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Miramar City Zoning Code

CHAPTER 1

AUTHORITY1


Footnotes:
--- (1) ---

Editor's note— Ord. No. 16-04, § 2(Exh. B), adopted Jan. 27, 2016, repealed Ch. 1, §§ 101—104. Section 1(Exh. A) of said ordinance reenacted Ch. 1, §§ 101—109, as set our herein. Former Ch. 1 pertained to purpose and applicability. See Code Comparative Table for historical derivations.


Sec. 101.- Title.

This Code of the City of Miramar Land Development Regulations shall be entitled and may be referred to as the Land Development Code ("LDC" or "Code").

(Ord. No. 16-04, § 1(Exh. A), 1-27-16)

Sec. 102. - Authority and Purpose.

This Land Development Code is enacted pursuant to the requirements and authority of the Community Planning Act, F.S. Ch. 163, Part II and the general powers confirmed in F.S. Ch. 166 (Municipalities) and the Article VIII, Section 2, Florida Constitution of 1968.

The purpose of this LDC is to implement further the Comprehensive Plan ("the Plan") of the City by establishing regulations, procedures and standards for review and approval of all development and use of land and water in the City in addition to and in more detail than those in the Plan. Further, this LDC is adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the City. It is the intent of this Code that the development process in the City of Miramar be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and the consideration of the interests of the citizens of the City.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16)

Sec. 103. - Applicability.

103.1. General Applicability. Unless otherwise permitted as an exception under Section 103.2 or allowed to continue as a nonconforming use, all existing, proposed and new development and uses of land in the City of Miramar shall conform strictly to the provisions of this Code. Except as expressly provided in this Code, no development or use of land shall be undertaken without prior approval and issuance of a development order, development permit or decision, pursuant to the provisions of this LDC. The fact that a development order, permit or decision has been issued by an officer or employee with ostensible authority over the interpretation or enforcement of this Code shall not estop or otherwise prevent the City from strict enforcement of the provisions of this Code.

103.2. Exceptions.

103.2.1. The provisions of this LDC and any amendments hereto shall not affect development which has been previously approved and is otherwise exempted in accordance with the provisions of this subsection, or the nonconformity section of this Code, unless explicitly stated in such provision or amendment to the contrary.

103.2.2. The provisions of this LDC shall not affect development, or portions thereof, which has gained a vested right to complete development pursuant to Florida law, prior to January 20, 2016. Upon completion of such vested development, or portions thereof, each non-vested and vested development project with regard to future development expansion or redevelopment will be subject to the then currently effective provisions of this Code.

103.2.3. Notwithstanding anything to the contrary in this Code, properties zoned "PUD" (Planned Unit Development) prior to the effective date of this Code shall be permitted to complete development of the portion(s) of the project having a valid and current Conceptual Development Plan ("CDP") that includes specific land development standards adopted by the City Commission. If no such conceptual development plan exists, or such plan has expired, such development shall conform to the provisions of this Code. Modifications to an approved conceptual or Master Development Plans ("MDPs") shall be approved in accordance with sections 103.3.2, 310 (specifically 310.1(b) and 311 of this Code.

103.3. Vested Rights.

103.3.1. Vested Rights Determination. Any property owner that claims vested rights with respect to changes in the City's laws and regulations may seek a vested rights determination through a zoning confirmation letter approved by the Director and the City Attorney or through hearing as provided by the Code of Ordinances.

103.3.2. Modifications to vested development orders.

(a)

Any development order determined to be valid and vested pursuant to provisions of this LDC, or pursuant to any vested rights procedure pursuant to this LDC, may be modified and approved by one of the following procedures based on the criteria stated herein: Administrative approval by the Community Development Department Director, or final site plan approval by the City Commission, both with the advice of the Development Review Committee.

Modifications shall not be permitted which would permit a use not otherwise permitted within a zoning district, permit a conditional use as a use permitted by-right, or violate the provisions of nonconforming uses and structures adopted in section 406.

Any change to a vested development order which would normally require the granting of a variance prior to receiving final site plan approval shall be processed to the City Commission. The Commission at its discretion shall determine the extent to which the site must comply with the development standards in effect at the time the variance would be granted.

(b)

Modifications to vested development orders requiring administrative approval. Notwithstanding anything to the contrary in the LDC, the following changes shall be approved administratively by the Community Development Department Director after review by the Development Review Committee ("DRC"). These developments may proceed according to the development standards in effect at the time the vested rights were established:

(1)

Any increase in the average and/or minimum lot size of a zoning pod within an approved residential zoning parcel;

(2)

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

(3)

Any qualified site plan exemption pursuant to Chapter 3;

(4)

Any minor amendments/alterations to approved conditional uses pursuant to Chapter 3; or

(5)

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

Any change set forth in this subsection that is also identified in section 103.3.2(c) shall be governed by that later provision.

(c)

Modifications to vested development orders requiring final site plan approval. The following changes shall be required to obtain final site plan approval by the City Commission pursuant to Chapter 3 and shall comply with the development standards in effect at the time the project will receive such approval.

The un-built portions of the applicable zoning parcel(s)/pod(s) sought to be modified shall comply in its/their entirety with the aforementioned development standards, however, the changes shall not be applied to other specifically delineated pods/parcels within a master planned development and/or plat which are not being modified:

(1)

Any change in zoning district;

(2)

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

(3)

Any decrease in the setbacks of proposed structures;

(4)

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

(5)

Any increase in the height of a structure;

(6)

Any decrease in the number of parking spaces; or

(7)

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

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 104. - Official Zoning Map.

104.1. Adoption of the Official Zoning Map. The City of Miramar is divided into zones or districts, as shown on the Official Zoning Map and described in section 401 of this Land Development Code. The zoning map, together with all explanatory matter thereon, shall be considered a part of this LDC. The zoning map is the official record of zoning status of areas within the City. A copy shall be maintained by the Community Development Department, and is available for review on the City's official website. The boundaries of the various zoning districts are hereby established as shown on a map entitled "The Zoning Map of the City of Miramar." The Official Zoning Map shall bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 104 of the Land Development Code of the City of Miramar, Florida" together with the date of adoption.

104.2. Amendments to the Official Zoning Map. Amendments to the Official Zoning Map shall be made in accordance with the procedures and standards of this Code, specifically as set forth in sections 301 and 304. An amendment to the zoning map does not need an amendment to this LDC that textually recognizes the amendment to this Section or the Code, except for the notation to be placed on the zoning map as set forth in Section 104.1. Any amending ordinance shall provide that such changes or amendments, including rezoning of a parcel of land, shall not become effective until thirty (30) days from the date of rendition of the ordinance, and if appealed or otherwise judicially contested, until resolution of any judicial contests or appeals. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be stored in the Community Development Department when not in use and readily available to the public, shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the City.

104.3. Recording Amendments. The change or amendment shall be duly recorded within five (5) business days after the 30-day period has expired and resolution of any judicial contests or appeals. No zoning changes shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Code and punishable as provided in this Code, the Miramar City Code of Ordinances, or Florida Statutes.

104.4. Replacement. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Commission may adopt a new, or replacement, Official Zoning Map which shall supersede the prior Official Zoning Map. The new map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment. The new Official Zoning Map shall be identified by the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Land Development Code of the City of Miramar, Florida." Unless the prior map has been lost, or has totally been destroyed, it shall be preserved together with all available records pertaining to its adoption or amendment.

104.5. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(a)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(b)

Boundaries indicated as approximately following platted lot lines shall be so construed.

(c)

Boundaries indicated as approximately following city limits shall be so construed.

(d)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(e)

Boundaries indicated as following shorelines shall be construed to follow the high water mark and in the event of change in the shoreline shall be construed as moving within the high water mark; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other water bodies shall be construed to follow such centerlines.

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale shown on said zoning map.

(g)

In cases where the actual location of physical features varies from those shown on the Official Zoning Map, or in other circumstances not covered by subsections (a) through (f) above, the City Commission shall interpret the district boundaries.

104.6. Water Areas. All areas within the City which are under water and not shown as included within any zoning district shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries.

104.7 Vacations; Built-Up Land. Whenever any street, alley or other right-of-way is vacated by official action of the City Commission, the use district and area regulations governing the property abutting upon each side of such street, alley or right-of-way shall be automatically extended to the center of such vacation and all area included within the vacation shall thereafter be subject to all appropriate regulations of the extended use districts. In all cases where land is built up by fill, reliction, or accretion, upon areas formerly under water, the use district and area regulations applying to the land immediately adjoining or upland of such built-up land shall be automatically extended thereto.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 105. - Comprehensive Plan.

105.1. Purpose. The City of Miramar Comprehensive Plan was adopted and amended pursuant to the requirements and authority of the Community Planning Act, F.S. Ch. 163, Part II, and all other applicable regulations. The purposes of the Plan are defined in F.S. Ch. 163 and the Plan.

105.2. Adoption of Comprehensive Plan. The City's Comprehensive Plan consists of the one volume book entitled Comprehensive Plan - Goals, Objectives and Policies To Guide Future Growth and Community Improvement, which includes nine (9) elements and four (4) sub-elements entitled Future Land Use Element, Transportation Element, Housing Element, Potable Water/Aquifer Recharge Sub-Element, Sanitary Sewer Sub-Element, Solid Waste Sub-Element, Stormwater Management Sub-Element, Conservation Element, Recreation and Open Space Element, Intergovernmental Coordination Element, Capital Improvements Element, and Public School Facilities Element. The Comprehensive Plan also includes an Introduction Section, a Statement of Legislative Intent, two (2) map exhibits, and an appendix consisting of maps and definitions. The Plan was initially adopted by Ordinance No. 89-31 (adopted May 15, 1989), with subsequent amendments.

105.3. Legal Status of the Plan.

(a)

Generally. To the extent consistent with the Community Planning Act, the Comprehensive Plan shall be interpreted as setting forth general guidelines and principles for the growth and development of the city. Goals, policies, and objectives within the Comprehensive Plan are internally consistent, and any reading of the Comprehensive Plan to suggest an internal inconsistency shall be construed in such a manner so as to maintain the internal consistency of the Comprehensive Plan.

(b)

Conflicts with other regulations. The Comprehensive Plan is cumulative and supplemental to existing City regulations for the development of land. Where the Comprehensive Plan conflicts with existing land development regulations, the Comprehensive Plan shall supersede existing land development regulations to the effect of the conflict until such existing land development regulations are amended to be consistent with the Comprehensive Plan. The City Commission shall be the final determiner as to consistency.

(c)

Development orders to be consistent with Comprehensive Plan. No development order shall be issued under the provisions of this Land Development Code, unless the development order is consistent with the goals, objectives and policies of the Comprehensive Plan.

105.4 Amendments to the Comprehensive Plan. Amendments to the Plan shall be made in accordance with the procedures and standards of Florida law and this Code, as described in Sections 301 and 303.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 106. - City Commission.

106.1. Powers and Duties. In addition to any authority granted to the City Commission ("Commission") by Florida law, the Charter of the City of Miramar, and the Code of Ordinances of the City of Miramar, the Commission shall have the powers and duties listed herein in regard to this Land Development Code. The Commission's authority shall include, but not be limited to, approval, approval with conditions or modifications or denial:

(a)

To take such action deemed desirable and necessary to implement the provisions of this LDC and the Comprehensive Plan; and

(b)

To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, determination made by any administrative official or the DRC, CAB or Planning and Zoning Board, acting pursuant to this LDC, except where state, county, or City regulations or this Code specifically provide otherwise; and

(c)

To consider all applications for development included in Table 1, pursuant to adopted procedures and take action as may be appropriate.

Table 1

COMMISSION ACTION
APPLICATION TYPEADOPT &
AMEND
APPROVE/
DENY
ENTER
INTO
EXTENDHEAR &
DETER-
MINE
RE-
APPROVE
Abandonment of Right-of-Way
Appeal/Vested Rights Determination
Community Appearance - New Construction
Community Appearance - Renovation 1
Community Appearance - Telecommunication 1
Comprehensive (Land Use) Plan Map Amendment
Comprehensive Plan Text Amendment
Compliance Plan 2
Conditional Use
Cure Plan
Development Agreement/Miscellaneous Agreements
Development of Regional Impact
Extended Hours License (alcoholic beverages)
Flexibility/Reserve Unit Allocation 3
Lake Excavation and Resource Extraction 4
Land Development Code Text Amendment
Plat
Plat Exemption 1
Plat Waiver
Resolution Modification
Rezoning
Site Plan (Amendment) 1
Site Plan (Amendment) - Telecommunication 1
Site Plan - New Construction
Temporary Use Permit 1
Traffic Ways Amendment
Vacation of Easements
Variance 5
Zoning Relief Request
1 in certain cases per adopted procedure
2 for approval of grant funding
3 may coincide with a conditional use, rezoning, plat or site plan
4 as a conditional use
5 for all development and redevelopment, except for regulations specifically pertaining to single family, duplex, and triplex properties or administrative variances or those within the Transit Oriented Corridor (TOC) land use designation

 

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 17-07, § 2, 11-14-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 107. - Planning and Zoning Board.

107.1. Creation. The existing advisory planning and zoning board is hereby reconstituted as the Planning and Zoning Board ("Board").

107.2. Powers and Duties. The planning and zoning board shall have the powers and duties listed herein and as further set forth in Table 2 in regard to this LDC. The planning and zoning board shall act as an advisory board to the city commission on the following matters, except for any variances from requirements and regulations pertaining to properties with existing or proposed single-family, duplex, and triplex residences, in which case the planning and zoning board shall have final authority:

(1)

To act as the local planning agency as provided in section F.S. § 163.3174; and

(2)

To make recommendations to the city administration and city commission regarding revisions to the LDC and in regard to adoption and amendment of the official zoning map; and

(3)

To review and make recommendations to the Commission on the following development approvals included in Table 2, pursuant to adopted procedures; and

(4)

To review and approve variances from any LDC provisions affecting individual single-family, duplex, and triplex residences. The Board's authority shall include, but not be limited to, approval, approval with conditions or modifications, or denial; and

(5)

To review and make recommendations to the Commission on any other matter referred to it by the Commission and/or City Staff.

Table 2

PLANNING AND ZONING
BOARD ACTION1
APPLICATION TYPEAPPROVE/
DENY
REVIEW AND
RECOMMEND
Comprehensive (Land Use) Plan Map Amendment
Comprehensive Plan Text Amendment
Conditional Use
Development Agreement
Development of Regional Impact
Land Development Code Text Amendment
Rezoning
Variance (for single-family, duplex, and triplex properties)
Zoning Relief Request
1 pursuant to adopted procedures

 

107.3. Membership. The Board shall be composed of seven (7) members plus three (3) alternate members, who shall be designated as such, appointed by the City Commission plus one nonvoting member appointed by the Broward County School Board. All alternate members shall be encouraged to attend every planning and zoning board meeting. Alternate members may always participate in board deliberations and debate, but they may make motions and vote only in the absence of or voting disqualification of a regular member or the vacancy in a regular member's position.

In the event that six (6) regular members are present and voting and two alternate members are present, the alternate member who may vote and make motions with regard to an agenda item shall be the alternate member who has served on the board for the longest period of time, regardless of whether said service is interrupted.

When possible, each new member appointed after January 31, 2020, shall have professional licensure and/or equivalent academic and professional experience and credentials in the areas of urban and regional/ city/land use/sustainable planning, transportation planning, architecture, landscape architecture, real estate, civil/structural engineering, traffic engineering, land surveying, environmental science, hydrology, ecology, environmental design, community development, land and/or mixed-use development, general contracting/construction, construction management, economics, or land use law. Existing Board members at the time of adoption of this ordinance, may remain on the Board until the expiration of their term.

The procedure to appoint non-School Board members, qualifications for membership, terms of office, filling of vacancies, attendance, and provisions for legal counsel shall be as provided for in the City Code. The School Board shall determine the qualifications for membership, term of office, method for the filling of a vacancy, and attendance requirements for its appointed member. Every member appointed to the Planning and Zoning Board shall be a qualified elector residing within the City of Miramar and not an employee of the City.

Members of the Board shall be subject to the provisions of Florida Statutes: section 286.012, relating to voting at meetings of the Board, sections 112.311—112.3175, inclusive, relating to financial disclosure and conflicts of interest, and section 112.501, relating to suspension and removal from office.

107.4. Officers. Annually in June, or in the event no meeting is held in June at the next meeting thereafter at which a quorum of the Board is present, the Board shall elect a chairperson ("Chair") and vice-chairperson ("Vice-Chair") from among its members who are eligible to vote and may create and fill such other offices as necessary. Terms of all offices shall be for one year, or until their successors have been elected, whichever event shall be longer in duration, with eligibility for re-election. During their term of service as an officer of the Board, all officers shall at all times be required to be duly qualified members of the Board.

107.5. Meetings, Hearings and Procedures.

107.5.1. Quorum. Except as provided in this section, no meeting of the Board shall be called to order, nor shall any business be transacted by the Board, without a quorum consisting of at least four members of the Board (including alternates) as well as the City Attorney being present. The chair and vice-chair and alternates attending in place of a regular member shall be considered and counted as a member. When a quorum does not exist, those members of the Board who are present may convene for the purposes of continuing a public hearing, holding a workshop, or scheduling a special meeting.

107.5.2. Time of Regular and Special Meetings.

(a)

Regular meetings of the Board shall be held on the second Tuesday of every month and at least once every month in the evening hours and duly noticed by the City Clerk. Special meetings may be called by the Chair of the Board, a majority of the members of the Board, a majority of the Commission, the City Manager, or the Community Development Director. In the event that a regularly scheduled meeting conflicts with an official or religious holiday, a Commission meeting or a municipal election, it may be rescheduled upon the request of staff and the majority vote of the Board.

(b)

In the event of a lack of business to be conducted or when it becomes apparent that there will be an inability to assemble a present quorum, the Chair of the Board, the Community Development Director, or the City Manager, may cancel a Board meeting. In the event that it becomes apparent that a quorum will not be obtained and that a Board meeting is cancelled, any item scheduled for consideration or advertised for a public hearing shall be automatically continued until the next meeting. If the Board meeting is not cancelled and the Board is unable to obtain a quorum, consideration of a matter scheduled for a hearing or discussion shall be postponed due to lack of a quorum, and the Chair of the Board shall continue consideration of the item scheduled for hearing or discussion until the next scheduled or special meeting thereafter. In the case of delays caused by other reasons, the meeting should be rescheduled to the next established Board meeting. The City Clerk shall notify all members of the date of the continued meeting.

107.5.3. Public Meetings. All meetings of the Board shall be public meetings, open to the public, and noticed to the public. All records of such meetings shall be public records. The Board shall have the power to develop rules of procedure, and in the absence of adopted rules, the Board shall use Robert's Rules of Order, Newly Revised, most recent edition, as its rules of procedure.

107.5.4. Vote. No action of the Board shall be valid, unless authorized by a majority vote of the membership voting. However, the School Board-appointed member shall have no vote and shall not be counted in determining the required majority. Board members present but abstaining from voting shall not be counted in determining the required majority. Alternate Board members present shall not have a vote or make motions, unless they are present as members in place of absent regular board members. Alternate members are always permitted to participate in debate or to ask questions of applicants or other persons.

107.5.5. Records. The city administration shall keep minutes of all Board proceedings, showing evidence presented, the names of all witnesses giving testimony, any findings of fact by the Board, and the vote of each member upon each question, or if absent or abstaining from voting, such fact. All of the foregoing records shall be public records, available for copying and inspection during normal business hours.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 17-07, § 3, 11-14-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 108. - Development Review Committee.

108.1. Creation and Purpose. There is hereby established a Development Review Committee ("DRC") in order to facilitate communication and coordination between departments responsible for development review.

108.2. Powers and Duties. The DRC shall review and render recommendations on applications for development included in Table 3.

Table 3

DEVELOPMENT REVIEW COMMITTEE ACTION 1
APPLICATION TYPEAPPROVE/DENY
REVIEW AND
RECOMMEND
Abandonment of Right-of-Way
Comprehensive (Land Use) Plan Map Amendment
Comprehensive Plan Text Amendment
Conditional Use
Cure Plan
Development Agreement
Development of Regional Impact
Engineering Roadway Plans
Land Development Code Text Amendment
Plat
Plat Exemption 1
Plat Waiver
Rezoning
Site Plan
Site Plan (Amendment) 1
Site Plan (Amendment) - Telecommunication 1
Traffic Ways Amendment
Temporary Use Permit 1
Vacation of Easement
Variance (except for homeowner) i.e. single-family, duplex, and triplex properties
1 pursuant to adopted procedures; in some cases, these applications may be subject to Commission approval

 

108.3. Membership.

(a)

The DRC shall be composed of representatives from the Planning and Building Divisions of the Community Development Department; the Engineering Services Department; the Fire-Rescue Department; the Parks and Recreation Department; the Police Department; the Public Works Department, and the Utilities Department;. The City Manager shall approve the designation of each department's representatives, excepting the Director of the Community Development Department. The City Manager may appoint other staff members to the DRC, from both the above-named and other departments, as well as professional consultants, as non-member advisers to the DRC to assist the DRC in carrying out its duties and responsibilities. DRC members shall serve at the pleasure of the City Manager.

(b)

The Community Development Director shall designate a staff member to serve as the chairperson and another individual to serve as vice-chairperson of the DRC to preside over its meetings. The Chair may request the participation, as adviser to the DRC and as a non-DRC member, of professional experts or legal counsel, as needed. The Chair may request the participation, as an adviser to the DRC and non-DRC member, of a representative from an adjacent municipality or from a county, regional or state agency, if it is determined that a proposed development would impact the adjacent municipality or county, or if the other agencies or professional experts can provide expertise concerning the proposed development.

108.4. Meetings and Procedures.

108.4.1. Time of Regular and Special Meetings.

(a)

Regular meetings of the DRC shall be held according to a schedule as established from time to time by the Chair. Special meetings may be called by the Chair when the need arises.

(b)

In the event of a lack of business to be conducted or when it becomes apparent that there will be an inability to assemble a majority of regular DRC members, the Chair of the DRC or the City Manager, may cancel a DRC meeting. In the event that it becomes apparent that a majority of members present will not be obtained and that a DRC meeting is cancelled, any item scheduled for consideration or advertised for a public hearing shall be automatically continued until the next meeting. If the DRC meeting is not cancelled and the DRC is unable to obtain a majority, consideration of a matter scheduled for a hearing or discussion shall be automatically postponed, and the Chair of the DRC shall continue consideration of the item scheduled for hearing or discussion until the next scheduled or special meeting thereafter. In the case of delays caused by other reasons, the meeting should be rescheduled to the next established DRC meeting. The DRC secretary shall notify all members of the date of the continued meeting.

108.4.2. Records. The DRC shall make their recommendations in writing. The Chair shall prepare written summaries which include the date, members present and the recommendations of the committee. The Community and Economic Development Department shall keep minutes of all DRC proceedings.

108.4.3. Public Meetings. All meetings of the DRC and its committees shall be public meetings, open to the public, and noticed to the public. The applicant and their representatives may be invited by the Chair. The DRC shall have the power to develop rules of procedure, and in the absence of adopted rules, the DRC shall use Robert's Rules of Order, Newly Revised, most recent edition, as its rules of procedure.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 17-07, § 4, 11-14-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)

Sec. 109. - Community Appearance Board.

109.1. Creation and Purpose. There is hereby established a Community Appearance Board ("CAB") in order to review development proposals from both an aesthetic and a technical perspective, to ensure compliance with the City's established design standards, and to coordinate with the simultaneous DRC review of proposed site plans.

109.2. Powers and Duties. The CAB shall conduct the review of and render recommendations on applications for the proposed development and redevelopment of all properties, including City properties, other than individual single-family homes and duplex and triplex units.

109.3. Membership. The CAB shall consist of at least one consulting architect. During the initial CAB meeting for a development proposal, the consulting architect shall be accompanied by a registered landscape architect and a member of the City's planning staff, who shall serve as the Chair. The appointed design professionals shall be:

(1)

a consulting architect, licensed and registered in the State of Florida, to provide expertise in architectural design and construction; and

(2)

a landscape architect, with professional training in landscape architecture, plant material inspection and horticulture, to provide expertise in the proposed landscaping and site design. Members of the CAB are appointed by and shall serve at the pleasure of the City Manager.

The Community Development Director shall designate a staff member to serve as the chairperson of the CAB to preside over its meetings, document the proceedings and shall report findings to the City Manager.

The City's cost recovery ordinance shall be used to cover the consultant review expenses as needed. The CAB may call on the Community Development Director or any other city staff as necessary to complete its review.

109.4. Meetings and Procedure.

109.4.1. Time of Regular and Special Meetings. Meetings of the CAB shall be held upon need, subsequent to the submittal and resubmittal of development and redevelopment proposals in line with the timeline of the site plan review for these projects. Special meetings may be called by the Chair when the need arises. Additional Board rules of procedure may be established by the Community Development Department and the contracted CAB consultant architects, once they are appointed.

109.4.2. Records. The CAB shall make their recommendations in writing and plan markups. The Chair shall prepare written summaries which include the date, members present and the recommendations of the Board. The Community Development Department shall keep minutes of all CAB proceedings.

(Ord. No. 16-04, § 1(Exh. A), 1-27-16; Ord. No. 20-08, § 2(Exh. A), 3-18-20)