Pembroke Pines City Zoning Code
ARTICLE 1
PURPOSE
§ 155.100 TITLE.
This Code shall be officially entitled the "Land Development Code of the City of Pembroke Pines, Florida", and may be referred to as the "Pembroke Pines Land Development Code," the "Land Development Code," the "LDC," or "this Code".
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.101 AUTHORITY.
This Code is enacted pursuant to the requirements and authority of F.S. Ch. 163, Pt. II (the "Local Government Comprehensive Planning and Land Development Regulation Act"), the general powers confirmed in F.S. Ch. 166 ("Home Rules Powers Act") and the Constitution of the State.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-21)
§ 155.102 GENERAL APPLICABILITY, ANNEXATION AND VESTED RIGHTS.
(A) General applicability. Unless otherwise permitted as an exception under division (C) below or allowed to continue as a nonconforming use, all existing, proposed and new development and uses of land in the city 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 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 stop or otherwise prevent the city from strict enforcement of the provisions of this Code. If provisions of this LDC are inconsistent with one another, or with provisions of other adopted codes or ordinances of the city, or with provisions of applicable county, state, and federal laws, the more restrictive provision shall govern to the extent permitted by law unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions, or more stringent controls.
(B) Annexation agreements. Nothing in this LDC is intended to supersede, annul, or interfere with any rights, covenant, or other agreements provided for in any currently effective annexation agreement between the city and any private parties, but such annexation agreements shall not excuse any failure to comply with any applicable provisions of this LDC.
(C) Exceptions.
(1) The provisions of this LDC and any amendments hereto, shall not affect existing development which has been previously approved and is otherwise exempted in accordance with the provisions of this division, or the nonconformity section of this Code.
(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 the effective date of this Code. 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. If a vested right expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.
(3) Notwithstanding anything to the contrary in this Code, properties zoned 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 master site plan that includes specific land development standards adopted by the City Commission. If no such master site plan exists, or such plan has expired, such development shall conform to the provisions of this Code.
(4) A development application accepted as complete under the prior regulations, but still pending a final decision as of the effective date of this Code, shall be reviewed and decided, at the applicant's option as stated in writing, wholly under the development regulations in effect when the application was accepted, or wholly under this Code (but not under a mix of provisions from both sets of regulations).
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.103 CONSISTENCY WITH COMPREHENSIVE PLAN.
Nothing in this subchapter shall be construed to authorize development that is inconsistent with the city's comprehensive plan, as may be amended from time to time.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.104 PURPOSE.
The purpose and intent of the LDC is to promote the public health, safety, and general welfare, and to implement the goals, objectives, and policies in the City of Pembroke Pines Comprehensive Plan. More specifically, the LDC is intended to do the following:
(A) Establish comprehensive, consistent, effective, and equitable standards, processes and procedures for the review and approval of development which implement the comprehensive plan and other adopted plans, respect the right of landowners, and consider the interest of the city's citizens.
(B) Enhance the quality of life of all residents and property owners of the city.
(C) Establish rules of procedure for land development approvals.
(D) Promote the orderly development of land within the city.
(E) Strengthen the value of land, buildings and resources, by protecting landowners from adverse impacts of adjoining developments.
(F) Support economic development that is consistent with the city's mission.
(G) Provide diverse housing opportunities.
(H) Support and encourage green building practices.
(I) Provide for safe and efficient traffic circulation of pedestrian and vehicles.
(J) Establish an overall sense of place for the city.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.105 INTERPRETATION.
(A) The interpretation and application of the provisions of this Code will be construed broadly to promote the public health, safety, and general welfare of the city, its residents, and businesses.
(B) Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the Director of the Planning and Economic Development Department shall be responsible for interpretation and shall look to the city comprehensive plan for guidance. Responsibility for interpretation by the Director shall be limited to standards, regulations, and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, not be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.106 SEVERABILITY.
(A) If any court of competent jurisdiction invalidates any provision of this Code, such judgment shall not affect the validity of any other provision of this Code.
(B) If any court of competent jurisdiction invalidates the application of any provision of this Code to a development, such judgment shall not affect the application of that provision to any other development not specifically included in the judgment.
(C) If any court of competent jurisdiction invalidates any condition attached to a development approval granted under this Code, such judgment shall not affect the validity of any other condition attached to the approval that is not specifically included in the judgment.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.107 USE OF PROPERTY IN GOVERNMENT CAPACITY.
The provisions of this Code are not intended, and shall not be construed, to preclude the use of any property by the city in any city government capacity, function, or purpose.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
§ 155.108 EFFECTIVE DATE.
The effective date of the Land Development Code of the City of Pembroke Pines, Florida is March 22, 2021.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)