(A)

The purpose of this article is to implement development review requirements of the City's Comprehensive Plan and the Broward County Land Use Plan; discourage haphazard land development; ensure that urban delivery services are not unduly overburdened by premature development; coordinate departmental review; and protect the health, safety and general welfare of the residents of the City.

(B)

The provisions of this article shall apply to all applications for development permits within the City, and no development permit shall be issued except in compliance with this article.

(C)

Representations in granting of permits. Any representation made before any city board, any administrative board, or the city commission in the application for a variance, special exception, conditional use or request for any other permit shall be deemed a condition of the granting of the permit. Should any representation be false or should said representation not be continued as represented, same shall be deemed a violation of the permit and a violation of this section.

(D)

Burden of proof. Unless otherwise specifically provided for in this Code, the applicant or appellee for any conditional use permit, variance, special exception, appeal, waiver, land use plan amendment or other determination shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the City Commission in any quasi-judicial matter before the City Commission or any Board or Committee of the City.

(E)

Margate Community Redevelopment Plan. Within the Margate Community Redevelopment Agency special district, in consideration of any rezoning, variance, waiver, special exception, conditional use, land use plan amendment or other determination affecting zoning, the goals and objectives of the Margate Community Redevelopment Plan shall also be met.

(A)

Procedure:

1.

Determinations required prior to approval of a development permit. A determination that adequate services will be available to serve the needs of the proposed development shall be made when the following conditions are met:

a.

Director of Development Services Department. The Director of the Development Services Department determines: That the proposed development is consistent with the Margate Comprehensive Plan.

i.

That the proposed development is in conformity with the Unified Land Development Code. In the case of site plans, the proposed development is in conformity with the provisions related to landscaping within Chapter 40 of this Code.

b.

Director of Environmental and Engineering Services. The Director of the Department of Environmental and Engineering Services determines:

i.

That potable water service is available to serve the needs of the proposed development. A determination that potable water service is available shall be based upon one (1) of the following criteria:

a.

The water treatment plant has sufficient capacity to provide the potable water needs of the proposed development, 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; or

b.

The water treatment plant lacks sufficient capacity to provide the potable water needs specified in subsection (1.a. above), but such capacity can feasibly and will be made available. A finding may also be made with an express condition as to potable water service when it is determined that potable water service is not available but will be made available. A finding that potable water service will be made available shall 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 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 potable water treatment capacity has been reserved. The determination that potable water service is available shall not be construed as a reservation of capacity for the development submitted unless a developer's agreement is executed with the City specifically reserving water capacity.

c.

That the proposed development includes installation of a water main system which shall be connected to a public water supply provided that the water distribution system can serve all parcels of the subdivision. Hydraulic model analysis is required at the discretion of the DEES director.

d.

The City Commission may require the installation of water mains and appurtenances which are in excess of the subdivision design needs and mutually establish an equitable reimbursement program with the developer.

ii.

That wastewater treatment and disposal service is available to serve the needs of the proposed development. A determination that wastewater treatment and disposal service is available shall be based upon one (1) of the two (2) following criteria:

a.

The wastewater treatment plant has sufficient capacity to provide for the wastewater treatment and disposal needs of the proposed development, other developments in the service area which are occupied, available for occupancy, for which building permits are in effect, or for which wastewater treatment and disposal capacity has been reserved; or

b.

The wastewater treatment plant lacks sufficient capacity to provide the wastewater treatment and disposal needs specified in subsection 1.b. above, but such capacity can feasibly and will be made available. A finding may also be made with an express condition as to wastewater treatment and disposal services when it is determined that wastewater treatment and disposal services are not available but will be made available. A finding that wastewater and disposal services will be made available shall be based upon a demonstration that there is an economically and fiscally feasible plan to construct or expand a wastewater treatment and disposal facility which will have sufficient capacity to provide for the treatment and 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 wastewater treatment or disposal capacity has been reserved. The determination that wastewater treatment and disposal service is available shall not be construed as a reservation of capacity for the development submitted unless a developer's agreement is executed with the City specifically reserving wastewater treatment and disposal capacity.

c.

That the proposed development includes a system of sanitary sewers together with all necessary pumping stations and appurtenances adequate to serve all parcels of the subdivision.

d.

The City Commission may require the installation of wastewater lines and appurtenances which are in excess of the subdivision design needs and mutually establish an equitable reimbursement program with the developer.

iii.

That the traffic generated by the proposed development will be safely and efficiently handled by the regional transportation network and local streets. Roadway improvements including, but not limited to, additional turning lanes, median openings and/or closing, and traffic-control devices may be required. An applicant for a development permit which will generate in excess five hundred (500) trips per day according to the trip rates contained in the Broward County Trips Application's "Trip rates by Land Use" (Effective December 8, 2009, and as may be periodically updated) published by Broward County Planning and Development management Division, shall be required to submit to the City a traffic impact statement.

a.

Any such statement shall be prepared by a professional engineer registered by the state and shall assess the impact of the proposed development on all public streets and intersections within a one-mile radius of the perimeter of that development. The Director of Environmental and Engineering Services shall use as the basis for review the standards set forth in the current editions of the following: Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, Florida Department of Transportation; Manual on Uniform Traffic Control Devices for Streets and Highways, Federal Highway Administration; Chapter 40, Article III of this Code; the "Future Land Use Plan" of the Margate Comprehensive Plan; and the "Traffic Circulation Element" of the Margate Comprehensive Plan.

iv.

That adequate rights-of-way and easements for a surface water management system are provided pursuant to Chapter 11 and Chapter 40, Article III of this Code. In the case of site plans, that the approved minimum design criteria of the above as well as the "Basis of Review for Surface Water Management," South Florida Water Management District and the applicable drainage district are met or exceeded.

v.

That the engineering design for streets, sidewalks and other public places meet or exceed the minimum standards set forth in chapters 40 and 35 of this Code. Such determination shall include, but not be limited to, internal site vehicular traffic circulation plans, and appropriate traffic signage and pavement markings.

vi.

That the engineering design of a water distribution and wastewater collection system meets or exceeds the applicable minimum standards and requirements of the following: Chapter 39 of this Code; "AWWA Standards," American Water Works Association; Broward County Environmental Protection & Growth Management; and the Florida Department of Environmental Protection.

vii.

That the collection of solid waste be provided for in a manner that serves the needs of the proposed development, in conformance with the standards set forth in Chapter 19 of this Code.

c.

Representative from the Fire Department. The representative from the Fire Department determines:

i.

That the proposed development will comply with hydrant locations and a water distribution system pursuant to Chapter 14 of this Code.

ii.

That the proposed development provides adequate driving lanes, turning radii, vertical clearance, and fire lanes to provide access for emergency vehicles.

iii.

That the proposed development will meet NFPA codes and standards.

iv.

That state statutes pertaining to trafficways are complied with.

v.

That the Fire Department will be able to protect life and property within the proposed development.

d.

Building official. The Building Official determines:

i.

In the case of site plans that the location of structures on the plot, the type of construction, and the use and occupancy of all structures on the site is in conformity with the building code in force and effect.

ii.

In the case of site plans that the proposed finished floor elevation is at or above the minimum prescribed by Chapter 17 and Section 11-3 of this Code.

e.

Director of Public Works. The Director of Public Works considers the potential impacts of the proposed development to existing infrastructure; specifically:

i.

Roadways and sidewalks.

ii.

Storm water utilities, including the City's canal system.

f.

Representative from the Police Department. The representative from the Police Department considers possible public safety issues presented in proposed developments. The representative may consider as a basis for review the standards set forth in the current CPTED standards, guidelines & policies of the International Crime Prevention through Environmental Design Association.

g.

Representative from the Margate Community Redevelopment Agency. The representative from the Community Redevelopment Agency determines that any proposed development within the CRA boundary is consistent with the Margate Community Redevelopment Plan, and the Margate CRA Building Design Regulations.

(B)

Development presumed to have maximum impact permitted; use of site plan to access maximum impacts.

1.

A proposed development shall be presumed to have the maximum impact permitted under applicable land development regulations such as zoning regulations and the land use element of the Margate Comprehensive Plan.

2.

If a site plan is presented when a proposed plat, subdivision resurvey or rezoning application is submitted, it may be used as the basis to assess the maximum impact of the development. In the event that an application for a building permit is submitted which, provides more intensive uses than those indicated on the site plan or substantially deviates from the approved site plan, the application shall be referred to the Development Review Committee for assessment. If the Development Review Committee determines that the permit proposes more intensive uses than those indicated on the approved site plan or substantially deviates from the approved site plan, the site plan shall be revised and reviewed as a new site plan application.

(C)

Underground wiring required:

1.

Easements shall be provided for the installation of underground utilities or relocating existing facilities in conformance with such size and location of easements as may be determined by the Department of Environmental and Engineering Services Director to be compatible with the requirements of all utility companies involved with respect to a particular utility service.

2.

The owner or developer shall submit written evidence of a satisfactory arrangement with each of the persons, firms or corporations furnishing utility services involved with respect to a particular development before the development permit application is submitted to the City Commission for its approval.

3.

For instances where an owner or developer is required to underground, but a permit application is not required to be approved by the City Commission, the above-described written evidence shall be submitted to the City prior to the issuance of a building permit.

(D)

Underground placement of existing utilities:

1.

Applicability.

a.

For any permit application for nonresidential or mixed use development, or a new residential development project of five (5) dwelling units or more or to substantially redevelop or reconstruct existing nonresidential or mixed use development or an existing residential project of five (5) dwelling units or more, on property located within the Central Business District ("CBD") as provided in the Margate Comprehensive Plan, Element I Future Land Use Element, Map 1-36, as amended and approved, all utilities to be located within or in the public rights-of-way adjacent to the development and within that development even if not in the public rights-of-way shall be installed underground at the developer's and/or owner's cost.

i.

Existing overhead utilities on public rights-of-way adjacent to the new development and within that development, even if not in the public rights-of-way, shall be converted to underground utilities at the developer's and/or owner's cost, provided that, where applicable, such cost is determined pursuant to a utility's tariffs, such as those of Florida Power and Light Company, that are approved and enforceable by the Florida Public Service Commission.

ii.

Where the costs are not subject to tariffs enforceable by the Florida Public Service Commission, it is the intent of this section that the City will not be responsible for any such costs, and that the apportionment of such costs between the developer, owner, and any utility shall be pursuant to a written agreement between the involved parties.

iii.

For a project parcel located at a roadway intersection, or any other instance where the utilities cross a street from a project parcel or applicable right-of-way adjacent to a project parcel the developer and/or owner shall be responsible to continue the underground conversion across the intersection/street to the nearest point(s) of connection at no cost to the City.

iv.

No overhead poles shall be allowed to stay adjacent to any parcel that is required to have underground utilities pursuant to this section of the City Code. If the utility poles to be removed through the undergrounding project also support street light fixtures, then the poles shall be replaced with dedicated and functional street light poles and fixtures.

v.

The material and design of the replacement streetlights shall be subject to approval by the Department of Environmental and Engineering Services Director.

b.

For any permit application for a new residential development project of five (5) dwelling units or more, a new nonresidential or mixed use development or to substantially redevelop or reconstruct an existing residential project of five (5) dwelling units or more or existing nonresidential or mixed use development on property located within the City of Margate and outside of the Central Business District ("CBD") as provided in the Margate Comprehensive Plan, Element I Future Land Use Element, Map 1-36, as amended and approved all utility lines, including, but not limited to, those required for electrical power distribution, telephone communication, internet service, street lighting and television signal services, shall be installed underground from the building(s) or structure(s) to the terminal supplied by the utility company (in most cases this shall mean that the utility lines shall be underground from the street line or pole line to the building or structure.

c.

This section shall apply to all cable, conduits or wires forming part of an electrical distribution system, including service lines to individual properties necessary to serve the property under consideration.

i.

However, this section shall not apply to wires, conductors or associated apparatus and supporting structures where exclusive function is in transmission of electrical energy between generating stations, substations and transmission lines of other utility systems.

ii.

Appurtenances such as transformer boxes, pedestal mounted terminal boxes, and meter cabinets may be placed above ground and shall be located in such a manner as to minimize noise effects upon the surrounding residential properties.

iii.

If utility poles are to be removed through the undergrounding project and the removed utility poles also support street light fixtures, then the poles shall be replaced with dedicated and functional street light poles and fixtures.

iv.

The material and design of the replacement streetlights shall be subject to approval by the Department of Environmental and Engineering Services Director.

2.

Exception. The following shall be exceptions to the undergrounding wiring requirements:

a.

Electrical transmission or distribution lines with a rated load of more than twenty-seven (27) kV (twenty-seven thousand (27,000) volts) shall be exempt from the requirements of this section. All electrical transmission or distribution lines with a rated load of twenty-seven (27) kV (twenty-seven thousand (27,000) volts) or less shall not be exempted from the requirements of this section.

b.

City of Margate owned property and City initiated permits including rezoning and land use plan amendments.

i.

Site plan amendments (including master parking plans), change of occupancy, or plat amendments which does not directly result in substantial redevelopment or reconstruction of a property.

3.

City participation. Upon application and execution of an agreement by a developer or property owner consistent with this Section, the City may participate as an applicant or co-applicant for undergrounding projects in order to take advantage of benefits that may be available from the utility to local government applicants.

a.

The developer or property owner shall agree to reimburse the City for the City's costs, including without limitation attorney's costs, incurred in the City's participation in the project as contemplated by this Section.

b.

In certain areas or projects where the City participates to underground utilities and pays all costs up front to obtain benefits available from any utility, including without limitation from Florida Power and Light Company, AT&T, Comcast, etc., each owner and/or developer who benefits from this conversion or undergrounding shall pay the City all expenses related to the conversion or undergrounding, including, but not limited to, design construction and/or any fees in a pro-rated manner as determined by the City Commission.

4.

Process timing and waiver:

a.

The developer and/or owner shall evidence compliance with the requirements in this division by providing to the City a signed agreement between the developer and/or the owner and each relevant utility showing that the utility has agreed, at the developer or owner's cost, to place or convert the relevant utilities underground, or the developer and/or owner has established an agreement with the City indicating their intent to comply with the undergrounding requirements of subsection (1) above.

b.

This evidence or application for waiver shall be submitted with the permit application; if not thus submitted, then the permit application shall be deemed incomplete. The City shall require this evidence or an application for waiver, as described in subsection c., below, to accompany the review of the permit application. The City Commission shall be the final authority to grant or deny said waiver application.

c.

Any developer or owner subject to the requirements of this section may apply to the City, in a form specified by the City and accompanied by the payment of a waiver application fee as set by resolution of the City Commission seeking to be relieved of the requirements of this division.

d.

This waiver application must be submitted to the City prior to the time specified in subsection a., above.

i.

If the developer or owner claims that technical reasons are the basis for the waiver application, the application shall contain a detailed statement by a professional engineer licensed in the State of Florida, qualified with respect to utility issues, explaining why, in the engineer's professional opinion, it is technically infeasible to locate such utilities underground. The waiver application shall include a detailed line-item estimate prepared by a professional engineer licensed in the State of Florida, qualified with respect to utility issues.

ii.

The estimate shall clearly identify the scope of the project and include all related costs associated with the undergrounding project, including, but not limited to, all labor, materials, transitional equipment, provisions for maintenance of traffic, etc.

iii.

The director of environmental and engineering services and the development services director shall review such application and shall make a recommendation to the City Commission.

iv.

The City Commission shall have the authority to grant or deny a waiver. The City may grant a waiver if the application is supported by information detailing justifiable reasons for not pursuing the subject undergrounding, including, by way of example and not limitation, technical infeasibility or impracticability, practical infeasibility or impracticability, or the cost to relocate the utilities underground outweighs the documented benefits to the City and the public, as determined by the City Commission in its sole discretion.

e.

If a waiver is granted, the owner or developer shall deposit into the City's Underground Utility Trust Fund a dollar amount equal to the estimate provided in the waiver application, and as agreed upon by the City, prior to the development permits being issued.

i.

For instances where an owner or developer is required to underground, but a development permit is not required, the above-described dollar amount shall be required to be paid into the City's underground utility trust fund prior to building permits being issued.

5.

Underground Utility Trust Fund—Established. There is hereby established an Underground Utility Trust Fund. Contributions generated from the waiver provision of section 40.301(I) of this Code, entitled "Underground utilities required", shall be deposited into the Underground Utility Trust Fund. The City Commission may, by resolution, designate other additional funds to be deposited into the Underground Utility Trust Fund as deemed to be in the best interest of the City.

6.

Restriction on expending funds.

a.

Funds deposited into the Underground Utility Trust Fund shall be restricted and shall be expended solely for projects that place existing or future utility lines underground as may be approved by the City Commission from time to time. Projects that are eligible for the expenditure of such funds include, but are not limited to:

i.

The underground placement of all utilities lines and appurtenances, including, but not limited to, gas, telephone, cable, fiber, communications and electrical distribution and transmission facilities on public rights-of-way.

ii.

Public property beautification projects, including, but not limited to, median improvements, which are occasioned by the placement of utility lines underground.

iii.

Payment for any loan, bond, or other debt incurred for any project authorized by this section, including debt service, if any.

b.

Funds deposited into the Underground Utility Trust Fund are intended to be used for projects with a rational nexus to the project or projects contributing the funds into the trust, where feasible or practicable. The rational nexus may be based on location, system integrity or other matters as determined in the discretion of the City Commission.

7.

Prohibition against expending funds.

a.

Funds deposited into the Underground Utility Trust Fund shall not be used as a source of revenue to meet operating needs of the City of Margate.

b.

Funds deposited into the Underground Utility Trust Fund shall not be commingled with general fund revenue and shall not be used to supplement the general fund budget.

c.

All interest earnings resulting from funds deposited into the Underground Utility Trust Fund shall be transferred back into the Underground Utility Fund on an annual basis on or by September 30 of every year.

8.

Authority to expend funds. Any project which meets the criteria for funding from the Underground Utility Trust Fund as set forth in subsection (5) above, shall be approved by a separate, specific resolution of the City Commission for that project. Said resolution shall be separate and apart from the annual budget process.

9.

Amendments to or rescission of underground utility trust fund.

a.

The City Commission may, by ordinance, temporarily cease depositing contributions from the waiver provisions of section 40.301 of this Code into the underground utility trust fund. Any ordinance that approves the temporary cessation of said contributions to the Underground Utility Trust Fund shall be effective for a period that shall not exceed one (1) year.

b.

The City Commission may, by ordinance, amend or rescind the Underground Utility Trust Fund.

c.

In the event the Underground Utility Trust Fund is rescinded by subsequent ordinance, it is the intention of this subsection that all existing Underground Utility Trust Fund funds be used for the purposes contained in this subsection.

(A)

Site Plan approval required. Approval of a site plan by the Development Review Committee is required prior to any development of land in the City.

1.

Exemption. Notwithstanding any other provision of this section, the following activities shall not require compliance with this section, unless referred for site plan approval by the Development Services Director.

a.

Any development permit application for a single-family home or duplex on an existing platted lot for new construction or modifications to an existing structure or premises.

b.

Any accessory structure, fence, pool sign, wall, or building modification that does not affect parking.

c.

A Building Permit to change the occupancy group of an existing building, which does not involve any changes to the building envelope or exterior modifications to the site.

(B)

Application for Site Plan approval.

1.

Procedures. An application for site plan approval shall be filed and processed pursuant to the timeframes required F.S. 166.033 as may be amended from time to time unless otherwise waived by the applicant.

2.

Submission requirements. In order to have a site plan application accepted for Development Review Committee all of the following shall be provided at the time of application:

a.

Pre-application Meeting. A pre-application meeting with the Development Services Director or designee within sixty (60) days of the submission date with fee paid as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate.

b.

Application fee. Payment of all fees as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate.

c.

Application form. A completed application form on the form provided by the Development Services Department.

d.

Proof of Ownership. A copy of the warranty deed and/or the parcel information page(s) from the Broward County Property Appraiser.

e.

Owner's Authorization Affidavit. An executed affidavit on the form provided by the Development Services Department. If the property is owned by a corporation an authorized agent registered with the State of Florida as listed on www.sunbiz.org must be the person that signs and the record from www.sunbiz.org must be provided. If the person signing is not listed as an authorized signatory, then a corporate resolution showing that person is authorized to sign on behalf of the corporation may be provided.

f.

Survey. Signed and sealed Boundary Survey meeting the technical standards of the Florida Department of Professional Regulation, Board of Land Surveyors, no older than five (5) years, in pdf format that is a minimum three hundred (300) dpi that shows the following:

i.

The location of all existing structures, paved areas, and recorded easements on the property.

ii.

Existing roadway details adjacent to the property including, but not limited to, rights-of-way, pavement widths, lane widths, markings, sidewalks, driveways (curb cuts), curbs and gutters, turn lanes, bus bays, medians, median openings, traffic signals and signal equipment, streetlights, pull boxes, utility poles and utility equipment, drainage structures, and fire hydrants.

g.

Tree Survey. An accurate tree location plan, superimposed over the basic site plan, showing the species, size and condition of all trees of three (3) inches or greater caliper, and diameter at breast height.

h.

Concurrency Analysis. A document that provides all of the application requirements for concurrency determination stated in Division 5 Concurrency Management System of this Code.

i.

SCAD Letter. If an application has a residential component, a Public School Impact Application (PSIA) must be submitted to the School Board. Within forty-five (45) days of accepting the PSIA, the School Board will issue a School Capacity Availability Determination (SCAD) letter confirming if the project is exempt, vested or if student capacity is available.

j.

Traffic Impact Statement. Any application for a development which generates five hundred (500) or more trips per day shall include a Traffic Impact Statement that is prepared by a professional engineer licensed in the State of Florida. The Traffic Impact Statement shall assess the impact of the proposed development on all public streets and intersections within a one (1) mile radius of the perimeter of the development.

k.

Master Parking Plan. A Master Parking plan pursuant to Section 40.705(H) of this Code is required for any application that involves a new parking area, new or change of use, or substantial modification to an existing parking area such as an alteration to vehicle circulation and/or an expansion of the parking area.

3.

Site Plan requirements. A Site Plan drawn to a scale of no less than one (1) inch equals fifty (50) feet, and shall provide the following information and include the complete dimensioning and location of:

a.

Lot lines,

b.

Existing and proposed buildings and all other proposed improvements,

c.

Off-street parking, curbing, wheel stops and interior landscape area,

d.

Street paving, drainage structures, sidewalks, driveways, intersections, medians, existing and proposed deceleration and turning lanes,

e.

Setbacks,

f.

Floor plans, and exterior sales, storage or service areas,

g.

Internal walks and pedestrian ways,

h.

Color elevations of all sides of every building,

i.

Signs and exterior lighting,

j.

Water mains, fire hydrants, sewer laterals, drainage structures and calculations,

k.

Buffering and fencing or decorative masonry walls,

l.

Solid waste disposal containers and enclosures,

m.

Proposed finished floor and pavement elevations,

n.

Landscape plan with site data, tree replacement data, and irrigation plans (one hundred (100) per cent coverage, source of water, pumps, valves, pipe sizes, rain sensors, head types, locations and spray patterns),

o.

Parking lot lighting (photometric) plan,

p.

Copies of any and all agreements that run with or affect the property, such as cross access agreements, shared parking agreements, restrictive covenants, plat note amendments, or FDOT agreements,

q.

Any other architectural, engineering or other data as may be required by the Development Services Director.

(C)

Time limitation on approvals. Any recommendation of the Development Review Committee as to any application shall be reevaluated after a period of one (1) year if final action by the City Commission has not taken place on that recommendation. An approval of a site plan shall be valid for one (1) year from the date of approval by the Committee. The date of site plan approval shall be the date when the site plan was approved at an official Development Review Committee meeting. If a building permit has not been issued within eighteen (18) months from the date of site plan approval then another site plan review shall be required.

If a building permit or engineering permit has not been issued within eighteen (18) months of site plan approval, an extension of the one-year time limit for site plan approval may be issued by administrative approval by the Development Services Director, subject to the following conditions:

1.

The applicant has submitted a completed application for extension of the time limit, and submitted the requisite fee, as adopted in the schedule of fees by the City Commission.

2.

The land use or zoning designation of the subject parcel has not changed and both designations are appropriate for the approved site plan.

3.

The governing regulations of the subject parcel have not been significantly changed since the site plan was reviewed by the Development Review Committee.

4.

There have been no developments on adjacent or nearby properties that would create a conflict with the current zoning regulations.

5.

The proposed development is consistent with the Margate Community Redevelopment Plan as amended.

6.

The time limit extension for site plan approval shall not exceed an additional one (1) year.

(D)

Withdrawal of application.

1.

An owner/applicant may withdraw an application at any time prior to a final decision by the City up to and including the time of a vote on a motion before the City Commission to approve or deny the application, in whole or in part.

2.

If an owner/applicant submits an application for consideration before the Development Review Committee (DRC), Board of Adjustment, Planning and Zoning Board and/or City Commission, and that application is inactive on the part of the applicant for a period of six (6) months or more, then the application shall be deemed to be automatically withdrawn.

3.

For the purposes of this section "inactive" shall be defined as a period of six (6) months without activity by the owner/applicant, including, but not limited to,, a failure to respond to correspondence from the City, failure to submit or resubmit revised plans as part of the DRC process, failure to take affirmative action to move a project forward, or other nonresponsive actions by the applicant to address DRC concerns as reasonably determined by the DRC.

(A)

Procedure:

1.

General. A change in zoning shall be permitted after a determination has been made by the City Commission that services are available to serve the development permitted in the zoning district which is being petitioned. A determination that services are available shall be made when the City Commission approves a report submitted by the Development Review Committee which indicates the conditions contained in Division 5, Concurrency Management System of this Code have been met.

2.

Spot Zoning. The City shall not consider applications that meet the definition of spot zoning.

3.

Withdrawal of application. An owner/applicant may withdraw an application at any time prior to a final decision by the City up to and including the time of a vote on a motion before the City Commission to approve or deny the application, in whole or in part.

(B)

Planning and Zoning Board Review:

1.

The Planning and Zoning Board shall hold its public hearing and shall make a recommendation upon the application to the City Commission, based upon its consideration of, where applicable, whether or not:

a.

The proposed change is contrary to the adopted comprehensive plan, as amended, or any element or portion thereof;

b.

The proposed change would create an isolated zoning district unrelated and incompatible with adjacent and nearby districts;

c.

Existing zoning district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

d.

The proposed change will adversely affect living conditions in the neighborhood;

e.

The proposed change will create or excessively increase automobile and vehicular traffic congestion, above that which would be anticipated with permitted intensities or densities of the underlying land use plan designation, or otherwise affect public safety;

f.

The proposed change will adversely affect other property values;

g.

The proposed change will be a deterrent to the improvement or development of other property in accordance with existing regulations;

h.

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the welfare of the general public;

i.

There are substantial reasons why the property cannot be used in accord with existing zoning;

j.

The proposed zoning designation is the most appropriate designation to enhance the City's tax base given the site location relative to the pattern of land use designations established on the future land use plan map, appropriate land use planning practice, and comprehensive plan policies directing land use location.

2.

An applicant may withdraw an application or amend the rezoning application to a more restrictive district, at any time prior to a vote by the Commission.

3.

The report and recommendation of the Planning and Zoning board required by this Chapter shall be advisory only and shall not be binding upon the Commission.

(C)

City Commission Review:

1.

The Commission shall establish a public hearing to consider the rezoning review criteria in subsection (1), above, public testimony and the Planning and Zoning Board recommendation, and may act on the petition, deny, deny without prejudice, approve or approve with conditions, or approve an amended application for rezoning.

2.

The Commission, upon denial without prejudice, may also waive the reapplication fee.

3.

Whenever the Commission has acted upon an application for the rezoning of property, whether approved or denied, the Planning and Zoning Board shall not thereafter consider any further application for the same or any other kind of rezoning of any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the Commission, when the Commission deems such action necessary to prevent injustice or to facilitate the proper development of the City.

(A)

Purpose of platting regulations:

1.

To assure that orderly and efficient development of the City of Margate.

2.

To establish uniform standards for the preparation of subdivision plats.

3.

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

4.

To coordinate the zoning and subdivision improvement regulations of the City of Margate.

(B)

No application for construction of a principal building on a parcel of land shall be granted unless a plat including the parcel or parcels of land have been approved by the Broward County Commission and recorded in the official records of Broward County subsequent to June 4, 1953.

(C)

This provision will not apply to applications for a building permit for the construction of a building or structure on any specifically delineated single-family lot or parcel or on any specifically delineated multifamily or nonresidential lot or parcel less than ten (10) acres in size, the majority of which has been specifically delineated on a plat recorded on or before June 4, 1953, and is unrelated to any adjacent development, provided that the Development Services Director determines that the following conditions have been met:

1.

A property development plan containing all of the applicable information requirements of Section 40.305(C)(2) below shall be prepared by a registered engineer or surveyor.

2.

Any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan and needed for the realization of any improvements proposed within which has been conveyed to the public by fee simple deed or grant of easement.

(A)

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

(B)

Application requirements for new construction or major renovation. No use designated as a special exception shall be established until after such use has received approval under the provisions of this section and has received all permits required by this Code of Ordinances and the Florida Building Code. An application for special exception approval involving new construction, or any application for special exception that proposes to redevelop, substantially redevelop or reconstruct an existing building, as defined in this Code, shall be filed.

(C)

Application requirements for a special exception use of an existing building. No use designated as a special exception shall be established within an existing building or structure until after such use has received approval under the provisions of this section and has received all permits required by this Code of Ordinances and the Florida Building Code. An application for special exception approval which proposes to utilize an existing building substantially in its current form shall be filed with the development services department on forms provided. The application shall include:

1.

A survey meeting the technical requirements of the Florida Department of Professional Regulation, Board of Land Surveyors, shall contain all relevant information necessary for review, to include, but not be limited to, the following:

a.

Site data, including existing floor areas, aggregate building overage, green space and vehicular use areas.

b.

Existing off-street parking, curbing, wheel stops and interior landscape area.

c.

Existing street paving, drainage structures, sidewalks and driveways.

2.

Professionally prepared floor plan accurately depicting the proposed use.

3.

If applicable, a professionally prepared site plan for any exterior affected areas of the subject property.

4.

If applicable, a professionally prepared landscape and irrigation plan for any exterior affected landscape areas or required buffer areas of the subject property.

5.

If applicable, professionally prepared color elevations for any affected areas of the exterior of the building or structure.

6.

If applicable, professionally prepared photometric plan for any affected areas of the vehicular use area.

7.

Any other architectural, engineering, or other data as may be required to permit the necessary findings.

8.

The required application fee, as provided by resolution of the City Commission.

9.

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

10.

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

(D)

General standards of review. In addition to the standards set forth in this Code of Ordinances for the particular use, all proposed special exceptions shall meet each of the following standards:

1.

The special exception shall be consistent with the purposes, goals, objectives and policies of the Margate Comprehensive Plan and the Margate Code of Ordinances.

2.

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

3.

The establishment, maintenance or operation of the proposed use shall only be approved if in the best interest of the City. It shall be determined that a genuine need for the use is present in the City to support and justify the approval order to avoid creating an excessive proliferation of said special exception use.

4.

The proposed use shall be compatible with the existing natural environment and community character of the properties within the immediate neighborhood.

5.

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

6.

Adequate measures exist or shall be taken to provide ingress and egress to the proposed use, for both vehicles and pedestrians, in a manner that minimizes traffic congestion on public streets, and the use may not result in an increase in the amount of traffic on local streets than would result from a development permitted by right.

7.

There shall be adequate parking areas and off-street truck loading spaces (if applicable) consistent with the parking requirements of the Code, and the layout of the parking and vehicular use areas shall be convenient and conducive to safe operation consistent with city standards to the greatest extent possible.

8.

The establishment of the special exception shall not impede the development of surrounding properties for uses permitted in the zoning district nor have a negative impact on the value of those properties;

9.

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

10.

The City Commission finds that the granting of the application will be in the best interest of the City.

(E)

Review by Development Review Committee (DRC). A complete application which is submitted pursuant to a schedule prepared by the development services department shall be reviewed at the next available DRC meeting. The DRC shall review the proposed use based on the general standards of review, use regulations, development standards of this Code, and all other applicable development regulations. The DRC chair shall submit the recommendation of the DRC, to the planning and zoning board and City Manager.

(F)

Meeting of the Planning and Zoning Board. The Planning and Zoning Board shall conduct a public hearing in which they discuss the DRC recommendation and the project proposal, prior to making a recommendation concerning the project to the City Commission. If the Planning and Zoning Board determines that the proposed use is in compliance with general standards of review, use regulations, and development standards of this Code, then they shall recommend approval of the special exception to the City Commission, with or without conditions, as determined appropriate. If the Planning and Zoning Board finds that the proposed special exception is not in compliance, they shall recommend denial of the application. The Planning and Zoning Board may continue the matter for a maximum of sixty (60) days, until any additional information or studies requested have been completed and offered in testimony.

(G)

Review by City Commission. The City Commission shall review all special exception applications. The director of development services shall transmit to the City Manager a copy of the complete application and a written staff report summarizing the facts of the case including all relevant documents and the recommendations of the Planning and Zoning Board, if applicable. The City Manager shall schedule the proposed special exception application for the next available City Commission meeting providing the required notice procedures are met.

1.

Public hearing. The City Commission shall hold one (1) public hearing on the proposed special exception.

2.

Action by City Commission. In considering a special exception request, the City Commission shall review the proposed special exception, based on the general purpose and standards of review set forth in this section, the report of the administration and recommendation(s) of the Planning and Zoning Board, and any oral and written comments received before or at the public hearing. Based upon the record developed at the public hearings, the City Commission may:

a.

Adopt the proposed special exception by resolution, with or without conditions;

b.

Deny the proposed special exception by resolution; or

c.

Defer the matter to a future meeting for a date certain; or

d.

Refer the matter to the Planning and Zoning Board or administration for further consideration, comments, or additional review.

(H)

Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in Section 40.306(D) general standards of review and to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: architectural design guidelines; limitations on size, bulk and location; duration of construction period; requirements for landscaping, signage, outdoor lighting, and the provision or limitation of ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts.

(I)

Effect of approval or denial.

1.

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

2.

Expiration of special exception approval. Unless otherwise provided in the approval, the approval of a special exception application shall be void if a building permit or engineering permit has not been issued for the proposed development or if the use has not commenced within twelve (12) months after the date of the special exception approval by the City Commission. An applicant who has obtained special exception approval may request an extension of this time period by submitting within the twelve-month period a letter stating the reasons for the request. The City Commission may, at a regular meeting with public notice, grant an extension of up to twelve (12) months, provided the City Commission makes the following findings:

a.

The land use or zoning designation of the subject parcel has not changed and both designations are appropriate for the approved site plan.

b.

The governing regulations of the subject parcel have not been significantly changed since the site plan was reviewed by the Development Review Committee.

c.

There have been no developments on adjacent or nearby properties that would create a conflict with the current zoning regulations.

d.

The proposed development is consistent with the Margate Community Redevelopment Plan, as amended.

e.

The time limit extension for special exception approval shall not exceed an additional one (1) year.

(J)

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

(K)

Amendments and alterations to approved special exceptions.

1.

Except as provided below, any expansion or change in intensity to an approved special exception and any addition to or expansion of an existing special exception shall require the same application, review and approval as required under this section for the original approval of the special exception.

2.

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

(A)

Purpose. It is the purpose of this article to provide for the regulations of nonconforming uses and structures which existed lawfully (whether by special exception, variance, or otherwise) on the effective date of passage or amendment of this Code and which fail to conform to any of the applicable regulations contained herein. Nonconforming uses are deemed to be: incompatible with and detrimental to permitted uses and structures in the zones in which they are located; the cause of disruption of the comprehensive land use patterns of the city; an inhibition of present and future development of nearby properties; conferring upon their owners and users an absolute franchise and hence a position of unfair advantage. A rigid control on expansion and the eventual elimination or reduction to conformity, as expeditiously as is reasonable, of nonconforming uses or structures is declared to be as much a subject of health, safety and welfare as is the prevention of the establishment of new uses that would violate the provisions of this Code.

(B)

Nonconforming use—Extensions. The nonconforming use of a building or structure may not be extended through any part of a building or structure not so used at the effective date of this zoning code, or amendments thereto. No nonconforming use shall be extended to occupy any land outside the building or structure, nor any additional building or structure on the same lot, not used for such nonconforming use at the effective date of this zoning code, or amendments thereto. The nonconforming use of land shall not be extended to any additional land not so used at the effective date of this zoning code, or amendments thereto.

(C)

Repair, alteration, enlargement. No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this zoning code, or amendments thereto. Repairs, maintenance and improvement may be carried out in any one (1) year in an amount not to exceed twenty-five (25) per cent of the assessed value as determined by the Broward County Property Appraiser of the structure for that year. However, such work shall not increase the cubical content of the building or structure, nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Nothing in this article shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building or structure occupied by a nonconforming use.

(D)

Except as otherwise provided in this Code, a building or structure which was lawfully constructed prior to the effective date of this chapter, as amended, but which does not conform to the current requirements of this Code, such as, but not limited to, minimum setbacks, maximum building height, minimum floor area or maximum lot coverage, shall not be considered in conflict with this chapter provided that the use of such building or structure remains otherwise lawful, provided that:

1.

No such building or structure shall be enlarged upon or altered in any way that increases a nonconformity. Such building or structure or portion thereof may be altered to decrease its nonconformity except as may be hereafter provided. Such nonconforming buildings or structures shall not be used as a basis for adding other buildings, structures or uses prohibited elsewhere in the same district.

2.

Should such building or structure be destroyed or damaged by any means to an extent that the cost of rebuilding, repair, or reconstruction will exceed fifty (50) per cent of the value of the building or structure as determined by the Broward County Property Appraiser for that year, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code.

3.

Should such structure or building be moved for any reason for any distance whatever, it shall thereafter conform to the property development regulations for the district in which it is located after it is moved.

(E)

Reconstruction after catastrophe. If any nonconforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such extent that the cost of rebuilding, repair and reconstruction will exceed fifty (50) per cent of the value of the building or structure as determined by the Broward County Property Appraiser for that year, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(F)

Change of nonconforming use.

1.

In any district, a nonconforming use in a nonconforming building or structure shall be changed only to a use permitted in the particular district involved, except as provided in paragraph (2) below.

2.

There may be a change of tenancy, ownership or management of a nonconforming use provided there is no change in the nature, character, size, or intensity of such nonconforming use.

3.

Any change of a nonconforming use of land shall be to a conforming use.

(G)

Discontinuance or abandonment of a nonconforming use.

1.

If for any reason a nonconforming use of land or portion thereof ceases or is discontinued for a period of more than one hundred eighty (180) calendar days, the land shall not thereafter be used for a nonconforming use, except for agriculture uses.

2.

If for any reason the nonconforming use of a building or structure, or any portion of a building or structure ceases or is discontinued for a period of one hundred eighty (180) calendar days or more, the said building or structure shall not thereafter be used for a nonconforming use.

3.

Any part or portion of a building, structure or land occupied by a nonconforming use, which use is abandoned for one hundred eighty (180) calendar days or more, shall not again be occupied or used for a nonconforming use.

4.

Any part of a building, structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(H)

Discontinuance or abandonment of variances or waivers.

1.

If for any reason a variance or waiver as to the use of land or any portion thereof does not commence, is not undertaken, ceases, is discontinued, or is abandoned for a period of more one hundred eighty (180) calendar days, the land or portion thereof shall not thereafter be used for said variance or waiver unless specifically outlined unless the contrary is specifically provided in the variance or waiver, or unless same has been considered anew and granted, pursuant to the Code of the City of Margate.

2.

If for any reason a variance or waiver as to the use of a building or structure or any portion thereof does not commence, is not undertaken, ceases, is discontinued, or is abandoned for a period of more one hundred eighty (180) calendar days, the building or structure or any portion thereof shall not thereafter be used for said variance or waiver unless specifically outlined unless the contrary is specifically provided in the variance or unless same has been considered anew and granted, pursuant to the Code of the City.

(I)

Illegal use. The casual, temporary or illegal use of land or a building or structure shall not be sufficient to establish the existence of a nonconforming use or to create any right in the continuance of such a use.

(J)

District or regulation change. The foregoing provisions of this article shall also apply to buildings, structures, land, premises or use which hereafter become nonconforming due to a change or a reclassification of district or become nonconforming due to a change in district regulations. Where a period of time is specified in this article for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

(A)

Generally. The Department of Environmental and Engineering Services, Development Services Department, and the Building and Code Services Department, may issue permits when all of the requirements in this Code have been met and the applicant has further met all other applicable laws and regulations of the City, County, and State. Conditions of approval by the Development Review Committee and statements made by a developer or their representative shall be reduced to writing, incorporated into the site plan approved by the committee, and shall be binding on the developer during the permitting process. It shall be a violation of the Code of the City of Margate for the use of property contrary to that provided in any approved site plan.

(A)

Mailings. When an application for special exception, conditional use, variance, administrative appeal, reasonable accommodation, plat or plat amendment, rezoning, land use map amendment, or any other quasi-judicial land use determination is filed with the City, public notice shall be mailed to the owners of all real property lying within the City of Margate that is situated within one thousand five hundred (1,500) feet of the subject property for which said application was filed. If the application is for a subject property consisting of a single-family or two-family residential unit only, and within a zoning district that permits only those residential uses, public notice shall be mailed to the owners of all real property lying within the City of Margate that is situated within four hundred (400) feet of the subject property. The mailing radius shall be measured from the property lines of the subject property and shall include all property owners, other than the applicant, within said subject property.

1.

Content. The mailed notification shall state "PUBLIC HEARING NOTICE" in bold print at the top of the notice and include the following information:

a.

The applicant's name.

b.

The address of the subject property of the application.

c.

The type of application that was filed with the City and the file number assigned by the City.

d.

A description of the proposed project, including the proposed use, hours of operations, acreage of parcel, square footage of structure(s), and/or number and type of residential units.

e.

The name of the board(s) to hear the application.

f.

The scheduled date(s) and time(s) of hearing(s).

g.

The address of where the hearing(s) is/are to take place.

h.

Municipal contact information for the department processing the application, to include the department name, phone number and address.

i.

A location map (aerial map preferred) of the subject property showing the surrounding roads up to one-quarter (¼) mile from subject property.

2.

Procedure. The City shall furnish the applicant with a list of all real property owners within the subject property and all properties within Margate situated within the required noticing radius of the subject property of said application. Ownership of surrounding real property shall be determined by the most recent tax records available from the Broward County Property Appraiser. The applicant shall send public notice described above via United States Postal Service mail to each required real property owner at least fifteen (15) calendar days prior to the scheduled hearing(s). For properties lying within a four hundred-foot radius of the subject property of said application that are outside the City of Margate municipal boundaries, a notice shall be provided to the applicable City Clerk.

a.

For applications that require sequential reviews by multiple boards of the City, the notice shall include the scheduled dates, times, board names, and locations for all required hearings. For the purpose of this section, required hearings refer to those held by the City Commission, the Planning and Zoning Board, the Board of Adjustment, and any other board whose members are appointed by the City Commission.

i.

In the event an application is tabled to a certain date at a properly noticed hearing, no further mailings shall be required for the application to appear before that particular body that tabled the application. However, if the tabling action causes hearings by other boards of the City in a sequential review of an application to be rescheduled to dates other than those provided in the mailed public notice, then the applicant shall mail a revised notice as provided in this section at least fifteen (15) calendar days prior to the rescheduled hearing(s).

ii.

In the event that an application is delayed between hearings of a sequential review for any reason other than being tabled, as described above, then the applicant shall mail a revised notice as provided in this section at least fifteen (15) calendar days prior to the rescheduled hearing.

iii.

In the event that an applicant appeals a board decision to a higher body of the City, or that the City Commission refers a special exception application back to the Planning and Zoning Board as described in Section 40.306, the applicant shall mail a revised notice as provided in this section at least fifteen (15) calendar days prior to the rescheduled hearing.

b.

Upon mailing the required public notice, the applicant shall submit proof of said mailing to include a sample letter, postage receipt, certificate of mailing, and a sworn affidavit affirming that the public notice requirements of this section have been executed as described in this section. Said proof of mailing shall be provided to the City at least fourteen (14) calendar days prior to the first scheduled hearing.

(B)

Signs. When an application for special exception, conditional use, variance, reasonable accommodation, administrative appeal, plat or plat amendment, rezoning, land use map amendment, or any other quasi-judicial land use determination is filed with the City, the applicant shall be responsible for posting public hearing notice on the subject property of the application at least fourteen (14) days prior to the scheduled public hearing.

1.

New construction and substantial improvements. Applications for quasi-judicial land use determinations consisting of new development, redevelopment, including substantial redevelopment or reconstruction, major renovation of an existing structure, or facade change, excluding those on an individual single-family home lot shall post signs meeting the following criteria:

a.

Freestanding, single-faced sign, posted to a height of six (6) feet above grade.

b.

The sign face shall be twenty-four (24) square feet in area, such that it is six (6) feet wide by four (4) feet high.

c.

The sign face shall be laterally divided into two (2) sides. The right side of the sign shall display a colored rendering of the proposed project. The left side shall provide the information described in Section 40.310(B)(4), below.

2.

Existing structures. Applications for quasi-judicial land use determinations that do not involve a change of the existing building envelope, excluding those on an individual single-family home lot, shall post signs meeting the following criteria:

a.

Freestanding, single-faced sign, posted to a height of six (6) feet above grade.

b.

The sign face shall be at least sixteen (16) square feet, such it that is at least four (4) feet wide by four (4) feet high.

c.

The sign(s) shall conform to section 40.310(B)(4), below.

3.

Single-family homes. Applications for quasi-judicial land use determinations for an individual single-family home shall post signs meeting the following criteria:

a.

Freestanding, single-faced sign, posted to a height of four (4) feet above grade.

b.

The sign face shall be at least six (6) square feet, such it that is at least three (3) feet wide by two (2) feet high.

c.

The sign(s) shall conform to section 40.310(B)(4), below.

4.

Criteria. The posted notification shall satisfy the following criteria:

a.

Content. The sign face shall state "PUBLIC HEARING NOTICE" in bold print at the top of the notice and include the following information in line item bullet format:

i.

The type of hearing request, and brief description of the application, for example, "SPECIAL EXCEPTION FOR GASOLINE STATION."

ii.

The board scheduled to hear the application, for example, "CITY COMMISSION."

iii.

The hearing date and time.

iv.

The hearing location.

v.

The phone number for City Hall.

b.

Posting. Public hearing signs shall be posted in the following manner:

i.

One (1) public hearing sign shall be posted by the applicant facing each adjacent public right-of-way of the subject property. If the subject property does not have an adjacent right-of-way, the sign(s) shall be installed on the subject property in a manner to provide the highest level of visibility to the public, as determined by City staff. Signs must be posted on the subject property, setback five (5) feet. The intent of this section is to provide highly visible notice to the public, as such, if visual obstructions exist on the subject property such as landscaping or manmade structure(s), the height and setback may be adjusted to provide the best visibility possible, as determined by City staff.

ii.

In the event that an application is tabled, or where sequential hearings are required, the petitioner shall update the sign(s) within seventy-two (72) hours of the most recent hearing date. The sign must be updated at least fourteen (14) days prior to the next scheduled hearing in order to be heard.

c.

Construction. Public hearing sign faces shall be made of a durable, rigid material. Paper, cardboard, fabric or vinyl banners shall not be used in the construction of a public hearing sign. Signs must be freestanding unless otherwise authorized by staff. Signs shall feature black lettering on a white background. Lettering shall be displayed in a bold, highly visible font.

d.

Removal. The above sign(s) shall be removed within two (2) business days following a public hearing on the matter. If said sign(s) is/are not removed in two (2) business days, the petitioner, on behalf of the owners of the property, authorize the administration of the City of Margate to remove said sign(s), forfeiting the bond fee.

(C)

Compliance. In the event that the applicant fails to satisfy all of the requirements of this section, the application shall not be scheduled for public hearing until the above requirements have been met.

(A)

Temporary exceptions. This section shall apply during any emergency affecting the health, safety and welfare of the citizens of the City of Margate, as declared by the President of the United States, the Governor of the State of Florida, the Broward County Commission or its designee, or the City Commission of the City of Margate, or any other lawful authority, as determined by the City Manager or Acting City Manager of the City of Margate.

1.

During the existence of any declared emergency, the City Manager or Acting City Manager may grant temporary exceptions for nonconforming use of buildings or lands from the Zoning Code of the City of Margate upon a written finding of the following:

a.

A temporary exception is deemed in the best interest of the health, safety and welfare of the citizens of the City of Margate; and

b.

A temporary exception is necessitated by the declared emergency.

2.

Any exception granted by the City Manager may be revoked by resolution of the City Commission. Any exception granted pursuant to this subsection may continue only for such time as the emergency condition declared legally exists.

3.

During the existence of any declared emergency, or within six (6) months subsequent to any declared emergency, the City Commission of the City of Margate may grant temporary exceptions for nonconforming use of buildings or lands from the Zoning Code of the City of Margate upon a finding of the following:

a.

A temporary exception is deemed in the best interest of the health, safety and welfare of the citizens of the City of Margate; and

b.

A temporary exception is necessitated by the declared emergency.

4.

The temporary exceptions granted pursuant to subsection (1) of this section may continue for such time as provided in the determination of the City Commission, up to one hundred eighty (180) calendar days from the declared emergency. A temporary exception may be renewed for an additional one hundred eighty (180) calendar days upon findings as provided in subsections (1)(a) and (b) above. In no event may a temporary exception continue in excess of three hundred sixty (360) days from the date that an emergency has been declared.

5.

No person who is granted an exception pursuant to this section shall have the right to the continuation of said exception in excess of the duration of the time specifically provided for in this section. No property right, vested right, or estoppel is created pursuant to this section as any exception created herein is based only upon necessity created by a declared emergency, and is subject to termination by the City Commission and the terms of this section.

(A)

This section implements the policy of the City of Margate for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 USC 3601 et seq.) (FHA) and Title II of the Americans with Disabilities Act (42 USC 12131 et seq.) (ADA).

1.

For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA ("Applicant"). Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.

(B)

A request by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Development Services Department.

1.

The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection (K), below.

(C)

Should the information provided by the Applicant to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of Applicant, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the Applicant.

1.

The City shall thereafter endeavor to provide written notice to the Applicant and/or their representative, of any request received by the City for disclosure of the medical information or documentation which the Applicant has previously requested be treated as confidential by the City.

2.

The City will cooperate with the Applicant, to the extent allowed by law, actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the Applicant.

(D)

The City Manager, or their designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public (provided, however, the City Manager or designee, shall not be required to render their decision at said public hearing).

1.

When a reasonable accommodation request form has been completed and submitted to the Development Services Department, it will be referred to the City Manager, or designee, for review and consideration.

2.

The City Manager, or designee, shall issue a written determination within forty-five (45) calendar days of the date of receipt of a completed application and may, in accordance with federal law:

a.

Grant the accommodation request; or

b.

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

c.

Deny the request, in accordance with federal law.

3.

Any amendment made to an application shall result in a new forty-five-day review time period.

4.

Any such denial shall be in writing and shall state the grounds therefore.

5.

All written determinations shall give notice of the right to appeal.

(E)

The notice of determination shall be sent to the requesting party (i.e. the Applicant or their representative) by certified mail, return receipt requested.

1.

If reasonably necessary to reach a determination on the request for reasonable accommodation, the City Manager, or designee, may, prior to the end of said forty-five-day period, request additional information from the Applicant, specifying in sufficient detail what information is required.

a.

The Applicant shall have fifteen (15) calendar days after the date of the request for additional information to provide the requested information.

b.

In the event any additional information is provided, the forty-five-day period to issue a written determination shall no longer be applicable, and the City Manager, or designee, shall issue a written determination within thirty (30) calendar days after receipt of the additional information.

c.

If the requesting party fails to provide the requested additional information within said fifteen-day period, the City Manager, or designee, shall issue a written notice advising that the Applicant had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required.

(F)

In determining whether the reasonable accommodation request shall be granted or denied, Applicant shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA.

1.

Although the definition of disability is subject to judicial interpretation, for purposes of this chapter the disabled individual must show:

a.

A physical or mental impairment which substantially limits one (1) or more major life activities; or

b.

A record of having such impairment; or

c.

A record of having such impairment; or

2.

Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or designee, or by the City Commission in the event of an appeal.

(G)

Within thirty (30) calendar days after the City Manager's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision.

1.

All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed.

(H)

There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the City Commission, and the City shall have no obligation to pay an Applicant's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal.

(I)

While an application for reasonable accommodation, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant.

(J)

The following general provisions shall be applicable:

1.

The City shall display a notice in the City's public notice bulletin board (and shall maintain copies available for review in the Development Services Department, the Building Department, and the City Clerk's Office), advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.

2.

An Applicant may apply for a reasonable accommodation on their own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the Applicant.

3.

The City shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with an Applicant's request for reasonable accommodation, 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 the process is accessible.

(K)

Contents of a Reasonable Accommodation Request Form:

1.

Name of Applicant.

2.

Telephone Number.

3.

Address.

4.

Address of housing or other location at which accommodation is requested.

5.

Describe qualifying disability or handicap.

6.

Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought.

7.

Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy housing or other service.

8.

Name, address and telephone number of representative, if applicable.

9.

Other information.

10.

Signature of Applicant or Representative, if applicable, or Qualifying Entity.

(A)

An administrative fee will be applied to all requests for an official zoning confirmation letter issued by the City. Such fee shall be deposited into the general fund.

1.

Each official zoning confirmation letter shall only include zoning and land use information for a single property. If multiple properties are included in a single request for an official zoning confirmation letter, the administrative fee shall be applied for each letter issued by the City.

(B)

All requests for an official zoning confirmation letter must be submitted to the Development Services Department in writing and include the following:

1.

Administrative Fee;

2.

Address of property for which the official zoning confirmation letter shall provide current zoning and land use information;

3.

Current use of property;

4.

Proposed use of property, if any;

5.

Current telephone number, e-mail address, and mailing address of person or organization that has requested the official zoning confirmation letter.

(A)

Establishment. There is hereby established a Development Review Committee comprised of representatives of City departments having a direct interest in new development. Membership of the Development Review Committee shall include the Director of Development Services, the Director of Environmental and Engineering Services, a representative from the Fire Department, the Building Official, the Director of Public Works, a representative from the Police Department, and a representative from the Community Redevelopment Agency or any designees of the aforesaid. The Director of Development Services shall serve as chair of the Committee.

The Development Review Committee shall have the right to make such rules as are necessary for the orderly conduct of its meetings.

(B)

Role in review of development proposals. The Development Review Committee shall meet on a regular basis for the purpose of reviewing and submitting to the Planning and Zoning Board a report on all applications for any proposed plats, subdivision resurveys, land use plan amendments, or rezonings. The Development Review Committee shall review all site plans other than those for a single-family or two-family home on a platted lot. Proposals to the Development Review Committee shall be submitted and processed consistent with F.S. 166.033 as may be amended from time to time.

The Development Review Committee, as to all proposed plats, subdivision resurveys, land use plan amendments, and rezonings, shall make a statement to the Planning and Zoning Board assessing the adequacy of the proposal as to all City ordinances. The statements assessing the adequacy of any proposed subdivision or rezoning shall be considered by both the Planning and Zoning Board and the City Commission.

The Development Review Committee, as to all applications submitted under its authority, shall have the following power: Each member of the Committee shall have the responsibility to approve or disapprove the submitted application based upon compliance with all applicable laws and regulations, including Division 5, Concurrency Management System which come under their department's jurisdiction. The approval of all Committee members shall constitute a demonstration of compliance.

(A)

Created; appointment; terms; officers; advisors.

1.

A Board of Adjustment for the City is hereby created and established consisting of five (5) members. The Board members shall be appointed by the City Commission and shall serve without compensation and at the pleasure of said City Commission. All appointments shall be for a one (1)-year period. The members of said Board shall elect a chairperson, a vice-chairperson, and a secretary from its membership. The City Manager, City Building Inspector, City Attorney and such other officers and officials of the City as the Board may require shall be considered as advisors to the City Board of Adjustment and may be called upon from time to time to meet with said Board.

(B)

Substitute members.

1.

In case of the temporary absence or disqualification of any member of the Board of Adjustment, the chairperson of the Board shall have the right and authority to designate any member of the City Planning and Zoning Board to serve as a substitute on the Board of Adjustment during the continuance of such absence or disqualification; but no substitute shall serve in such capacity for a longer period than three (3) months, nor shall more than one (1) substitute member serve on the Board of Adjustment at any one time. The chairperson shall seek a temporary board member substitute from the Planning and Zoning Board in the following hierarchical order: Chairperson; vice-chairperson; secretary; and then a standard board member. In cases where substitutes are designated to serve for such limited periods, such fact shall be recorded in the official minutes of the Board of Adjustment before such substitute shall act in any matter presented to the board; and while serving, substitutes shall have the same powers as regular members.

(C)

Rules of procedure.

1.

The City Commission may establish and determine procedure before the City the Board of Adjustment, and such Board shall adopt reasonable rules and regulations consistent with the provisions of such ordinance for presentation of matters before such board, for notifying interested parties, for charging and collecting an application fee, for conducting and holding hearings, and for calling advisers and assistants from time to time.

(D)

Meeting with the Board.

1.

Meetings of the Board of Adjustment may be held once per month unless canceled by the Development Services Director or designee.

(E)

Powers and duties.

1.

The Board shall have the following powers:

a.

To hear and determine appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning regulations of the City.

b.

To hear and grant or deny such variances from the terms of any zoning ordinances of the City. To hear or deny such variances from the Code of the City as will not be contrary to the public interest or the general purposes sought to be accomplished by the zoning ordinances and where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinances will result in unnecessary hardship in the use of the property involved.

2.

In exercising said powers and duties, they shall not grant a variance unless:

a.

It shall be demonstrated that special conditions and circumstances exist which, if there is a literal and strict enforcement of the provisions of a zoning ordinance, would constitute a hardship or practical difficulty in the use of the property involved.

b.

Owner's preference or economic disadvantage does not constitute a hardship. A self-created hardship does not constitute grounds for a variance.

c.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands structures or buildings in other districts shall be considered grounds for a variance.

d.

It shall be demonstrated that special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other land or structures located in the same district.

e.

The Board shall find that the granting of the variance will not be contrary to the public interest or the general purpose sought to be accomplished by the zoning ordinances, is the minimum variance possible to make reasonable use of the land or structure, and shall not constitute that granting of a special privilege. In granting a variance, the Board may prescribe appropriate safeguards and conditions in conformity with the intent of the Code.

f.

In granting any variance, the Board shall record in its minutes the circumstances and conditions constituting the hardship or practical difficulties upon which the variance is based.

3.

The Board shall not have jurisdiction to consider any variance allowing any use of buildings or lands not permitted within any designated zoning classification.

(F)

Applications for variances and other appeals.

1.

Applications to the Board of Adjustment for variance or other appeals shall be filed with the Development Services Department on forms furnished by that department.

(G)

Proceedings on applications for variances or other appeals.

1.

Upon the filing of an application for a variance or other appeal in proper form and the payment of the appropriate costs to the City of Margate the procedure to be followed shall be in accordance with the following appropriate regulations:

a.

If the appeal is from a decision of an administrative officer in the enforcement of zoning regulations, said appeal shall be filed within thirty (30) days of the administrative officer's decision. A copy of the appeal shall be furnished to the administrative officer who shall within fourteen (14) days prepare a statement in writing of their interpretation of the ordinances or regulations governing same and their ruling thereof and shall furnish copies of such statement to the board of adjustment and to the manager of the City.

b.

In the event the appeal or application is filed for the purpose of seeking a variance to the terms of any zoning ordinance, all public notice requirements of Section 40.310 of this Code shall apply.

c.

Where an appeal or application is filed for the purpose of seeking a variance, and in addition to the foregoing, the date and time of the hearing shall be published at least ten (10) days prior to such hearing in a daily newspaper of general circulation in the municipality.

(H)

Decisions of the Board on variances or other appeals.

1.

The concurring vote of a majority of the members of the Board present shall be necessary to reverse any order, requirement, decision or determination of any officer or official upon zoning matters, or to grant a variance to the provisions of an existing zoning regulation.

2.

Orders and decisions of the board shall be in writing, one (1) copy of which shall be kept by the board, one (1) copy shall be forwarded to the City Clerk and shall become a public record, and one (1) copy shall be given to the applicant or appellant.

3.

A decision of the Board wherein a variance to a zoning regulation is granted or denied or a ruling of the administrative official charged with the enforcement of the zoning regulations is confirmed or overruled shall be final and binding unless an appeal is taken to the City Commission.

4.

Any aggrieved person or entity may appeal a variance or appeal a ruling of an administrative official if a request for an appeal is made with the City Clerk's Office within seven (7) days after the written decision of the Board of Adjustment is transmitted to the City Clerk. After action of the City Commission, the decision of the Board of Adjustment shall be deemed either confirmed or reversed. The affirmative vote of three (3) members of the City Commission shall be necessary in order to reverse the recommendation on the Board of Adjustment.

5.

Variances related to distance separation.

a.

When the Board of Adjustment takes final action with respect to a request for a variance relating to distance separation, an aggrieved person, or member of the City Commission may appeal the Board of Adjustment's decision to the City Commission by submitting a request for an appeal with the City Clerk's Office no later than two (2) weeks after the Board of Adjustment's decision has been rendered. If an appeal is filed, the City Commission shall conduct a Public Hearing on the appeal at its next available meeting. The affirmative vote of three (3) members of the City Commission shall be necessary in order to grant or deny the appeal of the Board of Adjustment's final action.

(I)

Time Limit.

1.

Where the Board of Adjustment has approved or granted a variance pursuant to the terms of the zoning ordinance, such approval or grant shall become null and void unless a permit pursuant thereto is issued within one (1) year of the date of such action by the Board of Adjustment.

(A)

Creation; appointment; terms; officers; advisors.

1.

A Planning and Zoning Board for the City of Margate is hereby created and established, consisting of five (5) members. The board members shall be appointed by the City Commissioners and shall serve without compensation and at the pleasure of said City Commission.

2.

All appointments shall be for a one-year period.

3.

The members of the said Board shall elect a chairman, a vice chairman, and a secretary from its membership.

4.

The City Manager, City Building Inspector, City Attorney, and such other officers and officials of the City as the Board may require, shall be considered as advisors to the City Planning and Zoning Board and may be called upon from time to time to meet with said board.

(B)

Meetings of the Planning and Zoning Board.

1.

Meetings of the Planning and Zoning Board shall be held once per month unless canceled by the administrative head due to no items being placed on the agenda. Meetings of the Planning and Zoning Board may be held at the call of the administrative head.

(C)

Rules of procedure.

1.

The City Commission may establish and determine procedure before the City Planning and Zoning Board, and such board shall adopt reasonable rules and regulations consistent with the provisions of such ordinance for presentation of matters before such board, for notifying interested parties, for charging and collecting an application fee, for conducting and holding hearings, and for calling advisers and assistants from time to time.

(D)

Duties generally.

1.

The duties of the Planning and Zoning Board shall be as follows:

a.

To act as the Local Planning Agency pursuant to F.S. 163.3164(30), as amended from time to time.

b.

To act in an advisory capacity and make recommendations to the City Commission on land development actions such as a change in zoning regulations, land use plan amendments, rezoning of land, and special exceptions.

c.

To study proposed City plans, as directed by the City Commission with a view to improving same so as to provide for the development, general improvement and probable future growth of the City and make recommendations to the City Commission relating to land development and new developments or for the adoption of a City comprehensive plan.

d.

To recommend approval or disapproval of all new plats, plat amendments and subdivision resurveys to be presented to the City Commission.

e.

To perform such other duties as may from time to time be assigned to such board by the City Commission.

(E)

Administrative head.

1.

The Director of Development Services or designee shall be designated as administrative head of the Planning and Zoning Board and perform all duties as required by this designation. The administrative head shall stand in an advisory capacity to the, the Planning and Zoning Board, the City Commission and the City Manager.

(F)

Substitute members.

1.

In case of the temporary absence or disqualification of any member of the Planning and Zoning Board, the Chairperson of the Planning and Zoning Board shall have the right and authority to designate any member of the City Board of Adjustment to serve as a substitute on the Planning and Zoning Board during the continuance of such absence or disqualification; but no substitute shall serve in such capacity for a longer period than three (3) months, nor shall more than one (1) substitute members serve on the Planning and Zoning Board at any one time. The Chairperson shall seek a temporary board member substitute from the Board of Adjustment in the following hierarchical order: Chairperson; vice-chairperson; secretary; and then a standard board member. In cases where substitutes are designated to serve for such limited periods, such fact shall be recorded in the official minutes of the Planning and Zoning Board before such substitute shall act in any matter presented to the Board; and while serving, substitutes shall have the same powers as regular members.

The purpose of this section is to establish the procedures to be utilized for quasi-judicial proceedings.

(A)

For all rezonings, variances, waivers, special exceptions, conditional uses, or other quasi-judicial determinations affecting zoning, or any quasi-judicial matter related to the Margate Comprehensive Plan, the applicant shall attend the scheduled quasi-judicial determination or be represented during same.

(B)

Failure to comply with subsection (A) may be grounds for denial for the above quasi-judicial determination.

(C)

The above statement shall be provided to each applicant for every quasi-judicial determination upon notice of the scheduled quasi-judicial hearing.

(A)

Definition. As used in this subsection, the term "land use matter" shall mean any zoning ordinance, or amendment to a zoning ordinance, any variance, any special exception, any conditional use, or any appeal from the determination of a zoning official.

(B)

Any member of the City Commission or any member of the Board of Adjustment, Planning and Zoning Board, or land planning agency, may discuss the merits of any land use matter with any individual, group or entity on which action may be taken outside of a hearing; however, the following must be adhered to:

1.

The substance of any communication regarding land use matters made outside of any City Commission, Board of Adjustment, Planning and Zoning Board, or land planning agency meeting which may come before the City Commissioner or board member at any meeting shall not be presumed prejudicial to the matter being considered if the subject of the communication to the member of the City Commission or board member, and the identity of the person, group or entity with whom the communication took place, is disclosed and made a part of the record before final action on the matter;

2.

Any member of the City Commission, Board of Adjustment member, Planning and Zoning Board, or land planning agency member may read any written communication from any person; however, a written communication that relates to any action which may come before the City Commission, Board of Adjustment, Planning and Zoning Board or land planning agency relating to a land use matter, shall not be presumed prejudicial to the determination of the action if such written communication is made a part of the record before final action is taken on the land use matter;

3.

Member of the City Commissioners, Board of Adjustment members, Planning and Zoning Board members and land planning agency members may conduct investigations and site visits, and may receive expert opinions regarding land use matters pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is made a part of the record before final action on the matter;

4.

Disclosures pursuant to subsections (1), (2), and (3) above must be made before or during the City Commission meeting, Board of Adjustment meeting, Planning and Zoning Board meeting or land planning agency where a vote is taken on the land use matter such that the persons who have opinions contrary to those expressed to the members of the City Commission, Board of Adjustment member, Planning and Zoning Board member or land planning agency member are given a reasonable opportunity to refute or respond to the communication.

The purpose of this section is to assure that all development activity in the City of Margate is concurrent, consistent and in substantial conformity with the City of Margate and the Broward County Comprehensive Plans; and to assure that no new development be approved unless there is sufficient capacity available at the prescribed levels of service established in the City of Margate Comprehensive Plan.

(A)

Every development requiring County adequacy determination must meet requirements set forth in Section 5-182 of the Broward County code.

An application for a development permit that is subject to concurrency review shall be accompanied by the following information in addition to any other requirements contained within the City Code.

(A)

Project description: Applicant, location, land use and zoning, density or intensity, project phasing and other pertinent information as determined by city staff to properly review the application.

(B)

Transportation system: An analysis performed by Broward County prepared in accordance with the Broward County TRIPS model, as amended from time to time.

(C)

Drainage, solid waste, water and wastewater: Documentation from the appropriate service provider regarding provision of services.

(A)

A request for a vested rights determination shall be made by the applicant in a letter to the City Attorney, with a copy of the letter simultaneously sent to the City Manager, the Development Services Director, the Mayor and each City Commissioner.

(B)

Accompanying the copy of the letter to the City Manager shall be a fee as set by resolution to cover the cost to the City for making the vested rights determination.

(C)

The letter requesting a vested rights determination shall state with specificity each and every reason and each and every fact upon which the applicant is relying in order to support its claim for a vested right, and the specific vested right that the applicant desires. The applicant shall also enclose with the letter, and all copies of the letter, all evidence and proof which it is relying upon to support its claim for vested rights.

(D)

The City Attorney shall review the letter and the evidence and proof submitted. The City Attorney shall be entitled to request all additional information that they believe is helpful to them and/or their staff in making the vested right determination. Such additional information requested can include, but is not limited to, the following: questions to the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, documents from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, affidavits from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant, taking sworn statements from the applicant and officers, directors, shareholders, employees, agents, and experts of the applicant and in meeting with the applicant or officers, directors, shareholders, employees, agents or experts of the applicant. In making the vested rights determination, the applicant or the applicant's officers, directors, shareholders, employees, agents and experts failure to provide what is requested from the City Attorney may be considered negatively toward the applicant's request for a vested rights determination or in a supplemental vested rights determination.

(E)

The City Attorney, once the information has been provided and once they are of the opinion that the vested rights determination can be given, shall provide a vested rights determination in writing. The applicant is limited to the information which has been provided. The applicant cannot provide new information without first requesting permission from the City Attorney to do so.

(F)

The written vested rights determination or supplemental vested rights determination of the City Attorney shall be sent via certified mail to either the applicant, its attorney or its agent.

(G)

The vested rights determination or supplemental vested rights determination remains final and binding upon the applicant unless the applicant appeals the City Attorney's determination within twenty (20) days of the date of the City Attorney's determination. In the event that the applicant fails to timely appeal the vested rights determination or, in the event of a supplemental vested rights determination fails to appeal the supplemental vested rights determination, of the City Attorney, it is conclusively presumed that the City Attorney's determination is final. In the event that the applicant desires to challenge the vested rights determination or supplemental vested rights determination of the City Attorney, the applicant must deliver to the City Manager by 4:00 p.m. within twenty (20) calendar days of the date of the City Attorney's determination a notice of appeal of the City Attorney's determination (if the twentieth (20th) day is on a Saturday, Sunday or legal holiday in which the City Manager's office is closed, then the appeal may be timely delivered on the immediate next business day that the City Manager's office is open). The notice of appeal shall be strictly limited to advising of the desire to appeal and the relief that the applicant is requesting. No further statements or argument are permitted in the notice of appeal.

(H)

The City Manager shall place this appeal on the agenda of a City Commission meeting on such date that the City Manager considers appropriate.

(I)

The City Commission shall consider the appeal at the City Commission meeting when the appeal is on the agenda, but the City Commission is permitted to table the appeal to such time as the City Commission considers appropriate. The City Commission is also empowered to request that the City Attorney obtain additional information from the applicant and officers, directors, shareholders, employees, agents and experts of the applicant. The City Commission is also entitled, should it so choose, to obtain input from the public concerning the vested rights determination. The applicant is not entitled to speak during the appeal unless the City Commission permits the public to speak or unless the City Commission permits the applicant to speak. In the event that the City Commission requests or solicits additional information, the matter shall be sent back to the city attorney for a supplemental vested rights determination in light of the additional information requested or given. When that supplemental vested rights determination is provided by the City Attorney, they shall provide notice as described in subsection (F), and that supplemental vested rights determination shall be described as indicated in subsection (G), and in the event of an appeal of that supplemental vested rights determination it shall be placed on the agenda as described in subsection (H), and shall be treated by the City Commission as described in this subsection.

(J)

When the City Commission makes its determination on the appeal, the appeal shall be based on the information in the record, which information is the information provided by the applicant, the information provided by staff, the information provided from all other sources which are in the record, and information provided by the City Attorney. In making the vested rights determination or supplemental vested rights determination, the applicant or the applicant's officers, directors, shareholders, employees, agents and experts failure to provide what is requested from the City Attorney or the City Commission may be considered negatively toward the applicant in its request for a determination. The determination of the City Commission in the appeal is final.

(K)

The applicant has not exhausted its administrative remedies until such time as it has complied with this procedure.

(A)

Trafficways. The procedure for the initial measuring of highway capacities is the Florida Department of Transportation Table of Generalized Daily Level of Service Maximum Volumes. 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 Broward County and the City Department of Environmental and Engineering Services. Alterations to capacity on the state highway network shall require the opportunity for FDOT review. Measurement of county and state roads shall be in accordance with the development review requirements of the Broward County Land Development Code, Sections 5-198 and 5-182, before a development permit is approved.

1.

Determination of concurrency for regional transportation network:

a.

The determination of concurrency with the regional transportation network shall be made by Broward County when a development is subject to concurrency review under the Broward County Land Development Code.

b.

The determination of concurrency with the regional transportation network for developments which are not reviewed under the Broward County Land Development Code shall be made by the City through the required traffic analysis.

c.

The determination of concurrency for impacts on City-maintained local and collector roads will be made by the City either at the time of platting for areas subject to the Broward County Land Development Code or at the time of site plan review for developments not subject to the Broward County Land Development Code through the required traffic analysis. Developments subject to concurrency shall design all local streets for level of service "C."

(B)

Potable water and wastewater. Measurement of potable water and wastewater facilities shall 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 Margate Comprehensive Plan.

(C)

Drainage.

1.

Measurement of drainage facilities shall be based on the water management district basin design standards. Variations may exist for specific parcels but the overall effect of an area's drainage system must meet established water management practices criteria.

2.

Where the City of Margate is not the service provider, the City shall rely on documentation provided by the applicable water control/improvement district. However, determination of concurrency for drainage capacity for building pads, streets and parking lots shall be the responsibility of the Department of Environmental and Engineering Services. The documentation shall identify:

a.

That the water control/improvement district will accept stormwater runoff from the proposed development;

b.

That the district has the capacity to satisfy drainage of the proposed development at the required level of service;

c.

That the district has improvements that will provide capacity at the required level of service;

d.

Conditions or phasing exist that the City should incorporate in its approval to ensure adequate capacity.

(D)

Solid waste. Measurement of solid waste shall be based on established generation rates in this Chapter and the design capacity of the landfill and the solid waste energy recovery facilities developed by the County, as set forth in the Margate Comprehensive Plan. The City shall rely on the obligations established in the City's franchise agreement for solid waste collection and disposal services to provide the required level of service.

(E)

Recreation. Measurement of recreation and open space shall be based on the requirement of three (3) acres per one thousand (1,000) residents.

(A)

No development activity may be approved unless it meets the following requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of development.

(B)

Notwithstanding the foregoing, the prescribed levels of service may be degraded during construction of new facilities in a specific area if upon completion of the new facilities the prescribed levels of service will be met.

(C)

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

1.

Adding together:

a.

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

b.

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 it meets the criteria of Section 40.344(A)(1) above.

2.

Subtracting from that number the sum of:

a.

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

b.

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.

(D)

The burden of showing compliance with these levels of service requirements shall be upon the developer. Applications for development approval shall provide sufficient and verifiable information showing compliance with these standards.

(A)

The Director of Development Services, through their duties and authority of chair of the Development Review Committee, shall be responsible for monitoring development activity to ensure the development is consistent with the City of Margate Comprehensive Plan.

(B)

Applications for all development permits shall be submitted to the Development Review Committee. Processing shall be in accordance with regularly scheduled meetings of the development Review Committee, Planning and Zoning Board and City Commission.

(C)

Compliance will be calculated and capacity reserved at time of final action of an approved site plan or enforceable developer's agreement for those concurrency matters within the authority of the City of Margate. Applications for development approval shall be chronologically logged to determine rights to available capacity.

(D)

The effective time limit for site plans shall be eighteen (18) months. An extension of one (1) year may be issued by administrative approval as provided by Section 40.301. At each annual renewal of public performance bonds, the City of Margate shall make a determination if the bonds shall be drawn upon for construction. Building and engineering permits shall have a concurrency time limit of one hundred eighty (180) days as long as construction and inspections continue and said construction is not idle for more than thirty-one (31) continuous calendar days after construction commences.

(E)

Development permits shall be processed to the fullest degree possible. If adequacy determinations of a project show unacceptable levels of service in any one (1) of the necessary public facility or service standards, the application(s) shall be denied until such time as capacity becomes available, or a revised application is submitted to, and accepted by the DRC.

(A)

Potable water. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for potable water as established in the potable water sub-element of the City of Margate Comprehensive Plan. The level of service standards for the City's potable water facilities is three hundred thirty-five (335) gallons per day (gpd) per equivalent residential ERC and provide minimum fire flow requirements with a residual pressure of twenty (20) pounds per square inch (psi). All other levels of service standards follow table shown under (B) wastewater.

(B)

Wastewater. 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 of Margate Comprehensive Plan. The level of service standard for the City's sanitary facilities is three hundred thirty-five (335) gallons per day (gpd) per equivalent residential connection (ERC). All other levels of service standards are as follows:

(C)

Transportation. 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 Traffic Circulation Element of the City of Margate Comprehensive Plan.

1.

The area of impact of the development (a traffic shed) shall be determined. The limits of the affected traffic shed shall be determined in accordance with the 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/County has designated sectors of the City 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.

2.

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 yet completed developments within the traffic shed. Information on committed development within the traffic shed shall be provided by Broward County.

(D)

Drainage. 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 of Margate Comprehensive Plan and chapter 17 of the City code.

1.

Subject/level of service.

Road protection. Residential streets with rights-of-way not greater than fifty (50) feet to have crown elevations no lower than the elevation for the respected area depicted on the ten-year "Flood Criteria Map." Rights-of-way greater than fifty (50) feet to have an ultimate edge of pavement no lower than the elevation for the respective area depicted on the ten-year "Flood Criteria Map."

Buildings. Floor elevation shall be consistent with the flood resistant development requirements of Section 17.10 of this code.

Off-site discharge. Not to exceed the inflow limit of SFWMD primary receiving canal or the local conveyance system, whichever is less.

Storm sewers. Design frequency minimum to be three-year rainfall intensity off the State DOT Zone 10 Rainfall curves.

Floodplain routing. Calculated flood elevations based on the ten-year and one hundred-year return frequency rainfall of three-day duration shall not exceed the corresponding elevations of the ten-year "Flood Criteria Map" and the "100-Year Flood Elevation Map."

Antecedent water level. The higher elevation of either the control elevation or the elevation depicted on the map "Average Wet Season Water Levels."

On-site storage. Minimum capacity above antecedent water level and below floodplain routing elevations to be design rainfall volumes minus off-site discharge occurring during design rainfall.

Best management practices (BMP). Prior to discharge to surface or ground water, BMPs will be used to reduce pollutant discharge.

(E)

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 of Margate Comprehensive Plan. A review of proposed capacity designs may be requested by the DRC.

(F)

Recreation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities in the recreation and open space element of the City of Margate Comprehensive Plan.

The City of Margate shall make determinations that there are adequate facilities to service the proposed development and that the proposed development will not degrade those facilities below the minimum level of service established herein. Development permits will be processed to the fullest degree possible. The City will make a concurrency determination for: (a) approval, (b) approval with conditions including phasing, (c) approval subject to further review of a subsequent development permit as allowed elsewhere in this article, or (d) denial with notice of the reasons for same. Approval of a development for concurrency does not remove any obligation a property owner or successor may have to satisfy other requirements contained within the City Code.

(A)

No building or structure not completed in substantial conformity with places and specifications upon which the building permit for its construction was issued, shall be maintained, or be permitted to remain, unfinished for more than six (6) months after active construction operations have been suspended or abandoned.

(A)

No boat, vessel, automobile or other vehicle shall be used or maintained for sleeping or living purposes or as a place of residence within the city.

(B)

No tent shall be erected, used or maintained for living quarters except for permitted camping or recreational activities.

(C)

No trailer, camper, recreational vehicle or mobile home shall be used or maintained as a residence unless same are validly in or a part of any properly zoned mobile home park or area designated for such residential use, and only if such vehicle is permanently connected to local utilities. It shall be determined that a camper, recreational vehicle, or trailer is being used as a residence if it is observed to have water, sewer, or electric services connected, slides extended, or stabilized.

(D)

The city manager may, upon receipt of a written request, exempt trailers, campers or mobile homes utilized for habitation where it has been determined that same is necessary for the preservation of life, health or public safety, at the site of any single-family residence determined to be uninhabitable or in conjunction with any circus, carnival or temporary amusement center if said circus, carnival or temporary amusement center is properly permitted and the habitation to be utilized therein does not endanger the health or safety of the individuals residing therein. Only one (1) trailer, camper or mobile home shall be permitted on a single-family residential property and must be located on the same property as that residence deemed uninhabitable. Such exemption shall be valid for a period not to exceed six (6) months. However, one (1) extension for an additional six (6) months may be sought via written request to the city manager. Upon approval of this exemption, all necessary permits shall be obtained from the Margate Building Department.

(E)

Temporary shelter exception. Pursuant to F.S. 166.0335, following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in F.S. 252.34(8) as may be amended from time to time during which a permanent residential structure was damaged and rendered uninhabitable, one (1) temporary shelter may be installed on a residential property for up to thirty-six (36) months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the following circumstances apply:

1.

The resident makes a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying for a building permit, submitting a plan or design to the municipality, or obtaining a construction loan.

2.

The temporary shelter is connected to water and electric utilities and does not present a threat to health and human safety.

3.

The resident lives in the temporary structure.

(F)

These provisions shall not apply to recreational vehicles within areas zoned RVRP Recreational Vehicle Resort Park District.

(A)

Abandoned or inoperative vehicles; storage of vehicles; unlawful. It is hereby declared unlawful and a nuisance to the general public to leave any abandoned or inoperative vehicle, as defined in Section 2.2 or 40.355 of the Zoning Code of the City of Margate, or any parts thereof, in the public streets, alleys, or rights-of-way or upon any private property. It is hereby prohibited for any owner or person in control of any vehicle or part thereof to leave same abandoned or inoperative upon the public streets, alleys, or rights-of-way or upon any other public or private property within the City of Margate, or for the owner or person in control of any such vehicle or the owner, occupant, tenant, lessee, person in control, or person in possession of any property to permit or suffer the same to be stored on any privately owned property, unless said vehicle is stored inside a completely enclosed structure or a designated storage area. Any such designated storage area shall be in a B-3, C, or M-1 district, and enclosed by an eight-foot concrete block wall stuccoed or precast concrete wall on any side visible from areas outside of the property where it is situated. No storage area or wall surrounding same shall be located in a required setback area.

1.

The above prohibition shall not apply to motor vehicles which are offered for sale in a lot or space specifically designated and zoned for the sale of new or used vehicles where adequate space has been provided for same and a Local Business Tax Receipt has been issued by the City of Margate.

2.

The above prohibition shall not apply to motor vehicles which are parked on private property zoned for vehicle repair while said vehicles are temporarily and actively being repaired by a business or concern which has been issued a Local Business Tax Receipt by the City of Margate provided they are in an area not visible from any roadways classified by Broward County Metropolitan Organization's Broward Highway Functional Classifications Map as local roads in a residential area or any arterial roadways.

(B)

Removal; notice to owner.

1.

Whenever a police officer or code enforcement officer of the City of Margate shall ascertain that an inoperative vehicle or an unlawfully stored vehicle, as provided in the zoning code, is present on public or private property, they shall cause a notice to be placed upon or immediately adjacent to such vehicle. Such notice shall be substantially in the following form:

"TO THE OWNER OR PERSON RESPONSIBLE: This vehicle located at (briefly describe location) is improperly stored and must be removed within five (5) business days. You have the right to a hearing before the City Manager or their designee for the purpose of showing cause why this vehicle should not be removed or disposed of. You must request a hearing not later than five (5) business days from this date. If you do not request a hearing within such time or if you do not show good cause, the City will remove and dispose of the vehicle. You, as owner or the person responsible for the vehicle, will be liable for the cost of removal and disposition.

Dated this ___ day of _______, ___. Signed (set forth name, title, address and telephone number of officer."

2.

The City Manager or their designee shall hold an informal hearing at the request of any person or entity claiming an interest in the posted vehicle within five (5) business days following the request, or at such later date as the City Manager or their designee shall determine, and where such request for a hearing has been received by the City within five (5) business days following the posting of notice, the vehicle shall not be removed by the City prior to the expiration of two (2) business days immediately following the hearing if the vehicle is determined to be inoperative. The purpose of such hearing is to provide an opportunity for the owner, or person or entity responsible for the vehicle to demonstrate that, in fact, the subject vehicle is not inoperative or unlawfully stored. Failure to request a hearing or failure to attend a scheduled hearing shall constitute a waiver of the right to a hearing and consent to the removal and disposition of the vehicle as inoperative. If a hearing is waived or if it is determined at or following a hearing that the subject vehicle is an operative vehicle, following a two-day period as above provided, the vehicle shall be removed by the City as soon as practicable, and shall be destroyed or otherwise disposed of.

3.

Where a police officer or code enforcement officer of the City of Margate has cause to place a notice, as provided in subsection (a) above, on a vehicle and the vehicle has been removed and thereafter the vehicle reappears either as an inoperative vehicle or unlawfully stored vehicle within a three-month period, he/she shall cause a notice to be placed upon or immediately adjacent to such vehicle. Such notice shall be substantially in the following form:

"TO THE OWNER OR PERSON RESPONSIBLE: This vehicle located at (briefly describe location) is improperly stored and must be removed within twelve (12) hours. You have the right to a hearing before the City Manager or their designee for the purpose of showing cause why this vehicle should not be removed or disposed of. You must request a hearing not later than twelve (12) hours from this date and time. If you do not request a hearing within such time or if you do not show good cause, the City will remove and dispose of the vehicle. You, as owner or the person responsible for the vehicle, will be liable for the cost of removal and disposition.

Dated this ________ day of _______, ___. Signed (set forth name, title, address and telephone number of officer.)"

The City Manager or their designee shall hold an informal hearing at the request of any person or entity claiming an interest in the posted vehicle within two (2) business days following the request, or at such later date as the City Manager or their designee shall determine. The purpose of such hearing is to provide an opportunity for the owner, or person or entity responsible for the vehicle to demonstrate that, in fact, the subject vehicle is not inoperative or unlawfully stored. Failure to request a hearing or failure to attend a scheduled hearing shall constitute a waiver of the right to a hearing and consent to the removal and disposition of the vehicle as inoperative. If a hearing is waived or if it is determined at or following a hearing that the subject vehicle is an operative vehicle, the vehicle shall be removed by the City as soon as practicable and shall be destroyed or otherwise disposed of.

4.

In respect to any vehicle removed and disposed of by the City, an administrative charge of twenty-five dollars ($25.00) shall be made, in addition to any cost actually incurred by the City, which charge shall be payable by the registered owner of the vehicle or any other person responsible for the vehicle. A bill shall be sent to such person's last known address by certified mail, return receipt requested, and any charge remaining unpaid after thirty (30) calendar days from receipt of the bill shall constitute a debt subject to collection by legal process. In addition, such unpaid charges shall constitute a lien against the private real property from which the vehicle was removed upon ten (10) calendar days' notice to the owner of said property to pay the bill for removal of the vehicle. The liens provided herein shall be prior to all other liens on such lands liened except for those for state, county, municipal or other governmental taxes. That upon an action for foreclosure, the City shall receive all costs including reasonable attorney's fees. Interest from the date of removal shall be calculated and charged at the rate provided for in F.S. § 170.09, as amended.

(A)

No person, firm or corporation shall maintain or continue to allow and maintain in any district provided in this chapter anything which shall in any way be offensive or obnoxious by reason of the emission of odors, gases, dust, smoke, vibration, glare, or noise (including the barking or howling of dogs, or any noise or odors emanating from any animal). Nor shall anything be constructed or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners or residents or the general community and any such conditions allowed to be maintained or constructed are hereby declared a nuisance to the general public.

(A)

No land which is zoned in a residential district shall be used for the storage of any equipment, machines, equipment or machine parts, building materials or construction equipment except when incidental to constructive operations for which a building permit is in effect. However, debris resulting from preparing the ground for building and/or building construction shall be removed and disposed of each week.

(A)

It is hereby promulgated and established a set of minimum exterior building and property standards relating to the maintenance of residential and nonresidential buildings and property within the City of Margate. All properties shall be maintained in accordance with the requirements of this article as well as the standards of the ICC Property Maintenance Code. These provisions shall apply to the exterior portion of every building or structure and its accessory structures, as well as any and all adjoining grounds, areas or other premises or undeveloped property in the city. In all situations where a provision of this article conflicts with other building, health, safety or zoning regulations, the more restrictive standard shall prevail. No person owning, leasing, occupying or having charge of any residential or nonresidential building or property within the limits of the City of Margate shall maintain any residential or non-residential building or property contrary to standards provided in this article.

(B)

Jurisdiction; enforcement. The City of Margate shall have jurisdiction to issue citations in which violations of this article are alleged pursuant to Section 1-8 of the City of Margate Code of Ordinances; provided, however, allegations regarding unsafe buildings and structures shall be administered in accordance with the procedures set forth in the City of Margate Code of Ordinances and/or the Florida Building Code, Broward County Edition, as amended.

(C)

Exterior maintenance of structure and premises.

1.

All exterior surfaces of buildings or sheds, excluding roofs, shall be properly maintained and protected from the elements by paint or other protective coating applied in a workmanlike fashion. Painted or protective coatings shall be uniform in color without blemishes throughout the exterior and shall be in accordance with the color palette of the City of Margate adopted by resolution. Trim paint shall be uniform in color and in accordance with the adopted color palette of the City of Margate without blemishes.

2.

Every foundation, exterior wall, window, roof and all other exterior surfaces shall be free of holes, cracks, breaks, loose or rotted wood and any condition which might allow rain or moisture, vermin, pests or insects to enter the interior portions of the walls or to the occupied spaces of any dwelling, commercial building or structure.

3.

Roofs shall be structurally sound, watertight and shall prevent rainwater or moisture from entering the walls, ceilings or any other portion of the dwelling, commercial building or structure.

a.

All building roofs and gutters shall be kept free of faded or chipped paint and shall be maintained in good repair and in good condition to prevent deterioration and must be cleaned (pressure and/or chemical), repainted or recovered with like material(s) when any exposed roof surface becomes discolored or is scaling.

b.

In the event a roof shingle or tile is replaced, the replacement shingle or tile shall be of the closest possible color and shade to the existing roofing shingles or tiles.

c.

A tarp or other temporary repair is permitted while a building permit application for roof is processing and while the permit is active. The building official is authorized to permit a tarp following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in F.S. 252.34(8) as may be amended from time to time.

4.

Fences, exterior walls, exterior doors, exterior windows, dumpster enclosures, decorative walls, perimeter hedges, playground equipment, trellis, swimming pools, screen enclosures, modular storage structures, and similar utility enclosures shall be maintained in a good state of repair.

5.

Each exterior wall surface of buildings and structures shall be kept free of faded or chipped paint and shall be maintained in a good state of repair and good condition to prevent deterioration, and must be cleaned (pressure and/or chemical), repainted or recovered with like material(s) any exposed surface becomes discolored or is peeling.

a.

All subdivision walls or walls separating residential areas from commercial areas shall be painted or have a finished surface and all concrete walls shall be stuccoed and painted on the side facing the property adjoining the property on which the wall is situated.

6.

Any awning or marquee and its supporting structural members shall be maintained in a good state of repair. Awnings or marquees made of cloth, plastic or of a similar material shall not show evidence of excessive weathering, discoloration, ripping, tearing or other damage.

7.

All signage shall be maintained in the originally permitted and constructed condition as required by this Code.

8.

Rubbish, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash and debris shall not be permitted on any premises, including sidewalks and swales in the right-of-way adjacent and accessible to the premises. This subsection shall not apply to garbage, trash and debris, which is containerized in approved receptacles for appropriate collection and removal.

9.

Dead and/or dying trees and limbs or other natural growth which constitute a health or safety hazard to persons or property shall be removed and replaced if required by city code requirements or site plan approval. Trees shall be kept pruned and trimmed to prevent the occurrence of a health or safety hazard as provided by Section 23-17 of the City of Margate Code of Ordinances. The pruning, trimming, removal, or replanting of, or mitigation to, a tree on residential property shall be in accordance with Section 23-20 of the City of Margate Code of Ordinances.

10.

Loose or overhanging objects which constitute a danger of falling on persons or property shall be removed.

11.

Ground surface hazards such as holes, excavations, breaks, projections, obstructions and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other portions of the premises shall be repaired or removed.

12.

Premises and adjacent swales shall be kept landscaped, irrigated with rust free systems, mowed and maintained in good repair. All landscaping on non-residential property shall be in compliance with the approved site plan.

13.

All off-street parking spaces shall be paved asphalt or constructed of concrete or block and shall have smooth surfaces in good repair and be in compliance with this Code.

14.

All walkways and sidewalks shall be regularly cleaned and maintained, and shall remain free of dirt, mold, mildew, or other substances that could create a trip or slip hazard.

(D)

Exterior building or structure color.

1.

Standards.

a.

The visible exterior of all new structures or any existing structure(s) or parts thereof including signs and sign structure(s) within all non-residentially zoned districts of the city (C, G, CC, B-1, B-2, B-2A, B-3, CF, M-1, M-1A, S-1, S-2, non-residential portions of a PUD, and any other zoning district which is hereinafter approved which is not exclusively residential), which is to be painted, repainted, surfaced, resurfaced or installed having the effect of establishing or changing the color, surface or appearance, (hereinafter referred to as painting), shall be approved only pursuant to the color palette of the City of Margate. The color palette shall be approved by resolution of the City of Margate.

b.

Any structure coming within the terms of this chapter, except as provided in subsection (iii), may seek a variance before the Margate Board of Adjustment.

c.

The Board shall approve, or disapprove, the painting of any structure(s) in a nonresidential district of the City. Approval shall be granted by the Board based upon the following:

i.

The location of the structure(s);

ii.

The size of the structure(s);

iii.

The architectural style of the structure(s);

iv.

Compatibility of the painting with surrounding structure(s);

v.

Compatibility with the official color palette adopted by resolution of the City Commission. Said compatibility shall not be the sole determining factor;

vi.

Such other factors as the Board determines will have on the aesthetics of the City of Margate.

d.

For the purposes and procedure provided in this subsection, both white, black and the absence of color, or any other surface or appearance shall be considered as painting, subject to this section.

e.

Fee. There shall be a fee established by resolution by the City of Margate for each application for color palette waiver.

2.

Uniform sign plans. All uniform sign plans as provided for in Section 40.706 of this Code shall be considered, pursuant to subsection (1) of this section.

3.

Exemption.

a.

All painting for buildings or structures within a non-residentially zoned parcel whose exterior has conformed to the official color palette approved pursuant to Ordinance No. 1500.470 at the time of the adoption of Ordinance No. 1500.499, [Oct. 6, 2004,] shall not be required to comply with subsection (1) of this section within the two-year amortization period as provided for in subsection (3) of this section.

b.

All signs erected pursuant to an approved uniform sign plan shall not be required to be approved, pursuant to this section on an individual basis.

4.

Exemptions for posting. Approvals or appeals for approvals for exterior building or structure painting shall not be required to post a sign as provided under Section 40.706 or provide mail notification as provided under Section 40.310 of this Code.

5.

Any aggrieved person or entity may appeal a decision made pursuant to subsection (1) to the City Commission if a request for an appeal shall be made with the City Clerk's office within seven (7) calendar days after the written decision of the applicable board is transmitted to the City Clerk. After action of the City Commission, the decision of the applicable board shall be deemed either confirmed or, depending on the motion, reversed. The affirmative vote of three (3) members of the City Commission shall be necessary in order to reverse the recommendation of the applicable board. No person or entity aggrieved by the grant or denial of any variance, special exception, appeal of the ruling of any administrative official, or any other quasi-judicial determination made by the applicable board may apply to the court for relief unless he/she has first exhausted the remedies provided for herein and taken all available steps provided for in this section.

(E)

Trash container areas.

1.

All trash container areas shall be maintained in a manner which prevents the accumulation of trash, debris, rubbish and litter by providing sufficient dumpsters and sufficient frequency of trash pickups.

2.

In the case of single-family residences, trash containers shall be set out no earlier than 5:00 p.m. the day before the designated pick-up and left out no longer than 8:00 p.m. the designated day of pick-up.

a.

When not out during pick-up, trash containers shall not be stored in the following locations:

i.

In front setbacks. For the purposes of this section, the front setback of a home is considered to be the setback where the home has its primary entrance and fronts the adjacent road.

ii.

Street side setbacks unless screened by a wall or privacy fence.

3.

All new dumpsters, existing dumpsters, including dumpsters for recycling material, and other containers shall be constructed and shall be located and maintained in such a manner so as to provide screening from public view as required by Section 40.704.

4.

All dumpster locations shall allow pick up and emptying without impact to traffic flows and inconvenience to residents.

(F)

Accumulation of stagnant water.

1.

No person owning, operating or having possession of any property within the city shall allow the accumulation of stagnant water in excess of two (2) inches for a period of exceeding twenty-four (24) hours following the cessation of the most recent measurable rainfall. Roofs or other structures or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of said roof, structure or improvement or other governing codes.

(G)

Parking and paved areas.

1.

It shall be the responsibility of all persons to maintain all parking and paved areas including curbs and wheel stops in a neat and clean condition. In addition, all parking and paved areas shall be maintained in a good state of repair, which shall include proper drainage and the routine cleaning/clearing of French drains to prevent the accumulation of pools of water and the correction and removal of all ruts, potholes, and broken pavement. In parking areas, the parking spaces shall be maintained in a manner which clearly delineates said spaces and shall include maintenance of parking space striping, directional markings, stop bars, or other indicators. Wheel stops, curbing and any other paved surfaces shall be free of breaks, cracks and other deficiencies. Additionally, all parking areas shall be maintained in the original constructed condition as required by this Code. This section shall apply to all paved areas, including, but not limited to, parking areas and ingress or egress driveways. Additionally, a building permit shall be required for all resurfacing, resealing, restriping, and replacement of parking areas. An Engineering Permit shall be required if excavation of base-course material will occur to repair areas that include not limited to settlement, washout, or utility damage.

(H)

Landscaping maintenance requirements.

1.

All owners of land shall be responsible for the maintenance of all landscaping. This includes mowing and maintaining abutting rights-of-way, swales, lake and canal banks. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a manner and at a frequency so as not to detract from the appearance of the general area. Landscaping shall be maintained such that it will not cause property damage and public safety hazards, including removal of living, dead or decaying plant material, removal of low hanging branches below eight (8) feet when over sidewalks and landscaped areas and below fourteen (14) feet when over roads or other vehicular use areas and those obstructing street lighting. Landscaping shall be maintained in accordance with the following standards:

a.

Insects, disease, etc.: Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition.

b.

Mulching: Three (3) inches of clean, weed-free, appropriately sterilized organic mulch shall be maintained over all areas originally mulched at all times until landscaped area matures to one hundred (100) per cent coverage.

c.

Turf edge trimming: All roadways, curbs and sidewalks shall be edged to prevent encroachment from the adjacent turfed areas.

d.

Maintenance of irrigation systems: Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system and shall not be installed or operated to place water on roads.

e.

Replacement requirements: An owner is responsible to ensure that living materials are replaced with like material if such living material or trees die or are abused.

f.

Removal of root systems: Removal of root systems which show evidence of destroying public or private property is required.

g.

Tree abuse: Tree abuse is prohibited within the City in accordance with Section 40.704.

h.

Tree pruning:

i.

All owners of land must prune trees in accordance with the National Arborist Association Standards. Any pruning performed without conformance to the National Arborist Association Standards shall be subject to enforcement by the city.

ii.

All tree pruners or removers that provide services for a fee within the City of Margate shall hold a valid occupational license in either Broward, Palm Beach, or Miami-Dade Counties.

iii.

The pruning of fruit trees is exempt from the requirements of this subsection.

(I)

Maintenance of swales.

1.

Maintenance responsibility: It shall be the responsibility of the adjacent property owner to maintain the swale area to the following minimum standards:

a.

Free of debris; and

b.

Grass and or weeds cut no higher than six (6) inches and edged away from the sidewalk and roadway; and

c.

Shrubs shall be kept trimmed to a height not to exceed twenty-four (24) inches and provide unrestricted visibility at driveways and street intersections. Shrubs shall be trimmed to prevent encroachment into adjacent sidewalks and streets; and

d.

Overhanging branches of trees shall be pruned to provide a vertical clearance of eight (8) feet above the sidewalk, and a minimum vertical clearance of fourteen (14) feet above the road; and

e.

The swale shall be kept free and clear of prohibited species, as set forth in this Code.

(J)

Maintenance of canal right-of-way or easements.

1.

No owner of land or any persons in their employ or under their control shall deposit in any of the waters of the lakes, ponds, canals, ditches or waterways within the city, any rubbish, filth, construction debris, litter, garbage, grass cuttings or poisonous or deleterious substance or substances liable to affect the health, safety and welfare of persons or fish within the waterways. It shall be the responsibility of the property owner to maintain the appearance of the canal right-of-way, easement or waterway area to the following minimum standards:

a.

Free of debris; and

b.

Grass and or weeds shall not exceed six (6) inches; and

c.

Overhanging branches of trees shall be pruned to a height of at least twelve (12) feet from the water surface of the canal and be free and clear of the waterway, and

d.

The canal right-of-way or easement area shall be kept free and clear of prohibited species, as defined in the Code of the City of Margate.

e.

All canals, lakes and other bodies of water shall be kept free of nuisance aquatic plants and in no instance shall any body of water have a surface covering of any type or species of aquatic plant.

(K)

Boarded up buildings.

1.

The City recognizes that from time to time it may be necessary to secure real property because of abandonment, disrepair, public hazard or natural disaster. Unsecured property can lead to vandalism problems, occupancy safety problems and appearance problems. The City feels it is necessary to create certain criteria for securing structures.

a.

Real property may be secured via boarding up windows, doors, or other openings upon the requirement of the building official, fire official, code officers or by a private party, for the purpose of ensuring public safety and protecting private property, provided a permit is issued by the city prior to securing a property.

b.

Any means of securing a property, including crime prevention devices, shall be subject to review by the building official for safety and compliance with the building code. In no instance shall safety bars, grating, or other similar apparatus be allowed over any window, door, or other opening of any building.

c.

The owner of any structure shall promptly repair any broken door or window so that a temporary boarded up condition is limited. A building permit to replace the door(s) or window(s) shall be obtained within thirty (30) days of notice being made by the City. A temporary board up is permitted while a building permit application to replace the window(s) or door(s) is processing and while the permit is active.

i.

The building official is authorized to permit a board up following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in F.S. 252.34(8).

d.

Any device (including wood or approved hurricane shutters) used for the securing of a property during a declared hurricane or tropical storm shall be removed no later than ten (10) calendar days after the lifting of any hurricane or tropical storm warning or watch.

(L)

Determination of need for correction.

1.

Structures and properties failing to meet the standards for a non-blighting influence will be considered "deficient." A blighting influence on the surrounding neighborhood in violation of this article exists when a deficiency or combination of deficiencies represents more than twenty-five (25) per cent of the area on any wall, exterior premises, structure, roof or paved surface as viewed from any single vantage point off the property.

(M)

Repairs and installations.

1.

Repairs and installation shall be made so as to comply with the Code of the City of Margate and the Florida Building Code, and/or the approved site plan. All work shall proceed in a timely fashion and be done in workmanlike manner.

(N)

Violation.

1.

The City shall enforce this article as set forth in section 1-8 of the City of Margate Code of Ordinances.

(O)

Foreclosure real property and abandoned personal property.

1.

Purpose and intent. It is the purpose and intent of the City Commission to amend the process to limit and reduce the amount of abandoned personal and real property in foreclosure located within the City. It is the City Commission's further intent to amend the foreclosure property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties subject to foreclosure.

2.

Applicability. This article shall be considered cumulative and not superseding or subject to any other law or provision for same but shall rather be an additional remedy available to the City above and beyond any other state, county and/or local provisions for same.

3.

Penalties. Any person who violates the provisions of this article shall, upon conviction, be punished as provided in Section 1-8.

4.

Placement of abandoned personal property prohibited.

a.

It shall be unlawful for any person to abandon personal property upon private property:

i.

Without receiving the property owner's consent; or

ii.

In violation of this or any other applicable law, ordinance or regulation.

b.

Nothing in this section shall be deemed to apply to abandoned personal property authorized to be left on private business property properly operated, licensed and zoned in the city for the purpose of accepting abandoned property.

5.

Public nuisance. All abandoned personal property and foreclosure real property is hereby declared to be a public nuisance, the abatement of which is hereby declared to be necessary for the health, welfare and safety of the residents of the city.

6.

Notification procedure. When an enforcement officer ascertains that an article of personal property having nominal salvage value lies abandoned or derelict upon private property, that officer shall:

a.

Cause a notice to be placed upon such abandoned property in the substantially following form (such notice shall be not less than eight (8) inches by ten (10) inches and be sufficiently weatherproof to withstand normal exposure to the elements):

"NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY THIS PROPERTY, TO WIT: (setting forth brief description)

LOCATED AT: (setting forth brief description of location) is:

IMPROPERLY STORED AND IS IN VIOLATION OF (setting forth ordinance or violation violated)

AND MUST BE REMOVED WITHIN TEN (10) CALENDAR DAYS FROM THE DATE OF THIS NOTICE; OTHERWISE, IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE GOVERNING BODY OF THE CITY OF MARGATE, FLORIDA

DATED THIS: (setting forth the date of posting of notice).

SIGNED (setting forth name, title, address and telephone number of enforcement officer.)"

b.

The enforcement officer shall also make reasonable effort to ascertain the name and address of the owner of the abandoned property and, if such address is reasonably available, the officer shall mail by certified mail a copy of the notice to the owner on or before the date of posting the above-described notice on the abandoned personal property.

c.

The enforcement officer shall mail, by certified mail, a copy of the above-described notice to the owner of the real property upon which the abandoned personal property is located, as shown by the real estate tax records used by the county, on or before the date of posting such notice.

7.

Removal of abandoned personal property.

a.

If at the end of ten (10) calendar days after posting notice under this article, the owner or any person interested in such abandoned personal property described in the notice has not removed same, the enforcement officer may cause the article of abandoned personal property to be removed and destroyed or sold, and the salvage value, if any, of such article shall be retained by the local government to be applied against the cost of removal and destruction thereof.

b.

Before sale or destruction, as determined by the City of Margate, any owner or lienholder of the abandoned personal property shall be permitted to regain possession thereof upon proof of ownership or lien rights entitling the lienholder to possession, upon payment of storage charges and all expenses incurred by the enforcement officer and/or the City.

8.

Registration of foreclosure property.

a.

Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property that is the security for the mortgage, upon issuance of a notice of default. The mortgagee shall, within ten (10) calendar days of the inspection, register the property with the code compliance unit of the City of Margate, or designee.

b.

Properties shall be inspected by the mortgagee or designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within ten (10) calendar days of that inspection, update the property with the code compliance unit of the of the City of Margate, or designee.

c.

Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortgagee and, in the case of a corporation or out-of-area mortgagee, the local property management company responsible for the security and maintenance of the property.

d.

A non-refundable semi-annual fee in the amount of three hundred dollars ($300.00) shall accompany the registration form. Fees shall be tendered in U.S. dollars.

e.

Each individual property on the Registry that has been registered for twelve (12) months or more prior to the Effective Date shall have thirty (30) calendar days to renew the registration and pay the non-refundable three hundred dollars ($300.00) Semi-Annual Registration fee. Properties registered less than twelve (12) months prior to the Effective Date shall renew the registration every six (6) months from the expiration of the original registration renewal date and shall pay the non-refundable three hundred dollars ($300.00) Semi-Annual Registration fee.

f.

If the mortgage and/or servicing on a property is sold or transferred, the new Mortgagee is subject to all the terms of this Section. Within ten (10) calendar days of the transfer, the new Mortgagee shall register the property or update the existing registration. The previous Mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Mortgagee's involvement with the Registrable Property.

g.

If the Mortgagee sells or transfers the Registrable Property in a non-arm 's length transaction to a related entity or person, the transferee is subject to all the terms of this Chapter. Within ten (10) calendar days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the Mortgagee was at the time registration was required, including, but not limited to, unregistered periods during the Foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Mortgagee's involvement with the Registrable Property.

h.

This section shall also apply to properties that have been the subject to a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

i.

If the Foreclosure Property is not registered, or the registration fee is not paid within thirty (30) calendar days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten (10) per cent of the Semi-Annual Registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.

j.

Properties subject to this remain under the semi-annual section shall registration requirement, security and maintenance standards of this section as long as they remain Registrable Property.

k.

Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten (10) calendar days of the change.

9.

Maintenance requirements.

a.

Properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

b.

The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

c.

Visible front, side and rear setbacks shall be landscaped and maintained to the neighborhood standard at the time registration was required. All rear setbacks shall be maintained such that they do not attract wildlife such as rats, raccoons, stray cats, etc.

d.

Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

e.

Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing of required landscape and removal or all trimmings.

f.

Pools and spas shall be kept in working order so the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the City Code of Ordinances and Florida Building Code, as amended from time to time.

g.

Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of the City Code and citation by the City's code compliance unit. Pursuant to a finding and determination by the special magistrate, the City may take the necessary action to ensure compliance with this section.

10.

Security requirements.

a.

Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

b.

A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure. Broken windows shall be secured by reglazing.

c.

If the property is owned by a corporation and/or out-of-area mortgagee, a local property manager or management company shall be contracted to perform monthly inspections to verify compliance with the requirements of this section, and any other applicable laws.

d.

The local property management company shall inspect the property on a monthly basis to ensure that the property is in compliance with this chapter and keep a log of same. Said log shall be produced to the City of Margate upon request.

e.

Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of the City Code and citation by the City's code compliance unit pursuant to a finding and determination by the special magistrate, the City may take the necessary action to ensure compliance with this section.

11.

Opposing, obstructing enforcement officer; penalty. Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this article, upon conviction shall be punished as provided in Section 1-8.

12.

Immunity of enforcement officer. Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon real property while in the discharge of duties imposed by this article.

13.

Additional authority. The City's Code Compliance Unit shall have authority to require the mortgagee and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any and all door, window or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property.

14.

Adoption of rules; expenditure of funds; declaration of city purpose. The governing body is authorized and empowered to adopt rules and regulations and expend City funds as may be reasonably necessary and available to carry out the terms of this article, the expenditure of such funds being declared a proper city purpose.

(A)

Provisions regarding applying certain types of comprehensive plan flexibility.

1.

Intent and purpose: The City has a limited amount of flexibility available pursuant to its comprehensive plan, Broward Next with policies clarified within the Broward Next Administrative Rules document. The advantage to utilizing flexibility is to encourage development the City deems desirable in terms of increasing employment, raising the tax base, or providing other benefits. The chief advantage to utilizing flexibility is that it shortens the time otherwise needed for regulatory review and approvals needed to obtain building permits. All decisions approving the utilization of flexibility, as well as decisions to waive or not apply a provision of this section in connection with such approval, shall be evidenced by a resolution which was considered and approved by the City Commission.

2.

Commercial-residential flex allows for up to twenty (20) per cent of the lands designated commercial to be converted to residential land use to allocate flexibility, reserve or redevelopment units.

a.

The City, by recommendation of the Development Review Committee, may allocate flexibility, reserve or redevelopment units per the requirements set forth in the City's Comprehensive Plan and established within Broward Next. Flexibility units equal the difference between the number of units allowed on the Broward County Land Use Plan and the City's Future Land Use Plan Map. Reserve units equal two (2) per cent of the total units allowed per the City's certified land use plan map. Redevelopment units can be requested by a municipality to allocate residential units within the municipality in locations the City desires additional density. The City shall maintain a table of these units and update the table annually.

b.

Process to complete the allocation of these units:

i.

An applicant must request to allocate these units to a specific process through an application provided by the City;

ii.

The applicant shall provide a School Capacity Availability Determination (SCAD) report from the School Board of Broward County;

iii.

The applicant shall also show compliance with the requirements set forth in this chapter, the City's Comprehensive Plan and requirements within the Administrative Rules Document of Broward Next;

3.

Residential-neighborhood commercial flex allows for up to five (5) per cent of the area designated residential within a flexibility zone to neighborhood commercial land use.

a.

The City will consider allowing flexibility under this provision only for low intensity neighborhood offices, neighborhood retail sales of merchandise, or neighborhood retail sales of services which are limited in hours, which are compatible with residential uses, and which do not tend to create compatibility conflicts as a result of noise, odors, or high traffic generation.

4.

Industrial-limited commercial flex allows for up to twenty (20) per cent of the lands designated industrial to be converted to commercial land use.

a.

The City will consider allowing flexibility to utilize up to twenty (20) per cent of industrial land use for commercial flex if acreage is available per the requirements set forth in the City's Comprehensive plan and Broward Next.

5.

For any allocation of flexibility, the City shall review the application for completeness with all of the requirements set forth in the City Code and Broward County Next regulations;

a.

The City shall prepare a staff report detailing whether the application meets the appropriate requirements;

b.

The City Commission shall review the City staff report including all of these requirements as well as those set forth in the City's Comprehensive Plan;

c.

The approval shall be completed as part of a site plan process;

d.

The allocation of this flexibility shall be allocated at the time of site plan approval. If the site plan expires, the flexibility allocated to the site plan will be null and void and shall go back to the City's allocation so that the flexibility can be reallocated to another site plan approval.

e.

Criteria to consider and approve this application:

i.

The project should be consistent in scale, building height, mass, and elevations with the predominant nearby residential buildings

ii.

If there is a change in population, socio-economic factors, or physical development of property near or affecting the subject property, which change was unforeseen or unanticipated, and which change has created a present problem or opportunity that justifies utilizing the flexibility;

iii.

Whether the project as proposed offers significant benefits not otherwise available to the city if the city's land development regulations were otherwise followed;

iv.

The extent to which the project contributes to the tax base, adds employment, and provides other positive economic impacts;

v.

The extent to which the project impacts public services (e.g., fire, EMS, school, police, water, wastewater, and other services), and generates negative secondary effects of odors, fumes, noise, traffic, or crime;

vi.

The extent to which the property has potential to be developed in a desirable manner under its present land use and zoning scheme without the application of flexibility and whether such foreseeable development is or is not more beneficial to the community;

vii.

The nature and types of uses surrounding the subject property and whether the development proposal is compatible and complements those uses;

viii.

Specific goals, objectives or policies of the City Comprehensive Plan and other City plans that are consistent or inconsistent with the development proposed;

ix.

The extent to which the type of flexibility proposed to be utilized will remain available for future use by the City under this section's requirements and under any possible regulatory scheme;

x.

The extent to which the utilization of flexibility serves or does not serve the public's health, safety, or welfare;

xi.

The future land use and needs of the community; and

xii.

Such other policy considerations that may not be set forth above but which are nonetheless considered by the City governing body to be reasonable and appropriate under the circumstances.