(a)

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

(b)

Powers and Duties It will be the primary focus of the DRC to ensure that proposed plans are sufficiently detailed so as to minimize potential permitting conflicts assuming that the proposed plan is approved and construction drawings are prepared in accordance therewith, and to attempt to identify and resolve potential plan-generated conflicts or life safety concerns that might arise as a result of the individual member department's requirements or comments. It is intended that meetings of the DRC will be collaborative in nature.

The DRC shall review and render decisions or recommendations on applications for development included in Table 21-1:

(c)

Membership

(1)

The DRC shall be composed of representatives of the following City Departments: Building; Engineering; Fire; Planning, Zoning and Economic Development (PZED); Police; Public Works; and Utilities. The Mayor shall approve the designation of each department's representatives. The Mayor may appoint other staff members to the DRC as necessary to carry out its duties and responsibilities.

(2)

The PZED Director or assigned designee shall be the chairperson and perform the function of moderator, as well as to set the agendas for the committee. The City Engineer shall be the vice-chairperson and shall serve as and perform the duties of the chairperson in the chairperson's absence. If neither of these department heads are present for a scheduled meeting, then those persons present shall determine who shall be the chairperson for that meeting.

(3)

The chairperson may request the participation of professional experts, representatives from an adjacent municipality, or representatives from a County, Regional or State agency if it is determined that a proposed development would impact the adjacent municipality or if the other agencies and/or professional experts can provide expertise concerning the proposed development.

(d)

DRC Meetings and Procedures

(1)

Quorum Except as provided in this section, a DRC meeting shall not be called to order, nor shall any business be transacted, without a quorum consisting of at least five (5) DRC members being present. The chairperson shall be considered and counted as a member. When there is an absence of a quorum, those members who are present may convene for the purposes of continuing a public hearing, holding a workshop or scheduling a special meeting.

(2)

Time of Regular Meetings Regular meetings shall be held no less often than once every month, unless there isn't any business to come before the DRC, according to a schedule as established annually by the PZED, or as needed.

(3)

Submittal Proposals to be presented to the DRC must be submitted to PZED by the deadlines posted in accordance with the Department's schedule of meetings and deadlines. This schedule shall be published no less than annually.

(4)

Written Comments to Applicants Each DRC member will review the proposal and make written comments and recommendations covering the committee members' areas of expertise. Such comments and recommendations will be filed electronically by the established deadlines. Written comments and recommendations of the DRC shall be provided to the applicant within a reasonable time prior to the Meeting.

(5)

Public Meetings All DRC meetings shall be public meetings and all records of such meetings shall be public records. The applicant or its representatives must be in attendance at the DRC meeting for the committee to review and provide recommendation on all applications for development.

(6)

Vote The DRC shall not vote to recommend approval or denial of a proposed project. The fact that certain members of the DRC may disagree with qualitative aspects of a project which do not involve life safety concerns, or whether a project should be approved or denied based on applicable standards or criteria which do not involve life safety concerns, shall not prevent the applicant from moving forward through the review process or seeking available administrative relief, provided that the proposal is substantially complete and all comments are addressed. Examples of aspects of a project that involve life safety concerns include: (i) traffic queuing, circulation, volume, and sight visibility; (ii) the Florida Building Code; (iii) the City's Fire Prevention, Floodplain and Stormwater Management, and Utilities Codes; and (iv) recommendations for project changes (or alternatively for equipment or facilities to be funded by the City or the developer, or both) which are necessary to reasonably ensure that the project does not adversely impact law enforcement, fire suppression or emergency medical rescue capability, or other life safety concerns. If three (3) or more of the DRC members determine that the proposed plans are not sufficiently detailed, the application shall be deferred until the plans are in conformance. Applicants will be required to return to the DRC for another review before proceeding through the review process, unless at least five (5) members agree that the potential changes that might reasonably be made to address member comments would not create the potential for interdepartmental conflicts and would not involve life safety concerns.

a.

If an applicant chooses to disagree with the recommendations and requests of the DRC, such disagreement may be considered by the Planning and Zoning Board, unless expressly provided otherwise elsewhere in this Code. The Board will make a recommendation concerning the disagreement to the City Council. The Board will not be able to review a disagreement concerning whether the plans presented to the DRC are sufficiently detailed.

b.

The City Council will then make a decision upon such areas of disagreement and such decision shall be incorporated in the proposal. Unless the approving motion states specifically otherwise, all Staff comments and recommendations shall be included in the approval.

(7)

Records The City Clerk shall keep minutes of all DRC proceedings. All such records shall be public records, available for copying and inspection during normal business hours.

(8)

Nothing in this section or this article shall be interpreted or construed as authorizing waivers or exceptions to the current edition of the Florida Building Code, applicable portions of the current edition of the National Fire Prevention Code, other life safety requirements, or other provisions of this Code which are mandatory in nature and which are not subject to this chapter's various forms of administrative relief.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 4(Exh. D), 8-24-2022)

(a)

Creation The existing advisory Planning and Zoning Board is hereby reconstituted as the Planning and Zoning Board (PZB).

(b)

Powers and Duties The PZB shall have the powers and duties listed herein and as further set forth in Table 22-1 in regard to these LDRs, except for variances from setback and other dimensional requirements and other regulations pertaining to single family and duplex residences, as well as Appeals, in which cases the PZB shall have final authority. The PZB shall act as an advisory board to the City Council on the following matters:

(1)

To act as the Local Planning Agency (LPA) as provided in Florida Statutes § 163.3174; and

(2)

To review and make recommendations to the City Council on the following development approvals included in Table 22-1, pursuant to adopted procedures delineated in Article V; and

(3)

To hear and decide Appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter; and

(4)

To review and make recommendations to the City Council on any other matter referred to it by the City Council; and

(c)

Membership The PZB shall be composed of:

(1)

Seven (7) members who shall be appointed as specified in Section 2-32 of the Code of Ordinances. Each appointee shall be a resident of the City and, as near as practical, shall have experience in one or more of the following areas: land use, land development, urban design, architecture, landscape architecture, engineering, traffic engineering, real estate brokerage, environmental science, practice of law or elected public service. Each appointee shall serve until a replacement appointment is made.

(2)

In addition to the seven (7) regular voting members of the Board, there shall also be seven (7) alternate members, all of whom shall be residents of the City.

a.

The Mayor and each member of the City Council shall appoint one (1) alternate member. The seventh alternate member shall be appointed on a rotation basis similar to the seventh regular voting member's appointment rotation, so that (absent a trade), the elected official which appoints the seventh regular voting member shall be the elected official that appoints the seventh alternate member.

b.

Each alternate member shall serve in lieu of the corresponding appointed regular voting member as an acting regular voting member, when such regular voting member is absent from any PZB meeting. In the event that both a regular and the corresponding alternate members are absent from a PZB meeting, another alternate member shall be seated on a rotation basis according to the seat number of the alternate member's appointor (in such case, the Mayor shall be considered as occupying seat number six (6).

c.

When acting as a regular voting PZB member, an alternate member shall be able to exercise the full powers and authority held by any other regular voting PZB member.

d.

All alternate members shall be encouraged to attend every PZB meeting.

e.

Each alternate member shall serve at the pleasure of such alternate member's appointor. Subject to the preceding sentence and regardless of when appointed, an alternate member shall serve for a term co-extensive with the then remaining term of such alternate member's appointor (so that whenever such appointor's term expires or otherwise ends, the alternate member's term of service shall also expire or otherwise end).

(3)

One (1) ex-officio member who shall be appointed by the School Board of Broward County, pursuant to Florida Statute § 163.3174(1), as may be amended from time to time. When the PZB is sitting as the Local Planning Agency, the school board representative shall be an ex-officio, non-voting member, who shall not be considered for quorum or voting purposes and shall only attend those meetings where Comprehensive Plan amendments and Rezonings are being considered that would, if approved, increase residential density on the property that is the subject of the application.

(d)

Officers The PZB shall annually, at its first regular meeting of a new fiscal year, elect a chairperson and vice-chairperson from among its members and may create and fill such other offices as necessary. Terms of all offices shall be for one year, with eligibility for re-election.

(e)

PZB Meetings and Procedures.

(1)

Quorum Except as provided in this section, a meeting of the PZB shall not be called to order, nor shall any business be transacted by the PZB, without a quorum consisting of at least four (4) members being present; provided, however, that no final decision shall be made except upon four (4) affirmative votes therefor. The chairperson shall be considered and counted as a member. When there is no quorum, those members who are present may convene for the purposes of moving to continue a public hearing, holding a workshop or scheduling a special meeting.

(2)

Time of Regular and Special Meetings Regular meetings of the PZB shall be held no less often than once every month, in the evening hours, unless there isn't any business to come before the Board, according to a schedule as established from time to time by the PZED Department. Special meetings may be called by the Chairperson of the PZB, a majority of the members of the PZB, a majority of the City Council, or the Mayor. If consideration of a matter is postponed due to lack of a quorum, the PZB shall continue the meeting to the next scheduled or special meeting thereafter. In the case of delays caused by other reasons, the meeting should be rescheduled to the next PZB meeting. The City Clerk shall notify all members of the date of the continued meeting.

(3)

Public Meetings All meetings of the PZB shall be public meetings and all records of such meetings shall be public records. The applicant or its representatives must be in attendance at the PZB Meeting for the Board to review and provide recommendation on all applications for development. Failure of the applicant or its representatives to attend before the termination of the meeting, will result in an automatic continuance to the next regularly scheduled meeting.

(4)

Vote A final decision of the PZB shall not be valid unless authorized by a majority vote of the membership (minimum 4 votes).

(5)

Records The City Clerk shall keep minutes of all PZB proceedings, showing evidence presented, the names of all witnesses giving testimony, findings of fact by the Board and the vote of each member upon each question, or if absent and failing to vote, such fact. All such records shall be public records, available for copying and inspection during normal business hours.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 4(Exh. D), 8-24-2022; Ord. No. 2024-010, § 2(Exh. B), 8-21-2024)

(a)

Powers and Duties In addition to any authority granted to the City Council by State law, the City Charter, or the City Code of Ordinances, the City Council shall have the powers and duties listed herein in regard to the LDRs. The City Council's authority shall include, but not be limited to approval, approval with conditions or modifications, or denial:

(1)

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

(2)

To consider all applications for development included in Table 23-1, pursuant to adopted procedures delineated in Article V and take action as may be appropriate.

Note: Proceed at Risk applications shall be subject to consideration and approval by the City Administration, along with the Building Official, Fire Marshal, City Engineer, City Attorney and/or PZED Director, as applicable. The Chief Administrative Officer may delegate the final decision to the City Council, as necessary.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 4(Exh. D), 8-24-2022; Ord. No. 2024-010, § 2(Exh. B), 8-21-2024)

(a)

Intent It is the intent of the City to provide an equitable and efficient manner for the City to hear matters which are considered quasi-judicial in nature. Notwithstanding other provisions in the City Code, Sections (a) through (d) [of this section] provide the City's procedures to be utilized for quasi-judicial proceedings. These procedures shall be utilized by the Planning and Zoning Board and the City Council in regards to hearings on quasi-judicial matters in which the applicable body is the final authority.

(b)

Definitions As used in this Section, the terms listed below shall be defined as follows:

Party or Parties means the petitioner, City, and any affected person who has requested to be heard at the proceeding.

Quasi-Judicial means the application of a general rule or policy to specific individuals, interests, or activities.

Quasi-Judicial Proceeding means a hearing held by the Planning and Zoning Board or City Council to adjudicate private rights of a particular person which comports with due process requirements, and makes written findings of fact and conclusions of law on the issue.

Site Specific means an individual piece of real estate which can be clearly defined by street address, legal description or similar means at a single identifiable location.

Furthermore, other relevant terms are defined in Section 27-11.

(c)

Quasi-Judicial Matters

(1)

For the purpose of this article, the following shall be considered to be Quasi-Judicial:

a.

Conditional Uses;

b.

Physical Variances and Sign Special Exceptions;

c.

Site Plans and Site Plan Amendments;

d.

Site-Specific Rezonings;

e.

Use Variances; and

f.

Any other development approval deemed to be Quasi-Judicial by the City Attorney.

(2)

All quasi-judicial proceedings before the City Council shall be held immediately following the closing of the final public hearing related to the matter. Notwithstanding other provisions of the City Code, the Planning and Zoning Board and City Council shall follow the procedures of this article in hearing quasi-judicial matters before the Board or Council when the Board or Council has final authority.

(d)

Procedures Regarding Quasi-Judicial Proceedings

(1)

Ex-Parte (Oral) Communications Board and Councilmembers should avoid ex-parte communications where they are identifiable. However, it is recognized that in reality, councilmembers are elected officials and board members are appointed officials who may unavoidably be recipients of unsolicited ex-parte communications regarding quasi-judicial matters for which the Board or Council will be required to decide. Any ex-parte (oral) communications which are made to any Board or Councilmember with regards to any quasi-judicial matter by any person who has a direct or indirect interest in the proceeding, or by any authorized representative or counsel, shall be reported and become part of the record of the proceedings. The report of the incident shall include the identification of the person(s) involved in any ex-parte communication and a description of the substance of the communication and any response. At the proceeding, the party(ies) responsible for the ex-parte shall have the opportunity to contest the accuracy of the communication and may be required to prove absence of prejudice.

(2)

Notification and Affected Parties

a.

Notification and required forms to be completed by affected person(s), the petitioner and the City. No later than fourteen (14) calendar days prior to the proceeding(s), a mail notice containing the name of the petitioner for the requested action, the date and time of the proceeding(s) and the location where the petition and any back up information may be reviewed. In addition, the notice shall inform all affected persons that they will be allowed to present evidence at the hearing, bring forth witnesses, and cross-examine witnesses. This notice shall be sent to surrounding property owners as set forth in Section 27-41(m)(1) as each is listed in the latest ad valorem tax records of Broward County. Mail notice may be provided by bulk mail, first class mail or certified mail, return receipt requested.

b.

Except for site-specific rezoning ordinances, or other site specific development approvals deemed quasi-judicial by the City Attorney that are approved by Ordinance of the City Council, at least seven (7) calendar days prior to the proceeding, where applicable for specific development application types, the City shall provide a legal advertisement to be published in a newspaper of general paid circulation in Broward County and of general interest and readership in the community, not one of limited subject matter. Said notice shall state the name of the petitioner for the requested action, the date, time and location of the proceeding, and the location and times where and when the petition and any back-up information may be reviewed. In addition, the notice shall inform all affected persons that they will be allowed to present evidence at the hearing, bring forth witnesses, and cross-examine witnesses provided they notify and file the required forms provided by the City Clerk's office, the substance of which is described in subsection (d), below, at least seven (7) calendar days prior to the proceeding. Site-specific rezoning ordinances, or other site specific development approvals deemed quasi-judicial by the City Attorney that are approved by Ordinance of the City Council, shall be advertised in accordance with Florida law.

c.

All cost for notification shall be paid by the petitioner. Notification costs expended by the City Clerk's office and reimbursed by the petitioner shall go directly back to the City Clerk's office. Funding and reimbursement costs shall be evaluated on a project-specific basis.

d.

Any affected person desiring to testify, present evidence, bring forth witnesses, or cross-examine witnesses at the proceeding shall complete the required forms provided by the City Clerk's office which forms shall, at a minimum:

(1)

set forth the affected person's name, address and telephone number which shall serve as notice to the petitioner and the City of the affected person's intent to appear at the proceeding to testify, present evidence, bring forth witnesses, or cross-examine witnesses;

(2)

set forth the names, addresses and telephone numbers of all witnesses including consultants or experts to testify on their behalf;

(3)

provide copies of all documents, correspondence, memoranda or other evidence the affected person intends to present, use or make reference to during the proceeding;

(4)

indicate whether the affected person is for or against the petition; and

(5)

indicate how the affected person qualifies as an affected person. The required form must be completed and returned to the City Clerk's office at least seven (7) calendar days before the proceeding.

e.

The petitioner and the City shall also complete the required forms, provided by the City Clerk's office, described in subsection (d) above. The completed form shall be returned to the City Clerk's office within the time set forth in subsection (d) above.

(3)

Participation in Quasi-Judicial Proceedings

a.

Any adversely affected person desiring to testify at the proceeding must indicate how he or she qualifies as an affected person and whether he or she is for or against the petition. In addition, the affected person must disclose witnesses or anyone providing sworn testimony, including consultants and expert witnesses.

b.

The proceedings shall be conducted in an informal manner. Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any relevant matter; and rebut evidence.

c.

All persons testifying before the Board or Council must be sworn in. The petitioner, members of the Board or Council and any affected person who appears at the proceeding shall be given the opportunity to question or cross-examine any witnesses.

d.

All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible, whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.

e.

The Board or Council shall have the authority to refuse to hear any testimony which is irrelevant or repetitive.

f.

Hearsay evidence may be used for the purpose of corroborating, supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.

g.

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.

h.

An affected party shall be entitled to conduct cross-examination when testimony is provided or documents are made a part of the record.

i.

The office of the City Attorney shall represent the Board and/or Council and advise as to the propriety and admissibility of evidence presented at the proceeding.

(4)

Quasi-judicial Proceedings The proceedings shall be conducted in an informal manner. Each affected party shall have the right to do the following:

a.

To call and examine witnesses;

b.

To introduce exhibits;

c.

To cross-examine opposing witnesses on any relevant matter; and

d.

To rebut evidence.

(5)

Conduct of Quasi-Judicial Proceedings To the greatest extent possible, the following shall be the order of the proceedings:

a.

Call the proceeding to order and announce the beginning of the proceeding. At least a majority of the Board or Councilmembers must be continuously present during the proceeding.

b.

The matter to be heard and the rules concerning the admissibility of evidence should be announced.

c.

Statements of counsel shall only be considered as argument and not be considered as testimony, unless:

1.

Counsel shall announce that counsel's testimony is fact-based, and counsel established a predicate therefore, or

2.

Said testimony is provided as "expert testimony". Counsel for parties shall not be subject to cross-examination.

d.

City staff shall present its report on the matter as well as any comments. This report shall include, but not be limited to, a description of the request of the petitioner; a description/background related to the petition; an analysis which includes the consistency with the City's Comprehensive Plan, if applicable, and how the petition does or does not meet the requirements of the City Code; a listing of the exhibits to be presented; a listing of potential witnesses; a summarization of the issues; and the Staff recommendations. The recommendation(s) shall include specific findings in support of justifying a recommendation for approval or denial of the petition.

e.

Petitioner, or his or her representative(s) shall make a presentation. The petitioner should include a description of the nature of the petition if there is additional information that has not been provided by the City. In addition, the petitioner shall introduce any exhibits and witnesses.

f.

Affected parties who are in support of the petition shall make their presentations. An affected party in support shall introduce any exhibits and witnesses.

g.

Affected parties who are in opposition of the petition shall make their presentation(s). An affected party in opposition shall introduce any exhibits and witnesses.

h.

Staff shall provide a response to any other party to the proceeding.

i.

After each witness testifies or documents are made a part of the record, an affected party shall be permitted to question the witness(es). The questioning party is not permitted to make any statements, only to ask questions which are directly related to the testimony presented.

j.

The petitioner may conduct a final presentation in response to any testimony from other affected parties.

k.

City Staff may conduct a final presentation in response to any testimony from other affected parties.

l.

At the discretion of the Board or Council, the petitioner may be permitted to respond to final staff recommendations.

m.

The Board or Council shall deliberate on the petition. No further testimony shall be taken at this time and the members shall not ask further questions of persons presenting testimony. The Board or Council shall discuss the evidence that was presented at the proceeding and vote on the petition.

(6)

Final Determination by the PZB or Council In reaching a determination as whether to grant or deny the petition, the Board or Council shall:

a.

Consider whether the petitioner's request is consistent with the City's Comprehensive Plan, if applicable, and

b.

State with specificity the reasons for the approval, approval with conditions or denial of the petition. Said approval or denial may reference the staff report. If an ordinance or resolution is required to be adopted by the City Council, the ordinance or resolution shall be the final action of the City; otherwise, a final development order (i.e., "order") shall be prepared.

c.

The final order shall state whether or not the order is to be recorded in the public records of Broward County. If the order is required to be recorded in the public records of Broward County, the petitioner shall pay the cost for the recording.

(7)

Preparation of the Order The PZED Department shall prepare the final order of the Board or Council based upon the determination. The final order shall include, but not be limited to, the finding of facts, any conditions, requirements or limitations on the approval of the petition, and whether or not the order shall be recorded in the Broward County public records. If an ordinance or resolution is required to be adopted upon approval of an action by the Council, a final order will not be prepared, unless the petition is denied.

(8)

Continuances and Deferrals If, in the opinion of the Board or Council, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the Board or Council may continue the case to a designated time to allow for the additional research or review. After the decision is made to continue, the date to which the proceeding shall be continued shall be announced at the proceeding.

(9)

Transcription of Quasi-Judicial Proceedings

a.

The official transcript of a proceeding shall be preserved by tape recording or another device. Nothing precludes any party from providing a court reporter for the proceeding if the Board or Council has not done so.

b.

A party to the proceeding may request that all or part of the transcript of the proceeding be transcribed into verbatim written form. In such case, the person requesting the transcript shall be responsible for the cost of production of the verbatim transcription.

(10)

Maintenance of Evidence and Other Documents The office of the City Clerk shall retain all of the evidence and documents presented at the proceeding, except for large scale exhibits which shall be retained by the PZED Department, all which become a part of the public record of the proceeding. All evidence and documents shall be scanned, saved and retained in an electronic format in perpetuity.

(11)

Appeal of Final Determination by the PZB or Council The final determination of the Board or Council is subject to judicial review in a court of competent jurisdiction.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 4(Exh. D), 8-24-2022; Ord. No. 2023-007, § 2, 5-24-2023)

Editor's note— Ord. No. 2024-001, § 14(Exh. N), adopted January 24, 2024, repealed § 27-25, which pertained to plan adjustment committee and derived from Ord. No. 2597a, § 3(Exh. A), March 24, 2021; Ord. No. 2620, § 4(Exh. D), August 24, 2022.