This chapter shall be officially known as the “Zoning Code of the City of Pompano Beach, Florida” and may be referred to as the “Pompano Beach Zoning Code,” the “Zoning Code,” or “this Code.”

(Ord. 2012-64, passed 9-11-12)

   A.   General

The Pompano Beach City Commission is authorized to adopt this Code in accordance with: Article VIII, Section 2(b) of the Florida Constitution; Article I, Section 5 of the City of Pompano Beach Charter; Chapter 166 of the Florida Statutes (Municipal Home Rule Powers Act); and Section 163.3161 et seq. of the Florida Statutes (Local Government Comprehensive Planning and Land Development Regulation Act); and all other relevant laws of the State of Florida.

   B.   References to Florida Statutes

Whenever any provision of this Code refers to or cites a section of the Florida Statutes (Fla. Stat.) or Florida Administrative Code (FAC), and that section is later amended or superseded, this Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. 2012-64, passed 9-11-12)

The general purpose of this Code is to promote the public health, safety, and general welfare, and to implement the goals, objectives, and policies of the City of Pompano Beach Comprehensive Plan. More specifically, this Code is intended to do the following, consistent with the goals and policies of the comprehensive plan:

   A.   Preserve and enhance present advantages and overcome present handicaps that exist in the city;

   B.   Encourage the most appropriate use of land, water, and resources;

   C.   Deal effectively with future problems that may result from the use and development of land;

   D.   Facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services;

   E.   Conserve, develop, utilize, and protect natural and historic resources;

   F.   Maintain and protect the character and stability of the community and its established neighborhoods;

   G.   Encourage compact, mixed-use, pedestrian-oriented, and transit-oriented development;

   H.   Establish an overall sense of place of the city, its downtown area, and its activity center;

   I.   Promote sustainable development and reduce greenhouse gas emissions by encouraging less auto-dependent development patterns, renewable energy use, energy conservation, water conservation, vegetation, urban agriculture, recycling and waste reduction, and hazard-resilient development; and

   J.   Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of land development that recognize and respect the rights of landowners and consider the interests of the city's citizens.

(Ord. 2012-64, passed 9-11-12)

   A.   General

The provisions of this Code shall apply to the development of all land within the corporate limits of the City of Pompano Beach unless it is expressly exempted by a specific section or subsection of this Code.

   B.   Application to Governmental Units

      1.   The provisions of this Code shall apply to development by the city or its agencies and departments, or on land owned or otherwise controlled by the city.

      2.   To the extent allowed by law, the provisions of this Code shall also apply to development by any county, state, or federal government or its agencies, departments, or corporate services, or on land owned or otherwise controlled by a county, state, or federal government.

   C.   Appropriate Development Permits Required

No development shall occur without the development permits appropriate for the development, as set forth in Article 2: Administration.

   D.   Compliance with Code Required

No land shall be developed without full compliance with the provisions of this Code and all other applicable city, county, state, and federal regulations.

   E.   Emergency Exemption

Consistent with Section 166.041(3)(b), Fla. Stat., the City Commission may, by resolution and without any otherwise required prior notice or public hearing, authorize city agencies or departments to deviate from the provisions of this Code during an emergency when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Code.

(Ord. 2012-64, passed 9-11-12)

This Code is a means of implementing and ensuring consistency with the goals, objectives, and policies in the City of Pompano Beach Comprehensive Plan. Any amendments to this Code shall be consistent with the comprehensive plan.

(Ord. 2012-64, passed 9-11-12)

   A.   Conflicts with other City Regulations

If a provision of this Code is inconsistent with another provision of this Code, or with a provision found in other adopted codes or ordinances of the city, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

   B.   Conflicts with State or Federal Law

If a provision of this Code is inconsistent with a provision found in the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

   C.   Conflicts with Private Agreements

Nothing in this Code is intended to supersede, annul, or interfere with any easement, covenant, deed restriction, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with this Code. The city shall not be responsible for monitoring or enforcing private agreements.

(Ord. 2012-64, passed 9-11-12)

   A.   Establishment and Maintenance

      1.   The land subject to this Code is divided into the various base and overlay zoning districts established in Article 3: Zoning Districts, with the location and boundaries of the districts as shown on the Official Zoning Map. The Official Zoning Map and all the notations thereon is incorporated herein by reference and made part of this Code. The Official Zoning Map shall be the final authority as to the status of the current zoning district classification of land in the city.

      2.   The original and all revised versions of the Official Zoning Map shall be certified as such by the City Clerk, and shall be kept on file, in either hardcopy or digital form, in the Development Services Department.

      3.   Copies of the Official Zoning Map shall be made available for public inspection in the Development Services Department during normal business hours.

   B.   Changes

      1.   Changes made in zoning district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with Section 155.2403, General Zoning Map Amendment (Rezoning), Section 155.2404, Site-Specific Zoning Map Amendment (Rezoning), or Section 155.2405, Planned Development, as appropriate.

      2.   The Development Services Director shall enter changes onto the Official Zoning Map promptly after a map amendment is approved by the City Commission. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Development Services Director may enter on the Official Zoning Map notations reflecting the ordinance wording.

      3.   The Development Services Director shall maintain copies of superseded versions of the Official Zoning Map for historical reference.

(Ord. 2012-64, passed 9-11-12)

Lands annexed into the city shall be given a zoning classification equivalent to the zoning classification the land had under Broward County zoning regulations prior to annexation. The Broward County zoning classification shall be set forth in the ordinance annexing the land with the finding of fact by the City Commission of the equivalent zoning classification. Lands annexed into the city by action of the state legislature shall retain their Broward County zoning classification until city zoning classifications are assigned to the lands in accordance with procedures for Zoning Map Amendments (Rezonings) and comprehensive plan amendments.

(Ord. 2012-64, passed 9-11-12)

This Code shall take effect and be in full force on January 1, 2013, provided, however, that this Code may be applied to development applications pending between the date of this Code's adoption and January 1, 2013 in accordance with Section 155.1505, Pending Applications.

(Ord. 2012-64, passed 9-11-12)

Any violation of the previous zoning code and other development regulations replaced by this Code shall continue to be a violation under this Code, and be subject to the penalties set forth in Article 8: Enforcement, unless the development complies with the express terms of this Code.

(Ord. 2012-64, passed 9-11-12)

If any use, structure, lot, or site feature was legally established on the date of its development, but does not fully comply with the standards of this Code, then that use, structure, lot, or site feature shall be considered nonconforming and subject to the provisions of Article 7: Nonconformities. If a use, structure, lot, or site feature that was legally nonconforming under previous development regulations becomes conforming under this Code, it shall no longer be deemed nonconforming or subject to the provisions of Article 7: Nonconformities.

(Ord. 2012-64, passed 9-11-12)

   A.   If an application for a development permit is accepted as complete before the date this Code is adopted or between the adoption date and January 1, 2013, the application shall be reviewed and decided, at the applicant's option, wholly in accordance with the prior development regulations in effect when the application was accepted, or wholly in accordance with this Code (but not in accordance with a mix of provisions from both sets of regulations).

   B.   If the applicant elects to have the pending development permit application reviewed in accordance with the prior regulations, the city shall review and decide the application in good faith and in accordance with any time frames established by the prior regulations. If the application is approved and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Code.

   C.   To the extent a pending application for a development permit is approved in accordance with the prior regulations and proposes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 7: Nonconformities.

(Ord. 2012-64, passed 9-11-12)

   A.   Any development approved in accordance with the prior development regulations may be carried out in accordance with the terms and conditions of its approval and the development procedures and standards in effect at the time of approval, provided the approval has not expired and otherwise remains valid. If the prior approval expires, is revoked, or otherwise becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Code.

   B.   To the extent a prior approval authorizes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 7: Nonconformities.

(Ord. 2012-64, passed 9-11-12)

It is the legislative intent of the City Commission in adopting this code that all provisions shall be liberally construed to implement the comprehensive plan and guide development in accordance with the existing and future needs of the city as established in this Code, and to promote the public health, safety, and welfare of landowners and residents of the city. If any part, section, subsection, sentence, clause, or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid, such shall not affect the validity and continued enforcement of any other provision of this Code. The City Commission hereby declares that it would have adopted this Code and any part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases of the Code is declared invalid by a court of competent jurisdiction.

(Ord. 2012-64, passed 9-11-12)

 

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13)