In the interpretation and application of this chapter, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards, shall govern.

(Ord. No. 63-5-1, § 20, 5-1-63)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint, such complaint stating fully the causes and bases thereof, and shall be filed with the Deputy Town Clerk. He shall record properly such complaint, immediately investigate, and take such action as shall be required by this chapter.

(Ord. No. 63-5-1, § 21, 5-1-63)

Upon rejection by the Town Commission of any application for change, exception or variance in existing zoning ordinances and regulations as same affects a specific lot, place or parcel of land in the Town, a period of not less than twelve (12) months shall elapse before the Town Commission may accept other, further or new applications for the same change, exception, and/or variance, regardless of the identity of the petitioner.

(Ord. No. 63-5-1, § 7, 5-1-63)

(a)

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is legal.

(b)

The issuance of a permit upon plans and specifications shall not prevent the chief building official from thereafter requiring the correction of errors in the plans and specifications, or preventing building operations being carried on thereunder when in violation of this chapter.

(Ord. No. 63-5-1, § 8, 5-1-63)

(a)

The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed by the Town Commission on its own motion or on petition of the Planning and Zoning Board under the procedures set forth in this section.

(b)

A proposed amendment, supplement, change, modification or repeal which proposes to change the actual list of permitted, conditional, or prohibited uses within a zoning category, or proposes to change the actual zoning map designation of a parcel or parcels of land shall first be submitted to the Planning and Zoning Board for its recommendation and report, which Planning and Zoning Board may at its option hold a public hearing. If the Planning and Zoning Board decides to hold a public hearing, such public bearing shall be preceded by a notice of hearing containing the time and place of such hearing, which notice shall be published in a newspaper of general circulation in the Town, and the said publication shall be at least ten (10) days before the date of the public hearing.

(c)

The Planning and Zoning Board shall make its recommendation or report to the Town Commission within sixty (60) days of the date of the public hearing. If the Planning and Zoning Board fails to report within sixty (60) days, the Town Commission shall consider the matter reported without recommendation. The recommendation of the Planning and Zoning Board is not binding upon the Town Commission.

(d)

The Town Commission shall schedule a public hearing upon the proposed amendment, supplement, change, modification or repeal after the receipt of the report from the Planning and Zoning Board. If the Planning and Zoning Board fails to report, the Town Commission shall, upon the expiration of sixty (60) days following the public hearing before the Planning and Zoning Board, thereafter schedule a public hearing at the first regular meeting subsequent to the expiration of the sixty (60) days as aforesaid.

(Ord. No. 59-3-2(#19), §§ 2—4, 3-3-59; Ord. No. 63-5-1, § 19, 5-1-63; Ord. No. 94-7-4, § 2, 7-13-94; Ord. No. 14-06-05, § 1, 6-11-14; Ord. No. 2022-016, § 1, 12-14-22)

(a)

The zoning classification of specific parcels of real property may from time to time be amended on petition of the property owner or person having an interest in the subject property within the Town upon the filing of a petition for amendment of zoning classification with the Town Administrator and the payment of appropriate fees.

(b)

Any proposed owner-initiated, site-specific amendment shall first be submitted to a Hearing Examiner for his or her recommendation and report, which Hearing Examiner shall hold a public hearing before making his or her recommendation or report.

(c)

No such proposed owner-initiated, site-specific amendment shall be effected by the Town Commission until after a public hearing in relation thereto is conducted by the Hearing Examiner where the parties in interest and citizens shall have an opportunity to be heard. Such public hearing shall be preceded by a notice of hearing containing the time and place of such hearing, which notice shall be published two (2) times at one-week intervals in a newspaper of general circulation in the Town, and the initial publication shall be at least fifteen (15) days before the date of the public hearing, and further, the notice shall be sent by United States mail to all property owners owning real property located within three hundred (300) feet of the property affected by the proposed amendment or change, which notice shall be mailed not less than fifteen (15) days before the hearing.

(d)

All petitions for amendment of zoning classification in this chapter shall be submitted to the Town Administrator in writing by the applicant, and shall set forth the following information:

(1)

Name and address of applicant;

(2)

Legal description and street address of the property to be affected by the change;

(3)

Type of change desired;

(4)

Survey of the property;

(e)

All petitions shall be accompanied with a plot plan to scale of the area affected, showing thereon adjacent property within three hundred (300) feet, as well as existing roadways, if any, within three hundred (300) feet.

(Ord. No. 94-7-4, § 3, 7-13-94)

The Town shall provide thirty (30) days notice to the appointed school board representative concerning any Town-initiated or owner-initiated rezoning applications that would, if approved, increase residential density in the Town. The Hearing Officer shall provide the school board representative an opportunity to present testimony relative to public school conditions, pursuant to F.S. § 163.3174(1), and the Amended Interlocal Agreement. Nothing herein shall be constructed to be in conflict with the rules of procedure as outlined in section 28-73 through 28-79 of this Code.

(Ord. No. 08-06-03, § 1, 6-11-08)

In addition to the provisions of section 28-38, the Town shall provide thirty-days' notice to the appointed school board representative concerning any proposed allocation of either flexibility units or reserve units that would, if approved, increase residential density in the Town. The Town shall provide the school board representative an opportunity to present testimony relative to public school conditions, pursuant to F.S. § 163.3174(1) and the Amended Interlocal Agreement.

(Ord. No. 08-06-03, § 2, 6-11-08)

All requests for zoning variances, and applications for amendments or changes in zoning ordinances, shall be filed with the Administrative Assistant to the Mayor.

(Ord. No. 83-8-2, § 1, 8-17-83)

It shall be the duty of the Administrative Assistant to the Mayor prior to the acceptance of an application for a zoning variance, to determine that the application is complete in every respect and that the proper fee therefor is paid concurrently with the filing of the application. If the application is incomplete or the fee is not paid, the application shall be immediately returned and not accepted until it is complete and the proper fee has been paid.

(Ord. No. 83-8-2, § 2, 8-17-83)

Upon the Administrative Assistant to the Mayor having determined that an application for a zoning variance is complete and the proper fee is paid, he shall note on the application the date and the time received and issue a receipt to the applicant for the fee paid, if any. A copy of the application shall forthwith be delivered by the Administrative Assistant to the Mayor to the Clerk-Commissioner and to each of the other members of the Town Commission. The Clerk-Commissioner shall upon receipt of a copy of the application forthwith furnish a copy of same to the Town Attorney.

(Ord. No. 83-8-2, § 3, 8-17-83)

(a)

Application for zoning variances shall be referred to the Hearing Examiner who shall schedule a hearing thereon, which hearing shall not be less than thirty (30) working days following the receipt of the application.

(b)

It shall be the duty of the Administrative Assistant to the Mayor to notify in writing the applicant for every zoning variance request of the date, time and place of the hearing thereof.

(Ord. No. 83-8-2, §§ 5, 7, 8-17-83; Ord. No. 94-7-4, § 4, 7-13-94)

(a)

Variances from the Zoning Code may from time to time be permitted on petition of the property owner or person having an interest in the subject property within the Town upon the filing of a petition for zoning variance with the Town Administrator and the payment of the appropriate fees.

(b)

Any proposed zoning variance shall first be submitted to the Hearing Examiner for his or her recommendation and report, which Hearing Examiner shall hold a public hearing before making his or her recommendation or report.

(c)

No such zoning variance shall be effected by the Town Commission until after a public hearing in relation thereto is conducted by the Hearing Examiner where the parties in interest and citizens shall have an opportunity to be heard. Such public hearing shall be preceded by a notice of hearing containing the time and place of such hearing, which notice shall be published two (2) times at one-week intervals in a newspaper of general circulation in the Town, and the initial publication shall be at least fifteen (15) days before the date of the public hearing.

(d)

All petitions for zoning variance shall be submitted to the Town Administrator in writing by the applicant, and shall set forth the following information:

(1)

Name and address of applicant;

(2)

Legal description and street address of the property being affected by the zoning variance;

(3)

Type of zoning variance desired.

(Ord. No. 83-8-2, § 6, 8-17-83; Ord. No. 94-7-4, § 5, 7-13-94)

The Town Commission may by majority vote waive the time schedule provided in this division upon request of the Administrative Assistant to the Mayor made on behalf of an applicant provided the notice requirements as otherwise provided in the ordinances of the Town are fully met.

(Ord. No. 83-8-2, § 8, 8-17-83)

All applications for changes in zoning classifications and all applications for variances from the existing ordinances shall be accompanied by a nonrefundable fee, as set forth by the Town Commission by means of a resolution. The Town Manager or his or her designee may require an initial deposit of two thousand dollars ($2,000.00) for consultant and hearing examiner costs required for certain reviews except for variances for individual mobile home lots and single-family residences. For variances for individual mobile home lots, single family residences and variances from the sign ordinance the initial deposit shall be five hundred dollars ($500.00) for consultant and hearing examiner costs required for certain reviews. Whenever the deposit balance is twenty (20%) percent or less of the initial deposit, a supplemental deposit will be required before any further review or processing continues. The person making the initial deposit will be notified when a supplemental deposit is required. The amount of the supplemental deposit shall be seventy-five (75%) percent of the initial deposit. Several supplemental deposits may be required depending on the complexity of the review request.

(Ord. No. 85-1, § 1(a), (b), 1-9-85; Ord. No. 88-9-6, § 2(a), 9-14-88; Ord. No. 94-1-3, § 1, 1-12-94; Ord. No. 03-09-05, § 2, 9-10-03; Ord. No. 2021-003, § 5, 3-10-21)

Editor's note— Ord. No. 2021-003, § 5, adopted March 10, 2021, repealed § 28-72, which pertained to nonadministrative costs and derived from Ord. No. 85-1-5, § 2, 1-9-85.

(a)

The position of Hearing Examiner for owner-initiated site-specific rezoning and zoning variance requests is hereby established. Said Hearing Examiner shall have the powers and authority set forth in this division.

(b)

The Town Commission shall appoint a Hearing Examiner, and may, as necessary, appoint any deputy Hearing Examiners. Such Hearing Examiners shall hold their position at the pleasure of the Town Commission. Appointment to, removal from, qualifications and compensation of such offices shall be established by resolution of the Town Commission.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

The Town Commission shall, by resolution, adopt rules of procedure for the conduct of proceedings before the Hearing Examiner, and the Hearing Examiner shall conduct meetings pursuant to the provision of such applicable regulations.

(b)

Meetings for the purpose of holding public hearings shall be scheduled, noticed and conducted pursuant to resolution, and pursuant to the provisions contained within this chapter.

(c)

Subsequent to a public hearing, the Hearing Examiner shall make a written report of his or her decision to the Town Commission ("report of decision") in accordance with the rules and procedures set forth by resolution, and shall provide a copy of said report of decision to all parties of record, appropriate Town staff, and the Town Commission.

(d)

The Hearing Examiner shall provide a court reporter for all proceedings. At a minimum, a summary of the testimony taken at such proceeding shall be provided in the report of decision, or as an appendix thereto. Full transcripts shall be provided only at an appellant's request and appellant shall bear the costs thereof.

(e)

The record of all meetings, agendas, findings, determinations and reports of decision shall be indexed and maintained by the department designated as such depository by the Town Administrator. Said records shall be public records.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

Regarding applications for rezoning of owner-initiated site-specific property and zoning variance requests, the Hearing Examiner shall hear and make recommendations to the Town Commission, and shall have the following prescribed duties and responsibilities:

(1)

Relevant matters. In preparing such recommendation, the Hearing Examiner shall consider the following criteria, if applicable:

a.

Whether there exists an error or ambiguity which must be corrected;

b.

Whether there exists changed or changing conditions which make approval of the request for rezoning or zoning variance appropriate;

c.

The impact of the proposed change on the intent of the existing designation;

d.

The testimony of any applicant;

e.

The recommendation of Town staff presented at the public hearing;

f.

The testimony of the public;

g.

Whether the rezoning or zoning variance is consistent with the goals, objectives, policies and intent of the Town's Comprehensive Plan;

h.

Whether the rezoning or zoning variance meets or exceeds all the standards set forth for the proposed use;

i.

Whether the rezoning or zoning variance is consistent with the densities, intensities and general uses set forth in the Town Comprehensive Plan and the Broward County Comprehensive Plan and the Land Use Map;

j.

Whether the rezoning or zoning variance will protect, conserve or preserve environmentally critical areas and natural resources;

k.

Whether the rezoning or zoning variance will be compatible with existing or planned uses and not cause damage, hazard, nuisance or other detriment to persons or property;

l.

Whether the rezoning or zoning variance places an undue burden on existing infrastructure and whether capacity exists for any projected increase that may be generated by such rezoning or zoning variance;

m.

Whether a requested use will be in compliance consistent with all applicable zoning regulations contained within Chapter 28, the Town of Pembroke Park Code of Ordinances.

(2)

Matters not relevant. No conforming or nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered as support for approval of any request.

(b)

The Hearing Examiner shall serve in an advisory capacity to the Town Commission with respect to owner-initiated, site-specific rezoning and zoning variance requests, and in such capacity shall not make final determinations.

(c)

All decisions of the Hearing Examiner shall be in the form of a recommendation to the Town Commission. Only a party of record, or his or her representative, who has filed a request for appearance shall be afforded the right to address the Town Commission.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

The Town Commission shall hold a public hearing on the recommendations of the Hearing Examiner. Such hearing shall be based solely on the record of the hearing before the Hearing Examiner.

(b)

When determining whether to adopt a proposed recommendation of the Hearing Examiner, the Town Commissioners shall consider:

(1)

The criteria set forth in section 28-75(a) above.

(2)

The substantive recommendation of the Hearing Examiner.

(c)

In exercising its authority, the Town Commission shall consider the recommendation of the Hearing Examiner, but may, in conformity with the provisions of this chapter, reverse, affirm, or modify the recommendation of the Hearing Examiner.

(d)

The decision of the Town Commission on a request for an owner-initiated site-specific rezoning or zoning variance is final.

(e)

Appeal of a decision of the Town Commission concerning a rezoning or zoning variance shall be by writ of certiorari to the Circuit Court pursuant to Florida Rules of Civil Procedure 1.630.

(f)

A denial by the Town Commission is a denial with prejudice. If an application is denied, no similar application shall be resubmitted or initiated for a period of twelve (12) months from the date of denial. This prohibition shall not apply to the application for a different rezoning or zoning variance which, in the opinion of the Town Administrator, is substantially different from the request originally denied.

(g)

In the event the Hearing Examiner or Town Commission requires the applicant to modify the request for rezoning or zoning code variance, such request shall be deemed to be a denial without prejudice. The applicant may submit the modified application without waiting the twelve-month period set forth above. Such application shall clearly state the modifications which have been made to the original request.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

No application for rezoning or zoning variance shall be heard by the Hearing Examiner until such time as the appropriate departments within the Town review the request for rezoning or zoning variance and provide their comments at the public hearing.

(b)

No public hearing shall be commenced by the Hearing Examiner or Town Commission unless an affidavit of proof of required notice publications, posting and mailing (if applicable) is presented to the Hearing Examiner for review, and subsequently submitted to the Town Administrator, or his or her designee, for filing with the minutes of the meeting.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

At a public hearing before the Hearing Examiner, all persons shall be heard. However, the Hearing Examiner shall have the right to refuse to hear testimony which is not relevant, or which is repetitive, defamatory or spurious.

(b)

At a public hearing regarding an owner-initiated site-specific rezoning or zoning variance request before the Town Commission, only a party of record to the proceeding before the Hearing Examiner, or his or her representative, which has filed a request for appearance with the Town Administrator shall be afforded the opportunity to address the Town Commission, but only as to the correctness of the findings of fact or conclusions of law contained in the record, or to allege the discovery of relevant new evidence which was not known by the person providing testimony at the time of the hearing before the Hearing Examiner, and not otherwise disclosed in the record.

(c)

The Town Commissioners may, at the public hearing, question staff and any party of record who is present regarding matters contained in the written record and points of law or procedure.

(d)

All information provided to the Town Commission at the public hearing shall be by sworn testimony.

(Ord. No. 94-7-4, § 6, 7-13-94)

(a)

No persons shall knowingly have or attempt to initiate an unauthorized communication with the Hearing Examiner or any member of the Town Commission concerning substantive issues relating to a pending or proposed owner-initiated site-specific rezoning or zoning variance application or appeal.

(b)

No member of the Town Commission shall knowingly have or attempt to initiate an unauthorized communication with the Hearing Examiner concerning any substantive issue relating to an application which will be or is currently before the Hearing Examiner for consideration.

(c)

No Hearing Examiner, member of his or her staff, or member of the Town Commission, shall knowingly attempt to initiate an unauthorized communication with the Town Commission concerning substantive issues in an application which will be or is pending before such Hearing Examiner. The Hearing Examiner may communicate with the Town Commissioners concerning procedural matters and the administration of his or her office.

(d)

If an unauthorized communication is knowingly made or attempted to be made to the Hearing Examiner, a member of his or her staff, or member of the Town Commission prior to the public hearing before the Hearing Examiner, such communication shall be publicly disclosed and placed in the public record. If, in the opinion of the Hearing Examiner, the unauthorized communication prejudices the Hearing Examiner's ability to decide the request for rezoning or zoning variance in an objective manner, the Hearing Examiner shall recuse himself or herself and abstain from participating in any consideration of the pending rezoning or variance. In such event, a deputy Hearing Examiner shall be appointed.

(e)

Any unauthorized communication received by a member of the Hearing Examiner's staff concerning a request for rezoning or zoning variance which is received prior to the hearing on such request for rezoning or zoning variance shall be copied or transcribed, if necessary, and entered into the record of the pending proceedings. Copies of any unauthorized communication shall be furnished to all interested parties of record. The Hearing Examiner and Town Commission shall set filing deadlines prior to each hearing. After such deadline, no further documentation shall be included in the public record for consideration by the Hearing Examiner, except those presented at the hearing. All items submitted for inclusion in the public record within the adopted time frames must be forwarded to the Hearing Examiner's Office. Items submitted to the Town Commission shall be returned to the person submitting such items. Items not included in the public record or presented at the hearing will not be considered by the Hearing Examiner or the Town Commission.

(f)

Nothing set forth herein shall prohibit the discussion of any request for rezoning or zoning variance by and between the Hearing Examiners, or between a Hearing Examiner and his or her staff.

(Ord. No. 94-7-4, § 6, 7-13-94)

No building permit for any structure, occupational license or certificate of use for any use shall be issued for any use listed as a special exception in this chapter until the following procedure has been completed:

(1)

An application for special exception use shall be filed with the Planning Department at least thirty (30) days prior to the Planning and Zoning Board meeting at which it will be considered. An application fee as set forth in a resolution adopted by the Town Commission shall be paid by the petitioner upon the filing of the application.

(2)

The application shall contain or be accompanied by all information necessary for the Town staff to determine that the proposed structure(s) or use(s) shall satisfy the requirements for special exception use specified or set forth herein. Such information shall include a site development plan, landscape and buffer plan, proposed hours of operation, proposed use limitations, and any other information which may be required by the Town Manager or his designee in order to determine compliance with the requirements of this section.

(3)

The application shall be presented to the Planning and Zoning Board, along with the recommendation of the Town Manager or his designee, for consideration at a public hearing. The Board shall, in turn, make a specific recommendation to the Town Commission containing any reasonable conditions necessary to permit the requested use and satisfy the requirements for special exception use as specified in this section. If the Board determines that the proposed special exception use does not meet the requirements of this section, the Board shall recommend denial.

(4)

No sooner than fifteen (15) calendar days from the date of the Planning and Zoning Board recommendation, the Town Commission shall consider the application along with the recommendation of the Town Manager or his designee and the Planning and Zoning Board. If approved with conditions, the building permit, occupational license or certificate of use, as appropriate, shall contain those conditions.

(5)

The standards and guidelines to be applied by the Planning and Zoning Board and by the Town Commission in considering applications for a special exception use are as follows:

a.

An otherwise lawful activity may, because of its location, interfere with the property rights of adjacent landowners by creating an unreasonable disruption to the area by way of increasing vehicular traffic, noise, light, storage and use of dangerous materials, intensity of development and other reasons. It is the intent of this section that each application for approval of a special exception use be evaluated in light of the unique characteristics of the neighborhood in which it is to be located and the positive and negative effects that it will have on that neighborhood and the community in general. Special consideration is to be give to the effect that the proposed special exception use will have on the safety and welfare of the minor residents of the area.

b.

Consideration will be given to the volume and type of vehicular traffic associated with such use, particularly its impact on residential streets.

c.

Conformity to goals, objectives and policies of the Pembroke Park Comprehensive Plan.

d.

The economic impact on the Town's finances due to reduction of taxable property value, increased Town services or other related economic factors.

e.

Any additional factors or considerations which may be reasonably calculated to materially affect public health, safety and welfare; these must be explicitly stated in the resolution to approve or deny.

f.

The Town Commission shall consider the application for special exception at a public hearing scheduled for said purpose. Notice of the public hearing shall be published in a newspaper with general circulation in the Town at least five (5) days before the public hearing.

(Ord. No. 00-9-2, § 1, 9-22-00)

The applicant for a special exception use permit 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 Town Commission.

(Ord. No. 00-9-2, § 2, 9-22-00)

When granting approval for a special exception use, the Town Commission may attach conditions and safeguards, in addition to those prescribed herein and elsewhere in the Code of Ordinances governing such special exception use, as the Commission determines are necessary for the protection of the surrounding property, the neighborhood, and the area of the Town where such use is to be granted.

(Ord. No. 00-9-2, § 3, 9-22-00)

All applications for a special exception consistent with this chapter shall be accompanied by a nonrefundable fee, as set forth by the Town Commission by means of a resolution. The Town Manager or his or her designee may require an initial deposit of two thousand dollars ($2,000.00) for consultant costs required for certain reviews. Whenever the deposit balance is twenty (20%) percent or less of the initial deposit, a supplemental deposit will be required before any further review or processing continues. The person making the initial deposit will be notified when a supplemental deposit is required. The amount of the supplemental deposit shall be seventy-five (75%) percent of the initial deposit. Several supplemental deposits may be required depending on the complexity of the review request.

(Ord. No. 03-09-05, § 3, 9-10-03; Ord. No. 2021-003, § 5, 3-10-21)