The following procedures and requirements are generally applicable to the development application types included in this Article, unless otherwise specified in the subsections for each type. As used in this Section, the terms "development permit" and "development order" have the same meaning as in Florida Statute 163.3164, but do not include building permits.

(a)

Applicant Requirements An application requesting approval of a development permit or development order may be filed only by the owner of the land affected by the development permit, or an agent of the owner specifically authorized in writing by the owner to file such an application. In the case of an amendment to the Comprehensive Plan, official zoning map (i.e., Rezoning), or LDRs, an application may be filed by either the property owner or the City.

(b)

Pre-Application Requirements For any application filed with the City after July 1, 2012, the City shall not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any State or Federal agency unless the agency has issued a final agency action that denies the Federal or State permit before the City action on the local development permit. Issuance of a development permit or development order by the City does not create any right on the part of an applicant to obtain a permit from a State or Federal agency and does not create any liability on the part of the City relating to issuance of the permit or order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by an agency or undertakes actions that result in a violation of State or Federal law. All other applicable State or Federal permits be obtained before commencement of the development.

(c)

Application Requirements Every application requesting approval of a development permit or development order shall be in a form specified by the department and shall be accompanied by a fee, and, if applicable, a trust account to defray the costs of processing and reviewing the application. The application shall be complete and accompanied by all required documents specified by the application form(s) or such additional information that may be requested by the Director.

(d)

Pre-Development Meeting The Director shall schedule and hold a Pre-Development meeting for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Formal application or filing of an application and plans with the department is not required for the pre-development meeting. Failure of staff to identify any requirements at a pre-development conference shall not constitute a waiver of any requirement by the decision-making body.

(e)

Filing of Applications - The Director shall establish application filing deadlines and a review schedule for all applications, consistent with § 166.033, Florida Statutes. All applications requesting approval of a development permit or development order filed with the department shall be reviewed to determine whether the application is complete. If an application is deemed incomplete, then the Department shall notify the applicant in writing of the deficiencies within 30 days of receipt of the application. The applicant shall have 30 days to address the deficiencies by submitting the required additional information to the Department. Within 120 days after the municipality has deemed the application complete, or 180 days for applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

When reviewing an application for a development permit or development order that is certified by a design professional listed in Florida Statute 403.0877, the City may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant shall be offered a meeting to attempt to resolve outstanding issues. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the City, at the applicant's request, shall proceed to process the application for approval or denial.

Generally, the Development Review Committee (DRC) and Planning and Zoning Board serve as recommending bodies for City Council consideration of an application or set of related applications; however, in some cases, applications may be approved by the Staff, DRC, and/or Planning and Zoning Board, as specified later in this article. The boards or committees that have the final authority may take the following actions on each application for development approval:

(1)

Approval;

(2)

Approval with conditions;

(3)

Continuance or deferral; or

(4)

Denial.

Written findings supporting the municipality's decision of an approval, approval with conditions, or denial of the application for a development permit or development order shall be provided to the applicant as required by Florida Statute § 166.033. When a municipality denies an application for a development permit or development order, the written notice to the applicant shall include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order.

(f)

Public Hearing and Notice Procedures

(1)

All public hearing and notice requirements shall be as follows:

a.

For a textual change to the City's adopted Land Use Plan or a Land Use Plan Amendment (LUPA) to the Land Use Map, public notice shall be provided in accordance with the provisions of Florida Statute § 163.3184(11) and Code Section 27-41(m), or in the case of a small-scale amendment as defined by Florida Statute 163.3187(1), notice shall be given in accordance with the provisions of Florida Statute 163.3187(2) and Section 27-41(m); and

b.

For the adoption of ordinances and resolutions, public notice shall be provided in accordance with Florida Statute 166.041 and Section 27-41(m); and

c.

Prior to consideration of quasi-judicial development permits or development orders, public notice shall be provided in conformance with Sec. 27-41(m) of these LDRs set forth below; and

d.

For adoption of resolutions to vacate city-operated and maintained easements or rights-of-way, public notice shall be provided in accordance with Florida Statutes 166.041 and City Code Section 2-163; and

e.

Prior to consideration of a development agreement as defined in Florida Statutes 163.3220—163.3243 by the City, public notice shall be advertised in accordance with Florida Statutes 163.3225.

(2)

The following types of applications must be reviewed by the following administrative bodies as set out in Table 41-1 below:

Table 41-1
APPROVAL PROCESS FOR DEVELOPMENT APPLICATIONS

⁽¹⁾  Administrative approval may apply in certain instances

(g)

Continuance and Deferrals The City Council, Board, or Committee may continue or defer a scheduled public hearing to a date and time certain without further notice except as provided for by Florida Statute § 286.011 or other applicable law. The date and time of the continuance or deferral must be announced at the originally scheduled hearing.

(h)

Examination and Copying of Application, Plans 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, unless said application or other material is copyright protected, confidential or exempt from disclosure as provided by Federal or Florida law, are available via a public records request to the City Clerk's Office.

(i)

Resubmission of Applications After Denial The same application for development approval may not be resubmitted for reconsideration to the City Council, or Planning and Zoning Board for a period of 365 consecutive days after the date on which an application for the same proposed development has been denied. An application that is significantly different from the previously denied submittal as determined by the Director may be submitted at an earlier date.

(j)

Reliance on Information Presented by Applicant The City and its departments, Boards, Committees, 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 the applicant's agent(s) or consultants, in review of an application for development approval issued under this code. The applicant shall execute an application form which includes the following statement: "Under penalties of perjury," I declare that I have read the foregoing application and all attachments thereto, and that the facts stated in it are true," followed by the signature of the applicant making the declaration. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. As provided in Florida Statute § 92.525(3), a person who knowingly makes a false declaration is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in Florida Statute § 775.082, § 775.083, or § 775.084.

(k)

Application Annulment If an applicant fails to act upon a submitted application within a 180-day period after receiving written comments from the department, the application will be deemed withdrawn by the applicant. The Director may extend the 180-day requirement if reasonable progress is being made in revising the application. For good cause shown or excusable delay, if a request is made in writing during the 180-day period, the Director may extend the 180-day period until a reasonable time that the circumstances dictate.

(l)

Community Meetings All applications for site-specific rezonings, site plans for new construction, and site-specific land use plan amendments shall be first scheduled for discussion at a community meeting subsequent to final review by the Development Review Committee and prior to submittal of the application for the Planning and Zoning Board consideration. The meeting shall be held for the applicant to present the plans to City residents and property owners, adjacent communities, and, if applicable, homeowner's and condominium associations, to obtain community input regarding the application. The meeting shall be noticed by the applicant at least ten (10) days prior to the meeting and proof of notification as well as a summary of what transpired at the meeting shall be submitted to the City prior to the application moving forward. Notice shall be sent to all affected persons according to the radius listed in Table 41-2. The community meeting shall be held in the evening hours during the week (i.e., not the weekend) at a time and place determined by the PZED Department. A lack of participation at this meeting by the public shall not prejudice the application in any manner.

(m)

Courtesy Notices The following public notices shall be provided in addition to any legally required notice by State law. These notices are provided as a courtesy to any party which may be affected, as defined by Sections 27-11, 27-24 and 27-42, by a development application for the purpose of notifying those parties of the application and their ability to review submitted information and participate in public hearings. The failure of a property owner to be furnished with or to receive a courtesy notice shall not be deemed as a failure to furnish or receive legally required written notice pursuant to this code. The responsibility of providing the notice as required by this code shall be the sole responsibility of the City.

(1)

Affected Development Applications The following development applications as defined by this Code shall be subject to the notice provisions of these regulations as set forth in Table 41-2 below:

Table 41-2
REQUIRED NOTIFICATION PROCESS FOR DEVELOPMENT APPLICATIONS

(2)

Mailed Notice

a.

A courtesy notice shall be mailed to nearby property owners as specified herein. The notification area shall be from the outer perimeters of the subject property to the nearest point of any parcel of land located within the notification area. As stated in Section 27-41(1), the failure of a property owner to be furnished with or to receive a courtesy notice shall not be deemed as a failure to furnish or receive legally required written notice pursuant to this section.

b.

All lists of property owners to whom notice must be mailed shall be based upon the most recently updated records available from the Broward County Property Appraiser's Office (BCPA). If any part of the common elements, as defined in Florida Statute § 718.103 of a condominium or any part of the common areas as defined in Florida Statute § 719.103 of a cooperative building is within the required notice limits, notice shall be sent to the condominium or cooperative association as well as each unit owner in the subject building. If property within an adjacent governmental jurisdiction is within the notice limits, notice shall be sent to the clerk of the affected unit of government; notice shall not be required for each parcel of land within the adjacent jurisdiction. Mailed notice shall at a minimum be mailed by postpaid first-class U.S. mail. Envelopes used for mailed notice shall contain the City's return address. The cost of the mailed notice shall be borne by the applicant.

c.

The mailed notice shall contain the following information:

1.

A title stating the nature of the application, which shall be at the top of the notice page, conspicuously placed, in bold type;

2.

A description of the application in layman's English language terms, that is the subject of the hearing, including the type(s) of approval requested, and the application number(s);

3.

Information regarding the application(s), planned public hearing dates and times and locations;

4.

A graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property;

5.

A notice that the public hearing may be continued from time to time;

6.

The department's contact information; and

7.

Wording consistent with Florida Statute § 286.26 as follows:

In accordance with the Americans with Disabilities Act and Florida Statute § 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk at least 48 hours prior to the proceedings at (954) 797-2237.

8.

The notice shall contain wording consistent with Florida Statute § 286.0105 as follows:

Pursuant to F.S. § 286.0105, the City hereby advises you that if you or another person decide to appeal any decision made by the City Council with respect to any matter considered at its meeting or this hearing that you or said person may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law; and

d.

The notice shall be postmarked at least fourteen (14) days prior to the first scheduled public hearing.

e.

Mail notice shall be mailed to all owners of property within the notification area as defined in Table 41-2 per Section 27-41(m)(1) above.

(3)

Posted Sign

a.

A sign which clearly announces the pending application(s) shall be posted on the property in a prominent location from an adjoining roadway or property line, or at such other location as designated by the City to ensure maximum exposure of the sign(s) to the public. If the subject property abuts more than one roadway, then a sign shall be posted along each of those roadways. A designated outparcel of a larger property which does not abut a roadway, shall have the sign posted near the closest roadway to the larger parcel. City personnel shall be responsible for installing the sign.

b.

The sign must contain a title stating the type of public hearing that is under consideration and the department's contact information;

c.

The sign shall be posted at least 10 days prior to the first scheduled public hearing.

d.

Exemption: The foregoing sign-posting requirement shall not apply to development applications for individually-owned residential single-family, duplex, and PRD properties.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2023-010, § 2(Exh. B), 7-19-2023; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024; Ord. No. 2024-010, § 2(Exh. B), 8-21-2024)

(a)

Purpose The Comprehensive Plan may be amended in accordance with this section and the notice and hearing procedures as set forth in this Code and applicable Florida Statutes. Corrections, updates, or modifications of current codes, to the extent permitted by Florida law, which were set out as part of the plan shall not, for the purposes of this section, be deemed to be Plan Amendments. Modifications to update the Capital Improvement Schedule may be accomplished by ordinance adopted pursuant to Florida Statute § 166.041(3)(a), after review and public hearing by the Planning and Zoning Board, sitting as the Local Planning Agency, and the City Council, and shall not be deemed to be an amendment to the Comprehensive Plan.

(b)

Filing Any person, Board, or agency affected by the Comprehensive Plan may apply to amend the plan, except as provided herein. An application to amend the map or text of the adopted land use plan (LUPA) may only be filed by the PZED Director, Chief Administrative Officer, City Council, or an owner of property subject to the amendment, except as otherwise provided by law.

(c)

Application Requirements LUPA application forms, along with all established and required fees, documents, studies, data and analysis, shall be submitted by the applicant to the Department. The applicant shall submit all information to adequately address the filing requirements adopted by the Florida Department of Economic Opportunity, and if applicable, the requirements of the Broward County Planning Council. In addition, the applicant shall submit all other information determined by the Director to be necessary to address the comprehensive planning criteria of the City.

(d)

Amendment Procedure The procedure for a LUPA shall be legislative and by ordinance, in accordance with Florida Statutes §§ 163.3174, 163.3184(11) and 163.3187(2), all as amended from time to time.

(e)

Public Hearings Public hearings shall be held in compliance with Florida Statutes § 163.3174 and § 163.3184(11), and § 163.3187(2) as applicable, as amended, and the provisions of this Code.

(1)

Local Planning Agency Public Hearing The Planning and Zoning Board, sitting as the LPA, shall hold at least one advertised public hearing on a proposed LUPA to review the amendment and provide recommendations to the City Council. The meeting shall be noticed in compliance with the notice requirements of this Code and Florida Statute § 163.3174.

(2)

City Council Public Hearings The Council shall hold advertised public hearings on a proposed LUPA in compliance with Florida Statutes §§ 163.3184 and 163.3187, as applicable, all as amended from time to time. The meetings shall be noticed in compliance with the notice requirements of this Code and Florida Statutes.

(f)

Transmittal of Proposed Amendment Following the first public hearing by the City Council on a proposed LUPA, the City, if required by law, shall transmit the required documents of the proposed amendment to the required State, Regional and County review agencies. If the LUPA involves an amendment to the County land use plan, then the City may transmit the required documents to the State concurrently with the County transmittal.

(g)

Adoption of Proposed Amendment If Florida law requires transmittal of the proposed amendment as provided in Section 27-42(f), upon receipt of the comments from the Florida Department of Economic Opportunity, the Council shall adopt, adopt with changes, or deny the proposed LUPA in accordance with the provisions of Florida Statute § 163.3184, as amended from time to time.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2023-007, § 3, 5-24-2023; Ord. No. 2023-010, § 3(Exh. C), 7-19-2023)

(a)

Purpose The land development regulations may be amended in accordance with this Section and the notice and hearing procedures as set forth in this Code and applicable Florida Statutes. The purpose of this Section is to provide a uniform procedure concerning the review of proposals for amendments to these regulations, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the City Council may, by ordinance duly adopt in accordance with the procedures set forth herein, amend and/or supplement this code. All amendments of the Code shall be consistent with the adopted Comprehensive Plan.

(b)

Filing An amendment to the text of this Code may be initiated by the Director, Chief Administrative Officer, or the City Council. Any affected person or persons or interested parties may also petition the City to amend the text of this Code, subject to the payment of a non-refundable application fee to cover the cost of processing the application.

(c)

Application Requirements Land Development Regulations (LDR) text amendment application forms, along with all established and required fees, documents, justification, case studies, marketing/traffic and/or economic feasibility studies and analysis, and/or graphics, shall be submitted by the applicant to the Department. All applications shall be processed according to the procedures of this Code and shall adequately address the standards identified in Section 27-43(g).

(d)

Review by Staff The Department shall review applications for amendment to the text of the code and compile a written report which summarizes the proposed language including all relevant documents, facts, and analysis, and evaluates the proposed amendment with the general purpose and standards set forth in this Section. The Director may opt to transmit a copy of the amendment(s) and the staff report to the DRC for consideration of impacts and standards.

(e)

Review by Planning and Zoning Board The Board shall review and consider amendments to the text of the LDRs and make recommendations to the City Council.

(1)

Public Hearing The Board shall hold one public hearing on the proposed text amendment. Notice of the public hearing shall be provided in accordance with Florida Statute 166.041 and Section 27-41(1) of this Code, and the public hearing shall be conducted in accordance with the provisions of this code.

(2)

Action by the Board In considering amendments to the text, the PZB shall review the proposed language, the general purpose and standards set forth in this Section, the report of the Department and any oral or written comments received before or at the public hearing. If the Board finds that the proposed amendments are in compliance with the general purpose and standards, then they shall recommend approval of the amendment to the City Council. If the Board finds that the proposed amendments are not in compliance, then they shall recommend denial of the amendments to the City Council. The Board may continue the matter until any requested information or studies have been completed and offered in testimony. The PZB, acting as the Local Planning Agency, shall also make a recommendation to the City Council whether the proposal is consistent with the Comprehensive Plan. Any documentation, including all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, graphics, emails, or other material, regardless of the physical form, characteristics, or means of transmission, presented to the Department prior to the scheduled public hearings or presented at either public hearing by anyone appearing before the PZB shall automatically be made a part of the record of the public hearing. Additionally, the minutes of the public hearing, Staff memoranda, the City Code, and the Comprehensive Plan shall automatically be made a part of the record of the public hearing.

(f)

Review by City Council The Council shall review all amendments to the text. The Director shall transmit to the Chief Administrative Officer a copy of the complete application and a written staff report summarizing the proposed language including all relevant documents, facts, and analysis and the recommendations of the PZB. The Chief Administrative Officer shall schedule the proposed amendment for the next available Council meeting provided that the required notice procedures are met.

(1)

Public Hearing In order to adopt an ordinance, the City Council shall hold two (2) public hearings on the proposed amendments consistent with the procedures for adoption of an ordinance. Notice of the public hearing shall be provided in accordance with Florida Statutes 166.041 and this Code, and the public hearing shall be conducted in accordance with the provisions of this Code. Any documentation, including all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, graphics, emails, or other material, regardless of the physical form, characteristics, or means of transmission, presented to the Department prior to the scheduled public hearings or presented at either public hearing by anyone appearing before the City Council at the public hearing shall automatically be made a part of the record of the public hearing. Additionally, the minutes of the public hearings, Staff memoranda, the City Code, and the Comprehensive Plan shall automatically be made a part of the record of the public hearing.

(2)

Action by the Council In considering text amendments, the Council shall review the proposed amendment, the general purpose and standards, the report and recommendation of the Department and recommendation of the Board, and any oral and written comments received before or at the public hearing. Based upon the record developed at the public hearings, the City Council may:

a.

Adopt the proposed amendment with or without modifications by ordinance; or

b.

Continue or defer the proposed amendment to a subsequent meeting; or

c.

Reject the proposed amendment; or

d.

Refer the matter to the Board or Department for further consideration.

e.

Take such other action as deemed appropriate by the City Council.

(g)

Standards for reviewing proposed amendments to the text of this Code In deciding whether to recommend approval of a proposed amendment, Staff, the Department, the PZB, and the City Council shall determine whether or not the proposed amendment:

(1)

is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan;

(2)

is consistent with the authority and purpose of this Code;

(3)

furthers the orderly development and enhancement of the City;

(4)

promotes long-term sustainability and efficiency of the City;

(5)

promotes the public health, safety, welfare, and aesthetics; and

(6)

improves the administration or execution of the development process.

(h)

Zoning-in-Progress When a text amendment is being considered, the City Council may resolve to impose a temporary moratorium on any development applications, permits, and licenses pending before the City with respect to the text which is the subject of the proposed amendment. The hold or stay shall continue in effect for a period from the date of the publication of notice of the consideration of the text amendment by the PZB until proposed legislation, with or without amendments, shall have been approved or disapproved, or for a period of 180 days (which may be extended one time for an additional three months by resolution), whichever is sooner, unless such development application would be in conformity with both the existing legislation and the proposed legislation.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2023-010, § 4(Exh. A), 7-19-2023)

(a)

Purpose The purpose of this article is to provide a uniform procedure concerning the review of proposals for amendments to zoning district designations (i.e., Rezoning), to provide for the continued integrity of these districts and regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these districts and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the City Council may, by ordinance duly adopted in accordance with the procedures set forth herein, amend and/or supplement the zoning district boundaries or classifications of property now or hereafter established or by amendment hereto. All amendments to the zoning map must be consistent with the adopted Comprehensive Plan.

(b)

Filing An amendment to the official zoning map may be initiated by the City or by any property owner(s) within the City subject to the payment of an application fee to cover the cost of processing the application. An application for Rezoning initiated by the City may be initiated by the Director, Chief Administrative Officer, or City Council.

(c)

Application Requirements Rezoning application forms, along with all established and required fees, documents, studies, data, analysis and plans, shall be submitted by the applicant to the Department. All applications shall be processed according to the Code and shall address the standards of Section 27-44(g), as well as the standards for a specific zoning district.

(d)

Review by Staff and DRC The Department shall review applications for Rezoning and compile a written report which summarizes the facts of the case including all relevant documents, and together with the DRC shall evaluate the proposed impacts of the amendment with respect to the general purpose and standards. The Director shall transmit a copy of the staff report to the PZB.

(e)

Review by Planning and Zoning Board The Board shall review the proposed Rezoning of property and make recommendations to the City Council.

(1)

Public Hearing The Board shall hold one public hearing on the proposed rezoning. Notice of the public hearing shall be mailed to adjacent property owners as set forth in Table 41-2 at least ten (10) days prior to the public hearing. The notice shall: state the date, time, and place of the public hearing; include a brief layman's language description of the proposal or present the title of the proposed rezoning ordinance; and describe the place within the City where such proposed rezoning application may be inspected by the public. The notice shall also advise the public that interested parties may appear at the meeting and be heard with respect to the proposed rezoning or that the public may submit written comments to the department prior to the public hearing which written comments will be included in the record of the public hearing. The notice shall also include the disclosures described in Florida Statutes §§ 286.0105 and 286.26. The public hearing shall be conducted in accordance with the provisions of this Code.

(2)

Action by the Board In considering a rezoning, the Board shall review the proposed amendment, the general purpose and standards set forth in this section, the report of the Department, and any oral or written comments received before or at the public hearing. If the Board finds that the proposed amendment is in compliance with the general purpose and standards and the comprehensive plan, then they shall recommend approval to the City Council. If the Board finds that the proposed amendment is not in compliance with the specified general purpose and standards of the Comprehensive Plan, then they shall recommend denial to the City Council. The Board may continue the public hearing for its convenience or until any requested information or studies have been completed and offered into testimony.

(f)

Review by City Council The City Council shall review and consider all amendments to the official zoning map. The Director shall transmit to the Chief Administrative Officer a copy of the complete application and a written staff report summarizing the facts of the case including all relevant documents, analysis of impacts and compatibility an analysis of consistency with the Comprehensive Plan, copies of written public comment received, and the recommendations of the Board. The Chief Administrative Officer shall schedule the proposed Rezoning for the next available City Council meeting for consideration providing, that the required notice procedures are met.

(1)

Public Hearing In order to adopt a rezoning ordinance, the City Council shall hold two (2) public hearings on the proposed amendments consistent with the procedures for adoption of an ordinance. Notice of the public hearing shall be provided in accordance with Florida Statutes § 166.041 and this Code, and the public hearing shall be conducted in accordance with the provisions of this Code. The Council may continue the public hearing for its convenience or until any requested information or studies have been completed and offered in testimony.

(2)

Action by the City Council In considering a rezoning, the Council shall review the proposed amendment, the general purpose and standards, the report of the staff, the application of the Comprehensive Plan, the recommendation of the Board, and any oral and written comments received before or at the public hearing. Based upon the record developed at the public hearings, the Council may:

a.

Adopt the proposed rezoning with or without modifications by ordinance; or

b.

Grant another zoning classification consistent with the Land Use Plan designation, Comprehensive Plan, and consistent with Florida Statutes § 166.033, giving reasons therefore; or

c.

Continue or defer the proposed amendment to a subsequent meeting; or

d.

Reject the proposed amendment and, consistent with Florida Statute § 166.031, provide written reasons for the denial; or

e.

Refer the matter to the Board or department for further consideration.

(g)

Standards for Reviewing a Proposed Amendment to the Official Zoning Map In deciding whether to recommend approval of a proposed amendment, city staff, the Department, and the PZB, and the City Council in deciding whether to approve a proposed amendment shall determine whether or not:

(1)

Whether there is a change in population, socioeconomic factors, or physical development of property nearby or affecting the subject property, which change was unforeseen or unanticipated, and which change has created a present problem or opportunity that justifies a change of land use designation or zoning classification on the subject property; and further, the extent to which the proposed land use or zoning would result in action towards mitigating any problem, or capitalizing on any opportunity identified above (the established character of predominantly developed areas should be a primary consideration when a change of zoning classification or of future land use designation is proposed);

(2)

The impact of development permitted by the proposed land use or zoning on existing public facilities and services, including schools, police and fire, potable water, sanitary sewer, local or regional roads, parks and open spaces, and drainage;

(3)

Whether development permitted by the proposed land use or zoning will be compatible with development permitted under the land use and zoning of property surrounding the subject property;

(4)

The extent to which the proposed land use or zoning designation is consistent with the Goals, Objectives, and Policies of the Neighborhood Design Element where the property is located. (The City has an optional Neighborhood Design Element which effectively splits the City into five (5) different regions for future land use comprehensive planning purposes. Each of these five (5) regions is a discrete unit, unique in character and has special Goals, Objectives, and Policies. In evaluating any proposed change of a land use or zoning designation, the Goals, Objectives, and Policies of the affected flexibility zone Neighborhood Design Element should be given a primary importance);

(5)

The extent to which development permitted under the proposed land use or zoning is consistent with the Goals, Objectives, and Policies of the Future Land Use Element and the other Elements of the Comprehensive Plan. (A land use or zoning change is consistent if it is "compatible with" and "furthers" the Goals, Objectives, and Policies of the Comprehensive Plan. The term "compatible with" means that the proposed change is not in conflict with the Goals, Objectives, and Policies. The term "furthers" means that the proposed change takes action in the direction of realizing the Goals, Objectives, or Policies. For purposes of determining consistency of a land use or zoning change with the elements of the Comprehensive Plan, the Comprehensive Plan shall be construed as a whole and no specific goal, objective, or policy shall be construed or applied in isolation of all other Goals, Objectives, or Policies in the Plan);

(6)

Whether the project as proposed offers significant benefits not otherwise available to the City if the changes were not made (for example, does the planning, design, and development of the property exceed the minimum otherwise required land development requirements in terms of reserving appropriate open space, development themes, taking advantage of natural and manmade conditions or environments, controlling pedestrian and vehicular traffic systems, substantially intensifying landscape or providing landscape contributions to the City, improving or maintaining public infrastructure or infrastructure improvements or maintenance, exceeding setbacks and building separations where appropriate, and reflecting an orderly and creative arrangement of buildings and land uses as appropriate;

(7)

The extent to which the proposed land use or zoning would contribute to enhancing the tax base, adding employment, and providing other positive economic impacts;

(8)

The extent to which the subject property has potential to be developed in a desirable manner under its present land use and zoning scheme;

(9)

The future land use and zoning needs of the community; and,

(10)

Such other policy considerations that may not be set forth above but which are nonetheless considered by the City governing body to be reasonable and appropriate under the circumstances.

(11)

The proposed future land use or zoning of the property does not and will not result in contamination of groundwater sources used to supply potable water.

(12)

The proposed future land use or zoning of the subject property does not cause the City's water demands to exceed the City's water supply availability or consumptive use permit.

(h)

Zoning-in-Progress When a rezoning of a parcel of land is being considered, the City Council may impose a hold or stay on any development applications pending before the City with respect to the area which is the subject of the proposed amendment. The hold or stay shall continue in effect for a period from the date of the publication of notice of the consideration of the rezoning by the PZB until proposed legislation, with or without amendments, shall have been approved or disapproved, or for a period of 180 days (which may be extended one time for an additional 90 days by resolution), whichever is sooner, unless such development application would be in conformity with both the existing zoning and the proposed rezoning.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021)

(a)

Purpose Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the Comprehensive Plan. These uses are permitted as of right subject to the required permits and procedures described in this section. Permitted uses may require site plan review and approval for compliance with the specific use standards applicable to a particular permitted use as provided in the relevant use regulations and development standards.

Conditional uses may be found essential or desirable for the orderly development of the City and for the public convenience or welfare but because of their particular characteristics or requirements should be given individual consideration with respect to their location and their relationship to surrounding property, the neighborhood, and the area. Conditional uses may be permitted following individual review as to their consistency with the Comprehensive Plan, compatibility, size, massing, impacts, number, location, design, configuration, public need, and/or methods and hours of operation. To ensure that the particular use is compatible with the surrounding neighborhoods and appropriate at a particular location, consideration of the public need and the possible imposition of individualized conditions to ensure the use is compatible, will be analyzed.

(b)

Permits Required for Permitted Uses Except as explicitly provided herein, a use designated as a permitted use in this Code shall not be established until after the person proposing such use has applied for and received all required development permits which may include, plat approval, site plan approval, building permits, business tax receipts, and a certificate of occupancy, special permits from outside agencies (if required), all pursuant to the requirements of this Code

(c)

Application Requirements for Conditional Uses Uses designated as a conditional use in this Code shall not be established until after such use has received approval under the provisions of this Section and has received all other required permits. Conditional use application forms, along with all established and required fees, documents, studies, data, analysis and plans, shall be submitted by the applicant to the Department. All applications shall be processed according to the code and shall address the standards of Section 27-45(d).

(d)

General Standards of Review In addition to the standards set forth in this Code for the particular use, the applicant shall provide a marketing study to address the public need for the proposed use and all proposed conditional uses shall meet each of the following standards:

(1)

For uses which require exterior construction, the applicant shall submit a site plan for the parcel on or within which the conditional use permit is sought which correctly reflects ingress and egress to such use, the landscaping, parking, buffering, setbacks, etc. of the surrounding property from such use and depicts the exterior elevations of any structure to be erected, including the materials to be utilized thereon, so as to establish same to be architecturally in harmony with the surrounding property. Unless waived by the City Council or Staff, conditional use approval shall not be considered without such binding and buildable site plan accompanying same to allow the Council or Staff to determine the architectural features and buffering needed to protect the surrounding property and so as to allow the City to evaluate the proposed use's compliance with the remaining criteria hereafter set forth. For uses which do not require exterior construction, the applicant shall submit a copy of the existing site plan showing the use location and a floor plan.

(2)

The proposed conditional use shall be consistent with the general plan for the physical development of the district including any master land use plan or portion thereof adopted by the Council.

(3)

The proposed conditional use shall be in harmony with the general character of the neighborhood, considering population density, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses. The Council (or staff for minor use applications pursuant to Section 27-45(h)) must find from a preponderance of the evidence of record that for the public convenience and service a present need exists for the proposed conditional use for service to the population in the area considering the present availability of such uses to that area and such area's existing development. Further, the use at the proposed location must be found to not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads or intersections or its location in relation to other buildings or proposed buildings on or near the site within the neighborhood and the traffic pattern from such buildings or by reason of its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground or hospital or other public use or place of public assembly. Where such use involves heavy on-site vehicular traffic ingressing or egressing from adjacent roadways or is deemed a trip generating use, a traffic analysis shall be submitted by the applicant with suggested means of ameliorating such traffic impact on the surrounding property and the neighborhood.

(4)

The proposed conditional use shall not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding property, or the neighborhood and will not cause objectionable noise, vibration, fumes, odors, dust, glare or physical activity. DRC Staff shall review the proposal for conformance to CPTED principles and standards.

(5)

The proposed conditional use shall not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the neighborhood.

(6)

The proposed conditional use shall not, in conjunction with existing development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public improvements and shall not create a hazard by virtue of its site and location to residents, visitors, or workers in the neighborhood.

(7)

The proposed conditional use shall meet all other specific standards which may be set forth elsewhere in the Code of Ordinances for such use.

(8)

The proposed conditional use shall disclose the square feet of use sought for approval so that an adequate evaluation can be made of the conditional use in keeping with the standards and criteria of this article. A conditional use shall not be expanded in size, unless such expansion shall undergo conditional use review as provided in this article.

(e)

Review by DRC A complete application shall be reviewed by the DRC who shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable development regulations. The DRC Chair shall submit a written report, incorporating the findings of the DRC, to the PZB.

(f)

Review by the Planning and Zoning Board With the exception of those conditional uses qualifying as a minor use approval pursuant to Section 27-45(h), the Board shall conduct a public hearing in which they shall review the staff report and the project proposal, prior to making a recommendation concerning the project to the City Council. If the Board determines that the proposed use is in compliance with the general standards of review, use regulations, and development standards, then the burden of proof shall switch to affected parties of the conditional use or the City to demonstrate that the issuance of the conditional use approval will be adverse to the public interest. If the proposed conditional use general standards of review and use regulations and development standards are satisfied, and there has been no showing that the proposed conditional use is detrimental to the public interest, then, and in that event, the Board shall recommend approval, with or without conditions, as determined appropriate. If the Board finds that the proposed conditional use is not in compliance, with the general standards of review, use regulations, and development standards or is detrimental to the public interest, the Board shall recommend denial of the application. The Board may continue the public hearing for its convenience, or when necessary, to allow for the presentation of any additional information or studies found necessary to make a decision based on the applicable criteria.

(g)

Review by the City Council With the exception of those conditional uses qualifying as a minor conditional use pursuant to Section 27-45(h), the City Council shall review and consider all conditional use applications. The Director shall transmit to the Chief Administrative Officer a copy of the complete application and a written staff report summarizing the facts of the case including all relevant documents together with the recommendations of the DRC and the Board. The Chief Administrative Officer shall schedule the proposed application for the next available Council meeting providing that the required notice procedures are met.

(1)

Public Hearing The City Council shall hold one public hearing on the proposed conditional use.

(2)

Action by the City Council In considering a conditional use request, the Council shall review the proposed use, the general purpose and standards of review, the development standards, the report of the administration and recommendation(s) of the Board, and any oral and written comments received before or at the public hearing. Based upon the record developed at the public hearings, the Council may:

a.

Adopt the proposed conditional use by resolution with or without conditions; or

b.

Continue or defer the proposed conditional use to a subsequent meeting; or

c.

Deny the requested conditional use and, consistent with Florida Statute § 166.031, provide written reasons for the denial; or

d.

Refer the matter to the Board or Department for further consideration.

e.

Take such other action as deemed appropriate by the City Council.

(3)

Conditions The Council may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in Section 27-45(d), and to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, architectural design guidelines; limitations on size, bulk and location; duration of construction period; requirements for landscaping, signage, outdoor lighting, and the provision or limitation of ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts. The site plan submitted shall be a conceptual site plan demonstrating size, intensity, density, massing, approximate number of parking spaces, seating capacity, or other factors, and the conceptual site plan shall be a condition of the issuance of the conditional use. Alternatively, the Council may also require formal approval of a site plan simultaneous with or prior to the approval of the conditional use.

(h)

Requirements for Minor Conditional Uses A minor conditional use is defined as an addition to an existing building, or a change of use located entirely within an existing building, having a gross floor area equal to or less than six thousand (6,000) square feet. Minor conditional uses may be approved administratively as set forth in Table 45-1 below, subject to the "Call-Up" procedure.

Table 45-1
Minor Conditional Use

(1)

Review Criteria In addition to other standards and criteria in this Code that apply to the proposed development, the Director in reviewing a minor conditional use shall consider:

a.

Whether the minor conditional use will or may adversely affect the peaceful enjoyment of the surrounding property;

b.

Whether there is any probability of an increase of any objectionable noise, vibration, fumes, odor, glare or physical activity;

c.

Whether insufficient on-site parking will result and whether traffic conditions on-site, off-site, or both, will be adversely affected;

d.

Whether the proposed minor conditional use may overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage and other public services or infrastructure; and

e.

The character of the proposed minor conditional use and the character of the surrounding property.

(2)

Director Deliberations An administrative decision with respect to a minor conditional use approval is a discretionary administrative decision. A hearing shall not be required. In those cases where the Director determines that DRC review is required, said review may take place without a DRC meeting. If a DRC member does not indicate approval of the minor conditional use application within seven (7) days of receiving the application from the Department, the DRC member shall be deemed to have objected to the application. The Department shall encourage the applicant to meet with the applicable DRC member department to determine if the concerns can be addressed.

(3)

Referral to City Council If the Director does not wish to approve an application for minor conditional use approval, it may be referred by the Director to the City Council.

(4)

Elected Official "Call-Up" Procedure An administrative decision to approve a minor conditional use approval shall become final fourteen (14) days after written notice is:

a.

Mailed to the applicant;

b.

Mailed to all property owners as disclosed by the most recent tax roll within three hundred (300) feet of the property for which the minor conditional use application has been filed; and

c.

Transmitted to the City Council: notice of the decision must advise the addressees of the right of any Councilmember to require the City Council's quasi-judicial consideration of the matter, provided a Councilmember makes the request to the City Clerk during such fourteen-day time period to advertise the matter for consideration at the next reasonably available City Council meeting. The City's regular advertising requirements shall apply to the City Council meeting at which the item will be considered (i.e., the proposed minor conditional use shall be advertised in the same manner as a conditional use), and at such advertised meeting, the City Council may approve or deny the application.

(i)

Effect of Approval or Denial

(1)

Eligibility to Apply for Permits Approval of the application authorizes the applicant to proceed with any necessary applications for building permits, other development orders, and business tax receipts, which the City may require for the proposed development. Permit or other approvals shall not be issued for work that does not comply with the terms of the conditional use approval.

(2)

Effect of Denial In the event the Director does not approve an application for minor conditional use approval, such lack of approval shall be without prejudice, and the property owner may file such conditional use application de novo under the general rules of review contained in this section.

(3)

Expiration of Conditional Use Approval Unless otherwise provided in the approval, the conditional use application shall be deemed void and terminated, if the recipient does not obtain a building permit implementing the proposed development or a business tax receipt within one (1) year (365 days) after the date of the final approval of the conditional use. An applicant who has obtained conditional use approval may request an extension of this time period by filing with the Department, within the 365-day period, a letter stating the reasons for the extension request. Up to a 180-day (6 non-calendar months) extension may be granted administratively by the Director, if determined by the Director that the extension request is based on just cause and a reasonable justification by the applicant, provided that the application is filed at least 10 days prior to the expiration of the conditional use approval. The City Council may, at a regular meeting, grant an extension of up to 365 days for good cause and a reasonable justification shown by the applicant, provided that the application is filed at least 30 days prior to the expiration of the conditional use approval.

(4)

Rescinding of Approval by Abandonment of the Use Any discontinuation of an approved conditional use for a period of 180 consecutive days, as determined by the Director, shall constitute an abandonment and shall rescind the approval of the conditional use. There shall be a rebuttable presumption that the abandonment period commenced upon the termination of electrical or water service for the user, whichever occurs first. Any adversely affected person may appeal the decision of the Director pursuant to the process set forth in Sections 27-52(k)—27-52(l) of this Code.

(j)

Amendments and Alterations to Approved Conditional Uses

(1)

Any expansion or addition to an existing conditional use shall require the same application, review and approval as required for the original approval of the conditional use, regardless of whether there was an ownership change.

(2)

Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, including but not limited to, a minor shift in the location of a building or structure, the realignment of parking spaces and drive aisles, the relocation of a driveway, may be approved administratively; however, an increase in the intensity, density, or change in use shall not be considered a minor change for the purposes of this section.

(k)

Limitation of Approval Conditional use approvals granted by the City are non-transferrable. Individuals or corporations wishing to continue an existing business use for which a conditional use was granted by the City must re-apply for conditional use approval. If the new proposed conditional use increases in intensity, density, change in use, size, scope, or number, then the application would be subject to review by the PZB and City Council; otherwise, if it consists lust of a change in ownership, but is otherwise subject to the same parameters and conditions as the previous request, then that application could be administratively approved by the Director, at the Director's discretion, subject to the "Call-Up" procedure.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024)

An applicant requesting an amendment to or waiver from the Broward County Trafficways Plan (BCTWP), shall submit the proposal to the Department for review. The proposal shall be reviewed and considered by the DRC. Subsequent to the DRC meeting, Department staff shall make a recommendation to the PZB and City Council. If approved by the City Council, then the resolution shall be transmitted to Broward County for consideration.

The DRC, PZB, and Council shall make a determination regarding the amendment based upon the following criteria:

(1)

The Goals, Objective, Policies, and other applicable requirements of the City's Comprehensive Plan and the Broward County Comprehensive Land Use Plan; and

(2)

All applicable codes of the City; and

(3)

Acceptable engineering design standards; and

(4)

Mitigation of all traffic impact to both on-site and off-site development.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose The purpose of this section is to ensure that all lands included within subdivisions will be suitable for the various purposes proposed in the request for subdivision approval; that all subdivisions will be served adequately and economically by public facilities and services which may be necessary in each particular case; and to establish the procedures and requirements for obtaining approval of a plat of a subdivision as defined by Florida Statutes Part 1, Chapter 177, as well as procedures related to amending plats and related instruments. A plat of subdivision lying within the City shall not be recorded in the public records of Broward County prior to approval by the City Council and County Commission. When any subdivision of land is proposed, and before any permit for the erection of a principal structure in such proposed subdivision shall be granted, the property owner or a duly authorized agent shall secure approval of and record in the official records such proposed subdivision in accordance with established procedures. A plat application shall be not be considered by the City unless the zoning district of the site is in conformance with the land use designation in the Comprehensive Plan Future Land Use Element.

(b)

Types of Plats Required The City will consider two types of plats for approval: perimeter subdivision plats and full subdivision plats. A full subdivision plat or re-plat shall be required by the City and recorded in the Broward County records for all land with residential fee-simple ownership lots. A perimeter subdivision plat may be permitted for nonresidential land or residential land without fee-simple ownership.

(c)

Platting Required The City may not grant an application or a building permit for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been approved by the Broward County Commission and recorded in the official records of Broward County subsequent to June 4, 1953.

(d)

Plat Exceptions This platting requirement will not apply to an application for a building permit which meets any of the following criteria:

(1)

Construction of two (2) or fewer residential dwelling units. Applications for two or fewer residential dwelling units on property under the same ownership, within 500 feet of property exempted within the past twelve (12) months, shall not be exempt;

(2)

Construction on any multi-family or non-residential lot or parcel which is less than five acres in size and specifically delineated on a plat recorded on or before June 4, 1953;

(3)

The building permit may be issued for a parcel of land for which plat approval has been given by the Broward County Commission although the plat has not yet been recorded, provided such authorization is granted in an agreement among the developer, the affected unit of local government and the County. Such agreements shall at a minimum require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a certificate of occupancy until the plat is recorded. The municipality and County shall be required to make a finding that facilities and services will be available at the adopted level of service standards concurrent with the issuance of the building permit; or

(4)

A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the Board determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of the development of the governmental facility. Such a finding shall be made in a resolution if Broward County is the governmental entity seeking to construct the facility and issue the permit; and by agreement with the affected units of local government in other circumstances. A certificate of occupancy shall not be issued until the plat is recorded.

(5)

In addition to meeting the above criteria, the issuance of the building permit shall be subject to all of the following:

a.

Compliance with the applicable land development regulations; and

b.

Any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan has been conveyed to the public by deed or grant of easement.

(e)

Site Data Records In those instances, and only those instances, where Broward County does not require platting or re-platting, the City may require a site data record. See Section 27-48 for site data record requirements.

(f)

Plat Review An applicant for plat approval shall submit either a perimeter subdivision plat or full subdivision plat. Plats shall be reviewed by the DRC, and approved or denied by the City Council. Plat application forms, along with all established and required fees, documents, and plans, shall be submitted by the applicant to the Department. The application shall include all of the drawings required in the City's plat submittal requirements document, Florida Statutes §§ 177.041 through 177.061, 177.081, and 177.091, and the requirements set forth in § 5-189(a) through (c) in the Broward County Code of Ordinances, as amended from time to time.

(g)

Review by DRC The DRC shall meet to determine if the proposed plat complies with the submittal requirements and all other applicable land development regulations. The DRC shall review with particular attention to such factors as: width, arrangement, access, location and type of streets; dedications; surface drainage; water supply; sewage disposal; lot sizes and arrangements; requirements for parks, open space, school sites, public building sites; common areas; lot designation, size, and dimensions; plat development thresholds in the plat note: non-vehicular access lines; proposed stormwater treatment and drainage system; what properties are to be dedicated and to whom the properties will be dedicated; the creation or existence of any easements, the purpose of said easements, the location and size of said easements, and what person or legal entity will hold title to and maintain said easements; the location and size of common properties and what person or legal entity will hold title to and maintain said property; any security for performance or maintenance of properties to be dedicated to the public, including, but not limited to, rights-of-way and utility easements; and the adopted level of service standards. Prior to the final DRC review of the proposed plat and subdivision-related documents, the plat and said documents will be submitted to the City Attorney for review.

(h)

Review by City Council All plats must be submitted to the City Council for action at a public hearing. Once the plat and all required supporting documentation have been received by the staff and reviewed under the authority contained in the code, the Director shall submit the DRC report to the Chief Administrative Officer for transmittal to the City Council.

(1)

The City Council shall review the plat application and the recommendations of the DRC and take one of the following actions:

a.

Approve the plat as presented if the plat is found to be in conformance with these regulations, and adopt a resolution setting forth such approval; or

b.

Approve the plat with conditions, and adopt a resolution setting forth such approval and conditions; or

c.

Disapprove the plat when not found to be in conformance, setting forth the reasons for such disapproval as required by Florida Statute 166.033.

(2)

A plat shall not be approved unless:

a.

It is consistent with the Comprehensive Plan; and

b.

It meets all requirements of the land development regulations; and

c.

It meets all requirements of the City's plat submittal requirements document; and

d.

It meets, or at the time of recording it will meet, all applicable requirements of Florida Statutes §§ 177.041 through 177.061, 177.081, and 177.091; and

e.

The requirements set forth in § 5-189(a) through (c) in the Broward County Code of Ordinances, as amended from time to time.

(3)

The approval of any plat is conditioned by the payment of: any ad valorem taxes due prior to recording as required from time to time by law, the payment of any fair share contributions due at or prior to the time of recording of the plat; and the conveyancing of any tracts or parcels of land or interests in land that the City desires to be conveyed, as opposed to being dedicated, simultaneous with recording of the plat or as otherwise directed in any plat approval.

(i)

Endorsement of the Plat Upon approval of the plat by the City Council, it shall be endorsed by the DRC Chair, City Engineer and the Mayor or Chief administrative Officer and attested to by the City Clerk. The Department shall forward the signed original of the plat to the applicant for County approval. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest to the City all legal and equitable interests in the parcels of land so dedicated, to be held by the City in trust and the approval of the plat by the Council shall have the force and effect of an acceptance of said legal and equitable interest. However, nothing shall be construed to create any obligation on the part of the City to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the City or expressly accepted by the City.

(j)

Prior to Recordation Prior to plat recordation, the property owner and developer shall have satisfied all the conditions of plat approval by the Council and executed approved agreements concerning the payment of the developer's share of required public facilities.

(k)

Time Limitations of Plat Approval The burden is on the property owner and the developer to record the plat in the public records within the time specified by Broward County. Failure to record within the time specified by Broward County shall render the approval of said plat terminated, null and void.

(l)

Enforcement Provisions

(1)

Plat Recordation A plat shall not be recorded in the public records of Broward County or have any validity whatsoever until approved in a manner prescribed herein and the plat shall incorporate all changes or modifications required by the Council. In the event any such unapproved subdivision is recorded; it shall be considered invalid and the Council may institute court proceedings to have it stricken from the public records of Broward County at the applicant's or owner's cost.

(2)

Permits The Building Official shall not issue any building permit for any habitable and occupiable structure to be constructed within the City until the plat is recorded in the Broward County records, unless the property owner has entered into a tri-party agreement approved by the City pursuant to Section 27-47(n)(1) of this Code.

(3)

Public Improvements The City shall withhold all public improvements and services of whatsoever nature, including the maintenance of streets and the furnishing of sewer disposal and water services to all subdivisions or parcels of land which public improvements and utilities along with required easements and deeds, free and clear of all mortgage or other security interests or in the event of an easement, joined in and consented to by the mortgage or other security interest holder, have not been conveyed and accepted by the Council in the manner prescribed by the code. All deeds and easements conveyed shall require that the property owner/grantor shall covenant to the grantee that the property owner/grantor is lawfully seized of said land in fee simple; that the property owner/grantor has good right and lawful authority to sell and convey said land; that the property owner/grantor does hereby fully warrant the title to the said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except as otherwise described in the conveyance.

(4)

Revision of Plat Subsequent to Approval Prior to recording any plat in the public records of Broward County, the property owner shall provide to the City Engineer a copy of the subject plat reflecting all corrections and/or modifications which may have been made subsequent to the plat approval by the City Council. The City Engineer shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the City Council approval. After review, the City Engineer may authorize recordation of the revised plat, require that the revised plat be returned to the City Council for reconsideration, or require the plat to be revised consistent with the current city Council approval. Any adversely affected person may appeal the decision of the City Engineer pursuant to the appeal process set forth in Section 27-52(k) of this Code. Any applicant shall be advised in writing at the time the written decision is rendered, how they may appeal the decision.

(5)

Failure to Satisfy Conditions of Approval A failure to satisfy conditions of approval, whether precedent or subsequent to plat recordation, shall be reported to the Administrative Officer by the City Engineer or the Director. If upon written notice by the Chief Administrative Officer or said designee, the applicant or property owner fails to satisfy the conditions of approval within the timeframe set by the Chief Administrative Officer, the applicant shall be notified and the City Council shall hold a public hearing. If the City Council finds that the conditions have not been satisfied, then the City shall take immediate corrective action, such as but not limited to revoking the plat approval and all other development orders issued pursuant to the approved plat, to ensure compliance.

(m)

Construction Agreements and Financial Assurances for Promised Improvements

(1)

A plat shall not be approved nor shall any street, public or private residential subdivision roadway or parking area, seawall (except for seawalls installed by a single-family residence after the residence is constructed), or bridge, be constructed, nor shall fill (except for fill for a single-family residence), drainage wells, culverts, gutters, sewers, and other drainage facilities be installed (even in an unplatted area), unless the owner seeking the approval of such plat or seeking the construction of such improvements provides the City a construction agreement in a form approved by the City which is financially assured as hereinafter provided. All contemplated work described which is bonded or otherwise financially assured as provided herein shall be completed within two years after the plat is recorded or after specifications for same have been permitted (where the improvements are not promised in order to secure plat approval).

(2)

Each such contract agreement for the extension and installation of paving and drainage facilities shall be financially assured with a surety bond covering performance of and payment for the developer's construction agreement (including a one-year guarantee against defective or faulty work or materials which appear within one year after final acceptance of the completed facilities by the City), and all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings, that city sustains as a result of default by the developer. The surety bond(s) shall cover the same independent obligations as the public construction bond specified in Section 255.05(3), Florida Statutes, as amended. All surety bonds are to be in a penal sum of at least equal to 110 percent of the certified engineering estimate of the work shown in the approved plans and based upon the most current Broward County Estimate Form or 125 percent of such estimate if approved plans are not available, based upon a scope of work approved by the City Engineer, and must be written by an approved domestic surety company with a AAA rating in the latest "Best's Insurance Guide with Key Ratings" or by listing in U.S. Treasury Department circular called "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," and shall obligate the developer as principal, and such company as surety, and shall be payable to the City as obligee. After final acceptance of the completed facilities by the City and the satisfactory performance of developer obligations up to commencement of the guarantee period, the City may release the surety bond herein provided (and may release all other alternative financial assurances set forth in this section) upon receipt of a substitute guarantee and maintenance cash bond or surety bond, the penal sum for which shall be ten percent of the facilities' original bond amount.

(3)

In lieu of the payment, performance, all losses, and maintenance guarantee bonds provided in (b) above, the City shall accept; if tendered:

a.

A cash escrow agreement in a form acceptable to the City from a recognized financial lending institution acceptable to the City, with a branch or corresponding office in the County, covering the same obligations as the public construction bond specified in § 255.05(3), Florida Statutes, as amended, in the required penal amount for surety bonds certifying that the full sum of the balance due to the City is being held by the institution for payment to the City, except only for such portions of the work certified to be duly completed by the representative of the City Engineer, with payment of the final ten percent of the original escrow amount to be held to guarantee against defective or faulty work or material which appears within one year after final acceptance of the completed facilities by the City, and so much of such final ten percent as may remain after the completion of the guarantee obligations to be then paid or released to the developer; or

b.

A cash bond in form acceptable to the City, covering the same obligations as the public construction bond specified in section 255.05(3), Florida Statutes, as amended, in a required penal amount of 100 percent of the penal amount set forth above for surety bonds, such cash bonds being held in their original amounts and not subject to pay downs as performance of the construction progresses, except the final ten percent of the amount of the original penal sum required for surety bonds, which shall be held to guarantee against defective or faulty work or material which appears within one year after final acceptance of the completed facilities by the City, and so much of such final ten percent as may remain after the completion of the guarantee obligations to be then paid or released to the developer.

(4)

If, all of the developer obligations for performance, payment, coverage of all losses, and the guarantees, are not timely performed, the City shall be able but shall not be required to call the bonds (or receive and become entitled to the amount escrowed together with any subdivider's guarantee deposits) for such uncompleted performance and the City shall be able but shall not be required to complete such uncompleted performance. All of the costs to the City for assuring the completion of such performance which are in excess of the total amounts reserved therefor from any source may be assessed against the land benefitted by the improvements (and liens shall be created to secure such improvement assessments) in the same manner as charter special assessments, and the liens which secure such special assessments shall be created and enforced, and shall have the same superiority as charter assessments.

(5)

A building permit shall not be issued for any building or structure to be located upon all or a portion of the land embraced in a plat or subdivision until a contract for the work bonded or otherwise financially assured in accordance with this section has been let and construction for said work has commenced.

(6)

It is the intention of the City that to the extent the developer fails to pay for required subdivision improvements and to the extent that the amounts reserved for such improvements are insufficient, the property shall be assessed for such benefit. The City Council may waive any such bond or conditions of such bond if such improvements have already been made, or in the event some or all improvements are not required. Nothing contained herein is to be construed as repealing any portion of this article.

(n)

Modifications to Recorded Plats A property owner may petition to modify a recorded plat. Application forms, along with all established and required fees, documents, and plans, shall be submitted by the applicant to the Department and are subject to DRC review and administrative approval.

The modifications listed below may be accomplished upon a finding by both the City Engineer and the DRC Chair that the subject property was platted subsequent to June 4, 1953, and that compliance with all land development regulations have been maintained. The platting requirements referenced above will not apply to the following types of development:

(1)

A change to a recorded plat is not created or development is not undertaken except in conformance with the recorded plat or as specifically allowed in this Section.

(2)

The dedication of land or any interest in land to any governmental agency, entity or political subdivision.

(3)

The division of a multi-family residential zoned platted lot to permit individual ownership in conformance with all applicable zoning and Florida Building Code provisions.

(4)

The combination of lots and/or portions of lots (i.e., unity of title) in a residential zoning district to create a common building site provided that the property owner presents an instrument recordable in the public records of Broward County, Florida, identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists said instrument must be presented to the Department for acceptance or rejection. A lot combination shall not be approved where it would allow violation of any other code provisions.

(5)

The combination of parcels and/or portions of parcels (i.e., unity of title) in a nonresidential or mixed-use zoning district to create a common building site provided that the property owner presents an instrument recordable in the public records of Broward County, Florida, identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists. Said instrument must be presented to the Department for acceptance or rejection. A lot combination shall not be approved where it would allow violation of any other code provisions.

(o)

Building Permits Prior to Plat Recordation Except as provided for in this section, a person or legal entity shall not be eligible for any building permit for a principal building on property located within the City for land which requires platting.

(1)

A building permit may be issued for a parcel of land for which plat approval has been given by the Board of County Commissioners and the City Council, although the plat has not yet been recorded, provided such authorization is granted in a tri-party agreement among the property owner, the City and the County. The agreement shall be joined in and consented to by any mortgagee or holder of a security interest in the parcel of land or any portion thereof. Such agreements shall, at a minimum, require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a certificate of occupancy, a contract for sale, agreement for deed, or lease of such parcel of land to the ultimate consumer until the plat is recorded. The City and County shall be required to make a finding that facilities and services will be available at the adopted level of service standards concurrent with the issuance of the building permit.

(2)

A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Board of County Commissioners and the City Council find that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the County and City determine that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. Such a finding shall be made by agreement between the City and County. A certificate of occupancy shall not be issued until recordation of the plat.

(p)

Plat Note and Non-Vehicular Access Line Amendments Subsequent to Plat Recordation

(1)

All applications to change a notation on a plat (so as, for example, to change the noted development type or increase intensity approved or to change a nonvehicular access lines, etc.), which applications are made by delegation requests or otherwise, shall be submitted by the applicant to the Department for review. The application shall be evaluated in accordance with the requirements of this Article.

(2)

When applications to change a notation on a plat are made that are not consistent with a valid approved site plan, by delegation request or otherwise, after review by the DRC, the application may proceed to the City Council without any further advisory Board review. When the Director determines, upon consultation with the City Engineer, that the application is necessary to implement a valid City Council approved site plan, the application may be administratively approved by the PZED Department.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Applicability This article shall apply to any application for building permits requested on those parcels of land exempted from platting as set forth in Section 27-47(d) wherein the building permit has not been issued. Although a site may be exempt from platting, it shall still meet the applicable level of service (LOS) requirements in Section 27-49, entitled, "Level of Service Standards."

(b)

Site Data Record Requirements The applicant for a building permit seeking to utilize the waiver of platting requirements, as set forth in Section 27-47(d), shall submit to the Department a site data record fulfilling the following requirements:

(1)

The site data record must be prepared by a licensed Florida land surveyor who shall certify that said site data record was made under said surveyor's direction; that said site data record conforms to the minimum requirements adopted by the Florida Administrative Code, Section 5J17.052, Minimum Technical Standards for Land Surveyors in the State of Florida, a minimum of four permanent reference markers as shown on said record, shall also be certified as having been set where indicated (one at each corner of said parcel). Coordinates shall be shown on all boundaries of said parcel and at least two bench marks shall be shown referenced N.G.V.O. the same to conform to third order accuracy.

(2)

The record shall demonstrate, and the surveyors shall certify, that it complies with the requirements of the City, as to the location of easements or rights-of-way needed by governmental agencies and their franchisees to serve the land. Each site data record shall indicate thereon all required rights-of-way and easements with reference to the book and page of the official records of Broward County where such conveyances were recorded.

(3)

If any site data record encompasses two (2) or more building sites, then the site data record shall contain a separate metes and bounds description to each such building site. A building site shall be delineated on the site data record and the description tied to the delineation in some appropriate fashion.

(4)

Every site data record submitted to the City must be accompanied by a title opinion of an attorney-at-law licensed in Florida, or a search certification by an abstractor or title company, showing that apparent record title to the land as described and shown on the site data record, is in the name of the person, firm or corporation applying for such waiver of platting requirements or executing any of the required easements or rights-of-way. Upon request from the City, the applicant shall provide a photocopy of any or every instrument referenced therein. The title opinion or certification shall also show all mortgages not satisfied or released of record.

(5)

The surveyor's certificates to be appended to and made a part of the site data record shall read as follows:

"I hereby certify that this site data record is a true and correct representation of the land surveyed and described herein and that the site data record was made under my responsible direction and supervision and that this data complies with all the City Council approved guidelines of the City's planning consultant as to location of easements and rights-of-way referred to herein. The P.R.M.'s as shown on the site data record have been set where indicated. All coordinates and bench marks conform to third order accuracy. The survey information meets the Florida Administrative Code, Section 5J17.052, Minimum Technical Standards for Land Surveyors in the State of Florida. All recorded easements and rights-of-way for utilities, waterways, drainage, access and other information pertaining to the site have been indicated herein."

(c)

Review Process Site data records shall be reviewed by the DRC, and approved or denied by the City Council. Site data record application forms, along with all established and required fees, documents, and plans, shall be submitted by the applicant to the Department. The application shall include all of the drawings required in the City's plat submittal requirements document, Florida Statutes §§ 177.041 through 177.061, 177.081, and 177.091, and the requirements set forth in § 5-189(a) through (c) in the Broward County Code of Ordinances, as amended from time to time.

(1)

If the subject land lies in any local drainage district, the site data record shall be submitted to the drainage district prior to the application being filed with the department, and the DRC shall not review the record until a copy of the district application stamped "received" is obtained by the Director.

(d)

Review by DRC The DRC shall meet to determine if the proposed site data record complies with the submittal requirements and all other applicable land development regulations. The DRC shall review with particular attention to such factors as: width, arrangement, access, location and type of streets; dedications; surface drainage; water supply; sewage disposal; lot sizes and arrangements; requirements for parks, open space, school sites, public building sites; common areas; lot designation, size, and dimensions; proposed stormwater treatment and drainage system; what properties are to be dedicated and to whom the properties will be dedicated; the creation or existence of any easements, the purpose of said easements, the location and size of said easements, and what person or legal entity will hold title to and maintain said easements; the location and size of common properties and what person or legal entity will hold title to and maintain said property; any security for performance or maintenance of properties to be dedicated to the public, including, but not limited to, rights-of-way and utility easements; and the adopted level of service standards.

(e)

Review by City Council All site data records must be submitted to the City Council for action at a public hearing. Once the site data record and all required supporting documentation have been received by the staff and reviewed under the authority contained in the LDR, the Director shall submit the DRC report to the Chief Administrative Officer, for transmittal to the City Council.

(1)

The City Council shall review the site data record application and the recommendations of the DRC and take one of the following actions:

a.

Approve the site data record as presented if the site data record is found to be in conformance with these regulations, and issue a resolution setting forth such approval; or

b.

Approve the site data record with conditions, and issue a resolution setting forth such approval and conditions; or

c.

Disapprove the site data record when not found to be in conformance, setting forth the reasons for such disapproval.

(2)

A site data record shall not be approved unless:

a.

It is consistent with the Comprehensive Plan; and

b.

It meets all requirements of the land development regulations

(3)

An executed Mylar of the site data record as so executed and approved shall be filed with the Department simultaneously with the request for City Council consideration.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose This section is intended to ensure that development is consistent with the adopted level of service standards and prevent the issuance of development orders which result in a reduction in the level of service, below public facility standards, as provided within the Comprehensive Plan and this Code.

(b)

Monitoring System The DRC Chair shall be responsible to develop and maintain a system wherein the public facilities' capacities shall be monitored in as up-to-date manner as reasonably possible. The capacity monitoring system shall also be known as the City's concurrency management system. This system shall track and monitor the facility capacity, usage through existing developments, surplus or reserve capacity both existing and proposed through planned capital improvements projects, and usage through committed development (approved but not constructed). The Chairperson shall also use such system to prepare reports to be submitted to the Chief Administrative Officer.

(c)

Applicability Unless exempted under the provisions of Section 27-49(d) below, all development which must receive plat, site data record, rezoning, LUPA or site plan approval and will impact the facilities for which the City monitors level of service compliance, shall not obtain a final certificate of occupancy unless and until a DRC determination that all levels of service, design and construction standards have been met.

(d)

Exemptions The following development shall be exempt from the requirements of this section. Development that has obtained a valid and approved development order which was final on the effective date of this Code, under the provisions of Florida Statute § 380.06, and which contains conditions which ensure that adequate public facilities will be available consistent with the standards of this section. In such event, an application for individual level of service compliance determination shall not be required so long as the terms and conditions of the final adopted development order are met.

(e)

Standards DRC approval of any plat, site data record or site plan shall not be issued for any development unless it is determined that planned and committed improvements have sufficient capacity to provide the designed public facility level of service for all existing, permitted projects and the proposed development.

(f)

Determination of Available Capacity Except as further defined below, the available capacity of a public facility shall be determined by:

(1)

Adding together:

a.

The total capacity of existing public facilities; and

b.

The total capacity of new public facilities that will become available concurrent with the impact of development. The capacity of new public facilities may be counted only if one or more of the following is shown:

1.

Construction of the new public facilities is under way at the time of the application; or

2.

The new public facilities are the subject of a binding contract for the construction of the facilities or the provision of services at the time the development permit is issued; or

3.

The necessary improvements for the new public facilities, excluding water, wastewater, or solid waste, have been included in Broward County's capital improvement plan annual budget or the appropriate capital improvement program budget of the implementing agency. Said improvements must be shown to begin construction within the first three years with completion scheduled by the fifth year. The new public facilities, including water, wastewater, and solid waste, will be complete prior to or simultaneous with the issuance of the first certificate of occupancy for the new development; or

4.

The new public facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Florida Statute § 163.3243.

(2)

Subtracting from that number the sum of:

a.

The demand for the public facility service created by existing development; and

b.

The new demand for the public facility service that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(g)

Roads The DRC shall certify compliance with specifications and Level of Service (LOS) standards adopted by the City and Broward County for roadway capacity. Developments shall not be approved unless it is determined that adequate road capacity is available or will be available prior to the granting of a certificate of occupancy. The City Engineer shall be responsible for determining road capacity.

(1)

Traffic Studies and Analysis

a.

The Engineering Department shall require an applicant to provide a traffic analysis regarding the potential impact of the proposed development on the road network within the City. All public roads within the City; including local, County, State and Federal roads, excluding those roads listed in Section 27-49(g)(2) shall be required to operate at a LOS D or better on a peak hour basis. If it is determined that any proposed development would result in any road being over capacity, the Engineering Department shall require improvements to be made in compliance with the adopted standards.

b.

When a site plan, plat, site data record, rezoning or LUPA application has been submitted to DRC, a traffic impact study shall be provided as per the guidelines established by the City Engineer. Any roadway impact due to the proposed development must be mitigated by the developer prior to the issuance of the first certificate of occupancy for the development.

c.

The property owner is responsible for signalizing all full intersections where private roadways within the development intersect with a public right-of-way, when a signal is warranted and approved by the appropriate regulatory agency. The signal warrants study must be paid for by the property owner. A traffic signalization agreement between the City and the property owner that details obligations for the construction of the traffic signal shall be required.

(2)

The LOS of road segments operating at LOS D, according to the Broward County trips model, and those segments operating below LOS D, shall not be permitted to deteriorate below 110 percent of the capacity of the roadway at LOS D on an AADT basis, except as provided for in Section 27-49(g)(3).

(3)

If road segments are operating below LOS D, a building or engineering permit may be issued only in the following circumstances:

a.

The property is not within the compact deferral area for a planning improvement facility operating below LOS D on the Broward County trips model; or

b.

The property is within the compact deferral area for a planning improvement facility which is operating below LOS D on the Broward County trips model, but one of the following conditions applies:

1.

The approved development would not cause the roadway capacity to deteriorate below 110 percent of the capacity of the roadway at LOS D on an AADT basis, and the traffic generated by the proposed development would not prevent the planned improvement from providing LOS D after construction; or

2.

There is an approved action plan to accommodate the traffic impact of the development; or

3.

The necessary improvements to provide LOS D or better are under construction at the time a permit is issued; or

4.

The necessary improvements to provide LOS D or better are the subject of a binding executed contract for the construction of the roadway facilities; or

5.

The necessary improvements for LOS D or better have been included in Broward County's capital improvement plan annual budget or the appropriate capital improvement program budget of the implementing agency. Said improvements must be shown to begin construction within the first three years with completion scheduled by the fifth year; or

6.

The necessary facilities and services for LOS D or better are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Florida Statute § 163.3243, provided that road improvements required by a development order for a DRI shall not be considered for concurrency for property outside the boundaries of the DRI unless provision c. or d. above has been met.

(4)

Traffic concurrency determinations for redevelopment shall be based on the net impact of redevelopment.

(5)

Transportation Proportionate Fair Share Contributions.

a.

An applicant may choose to satisfy the transportation concurrency requirement by making a proportionate fair share contribution to an eligible transportation project listed in the Broward County capital improvements element, pursuant to the requirements set forth in Section 5-182(a)(5)b of the Broward County Code of Ordinances.

b.

In addition to satisfying the requirements of paragraph (a) of this subsection, the applicant may also be required to mitigate its impacts on the City's roadway system within the City by providing for a proportionate fair share contribution to an eligible transportation improvement within the City's five-year schedule of capital improvements.

(h)

Potable Water Potable water shall be available at the rate of 350 gallons per equivalent residential connection concurrent with demand.

The DRC shall certify compliance with specifications and standards adopted by the City and the adequacy of potable water distribution and transmission systems and water plant capacity to service the proposed development. A development order or permit shall not be approved unless it is determined that adequate potable water service is available or will be available prior to the granting of a building permit. The Utilities Director shall be responsible for determining potable water capacity.

(i)

Wastewater Treatment Capacity Wastewater treatment capacity shall be available at the rate of 300 gallons per day per equivalent residential connection.

The DRC shall certify compliance with specifications and standards adopted by the City, and the adequacy of sanitary sewage collection and transmission systems and wastewater treatment and disposal capacity to service the proposed development. A development order or permit shall not be approved unless it is determined that adequate wastewater service is available or will be available prior to the granting of a building permit. The Utilities Director shall be responsible for determining wastewater treatment capacity.

(j)

Solid Waste Disposal Capacity The DRC shall certify compliance and adequacy of solid waste disposal capacity. A development shall not be approved unless it is determined that adequate solid waste storage facilities and disposal capacity exist or will exist at the time of the issuance of a building permit. The City's solid waste contractor shall be responsible for determining solid waste disposal capacity. The proposed development shall be designed to provide adequate areas to store solid waste until collection time, at the following levels of service in Table 49-1:

Table 49-1
Solid Waste Level of Service Standards

(k)

Parks and Recreational Areas The owner of land who has applied for approvals for residential development pursuant to the applicable land development regulations shall be required to provide for the park, open space, and recreational needs of the future residents of the developed area. Parks and recreational areas shall be available at the rate of four acres per 1,000 residents, concurrent with demand.

The DRC shall certify compliance with specifications and standards adopted by the City and the adequacy of park land conveyed by the developer or property owner and/or park land funds to meet the obligations of the proposed development. A development shall not be approved unless it is determined that adequate park land area is available or will be available prior to the granting of the first building permit for the new development. The City shall treat the proposed development as meeting the City land use plan requirements upon receiving the impact fees set forth in Article IV, Chapter 19 of this Code.

(l)

Drainage The DRC shall certify compliance with specifications and standards adopted by the City, and the adequacy of grading and drainage plans and capacity within the drainage system. The City Engineer shall be responsible for determining drainage capacity. The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a stormwater management system for stormwater treatment and drainage which conforms to all regulatory agency requirements and Chapter 9 of the City Code of Ordinances. The applicant shall be responsible to secure the approvals of the applicable water management and drainage districts. Prior to the City Engineer certifying level of service compliance, the applicant shall provide proof of the water management and drainage district approvals.

(m)

Adequacy of Fire Protection The DRC shall certify compliance with currently adopted specifications and standards regarding the adequacy of fire protection services to meet the demands of the proposed development. The Fire Chief shall be responsible for determining fire protection capacity. Development shall not be approved unless it can be determined that adequate fire protection services will be available prior to occupancy. The City shall treat the proposed development as meeting the City land use plan requirements upon receiving the impact fees set forth in Article IV, Chapter 19 of this Code.

In assessing the adequacy of fire protection, the Fire Department will utilize the following standards:

(1)

Fire protection service will be adequate to protect people and property in the proposed development.

(2)

The Fire Department shall be consulted to determine whether or not the locations of functioning, manned, and equipped fire stations provide the proposed development with the level of fire protection set by the Fire Department to meet the Southeast Fire Underwriter's Reaction Time requirements.

(3)

Water supply facilities, existing or proposed to be constructed by the proponents of the development, shall be adequate to meet the fire protection needs of the proposed development:

a.

If the proposed development is less than 1,320 feet (one-fourth mile) from an existing public water supply, the water supply must be extended to the new development. The means for funding extensions of public water supply mains are described in Sections 26-76 and Section 26-146 of the Code.

b.

In the case of urban residential developments with lot sizes of 34,999 square feet or less, totaling 200 or more units, the water system used for fire flow must meet the water flow requirements set by Chapter 26. A single water supply system for both potable and fire water service may be used provided it meets the requirements of Chapter 26.

(4)

Fire hydrants, if required, shall be installed with distances measured along street rights-of-way, according to Section 26-76 et seq.

a.

In proposed residential development of single-family dwellings, fire hydrants shall be installed at 800 feet intervals with a minimum size of six inches, and no structure shall be more than 400 feet from an approved fire hydrant by center line of roadway measurement.

b.

Hydrants for other areas, not included in single-family residential areas (a.) above, shall be installed at not more than 350 feet intervals with a minimum main size of eight inches, and no structure shall be more than 400 feet from an approved fire hydrant by center line of roadway measurement.

c.

For other occupancies of a high-hazard type (such as a shopping center, a storage facility for flammable chemicals or paint, or compressed gasses, or similar fire hazardous uses) hydrants and mains shall be installed by computing the required fire flow taking into consideration, where pertinent, the number and type of city fire department stations, vehicles, and other facilities to provide the normal responses within the given response area. On future requirements, if total flow needs are determined less than specified in Chapter 26, City approval must be obtained based on acceptable calculations and other information, such calculations and information to be prepared and sealed by a Florida registered engineer, and submitted to the City utilities department for review with city fire department participation and approval. All fire flows in Chapter 26 shall otherwise be considered as the minimum fire flow requirements.

(n)

Adequacy of Police Protection The DRC shall certify compliance with specifications and standards adopted by the City regarding the adequacy of police protection services to meet the demands of the proposed development. The Police Chief shall be responsible for determining police protection capacity. Development shall not be approved unless it can be determined that adequate police protection services will be available prior to issuance of a building permit. The City shall treat the proposed development as meeting the City land use plan requirements upon receiving the impact fees set forth in Article IV, Chapter 19 of this Code.

(o)

Adequacy of School Sites and Facilities Prior to approval of a residential plat, LUPA, rezoning or site plan, the applicant for a residential development shall submit to the Department a letter from the County School Board evaluating the adequacy of the facilities needed to service the residents of the proposed development.

(1)

Public School Concurrency Pursuant to the public school facilities element of the comprehensive plan (PSFE) and the amended Interlocal Agreement for public school facility planning (ILA), the City, in collaboration with Broward County and the School Board of Broward County, shall ensure public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards and that such facilities are available concurrent with the impact of proposed residential development.

a.

Residential Applications Subject to Public School Concurrency Determination The City shall not approve an application for a plat, LUPA, rezoning. replat, plat note amendment, findings of adequacy or site plan (an "application"), that generates one or more students or is not exempt or vested from the requirements of public school concurrency, until the School Board has reported that the school concurrency requirement has been satisfied.

b.

Exemptions and Vested Development

1.

The following residential applications shall be exempt from the requirements of public school concurrency:

(i)

An application which generates less than one (1) student at each level in the relevant concurrency service area (CSA)

(ii)

An application for age restricted communities with no permanent residents under the age of 18. Exemption for an aged restricted community shall only be available subject to a recorded restrictive covenant prohibiting the residence of school aged children in a manner not inconsistent with federal, state or local law or regulations

(iii)

A Development of Regional Impact (DRI) with a development order issued before July 1, 2005 (the effective date of Chapter 2005-290 Laws of Florida) or an application submitted before May 1, 2005

(iv)

As may otherwise be exempted by Florida Statutes, including but not limited to, applications within municipalities which meet specific qualifying criteria outlined in the statute and approved by the School Board.

2.

The following application shall be considered vested for the purpose of determining the requirements of public school concurrency:

Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:

i.

The mitigation to address the impact of the new students anticipated from the development has been accepted by the School Board consistent with School Board Policy 1161, entitled "growth management", as may be amended from time to time;

ii.

A declaration of restrictive covenant has been properly executed and recorded by the developer, or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement consistent with School Board Policy 1161, as may be amended from time to time. The declaration of restrictive covenants must be joined in and consented to by the mortgagee or holder of a security interest in the parcel of land subject to the declaration of restrictive covenants; and

iii.

The applicant shall provide a letter from the School Board or other evidence acceptable to the City verifying i and ii above. Other evidence may include documentation as specified in the tri-party agreement.

3.

Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. This includes any application approved between February 2, 1979 and March 19, 2008, the effective date of the public school facilities element of the comprehensive plan and this Code, which have not expired. In the transmittal of an application to the school district, the City shall include written information indicating that the units in the application are vested.

4.

Any application that has received final approval, and which has not expired, prior to the effective date of the public school facilities element of the City's Comprehensive Plan.

5.

To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the application which shall include written evidence from the School Board sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrency.

c.

Level of Service Standards (LOS) In order to ensure that the capacity of schools is sufficient to support student growth, the School Board, County and Municipalities have declared and established the following School Types for the purpose of establishing a uniform, district wide LOS for public schools of the same type:

1.

School Type A is a bounded elementary, middle or high school that has the equivalent of at least 10% of its permanent Florida Inventory of School Houses (FISH) capacity available onsite in relocatables. The LOS for School Type A shall be 100% gross capacity (including relocatables).

2.

School Type B is a bounded elementary, middle or high school that has less than the equivalent of 10% of its permanent FISH capacity available onsite in relocatables. The LOS for School Type B shall be 110% permanent FISH capacity.

3.

The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements.

d.

Concurrency Service Areas (CSAs) The areas for the implementation of public school concurrency in Broward County shall be known as concurrency service areas (CSA), and such CSAs shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the School Board. For the purposes of public school concurrency, such CSAs shall be effective on the first day of the school year and end on the last day before the beginning of the next school year.

e.

Student Generation Rates The Broward County adopted student generation rate(s) contained in Broward County Land Development Code Section 5-182.9 "Student Generation Rates" shall be utilized to determine the potential student impact anticipated from the residential development proposed in submitted applications.

f.

Review Procedure

1.

Public School Impact Application (PSIA) Any applicant submitting an application with a residential component, that is not exempt or vested, is subject to public school concurrency and shall be required to submit a public school impact application (PSIA) for review by the school district. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school district shall be required prior to acceptance of the application by the City. If an application or approval expires, the SCAD letter will no longer be valid.

2.

School Capacity Availability Determination (SCAD) Letter A residential application or amendments thereto, shall not be approved by the City, unless the residential development is exempt or vested from the requirements of public school concurrency, until a school capacity availability determination (SCAD) letter has been received from the school district confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the School Board.

g.

Expiration of Concurrency/Vesting

1.

The public school concurrency approval for a residential application shall expire if development does not commence, as outlined in 2) below, within five years following the date of City Council development order approval.

2.

If a residential application received approval, the development and anticipated students shall be considered vested for up to five years beginning from the date the developer received approval from the City. Vesting of a residential application beyond the five years requires that one of the following conditions are met within the five-year period: 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines, sewer lines and the rock base for internal roads.

(p)

Private Utilities and Service Providers Prior to the final approval of a plat or site plan (if no plat is required), the applicant shall provide confirmation from the provider of electric, natural gas, if applicable, telephone, and cable television services that the proposed development can be adequately serviced.

(q)

Conditions A level of service determination may be granted by the DRC, subject to conditions intended to ensure compliance with the level of service standards contained in the Comprehensive Plan and this Code, including, but not limited to, the dedication of land, the construction of public facilities pursuant to a development agreement or the assessment of other fees which may be authorized by the laws of the City.

(r)

Appeals of Determinations of Impact Any person aggrieved by the decision of the DRC may appeal the determination to the Chief Administrative Officer and then to the City Council whose decisions shall be final in accordance with the provisions of this Code. The appeal shall be pursuant to this appeal process. The adversely affected party must file with the City Clerk a notice of appeal, together with established and required fees, and plans, stating the name of the applicant for the appeal, applicant's attorney (if any), development permit at issue, decision being appealed, and a brief description of the reasons and basis for the appeal. The notice of appeal must be filed in the office of the City Clerk within fifteen (15) days of the rendition of the decision by the DRC. An appeal to the Chief Administrative Officer stays all proceedings in furtherance of the action appealed from unless the Chief Administrative Officer, or the Chief Administrative Officer's designee, certifies that by reason of facts stated in the notice of appeal, a stay would, in the Chief Administrative Officer's opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Chief Administrative Officer, City Council, or by a Court of Record. Any adversely affected person appealing the decision of the Chief Administrative Officer shall file the appeal pursuant to the appeal process set forth in Section 27-52(1).

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Site Plan Review Required

(1)

Except as provided in this Section, applications for site plan approval for all development shall be submitted to the Department for review. Site plans shall be reviewed and approved by the appropriate authority as set forth in Table 50-1.

(2)

The Director shall have the discretion to determine whether an application for site plan approval requires full DRC or administrative review. The applicant may appeal the decision of the Director to the Council within fifteen (15) days of the decision, pursuant to the appeal procedure. The decision of the City Council shall be final and binding upon the applicant.

(3)

The City Council, upon request of any Councilmember, reserves the right to review and approve any site plan application.

(4)

The City contains several Planned Residential Developments (PRDs), which were adopted through the approval of a Master Site Plan. Most PRDs are residential in nature, although a few also include nonresidential property. Any property located in a PRD shall apply to amend the existing site plan through the site plan amendment process described herein.

(b)

Exemptions The Director shall review applications and determine if they qualify for an exemption from some or all of the site plan review process. The following activities as shown in Table 50-1 that are defined as "exempt" shall not require submission of a site plan pursuant to this section.

Table 50-1
SITE PLAN APPROVAL PROCESS

*The Director has the discretion to exempt a site plan for new construction from Planning and Zoning Board review provided the following conditions are met:

a.

The use is permitted; and

b.

The site plan has no more than 3 waivers pertaining to site design and landscaping (not including administrative adjustments).

(c)

General Site Plan Application Requirements All site plan submittals shall include drawings prepared by each of the following design professionals, as appropriate:

(1)

A landscape architect registered by the State of Florida (RLA); and

(2)

An architect registered by the State of Florida (RA); and

(3)

A civil engineer registered by the State of Florida (PE); and

(4)

A land surveyor registered by the State of Florida.

All surveys and site plans, including design data, calculations, and analysis, shall be certified to and for the reliance of the City by a State of Florida licensed engineer, architect, landscape architect, and surveyor according to their professional licensed discipline. Certification shall not be older than 180 days prior to the date of application for site plan approval. All surveys and site plans must be current, meaning that the survey or site plan is no older than one (1) year prior to site plan or site plan amendment application (or brought up to date) and depicts current conditions on the subject property. Surveys shall be prepared in accordance with the minimum technical standards of Florida Statutes § 472.027, and Florida Administrative Code Chapter 5J17.052, and attached as an exhibit to the application.

(d)

Site Plan Submission Requirements Site plan, site plan amendment, site plan revision and site plan extension request application forms, along with all established and required fees, documents, and plans, shall be submitted to the Department by the applicant. An application for site plan review shall include all of the drawings required in the Department's Site Plan Submittal Requirements Document. Furthermore, the Director shall reserve the right to request a line-of-sight, market, parking or any other study or analysis deemed appropriate for the proper review of the proposal.

All proposals for new construction and amended construction will be reviewed by the City Engineer for a determination of the scope of traffic impact analysis that shall be required for the proposal. The applicant shall meet with the City Engineer to develop the specific criteria and methodology that shall be required for the analysis of the case. The traffic analysis is required to be submitted before the second submittal of the site plan for review and will be reviewed by the City's Traffic Engineering consultant, at the applicant's cost through a cost-recovery trust account established with the Engineering Department. Off-site traffic improvements may be required as determined by the City Engineer.

(e)

Development Review Committee (DRC)

(1)

The DRC shall evaluate the site plan as it relates to conformance to the requirements of these LDRs, and shall consider internal site vehicular circulation, ingress and egress, overall traffic impacts, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will promote the public health, safety, interest, aesthetics, and welfare of its citizens. The proposed development and site plan must comply with:

a.

The Goals, Objectives, Policies and other applicable requirements of the City's Comprehensive Plan and the Broward County Comprehensive Land Use Plan; and

b.

All applicable laws, rules, regulations, and codes of the City, County and State; and

c.

All life safety concerns including:

1.

traffic queuing, circulation, volume, and site visibility, mitigation of all traffic impact to both on-site and off-site development;

2.

the Florida Building Code;

3.

the City's Fire Prevention Code;

4.

the City's Flood prevention Code;

5.

the City's Utilities Code; and

6.

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; and

d.

Approved and accepted architectural and engineering design standards presented on plans that are sufficiently detailed; and

e.

The aesthetic character of the surrounding properties; and

f.

The requirements of the Site Plan Submittal Requirements document.

(2)

DRC Action After review of the requirements of Section 27-50(c—e), the DRC shall take the following action by making a determination:

a.

That the site plan application is complete and meets the requirements of this Section. In such circumstance, the DRC shall not vote to recommend approval or denial of a proposed project but shall make a determination that the site plan application is appropriate to move forward for consideration by the PZB and City Council; or

b.

That the site plan application is incomplete and/or does not meet the requirements of this Section and that required changes to the application are of such a nature that resubmittal of the application to the DRC is warranted. The DRC, after receiving evidence of revisions submitted to the Department in conformance with the required changes, shall make a determination that the site plan application is appropriate to move forward for consideration by the PZB and City Council.

(f)

Planning and Zoning Board Review Except for plans qualified for exemption, upon a determination by the DRC or by the Department's planning staff that the site plan complies with the review criteria and all applicable code provisions, the site plan will be scheduled for review by the PZB. All site plans will be placed on the Board agenda for recommendation to the City Council. The PZB must consider the same criteria as the DRC when making their recommendation. Action by the PZB shall consist of one of the following:

(1)

Remand the site plan to the DRC for further review and reconsideration; or

(2)

Continue or table the site plan in order to obtain additional information; or

(3)

Recommend approval, approval with conditions, or denial the site plan.

(g)

City Council Review Except for plans qualified for exemption, upon a determination by the DRC, PZB, or by the Department's planning staff that the site plan complies with the review criteria and all applicable code provisions, the site plan will be scheduled for review by the City Council. All site plans will be placed on the quasi-judicial portion of the Council agenda for final Council action. The Council must consider the same criteria as the DRC and PZB when making the decision. Action by the Council shall consist of one of the following:

(1)

Remand the site plan to the DRC or PZB for further review and consideration; or

(2)

Continue or table the site plan in order to obtain additional information; or

(3)

Approve, approve with conditions, or deny the site plan. Unless the approving motion states specifically otherwise, all staff comments, conditions, and recommendations shall be included in the approval.

(h)

Review Procedures for Site Plan Amendments/Revisions

(1)

Minor site plan revisions may be filed with the Department for modifications to the approved site plan or site plan amendment or to existing construction for alterations that do not affect existing to proposed infrastructure, site access or life safety provisions as identified in Table 50-1.

(2)

The Department's planning staff will review the application to determine if the proposed revisions do not compromise existing conditions or a previously approved site layout. If the modifications require review by other disciplines such as Building, Engineering, Fire, Landscaping, Police and/or Utilities, then the application may be subject to review by the DRC. The Director shall have the discretion based on the above guidelines to determine whether a prosed revision requires full DRC or administrative site plan review. The applicant may appeal the decision of the Director to the Council within fifteen (15) days of the decision, pursuant to the appeal process of this article. The decision of the City Council shall be final and binding upon the applicant.

(3)

The Department's planning staff shall either approve or deny the application or approve with conditions.

(4)

If an applicant is denied such approval, the applicant may appeal to the City Council pursuant to the appeal procedure. The decision of the City Council shall be final and binding upon the applicant.

(i)

Approved Plans All building permit plans shall conform to the approved site plan with conditions, if applicable.

(j)

Time Limit for Approved Plans An approved site plan shall remain valid for a period of one (1) year (365 days) from the date of approval. If a building permit has not been applied for within a one (1) year period, then the site plan shall be null and void. If a building permit is applied for and the building permit is not issued within six (6) months, then the site plan shall become null and void. Additionally, if at any time, building permits lapse after expiration of said 365-day period, the site plan shall be considered null and void.

A 6-month extension may be granted by the Director, if determined by the Director to have a reasonable justification by the applicant and provided that the application is filed at least 10 days prior to the expiration of the site plan approval. A 12-month extension may be granted by the City Council, provided that the application for same is filed 10 days prior to the expiration of the site plan approval and will be placed on the next available City Council agenda. After a site plan has officially expired, an applicant desiring to move forward with the proposal must re-apply for site plan approval.

(k)

Crime Prevention Through Environmental Design (CPTED)

(1)

Intent and Purpose Except for one single-family dwelling, duplex or triplex unit, applications for site plan approval shall undergo CPTED review for all uses. The CPTED review shall be completed by the DRC representative(s) who shall have successfully completed 40 hours of basic CPTED training and 24 hours of advanced CPTED training. Compliance with the comments noted by the CPTED reviewers shall be mandatory for privately owned properties.

(2)

CPTED Review The CPTED review performed by the individual(s) set forth above shall encompass the following CPTED principles:

a.

Provision of Natural Surveillance

1.

The placement and design of physical features shall maximize visibility which shall include building orientation; windows; building and site entrances and exits; parking lots; walkways; landscaping; fencing, security gates, walls; signage; window signs or coverings; and other physical obstructions.

2.

The placement of persons, cameras, cash registers, and/or activities to maximize surveillance possibilities.

3.

Lighting that provides for adequate nighttime illumination of parking lots, walkways, entrances and exits.

b.

Provision for Natural Access Control

1.

The use of sidewalks, pavement, lighting, signage, street furniture, and landscaping to clearly guide the public to and from entrances and exits.

2.

The use of fences, walls and landscaping to prevent and/or discourage public access to or from dark and/or unmonitored areas.

c.

Provision of Territorial Reinforcement The use of pavement treatments, landscaping, art, furniture, signage, screening, walls, and fences to define and outline ownership of property.

d.

Maintenance The use of low maintenance landscaping and lighting treatment to facilitate the CPTED principles of natural surveillance, natural access control and territorial reinforcement, and the adoption of a perpetual maintenance plan for the property.

e.

Construction Sites Trespassing on a construction site is a felony of the third degree, punishable as provided in [F.S.] § 775.082, § 775.083, or § 775.084, if the property trespassed is:

1.

Greater than 1 acre in area and is legally posted and identified in substantially the following manner: "This area is a designated construction site, and anyone who trespasses on this property commits a felony."; or

2.

One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: "This area is a designated construction site, and anyone who trespasses on this property commits a felony." The sign shall be placed at the location on the property where the permits for construction are located. For construction sites of 1 acre or less as provided in this subparagraph, it shall not be necessary to give notice by posting as defined in [F.S. §] 810.011(5).

3.

It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling in order to obtain the benefits of [F.S.] §§ 810.09 and 810.12 pertaining to trespass on enclosed lands.

4.

"Posted land" is that land upon which:

i.

Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words "no trespassing" and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or

ii.

Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:

1)

Painted in an international orange color and displaying the stenciled words "No Trespassing" in letters no less than 2 inches high and 1 inch wide either vertically or horizontally.

2)

Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and

3)

Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.

4)

Beginning October 1, 2007, when a landowner uses the painted no trespassing posting to identify a "no trespassing" area, those painted notices shall be accompanied by signs complying with subparagraph 1. and placed conspicuously at all places where entry to the property is normally expected or known to occur.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024)

Cure Plan application forms, along with all established and required fees, documents, and plans, shall be submitted to the Department by the applicant.

(a)

Structures, Lot Size and Land Use Made Illegal as a Result of Governmental Acquisition In the event that an acquiring authority acquires private property for a public transportation facility or other public purpose or facility and the acquisition results in the increase of or the creation of nonconformity, such private property shall constitute a non-conforming use unless a variance is granted in accordance with this section.

(b)

Authority to Apply for Variance The acquiring authority and/or the property owner are each hereby granted the authority to apply for a variance from the LDR to cure the non-conformities pursuant to this section. Application may be made prior to or after the creation of the nonconformity.

(c)

Authority to Grant Variances The City Council shall have the authority to grant variances to cure non-conformities pursuant to this section.

(d)

Standards for Granting or Denial of Variances; Conditions

(1)

Existing lots, parcels, structures or uses which become or will become non-conforming or suffer an increase in nonconformity as a result of governmental acquisition by an acquiring authority, and constitute a deviation from the LDR standards at the time of the proposed taking, may be granted a variance by the City Council, provided a determination is made by the Council, after a quasi-judicial public hearing that:

a.

The requested variance will not adversely affect visual, safety, aesthetic or environmental characteristics of the community;

b.

The requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles;

c.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity;

d.

The requested variance will not cause motor vehicle parking shortages which adversely impact the community; and

e.

The requested variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts; and

f.

The requested variance does not conflict with the Comprehensive Plan.

(2)

The Council may impose conditions upon any variance granted so as to assure compliance with the above listed criteria.

(e)

Status of Lots, Parcels, Structures or Uses After Granting of a Variance The granting of a variance pursuant to Subsection 27-51(d) shall serve to cure the nonconformity, subject to implementation of the variance in accordance with the specific approval granted and in accordance with any conditions imposed upon the grant of such variance.

(f)

Procedure for Application for Variance

(1)

The acquiring authority and/or property owner may apply in writing to the department Director for a variance pursuant to Subsection 27-51(b). The application may request alternative cures. The applicable fee established for review and processing of the application shall be submitted with the application.

(2)

If an application for a variance is submitted by the acquiring authority, the property owner shall be notified via U.S. certified mail, return receipt requested, of the application by the acquiring authority. Proof of notification shall be provided to the Department at time of application. Notice shall be addressed to the property owner's most current address as depicted in the current ad valorem tax rolls maintained by the county property appraiser.

(3)

If an application for a variance is submitted by the property owner, the acquiring authority shall be notified via U.S. certified mail, return receipt requested, of the application by the property owner. Proof of notification shall be provided to the Department at time of application.

(4)

If the acquiring authority desires to submit an application for a cure or variance in addition to the plan proposed by the property owner, it shall do so within 30 days of such notification, so that the applications of both the property owner and acquiring authority may be considered at the same time. If such application is not timely submitted by the acquiring authority, the application shall not be heard by the City Council unless the Council finds good cause and reasonable justification for the delay by the acquiring authority.

(5)

Hearings before the Council shall be conducted in accordance with the City Code procedure for quasi-judicial hearings. Public notice shall be provided in accordance with Section 27-41.

(g)

Expedited Review; Preliminary Decision

(1)

The acquiring authority or property owner may request, and the City Council may grant an expedited review of an application in those situations in which the primary purpose of the application is to facilitate the property acquisition by providing input early in the acquiring authority's appraisal process.

(2)

Under an expedited review, the application may be advanced for placement on a Council agenda. Any determination made by the Council shall be preliminary and non-binding.

(3)

Thereafter, the applicant may request the application to be processed for final binding consideration pursuant to subsection 27-51(f) above.

(h)

Code Violations

(1)

The provisions of this Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be an immediate threat to the public health, safety, aesthetics or welfare.

(2)

The appropriate building officials and inspectors of the city are hereby authorized to take any necessary steps to enforce all applicable building and safety codes even though the subject property is part of a pending governmental acquisition.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose and Scope of a Variance The variance process for physical site development is intended to provide limited relief from the requirements of this Code in those cases where strict application of those requirements will create an undue hardship or practical difficulty, as distinguished from a mere inconvenience, prohibiting the use of land in a manner otherwise allowed under this Code.

(b)

Application Requirements Variance application forms, along with all established and required fees, documents, and plans, shall be submitted to the Department by the applicant.

(c)

Review and Approval Authority Variances pertaining to dimensional standard requirements applicable to and affecting individual single-family or duplex dwelling units, including those in PRDs, shall be granted final consideration by the PZB. All other variances shall be given final consideration to be granted by the City Council. Refer to Table 52-1.

(d)

Staff and DRC Review The Department shall review the application to evaluate whether the proposed variance complies with the general purpose and standards set forth for the granting of variances. The Department shall compile a written staff report summarizing the facts of the case including all relevant documents and plans and an analysis of the applicant's submitted criteria responses. At the discretion of the Director, the DRC may review the request and render a recommendation for variance cases. The complete application and staff report shall be prepared and transmitted to the Board or Council pursuant to the respective required process noted in Section 27-52(c).

(e)

Review by the PZB Applications for variances subject to review and approval by the Board shall be scheduled for one quasi-judicial public hearing by the Department. Notice of the public hearing and the conduct of the public hearing shall be in accordance with the provisions of this Code. In considering whether to approve or deny the application, the Board shall review the application, the general purpose and standards of the Code, staff reports, and any oral and written comments received before or at the public hearing. An applicant may appeal the decision of the Board pursuant to the appeals procedure.

(f)

Review by City Council Applications for variances subject to review and approval by the Council shall be transmitted to the Chief Administrative Officer, with a written staff report. The Chief Administrative Officer shall schedule the proposed variance for the next available Council meeting, provided that the required notice requirements are met. The Council shall hold one quasi-judicial public hearing on the proposed variance. In considering whether to approve or deny the application, the City Council shall review the application, the general purpose and standards of the Code, staff reports, and any oral and written comments received before or at the public hearing.

(g)

Review Standards A variance shall be granted only where the preponderance of the evidence presented in the particular case shows that either of the following is met:

(1)

Undue Hardship Variance The following are the standards that must be met to demonstrate an undue hardship:

a.

The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally; and

b.

The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity; and

c.

That the special conditions or circumstances do not result from the deliberate actions of the applicant or property owner of the subject property to establish a use or structure which is not otherwise consistent with this Code; and

d.

That the granting of the variance will not confer on the applicant or the property owner of the subject property any special privilege that is denied by the Code to other similarly situated lands, buildings, or structures in the same zoning district; and

e.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity; and

f.

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity; and

g.

The requested variance does not conflict with the Comprehensive Plan.

(2)

Practical Difficulty Waiver If the application does not meet the undue hardship variance criteria, the application may be considered under the requirements of practical difficulty waiver. The following are the standards that must be met for consideration of whether a practical difficulty exists:

a.

The request shall not be substantial in relation to what is required by the Code; and

b.

The approval of the practical difficulty will be compatible with development patterns; and

c.

The essential character of the neighborhood would be preserved; and

d.

The request can be approved without causing substantial detriment to adjoining properties; and

e.

The request is due to unique circumstances of the property, the property owner, and/or the applicant which would render conformity with the strict requirements of the Code unnecessarily burdensome.

(h)

Administrative Adjustment Variance

(1)

For all uses, including single-family or duplex dwelling units in PRDs, an administrative adjustment from the dimensional requirements, fence height, and landscaping requirements, set forth in Table 52-1 below, may be granted by the Director utilizing the criteria for undue hardships and practical difficulty variances listed above. Percentage changes are based on the code requirement contained within these LDRs. For example, a 10-foot setback requirement may be reduced by 15% to a minimum of 8.5 feet.

(2)

If the Director does not wish to approve an application for an administrative adjustment, it may be referred to the PZB or City Council, whichever is applicable pursuant to Table 52-1.

Table 52-1
Variance Approvals

* Provided the administrative adjustment variance for signs will not:

a.

Result in an increase in the total number of signs being increased beyond the number currently allowed by the sign code; and

b.

The cumulative sign area of all signs does not exceed the cumulative area otherwise allowed by the sign code, and

c.

The height of applicable sign(s) does not exceed that permitted by sign code.

(i)

Conditions In granting a variance, the Director, PZB, or Council may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards for granting a variance or to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location; requirements for landscaping, signage, aesthetics, outdoor lighting, and the provision of adequate ingress and egress; hours of operation; and the mitigation of environmental impacts.

(j)

Time Limit for Approved Variances/Waivers An approved variance shall remain valid for a period of one (1) year (365 days) from the date of approval. If the variance has not been implemented or a building permit has not been applied for within a one (1) year period, then the variance shall be considered null and void. If a building permit is applied for and the building permit is not issued within six (6) months, then the variance shall become null and void. Additionally, if at any time, building permits lapse after expiration of said 365-day period, the variance shall be considered null and void.

A 6-month extension may be granted by the Director, if determined by the Director to have a reasonable justification by the applicant and provided that the application is filed at least 30 days prior to the expiration of the variance/waiver approval. A 12-month extension may be granted by the Council, provided that the application for same is filed prior to the expiration of the variance/waiver approval. After a variance/waiver has officially expired, an applicant desiring to move forward with the proposal must re-apply for variance/waiver approval.

(k)

Zoning Relief Request Procedures

(1)

Purpose and Applicability In order to address possible unintended violations of Federal and Florida laws, subsequent to implementation of this Code or its related rules, policies, and procedures in advance of costly litigation, zoning relief may be granted pursuant to this section.

(2)

Application A person or entity shall request relief under this section prior to filing a lawsuit, by completing a zoning relief request form. Zoning relief request application forms, along with all established and required fees, documents, and plans, shall be submitted by the applicant to the Department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(3)

Notice The City shall display a notice on the city's public notice bulletin board and shall maintain copies available for review in the Department and the Office of the City Clerk. The notice shall advise the public that a request for zoning relief under a Federal and/or Florida law is pending. The location, date and time of the applicable public hearing shall be included in the notice. Mailed notice shall also be provided to property owners within 300 feet of the subject property, if the request for relief is site specific, in accordance with the procedure provided in Section 27-41(l)(1).

(4)

Application and Hearing The Council shall have the authority to consider and act on requests for zoning relief submitted to the Department. A final public hearing shall be held at the next available Council meeting or within a period not exceeding 90 days of the PZB public hearing, whichever is less. A written determination shall be issued by Resolution no later than thirty days after the conclusion of the final public hearing. The determination may:

a.

Continue or table the site plan in order to obtain additional information; or

b.

Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or

c.

Deny the request, and consistent with Florida Statute § 166.031, provide written reasons for the denial.

(5)

Additional Information If necessary, prior to the public hearing, the City may request additional information from the requesting party, specifying in sufficient detail what information is required. In the event a request for additional information is made to the requesting party by the City, the 120-day time period to schedule a public hearing shall be extended by ninety (90) days to include the time necessary to seek and review the additional information. The requesting party shall have fifteen (15) days after the date the information is requested to provide the needed information. If the requesting party fails to respond with the requested additional information, the City shall not proceed with scheduling a public hearing and issuing its final written determination regarding the relief requested.

(6)

Criteria In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:

a.

The applicant has a claim to relief or damages under a Federal or Florida law or combination thereof, which will likely be successful;

b.

The applicant believes in good faith that the City through implementation of its LDR has intentionally or unintentionally violated Federal or Florida law for the reasons stated in the zoning relief request; and

c.

The applicant satisfies the standard set forth in the applicable Federal or Florida statute(s), or legal precedent interpreting the applicable statute(s).

(7)

Exhaustion Required Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the City or the applicant. Completion of the zoning relief procedures shall constitute the exhaustion of all administrative remedies available from the City.

(8)

Effect While Pending While an application for zoning relief is pending before the City, the City will not enforce the subject LDR, rules, policies, and procedures against the property owner, except that the city may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(l)

Appeals

(1)

Purpose and Applicability This section is intended to provide for a procedure for appeals from any written order, requirement, decision, determination, or interpretation made by an administrative official in the enforcement of these regulations. The authority to decide appeals shall be as specified in this Code.

(2)

Filing of Application and Notice of Appeal

a.

An applicant may appeal the decision of the Director or other Administrative Official if the appeal relates to development. The appeal shall be pursuant to this appeal process. The applicant must file with the Department a notice of appeal, together with established and required fees, and plans, stating the name of the applicant for the appeal, applicant's attorney (if any), development permit at issue, decision being appealed, and a brief description of the reasons and basis for the appeal. The notice of appeal must be filed within 15 days of the rendition of the decision.

b.

Stay of Proceeding Filing a Notice of Appeal stays all proceedings in furtherance of the action appealed from unless the Chief Administrative Officer, or the Chief Administrative Officer's designee, certifies to the Council after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the Chief Administrative Officer's opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by City Council or by a court of record on application.

(3)

Review Upon receipt of a complete application, the Chief Administrative Officer shall review the application and schedule a hearing to be conducted by the PZB. The Chief Administrative Officer shall forward a copy of the application to the PZB together with a report and recommendation summarizing the facts of the case, any relevant documents and any comments received on the application.

(4)

Action by the PZB A hearing shall be held by the PZB to consider the application. The applicant shall be advised in writing of the hearing date and time. The PZB shall review the application, the report and recommendation of the administration and consider the evidence and testimony provided at the hearing. The appeal hearing shall be de novo. After the public hearing is held, the PZB shall issue a written ruling and order granting the relief sought in the application, with or without conditions, or denying the appeal.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose

(1)

Use variances are intended to be granted only in unique and exceptional circumstances on nonresidential zoned land where the proposed use is considered to be necessary for (as distinguished from convenient to) the public's health, safety, or welfare. A use variance is a zoning use approval that permits a use on a property-specific basis for nonresidential zoned land where:

a.

The use is not expressly prohibited in any zoning district;

b.

The use is not a heavy commercial use as defined in Section 27-11 of this Code;

c.

The use is listed as a permitted use or as a conditional use in any of the following zoning classifications where the property considered for such use does not enjoy any of the following zoning classifications: B-1P, B-2L, and CF-P;

d.

The use is listed as a permitted use or as a conditional use in any of the following zoning classifications and where the property considered for such use enjoys a B-2L zoning classification: B-1P, and CF-P;

e.

The use is listed as a permitted use or as a conditional use in any of the following zoning classifications and where the property considered for such use enjoys a B-1P zoning classification: CF-P;

f.

The use is listed as a permitted use or as a conditional use in any of the following zoning classifications and where the property considered for such use enjoys a B- 2P zoning classification: B3-P;

g.

The requirements of this section are satisfied; and

h.

The City deems it inappropriate to amend its zoning and land development regulations.

(b)

Application and Review Process

(1)

An application for a use variance shall not be accepted by the Director unless the City Council adopts a motion after vote by which it determines that it does not wish to enact an amendment to the City's zoning and land development regulations so as to regulate the proposed use in some manner (e.g., to make same prohibited in all zoning districts, or to make same a conditional use, a permitted use, or a contingent use in the zoning district the subject property enjoys). In determining whether to amend the City's zoning and land development regulations so as to regulate a use in some manner, the matter shall be considered a legislative item. Regardless of whether it is sponsored the Department, or requested by one interested in real property, the legislative item shall be formally reviewed by the Director who shall issue a written report.

(2)

An applicant for a use variance must submit a use variance application to the Department. All use variance applications shall be subject to DRC and Planning and Zoning Board review prior to being reviewed and either approved or denied by the City Council.

a.

The applicant must submit a binding and buildable site plan to accompany the application (which correctly reflects ingress and egress to the proposed use, the landscaping, parking, buffering, etc., of the subject property, the exterior elevations of any structure to be erected, including the materials to be utilized thereon), a traffic impact study, a market study, a writing addressing each of the applicable decisional criteria, and such other information as the applicant desires.

b.

The application will be reviewed using the measurable standards and criteria set forth in Section 27-56(c).

c.

When granting any use variance, the City may attach conditions and safeguards as it determines are appropriate to assure the satisfaction of the measurable standards and criteria set forth in Section 27-56(c).

(3)

Those use variances which are deemed by the City to be of low impact upon the subject property, the surrounding property, and neighborhood, may be granted the following relief from providing of the measurable standards and criteria contained within this section:

a.

The preparation of a detailed, binding, buildable site plan;

b.

The preparation of a traffic impact study; and,

c.

The preparation of a market study.

A request for such relief shall be presented to the Director [uses considered to be of low impact shall be those where the property is developed, minimal exterior alterations to existing structures shall be made to accommodate the use, there is adequate parking on-site to accommodate the use (and all other uses of the subject property), the use does not, in conjunction with the existing, utilized uses of the property, generate trips in excess of the development approved for the property, and the use is clearly harmonious with the present utilization of the property and of the surrounding property.

(c)

Review Standards A use variance shall not be granted by the City unless it determines that:

(1)

The nature of the use variance is such that it is necessary for the health, safety, or welfare of the inhabitants of the City's, and is not a mere convenience to such inhabitants;

(2)

A present need for the proposed use exists for service to the population in the area, considering the present availability of similar uses that may serve such population and such area's existing development);

(3)

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved, which are not applicable to other lands, structures, or buildings in the same zoning district, which constitute marked exceptions to other properties in the district, and which prevent the reasonable use of said land, structure, or building;

(4)

The literal application of the zoning and land development regulations under such special conditions and circumstances would create an unnecessary hardship which is not self-created;

(5)

Not granting the use variance would deprive the applicant of a substantial property right that is enjoyed by other property owners within the district and within the surrounding property (nonconforming use of neighboring lands, structures or buildings, in the district or surrounding property, shall not be grounds for issuing a use variance);

(6)

The requested use variance is of such character, size, and location so as to not change the nature of the principal permitted usage on the property, or will not conflict with the intent and purpose of the zoning district within which the property is located;

(7)

The use variance requested is consistent with the Comprehensive Plan;

(8)

The use variance is compatible with the general plan for the physical development of the district and surrounding property, and is in harmony with the general character of the existing structures for the subject property, district, and the surrounding property, considering design, scale, and bulk of any new structures, the intensity and character of the proposed use, the use regulations of the district and how the district and subject property has developed, the character of the surrounding property, and traffic and parking conditions;

(9)

The use variance will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads or intersections, or its location in relation to other buildings or proposed buildings on or near the site or the traffic pattern from such buildings, or by reason of its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground or hospital, or other public use or place of public assembly (where such use variance involves heavy vehicular traffic ingressing or egressing from adjacent roadways or on-site, or is deemed a trip generating use, a traffic analysis shall be submitted by the applicant with suggested means of ameliorating such traffic impact);

(10)

The use variance will not be detrimental to the use, peaceful enjoyment, economic value, or development of the subject property, district, surrounding property, or the neighborhood, and will cause no objectionable noise, vibration, fumes, odors, dust, glare, or physical activity;

(11)

The use variance will not adversely affect the health, safety, security, morals, or general welfare of the residents, visitors, or workers of the subject property, the surrounding property, or the neighborhood; and

(12)

The use variance will not, in conjunction with existing development in the neighborhood, or surrounding property, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public improvements, and will not create a hazard by virtue of its size and location to residents, visitors, or workers in the neighborhood or surrounding property.

(d)

Burden of proof

(1)

The applicant for a use variance 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 governing body of the City.

(2)

The applicant must establish all questions of fact and the satisfaction of this division's measurable standards and criteria by clear and convincing evidence.

(3)

Use variances are zoning decisions which permit uses otherwise not legislatively sanctioned by the city's zoning and land development regulations. It will therefore be presumed that an application for use approval does not satisfy the measurable standards and criteria set forth in Section 27-53(c).

(e)

Minor Use Variance A minor use variance is defined as a non-residential change of use located entirely within an existing building having a gross floor area equal or less than four thousand (4,000) square feet. Minor use variances may be approved administratively as set forth in Table 53-1 below.

Table 53-1
Minor Use Variance

(1)

Review Criteria In addition to other standards and criteria in this Code that apply to the proposed development, the Director in reviewing a minor use variance shall consider:

a.

Whether the minor use variance will or may adversely affect the peaceful enjoyment of the surrounding property;

b.

Whether there is any probability of an increase of any objectionable noise, vibration, fumes, odor, glare or physical activity;

c.

Whether insufficient on-site parking will result and whether traffic conditions on-site, off-site, or both, will be adversely affected;

d.

Whether the proposed minor use variance may overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage and other public services or infrastructure; and

e.

The character of the proposed minor use variance and the character of the surrounding property.

(2)

Director Deliberations An administrative decision with respect to a minor use variance approval is a discretionary administrative decision. No hearing shall be required. In those cases where the Director determines that DRC review is required, said review may take place without a DRC meeting. If a DRC member does not indicate approval of the minor use variance application within seven (7) days of receiving the application from the Department, the DRC member shall be deemed to have objected to the application. The Department shall encourage the applicant to meet with the applicable DRC member department to determine if concerns can be met.

(3)

Referral to Council If the Director does not wish to approve an application for a minor use variance, it may be referred by the Director to the Council.

(4)

Elected Official "Call-Up" Procedure—City Council Review An administrative decision to approve a minor use variance shall become final fourteen (14) days after it is reduced to writing and:

a.

Mailed to the applicant;

b.

Mailed to all property owners as disclosed by the most recent tax roll within three hundred (300) feet of the property for which the minor use variance application has been filed; and

c.

Transmitted to the City Council Members The notice of the decision must advise the addressees of the right of any Councilmember to require the Council's quasi-judicial consideration of the matter, provided a Councilmember makes the request to the City Clerk during such fourteen-day time period to advertise the matter for consideration at the next reasonably available Council meeting. The City's regular advertising requirements shall apply to the City Council meeting at which the item will be considered (i.e., the proposed minor use variance shall be advertised in the same manner as a use variance), and at such advertised meeting, the Council may approve or deny the application.

(f)

Effect of Approval or Denial

(1)

Eligibility to Apply for Permits Approval of the application authorizes the applicant to proceed with any necessary applications for building permits, other development orders, and business tax receipts, which the City may require for the proposed development. A permit shall not be issued for work that does not comply with the terms of the use variance approval.

(2)

Effect of Denial In the event the Director does not approve an application for minor use variance approval, such lack of approval shall be without prejudice, and the property owner may file such use variance application de novo under the general rules of review contained in this subsection.

(3)

Expiration of Use Variance Approval

a.

Unless otherwise provided in the approval, the use variance application shall be deemed void and terminated, if the recipient does not obtain a building permit implementing the proposed development or a business tax license within one (1) year (365 days) after the date of the final approval of the use variance. An applicant who has obtained use variance approval may request an extension of this time period by filing with the Department, within the 365-day period, a letter stating the reasons for the extension request. Up to a 180-day (6 non-calendar months) extension may be granted administratively by the Director, if determined by the Director that the extension request is based on just cause and a reasonable justification by the applicant, provided that the application is filed at least 30 days prior to the expiration of the use variance approval. The City Council may, at a regular meeting, grant an extension of up to 365 days for good cause and a reasonable justification shown by the applicant.

b.

Provided a use variance is not vacated, abandoned, or discontinued for a period of 180 consecutive days, and in the absence of any other specific time period for the expiration of such use variance, a use variance shall cease within seven (7) years when there are no buildings employed on the premises in connection with such use variance, or if no modification to the exterior of a building is made, the interior tenant improvements) have a replacement value of two thousand ($2,000.00) dollars or less. When there are buildings and structures employed on the premises in connection with such use (or when there are interior tenant improvements made where the exterior of the building is not modified) which have a replacement value of two thousand ($2,000.00) dollars or greater, such use may be continued until the earlier of the following two (2) dates:

1.

Until such structure is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction; or

2.

Six (6) months after the expiration of the respective periods of time set out hereinafter, which periods are hereby established as the reasonable amortization of the normal useful life of each class of building and type of construction being as defined and specified in the Florida Building Code:

•  Type I. Fire-resistive construction .....30 years

•  Type II. Heavy timber construction .....25 years

•  Type III. Ordinary masonry construction .....20 years

•  Type IV. Metal frame construction .....12 years

•  Type V. Wood frame construction .....7 years

The seven (7), twelve (12), twenty (20), twenty-five (25), and thirty (30) year periods set forth in various parts of this section shall commence at the time a certificate of occupancy or completion is issued for the use variance, or if no improvements requiring permits need to be made to accommodate the use, the time it receives its first business tax license.

(4)

Rescinding of Approval by Abandonment of the Use Any discontinuation of an approved use variance for a period of 180 consecutive days, as determined by the Director, shall constitute an abandonment and shall rescind the approval of the use variance. There shall be a rebuttable presumption that the abandonment period commenced upon the termination of electrical or water service for the user, whichever occurs first.

(5)

Any adversely affected person may appeal the decision of the Director pursuant to the appeal process set forth in sections 27-52(k).

(g)

Amendments and Alterations to Approved Use Variances

(1)

Any expansion to an approved use variance and any addition to or expansion of an existing use variance shall require the same application, review and approval as required for the original approval of the use variance.

(2)

Minor changes in the site plan or design details of an approved use variance which are consistent with the standards and conditions applying to the use variance and which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and drive aisles, the relocation of a driveway, for example, may be approved administratively. An increase in the intensity, density, or change in use shall not be considered a minor change for the purposes of this section.

(h)

Limitation of Approval Use variance approvals granted by the City are non-transferrable. Individuals or corporations wishing to continue an existing business use for which a use variance was granted by the City must re-apply for use variance approval. If the new proposed use variance increases in intensity, density, change in use, size, scope, or number, then the application would be subject to review by the City Council; otherwise, if it consists just of a change in ownership, but is otherwise subject to the same parameters and conditions as the previous request, then that application could be administratively approved by the Director, at the Director's discretion, subject to the "Call-Up" procedure.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024)

(a)

Purpose and Applicability The building or site improvement permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by this Code must be obtained before an application for a building permit may be considered for approval by the City, with the exception of certain zoning permits requested subsequent to construction. The Florida Building Code, Broward County edition, as amended, is hereby adopted as the regulation governing the construction of buildings and structures in the City. Any qualified applicant desiring a permit to be issued by the Building Official as required, shall file the appropriate application forms, along with all established and required fees, documents, and plans, to the Building Department. No development shall occur until and unless the Building Department has issued the appropriate building or site improvement permit(s).

(b)

Application Requirements Application requirements shall be as set forth by the Florida Building Code and City Building Department.

(c)

Action by the Department The Building Official or said designee(s) shall review all applications for building permits for compliance with the provisions of these LDRs, the City Code, and the Florida Building Code, Broward County edition, as amended. The Building Department shall issue a building or site improvement permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes and level of service standards and any other approvals required by this Code.

(d)

Permit Card Upon approval of plans, specifications and application for permit and the payment of the required fees, the building official shall issue a permit. The permit shall be maintained in a conspicuous place on the front of the premises affected thereby during the hours of work in progress and available on demand for examination by inspectors.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose and Effect A new building or structure shall not be used or occupied unless and until a certificate of occupancy (CO) has been issued by the Building Department. An addition or structural alteration to any existing building or structure, other than a single-family detached dwelling, shall not be used or occupied until and unless the CO or certificate of completion (CC) has been issued. A new nonresidential use, nor a change in the occupancy of an existing nonresidential use, shall be established until and unless a CO has been issued.

(b)

Standards and Review A CO shall be issued only after the premises have been inspected and found to comply with all applicable standards and requirements for the zoning district in which they are located, and that the use or structure conforms to the plans and specifications for which the building permit was issued.

(c)

Action by Building Department The CO shall be issued, or notice shall be given to the applicant specifying the reasons a CO cannot be issued after the Building Department has completed all inspections required by all City Departments. A CO cannot be issued until all inspections have been approved by all required City Departments.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

Applications originating from another governmental entity as well as City-originated application forms, along with all established and required fees, documents, and plans, shall be submitted by the applicant to the Department for review. Planning and Zoning services include, as set forth in Table 56-1 below, the review and determination of:

Table 56-1
Services

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Intent and Purpose The intent of this subsection is to preserve and protect the heritage of the City through the identification, evaluation, and public awareness of the City's archaeological and historical resources. This subsection is further intended to:

(1)

Affect and accomplish the protection, enhancement and perpetuation of archaeological resources which represent distinctive elements of the area's heritage;

(2)

Foster civic pride in the accomplishments of the past;

(3)

Protect and enhance the City's attraction to residents, tourists and visitors, thereby serving as a support and stimulus to the economy;

(4)

Promote the use of archaeological sites for the education, pleasure, and welfare of the people of the City and the community;

(5)

Provide the framework and legal mechanism for identifying and designating those properties that have significance in the City's archaeological heritage; and

(6)

Assure that ground disturbing activity and new construction within designated archaeological sites is compatible with the properties' character.

(b)

Designation Standards Properties may be designated as archaeological sites only if they have significance in the archaeological heritage of the area, state, or nation, and meet one or more of the following criteria:

(1)

Are associated in a significant way with the life of a person important in the past;

(2)

Are the site of a historic event with significant effect upon the community, city, state, or nation;

(3)

Exemplify the historical, cultural, political, economic, or social trends of the community;

(4)

Have yielded, or may be likely to yield, information important in prehistory or history;

(5)

Contains any subsurface remains of historical or archaeological importance or any unusual ground formations or archaeological significance; and

(6)

Are designated in the comprehensive plan and/or Florida Master Site File.

(c)

Designation Procedures Properties which meet the criteria above may be designated as archaeological or historical sites in accordance with the following procedures.

(1)

Proposals Proposed designations may be made by the property owner, Council or the Chief Administrative Officer and shall include, but not be limited to, the legal description of the site, photographs of the site, a statement of significance and other information supporting the proposal.

(2)

Designation Report For every proposed archaeological site, the Chief Administrative Officer or designated city staff shall prepare a designation report containing the following information:

a.

Statement of Significance: A statement outlining the significance of the proposed archaeological site, the criteria upon which the designation is based, and a physical description of the property; and

b.

Boundaries: A map or map series indicating the proposed boundaries. Archaeological site boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management; and

c.

Recommendation: The designation report shall also contain a recommendation on whether the City Council should designate the property as an archaeological site or historic landmark.

(3)

Review by PZB The Planning and Zoning Board PZB shall provide public notice and hold a public hearing for the purpose of considering any proposed designation. Based upon the evidence at such hearing and the designation report, the Board shall make a recommendation to the Council on whether to approve, approve with conditions, or deny the proposed designation.

(4)

Consideration by Council The City Council shall conduct a public hearing to determine whether the proposed site meets the criteria outlined in Section 27-58(b), for the purpose of considering any proposed designation and shall act to approve, approve with conditions, amend or deny the proposed designation.

(5)

Appeals: Appeals from decisions of the City Council may be made to the courts as provided by the Florida Rules of Appellate Procedure. The decision of the Council shall be final and remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction.

(d)

Effect of Designation Upon designation, new construction or ground disturbing activity shall not be permitted within the designated site without the issuance of a development approval by the Council. Permits shall not be issued by the City for any work until such approval is granted.

(e)

Procedures for Obtaining Development Approval

(1)

Pre-Development Meeting Before submitting an application for a development approval, an applicant is encouraged to confer with staff from the various departments of the City at a pre-development meeting to obtain information and guidance.

(2)

Application for Development Approval The applicant shall submit to the City an application together with supporting exhibits, studies, and other material as required by the City.

(3)

PZB Public Hearing When a complete application is received, the PZB shall hold a public hearing. The purpose of the hearing is to hear all the evidence and formulate and make a recommendation to the Council.

(4)

Decision of the Council The decision of the City Council shall be based upon the guidelines, as well as the general purpose and intent of this subsection and any specific design guidelines officially adopted for the particular site.

(5)

Expiration of Development Approval Any development approval issued pursuant to the provisions of this section shall expire one (1) year from the date of issuance, unless the authorized work is commenced within this time period.

(f)

Guidelines for Issuing Development Approval

(1)

A development approval shall not be issued by the City Council for new construction, excavation, tree removal, or any ground disturbing activity unless there is substantial competent evidence that the work will not alter the character and integrity of the site.

(2)

Where it is determined that the character and integrity of an archaeological site will be altered, the Council may grant the development approval if the applicant can demonstrate that a denial of such approval will result in an unreasonable economic hardship. The Council, in granting a development approval, may require one or more of the following:

a.

Scientific excavation and evaluation of the site at the applicant's expense by an archaeologist approved by the Council.

b.

An archaeological survey at the applicant's expense conducted by an archaeologist approved by the Council containing an assessment of the significance of the archaeological site and an analysis of the impact of the proposed activity on the archaeological site.

c.

Mitigation, including protection or preservation of all or part of the archaeological site for green space. Any report or survey shall be prepared by archaeologist with a substantial practical or academic background in historical archaeology, ethnoarchaeology, experimental archaeology, archaeometry or archaeological science and shall be certified to and for reliance by the city.

(g)

Administration, Enforcement, Violations, and Penalties

(1)

Enforcement: The Department shall assist the City by making necessary inspections in connection with the enforcement of this section. The department shall be responsible for promptly stopping any work attempted to be done without or contrary to any development approval required under this section, and shall further be responsible for ensuring that any work not in accordance with a development approval is voluntarily corrected to comply with said development approval.

(2)

Violation and Penalties: Any person who conducts or causes any work in violation of this section shall be required to restore the site either to its condition prior to the violation or in accordance with a development approval by the City.

(3)

Conflicts: Where there are conflicts between these requirements and other code provisions regarding the same subject, the most restrictive requirements shall apply.

(Ord. No. 2597a, § 3(Exh. A), 3-24-2021; Ord. No. 2620, § 5(Exh. E), 8-24-2022)

(a)

Purpose: It is the intent and purpose of this section to promote the aesthetic and cultural enrichment development of the City by creating a citywide process for the integration of original art murals into private development projects on a content-neutral basis on certain terms and conditions. Murals comprise a unique medium of expression which serves the public interest. Murals have purposes distinct from traditional signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; community participation in the creation of original works of art; community building through the presence of and identification with original works of art; and a reduction in the incidence of graffiti and other crime. Murals can increase community identity and foster a sense of place and enclosure if they are located at heights and scales visible to pedestrians, are retained for longer periods of time and include a neighborhood process for discussion.

(b)

Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them herein, unless the context affirmatively designates to the contrary:

Artist is defined as a professional in the visual arts, having reached a certain level of expertise in their medium, and meeting at least two (2) of the following criteria:

(1)

The artist's works are included in private, public, corporate or museum collections; and/or

(2)

The artist has received art-related awards, grants, or fellowships; and/or

(3)

The artist has completed other public commissions on a similar scale; and/or

(4)

The artist has participated in exhibitions at major museums or galleries.

Community Artist is defined as an individual with a bachelor's degree or higher in the visual arts who is engaged in the instruction of art at a secondary school or college located within the City or a local resident who is under the tutelage of such individual.

Mural Art or Mural is defined as an original hand-produced work of visual art that is tiled or painted by hand directly upon, or affixed directly to an exterior wall of a building. For the purpose of this section, a "mural" shall not include:

(1)

mechanically produced or computer-generated prints or images, including, but not limited to, digitally printed vinyl; or

(2)

murals with electrical or mechanical components, or changing images.

(c)

Application Filing: An application for a mural may be initiated by any property owner whose property meets the eligible project criteria as set forth in Section 27-59(f), as a Minor Development approval per Section 417, Tables 417-1 and 417-2, subject to the payment of an application fee to cover the costs of processing the application. If the property is City-owned or CRA-owned, then the application shall be filed by the PZED Department on behalf of the City Administration, without an application fee.

(d)

Application Requirements: Mural application forms, along with all established and required fees, documents, and renderings shall be submitted by the applicant to the Department. All applications shall be processed according to Code and shall meet the minimum criteria of Sections 27-59(f) and (g).

(e)

Application Approval Required: The Department shall review applications for murals and compile a report which summarizes the artist and location of the mural. Once complete, the Department shall transmit all documents for review, consideration, and approval by the City Council.

(f)

Minimum Criteria: It shall be the policy of the City to limit mural art as follows:

(1)

Murals that are designed by a professional or community artist and commissioned by a property owner as defined herein; and

(2)

Murals may be allowed on properties with at least one hundred fifty (150) or more residential units and/or with commercial gross floor area of twelve thousand five hundred (12,500) or more square feet; and

(3)

Mural art must be applied utilizing weather-resistant paint or materials; and

(4)

Murals shall not extend more than six (6) inches from the plane of the wall upon which it is tiled or painted or to which it is affixed; and

(5)

Murals shall not contain any unlawful content, unlawful content shall include but not be limited to, content that includes obscenity, fraud, child pornography, content integral to illegal conduct, content that intentionally incites imminent lawless action, content that violates intellectual property law, true threats, and defamatory content; and

(6)

Murals shall not be designed as to constitute or create a traffic hazard in that no mural shall be erected, and there shall be no lighting of murals or premises, in such a manner or in such location as to obstruct the view of, or be confused with, any authorized traffic signal, notice or control device, or with lights on any emergency vehicle, or to create hazards or distractions to drivers because of direct or reflected natural or artificial light, flashing, intermittent or flickering lighting, or real or apparent movement. Any such murals or light sources shall be removed at the direction of the City. If not removed by owners or occupants of the property within ten (10) days of notice, the City shall cause the murals to be otherwise removed and the cost of removal shall become a lien against the property until satisfied; and

(7)

Murals shall only be located on building facades; and

(8)

Murals approved within the City shall include a caption near the mural that provides an explanation of the artwork to the public; and

(9)

The City has not made application to FDOT for certification for local zoning control of murals within the City's jurisdictional boundaries under provisions of the Highway Beautification Act, 23 U.S.C. Sec. 131, et seq., as amended from time-to-time; the Florida and U.S. Department of Transportation Agreement of January 27, 1972 ("Federal/State Agreement"), as amended from time-to-time; Federal Regulations, 23 C.F.R. Sec. 750.706, as amended from time-to-time; and Chapter 479.156, Florida Statutes, as amended from time-to-time. Accordingly, any mural application within six hundred sixty (660) feet of the nearest edge of the right-of-way within an area adjacent to the interstate highway system or the Federal-aid primary highway system shall, in addition to other criteria listed herein that are not in conflict with or controlled by way of the Federal/State Agreement, be approved by the Department of Transportation and the Federal Highway Administration when required by Federal law and Federal regulation under the Federal/State Agreement.

(g)

Maintenance: The property owner shall be responsible for the continuous maintenance of the mural art in good condition at all times, as determined by the City's code compliance officials. Maintenance includes the required repairs or cleaning to keep the artwork in its intended condition, including preventative maintenance at scheduled intervals to curtail future deterioration, as well as ordinary repairs, including painting, repair or replacement.

(h)

Removal or Replacement:

(1)

Murals installed in accordance with this section shall remain on site in the approved location and cannot be altered, replaced or removed except as provided in this section, or when deemed to be unsafe by the City's Building Official, due to damage from natural disasters. The agreement with the Artist shall include a waiver accompanied by consideration, any and all copyrights or moral rights, including but not limited to, moral rights, copyrights, claim of authorship, and right to prevent removal of the Mural granted to the Artist under the Visual Rights Act of 1990, under Title VI, 17 U.S.C. Section 106A ("VARA"), to the City and /or property owner for the Mural, including all designs, graphics, and any other drawings in the Mural.

(2)

Removal of existing murals or artwork and all replacement art and elements must meet all of the requirements of this section for installation.

(Ord. No. 2609, § 1, 2-23-2022; Ord. No. 2024-001, § 14(Exh. N), 1-24-2024; Ord. No. 2024-013, § 1(Exh. A), 11-20-2024)