for in Section 9.20 of this Part.

Brownfield Site. Industrial and commercial properties that are abandoned, idled or underused and where expansion or redevelopment is complicated by actual or perceived environmental contamination.

Contaminated Site. Any contiguous land, surface water, or groundwater areas that contain contaminants that may be harmful to human health or the environment.

Department. The City Planning and Zoning Department.

Environmental Justice. The fair treatment of all people of all races, cultures, and incomes with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Local Pollution Control Program. The Broward County Department of Planning and Environmental Protection pursuant to Florida Statutes, Sections 376.80(11) and 403.182.

Person responsible for brownfield site rehabilitation. The person designated by the City Commission to enter into a brownfield site rehabilitation agreement to redevelop land shown on the Brownfield Map with the local pollution control program.

Person. Any individual, partner, joint venture, or corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity.

Site Rehabilitation. The assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the clean up target levels established for that site.

Site Rehabilitation agreement. An agreement for site rehabilitation executed between the local pollution control program and the person responsible for brownfield site rehabilitation.

(Ord. No. 02O-02-109, § 1, 2-25-02)

Any person may file an application for designation of land on the Brownfield Map and a property owner may file an application for a site rehabilitation agreement with the Department.

9.3.1.

Brownfield area application. The Department may establish an application form for the designation of an area on the brownfield map consistent with the intent of this part. The application form should address, at a minimum, the following requirements:

A.

A written description and map of the land subject to the brownfield area designation;

B.

The size of the brownfield area in acres;

C.

The identification of all lands known to be contaminated within the brownfield area and the type of contamination;

D.

The names of the land's legal owners;

E.

The criteria listed in Subsection 9.5.1.; and

F.

Any other information the Brownfield Coordinator deems is necessary to make a recommendation on the application.

9.3.2.

Site rehabilitation agreement application. The Department may establish an application form for the execution of a site rehabilitation agreement. The application form should address, at a minimum, the following factors:

A.

A legal description and survey of the land subject to the brownfield site rehabilitation agreement;

B.

A copy of any site assessment report describing the extent of contamination;

C.

A description of the proposed remediation activities to reduce the levels of contaminants and to meet the clean up target levels established for the site, including available treatment methods, justification for the proposed treatment method, and the estimated cost of the clean up activities;

D.

The name of the person and the name of an alternate person to be designated by the City Commission as the person responsible for brownfield site rehabilitation, and information on their character;

E.

The redevelopment plan, including the land uses, their intensities, a conceptual site plan and estimated costs to implement the redevelopment plan;

F.

Redevelopment incentives being requested from the City, including expedited state permitting, waiver of water and sewer connection fees, and waiver of impact fees;

G.

A financial plan, describing the financial resources to implement and complete the site rehabilitation and to implement the redevelopment plan;

H.

The number of full-time and part-time temporary and permanent jobs created and any other local employment opportunities;

I.

The impact on community safety;

J.

Consistency with environmental justice;

K.

A copy of the proposed site rehabilitation agreement to be executed with the local pollution control program; and

L.

Any other documentation the Brownfield Coordinator deems is need to make a recommendation on the agreement.

9.3.3.

Application fee. An application fee shall not be required for a brownfield area designation or a brownfield site rehabilitation agreement application.

(Ord. No. 02O-02-109, § 1, 2-25-02)

9.4.1.

The Brownfield Coordinator shall have the duties and responsibilities for coordinating the review of applications either to designate brownfield areas on the brownfield map or to execute a site rehabilitation agreement with the local pollution control program. The review entities may include City Departments, the City Attorney, the Broward County Brownfields Redevelopment Task Force, and any other appropriate entities.

9.4.2. Brownfield area designation applications and site rehabilitation agreement applications shall be reviewed in a manner generally consistent with the procedural and substantive standards and requirements of Article IV, Part 1.0.

(Ord. No. 02O-02-109, § 1, 2-25-02)

9.5.1.

The City Commission shall consider the following criteria when making a determination on the designation of a City-initiated brownfield area application:

A.

Whether the brownfield area warrants economic development and has reasonable potential for such activities;

B.

Whether the proposed brownfield area is not overly large in geographic coverage;

C.

Whether the area has potential to interest the private sector in participating in rehabilitation;

D.

Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historic preservation purposes; and

E.

Whether public hearing and notice requirements have been satisfied.

9.5.2.

The City Commission shall designate a brownfield area provided the land owner demonstrates the following:

A.

Site rehabilitation and redevelopment will result in the increased economic productivity at the site, including the creation of at least ten (10) new full or part-time jobs;

B.

Redevelopment is consistent with the City's Comprehensive Plan and allowed under the Land Development Regulations;

C.

Reasonable assurance of sufficient financial resources to implement and complete the brownfield site rehabilitation agreement and redevelopment plan;

D.

Notice is provided to neighbors and nearby residents of a public hearing to solicit comments and suggestions regarding rehabilitation; and

E.

An agreement to rehabilitate and redevelopment the brownfield site.

(Ord. No. 02O-02-109, § 1, 2-25-02)

The City Commission shall remove land from the Brownfield Map upon written application of the property owner to the Department.

(Ord. No. 02O-02-109, § 1, 2-25-02)

The City Commission shall hold a duly noticed public hearing to consider the designation of a brownfield area on the Brownfield Map. The Advisory Committee and the City Commission shall each hold a duly noticed public hearing to consider a site rehabilitation agreement.

(Ord. No. 02O-02-109, § 1, 2-25-02)

9.8.1.

City initiated brownfield area designations. At least ten (10) days before the public hearing, the Department shall confirm compliance with the public notice requirements set forth below.

A.

Publication. Notice of the public hearing shall be placed in a newspaper of general circulation in the area and in ethnic newspapers or local community bulletins.

B.

Mailed Notice. Notice shall be mailed to all property owners and homeowners, business, civic, condominium or similar organizations within five hundred (500) feet of the proposed brownfield area boundary. In the case of condominium associations, each condominium owner is not required to be provided with individual notice, notice provided to the chief elected officer of the condominium association shall be considered sufficient.

C.

Posted Notice. Notice of the public hearing shall be posted within the area proposed for designation on the Brownfield Map.

9.8.2.

Owner-initiated brownfield area designation and site rehabilitation agreement. At least ten (10) days before the public hearing, the Department shall confirm compliance with the public notice requirements set forth below.

A.

Publication. Notice of the public hearing shall be placed in a newspaper of general circulation in the area and in ethnic newspapers or local community bulletins and the notice shall be at least sixteen (16) square inches in size.

B.

Mailed Notice. Mailed notice shall be as provided for in paragraph 9.8.1.B.

C.

Posted Notice. The property posted notice described in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Subsection 1.9.3 are applicable.

9.8.3.

Other notice. The City Hall posted and constructive notice provisions in Article IV., Development Review Requirements, Part 1.0., General application filing, review and final determination, Section 1.9 shall apply.

(Ord. No. 02O-02-109, § 1, 2-25-02; Ord. No. 09O-07-130, § 10, 8-31-09; Ord. No. 15O-03-106, § 9, 4-13-2015)

Within fourteen (14) days after the City Commission designates a brownfield area, the Brownfield Coordinator shall notify the Broward County Brownfields Redevelopment Task Force, the local pollution control program, the South Florida Regional Planning Council, the South Florida Water Management District and the Florida Department of Environmental Protection of such designation. The notification shall include the resolution designating the brownfield area, a map clearly delineating the boundaries of the brownfield area, and, if applicable, the person responsible for brownfield site rehabilitation.

(Ord. No. 02O-02-109, § 1, 2-25-02)

9.10.1.

Brownfield Map. The City Commission is authorized to adopt a Brownfield Map, together with any explanatory notes, which map shall identify all designated brownfield areas. When adopted, such brownfield map shall be hereby incorporated by reference and declared to be a part of this Article. The "official" Brownfield Map shall be identified by the signatures of the Mayor and the Brownfield Coordinator, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Brownfield Map referred to in Article IV., Part 9.0., Subsection 9.10.1. of the City's Land Development Regulations."

9.10.2.

Amendments. When amendments are made to the Brownfield Map, such amendments shall be entered on the Map promptly after the resolution has been approved by the City Commission, with an entry on the Map as follows: "On [DATE], by official action of the City Commission, the following changes were made to the Brownfield Map [brief description of the nature of the change and resolution number]." The entry shall be signed by the Mayor and Brownfield Coordinator and attested by the City Clerk.

9.10.3.

Final authority. Regardless of the existence of purported copies of the Brownfield Map which may from time to time be made or published, the "official" Brownfield Map shall be maintained by the City Clerk, and shall be the final authority as to the designation of brownfield sites and areas within the City. The Department shall maintain copies of the Brownfield Map.

(Ord. No. 02O-02-109, § 1, 2-25-02)

The Advisory Committee shall review, receive public comments at a duly noticed public hearing, and make recommendations to the City Commission on brownfield site rehabilitation agreements. The Advisory Committee shall consider the following factors when making a recommendation to the City Commission on a site rehabilitation agreement:

9.11.1.

The person responsible for brownfield site rehabilitation;

9.11.2.

Whether accepted treatment methods are used to reduce the level of contaminants to the targeted levels;

9.11.3.

Whether reasonable assurance exists of sufficient financial resources to implement and complete the brownfield site rehabilitation agreement and redevelopment plan;

9.11.4.

Whether the redevelopment plan is consistent with the Comprehensive Plan's future land use element and the Land Development Regulations;

9.11.5.

The local employment opportunities created by the redevelopment plan; the impact on community safety; and

9.11.6.

The impact on community safety; and

9.11.7.

Environmental justice.

(Ord. No. 02O-02-109, § 1, 2-25-02)

A brownfield area designation shall become effective immediately upon adoption of a resolution by the City Commission granting such designation.

(Ord. No. 02O-02-109, § 1, 2-25-02)

Brownfield redevelopment applications require major review and shall be processed and a final determination rendered within the time frames specified and consistent with LDR Article IV., Development Review Requirements, Part 1.0., General Application Filing, Review, and Final Determination, Section 1.3. Appeals shall be as provided for in Section 1.7.

(Ord. No. 10O-09-162, § 9, 9-27-2010)

10.0. APPEALS ^[10]

A.

Purpose and applicability. The following zoning relief procedures are established In order to address possible alleged violations of federal and state laws, subsequent to implementation of this Code or its related rules, policies, and procedures in advance of costly litigation, zoning relief may be granted pursuant to this section.

B.

Application. A person or entity shall request relief under this section prior to filing a lawsuit, by completing and submitting a zoning relief request form, which is available from the Planning and Redevelopment Department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested. An application fee shall not be charged for filing a zoning relief request form.

C.

Notice. Notice of the request for zoning relief shall be provided on the City's public notice bulletin board.

D.

Application and hearing.

1.

The City Manager shall have the authority to consider and act on requests for zoning relief submitted to the Planning and Redevelopment Department.

2.

Within thirty (30) days of receipt by the City of a complete request for relief, unless the requesting party agrees in writing to an extension of the hearing date, a public hearing shall be held by the City Manager, which must provide due process to the requesting party and allow public comment pursuant to Section 2-163(d), Article IV, Chapter 2 "Administration" of the Code of Ordinances.

3.

A final written determination shall be issued no later than 30 days after the conclusion of the public hearing.

4.

The final written determination may:

a.

Grant the relief requested; or

b.

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request; or

c.

Deny the request.

5.

Any determination shall be final, in writing, and shall state the reasons for the decision.

6.

The final written determination shall be sent to the requesting party by certified mail, return receipt requested.

E.

Additional information. If necessary, prior to the public hearing, the City may seek additional information from the requesting party, specifying in sufficient detail what information is required. in the event additional information is sought from the requesting party by the City, the hearing shall be conducted within thirty (30) days after the requesting party's provision of the additional information required. The requesting party shall have fifteen (15) days after the date the information is sought to provide the additional information. if the requesting party falls to timely respond with the requested additional information, the City shall notify the requesting party and proceed with scheduling a public hearing; however, the requesting party and the City may extend the time period for conducting the hearing by mutual agreement. The City Manager will issue his or her final written determination regarding the relief requested as required in subsection (d), based on the information in the City's possession at the time of the public hearing.

F.

Criteria. In determining whether the zoning relief request shall be granted or denied, the requesting party shall establish:

1.

The requesting party is a potential claimant under a federal or state law, including applicable legal precedent; and

2.

The requesting party believes in good faith that the City through implementation of its Code has violated federal or state law for the reasons stated in the zoning relief request; and

3.

The requesting party satisfies the standard set forth In the applicable federal or state statute(s), or legal precedent interpreting the applicable statute(s) or Constitution.

G.

Exhaustion required. Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the City or the requesting party. Completion of the zoning relief procedures shall constitute the exhaustion of all administrative remedies available from the City.

H.

Effect while pending. While a request for zoning relief is pending before the City, the City will not enforce the City's Code, rules, policies, and procedures which are the subject of the request against the property owner, except the City may seek relief through the code enforcement procedures of Chapter 7½, "Code Enforcement" of the Code of Ordinances, or through injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

I.

Additional provisions for zoning relief.

1.

The City shall display a notice in its public notice bulletin board and on its website advising the public of this zoning relief procedure and that a form for requesting zoning relief may be obtained from the Department.

2.

A person or entity may request zoning relief on his or her own behalf, or may be represented at all stages by a representative designated by the requesting party.

3.

The City shall provide such assistance and accommodation as is required pursuant to federal and state law, in connection with a disabled person's request for zoning relief, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure that the process is accessible.

(Ord. No. 15O-08-129, § 8, 9-11-2015)