A.

Administration of article. The application submittal and review requirements of this article shall be administered by the planning and zoning director (as used herein, the term "director" shall mean the director of the planning and zoning division or his or her designee) who shall specify the format of applications and other routine document forms, establish administrative procedures and prepare administrative reports to implement the requirements of this article.

B.

Required approvals, generally. In order to develop land in the city, one (1) or more of the following procedures are generally required depending upon the specifics of the case; all of the following applications except for comprehensive plan amendments, are considered development permit applications by state statute:

•

Comprehensive plan amendment;

•

Rezoning or land development code text change;

•

Plat approval or amendment;

•

Site plan or amendment;

•

Community appearance;

•

Special exception;

•

Planned unit development or amendment;

•

Master development plan or amendment;

•

Variance;

•

Building or sign permit.

C.

Qualified applicants. Qualified applicants shall be limited to the following:

1.

For vacation or abandonment of rights-of-way, the owner or agent of the owner of property adjacent to the right-of-way, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers, have authorized the application as required by law.

2.

For administrative appeals, any person who has been aggrieved by an order, requirement, determination or decision on the basis of an alleged error made by the official or employee.

3.

For all other applications, the owner, or agent of the owner, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers, have authorized the application as required by law. For example, for a property owned by a trust, the trust agreement may allow two (2) of three (3) trustees to authorize such an application.

4.

Only the city commission, planning and zoning board and city manager may initiate map and text amendments to the code and comprehensive plan.

5.

The city manager and city commission may initiate any application for land under city control, including vacations of right-of-way.

D.

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

E.

Pre-application conference. The director, at his/her option, may schedule and hold pre-application conferences for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Failure of staff to identify any requirements at a pre-application conference shall not constitute waiver of the application of any requirements of this land development code. The director shall have the authority, based upon the nature of the application, to waive the pre-application conference requirement or to require payment for staff time and expenses incurred in the review of the pre-application documentation.

F.

Filing of applications. The director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the planning and zoning division shall be reviewed to determine whether the application is complete. If it is determined that the application is not sufficient, written notice shall be served on the applicant specifying the deficiencies. The planning and zoning division shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within twenty (20) working days after it is determined not sufficient, the application shall be considered withdrawn. If or when the application is determined sufficient, the director shall place the application on a development review committee meeting pursuant to subparagraph H.2., below. An application for development approval may not be scheduled for further processing until all required information has been submitted and the required review agencies have completed their review.

[EDITOR'S NOTE: F.S. ch. 160, limits the number of times that an application can be held for incompleteness to three (3) before requiring a denial with specific findings.]

G.

Development review committee duties. There shall be created a development review committee ("DRC") consisting of a committee as determined by the director. The committee shall review development permit applications submitted pursuant to this chapter when required pursuant to Table 22-1, to ensure that the applications are consistent with the requirements of the city's comprehensive plan and this Code, and provide specific comments and recommendations regarding the application.

H.

Development review committee (DRC) process. The DRC shall review applications for development permits pursuant to Table 22-1, and provide comments at a publicly noticed DRC meeting, except when the director determines that full DRC review and a meeting of the DRC is not necessary due to the limited scope of an application. The director shall notify the applicant in writing as to the scheduled DRC meeting date or determination that the scope of the application does not require a meeting of the DRC. This subsection shall govern the DRC review process and shall control over any conflicting provision in this chapter.

1.

When the director determines that full DRC review is not required, the director shall distribute the application only to those DRC members whose review the director deems to be pertinent. The director shall forward any review comments to the applicant. Upon satisfaction of all review comments and determination that the application satisfies all requirements of this Code, the director and DRC members who reviewed the application shall each, individually, certify the application. The certification shall indicate that the director waived review by other DRC members.

2.

When the director determines that full DRC review is required, the planning and zoning division shall provide the applicant with a draft list of issues, if any, prior to the DRC meeting. The DRC shall be convened pursuant to the planning and zoning division calendar or as otherwise determined by the director, to review the application and determine whether it should be certified. The director can schedule a special DRC meeting if he/she determines such a meeting would be in the best interest of the city. An application shall not be certified unless it meets the minimum standards as outlined in this chapter. An application shall not be forwarded to the planning and zoning board for review until it has been certified by the DRC. At the DRC meeting, the planning and zoning division shall advise the applicant of the DRC's decision and any comments and conditions determined by the DRC to be necessary to comply with this Code, and send via electronic mail a copy of the decision to the applicant. An applicant shall be provided an opportunity after the DRC meeting to satisfy any requirements without returning to a subsequent DRC meeting, unless the director determines that the applicant has not satisfactorily addressed major requirements that warrant a subsequent meeting. The director may allow continuance of a DRC as necessary to address any issues identified by the committee. If the application is certified and planning and zoning board approval of the application is required, the public hearing on the application shall then be scheduled for the planning and zoning board to be held within sixty (60) days.

3.

Development applications shall undergo review by the DRC, PZB and/or city commission pursuant to this paragraph, which together with this subsection shall govern over any conflicting requirement in this chapter.

Table Notes:

*

Planning and zoning board, as local planning agency, in accordance with F.S. § 163.3174.

**

City Commission, as community appearance board.

***

Note: there are several specialized appeal processes in this Code that pertain to particular types of permits or approvals. Section 55-1510 applies wherever this chapter does not otherwise provide for a specific administrative appeal process.

1.

"Y" denotes that review/approval is required. Where city commission approval is indicated, the "Y" can denote formal approval by the commission or commission notice and review via the call up procedure pursuant to subsection J., as applicable.

2.

"N" denotes that review/approval is not required.

3.

"D" denotes that review/approval may be required depending on the nature of the application, as determined by the director, and indicates that an application does not automatically require public hearings, and may be processed as a call-up item pursuant to subsection J, if the director determines that the application does not constitute a substantial change from the previous approval.

4.

PZB decision is final unless appealed to the city commission pursuant to section 15-1510.

I.

Action by planning and zoning board. If review of the application by the planning and zoning board is required in subsection H.3., the director shall compile a written report which summarizes the facts of the application including all documents that he or she determines are relevant, and evaluates the proposed application with the general purpose and standards set forth in the land development code, which shall be transmitted to the planning and zoning board. If the planning and zoning board finds that the application is in compliance with the land development code, then the board shall recommend approval of the application to the city commission. If the planning and zoning board finds that the proposed application is not in compliance with the comprehensive plan or these land development regulations, then the board shall recommend denial of the application to the city commission. To the extent deemed feasible by the board, its recommendation of denial shall cite the sections of the comprehensive plan or land development code which have not been satisfied; however, the failure of the board to do so shall not affect the validity of its recommendation and the recommendation shall be transmitted to the city commission, with or without such detail.

J.

Action by city commission. Applications that require city commission approval pursuant to subsection H.3. shall be processed pursuant to paragraph 1., below. Applications that do not automatically require city commission approval in table 22-1 may be processed as commissioner call-up items pursuant to paragraph 2., below.

1.

Applications that require city commission approval. The director shall prepare a copy of the complete application and a written staff report summarizing the facts of the case including all documents that he or she determines are relevant, and the recommendations of the planning and zoning board, if applicable. In cases where planning and zoning board review is required, the director shall schedule the application for a city commission meeting to be held within sixty (60) days of the action by the planning and zoning board. The required notice procedures of Table 22-2 shall be met. In considering a proposed development application, the city commission shall review the proposed application, the city's comprehensive plan and these land development regulations, the report of the administration and recommendation of the planning and zoning board, if applicable to the application, 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.

Approve the proposed application with or without modifications by resolution/ordinance, and conditions; or

b.

Reject the proposed application which rejection shall note the specific provisions of the comprehensive plan or land development regulations not satisfied by the application; or

c.

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

2.

Action by city commission for call-up items as indicated in Table 22-1. When city commission review of an application type is indicated with a "D" in table 22-1, the director may determine that the scope and impact of a particular application is minor in nature, and does not substantially alter the prior city commission approval. In such cases, the application shall be processed as follows.

a.

The city manager shall forward a copy of the complete application and a brief memorandum prepared by the director to each city commissioner. The memorandum shall summarize the facts of the case relative to prior approvals, and the director's reasoning for considering the application to be minor in nature and not a substantial change to a prior commission approval.

b.

Each city commissioner shall have six (6) business days, starting on the date the city manager distributes the application and memorandum, to review the application and provide a written response to the city manager stating whether he or she wishes the application to be scheduled for public hearings.

c.

If any commissioner responds within the allocated timeframe in b., above, that he or she wishes to consider the application at a public hearing of the city commission (i.e., call up the application), the director shall automatically advertise and schedule the application for public hearings before the planning and zoning board (if applicable) and the city commission to take place within forty-five (45) days of the commissioner call-up request. Absent such a request from any of the city commissioners within the allocated timeframe, the application shall be approved without the requirement of a public hearing.

K.

Rescheduled meeting dates. Meetings may be continued to a date certain without further notice at the sole discretion of the city, except as provided for by F.S. ch. 166.

L.

Time periods not mandatory. The failure to schedule or advance an application by the city in a timely manner as set forth herein shall be without prejudice to the city's rights and shall not constitute approval of any application. All time periods relative to city action are directory not mandatory.

M.

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

N.

Resubmission of applications after denial. An application for development approval which has been denied may not be resubmitted for reconsideration for a period of one (1) year after the date on which an application for the same development application has been denied by the city commission.

O.

Reliance on information presented by applicant. The city and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his/her agent, in review of an application for development approval issued under this Code. It shall be a violation of this section for any applicant to submit information which it knows to be false or inaccurate in a material way or which it has reason to believe is false or inaccurate in any material way. The submission of false or inaccurate information shall be grounds to void any approval or development permit granted pursuant to this section. The city may void said approval or development permit at any time after it determines that such false or inaccurate information was submitted as part of this process. All renderings used by the applicant in a presentation before the city commission shall be the property of the city and said renderings shall become part of the approval unless otherwise specified by the commission. The failure to undertake the project in material conformance with said renderings shall be a violation of this land development code and shall be grounds for code enforcement prosecution or the denial of future development permits for the project.

P.

Application annulment. If an applicant fails to act upon a submitted application (as evidenced by the submission of a response or pursuing the next step in the process set forth herein) within a ninety-day period after receiving written comments from the DRC, or specific DRC members as determined by the director, the application will be deemed null and void. The director may extend the ninety-day requirement if he or she determines that reasonable progress is being made in revising the application.

Q.

Timing of notice. The "timing of notice" columns in table 22-2 refer to the minimum number of calendar days prior to the date of a public hearing, not including the date of the hearing, that:

1.

The newspaper advertisement must appear in the newspaper; and

2.

Mail notices must be mailed.

R.

Mail notices.

1.

Mail notice is the responsibility of the applicant for the development application requiring mailed notice pursuant to table 22-2.

2.

The mail notice radius in table 22-2 shall be measured from the boundaries of the land that is the subject of the application. The applicant shall produce a certified radius map and mailing list of all property owners within the required radius. The city shall maintain a list of radius map and mailing list providers which the applicant may utilize. Mail notice may be provided through one (1) of the following: bulk mail, first class mail or certified mail, return receipt requested, as determined by the director.

3.

Upon completing the mailing, the applicant shall provide to the planning and zoning division the radius map and mailing list, and a sworn affidavit attesting that he or she mailed notice to all property owners within the required mail notice radius. Mail notice shall be sent U.S. mail to:

a.

The owner of the subject property, as well as the petitioner; and

b.

The persons shown on the current tax rolls of Broward County to be the respective owners; or

c.

In the case of a condominium, notice shall be sent to the board of directors of the applicable condominium association;

d.

Mail notice shall only be required to owners of land located within the city's boundaries.

e.

Mail notice is not required for items that are processed pursuant to paragraph J.2., unless one (1) or more city commissioners exercises the call-up option and subjects the application to a public hearing.

4.

The planning and zoning division shall prepare the notification of hearing to be mailed by the applicant. The mail notice shall contain substantially the same information as provided in the newspaper advertisement for the same application, if required. The mail notice shall comply with any other requirements of this Code as specifically required for the development application, and shall also contain the address and the legal description of the subject property, the approximate relation to the nearest cross streets; and a map or demarcated aerial photograph showing its approximate size, location and relationship to adjacent properties.

5.

Mail notice is a courtesy that supplements other forms of notice. Therefore, the mailing of such notices shall constitute service. Non-receipt of mail notice by any property owner within the required mailing radius does not constitute grounds for re-advertising or conducting additional public hearings, and shall not affect any action or proceeding taken.

6.

When more than one (1) hearing is required or occurs before any given body, mail notice shall be required only for the first such hearing, except that one (1) mailing is required for each city commission public hearing to consider adoption of large-scale land use plan map amendments.

7.

When an application other than a zoning change or land use plan map amendment is subject to public hearings by both the planning and zoning board and city commission, a single mail notification advising of both hearings may be sent to prior to the first of such hearings to satisfy the mail notice requirements of this subsection, as well as other sections of the code that require mail notice for both planning and zoning board and city commission hearings. This provision shall govern over any conflicting provision of this chapter.

8.

It shall be the responsibility of each person who receives mail notification to track the progress of an application in the event that the application does not proceed to any of the noticed public hearings on the date(s) indicated in the mail-out, whether by reason of deferral to a date certain, meeting cancellation or other cause. Additional mail notification is not required in such instances.

9.

Mail notice for any city-initiated amendment to the land use plan map or official zoning map shall be provided only to the owners of properties that are included within the map amendment and would experience a change in zoning or land use upon adoption of the amendment.

S.

Newspaper notices.

1.

All required newspaper advertisements shall be placed in one (1) or more newspapers of general paid circulation in Broward County, and of general interest and readership in the community, not one of limited subject matter. Standard newspaper advertisements shall contain all information required by law for such advertisements.

2.

As an alternative to newspaper notice, the city clerk may post the information for the public notification on the city's website and within the lobby of city hall, unless otherwise provided by law for certain comprehensive plan and land development code text and map amendments in paragraph 3., below. Such alternative noticing is subject to the same notice timeframes required for newspaper advertisements. Notice on the website shall be accessible directly from the home page. Whenever the term "newspaper notice" is used in this chapter, the term shall mean newspaper notice or the alternative notice procedure as provided in this subsection.

3.

Comprehensive plan (text and land use plan map) amendments, code amendments changing the list of permitted, prohibited and conditional uses of land, and rezonings initiated by the city, are specifically regulated by F.S. § 166.041, as may be amended from time to time. Pursuant to said section, such advertisements shall not be placed within the legal advertisement section of the newspaper. The ad shall be two (2) columns in width by ten (10) inches in length, shall prominently state "NOTICE OF LAND USE CHANGE" or similar in eighteen (18) point type, and shall include a location map as applicable. Small-scale land use plan map amendments are not subject to this requirement, and can be advertised using a standard legal ad.

4.

Newspaper notice is not required for call-up items processed pursuant to paragraph J.2., unless one (1) or more commissioners exercise the call-up option and subject the item to a public hearing.

T.

Public hearing notice signs. All applicants applying for development approval of vacant land shall cause to be posted a sign or signs notifying the public of any public hearing related thereto. Creation and installation of the signs shall be the responsibility of the applicant and subject to the following conditions:

1.

The sign shall be posted at least seven (7) calendar days prior to the date of the first public hearing (eight (8) days if the seventh day is a holiday) and shall not be removed by the applicant until the final hearing is closed;

2.

The sign shall be firmly secured to the ground to prevent vandalism and shall be installed along the most visible portion of road frontage. The sign shall be erected in a manner so as to be visible to traffic moving in both directions and be perpendicular to the roadway, except in the case of signs at the end of cul-de-sacs. If there is more than one (1) frontage of the parcel on an improved street or streets, one (1) sign for each frontage shall be posted;

3.

The composition of the sign shall be of a durable material (wood or metal) forty (40) inches by forty (40) inches in size painted white with black sans serif lettering such as Arial having a minimum height of four (4) inches with a letter stroke of one (1) inch;

4.

The sign verbiage shall conform to specifications supplied by the planning and zoning department;

5.

A code enforcement officer shall file a report or affidavit with the city commission that the sign was observed in place in accordance with the above;

6.

An application for which the specifications of this subsection are not met shall be pulled from the applicable public hearing agenda and shall be required to withdraw their application and file a new application and fee;

7.

The sign shall be taken down within one (1) week following the close of the final public hearing; thereafter the city may remove the sign and retain the bond;

8.

A fifty-dollar bond to cover the removal of the sign shall be refundable upon removal of the sign by the applicant.

U.

Required public notice and public hearings. This subsection determines the minimum notification requirements for both public hearings and administrative approval of development applications under this chapter. Applications that are processed via the call up procedure, as provided in paragraph J.2., are not subject to the provisions of this subsection. As used in this subsection, N/A means, "not applicable"; PZB means, "Planning and Zoning Board"; and ft., means "feet".

Table notations:

*

Planning and zoning board as local planning agency. Review and notice for planning and zoning board required only for amendments to this land development code.

1.

Minimum number of days prior to public hearing that newspaper notice must be published and that mail notice must be mailed.

2.

Newspaper Ad Format refers to either "Standard" ad (legal section of newspaper) or "Large" ad, which refers to the advertisement format required by F.S. § 166.041(3)(c)2.(b), as may be amended from time to time. Pursuant to said section, such advertisements shall not be placed within the legal notice and classified advertisement section of the newspaper, shall be two (2) columns in width by ten (10) inches in length, shall prominently state "NOTICE OF ZONING/LAND USE CHANGE" or similar in eighteen (18) point type, and shall include a location map as applicable.

3.

Notice shall advise addressee of the right to protest the request in writing within fifteen (15) days of mailing.

4.

Only one (1) advertised public hearing is required for the adoption hearing on second reading of the ordinance pursuant to F.S. § 163.3187 (for small-scale plan amendments) and F.S. § 166.041 (for certain rezonings, and ordinances amending provisions in the Land Development Code other than the lists of permitted, prohibited and special exception uses.

5.

If city initiated, notice shall be sent to property owner(s) of the property to be rezoned at least thirty (30) days prior to the public hearing (second reading).

6.

Master plans and master plan amendments that are approved by ordinance require two (2) city commission readings. Newspaper notice is required only for the second reading, which shall be a public hearing.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-16, § 2, 12-7-2016)

There is hereby created and established as an agency of the city a board to be known as the planning and zoning board, hereinafter called the "board," with membership, powers, duties and responsibilities as set forth hereinafter.

A.

The board shall be comprised of seven (7) members, five (5) of the members appointed to membership individually by each commissioner in accordance with Ordinance No. 90-21, and the sixth and seventh members to be nominated by any member of the commission and appointed by a majority vote of the commission. There shall also be two (2) alternate members on the planning and zoning board to be appointed in the same manner as the sixth and seventh members.

B.

A quorum shall consist of four (4) members. For any item to be recommended to the city commission for approval, a majority vote of the members of the board is necessary. In case of a tie vote, the item shall be deemed to be not recommended to the city commission for approval.

C.

The board shall have the following powers and duties:

1.

It shall serve as the local planning agency of the city and in the manner and to the extent provided by F.S. §§ 163.3161, 163.3174 et seq., and amendments thereto.

2.

It shall review proposals for changes to the zoning regulations or to the official zoning map of the city, and shall make a recommendation on each such matter to the city commission.

3.

It shall review plats of land subdivisions lying wholly or partly within the city prior to submittal of the plats to the commission for its approval, under the established procedures for plat approval, prior to recordation; and the board shall transmit its recommendations regarding such plats to the commission prior to final decision by the commission.

4.

On its own initiative or when requested to do so by the commission, the board shall report to the commission its findings and/or recommendations pertaining to any matter within the purview of comprehensive planning for the development and/or improvement of the city.

5.

To review site plans as required in this land development code and make a recommendation on each such matter to the city commission.

6.

To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter, including referenced provisions of the Broward County Zoning Code that apply to properties that have retained their pre-annexation zoning.

7.

To review petitions for variance from the terms of this chapter, including referenced provisions of the Broward County Zoning Code that apply to properties that have retained their pre-annexation zoning, and make a recommendation on each such matter to the city commission.

8.

To review petitions for special exception uses as required in this land development code, and make a recommendation on each such matter to the city commission.

9.

To review Community Appearance Board applications, and make a recommendation on each such matter to the city commission.

10.

The board shall perform such other duties as may be assigned to it from time to time by the commission, or as set forth in this land development code or other ordinance.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Notwithstanding the density or intensity and the uses permitted by any zoning district regulations, the planning and zoning board and the city commission shall, in reviewing all plats, plat notes, site plans, and other applications for development permits, consider all relevant factors, including but not limited to consistency and compatibility with the future land use element of the comprehensive plan, together with all other comprehensive plan elements, such as traffic circulation, parks and recreation, conservation, potable water, waste water, and drainage. The city shall also consider adjacent zoning, approved plats and existing land uses, including occupied residential areas. In addition, where there are approved plats, existing land uses, including occupied residential areas, in close proximity to the area where the development permit which is under consideration, then the city shall consider whether the proposed development permit, including the uses to be made thereof, is compatible with those areas. For the purpose of this consideration, and in all instances where compatibility is used herein, compatibility means land uses (which shall include the structure to be constructed and the use to be made of the property) that are congruous, similar and in harmony with one another because they do not create or foster undesirable health, safety or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous, or discordant activities or structures, including the impacts of density, intensity of use, hours of operation, aesthetics, noise, vibration, smoke, offensive odors, mass, shadow effect, the location of structures in close proximity to residential dwellings and other land use conditions or conditions which are likely to have a detrimental impact on the existing uses on lands adjacent to the site in question. This section shall read as supplemental to, and complimentary with, the requirement for finding of compatibility that is set forth in the respective provisions of this chapter governing the processing, review and approval of petitions for special exceptions, rezonings, site plans, relief from the terms of this chapter, and community appearance board applications.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)